South Australian Consolidated Acts South Australian Consolidated Acts (1) A complaint may be
made and dealt with by telephone as follows:
(a) the
complainant must be—
(i)
a member of the police force who establishes his or her
identity and official position in a manner acceptable to the Court; or
(ii)
a person introduced by a member of the police force who
establishes his or her identity and official position in a manner acceptable
to the Court;
(b) the
Court must satisfy itself (as far as practicable) that the complaint is
genuine, and that the case is of sufficient urgency to justify making a
domestic violence restraining order without requiring the personal attendance
of the complainant, by the oral questioning of the complainant and any other
available witnesses by telephone;
(c) if
the Court is then satisfied that it is appropriate to make a domestic violence
restraining order, the member of the police force who made the complaint or
introduced the complainant—
(i)
must make out, in accordance with directions communicated
by the Court by telephone, a document in the form required by the rules
comprising—
(A) the terms of the Court's order; and
(B) a summons requiring the defendant to
appear before the Court at a specified time and place to show cause why the
order should not be confirmed;
(ii)
must return a copy of the completed document, or send it
by facsimile, to the Court;
(d) if
the Court is not satisfied that it is an appropriate case for making a
domestic violence restraining order without requiring the personal attendance
of the complainant, the Court may adjourn the hearing of the complaint to a
time and place fixed by the Court and inform the complainant of the time and
place so fixed.
(2) Proceedings
conducted by telephone under this section—
(a) need
not be open to the public;
(b) must
be recorded by audio tape or other form of recording from which sound can be
produced.
(3) The Court may,
from time to time without requiring the attendance of any party, adjourn the
hearing to which a defendant is summoned under subsection (1)(c) to a
later date if satisfied that the summons has not been served or that there is
other adequate reason for the adjournment.
(4) The date fixed in
the first instance for the hearing to which a defendant is summoned under
subsection (1)(c) must be within 7 days of the date of the order, and the
date fixed under subsection (3) for an adjourned hearing must be within 7
days of the date on which the adjournment is ordered, unless the Court is
satisfied—
(a) that
a later date is required to enable the summons to be served; or
(b) that
there is other adequate reason for fixing a later date.
(5) A domestic
violence restraining order issued on a complaint made by telephone without
requiring the personal attendance of the defendant—
(a)
continues in force until the conclusion of the hearing to which the defendant
is summoned or, if the hearing is adjourned, until the conclusion of the
adjourned hearing; but
(b) will
not be effective after the conclusion of the hearing to which the defendant is
summoned, or the adjourned hearing, unless the Court confirms the order—
(i)
on failure of the defendant to appear at the hearing in
obedience to the summons; or
(ii)
having considered any evidence given by or on behalf of
the defendant; or
(iii)
with the consent of the defendant.
(5a) The Court may
confirm a domestic violence restraining order in an amended form.
(6) If a hearing is
adjourned under this section, the Court need not be constituted at the
adjourned hearing of the same judicial officer as ordered the adjournment.
(7) If a member of the
police force has reason to believe that a complaint is being, or is about to
be, made against a person by telephone, the member may—
(a)
require the person to remain at a particular place while the complaint is made
and dealt with so that any order or summons made or issued on the complaint
may be served on the person; and
(b) if
the person refuses or fails to comply with the requirement or the member has
reasonable grounds to believe that the requirement will not be complied with,
arrest and detain the person in custody (without warrant) for—
(i)
so long as may be necessary for the complaint to be made
and dealt with and any order or summons made or issued to be served on the
person; or
(ii)
two hours,
whichever is the lesser.