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