CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 44 Non-inclusion of health care provider's residential address in application for apprehended personal violence order or in apprehended personal violence order

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 44

44 Non-inclusion of health care provider's residential address in application for apprehended personal violence order or in apprehended personal violence order

(1) The address at which a protected health care provider resides must not be stated in any application for an apprehended personal violence order or interim 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) 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 interim apprehended personal violence order unless the court or issuing officer 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.

(3) If the address at which a protected health care provider resides or intends to reside must not be stated in an application or order because of this section, the address at which the protected health care provider ordinarily provides health care services is to be stated instead in the application or order.

(4) A reference in this section to an apprehended personal violence order or interim apprehended personal violence order includes a reference to any other order relating to such an order.

(5) In this section--


"court" includes a Registrar.


"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.