Northern Territory Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE ACT

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.     Declared offences for 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 for replacement 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 Court of Summary Jurisdiction
           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 clerk may decide application for order
   34.     Referral of application to Court
   35.     Interim DVO
           Division 3 Miscellaneous matters
   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 clerk 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
   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 clerk 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 magistrate does if variation order is refused
   69.     What magistrate does if variation order is made
   70.     What police officer 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 magistrate must do if DVO is confirmed with variations
   78.     What police officers 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 2.12 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
           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
           Part 3.4 Unregistered orders
   101.    Enforcement of unregistered external order
   102.    Duration of declaration
   103.    Effect of declaration
           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 5 General matters
   114.    Cross-examination by unrepresented defendant
           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 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
   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 *
   136.    Transitional regulations
           Schedule 1 Repealed Acts
           ENDNOTES