DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 124A Reporting domestic violence

DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 124A

    (1)     An adult commits an offence if he or she:

        (a)     believes on reasonable grounds either or both of the following circumstances exist:

            (i)     another person has caused, or is likely to cause, harm to someone else (the victim ) with whom the other person is in a domestic relationship;

            (ii)     the life or safety of another person (also the victim ) is under serious or imminent threat because domestic violence has been, is being or is about to be committed; and

        (b)     as soon as practicable after forming the belief, does not report to a police officer (either orally or in writing):

            (i)     the belief; and

            (ii)     any knowledge forming the grounds for the belief; and

            (iii)     any factual circumstances on which that knowledge is based.

Maximum penalty:     200 penalty units.

    (2)     It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.

    (3)     Without limiting subsection (2), it is a reasonable excuse if the defendant establishes 1 or more of the following:

        (a)     the defendant reasonably believed someone else had, under subsection (1), reported the same belief about the circumstances mentioned in subsection (1);

        (b)     the defendant was engaged in planning for the removal of the victim from the circumstances mentioned in subsection (1) and intended to report his or her belief as soon as practicable after the removal;

        (c)     in relation to the circumstances mentioned in subsection (1)(a)(i) – the defendant reasonably believed that, if the report of his or her belief about the circumstances were made as soon as practicable after the belief was formed as mentioned in subsection (1)(b), a serious or imminent threat to the life or safety of any person may result.

    (4)     On receipt of the report, the police officer must take reasonable steps to ensure the report is investigated.

    (5)     This section has effect despite another law of the Territory.

    (6)     In this section:

"belief "means a belief mentioned in subsection (1)(a).

"harm" means physical harm that is serious harm.

"physical harm", see section 1A of the Criminal Code.

"serious harm", see section 1 of the Criminal Code.