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DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007)

DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 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.     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  

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  
           SCHEDULE 1
           SCHEDULE 2