DOMESTIC AND FAMILY VIOLENCE ACT 2007
DOMESTIC AND FAMILY VIOLENCE ACT 2007
TABLE OF PROVISIONS
Long Title
CHAPTER 1--INTRODUCTION
PART 1.1--PRELIMINARY MATTERS
1. Short title
2. Commencement
3. Objects of Act and their achievement
PART 1.2--INTERPRETATION
Division 1--Defined terms
4. Definitions
Division 2--Important concepts
Subdivision 1--Concepts relating to domestic violence
5. Domestic violence
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. Defendant
Division 3--Criminal responsibility
15. Application of Criminal Code
CHAPTER 2--DOMESTIC VIOLENCE ORDERS
PART 2.1--PRELIMINARY MATTERS
16. Objects of Chapter
17. When person taken to have committed domestic violence
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
21. What DVO may provide
22. Premises access 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 DVO
PART 2.4--DOMESTIC VIOLENCE ORDERS MADE BY LOCAL COURT
Division 1--Application process
28. Who may apply for DVO
29. When application must be made for child
30. How application is made
31. Notice of hearing of application
Division 2--Hearing process
32. Court may decide application in absence of defendant
33. When registrar may decide application for order
34. Referral of application to Court
35. Interim court DVO
Division 3--Miscellaneous matters
35A. Court may refuse to hear application or order stay of proceeding
36. Notice of DVO
37. DVO taken to be summons to appear before Court
PART 2.5--DOMESTIC VIOLENCE ORDERS MADE WITH CONSENT OF PARTIES
38. When consent DVO may be made
39. When registrar must refer application to Court
40. Notice of DVO
PART 2.6--DOMESTIC VIOLENCE ORDERS MADE BY AUTHORISED POLICE OFFICERS
41. When authorised police officer may make DVO
42. Matters to be recorded on DVO
43. What police officer must do after DVO is made
44. DVO taken to be summons to appear before Court
PART 2.7--DOMESTIC VIOLENCE ORDERS MADE BY COURTS IN CRIMINAL PROCEEDINGS
45. Power of court if person guilty of related offence
46. Notice of DVO
PART 2.8--VARIATION AND REVOCATION OF DOMESTIC VIOLENCE ORDERS
Division 1--Variation and revocation by Court
Subdivision 1--Application of Division
47. DVOs to which Division applies
Subdivision 2--Application for variation or revocation
48. Who may apply for variation or revocation
49. How application is made
50. Notice of hearing of application
Subdivision 3--Court hearings for variation and revocation
51. When Court may vary or revoke DVO
52. Right of persons to be heard before decision is made
52A. Interim court variation order
53. What must be considered before making order
54. Notice of order
Subdivision 4--Special provisions for variation ex parte
55. Application of Subdivision
56. Deciding application
57. Referral of application to Court
58. Notice of decision
59. Order taken to be summons to appear before Court
Subdivision 5--Variation and revocation with consent of parties
60. Application of Subdivision
61. When order may be made
62. When registrar must refer application to Court
63. Notice of order
Division 2--Variation of domestic violence orders in urgent circumstances
64. DVOs to which Division applies
65. When application may be made
66. How application is made
67. Deciding application
68. What Judge must do if variation order is refused
69. What Judge must do if variation order is made
70. What police officer must do when variation order is made
71. Order taken to be summons to appear before Court
PART 2.9--REVIEW OF POLICE DOMESTIC VIOLENCE ORDERS
72. Application for review
73. How application is made
74. Deciding application
75. What police officer must do if DVO is revoked
76. What police officer must do if DVO is confirmed without variations
77. What Judge must do if DVO is confirmed with variations
78. What police officer must do if DVO is confirmed with variations
79. Order taken to be summons to appear before Court
PART 2.10--CONFIRMATION OF DOMESTIC VIOLENCE ORDERS
80. Application of Part
81. Appearing at hearing
82. Decision at hearing
83. Notice of order
PART 2.11--SPECIAL POLICE POWERS
84. Power to remove and detain
85. Retrieval of defendant'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 defendant before Court for review
85F. Additional power to bring defendant 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 defendant
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
103ZB. Certificate evidence – notification
103ZC. Protection from liability
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
103ZD. Definition
103ZE. Enforcement of DVOs under other provisions
Division 2--DVOs to which scheme applies
103ZF. DVOs made in the Territory
103ZG. DVOs made in other jurisdictions
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
104. Definitions
105. Application of Part
Division 2--Closure of Court in certain cases
106. When Court to be closed
Division 3--Evidence of children
107. How evidence of child given
108. Admission of child's evidence
109. No cross-examination of child
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
113A. Definitions
113B. Application of Division
113C. Use of recorded statement
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
116. Hearsay evidence
117. Evidentiary value of endorsement on court file
CHAPTER 5--ENFORCEMENT
PART 5.1--INTERPRETATION
118. Definition
119. When DVO is given to defendant
PART 5.2--OFFENCES
120. Contravention of DVO by defendant
121. Penalty for contravention of DVO – adult
122. Penalty for contravention of DVO – young person
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
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
124Q. CEO may approve framework
124R. Obligation to align with approved framework
PART 5A.6--MISCELLANEOUS
124S. Protection of persons giving information
124T. Interaction with other laws
PART 5A.7--REVIEW
124U. Reviews of operation of Chapter
CHAPTER 6--MISCELLANEOUS MATTERS
125. Protection for reporting domestic violence
126. Approved forms
127. Regulations
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
SCHEDULE 1
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