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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007

- As at 27 June 2017
- Act 80 of 2007

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Meaning of “personal violence offence”
   5.      Meaning of “domestic relationship”
   6.      Meaning of “relative”
   7.      Meaning of “intimidation”
   8.      Meaning of “stalking”

   PART 2 - OBJECTS OF ACT IN RELATION TO DOMESTIC AND PERSONAL VIOLENCE

   9.      Objects of Act in relation to domestic violence
   10.     Object of Act in relation to personal violence

   PART 3 - DOMESTIC VIOLENCE AND OTHER OFFENCES

   11.     Meaning of “domestic violence offence”
   12.     Recording of domestic violence offences
   13.     Stalking or intimidation with intent to cause fear of physical or mental harm
   14.     Offence of contravening apprehended violence order

   PART 4 - APPREHENDED DOMESTIC VIOLENCE ORDERS

   15.     Application for making of apprehended domestic violence order by court
   16.     Court may make apprehended domestic violence order
   17.     Matters to be considered by court

   PART 5 - APPREHENDED PERSONAL VIOLENCE ORDERS

   18.     Application for making of apprehended personal violence order by court
   19.     Court may make apprehended personal violence order
   20.     Matters to be considered by court
   21.     Referral of matters to mediation

   PART 6 - INTERIM COURT ORDERS

   22.     Interim court orders
   23.     Interim court orders made by Registrar with consent
   24.     Interim court order ceases when final court order made or served
   24A.    Referral of matters to mediation

   PART 7 - PROVISIONAL ORDERS

   25.     Application by telephone, facsimile or other communication device
   26.     When application may be made
   27.     Obligation to apply for provisional order in certain circumstances
   28.     Making of provisional order by authorised officer
   28A.    Making of provisional order by senior police officer
   29.     Provisional order taken to be application for court order
   30.     Recording of provisional order
   31.     Service
   32.     Duration
   33.     Variation or revocation of provisional order on application of police officer
   33A.    Variation or revocation of provisional order on application of defendant
   34.     Purported renewal or continuance
   34A.    Defects in interim apprehended domestic violence orders

   PART 8 - CONTENT AND EFFECT OF APPREHENDED VIOLENCE ORDERS

   35.     Prohibitions and restrictions imposed by apprehended violence orders
   36.     Prohibitions taken to be specified in every apprehended violence order
   37.     Ancillary property recovery orders may be made

   PART 9 - ADDITIONAL MEASURES FOR SUPPORT AND PROTECTION OF CHILDREN AND OTHERS IN PROCEEDINGS

   38.     Apprehended violence orders made by court or authorised officer can also protect persons with whom person seeking protection has a domestic relationship
   39.     Final order to be made on guilty plea or guilt finding for serious offence
   40.     Interim apprehended violence order must be made on charge for certain offences
   40A.    Apprehended violence order may be made in care proceedings
   41.     Measures to protect children in apprehended violence order proceedings
   41A.    Questioning child witness in apprehended domestic violence order proceedings
   42.     Consideration of contact with children
   43.     Non-inclusion of protected person’s residential address in application for apprehended domestic violence order or in apprehended domestic violence order
   44.     Non-inclusion of health care provider’s residential address in application for apprehended personal violence order or in apprehended personal violence order
   45.     Publication of names and identifying information about children and other persons involved in apprehended violence order proceedings
   46.     Right to presence of supportive person when giving evidence

   PART 10 - APPLICATIONS FOR FINAL APPREHENDED VIOLENCE ORDERS AND INTERIM COURT ORDERS AND ASSOCIATED PROCEEDINGS

           Division 1 - Preliminary

   47.     Definitions

           Division 2 - Application for order

   48.     Making of application for an order
   49.     Circumstances in which police must make application for order
   49A.    False or misleading applications for apprehended personal violence order

           Division 3 - Commencement of application proceedings

   50.     Commencement of proceedings by application notice
   51.     Commencement of proceedings by police officer
   52.     Commencement of proceedings by protected person
   53.     Discretion to refuse to issue process in apprehended personal violence order matters
   54.     Application notice to be for one matter only
   55.     Service of application notice
   56.     When proceedings commence

           Division 4 - Hearing of application proceedings

   57.     Time for hearing
   57A.    Procedure if party not present on hearing date
   58.     Proceedings to be open to public
   59.     Change of venue
   60.     Right to defend action
   61.     Right of representation
   62.     Conduct of case
   63.     Evidence to be on oath
   64.     Recording of evidence
   65.     Adjournments
   66.     Irregularity
   67.     Power to dispense with rules
   68.     Power to stay proceedings
   69.     Arrest of defendant during proceedings
   70.     Witnesses and production of evidence
   71.     Warrants of arrest and warrants of commitment

           Division 5 - Variation or revocation of final apprehended violence orders or interim court orders

   72.     Definitions
   72A.    Making of application-general
   72B.    Making of application-police-initiated order where protected person is child
   72C.    Commissioner must be notified if application relates to police-initiated order
   72D.    Notification of application if protected person is child
   73.     Variation or revocation of final apprehended violence orders and interim court orders
   74.     Variation or revocation of final apprehended violence orders and interim court orders where more than one protected person
   75.     Variation may be made on guilty plea or guilt finding for certain offences

           Division 6 - Ancillary provisions

   76.     Explanation of final apprehended violence orders, interim court orders and variations
   77.     Service of copy of apprehended violence order, interim court order or variation or revocation of any such order
   78.     Orders made with consent of parties
   79.     Duration of final apprehended violence orders
   80.     Enforcement of orders for payment of money
   81.     Concurrent criminal proceedings
   82.     Arrangements regarding classification of orders
   83.     Application of Bail Act 2013

           Division 7 - Appeals

   84.     Review and appeal provisions concerning making etc of apprehended violence orders
   85.     Presumption against stay of order

           Division 8 - Rules

   86.     Rules in application proceedings
   87.     Forms

   PART 11 - WARRANTS AND POWERS OF POLICE TO DETAIN DEFENDANTS

   88.     Warrant for arrest of defendant in final apprehended violence order matters
   89.     Detention of defendant for making and service of interim apprehended personal violence order
   89A.    Detention of defendant for making and service of interim apprehended domestic violence order
   90.     Detention of defendant for service of order or variation
   90A.    Period for which person may be directed to remain or be detained
   90B.    Detention of person at police station or other place or in vehicle
   90C.    Searching detained persons
   90D.    Records required to be kept

   PART 12 - JURISDICTION OF COURTS

   91.     Courts authorised to make orders and determine applications
   92.     Jurisdiction of Supreme Court under this Act
   93.     Jurisdiction of District Court under this Act

   PART 13 - REGISTRATION OF EXTERNAL PROTECTION ORDERS

   94.     Definitions
   95.     Application for registration of external protection order
   96.     Registration of external protection order
   97.     Effect of registration of external protection order
   98.     Variation etc of registered external protection orders

   PART 13A - INFORMATION SHARING

           Division 1 - Preliminary

   98A.    Definitions
   98B.    Meaning of “primary person” and “associated respondent”

           Division 2 - General dealings with information

   98C.    Definition
   98D.    Disclosure of information by all agencies in case of threat
   98E.    Disclosure by Local Court
   98F.    Central referral point
   98G.    Local co-ordination points
   98H.    Support agencies
   98I.    Access to information collected under Division
   98J.    Agency must comply with protocols
   98K.    Relationship with other laws
   98L.    Regulations

           Division 3 - Dealings where serious threat

   98M.    Dealings if serious domestic violence threat
   98N.    Access to information collected in respect of serious threat

           Division 4 - Miscellaneous

   98O.    Protocols and other orders of Minister
   98P.    Delegation
   98Q.    Review of Part

   PART 14 - MISCELLANEOUS

   99.     Costs
   99A.    Limitations on professional costs being awarded
   100.    Parts 2 and 3 of Crimes (Appeal and Review) Act 2001
   101.    Regulations
   102.    Savings, transitional and other provisions
   103.    (Repealed)
   104.    Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)


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