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This is a Bill, not an Act. For current law, see the Acts databases.
DOMESTIC VIOLENCE AMENDMENT (POLICE ORDERS) BILL 2005
Serial 17
Domestic Violence
Amendment (Police Orders) Bill 2005
Dr
Toyne
AN ACT
to
amend the Domestic Violence Act, and for related
purposes
NORTHERN TERRITORY OF
AUSTRALIA
DOMESTIC VIOLENCE AMENDMENT (POLICE ORDERS)
ACT 2005
____________________
Act No. [ ] of 2005
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY
OF AUSTRALIA
____________________
Act No. [ ] of 2005
____________________
AN ACT
[Assented to [ ]
2005]
[Second reading [ ]
2005]
The Legislative Assembly of the Northern Territory enacts
as follows:
Short title
This Act may be cited as the Domestic Violence Amendment
(Police Orders) Act 2005.
Commencement
This Act comes into operation on the date fixed by the
Administrator by notice in the Gazette.
Principal Act amended
This Act amends the Domestic Violence
Act.
Amendment of section 3 (Interpretation)
Section 3(1), definition of "restraining order"
–
omit, substitute
"restraining order" means –
(a) an order made under section 4(1), 6(3) or 6A(3);
or
(b) an order referred to in paragraph (a) that is varied
under Part 2,
and includes a registered interstate restraining order and
registered New Zealand restraining order.
Amendment of section 4 (Restraining order made by Court or
Clerk)
(1) Section 4(5) –
omit
all the words after "should not be"
substitute
confirmed by the Court.
(2) Section 4(6) and (7) –
omit
Repeal and substitution of section 6
Section 6 –
repeal, substitute
6. Restraining
order made by magistrate
(1) If it is not practicable in particular circumstances to
obtain from the Court or Clerk an order under section 4(1), a police officer may
apply to a magistrate for an order under this section.
(2) The application may be made by telephone, facsimile or
other form of electronic communication.
(3) Subject to subsections (5) and (6), the magistrate may
make an order under this section in the same terms as an order the Court may
make under section 4(1).
(4) The order may be made even though the defendant has not
been given an opportunity to answer any allegation in the
application.
(5) The magistrate may make the order only if satisfied
–
(a) it is not practicable in the circumstances to obtain an
order under
section 4(1); and
(b) had the magistrate been sitting as the Court –
the magistrate might reasonably have made an order under section
4(1).
(6) In addition, before making or refusing to make an order
of the type referred to in section 4(8), the magistrate must consider the effect
of making or refusing to make the order on –
(a) the accommodation of the persons affected by the order;
and
(b) any children of or in the care of the persons affected
by the order.
(7) The order has effect as if it were an order made under
section 4(1).
(8) The magistrate must record on the order the reasons for
making it and the time and place for its return.
(9) For subsection (8), the time for the return of the
order must be as soon as practicable after its making.
(10) The magistrate must inform the police officer of the
terms of the order, the reasons for making it and the time and place for its
return.
(11) The police officer must –
(a) complete a form of order as directed by the magistrate
and write on it the magistrate's name and the date and time it is made;
and
(b) as soon as practicable after the form of order is
completed –
(i) serve a copy of it on the defendant;
and
(ii) send the original of it to the
Clerk.
(12) The form of order served is taken to be a summons to
the defendant to appear before the Court, at the time and place shown on it for
its return, to show cause why the order should not be confirmed by the
Court.
6A. Restraining
order made by police officer
(1) An authorised police officer may make an order under
this section if satisfied –
(a) it is not practicable in the circumstances to obtain an
order under section 4(1); and
(b) it is necessary to ensure the immediate safety of the
person for whose protection the order is to be made; and
(c) the Court might reasonably have made an order under
section 4(1).
(2) In addition, before making or refusing to make an order
of the type referred to in section 4(8), the police officer must consider the
effect of making or refusing to make the order on –
(a) the accommodation of the persons affected by the order;
and
(b) any children of or in the care of the persons affected
by the order.
(3) The police officer may make the order in the same terms
as an order the Court may make under section 4(1).
(4) The order may be made even though the defendant has not
been given an opportunity to answer any allegation made in relation to the
making of the order.
(5) The order has effect as if it were an order made under
section 4(1).
(6) The police officer must record on the order the reasons
for making it and the time and place for its return.
(7) For subsection (6), the time for the return of the
order must be as soon as practicable after its making.
(8) As soon as practicable after the order is made, a
police officer must –
(a) serve a copy of it on the defendant;
and
(b) inform the defendant of the defendant's right to apply
for a variation or revocation of the order under section 6B;
and
(c) send the original of the order to the
Clerk.
(9) The order served is taken to be a summons to the
defendant to appear before the Court, at the time and place shown on the order
for its return, to show cause why the order should not be confirmed by the
Court.
(10) In this section –
"authorised police officer" means –
(a) a police officer of or above the rank of Senior
Sergeant; or
(b) the officer in charge for the time being of a police
station.
6B. Review
of order made by police officer
(1) This section applies to an order made under section
6A(3).
(2) The defendant may apply for a variation or revocation
of the order.
(3) If the defendant wants to apply for a variation or
revocation of the order under subsection (2) –
(a) the defendant must inform a police officer;
and
(b) the police officer must facilitate the
application.
(4) Without limiting subsection (3)(b), the police officer
must –
(a) contact a magistrate; and
(b) ensure the application complies with any rules or
practice directions made or issued by the Chief Magistrate under
section 20AB relating to the time and manner for
making the application; and
(c) ensure the magistrate is given the information required
for the application.
(5) The application may be made by telephone, facsimile or
other form of electronic communication.
(6) The magistrate may decide to vary or revoke or refuse
to vary or revoke the order.
(7) The magistrate must record the reasons for the decision
and inform the police officer of the reasons.
(8) If the magistrate varies the order, the magistrate must
also inform the police officer of the terms of the order as varied and the time
and place for the return of the order as varied.
(9) If the magistrate varies or revokes the order, the
police officer
must –
(a) complete a form of order as directed by the magistrate
and write on it the magistrate's name and the date and time it is made;
and
(b) as soon as practicable after the form of order is
completed –
(i) serve a copy of it on the parties;
and
(ii) send the original of it to the
Clerk.
(10) If the magistrate varies the order, the form of order
served is taken to be a summons to the defendant to appear before the Court, at
the time and place shown on it for its return, to show cause why the order as
varied should not be confirmed by the Court.
(11) If the magistrate refuses to vary or revoke the order,
the police officer must inform the defendant of the decision and the reasons for
it.
Amendment of section 7 (Power to
remove and detain while order sought)
(1) Section 7(1), after "order under section 6"
–
insert
or make an order under section 6A
(2) Section 7(1), after "application under section 6"
–
insert
or an order under section 6A
Amendment of section 8 (Variation or revocation of
order)
Section 8(4), after "section 4 or 6(1)"
–
insert
or on whose behalf an order is made under section
6A(3)
Amendment of section 8A (Variation of order by
telephone)
Section 8A(8) to (10) –
omit
Amendment of section 8B (Variation of order ex parte in
special circumstances)
Section 8B(10) to (12) –
omit
New section 8C
After section 8B –
insert
8C. Confirmation
of order
(1) This section applies if a defendant is summoned under
section 4(5), 6(12), 6A(9), 6B(10), 8A(7) or 8B(8) to appear before the Court to
show cause why a restraining order or variation of a restraining order should
not be confirmed.
(2) Subject to section 20AC, the person on whose behalf the
order is made may appear at the hearing.
(3) If the defendant has been summoned under section 6(12)
or 6A(9), a police officer or representative of the Police Force must appear at
the hearing.
(4) At the hearing, the Court may confirm, vary or revoke
the order.
(5) However, the Court must not confirm the order unless
–
(a) it is satisfied the defendant has been served with a
copy of the order in accordance with section 10(2); and
(b) it has considered any evidence before it and
submissions from the parties.
(6) As soon as practicable after the Court makes its
decision, the Clerk must serve a copy of the order recording the decision on the
defendant.
Amendment of section 10 (Breach of order)
After section 10(1A) –
insert
(1AB) However, subsection (1A) does not apply to
an order made under section 6A unless the order has been confirmed by the Court
under section 8C.
Repeal
and substitution of section 20AF
Section 20AF –
repeal, substitute
(1) A person applying for a restraining order or to vary or
revoke a restraining order must inform the Court, magistrate or Clerk to whom
the application is made of any family law orders that the person knows to be in
force in relation to the defendant.
(2) Subsections (3) and (4) apply if a police officer
intends to –
(a) apply to a magistrate for a restraining order or to
vary or revoke a restraining order; or
(b) make a restraining order under section
6A(3).
(3) The police officer must make reasonable inquiries
regarding the existence or otherwise of any family law orders in force in
relation to the defendant.
(4) When requested to do so, a person must inform the
police officer of any family law orders that the person knows to be in force in
relation to the defendant.
(5) An action of the Court, magistrate, Clerk or police
officer is not invalid merely because of the failure of a person to provide
information in accordance with subsection (1) or (4).
(6) In this section –
"family law order" means a contact order within the meaning
of Part VII, Division 11 of the Family Law Act (Cth).
Repeal
The Domestic Violence Amendment Act 2001 (Act No. 30
of 2001) is repealed.
____________________________
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