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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Apprehended
Violence) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Amendment of other Acts and regulations 2
5 Repeal of Act 2
Schedule 1 Amendment of Crimes Act 1900 relating to Part 15A 3
Schedule 2 Consequential amendments to Crimes Act 1900 50
Schedule 3 Amendment of other Acts and regulations 53
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Crimes Amendment (Apprehended
Violence) Bill 2006
Act No , 2006
An Act to amend the Crimes Act 1900 in relation to the protection of persons from
domestic and personal violence; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes Amendment (Apprehended Violence) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Amendment (Apprehended Violence) Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedules 1 and 2.
4 Amendment of other Acts and regulations
The Acts and regulations specified in Schedule 3 are amended as set out
in that Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
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Crimes Amendment (Apprehended Violence) Bill 2006
Amendment of Crimes Act 1900 relating to Part 15A Schedule 1
Schedule 1 Amendment of Crimes Act 1900 relating
to Part 15A
(Section 3)
Part 15A
Omit the Part. Insert instead:
Part 15A Apprehended violence orders
Division 1 Preliminary
562A Definitions
In this Part:
apprehended domestic violence order means an order under
Division 2.
apprehended personal violence order means an order under
Division 3.
apprehended violence order means:
(a) an apprehended domestic violence order, or
(b) an apprehended personal violence order.
authorised officer has the same meaning as in the Law
Enforcement (Powers and Responsibilities) Act 2002.
child means a person under the age of 16 years.
court means:
(a) a Local Court, or
(b) the Children's Court, or
(c) the District Court,
exercising jurisdiction under section 562ZZP.
defendant means the person against whom an order is made or is
sought to be made.
domestic relationship--see section 562B.
domestic violence offence means a personal violence offence
committed by a person against another person with whom the
person who commits the offence has or has had a domestic
relationship.
final order means:
(a) in relation to an interim apprehended domestic violence
order, an order made under Division 2, or
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Crimes Amendment (Apprehended Violence) Bill 2006
Schedule 1 Amendment of Crimes Act 1900 relating to Part 15A
(b) in relation to an interim apprehended personal violence
order, an order made under Division 3.
intimidation--see section 562D.
order means an apprehended violence order (including a
telephone interim order or an interim order made by a court) in
force under this Part and, if the order is varied under this Part,
means the order as so varied.
personal violence offence means:
(a) an offence under, or mentioned in, section 19A, 24, 26, 27,
28, 29, 30, 31, 33, 33A, 35, 35A, 37, 38, 39, 41, 44, 46, 47,
48, 49, 58, 59, 61, 61B, 61C, 61D, 61E, 61I, 61J, 61JA,
61K, 61L, 61M, 61N, 61O, 65A, 66A, 66B, 66C, 66D,
66EA, 80A, 80D, 86, 87, 93G, 93GA, 195, 196, 198, 199,
200 or 562ZG, or
(b) an offence of attempting to commit an offence referred to
in paragraph (a).
property recovery order means a property recovery order made
under section 562ZF.
protected health care provider means a person who is employed
or engaged to provide any care, treatment, advice or service in
respect of the physical or mental health of any protected person.
protected person means the person for whose protection an order
is sought or made.
relative--see section 562C.
stalking includes the following of a person about or the watching
or frequenting of the vicinity of or an approach to a person's place
of residence, business or work or any place that a person
frequents for the purposes of any social or leisure activity.
telephone includes radio, facsimile and any other communication
device.
telephone interim order means an interim apprehended violence
order made by an authorised officer in accordance with
Subdivision 1 of Division 4.
562B Meaning of "domestic relationship"
For the purposes of this Part, a person has a domestic
relationship with another person if the person:
(a) is or has been married to the other person, or
(b) has or has had a de facto relationship, within the meaning
of the Property (Relationships) Act 1984, with the other
person, or
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Amendment of Crimes Act 1900 relating to Part 15A Schedule 1
(c) has or has had an intimate personal relationship with the
other person, whether or not the intimate relationship
involves or has involved a relationship of a sexual nature,
or
(d) is living or has lived in the same household as the other
person, or
(e) is living or has lived as a long-term resident in the same
residential facility as the other person (not being a facility
that is a correctional centre within the meaning of the
Crimes (Administration of Sentences) Act 1999 or a
detention centre within the meaning of the Children
(Detention Centres) Act 1987), or
(f) has or has had a relationship involving his or her
dependence on the ongoing paid or unpaid care of the other
person, or
(g) is or has been a relative of the other person, or
(h) in the case of an Aboriginal person or a Torres Strait
Islander, is or has been part of the extended family or kin
of the other person according to the Indigenous kinship
system of the person's culture.
562C Meaning of "relative"
For the purposes of this Part, a person is a relative of another
person (the other person):
(a) if the person is:
(i) a father, mother, grandfather, grandmother,
step-father, step-mother, father-in-law or
mother-in-law, or
(ii) a son, daughter, grandson, grand-daughter, step-son,
step-daughter, son-in-law or daughter-in-law, or
(iii) a brother, sister, half-brother, half-sister,
step-brother, step-sister, brother-in-law or
sister-in-law, or
(iv) an uncle, aunt, uncle-in-law or aunt-in-law, or
(v) a nephew or niece, or
(vi) a cousin,
of the other person, or
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Schedule 1 Amendment of Crimes Act 1900 relating to Part 15A
(b) where the person has a de facto relationship, within the
meaning of the Property (Relationships) Act 1984, with
somebody else (the person's partner)--if the other person
is:
(i) a father, mother, grandfather, grandmother,
step-father or step-mother, or
(ii) a son, daughter, grandson, grand-daughter, step-son
or step-daughter, or
(iii) a brother, sister, half-brother, half-sister,
step-brother or step-sister, or
(iv) an uncle or aunt, or
(v) a nephew or niece, or
(vi) a cousin,
of the person's partner.
562D Meaning of "intimidation"
(1) For the purposes of this Part, intimidation of a person means:
(a) conduct amounting to harassment or molestation of the
person, or
(b) an approach made to the person by any means (including
by telephone, telephone text messaging, e-mailing and
other technologically assisted means) that causes the
person to fear for his or her safety, or
(c) any conduct that causes a reasonable apprehension of
injury to a person or to a person with whom he or she has
a domestic relationship, or of violence or damage to any
person or property.
(2) For the purpose of determining whether a person's conduct
amounts to intimidation, a court may have regard to any pattern
of violence (especially violence constituting a domestic violence
offence) in the person's behaviour.
Division 2 Apprehended domestic violence orders
562E Objects of Division
(1) The objects of this Division are:
(a) to ensure the safety and protection of all persons, including
children, who experience or witness domestic violence,
and
(b) to reduce and prevent violence between persons who are in
a domestic relationship with each other, and
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Amendment of Crimes Act 1900 relating to Part 15A Schedule 1
(c) to enact provisions that are consistent with certain
principles underlying the Declaration on the Elimination
of Violence against Women, and
(d) to enact provisions that are consistent with the United
Nations Convention on the Rights of the Child.
(2) This Division aims to achieve its objects by:
(a) empowering courts to make apprehended domestic
violence orders to protect people from domestic violence,
intimidation, stalking and harassment, and
(b) ensuring that access to courts is as speedy, inexpensive,
safe and simple as is consistent with justice.
(3) In enacting this Division, Parliament recognises:
(a) that domestic violence, in all its forms, is unacceptable
behaviour, and
(b) that domestic violence is predominantly perpetrated by
men against women and children, and
(c) that domestic violence occurs in all sectors of the
community, and
(d) that domestic violence extends beyond physical violence
and may involve the exploitation of power imbalances and
patterns of abuse over many years, and
(e) that domestic violence occurs in traditional and
non-traditional settings, and
(f) the particularly vulnerable position of children who are
exposed to domestic violence as victims or witnesses, and
the impact that such exposure can have on their current and
future physical, psychological and emotional well-being,
and
(g) that domestic violence is best addressed through an
integrated framework of prevention and support and, in
certain cases, may be the subject of appropriate
intervention by the court.
(4) A court that, or person who, exercises any power conferred by or
under this Division in relation to domestic violence must be
guided in the exercise of that power by the objects of this
Division.
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Schedule 1 Amendment of Crimes Act 1900 relating to Part 15A
562F Application for making of ADVO by court
(1) An application may be made in accordance with Subdivision 2 of
Division 7 for an apprehended domestic violence order for the
protection of:
(a) a person against another person with whom he or she has
or has had a domestic relationship, or
(b) two or more persons against another person with whom at
least one of those persons has or has had a domestic
relationship.
(2) An application is to be treated as an application for an
apprehended personal violence order if none of the persons for
whose protection the order would be made has or has had a
domestic relationship with the person against whom it is sought.
562G Court may make ADVO
(1) A court may, on application, make an apprehended domestic
violence order if it is satisfied on the balance of probabilities that
a person who has or has had a domestic relationship with another
person has reasonable grounds to fear and in fact fears:
(a) the commission by the other person of a personal violence
offence against the person, or
(b) the engagement of the other person in conduct in which the
other person:
(i) intimidates the person or a person with whom the
person has a domestic relationship, or
(ii) stalks the person,
being conduct that, in the opinion of the court, is sufficient
to warrant the making of the order.
(2) Despite subsection (1), it is not necessary for the court to be
satisfied that the person for whose protection the order would be
made in fact fears that such an offence will be committed, or that
such conduct will be engaged in, if:
(a) the person is a child, or
(b) the person is, in the opinion of the court, suffering from an
appreciably below average general intelligence function,
or
(c) in the opinion of the court:
(i) the person has been subjected at any time to conduct
by the defendant amounting to a personal violence
offence, and
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Crimes Amendment (Apprehended Violence) Bill 2006
Amendment of Crimes Act 1900 relating to Part 15A Schedule 1
(ii) there is a reasonable likelihood that the defendant
may commit a personal violence offence against the
person, and
(iii) the making of the order is necessary in the
circumstances to protect the person from further
violence.
(3) For the purposes of this section, conduct may amount to
intimidation of a person even though:
(a) it does not involve actual or threatened violence to the
person, or
(b) it consists only of actual or threatened damage to property
belonging to, in the possession of or used by the person.
Note. Division 5 provides for the matters that may be included in orders
and the effect of contravening orders.
562H Matters to be considered by court
(1) In deciding whether or not to make an apprehended domestic
violence order, the court must consider the safety and protection
of the protected person and any child directly or indirectly
affected by the conduct of the defendant alleged in the
application for the order.
(2) Without limiting subsection (1), in deciding whether or not to
make an apprehended domestic violence order, the court is to
consider:
(a) in the case of an order that would prohibit or restrict access
to the defendant's residence--the effects and
consequences on the safety and protection of the protected
person and any children living or ordinarily living at the
residence if an order prohibiting or restricting access to the
residence is not made, and
(b) any hardship that may be caused by making or not making
the order, particularly to the protected person and any
children, and
(c) the accommodation needs of all relevant parties, in
particular the protected person and any children, and
(d) any other relevant matter.
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(3) When making an apprehended domestic violence order, the court
is to ensure that the order imposes only those prohibitions and
restrictions on the defendant that, in the opinion of the court, are
necessary for the safety and protection of the protected person,
and any child directly or indirectly affected by the conduct of the
defendant alleged in the application for the order, and the
protected person's property.
(4) If an application is made for an apprehended domestic violence
order that prohibits or restricts access by the defendant to any
premises or place and the court hearing proceedings in respect of
the application decides to make an order without the prohibition
or restriction sought, the court is to explain the reasons for that
decision.
Division 3 Apprehended personal violence orders
562I Object of Division
(1) The object of this Division is to ensure the safety and protection
of all persons who experience personal violence outside a
domestic relationship.
(2) This Division aims to achieve its object by:
(a) empowering courts to make apprehended personal
violence orders in appropriate circumstances to protect
people from violence, intimidation, stalking and
harassment, and
(b) ensuring that access to courts is as speedy, inexpensive,
safe and simple as is consistent with justice, and
(c) ensuring that other avenues of dispute resolution are
encouraged where appropriate.
562J Application for making of APVO by court
(1) An application may be made in accordance with Subdivision 2 of
Division 7 for an apprehended personal violence order for the
protection of one or more persons against another person.
(2) An application is to be treated as an application for an
apprehended domestic violence order if one or more of the
persons for whose protection the order would be made has or has
had a domestic relationship with the person against whom it is
sought.
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562K Court may make APVO
(1) A court may, on application, make an apprehended personal
violence order if it is satisfied on the balance of probabilities that
a person has reasonable grounds to fear and in fact fears:
(a) the commission by the other person of a personal violence
offence against the person, or
(b) the engagement of the other person in conduct in which the
other person:
(i) intimidates the person, or
(ii) stalks the person,
being conduct that, in the opinion of the court, is sufficient
to warrant the making of the order.
(2) Despite subsection (1), it is not necessary for the court to be
satisfied that the person for whose protection the order would be
made in fact fears that such an offence will be committed, or that
such conduct will be engaged in, if:
(a) the person is a child, or
(b) the person is, in the opinion of the court, suffering from an
appreciably below average general intelligence function.
(3) For the purposes of this section, conduct may amount to
intimidation of a person even though:
(a) it does not involve actual or threatened violence to the
person, or
(b) it consists only of actual or threatened damage to property
belonging to, in the possession of or used by the person.
Note. Division 5 provides for the matters that may be included in orders
and the effect of contravening orders.
562L Matters to be considered by court
(1) In deciding whether or not to make an apprehended personal
violence order, the court must consider the safety and protection
of the person seeking the order and any child directly or indirectly
affected by the conduct of the defendant alleged in the
application for the order.
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Schedule 1 Amendment of Crimes Act 1900 relating to Part 15A
(2) Without limiting subsection (1), in deciding whether or not to
make an apprehended personal violence order, the court is to
consider:
(a) in the case of an order that would prohibit or restrict access
to the defendant's residence--the effects and
consequences on the safety and protection of the protected
person and any children living or ordinarily living at the
residence if an order prohibiting or restricting access to the
residence is not made, and
(b) any hardship that may be caused by making or not making
the order, particularly to the protected person and any
children, and
(c) the accommodation needs of all relevant parties, in
particular the protected person and any children, and
(d) any other relevant matter.
(3) When making an apprehended personal violence order, the court
is to ensure that the order imposes only those prohibitions and
restrictions on the defendant that, in the opinion of the court, are
necessary for the safety and protection of the protected person,
and any child directly or indirectly affected by the conduct of the
defendant alleged in the application for the order, and the
protected person's property.
(4) If an application is made for an apprehended personal violence
order that prohibits or restricts access by the defendant to any
premises or place and the court hearing proceedings in respect of
the application decides to make an order without the prohibition
or restriction sought, the court is to explain the reasons for that
decision.
562M Discretion to refuse to issue process in APVO matters
(1) An authorised officer may, in accordance with this section, refuse
to issue process where an application for an apprehended
personal violence order is made, unless the application was made
by a police officer.
(2) An authorised officer refuses to issue process by deciding not to
issue a warrant referred to in section 562ZZI or an application
notice under Part 6 of the Local Courts Act 1982.
(3) An authorised officer may refuse to issue process if the
authorised officer is satisfied that the application:
(a) is frivolous, vexatious, without substance or has no
reasonable prospect of success, or
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(b) could be dealt with more appropriately by mediation or
other alternative dispute resolution.
(4) Unless satisfied that there are compelling reasons for doing so, an
authorised officer is not to refuse to issue process if the
application discloses allegations of any of the following:
(a) a personal violence offence,
(b) an offence under section 545AB,
(c) harassment relating to the protected person's race,
religion, homosexuality, transgender status, HIV/AIDS or
other disability.
(5) In determining whether or not to issue process, the authorised
officer must take the following matters into account:
(a) the nature of the allegations,
(b) whether the matter is amenable to mediation or other
alternative dispute resolution,
(c) whether the parties have previously attempted to resolve
the matter by mediation or other means,
(d) the availability and accessibility of mediation or other
alternative dispute resolution services,
(e) the willingness and capacity of each party to resolve the
matter otherwise than through an application for an
apprehended personal violence order,
(f) the relative bargaining powers of the parties,
(g) whether the application is in the nature of a cross
application,
(h) any other matters that the authorised officer considers
relevant.
(6) If the authorised officer refuses to issue process under this
section, the authorised officer must record the reasons for doing
so in writing.
562N Referral of matters to mediation
(1) At any time when considering whether to make an apprehended
personal violence order or after making such an order, a court
may refer the protected person and the defendant for mediation
under the Community Justice Centres Act 1983.
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Schedule 1 Amendment of Crimes Act 1900 relating to Part 15A
(2) A matter is not to be referred to mediation under this section if the
court is of the opinion that:
(a) there has been a history of physical violence to the
protected person by the defendant, or
(b) the protected person has been subjected to conduct by the
defendant amounting to a personal violence offence, or
(c) the protected person has been subjected to conduct by the
defendant amounting to an offence under section 545AB,
or
(d) the defendant has engaged in conduct amounting to
harassment relating to the protected person's race,
religion, homosexuality, transgender status, HIV/AIDS or
other disability, or
(e) there has been a previous attempt at mediation in relation
to the same matter and the attempt was not successful.
(3) Nothing in this section affects section 24 of the Community
Justice Centres Act 1983.
Note. Section 24 of the Community Justice Centres Act 1983 enables
the Director of Community Justice Centres to decline to consent to the
acceptance of a dispute for mediation and enables the Director or a
mediator to terminate a mediation session at any time.
(4) The Director of Community Justice Centres is to provide a
written report on the outcome of the mediation or attempted
mediation to the court that referred the matter for mediation.
(5) On receiving a report under subsection (4), the court is to take
such action in accordance with this Act as it considers
appropriate in relation to the matter concerned and in doing so
may take into account the contents of the report.
(6) If a matter is referred to mediation under this section without an
order having been made, any proceedings in relation to the
application are taken to have been stayed until a report is
provided under subsection (4).
(7) If the Director of Community Justice Centres provides a report
under subsection (4) or a mediator conducts a mediation of a
matter referred under this section, the Director or the mediator is
taken, for the purposes of the provisions of the Community
Justice Centres Act 1983, to be exercising those functions for the
purpose of executing that Act.
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Crimes Amendment (Apprehended Violence) Bill 2006
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Division 4 Interim apprehended violence orders
Subdivision 1 Telephone interim orders
562O Application by telephone
(1) A police officer may apply by telephone to an authorised officer
for an interim apprehended domestic violence order or an interim
apprehended personal violence order.
(2) An application for a telephone interim order:
(a) may be made at the request of the protected person or on
the police officer's own initiative, and
(b) may be transmitted to the authorised officer by another
person on behalf of the applicant if it is not practicable for
the application to be made by the person by telephone
directly to the authorised officer.
562P When application may be made
(1) An application may be made by telephone if:
(a) an incident occurs involving the person against whom the
order is sought to be made and the person who would be
protected by the order, and
(b) a police officer has good reason to believe an order needs
to be made immediately to ensure the safety and protection
of the person who would be protected by the order or to
prevent substantial damage to any property of that person.
(2) An application may be made at any time and whether or not the
court is sitting.
562Q Obligation to apply for order in certain circumstances
(1) An application must be made under this Subdivision if:
(a) a police officer investigating the incident concerned
suspects or believes that:
(i) a domestic violence offence or an offence against
section 545AB has recently been or is being
committed, or is imminent, or is likely to be
committed, against the person for whose protection
an order would be made, or
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(ii) an offence under section 227 (Child and young
person abuse) of the Children and Young Persons
(Care and Protection) Act 1998 (but only in relation
to a child) has recently been or is being committed,
or is imminent, or is likely to be committed, against
the person for whose protection an order would be
made, or
(iii) proceedings have been commenced against a person
for an offence referred to in subparagraph (i) or (ii)
against the person for whose protection an order
would be made, and
(b) the police officer has good reason to believe an order needs
to be made immediately to ensure the safety and protection
of the person who would be protected by the order or to
prevent substantial damage to any property of that person.
(2) The application may be made by any police officer.
(3) An application need not be made in the circumstances referred to
in subsection (1) if an order is already in force against the
defendant for the protection of the person concerned.
(4) An application need not be made in the circumstances referred to
in subsection (1) if the person for whose protection an order
would be made is at least 16 years of age at the time of the
incident and a police officer investigating the incident believes:
(a) that the person intends to make an application for an order,
or
(b) that there is good reason not to make the application.
(5) However, if the police officer investigating the incident believes
that there is good reason not to make the application, the police
officer must make a written record of the reason.
(6) For the purposes of subsection (4), the reluctance of the person to
make an application does not, on its own, constitute a good
reason for a police officer not to make an application if the police
officer reasonably believes that:
(a) the person has been the victim of violence or there is a
significant threat of violence to the person, or
(b) the person has an intellectual disability and has no
guardian.
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562R Making of interim order
(1) An authorised officer to whom an application is made under this
Subdivision may, if satisfied that there are reasonable grounds for
doing so, make the interim apprehended violence order (a
telephone interim order).
(2) Section 562N (Referral of matters to mediation) applies to an
authorised officer when considering whether to make a telephone
interim apprehended personal violence order or after making
such an order in the same way as it applies to a court.
(3) Sections 562ZL, 562ZM and 562ZZB apply to the making of a
telephone interim order in the same way as they apply to other
orders.
562S Prohibitions and restrictions imposed by telephone interim orders
(1) An authorised officer to whom an application is made for a
telephone interim order may, by the order, impose any or all of
the following prohibitions or restrictions on the behaviour of the
defendant if satisfied that there are reasonable grounds for doing
so:
(a) prohibiting or restricting approaches by the defendant to
the protected person,
(b) prohibiting or restricting access by the defendant to any or
all of the following:
(i) any premises occupied by the protected person from
time to time or any specified premises occupied by
the protected person,
(ii) any place where the protected person works from
time to time or any specified place of work of the
protected person,
(iii) any specified premises or place frequented by the
protected person,
whether or not the defendant has a legal or equitable
interest in the premises or place,
(c) prohibiting or restricting the defendant from approaching
the protected person, or any such premises or place, within
12 hours of consuming intoxicating liquor or illicit drugs,
(d) prohibiting or restricting the possession of all or any
specified firearms by the defendant,
(e) prohibiting the defendant from destroying or deliberately
damaging or interfering with the protected person's
property.
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(2) If the authorised officer makes an order that prohibits or restricts
the possession of firearms by the defendant, the authorised
officer may by the order require the defendant to dispose of
firearms in the defendant's possession and to surrender to the
Commissioner of Police any licence, permit or other authority
under the Firearms Act 1996 or the Weapons Prohibition Act
1998 held by the defendant.
(3) An authorised officer may not include prohibitions or restrictions
referred to in subsection (1) in a telephone interim order if the
defendant is a child.
(4) Any prohibition or restriction imposed by a telephone interim
order under this section is in addition to any matters that are taken
to be specified by the order under section 562ZE.
Note. Section 562ZE specifies the conduct (such as assault,
harassment, intimidation or stalking) that is prohibited by every order,
unless ordered otherwise.
(5) Section 562ZD does not apply to a telephone interim order.
562T Telephone interim order taken to be application for court order
(1) A telephone interim order is taken, for the purposes of this Part,
to be an application for an order under Subdivision 2 of Division
7.
(2) The telephone interim order is to contain a direction for the
appearance of the defendant at a hearing of the application by an
appropriate court on a date specified in the order by the
authorised officer who makes it (being a date that is not more than
28 days after the making of the telephone interim order).
562U Recording of order
(1) The authorised officer who makes a telephone interim order is to
inform the applicant of the terms of the order, the date of the
hearing of the application and the date and time when the order
was made.
(2) The applicant is to complete a form of order in the terms so
indicated and write on it the date of the hearing of the application,
the name of the authorised officer and the date and time when the
order was made.
(3) The order so completed is taken to be an order duly made under
this Subdivision.
(4) An authorised officer may, instead of proceeding under
subsection (1), furnish the telephone interim order to the
applicant by facsimile transmission.
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(5) The copy of an order produced by transmission under subsection
(4) is taken to be the original document.
562V Service
A telephone interim order is to be served personally on the
defendant by a police officer as soon as practicable after it is
made.
562W Duration
(1) A telephone interim order remains in force until midnight on the
twenty-eighth day after the order is made, unless it is sooner
revoked or ceases to have effect under subsection (2) or the
application for a final order is withdrawn or dismissed.
(2) If a court makes an order against a defendant for the protection of
a person protected by a telephone interim order, the telephone
interim order ceases to have effect:
(a) in a case where the defendant is present at court--when the
court order is made, or
(b) in any other case--when the defendant is served under
section 562ZZA with a copy of the order.
562X Variation or revocation
(1) A telephone interim order may be varied or revoked by:
(a) the authorised officer who made it or any other authorised
officer, or
(b) any court dealing with an application for an order against
the same defendant.
(2) A telephone interim order may be varied:
(a) by amending or deleting any prohibitions or restrictions
specified in the order, or
(b) by specifying additional prohibitions or restrictions in the
order.
(3) An application for a variation or the revocation of a telephone
interim order may be made only by a police officer.
(4) If there is more than one protected person under a telephone
interim order, the order may be varied or revoked in its
application to all of the protected persons or in relation to any one
or more of the protected persons.
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(5) Notice of the variation or revocation is to be served on the
defendant, each protected person affected by the variation or
revocation and the Commissioner of Police.
(6) The duration of a telephone interim order may not be varied
under this section.
562Y Detention of defendant for service of documents
(1) If a police officer makes or is about to make an application for a
telephone interim order, the police officer may direct the person
against whom the order is sought to remain at the scene of the
incident concerned or, in a case where the person has left the
scene of the incident, at another place where a police officer
locates the person.
(2) If the person refuses to remain, the police officer may arrest and
detain the person at the scene of the incident or other place, or
arrest and take the person to a police station and there detain the
person, until the telephone interim order is made and served.
(3) If a telephone interim order or variation of a telephone interim
order is made and a copy of the order or variation is required to
be served personally under this Act, a police officer who
reasonably suspects that a person is the defendant in relation to
the order may direct the person to remain where the person is for
the purpose only of serving a copy of the document concerned on
the person.
(4) If the person refuses to remain, the police officer may arrest and
detain the person at the same place, or arrest and take the person
to a police station and there detain the person, for the purpose
only of serving the document concerned on the person.
562Z Purported renewal or continuance
(1) A telephone interim order may not be renewed and a further
telephone interim order may not be made in respect of the same
incident.
(2) If a court purports to renew or continue a telephone interim order:
(a) the order is taken to be an interim apprehended violence
order made by the court at that time, and
(b) further service of the order is not required.
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Subdivision 2 Interim orders made by court or registrar
562ZA Interim court orders
(1) A court may, on application made in accordance with
Subdivision 2 of Division 7, make an interim apprehended
violence order (an interim order) if it appears to the court that it
is necessary or appropriate to do so in the circumstances.
(2) An interim order may be either an interim apprehended domestic
violence order or an interim apprehended personal violence
order.
(3) An interim order may be made by a court whether or not:
(a) the defendant is present at the proceedings, or
(b) the defendant has been given notice of the proceedings.
(4) A court may, in deciding whether to make an interim order, admit
affidavit evidence or a written statement by a police officer that
is tendered on behalf of the person for whose protection the order
would be made if:
(a) the person is unable, for any good reason, to be present at
the proceedings, and
(b) the court is satisfied that the matter requires urgent
consideration by the court.
(5) If an interim order is made by a court:
(a) the court is to require the defendant to appear at a further
hearing of the matter by the court as soon as practicable
after the interim order is made, and
(b) the court may, at the further hearing or an adjourned
further hearing, make a final order in the same terms as the
interim order or with variations or may revoke the interim
order (whether or not the defendant appears at any such
further hearing).
(6) An interim order has, while it remains in force, the same effect as
a final order.
562ZB Interim orders made by registrar of court with consent
(1) The registrar of a Local Court or the Registrar of the Children's
Court may, on application, make an interim apprehended
violence order if satisfied that the protected person and the
defendant consent to the making of the order.
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(2) Section 562ZW applies in relation to the making of an order by
the registrar of a court under this section in the same way as it
applies to the making of an interim apprehended violence order
by a court.
(3) If an interim apprehended violence order is made by a registrar:
(a) the registrar is to require the defendant to appear at a
further hearing of the matter before a court as soon as
practicable after the interim order is made, and
(b) the court may, at the further hearing or an adjourned
hearing, make a final order in the same terms as the interim
order or with variations or may revoke the interim order.
(4) An interim apprehended violence order made by the registrar of
a Local Court or the Registrar of the Children's Court under this
section is taken to have been made by a Local Court or the
Children's Court (as appropriate) and has effect accordingly.
(5) Section 562ZZ applies to a registrar who makes an interim
apprehended violence order under this section.
562ZC Interim order ceases when court order made or served
(1) An interim order made by a court remains in force until:
(a) it is revoked, or
(b) it ceases to have effect under subsection (2), or
(c) the application for a final order is withdrawn or dismissed,
whichever first occurs.
(2) If a final order is made in respect of an interim order (whether
with or without variation), the interim order ceases to have effect:
(a) in a case where the defendant is present at court--when the
final order is made, or
(b) in any other case--when the defendant is served under
section 562ZZA with a copy of the final order.
Division 5 Content and effect of apprehended violence
orders
562ZD Prohibitions and restrictions imposed by orders
(1) When making an order, a court may impose such prohibitions or
restrictions on the behaviour of the defendant as appear necessary
or desirable to the court and, in particular, to ensure the safety and
protection of the person in need of protection and any children
from domestic or personal violence.
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(2) Without limiting the generality of subsection (1), an order may do
all or any of the following:
(a) prohibit or restrict approaches by the defendant to the
protected person,
(b) prohibit or restrict access by the defendant to any or all of
the following:
(i) to any premises occupied by the protected person
from time to time or to any specified premises
occupied by the protected person,
(ii) to any place where the protected person works from
time to time or to any specified place of work of the
protected person,
(iii) to any specified premises or place frequented by the
protected person,
whether or not the defendant has a legal or equitable
interest in the premises or place,
(c) prohibit or restrict the defendant from approaching the
protected person, or any such premises or place, within 12
hours of consuming intoxicating liquor or illicit drugs,
(d) prohibit or restrict the possession of all or any specified
firearms by the defendant,
(e) prohibit the defendant from destroying or deliberately
damaging or interfering with the protected person's
property,
(f) prohibit or restrict specified behaviour by the defendant
which might affect the protected person.
(3) If the court makes an order that prohibits or restricts the
possession of firearms by the defendant, the court may by the
order require the defendant to dispose of firearms in the
defendant's possession and to surrender to the Commissioner of
Police any licence, permit or other authority under the Firearms
Act 1996 or the Weapons Prohibition Act 1998 held by the
defendant.
562ZE Order prohibits stalking, intimidation etc
Every order is taken to specify that the defendant is prohibited
from doing any of the following:
(a) assaulting, molesting, harassing, threatening or otherwise
interfering with the protected person or a person with
whom the protected person has a domestic relationship,
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(b) engaging in any other conduct that intimidates the
protected person or a person with whom the protected
person has a domestic relationship,
(c) stalking the protected person or a person with whom the
protected person has a domestic relationship.
562ZF Ancillary property recovery orders may be made
(1) A court or an authorised officer may, when making an
apprehended domestic violence order or an interim apprehended
domestic violence order, make an ancillary property recovery
order if:
(a) the protected person has left personal property at premises
which the defendant occupies, or
(b) the defendant has left personal property at premises which
the protected person occupies.
(2) A property recovery order may do any or all of the following:
(a) direct the person who occupies the premises concerned to
allow access to the premises to the person who has left the
personal property at the premises (and any police officer or
person who is authorised by the order to accompany the
person) to enable the removal of the property,
(b) provide that the access to the premises concerned is to be
at a time or times arranged between the occupier of the
premises and a police officer (whether or not the order
requires the person recovering the property to be
accompanied by a police officer),
(c) require the person who has left the personal property at the
premises to be accompanied by a police officer when
removing the property from the premises,
(d) provide that the person who has left the personal property
at the premises may be accompanied by any other
specified person,
(e) specify the type or types of property to which the order
relates.
(3) A property recovery order does not authorise entry to any
premises by means of force.
(4) A property recovery order does not confer any right on a person
to take property that the person does not own or have a legal right
to possess even if the type of property is specified in the order.
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(5) A property recovery order in respect of personal property left by
the defendant on premises may not be made in the absence of the
defendant.
(6) A person must not, without reasonable excuse, contravene an
order under this section or obstruct a person who is attempting to
comply with an order under this section.
Maximum penalty: 50 penalty units.
(7) The onus of proof of reasonable excuse in proceedings for an
offence against subsection (6) lies on the person accused of the
offence.
562ZG Offence of contravening order
(1) A person who knowingly contravenes a prohibition or restriction
specified in an order made against the person is guilty of an
offence.
Maximum penalty: 50 penalty units or imprisonment for 2 years,
or both.
(2) A person is not guilty of an offence against subsection (1) unless:
(a) the person was served under section 562ZZA with a copy
of the order concerned or was present in court when the
order was made, or
(b) in the case of a telephone interim order--the person was
served with the order or a copy of the order under section
562V.
(3) A person is not guilty of an offence against subsection (1) if the
contravention of the prohibition or restriction concerned:
(a) was necessary in order to attend mediation under section
562N, or
(b) was done in compliance with the terms of a property
recovery order.
(4) Unless the court otherwise orders, a person who is convicted of
an offence against subsection (1) must be sentenced to a term of
imprisonment if the act constituting the offence was an act of
violence against a person.
(5) Subsection (4) does not apply if the person convicted was under
18 years of age at the time of the alleged offence.
(6) Where the court determines not to impose a sentence of
imprisonment, it must give its reasons for not doing so.
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(7) A police officer is to make a written record of the reasons for:
(a) a decision by the police officer not to initiate criminal
proceedings against a person for an alleged contravention
of subsection (1) (whether or not the person is arrested), or
(b) a decision by the police officer not to proceed with
criminal proceedings against a person for an alleged
contravention of subsection (1),
if the police officer or another police officer suspects on
reasonable grounds that the person has committed an offence
against subsection (1) or if an alleged contravention of subsection
(1) by the person has been reported to the police officer or another
police officer.
(8) A person is not guilty of an offence of aiding, abetting,
counselling or procuring the commission of an offence against
subsection (1) if the person is a protected person under the order
concerned.
Note. The Law Enforcement (Powers and Responsibilities) Act 2002
contains powers of police officers in relation to suspected offences,
including a power to arrest a person, without warrant, if the police officer
suspects on reasonable grounds that a person has committed an
offence.
Division 6 Measures for protection of children and
others in proceedings
562ZH Measures to protect children in AVO proceedings
(1) This section applies to the following proceedings or part of
proceedings:
(a) proceedings in which an order is sought or proposed to be
made for the protection of a child,
(b) proceedings in relation to an application for the variation
or revocation of an order if the protected person or one of
the protected persons is a child,
(c) any part of proceedings in which an order is sought or
proposed to be made in which a child appears as a witness,
(d) any part of proceedings in relation to an application for the
variation or revocation of an order in which a child appears
as a witness.
(2) Proceedings or any part of proceedings to which this section
applies are to be heard in the absence of the public unless the
court hearing the proceedings otherwise directs.
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(3) Even if proceedings or a part of proceedings to which this section
applies are open to the public, the court hearing the proceedings
may direct any person (other than a person who is directly
interested in the proceedings) to leave the place where the
proceedings are being heard during the examination of any
witness.
(4) In any proceedings referred to in subsection (1) (a), (b), (c) or (d),
a child should not be required to give evidence in any manner
about a matter unless the court is of the opinion that it is in the
interests of justice for the child to do so.
(5) If a child is required to give evidence under this section, the
evidence should be required to be given only in accordance with
Parts 3 and 4 of the Evidence (Children) Act 1997.
(6) For the purposes of subsection (5), Part 3 of the Evidence
(Children) Act 1997 applies to proceedings in relation to an
application for an apprehended violence order, or a variation or
revocation of such an order, in the same way as it applies to
criminal proceedings.
562ZI Evidence given in cases where certain sexual offences involved
Section 294B of the Criminal Procedure Act 1986 applies to the
giving of evidence in any proceedings under this Part by a
protected person (in the same way as that section applies to the
giving of evidence in criminal proceedings) if:
(a) the defendant in the proceedings is a person who is charged
with a prescribed sexual offence within the meaning of that
Act, and
(b) the protected person is the alleged victim of the offence.
562ZJ Publication of names and identifying information about children
under 16 involved in AVO proceedings
(1) The name of a child:
(a) for whose protection or against whom an order is sought in
any relevant proceedings, or
(b) who appears, or is reasonably likely to appear, as a witness
before a court in any relevant proceedings, or
(c) who is, or is reasonably likely to be, mentioned or
otherwise involved in any relevant proceedings,
must not be published or broadcast before the proceedings are
commenced or after the proceedings have been commenced and
before they are disposed of.
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(2) A person who publishes or broadcasts the name of a child in
contravention of subsection (1) is guilty of an offence.
Maximum penalty: 200 penalty units or imprisonment for a
period not exceeding 2 years, or both (in the case of an
individual) or 2,000 penalty units (in the case of a corporation).
(3) Subsection (1) does not prohibit:
(a) the publication or broadcasting of an official report of the
proceedings of a court that includes the name of any child
the publication or broadcasting of which would otherwise
be prohibited by subsection (1), or
(b) the publication or broadcasting of the name of a child with
the consent of the court.
(4) For the purposes of this section, a reference to the name of a child
includes a reference to any information, picture or other material:
(a) that identifies the child, or
(b) that is likely to lead to the identification of the child.
(5) The offence created by this section is an offence of strict liability.
(6) In this section:
court includes the registrar of a Local Court or the Registrar of
the Children's Court.
relevant proceedings means proceedings in or before a court
under this Part for or relating to an apprehended violence order.
562ZK Publication of names and identifying information about other
persons involved in ADVO proceedings
(1) A court may direct that the name of a person (other than a child
to whom section 562ZJ applies):
(a) for whose protection or against whom an order is sought in
any relevant proceedings, or
(b) who appears, or is reasonably likely to appear, as a witness
before a court in any relevant proceedings, or
(c) who is, or is reasonably likely to be, mentioned or
otherwise involved in any relevant proceedings,
must not be published or broadcast before the proceedings are
commenced or after the proceedings have been commenced and
before they are disposed of.
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(2) A person who publishes or broadcasts the name of a person in
contravention of a direction under subsection (1) is guilty of an
offence.
Maximum penalty: 200 penalty units or imprisonment for a
period not exceeding 2 years, or both (in the case of an
individual) or 2,000 penalty units (in the case of a corporation).
(3) Subsection (1) does not prohibit:
(a) the publication or broadcasting of an official report of the
proceedings of a court that includes the name of any person
the publication or broadcasting of which would otherwise
be prohibited by subsection (1), or
(b) the publication or broadcasting of the name of a person
with the consent of the person or of the court.
(4) For the purposes of this section, a reference to the name of a
person includes a reference to any information, picture or other
material:
(a) that identifies the person, or
(b) that is likely to lead to the identification of the person.
(5) The offence created by this section is an offence of strict liability.
(6) A court may vary or revoke a direction given by a court under this
section. However, only the District Court may vary or revoke a
direction given by the District Court.
(7) Nothing in this section affects section 562ZJ.
(8) In this section:
court includes the registrar of a Local Court or the Registrar of
the Children's Court.
relevant proceedings means proceedings in or before a court
under this Part for or relating to an apprehended domestic
violence order.
562ZL Non-inclusion of protected person's residential address in ADVO
(1) The address at which the protected person resides, or intends to
reside, must not be stated in an apprehended domestic violence
order (or an order relating to such an order), unless the court is
satisfied that:
(a) the defendant knows the address, or
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(b) it is necessary to state the address in order to achieve
compliance with the order and the personal safety of the
protected person would not be seriously threatened, or
damage would not be likely to be caused to any property of
the protected person, by stating the address, or
(c) where the protected person is of or above the age of 16
years--the protected person consents to the address being
stated in the order.
(2) In this section, court includes the registrar of a Local Court or the
Registrar of the Children's Court.
562ZM Non-inclusion of health care provider's residential address in
APVO
(1) The address at which a protected health care provider resides, or
intends to reside, must not be stated in an apprehended personal
violence order (or an order relating to such an order), unless the
court is satisfied that:
(a) the defendant knows the address, or
(b) it is necessary to state the address in order to achieve
compliance with the order and the personal safety of the
protected health care provider would not be seriously
threatened, or damage would not be likely to be caused to
any property of the protected health care provider, by
stating the address, or
(c) the protected health care provider consents to the address
being stated in the order.
(2) If the address at which a protected health care provider resides or
intends to reside must not be stated in an order because of
subsection (1), the address at which the protected health care
provider ordinarily provides health care services is to be stated
instead in the order.
(3) In this section, court includes the registrar of a Local Court or the
Registrar of the Children's Court.
562ZN Right to presence of supportive person
(1) In this section, party to a proceeding in relation to an application
relating to an order means the person for whose protection the
order is sought or the defendant, but does not include a child to
whom section 27 of the Evidence (Children) Act 1997 applies in
relation to the proceeding.
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(2) A party to a proceeding in relation to an application relating to an
order who gives evidence in the proceeding is entitled to choose
a person whom the party would like to have present near him or
her when giving evidence.
(3) Without limiting a party's right to choose such a person, that
person:
(a) may be a parent, guardian, relative, friend or support
person of the party, and
(b) may be with the party as an interpreter, for the purpose of
assisting the party with any difficulty in giving evidence
associated with a disability, or for the purpose of providing
the party with other support.
(4) To the extent that the court considers it reasonable to do so, the
court must make whatever direction is appropriate to give effect
to a party's decision to have such a person present near the party,
and within the party's sight, when the party is giving evidence.
(5) The court may permit more than one support person to be present
with the party if the court thinks that it is in the interests of justice
to do so.
562ZO Consideration of contact with children
(1) A person who applies for, or for a variation of, an apprehended
violence order must inform the court of:
(a) any relevant parenting order of which the person is aware,
or
(b) any pending application for a relevant parenting order of
which the person is aware.
The court is required to inform the applicant of the obligation of
the applicant under this subsection.
(2) In deciding whether or not to make or vary an apprehended
violence order, the court is to consider the safety and protection
of the protected person and any child directly or indirectly
affected by domestic or personal violence.
(3) Without limiting subsection (2), in deciding whether or not to
make or vary an apprehended violence order, the court is to:
(a) consider whether contact between the protected person, or
between the defendant, and any child of either of those
persons is relevant to the making or variation of the order,
and
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(b) have regard to any relevant parenting order of which the
court has been informed.
(4) An apprehended violence order, or a variation of such an order,
is not invalid merely because of a contravention of this section.
(5) In this section:
apprehended violence order includes an interim order under
section 562ZA, but does not include a telephone interim order.
relevant parenting order means a parenting order (within the
meaning of Division 5 of Part VII of the Family Law Act 1975 of
the Commonwealth) that relates to contact between the protected
person, or between the defendant, and any child of either of those
persons.
Division 7 Proceedings relating to apprehended
violence orders (other than telephone interim
orders)
Subdivision 1 Preliminary
562ZP Application of Division
This Division does not apply to telephone interim orders.
Subdivision 2 Applications for orders
562ZQ Making of application for order
(1) An application for an order is to be made in accordance with Part
6 of the Local Courts Act 1982.
(2) An application for an order may be made only by:
(a) a person for whose protection the order would be made, or
(b) a police officer.
(3) Despite subsection (2), only a police officer may make an
application for an order if the person for whose protection the
order would be made is a child at the time of the application.
(4) An application for an order may be made by or on behalf of more
than one person.
(5) The time within which an application for an order may be made
is not limited by section 44 of the Local Courts Act 1982.
(6) A court may deal with an application even though the court has
only a facsimile transmission or other copy of the application.
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(7) An applicant for an order who is 16 years of age or over, but
under 18 years of age, has full capacity to make the application
and to apply for a variation or revocation of the order.
562ZR Circumstances in which police must make application for order
(1) An application must be made for an order if a police officer
investigating the matter concerned suspects or believes that:
(a) a domestic violence offence or an offence against section
545AB has recently been or is being committed, or is
imminent, or is likely to be committed, against the person
for whose protection an order would be made, or
(b) an offence under section 227 (Child and young person
abuse) of the Children and Young Persons (Care and
Protection) Act 1998 (but only in relation to a child) has
recently been or is being committed, or is imminent, or is
likely to be committed, against the person for whose
protection an order would be made, or
(c) proceedings have been commenced against a person for an
offence referred to in paragraph (a) or (b) against the
person for whose protection an order would be made.
(2) The application may be made by any police officer.
(3) An application need not be made in the circumstances referred to
in subsection (1) if an order (including a telephone interim order)
is already in force for the protection of the person concerned or if
an application has been made under Subdivision 1 of Division 4
for a telephone interim order for the protection of the person.
(4) An application need not be made in the circumstances referred to
in subsection (1) if the person for whose protection an order
would be made is at least 16 years of age at the time and the
police officer investigating the matter believes:
(a) that the person intends to make the application, or
(b) that there is good reason not to make the application.
(5) However, if the police officer investigating the matter believes
that there is good reason not to make the application, the police
officer must make a written record of the reason.
(6) For the purposes of subsection (4), the reluctance of the person to
make an application does not, on its own, constitute a good
reason for a police officer not to make an application if the police
officer reasonably believes that:
(a) the person has been the victim of violence or there is a
significant threat of violence to the person, or
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(b) the person has an intellectual disability and has no
guardian.
562ZS Non-inclusion of protected person's residential address in
application for ADVO
The address at which the protected person resides must not be
stated in an application for an apprehended domestic violence
order (or the application for an order relating to such an order),
unless:
(a) where the protected person is of or above the age of 16
years--the protected person consents to the address being
included in the application, or
(b) where the application is made by a police officer--the
police officer is satisfied that the defendant knows the
address.
562ZT Non-inclusion of health care provider's residential address in
application for APVO
(1) The address at which a protected health care provider resides
must not be stated in any application for or relating to an
apprehended personal violence order unless:
(a) the protected health care provider consents to the address
being included in the application, or
(b) if the application is made by a police officer--the police
officer is satisfied that the defendant knows the address.
(2) If the address at which a protected health care provider resides or
intends to reside must not be stated in an application because of
subsection (1), the address at which the protected health care
provider ordinarily provides health care services is to be stated
instead in the application.
Subdivision 3 Ancillary provisions relating to making of
orders
562ZU Order must be made on guilty plea or guilt finding for certain
offences
(1) If a person pleads guilty to, or is found guilty of, an offence
against section 545AB or a domestic violence offence, the court
hearing the proceedings must make an order for the protection of
the person against whom the offence was committed, as if an
application for an order had been made.
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(2) However, the court need not make an order under this Part if it is
satisfied that it is not required (for example, because an order has
already been made against the person).
(3) A reference in this section to a court extends to the District Court
when exercising jurisdiction apart from under section 562ZZP.
(4) A reference in this section to a finding of guilt includes a
reference to the making of an order under section 10 of the
Crimes (Sentencing Procedure) Act 1999.
562ZV Order must be made on charge for certain offences
(1) When a person stands charged before a court with an offence that
appears to the court to be an offence against section 545AB or a
domestic violence offence, the court must make an interim
apprehended violence order under section 562ZA against the
defendant for the protection of the person against whom the
offence appears to have been committed, as if an application for
such an order had been made in accordance with Subdivision 2.
(2) If an interim order is made by the court, the court is to summon
the defendant to appear at a further hearing of the matter on the
determination of the charge against the person (instead of as soon
as practicable after the order is made, as required by section
562ZA (5) (a)).
(3) However, the court need not make an order under this section if
it is satisfied that it is not required (for example, because an order
has already been made against the person).
(4) A reference in this section to a court extends to the District Court
when exercising jurisdiction apart from under section 562ZZP.
562ZW Orders made with consent of parties
(1) A court may make an apprehended violence order under Division
2 or 3, or an interim apprehended violence order under
Subdivision 2 of Division 4, without being satisfied as to the
matters that are prerequisites to the making of those orders under
those provisions if the protected person and the defendant
consent to the making of the order.
(2) Such an order may be made whether or not the defendant admits
to any or all of the particulars of the application.
(3) Before making such an order, the court may conduct a hearing in
relation to the particulars of the application only if:
(a) the order to be made by the court is final (that is, the order
is not an interim apprehended violence order), and
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(b) the court is of the opinion that the interests of justice
require it to conduct the hearing.
562ZX Order can also protect persons with whom person seeking
protection has a domestic relationship
(1) The power of a court under this Part to make an order for the
protection of a person extends to authorise the making of an order
for the protection of a person with whom the person for whose
protection the order was sought has a domestic relationship.
(2) Without limiting subsection (1), an order may be made for the
protection of a child with whom the person for whose protection
the order was sought has a domestic relationship even though an
application for the order was not made by a police officer.
562ZY Duration of final court orders
(1) An order (other than an interim order) remains in force for such
period as is specified in the order by the court.
(2) The period specified in the order by the court is to be as long as
is necessary, in the opinion of the court, to ensure the safety and
protection of the protected person.
(3) If the court fails to specify a period in the order, the order remains
in force for a period of 12 months after the date that the order is
made.
562ZZ Explanation of order
(1) A court that makes an order must explain to the defendant and the
protected person (if either of them is present at the time the order
is made):
(a) the effect of the order (including any prohibitions and
restrictions imposed by the order), and
(b) the consequences that may follow from a contravention of
the order, and
(c) the rights of the defendant and the protected person in
relation to the order.
(2) A court that makes an order is also to cause a written explanation
of the matters required to be explained under this section to be
given to the defendant and protected person.
(3) In so far as it is reasonably practicable to do so, an explanation
under this section is to be given in a language that is likely to be
readily understood by the person being given the explanation.
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(4) A failure to comply with this section in relation to an order does
not affect the validity of the order.
562ZZA Service of copy of order
(1) The registrar of a court that makes an order is to prepare a written
copy of the order.
(2) The registrar of the court is to serve a copy of the order personally
on the defendant if the defendant is present in court.
(3) If the defendant is not present at the time the order is made, the
registrar is to arrange for a copy of the order to be served
personally on the defendant by a police officer or such other
person as the registrar thinks fit.
(4) If the defendant is present at the time the order is made but the
registrar is unable to serve a copy of the order personally on the
defendant, the registrar is to arrange for a copy of the order to be
sent by post to the defendant or to such other person as the
registrar thinks fit.
(5) Service on the defendant of the copy of the order concerned may
be effected in such other manner as the court directs.
(6) The registrar of the court is to cause a copy of the order and a
copy of any application for an order to be forwarded to the
Commissioner of Police and (unless it is impracticable or
unnecessary to do so) to be given to or sent by post to each
protected person.
(7) The Commissioner of Police is to make a record of the details of
the material forwarded to the Commissioner under this section
and is to retain that record for at least 10 years after the order to
which it relates ceases to be in force.
562ZZB Concurrent criminal proceedings
A court may make an order against a defendant even though
proceedings have been commenced against the defendant for an
offence arising out of the same conduct as that out of which the
application for the order arose.
Subdivision 4 Variation or revocation of orders
562ZZC Application for variation or revocation of orders
(1) An application may, at any time, be made to a court for the
variation or revocation of an order.
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(2) An application for variation or revocation may be made only by:
(a) the protected person (whether or not the protected person
made the application for the original order) or, if there is
more than one protected person, by one or more of the
protected persons, or
(b) a police officer, or
(c) the defendant.
(3) Despite subsection (2), an application for variation or revocation
of an order must be made by a police officer if the protected
person or one of the protected persons under the order is a child
at the time of the application.
(4) The application must set out the grounds on which the application
is made and, in the case of a variation, the nature of the variation
sought. This subsection does not limit the powers of the court.
562ZZD Variation or revocation of orders
(1) The court may, if satisfied that in all the circumstances it is proper
to do so, vary or revoke an order.
(2) In particular, an order may be varied under this section in any one
or more of the following ways:
(a) by extending or reducing the period during which the order
is to remain in force,
(b) by amending or deleting any prohibitions or restrictions
specified in the order,
(c) by specifying additional prohibitions or restrictions in the
order.
(3) The court may decline to hear an application for variation or
revocation of an order if the court is satisfied that there has been
no change in the circumstances on which the making of the order
was based and that the application is in the nature of an appeal
against the order.
(4) An order is not to be varied or revoked on the application of the
defendant unless notice of the application has been served on
each protected person to whom the order relates.
(5) An order is not to be varied or revoked on the application of the
applicant for the original order or protected person unless notice
of the application has been served on the defendant.
(6) Notice of an application must be served personally or in such
other manner as the court hearing the application directs.
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(7) Despite subsection (5), the court may make an order extending
the period during which the order is to remain in force without
notice of the relevant application having been served on the
defendant, if the applicant lodged the application before the day
on which the order is due to expire.
(8) Unless sooner revoked, an order extended under subsection (7)
ceases to have effect 21 days after it is made or on an earlier date
specified in the order. However, further orders may be made from
time to time under that subsection before the order ceases to have
effect.
562ZZE Variation or revocation of orders where more than one protected
person
(1) This section applies to an order if there is more than one protected
person under the order.
(2) An order to which this section applies may be varied or revoked
in its application to all of the protected persons or in relation to
any one or more of the protected persons.
(3) If an application for variation or revocation of an order to which
this section applies is made by one of the protected persons under
the order, none of the other protected persons can be the subject
of the variation or revocation unless the court is satisfied that he
or she is at least 16 years of age and has consented to the variation
or revocation.
Note. Section 562ZZC (3) provides that a police officer only may apply
for the variation or revocation of an order where one of the protected
persons under the order is a child.
562ZZF Variation may be made on guilty plea or guilt finding for certain
offences
(1) If a person pleads guilty to, or is found guilty of, an offence
against section 545AB or a domestic violence offence, the court
may vary an order for the purpose of providing greater protection
for the person against whom the offence was committed, as if an
application to vary an apprehended violence order had been made
under this Subdivision.
(2) A reference in this section to a court extends to the District Court
when exercising jurisdiction apart from under section 562ZZP.
(3) A reference in this section to a finding of guilt includes a
reference to the making of an order under section 10 of the
Crimes (Sentencing Procedure) Act 1999.
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562ZZG Explanation of variation
(1) A court that varies an order must explain to the defendant and the
protected person (if either of them is present at the time the order
is made):
(a) the effect of the variation, and
(b) the consequences that may follow from a contravention of
the order as varied.
(2) A court that varies an order is also to cause a written explanation
of the matters required to be explained under this section to be
given to the defendant and protected person.
(3) In so far as it is reasonably practicable to do so, an explanation
under this section is to be given in a language that is likely to be
readily understood by the person being given the explanation.
(4) A failure to comply with this section in relation to a variation of
an order does not affect the validity of the variation.
562ZZH Service of copy of variation or revocation of order
(1) The registrar of a court that varies or revokes an order is to
prepare a written record of the variation or revocation.
(2) The registrar of the court is to serve a copy of the record of the
variation or revocation of the order personally on the defendant if
the defendant is present in court.
(3) If the defendant is not present at the time the variation or
revocation is made, the registrar is to arrange for a copy of the
record to be served personally on the defendant by a police
officer or such other person as the registrar thinks fit.
(4) If the defendant is present at the time the variation or revocation
is made but the registrar is unable to serve a copy of the record
personally on the defendant, the registrar is to arrange for a copy
of the order to be sent by post to the defendant or to such other
person as the registrar thinks fit.
(5) Service on the defendant of the copy of the record concerned may
be effected in such other manner as the court directs.
(6) The registrar of the court is to cause a copy of the record of the
variation or revocation of an order and a copy of any application
for the variation or revocation of an order to be forwarded to the
Commissioner of Police and (unless it is impracticable or
unnecessary to do so) to be given to or sent by post to each
protected person.
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(7) The Commissioner of Police is to make a record of the details of
the material forwarded to the Commissioner under this section
and is to retain that record for at least 10 years after the order to
which it relates ceases to be in force.
Subdivision 5 Miscellaneous provisions
562ZZI Warrant for arrest of defendant in apprehended violence order
matters
(1) If an application for an apprehended violence order is made, an
authorised officer may issue a warrant for the arrest of the
defendant.
(2) The authorised officer may issue a warrant for the arrest of the
defendant even though the defendant is not alleged to have
committed an offence.
(3) The authorised officer must issue a warrant for the arrest of the
defendant if it appears to the authorised officer that the personal
safety of the person for whose protection the order is sought will
be put at risk unless the defendant is arrested for the purpose of
being brought before the court.
(4) A warrant may not be executed more than 12 months after the
date on which it is issued, unless the court otherwise orders
before the end of the 12-month period.
562ZZJ Detention of defendant for service of order or variation
(1) A police officer who reasonably suspects that a person is the
defendant in relation to an order may direct the person to remain
where the person is for the purpose only of serving on the person
a copy of the order, or a variation of the order, that is required to
be served personally under this Act.
(2) If the person refuses to remain, the police officer may arrest and
detain the person at the same place, or arrest and take the person
to a police station and there detain the person, for the purpose
only of serving the document concerned on the person.
562ZZK Arrangements regarding classification of orders
(1) If a court is at any time unable to determine under which of
Divisions 2 and 3 an apprehended violence order should be made,
it may make the order under whichever Division it thinks fit.
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(2) If a court is at any time unable to determine under which of
Divisions 2 and 3 an apprehended violence order was or should
have been made, it may treat the order as having been made under
whichever Division it thinks fit.
(3) If an apprehended violence order is made or treated as having
been made under either Division 2 or 3 but should have been
made under the other Division, the order is not invalid on that
ground and is taken to have been made under the other Division.
562ZZL Application of Bail Act 1978
If an application for an order is made, the Bail Act 1978 applies
to the defendant as if:
(a) where the defendant is arrested pursuant to a warrant
issued under this Part or first appears before a court in
answer to a direction to appear given under this Part--the
defendant were an accused person charged with an
offence, and
(b) proceedings in respect of the application or order were
proceedings in respect of an offence to which section 8 of
the Bail Act 1978 applies.
562ZZM Costs
(1) Subject to this section:
(a) a court may, in proceedings under this Part, award costs to
the applicant for the order or decision concerned or the
defendant, and
(b) such costs are to be determined in accordance with
Division 4 of Part 2 of Chapter 4 of the Criminal
Procedure Act 1986.
(2) A court is not to award costs against an applicant who is the
person for whose protection an apprehended domestic violence
order is sought unless satisfied that the application was frivolous
or vexatious.
(3) A court is not to award costs against a police officer who makes
an application unless satisfied that the police officer made the
application knowing it contained matter that was false or
misleading in a material particular.
(4) Subsections (2) and (3) have effect despite any other Act or law.
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(5) The following provisions have effect in relation to the District
Court:
(a) subsection (1) applies to the District Court only when it is
exercising original jurisdiction under section 562ZZQ,
(b) Division 4 of Part 2 of Chapter 4 of the Criminal
Procedure Act 1986, in its application to the District Court
when exercising that jurisdiction, applies to the District
Court in the same way as it applies to a Local Court (and
with any prescribed modifications),
(c) this section does not affect the operation of any provisions
of the Criminal Procedure Act 1986 or any other Act or
law relating to the payment of costs in proceedings in an
appeal to the District Court.
Division 8 Appeals
562ZZN Review and appeal provisions concerning making, variation or
revocation of apprehended violence orders
(1) A defendant may make an application under Part 2 of the Crimes
(Local Courts Appeal and Review) Act 2001 for the annulment of
an apprehended violence order made by a Local Court or the
Children's Court in the same way as a defendant may make an
application under that Part for the annulment of a conviction or
sentence arising from a court attendance notice dealt with under
Part 2 of Chapter 4 of the Criminal Procedure Act 1986.
(2) A defendant may appeal to the District Court under Part 3 of the
Crimes (Local Courts Appeal and Review) Act 2001 against an
apprehended violence order made by a Local Court or the
Children's Court in the same way as a defendant may make an
application under that Part against a conviction or sentence
arising from a court attendance notice dealt with under Part 2 of
Chapter 4 of the Criminal Procedure Act 1986.
(3) In the case of an apprehended violence order made with the
consent of the person against whom the order is made, an appeal
referred to in subsection (2) may be made only by leave of the
District Court.
(4) An applicant for an order or a defendant may appeal to the
District Court under Part 3 of the Crimes (Local Courts Appeal
and Review) Act 2001 against the awarding of costs under section
562ZZM in the same way as a defendant may make an
application under that Part against a conviction or sentence
arising from a court attendance notice dealt with under Part 2 of
Chapter 4 of the Criminal Procedure Act 1986.
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(5) A party to an apprehended violence order may appeal to the
District Court under Part 3 of the Crimes (Local Courts Appeal
and Review) Act 2001 against any decision of a Local Court or the
Children's Court:
(a) to vary or revoke the apprehended violence order, or
(b) to refuse to vary or revoke the apprehended violence order,
in the same way as a defendant may make an application under
that Part against a conviction or sentence arising from a court
attendance notice dealt with under Part 2 of Chapter 4 of the
Criminal Procedure Act 1986.
(6) The Crimes (Local Courts Appeal and Review) Act 2001 applies
to an application or appeal arising under this section with such
modifications as are made by or in accordance with the
regulations under that Act.
(7) For the purposes of this section and the Crimes (Local Courts
Appeal and Review) Act 2001, an order made by the registrar of
a Local Court or the Registrar of the Children's Court is taken to
have been made by the Local Court or Children's Court, as the
case requires.
(8) In this section, party to an apprehended violence order means:
(a) the protected person (whether or not the applicant), but
only if the protected person is of or above the age of 16
years, or
(b) if the applicant was a police officer, that or any other police
officer, or
(c) the defendant or respondent.
(9) Section 64 of the Local Courts Act 1982 does not apply to an
application notice under Part 6 of that Act in relation to any
matter for which jurisdiction is conferred on a court by this Part.
562ZZO Presumption against stay of order
(1) The lodging of a notice of appeal under section 562ZZN does not
have the effect of staying the operation of the order concerned.
(2) The original court may, on application by the defendant, stay the
operation of the order, if satisfied that it is safe to do so, having
regard to the need to ensure the safety and protection of the
protected person or any other person.
(3) A stay on the operation of the order continues until the appeal is
finally determined, subject to any order or direction of the
District Court.
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(4) This section has effect despite section 562ZZN of this Act and
section 63 of the Crimes (Local Courts Appeal and Review) Act
2001.
(5) A stay on the operation of the order does not have effect if the
appellant is in custody when the appeal is made, unless and until
the appellant enters into a bail undertaking in accordance with the
Bail Act 1978, or bail is dispensed with. In the application of the
Bail Act 1978 to the appellant, the appellant is taken to be an
accused person who, because of the prohibitions and restrictions
imposed by the order, is in custody.
(6) In this section:
original court, in relation to an order, means:
(a) a Local Court, if the order was made by a Local Court or
the registrar of a Local Court, or
(b) the Children's Court, if the order was made by the
Children's Court or the Registrar of the Children's Court.
Division 9 Jurisdiction of courts
562ZZP Courts authorised to make orders and determine applications
(1) The following courts have jurisdiction (in the circumstances
specified) to make orders and determine applications under this
Part:
(a) a Local Court--except where the defendant is less than 18
years of age at the time the application is made,
(b) the Children's Court--where the defendant is less than 18
years of age at the time the application is made,
(c) the District Court--where an application by or on behalf of
the person for whose protection an order is sought has been
dismissed by a Local Court or the Children's Court.
(2) A Local Court has jurisdiction to vary or revoke an order made
by it or any other court (except where the defendant is less than
18 years of age at the time the application for the variation or
revocation is made).
(3) The Children's Court has jurisdiction to vary or revoke an order
made by it irrespective of the age of the defendant at the time the
application for variation or revocation is made.
(4) An order made by a Local Court for the purposes of this Part is
not invalid on the ground that it was made in the mistaken belief
that the defendant was of or above 18 years of age at the time the
application was made.
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(5) This section does not apply to telephone interim orders.
562ZZQ Jurisdiction of District Court to issue AVO following dismissal of
application by Local Court or Children's Court
(1) The District Court has original jurisdiction to issue an
apprehended violence order, where an application by or on behalf
of the person for whose protection an order has been sought has
been dismissed by a Local Court or the Children's Court.
(2) An application by or on behalf of a person for whose protection
an order is sought from the District Court must be made within
28 days after the date a Local Court or the Children's Court
dismissed the earlier application.
(3) The District Court may, without further hearing, admit in
evidence any evidence that was admitted in the proceedings
before the Local Court or Children's Court.
(4) Further evidence may be given, but only with the leave of the
District Court.
(5) The District Court has jurisdiction to vary or revoke an order
made by it.
(6) The rules of the District Court may make provision for or with
respect to the procedure to be followed in respect of proceedings
in the District Court for an order (including the variation or
revocation of an order).
562ZZR Jurisdiction of District Court under this Part
The jurisdiction conferred on the District Court by this Part is
conferred on the Court in its criminal jurisdiction.
Division 10 Registration of external protection orders
562ZZS Definitions
In this Division:
appropriate court, in relation to an external protection order,
means:
(a) a Local Court if the person against whom the order has
been made is 18 or more years of age, or
(b) the Children's Court if the person against whom the order
has been made is less than 18 years of age,
on the day on which an application is made under this Division
for the registration of the order.
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external protection order means an order made by a court of
another State or Territory or New Zealand that has been made to
prevent a person from acting in a manner specified in section
562G or 562K, and includes an order made by such a court that
is of a kind prescribed by the regulations.
registered external protection order means an external
protection order registered under this Division.
562ZZT Application for registration of external protection order
(1) A person may apply to the registrar of the appropriate court for
the registration of an external protection order.
(2) An application is:
(a) to be made in a form approved by the registrar of the
appropriate court, and
(b) to be accompanied by a copy of the external protection
order, and
(c) to be accompanied by such evidence of effective service of
the external protection order on the person against whom
it has been made as the registrar considers appropriate.
562ZZU Registration of external protection order
(1) On receipt of an application under section 562ZZT, the registrar
of the appropriate court must:
(a) register the external protection order to which the
application relates, or
(b) refer the external protection order to a Magistrate (or a
Children's Magistrate if the appropriate court is the
Children's Court) for adaptation or modification.
(2) On the referral of an external protection order, the Magistrate or
Children's Magistrate may do either or both of the following:
(a) vary the period during which the order has effect in its
operation in New South Wales,
(b) make such other adaptations or modifications to the order
as the Magistrate or Children's Magistrate considers
necessary or desirable for its effective operation in New
South Wales.
(3) The registrar of the appropriate court must register an external
protection order which has been adapted or modified under
subsection (2).
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(4) On registering an external protection order, the registrar of the
appropriate court must provide the Commissioner of Police with
a copy of the registered external protection order.
(5) Notice of the registration of an external protection order is not to
be served on the person against whom the order has been made
unless the person who applied for that registration has consented
to that service.
(6) A registered external protection order is registered for the period
during which the order, or the order as adapted or modified, is in
force.
562ZZV Effect of registration of external protection order
(1) An external protection order which has been registered under
section 562ZZU:
(a) has the same effect as an order made under this Part, and
(b) may be enforced against a person as if it were an order
which had been made under this Part and as if a copy of the
order had been served on that person in accordance with
section 562ZZA.
(2) The variation or revocation of an external protection order by a
court of the State, Territory or country in which it was made after
the order has been registered under section 562ZZU has no effect
in New South Wales.
(3) An external protection order that has been registered under
section 562ZZU (and anything done to effect the registration of
the order) is not invalid on the ground that the order has, due to
the age of the defendant at the time the application was made,
been registered in the wrong court.
562ZZW Variation etc of registered external protection orders
(1) In this section, prescribed person means:
(a) a person for whose protection a registered external
protection order has been made, or
(b) a person against whom a registered external protection
order has been made, or
(c) a police officer, or
(d) a person whom the appropriate court in which the external
protection order has been registered has granted leave to
make an application under this section.
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(2) A prescribed person may apply to the appropriate court for one or
more of the following:
(a) the variation of a registered external protection order as it
applies in New South Wales,
(b) the extension or reduction of the period during which a
registered external protection order has effect in its
operation in New South Wales,
(c) the revocation of the registration of a registered external
protection order.
(3) The appropriate court may determine the application by doing
one or more of the following:
(a) by varying the order as it applies in New South Wales,
(b) by extending or reducing the period during which the order
has effect in its operation in New South Wales,
(c) by revoking the registration.
(4) A registered external protection order is not to be varied or
revoked on the application of a person referred to in subsection
(1) (a), (c) or (d) unless notice of the application has been served
on the person against whom the order has been made.
(5) A registered external protection order is not to be varied or
revoked on the application of the person against whom the order
has been made unless notice of the application has been served on
the person for whose protection the order has been made.
(6) Notice of an application is to be served personally or in such other
manner as the appropriate court hearing the application directs.
(7) A registered external protection order varied under subsection (3)
(a) or (b) is registered for the period during which the order, as
varied, has effect in its operation in New South Wales.
Division 11 Miscellaneous
562ZZX Parts 2 and 3 of Crimes (Local Courts Appeal and Review) Act 2001
Except as expressly provided by this Part, nothing in this Part
affects the operation that Parts 2 and 3 of the Crimes (Local
Courts Appeal and Review) Act 2001 would have if this Part had
not been enacted.
Page 49
Crimes Amendment (Apprehended Violence) Bill 2006
Schedule 2 Consequential amendments to Crimes Act 1900
Schedule 2 Consequential amendments to Crimes
Act 1900
(Section 3)
[1] Section 4 Definitions
Omit the definitions of Domestic violence offence and Personal violence
offence from section 4 (1).
[2] Section 4 (6)
Omit the subsection.
[3] Section 4 (8)
Insert after section 4 (7):
(8) Notes included in this Act do not form part of this Act.
[4] Section 60B Actions against third parties connected with law
enforcement officers
Omit section 60B (6). Insert instead:
(6) In this section, domestic relationship has the same meaning as in
section 562B.
[5] Section 545AB
Insert after section 545A:
545AB Stalking or intimidation with intent to cause fear of physical or
mental harm
(1) A person who stalks or intimidates another person with the
intention of causing the other person to fear physical or mental
harm is liable to imprisonment for 5 years, or to a fine of 50
penalty units, or both.
(2) For the purposes of this section, causing a person to fear physical
or mental harm includes causing the person to fear physical or
mental harm to another person with whom he or she has a
domestic relationship.
(3) For the purposes of this section, a person intends to cause fear of
physical or mental harm if he or she knows that the conduct is
likely to cause fear in the other person.
(4) For the purposes of this section, the prosecution is not required to
prove that the person alleged to have been stalked or intimidated
actually feared physical or mental harm.
Page 50
Crimes Amendment (Apprehended Violence) Bill 2006
Consequential amendments to Crimes Act 1900 Schedule 2
(5) For the purpose of determining whether a person's conduct
amounts to intimidation, a court may have regard to any pattern
of violence (especially violence constituting a domestic violence
offence) in the person's behaviour.
(6) In this section, domestic relationship, intimidation and stalking
have the same meanings as in Part 15A.
[6] Eleventh Schedule Savings and transitional provisions
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Crimes Amendment (Apprehended
Violence) Act 2006
Definitions
In this Part:
amending Act means the Crimes Amendment (Apprehended
Violence) Act 2006.
commencement means the day on which new Part 15A
commences.
new Part 15A means Part 15A as inserted by the amending Act.
old Part 15A means Part 15A as in force before its substitution
by the amending Act.
Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the amending
Act.
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the amending Act or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than
the State or an authority of the State), the rights of that
person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
omitted to be done before the date of its publication.
Page 51
Crimes Amendment (Apprehended Violence) Bill 2006
Schedule 2 Consequential amendments to Crimes Act 1900
Existing apprehended violence orders
(1) An apprehended domestic violence order (including an interim
order) made under the old Part 15A and in force immediately
before the commencement is taken to have been made under the
new Part 15A.
(2) An apprehended personal violence order (including an interim
order) made under the old Part 15A and in force immediately
before the commencement is taken to have been made under the
new Part 15A.
(3) Despite subclauses (1) and (2), section 562H (9)-(10) of the old
Part 15A continue to apply in relation to a telephone interim order
made under the old Part 15A and in force immediately before the
commencement.
(4) An external protection order registered under Division 3 of the
old Part 15A is taken to have been registered under Division 10
of the new Part 15A.
(5) Any order taken by this clause to have been made under the new
Part 15A has effect for the same period as it would have had
under the provisions of the old Part 15A but may be varied or
revoked in accordance with the new Part 15A.
Pending applications
An application for an order under the old Part 15A that has not
been determined at the commencement is taken to be an
application for the same type of order under the new Part 15A.
References to repealed offences
A reference in the new Part 15A to section 545AB includes a
reference to section 562AB (as in force before its repeal by the
amending Act).
Page 52
Crimes Amendment (Apprehended Violence) Bill 2006
Amendment of other Acts and regulations Schedule 3
Schedule 3 Amendment of other Acts and
regulations
(Section 4)
3.1 Bail Act 1978 No 161
[1] Section 4 Definitions
Insert "Part 15A of" before "the Crimes Act 1900" in the definition of
domestic violence offence in section 4 (1).
[2] Section 9A Exception from presumption in favour of bail--certain
domestic violence offences and offences of contravening apprehended
domestic violence orders
Insert "545AB or" before "562AB" in section 9A (1) (b) (ii).
[3] Section 9A (3)
Omit "section 4 (6)" from paragraph (c) of the definition of apprehended
domestic violence order.
Insert instead "Part 15A".
[4] Section 9A (3)
Insert "Part 15A of" before "the Crimes Act 1900" in the definition of personal
violence offence.
3.2 Bail Regulation 1999
[1] Clause 3 Definitions
Omit "section 4 (6)" from paragraph (c) of the definition of apprehended
domestic violence order in clause 3 (1).
Insert instead "Part 15A".
[2] Clause 3 (1), definition of "domestic violence offence"
Insert "Part 15A of" before "the Crimes Act 1900".
[3] Clause 11 Notice of bail decisions in cases of alleged sexual assault and
personal violence offences
Omit "section 562I" from the definition of victim in clause 11 (4).
Insert instead "section 562ZG, or section 562I as in force before its
substitution,".
Page 53
Crimes Amendment (Apprehended Violence) Bill 2006
Schedule 3 Amendment of other Acts and regulations
[4] Clause 11 (5) (c)
Omit "section 4 (6)". Insert instead "Part 15A".
[5] Schedule 1 Forms
Insert "545AB or" before "562AB" in clause 1 (b) (xiii) of Form 2.
3.3 Commercial Agents and Private Inquiry Agents Regulation
2006
Clause 5 Major and minor offences
Insert "545AB or" before "562AB" in clause 5 (1).
3.4 Commission for Children and Young People Act 1998 No 146
Section 33 (6) (c) (as inserted by the Commission for Children and Young
People Amendment Act 2005)
Omit the paragraph. Insert instead:
(c) an external protection order (within the meaning of section
562ZZS of the Crimes Act 1990) that is not registered
under Division 10 of Part 15A of that Act.
3.5 Commission for Children and Young People Regulation
2000
Clause 9 Meaning of "relevant apprehended violence order"
Omit "section 562RA" from clause 9 (c).
Insert instead "section 562ZZS".
3.6 Community Justice Centres Act 1983 No 127
Section 27 Exoneration from liability
Insert "Part 15A of" before "the Crimes Act 1900" in section 27 (5).
3.7 Crimes (Sentencing Procedure) Act 1999 No 92
[1] Section 75 Definitions
Insert "Part 15A of" before "the Crimes Act 1900" in the definition of
domestic violence offence.
[2] Section 76 Home detention not available for certain offences
Insert "545AB or" before "562AB" in section 76 (f).
Page 54
Crimes Amendment (Apprehended Violence) Bill 2006
Amendment of other Acts and regulations Schedule 3
[3] Section 77 Home detention not available for offenders with certain
history
Insert "545AB or" before "562AB" in section 77 (1) (b).
3.8 Criminal Procedure Act 1986 No 209
[1] Section 268 Maximum penalties for Table 2 offences
Insert "545AB or" before "562AB" in section 268 (2) (f).
[2] Section 279 Compellability of spouses to give evidence in certain
proceedings
Insert "Part 15A of" before "the Crimes Act 1900" in section 279 (1) (b).
[3] Section 348 Offences in respect of which an intervention program may
be conducted
Insert "545AB or" before "562AB" in section 348 (2) (c).
[4] Schedule 1 Indictable offences triable summarily
Insert "545AB or" before "562AB" in clause 2 of Part 1 of Table 2.
3.9 Criminal Procedure Regulation 2005
Clause 19A Community conference intervention program
Insert "Part 15A of" before "the Crimes Act 1900" in clause 19A (3) (a).
3.10 Director of Public Prosecutions Act 1986 No 207
[1] Section 3 Definitions
Omit "and a complainant" from the definition of prosecutor in section 3 (1).
Insert instead ", a complainant and an applicant under Part 15A of the Crimes
Act 1900".
[2] Section 20A Proceedings for order under Part 15A (Apprehended
violence orders) of Crimes Act 1900
Omit "a complainant" wherever occurring. Insert instead "an applicant".
3.11 Drug Court Act 1998 No 150
Section 18E Assessment of eligibility and suitability by the
multi-disciplinary team
Insert "Part 15A of" before "the Crimes Act 1900" in section 18E (2) (c).
Page 55
Crimes Amendment (Apprehended Violence) Bill 2006
Schedule 3 Amendment of other Acts and regulations
3.12 Evidence (Children) Act 1997 No 143
[1] Section 3 Definitions
Insert "545AB or" before "562AB" in paragraph (b) of the definition of
personal assault offence in section 3 (1).
[2] Section 3 (1), paragraph (c) of the definition of "personal assault
offence"
Omit "562I".
Insert instead "562ZG, or section 562I as in force before its substitution".
[3] Section 17 Proceedings to which Part applies
Omit "a complaint for an apprehended violence order" from section 17 (b).
Insert instead "an application for an apprehended violence order, or a variation
or revocation of such an order".
3.13 Explosives Act 2003 No 39
[1] Section 13 Commissioner of Police to report on licences
Insert "545AB or" before "562AB" in section 13 (1) (d).
[2] Section 22 Special provision--suspension or cancellation of licences
where suspicions of violence
Insert "545AB or" before "562AB" in section 22 (7).
3.14 Firearms Act 1996 No 46
[1] Section 22 Suspension of licence
Insert "Part 15A of" before "the Crimes Act 1900" in section 22 (2).
[2] Section 22 (2)
Omit "that Act". Insert instead "that Part".
3.15 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
Section 81 Definitions
Omit "562I" from the definition of personal violence offence in section 81 (1).
Insert instead "562ZG, or section 562I as in force before its substitution".
Page 56
Crimes Amendment (Apprehended Violence) Bill 2006
Amendment of other Acts and regulations Schedule 3
3.16 Local Courts Act 1982 No 164
Section 36 Proceedings to which Part does not apply
Omit section 36 (1) (c).
3.17 Victims Support and Rehabilitation Act 1996 No 115
[1] Schedule 1 Compensable injuries
Insert "Part 15A of" before "the Crimes Act 1900" in clause 7A (1) (a).
[2] Dictionary
Insert "Part 15A of" before "the Crimes Act 1900" in paragraph (g) of the
definition of sexual assault and domestic violence.
3.18 Weapons Prohibition Act 1998 No 127
[1] Section 16 Suspension of permit
Insert "Part 15A of" before "the Crimes Act 1900" in section 16 (2).
[2] Section 16 (2)
Omit "that Act". Insert instead "that Part".
Page 57
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