INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation
• 4 Application of Act outside State

PART 2--Objects of Act

• 5 Objects of Act

PART 3--Intervention and associated orders

Division 1--General

• 6 Grounds for issuing intervention order
• 7 Persons for whose protection intervention order may be issued
• 8 Meaning of abuse--domestic and non-domestic
• 9 Priority for certain interventions
• 10 Principles for intervention against abuse
• 11 Ongoing effect of intervention order
• 12 Terms of intervention order--general
• 13 Terms of intervention order--intervention programs
• 14 Terms of intervention order--firearms
• 15 Terms of intervention order--date after which defendant may apply for variation or revocation
• 15A Declaration that intervention order addresses domestic violence concern
• 16 Inconsistent Family Law Act or State child protection orders
• 17 Explanation for defendant and protected persons

Division 2--Police orders

• 18 Interim intervention order issued by police
• 19 Revocation of interim intervention order by Commissioner of Police

Division 3--Court orders

• 20 Application to Court for intervention order
• 21 Preliminary hearing and issue of interim intervention order
• 22 Adjournments
• 23 Determination of application for intervention order
• 24 Problem gambling order
• 25 Tenancy order

Division 4--Variation or revocation of orders

• 26 Intervention orders
• 26A Interim variation where application made by police
• 27 Problem gambling orders

Division 5--Evidentiary matters

• 28 Burden of proof
• 28A Use of recorded evidence where application made by police
• 29 Special arrangements for evidence and cross-examination

PART 3A--National recognition of domestic violence orders

Division 1--Preliminary

• 29A Interpretation
• 29B Registered foreign orders
• 29C Domestic violence concern

Division 2--National recognition of DVOs

• 29D Recognition of DVOs
• 29E Variations to DVOs
• 29F Revocation of recognised DVO
• 29G Recognised DVO prevails over earlier comparable DVOs
• 29H Making of new orders
Subdivision 2--Enforcement of recognised DVOs
• 29I Recognised DVOs and variations are enforceable against defendant
• 29J Properly notified--meaning
• 29K Contravention of enforceable recognised DVO
Subdivision 3--Enforcement of non-local DVOs
• 29L Non-local DVO to be treated as local DVO
• 29M Licences, permits and other authorisations
• 29N Recognition of disqualification to hold firearms licence
• 29O Orders for costs

Division 3--Variation and revocation of recognised non-local DVOs

• 29P Power of Court to vary or revoke recognised non-local DVOs
• 29Q Application for variation or revocation of recognised non-local DVO
• 29R Decision about hearing of application

Division 4--Exchange of information

• 29S Issuing authorities may obtain DVO information
• 29T Issuing authorities must provide DVO information
• 29U Law enforcement agencies may obtain DVO information
• 29V Information to be provided to law enforcement agencies

Division 5--Miscellaneous

• 29W Certificate evidence--notification

Division 6--Transitional provisions

• 29X Interpretation
• 29Y Enforcement of DVOs under other provisions
Subdivision 2--DVOs to which scheme applies
• 29Z DVOs made in this jurisdiction
• 29ZA DVOs made in other jurisdictions
Subdivision 3--Extension of scheme to older DVOs
• 29ZB DVOs declared to be recognised DVOs
• 29ZC DVOs declared to be recognised in other jurisdictions before commencement date
Subdivision 4--Power to declare DVO to be recognised
• 29ZCA Interpretation
• 29ZD Power to declare DVO to be recognised
• 29ZE Application for order
• 29ZF Declarations relating to general violence orders

PART 4--Foreign intervention orders

• 30 Registration of foreign intervention orders

PART 5--Offences and enforcement

Division 1--Offences

• 31 Contravention of intervention order
• 31A Special provisions applying to review or appeal in relation to certain offences against section 31
32. Landlord not to allow access to excluded defendant
• 33 Publication of report about proceedings or orders

Division 2--Special police powers

• 34 Powers facilitating service of intervention order
• 35 Powers following service of intervention order
• 36 Power to arrest and detain for contravention of intervention order
• 37 Power to search for weapons and articles required to be surrendered by intervention order

Division 3--Disclosure of information

• 38 Disclosure to police of information relevant to locating defendant

PART 6--Miscellaneous

• 39 Delegation by intervention program manager
• 40 Dealing with items surrendered under intervention order
• 41 Evidentiary provision
• 42 Regulations
• SCHEDULE 1--Transitional provisions
Legislative history