DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 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
- 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
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
PART 2.5--DOMESTIC VIOLENCE ORDERS MADE WITH CONSENT OF PARTIES
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
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
PART 2.11--SPECIAL POLICE POWERS
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
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 5--General matters
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 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
CHAPTER 6--MISCELLANEOUS MATTERS
- 125 Protection of health practitioner 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
CHAPTER 8--CONSEQUENTIAL AMENDMENTS OF LAWS
PART 8.1--FIREARMS ACT
- 137 Act amended
- 138 Amendment of section 3 (Interpretation)
- 139 Amendment of references to restraining order
- 140 Amendment of references to interim restraining order
PART 8.2--JUSTICES ACT
- 141 Act amended
- 142 Amendment of section 4 (Interpretation)
- 143 Amendment of section 27 (Service of summonses and notices under this Act)
- 144 Amendment of section 58 (Issue of warrant)
- 145 Repeal and substitution of Part IV, Division 7
PART 8.3--AMENDMENT OF OTHER LAWS
- 146 Laws amended
PART 8.4--EXPIRY OF CHAPTER
- 147 Expiry