DOMESTIC AND FAMILY VIOLENCE ACT 2007
Table of Provisions
CHAPTER 1--INTRODUCTION
PART 1.1--PRELIMINARY MATTERS
PART 1.2--INTERPRETATION
Division 1--Defined terms
- 4 Definitions
Division 2--Important concepts
Subdivision 1--Concepts relating to domestic violence- 5 Domestic violence
- 5A Emotional or psychological abuse
- 5B Coercive control
- 6 Intimidation
- 7 Stalking
- 8 Economic abuse Subdivision 2--Concepts relating to domestic relationships
- 9 Domestic relationship
- 10 Family relationship
- 11 Intimate personal relationship
- 12 Carers relationship Subdivision 3--Concepts relating to parties to domestic violence
- 13 Protected person
- 14 Respondent
Division 3--Criminal responsibility
- 15 Application of Criminal Code
CHAPTER 2--DOMESTIC VIOLENCE ORDERS
PART 2.1--PRELIMINARY MATTERS
PART 2.2--MAKING OF DOMESTIC VIOLENCE ORDERS
- 18 When DVO may be made
- 19 Matters to be considered in making DVO
- 20 Presumption in favour of protected person with child remaining at home
PART 2.3--CONTENT OF DOMESTIC VIOLENCE ORDERS
- 20A Mandatory prohibition
- 21 What DVO may provide
- 22 Premises exclusion order
- 23 Order regarding tenancy agreement
- 24 Order for rehabilitation program
- 25 Protected person's residential address not to be included in order
- 26 Prohibition on publication of personal details
- 27 Duration of court DVO
PART 2.4--POLICE DVO
Division 1--Making of police DVO
- 28 When authorised police officer may make DVO
- 29 Matters to be recorded on police DVO
- 30 What police officer must do after police DVO is made
- 31 Police DVO taken to be summons to appear before Court
- 32 Criminal history and report of respondent
- 33 Report of protected person
- 34 Duration of police DVO
Division 2--Review of police DVO
- 35 Application for review
- 36 How application is made
- 37 Deciding application
- 38 Action of police officer if police DVO confirmed with variation
- 39 Action of police officer if police DVO confirmed without variation
- 40 Action of Court if police DVO confirmed with variation
- 41 Action of police officer if police DVO revoked
- 42 Explanation of police DVO
- 43 Order taken to be summons to appear before Court
Division 3--Confirmation of police DVO
- 44 Application of Division
- 45 Place of hearing
- 46 Parties to hearing
- 47 Considerations at hearing
- 48 Decision at hearing
- 49 Respondent failing to appear at hearing
- 50 Notice of order
PART 2.5--COURT DVO
Division 1--Power to make court DVO
- 51 Court DVO
Division 2--Application process
- 52 Who may apply for court DVO
- 53 When application must be made for child
- 54 How application is made
- 55 Place of hearing
Division 3--Hearing process and decision
- 56 Dismissal if application likely to be contrary to objects of Act
- 57 Criminal history and report of respondent
- 58 Report of protected person
- 59 Court may decide application in absence of respondent
- 60 When registrar must not decide application
- 61 Referral of application to Court
- 62 Court may refuse to hear application or order stay of proceeding
- 63 Notice of court DVO
Division 4--Protection during hearing process
- 64 Interim court DVO
Division 5--Court DVO made on consent of parties
- 65 When DVO may be made on consent
- 66 Referral of application to Court
- 67 No service of documents
- 68 Notice of court DVO on consent
PART 2.6--VARIATION AND REVOCATION OF COURT DVO
Division 1--Power to vary or revoke court DVO
- 69 Order to vary or revoke court DVO
Division 2--Application to vary or revoke
- 70 Who may apply for variation or revocation
- 71 Filing application
- 72 Notice of hearing of application
Division 3--Court hearings for variation and revocation
- 73 Right to be heard before decision is made
- 74 Interim variation of court DVO
- 75 What must be considered before making order
- 76 Notice of order
Division 4--Special provisions for variation and revocation without hearing
- 77 Application of Division
- 78 Deciding application
- 79 Referral of application to Court
- 80 Notice of order
- 81 Order taken to be summons to appear before Court
Division 5--Variation and revocation with consent of parties
- 82 Application of Division
- 82A When order may be made
- 82B Referral of application to Court
- 82C Notice of order
PART 2.7--FINALISING COURT DVO ON SUMMONS
PART 2.8--EXTENSION OF COURT DVO
- 82H When Court may extend court DVO
- 82J Application to extend duration of court DVO
- 82K How application is made
- 82L Notice of hearing of application
- 82M What must be considered before extending court DVO
- 82N Decision of extension
- 82P Interim extension of court DVO
- 82Q Notice of order
PART 2.9--VARIATION OF COURT DVO OR POLICE DVO IN URGENT CIRCUMSTANCES
- 82R DVOs to which Part applies
- 82S When application may be made
- 82T How application is made
- 82U Deciding application
- 82V What Court must do if application is refused
- 82W What Court must do if variation order is made
- 82X What police officer must do when variation order is made
- 82Y Order taken to be summons to appear before Court
PART 2.10--DVOS MADE BY COURTS IN CRIMINAL PROCEEDINGS
- 83 Power of court if person guilty of related offence
PART 2.11--SPECIAL POLICE POWERS
- 84 Power to remove and detain
- 85 Retrieval of respondent's personal property
- 85AA Retrieval of protected person's personal property
PART 2.11A--REHABILITATION PROGRAMS
- 85A Declaration of rehabilitation program
- 85B Satisfactory completion of rehabilitation program
- 85C Failure to comply with rehabilitation program
- 85D Notification obligations of program facilitator
- 85E Bringing respondent before Court for review
- 85F Additional power to bring respondent before Court
- 85G Revocation of order for rehabilitation program
PART 2.12--MISCELLANEOUS MATTERS
- 86 DVO may be made regardless of criminal proceeding
- 87 DVO not to affect other liability
- 88 Requirement to give documents to protected person
- 89 Explanation of court DVO
- 90 Family law orders
- 91 Costs
- 91B Registrar exercises powers as delegate of Court
CHAPTER 3--EXTERNAL ORDERS
PART 3.1--PRELIMINARY MATTERS
- 92 Objects of Chapter
PART 3.2--REGISTRATION OF ORDERS
- 93 Application for registration
- 94 Registration
- 95 Notice of registration
- 96 Period of registration
- 97 Effect of registration
PART 3.3--VARIATION AND CANCELLATION OF REGISTERED EXTERNAL ORDERS
- 98 Application for variation or cancellation of order
- 99 How application is dealt with
- 100 Notice of registration
CHAPTER 3A--NATIONAL RECOGNITION OF DOMESTIC VIOLENCE ORDERS
PART 3A.1--PRELIMINARY MATTERS
- 101 Objects of Chapter
- 102 Definitions
- 103 Local DVO
- 103A Interstate DVO
- 103B Registered foreign order
- 103C Domestic violence concerns – SA and WA orders
- 103D Special provisions for foreign orders
PART 3A.2--NATIONAL RECOGNITION OF DVOS
Division 1--General principles
- 103E Recognition of DVOs
- 103F Variations to DVO
- 103G Revocation of recognised DVO
- 103H Recognised DVO prevails over earlier comparable DVOs
- 103J Making of new orders
Division 2--Enforcement of recognised DVOs
- 103K Recognised DVOs and variations are enforceable against respondent
- 103L Meaning of properly notified
- 103M Contravention of enforceable recognised DVO
Division 3--Enforcement of non-local DVOs
- 103N Non-local DVO to be treated as local DVO
- 103P Licences, permits and other authorisations
- 103Q Recognition of disqualification to hold firearms licence
- 103R Recognition of disqualification to hold weapons licence
- 103S Orders for costs
PART 3A.3--VARIATION AND REVOCATION OF RECOGNISED NON-LOCAL DVOS
- 103T Definition
- 103U Power of court to vary or revoke recognised non-local DVOs
- 103V Application for variation or revocation of recognised non-local DVO
- 103W Decision about hearing an application
PART 3A.4--EXCHANGE OF INFORMATION
- 103X Issuing authorities may obtain DVO information
- 103Y Issuing authorities must provide DVO information
- 103Z Law enforcement agencies may obtain DVO information
- 103ZA Information to be provided to law enforcement agencies
PART 3A.5--MISCELLANEOUS
PART 3A.6--PROVISIONS CONSEQUENTIAL ON ENACTMENT OF DOMESTIC AND FAMILY VIOLENCE (RECOGNITION OF DOMESTIC VIOLENCE ORDERS) (NATIONAL UNIFORM LAW) AMENDMENT ACT 2017
Division 1--Preliminary matters
Division 2--DVOs to which scheme applies
Division 3--Extension of scheme to older DVOs
- 103ZH DVOs declared to be recognised DVOs
- 103ZI DVOs declared to be recognised in other jurisdictions before commencement date
Division 4--Power to declare DVO to be recognised
- 103ZJ Definition
- 103ZK Power to declare DVO to be recognised
- 103ZL Application for order
- 103ZM Functions of registrar may be exercised by court
CHAPTER 4--LEGAL PROCEEDINGS AND EVIDENTIARY MATTERS
PART 4.1--EVIDENCE IN PROCEEDINGS FOR DOMESTIC VIOLENCE ORDERS
Division 1--Preliminary matters
Division 2--Closure of Court in certain cases
- 106 When Court to be closed
Division 3--Evidence of children
Division 4--Evidence of vulnerable witnesses
- 110 How evidence of vulnerable witness given
- 111 Vulnerable witness entitled to support
- 112 Court's power relating to vulnerable witness giving evidence
- 113 Evidence given outside courtroom
Division 4A--Recorded statements
Division 5--General matters
- 114 Leave required for unrepresented defendant to cross-examine certain witnesses
- 114A Leave not given to directly cross-examine witness
- 114B Warning
PART 4.2--HEARING PROCEDURES
- 115 Procedural directions
PART 4.3--OTHER EVIDENTIARY MATTERS
CHAPTER 5--ENFORCEMENT
PART 5.1--INTERPRETATION
PART 5.2--OFFENCES
- 120 Contravention of DVO by defendant
- 121 Penalties for contravention of DVO
- 123 Publication of names and identifying information about children
- 124 Publication of personal details
- 124A Reporting domestic violence
CHAPTER 5A--INFORMATION SHARING
PART 5A.1--PRELIMINARY MATTERS
- 124B Definitions
- 124C Information sharing principles
- 124D Application of this Chapter to courts
- 124DA Approval of information sharing entity
- 124DB Collection of information
PART 5A.2--INFORMATION SHARING
- 124E Sharing information for assessing or preventing domestic violence threat
- 124F Police may share certain information with information sharing entities
- 124G Limits on information that may be shared
- 124H Obligation to disclose for domestic violence assessment or protection purpose
PART 5A.3--CONFIDENTIALITY PROTECTIONS
- 124J Permitted uses of shared information
- 124K Who may give or receive information on behalf of information sharing entity
- 124L Unauthorised disclosure of confidential information
- 124M Police use of confidential information
PART 5A.4--GUIDELINES
- 124N Minister to make and publish guidelines
- 124P Information sharing entities to comply with guidelines
PART 5A.5--RISK ASSESSMENT AND RISK MANAGEMENT FRAMEWORK
PART 5A.6--MISCELLANEOUS
PART 5A.7--REVIEW
- 124U Reviews of operation of Chapter
CHAPTER 6--MISCELLANEOUS MATTERS
CHAPTER 7--REPEALS AND TRANSITIONAL MATTERS
PART 7.1--REPEALS
- 128 Acts repealed
PART 7.2--TRANSITIONAL MATTERS FOR DOMESTIC AND FAMILY VIOLENCE ACT 2007
- 129 Definitions
- 130 Restraining orders
- 131 Registered external restraining orders
- 132 Pending applications for restraining orders
- 133 Confirmation hearings
- 134 Pending referrals to Court
- 135 Interpretation Act not affected
PART 7.3--TRANSITIONAL MATTERS FOR JUSTICE LEGISLATION AMENDMENT (VULNERABLE WITNESSES) ACT 2016
- 136 Proceedings already commenced
PART 7.4--TRANSITIONAL MATTERS FOR DOMESTIC AND FAMILY VIOLENCE (RECOGNITION OF DOMESTIC VIOLENCE ORDERS) (NATIONAL UNIFORM LAW) AMENDMENT ACT 2017
- 137 Definitions
- 138 Interim court DVO
- 139 Interim court variation order
- 140 Registered interstate DVOs
- 141 Enforcement of non-recognised interstate DVOs
PART 7.5--TRANSITIONAL MATTERS FOR EVIDENCE AND OTHER LEGISLATION AMENDMENT ACT 2020
- 142 Proceeding already commenced
PART 7.6--TRANSITIONAL MATTERS FOR JUSTICE LEGISLATION AMENDMENT (ELECTRONIC DOCUMENTS) ACT 2022
- 143 Definition
- 144 DVO made but not given to parties or Court before commencement
- 145 DVO varied but not given to parties or Court before commencement
- 146 DVO confirmed with variations but not given to parties or Court before commencement