Division 2Division 2 Apprehended violence orders generally
562BA Orders made with consent of parties
(1) A court may make an apprehended violence order under section 562AE or 562AI, or an interim apprehended violence order under section 562BB, without being satisfied as to the matters referred to in section 562AE, 562AI or 562BB (as appropriate) if the complainant and the defendant consent to the making of the order.(2) Such an order may be made whether or not the defendant admits to any or all of the particulars of the complaint.(3) Before making such an order, the court may conduct a hearing in relation to the particulars of the complaint only if:(a) the order to be made by the court is final (that is, the order is not an interim apprehended violence order), and(b) the court is of the opinion that the interests of justice require it to conduct the hearing.
(1) A court may make an interim apprehended violence order (an interim order) if it appears to the court that it is necessary or appropriate to do so in the circumstances.(1A) An interim order may be either an interim apprehended domestic violence order or an interim apprehended personal violence order.(2) An interim order may be made by a court whether or not:(a) the defendant is present at the proceedings, or(b) the defendant has been given notice of the proceedings.(3) A court may, in deciding whether to make an interim order, admit affidavit evidence tendered on behalf of the person for whose protection the order would be made if:(a) the person is unable, for any good reason, to be present at the proceedings, and(b) the court is satisfied that the matter requires urgent consideration by the court.(4) If an interim order is made by a court:(a) the court is to summon the defendant to appear at a further hearing of the matter by the court as soon as practicable after the order is made, and(b) the court may, at the further hearing or an adjourned further hearing, confirm the interim order (with or without variation) or revoke the interim order (whether or not the defendant appears at any such further hearing).(5) An interim order is confirmed by the making of an order under section 562AE or 562AI as appropriate against the defendant (with or without variation). In that case, the interim order ceases to have effect when the order under section 562AE or 562AI as appropriate is made (in the case of a defendant who is then present in court) or when the defendant is served under section 562J with a copy of the record of the order under section 562AE or 562AI as appropriate (in any other case).(6) An interim order has, while it remains in force, the same effect as an order made under section 562AE or 562AI as appropriate.(7), (8) (Repealed)
562BBA Interim orders made by registrar of court with consent
(1) The registrar of a Local Court or the Children’s Court may, on complaint being made for an apprehended violence order, make an interim apprehended violence order if the registrar is satisfied that the complainant and the defendant consent to the making of the order.(2) Section 562BA applies in relation to the making of an order by the registrar of a court under this section in the same way as it applies to the making of an interim apprehended violence order by a court.(3) If an interim apprehended violence order is made by a registrar:(a) the registrar is to summon the defendant to appear at a further hearing of the matter before a court as soon as practicable after the order is made, and(b) the court may, at the further hearing or an adjourned hearing, confirm the order (with or without variation) or revoke the order.(4) An interim apprehended violence order made by a registrar is confirmed by the making of an order by a court under section 562AE or 562AI as appropriate against the defendant (with or without variation). The interim order ceases to have effect when the court order is made (in the case of a defendant who is then present in court) or when the defendant is served under section 562J with a copy of the record of the court order under section 562AE or 562AI as appropriate (in any other case).(5) An interim apprehended violence order made by the registrar of a Local Court or the Children’s Court under this section is taken to have been made by a Local Court or the Children’s Court (as appropriate) and has effect accordingly.(6) Section 562GC applies to a registrar who makes an interim apprehended violence order under this section.(7) (Repealed)
562BBB Extension of interim order by registrar of court with consent
(1) The registrar of a Local Court or the Children’s Court may vary an interim apprehended violence order made by the court (or by a registrar of the court) by extending the period during which the order is to remain in force, but only if the registrar is satisfied that the complainant and the defendant consent to the extension.(2) Such a variation has effect as if it had been made by a Local Court or the Children’s Court (as appropriate) and section 562GC applies in respect of the registrar accordingly.(3) (Repealed)
562BC Order prohibits stalking, intimidation etc
Unless otherwise ordered, every order is taken to specify that the defendant is prohibited from doing any of the following:(a) engaging in conduct that intimidates the protected person or a person with whom he or she has a domestic relationship,(b) stalking the protected person.
562BD Order can also protect persons with whom person seeking protection has a domestic relationship
(1) The power of a court under this Part to make an order for the protection of a person extends to authorise the making of an order for the protection of a person with whom the person for whose protection the order was applied for has a domestic relationship.(2) Without limiting subsection (1), an order may be made for the protection of a child under the age of 16 years with whom the person for whose protection the order was applied for has a domestic relationship even though a complaint for the order was not made by a police officer.
562BE Order must be made on guilty plea or guilt finding for certain offences
(1) If a person pleads guilty to, or is found guilty of, an offence against section 562AB or a domestic violence offence, the court must make an order under this Part for the protection of the person against whom the offence was committed, as if a complaint for an apprehended violence order had been made under this Part.(1A) If a person pleads guilty to, or is found guilty of, an offence against section 562AB or a domestic violence offence, the court may vary an order under this Part for the purpose of providing greater protection for the person against whom the offence was committed, as if an application to vary an apprehended violence order had been made under this Part.(2) However, the court need not make an order under this section if it is satisfied that it is not required (for example, because an order has already been made against the person or the person for whose protection the order would be made opposes the making of the order).(3) A reference in this section to a court extends to the District Court when exercising jurisdiction apart from under section 562G.(4) Without limiting the interpretation of the expression, a reference in this section to a finding of guilt includes a reference to the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999.
562BF Order must be made on charge for certain offences
(1) When a person stands charged before a court with an offence that appears to the court to be an offence against section 562AB or a domestic violence offence, the court must make an interim apprehended violence order under section 562BB against the defendant for the protection of the person against whom the offence appears to have been committed, as if a complaint for an order had been made under section 562C.(2) If an interim order is made by the court, the court is to summon the defendant to appear at a further hearing of the matter on the determination of the charge against the person (instead of as soon as practicable after the order is made, as required by section 562BB (4) (a)).(3) However, the court need not make an order under this section if it is satisfied that it is not required (for example, because an order has already been made against the person or the person for whose protection the order would be made opposes the making of the order).(4) A reference in this section to a court extends to the District Court when exercising jurisdiction apart from under section 562G.
562C Making of complaint for court order
(1) A complaint for an order:(a) may be made orally or in writing to a justice of the peace, and(b) shall be substantiated on oath before the justice of the peace.(2) A complaint for an order may be made only by:(a) a person for whose protection the order would be made, or(b) a police officer.(2A) Despite subsection (2), only a police officer can make a complaint for an order if the person for whose protection the order would be made is a child under the age of 16 years at the time of the complaint.(3) A police officer must make a complaint for an order if the police officer suspects or believes that any of the following offences has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made:(i) a domestic violence offence,(ii) an offence against section 562AB,(iii) an offence under section 227 (Child and young person abuse) of the Children and Young Persons (Care and Protection) Act 1998 (but only if the person is a child under the age of 16 years).(3A) A police officer need not make a complaint for an order in the circumstances referred to in subsection (3) if the person for whose protection an order would be made is at least 16 years of age at the time and the police officer believes:(a) that the person intends to make the complaint, or(b) that there is good reason not to make the complaint.However, if the police officer believes that there is good reason not to make the complaint, the police officer must make a written record of the reason.
(4) A complaint for an order may be made by or on behalf of more than one person.(5) The time within which a complaint for an order may be made is not limited by section 179 of the Criminal Procedure Act 1986.(6) A court may deal with a complaint even though the court has only a facsimile transmission or other copy of the complaint.(7) A complainant for an order who is 16 years of age or over, but under 18 years of age, has full capacity to make the complaint and to apply for a variation or revocation of the order.
562D Prohibitions and restrictions imposed by orders
(1) Without limiting the generality of sections 562AE and 562AI, an order may do all or any of the following:(a) prohibit or restrict approaches by the defendant to the protected person,(b) prohibit or restrict access by the defendant:(i) to any premises occupied by the protected person from time to time or to any specified premises occupied by the protected person,(ii) to any place where the protected person works from time to time or to any specified place of work of the protected person,(iii) to any specified premises or place frequented by the protected person,whether or not the defendant has a legal or equitable interest in the premises or place,(c) prohibit or restrict the possession of all or any specified firearms by the defendant,(d) prohibit or restrict specified behaviour by the defendant which might affect the protected person.(2) In deciding whether or not to make an order which prohibits or restricts access to the defendant’s residence, the court is to consider:(a) the accommodation needs of all relevant parties, and(b) the effect of making an order on any children living or ordinarily living at the residence, and(c) the consequences for the person for whose protection the order would be made and any children living or ordinarily living at the residence if an order restricting access by the defendant to the residence is not made.(3) If the court makes an order which prohibits or restricts the possession of firearms by the defendant, the court may by the order require the defendant to dispose of firearms in the defendant’s possession and to surrender to the Commissioner of Police any licence, permit or other authority under the Firearms Act 1996 or the Weapons Prohibition Act 1998 held by the defendant.
562DA Reasons to be given if order does not prohibit or restrict access to premises or place
If application is made for an order that prohibits or restricts access by the defendant to any premises or place (as referred to in section 562D (1) (b)) and the court hearing proceedings in respect of the application decides to make an order without the prohibition or restriction sought, the court must explain the reasons for that decision.
(1) An order (other than an interim order) remains in force for such period as is specified in the order by the court.(2) The period specified in the order by the court is to be as long as is necessary, in the opinion of the court, to ensure the protection of the protected person.(3) If the court fails to specify a period in the order, the order remains in force for a period of 6 months.(4) An interim order made by a court remains in force until:(a) it is revoked, or(b) it ceases to have effect under section 562BB (5), or(c) the relevant complaint is withdrawn or dismissed,whichever first occurs.
562F Variation or revocation of court orders
(1) If an order is made:(a) the protected person (whether or not the complainant),(b) if the complainant was a police officer—that or any other police officer, or(c) the defendant,may, at any time, apply to a court for the variation or revocation of the order.(2) Notwithstanding subsection (1), an application must be made by a police officer if the protected person is a child under the age of 16 years at the time of the application.(2A) The application must set out the grounds on which the application is made and, in the case of a variation, the nature of the variation sought. This subsection does not limit the powers of the court.(3) The court may, if satisfied that in all the circumstances it is proper to do so, vary or revoke the order.(4) In particular, an order may be varied under this section:(a) by extending or reducing the period during which the order is to remain in force,(b) by amending or deleting any prohibitions or restrictions specified in the order, or(c) by specifying additional prohibitions or restrictions in the order.(4A) The court may decline to hear an application for variation or revocation of an order if the court is satisfied that there has been no change in the circumstances on which the making of the order was based and that the application is in the nature of an appeal against the order.(4B) If there is more than one protected person under an order, the following additional provisions apply to the variation or revocation of the order under this section:(a) the order need not be varied or revoked in its application to all of the protected persons and can be varied or revoked in its application to any one or more of the protected persons,(b) it is not necessary for all of the protected persons to have applied for the variation or revocation,(c) if the application for variation or revocation was made by one of the protected persons, none of the other protected persons can be the subject of the variation or revocation unless the court is satisfied that:(i) he or she is at least 16 years of age and has consented to the variation or revocation, or(ii) he or she is a child under the age of 16 years and (in the case of revocation) is no longer in need of protection or (in the case of variation) is no longer in need of greater protection than that which will be afforded by the order as proposed to be varied,(d) if a child under the age of 16 years is one of the protected persons it does not matter that the application for variation or revocation was made by a person other than a police officer.(4C) If a child under the age of 16 years is a protected person under an order made under section 562BD, the applicant for the order (even if he or she is not a protected person under the order) can apply for the variation or revocation of the order in its application to the child. The court is not to grant the application unless satisfied that the child is (in the case of revocation) no longer in need of protection or (in the case of variation) no longer in need of greater protection than that which will be afforded by the order as proposed to be varied.(5) An order shall not be varied or revoked on the application of the defendant unless notice of the application has been served on the protected person.(6) An order shall not be varied or revoked on the application of the complainant or protected person unless notice of the application has been served on the defendant.(7) Notice of an application shall be served personally or in such other manner as the court hearing the application directs.(8) Despite subsection (6), the court may make an order extending the period during which the order is to remain in force without notice of the relevant application having been served on the defendant, if:(a) the applicant lodged the application no later than 21 days before the day on which the order is due to expire, and(b) the application is listed for mention before the court no later than 14 days after the day the application was lodged, and(c) notice of the application has not been served on the defendant by the time the matter is heard by the court,but, unless sooner revoked, such an order ceases to have effect 21 days after it is made or on an earlier date specified in the order. However, further orders may be made from time to time under this subsection before the order ceases to have effect.
562FA Consideration of contact with children
(1) A person who applies for, or for a variation of, an apprehended violence order must inform the court of:(a) any relevant family contact order of which the person is aware, or(b) any pending application for a relevant family contact order of which the person is aware.The court is required to inform the applicant of the obligation of the applicant under this subsection.
(2) In deciding whether or not to make or vary an apprehended violence order, the court must:(a) consider whether contact between the protected person, or between the defendant, and any child of either of those persons is relevant to the making or variation of the order, and(b) have regard to any relevant family contact order of which the court has been informed.(3) An apprehended violence order, or a variation of such an order, is not invalid merely because of a contravention of this section.(4) Subsection (1) applies to applications made after the commencement of this section and subsection (2) applies to the making or variation of apprehended violence orders after that commencement.(5) In this section:application for an order means a complaint for an order.
apprehended violence order includes an interim order under section 562BB, but does not include a telephone interim order.
protected person means the person for whose protection an order is made or sought.
relevant family contact order means a section 68R contact order (within the meaning of Division 11 of Part 7 of the Family Law Act 1975 of the Commonwealth) that relates to contact between the protected person, or between the defendant, and any child of either of those persons.
562G Courts authorised to make orders etc
(1) The following courts have jurisdiction (in the circumstances specified) to make orders under this Part:(a) a Local Court—except where the defendant is less than 18 years of age at the time the complaint is made,(b) the Children’s Court—where the defendant is less than 18 years of age at the time the complaint is made,(c) the District Court—where a complaint by or on behalf of the person for whose protection an order is sought has been dismissed by a Local Court or the Children’s Court.(2) A Local Court has jurisdiction to vary or revoke an order made by it or any other court (except where the defendant is less than 18 years of age at the time the application for the variation or revocation is made).(3) The Children’s Court has jurisdiction to vary or revoke an order made by it irrespective of the age of the defendant at the time the application for variation or revocation is made.(4) (Repealed)(5) An order made by a Local Court for the purposes of this Part is not invalid on the ground that it was made in the mistaken belief that the defendant was of or above 18 years of age at the time the complaint was made.
(1) A court that makes an order must explain to the defendant and the protected person (if either of them is present at the time the order is made):(a) the effect of the order (including any prohibitions and restrictions imposed by the order), and(b) the consequences that may follow from a contravention of the order, and(c) the rights of the defendant and the protected person in relation to the order.(2) A court that varies an order must explain to the defendant and the protected person (if either of them is present at the time the order is made):(a) the effect of the variation, and(b) the consequences that may follow from a contravention of the order as varied.(3) A court that makes or varies an order is also to cause a written explanation of the matters required to be explained under this section to be given to the defendant and protected person.(4) In so far as it is reasonably practicable to do so, an explanation under this section is to be given in a language that is likely to be readily understood by the person being given the explanation.(5) A failure to comply with this section in relation to an order or variation of order does not affect the validity of the order or variation.
(1) Application by telephone
A police officer may apply by telephone to an authorised justice for an interim apprehended violence order.(1A) Such an interim apprehended violence order may be either an interim apprehended domestic violence order or an interim apprehended personal violence order.(2) When application may be made
An application may be made by telephone in the following circumstances:(a) an incident occurs involving the person against whom the order is sought to be made and the person who would be protected by the order, and(b) it is not practicable to make an immediate complaint for an interim order by a court because of the time at which, or the place at which, the incident occurs, and(c) the police officer attending the incident has good reason to believe an order is necessary to ensure the safety of the person who would be protected by the order or to prevent substantial damage to any property of that person.(2A) Obligation to apply for order in certain circumstances
The police officer attending the incident concerned must make an application under this section if the police officer suspects or believes that a domestic violence offence, or an offence under section 227 (Child and young person abuse) of the Children and Young Persons (Care and Protection) Act 1998 against a child under the age of 16 years, has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made.(2B) Exceptions to requirement to apply for order
A police officer need not make an application for an order in the circumstances referred to in subsection (2A) if the person for whose protection an order would be made is at least 16 years of age at the time of the incident and the police officer believes:(a) that the person intends to make a complaint for an order, or(b) that there is good reason not to make the application.However, if the police officer believes that there is good reason not to make the application, the police officer must make a written record of the reason.
(3) Making of interim order
An authorised justice to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, make the interim apprehended violence order (a telephone interim order).(4) Standard terms of order
A telephone interim order is an order that states that the defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person. Nothing in this subsection affects section 562BC.(5) Further terms of orders
If the police officer making the application for the telephone interim order has good reason to believe that the safety of the protected person is in imminent danger from the defendant, the police officer may, in the application, request the authorised justice to impose all or any of the following prohibitions or restrictions on the behaviour of the defendant:(a) prohibiting or restricting approaches by the defendant to the protected person,(b) prohibiting or restricting access by the defendant to any or all of the following:(i) any premises occupied by the protected person from time to time or any specified premises occupied by the protected person,(ii) any place where the protected person works from time to time or any specified place of work of the protected person,(iii) any specified premises or place frequented by the protected person,whether or not the defendant has a legal or equitable interest in the premises or place,(c) prohibiting or restricting the defendant from approaching the protected person, or any such premises or place, within 12 hours of consuming intoxicating liquor or illicit drugs,(d) prohibiting the defendant from destroying or deliberately damaging or interfering with the protected person’s property.The authorised justice may impose any or all of those prohibitions or restrictions by the order if satisfied there are reasonable grounds for doing so.
(5A) Summons
A telephone interim order is taken, for the purposes of this Part, to be a complaint for an order under section 562C. The telephone interim order is to contain a summons for the appearance of the defendant at a hearing of the complaint by an appropriate court on a date specified in the order by the authorised justice who makes it (being a date that is as soon as practicable after the order is made).(6) Recording of order
The authorised justice who makes a telephone interim order is to inform the applicant of the terms of the order, the date of the hearing of the complaint and the date and time when the order was made. The applicant is to complete a form of order in the terms so indicated and write on it the date of the hearing of the complaint, the name of the authorised justice and the date and time when the order was made. The order so completed is taken to be an order duly made under this section.(7) Facsimile transmission
An authorised justice may, instead of proceeding under subsection (6), furnish the telephone interim order to the applicant by facsimile transmission. In that case, the copy produced by the transmission is taken to be the original document.(8) Service
A telephone interim order is to be served personally on the defendant by a police officer as soon as practicable after it is made.(9) Duration
A telephone interim order remains in force until midnight on the fourteenth day after the order is made, unless it is sooner revoked or it otherwise ceases to have effect.(9A) Extended period in special circumstances
Despite subsection (9), a telephone interim order may be made under subsection (3) for an extended period lasting until midnight on the twenty-eighth day after the order is made (unless it is revoked or it otherwise ceases to have effect) if the authorised justice is satisfied that the Local Court closest to the place at which the application for the order is made is not sitting within the fourteen-day period following the making of the order.(9B) Objection by defendant to extended period
An order may not be made under subsection (9A) for the extended period if the defendant:(a) is present at the place where the application is made, and(b) objects, verbally or otherwise, when the application is made to the making of the order for the extended period.(9C) Notification of defendant
A police officer must notify the defendant:(a) at the time the application is made if the defendant is present at the place the application is made, of the defendant’s right to object under subsection (9B) to the making of the order for an extended period, and(b) at the time the order is served, of the defendant’s right to apply to have the extended period of the order reduced, or the terms of the order varied under subsection (9D).(9D) Application for reduction or variation of extended period of the order
If the defendant objects to the extended period of the order, the defendant may apply to:(a) the authorised justice who made the order or any other authorised justice, or(b) a Local Court,to have the extended period reduced, or the terms of the order varied.(9E) Reduction or variation of extended period
On application by the defendant, an authorised justice or a Local Court may reduce the extended period of the order or vary the terms of the order.(9F) Notification of application for reduction or variation
The extended period of a telephone interim order must not be reduced, or the terms of the order varied, unless notice of the application has been served on the Commissioner of Police.(9G) Notice of reduction or variation
Notice of any reduction or variation is to be served on the defendant, the protected person and the Commissioner of Police.(10) Court order
A telephone interim order ceases to have effect if a court makes an order against the defendant for the protection of the person protected by the telephone interim order. The telephone interim order ceases to have effect when the court order is made (in the case of a defendant who is present at court) or when the defendant is served under section 562J with a copy of the record of the order (in any other case).(11) Revocation
A telephone interim order may be revoked by:(a) the authorised justice who made it or any other authorised justice, or(b) any court dealing with a complaint for an order against the same defendant.Notice of the revocation is to be served on the defendant, the protected person and the Commissioner of Police.
(12) Detention of defendant
A police officer who makes or is about to make an application for a telephone interim order may direct the person against whom the order is sought to remain at the scene of the incident concerned. If the person refuses to do so, the police officer may arrest and detain the person at the scene of the incident, or arrest and take the person to a police station and there detain the person, until the order is made and served.(13) Excluded provisions
Sections 562C–562GC and 562J–562N do not apply to telephone interim orders.(14) Miscellaneous matters relating to applications
An application for a telephone interim order:(a) may be made at the request of the protected person or on the police officer’s own initiative, and(b) may be transmitted to the authorised justice by another person on behalf of the applicant if it is not practicable for the application to be made by the person by telephone directly to the authorised justice.(15) Miscellaneous matters relating to orders
A telephone interim order:(a) may not include prohibitions or restrictions referred to in subsection (5) if the defendant is under 16 years of age, and(b) may not be renewed and a further telephone interim order may not be made in respect of the same incident.(15A) Purported renewal or continuance
However, if a court purports to renew or continue a telephone interim order, the order is taken to be an interim apprehended violence order made by the court at that time. An authorised justice may at any time make an endorsement on the order to that effect and make any appropriate amendments to the order, but that action is not a necessary prerequisite to its status as an interim apprehended violence order. Further service of the order is not required.(16) Definitions
In this section:authorised justice means:
(a) a Magistrate, or(b) an authorised officer within the meaning of the Criminal Procedure Act 1986, or(c) a person who is employed in the Attorney General’s Department and who is declared under the Search Warrants Act 1985 to be an authorised justice for the purposes of that Act.telephone includes radio, facsimile and any other communication device.
562I Offence of contravening order
(1) A person who knowingly contravenes a prohibition or restriction specified in an order made against the person is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
(2) A person is not guilty of an offence under this section unless:(a) the person was served under section 562J with a copy of the record of the order concerned or was present in court when the order was made, or(b) in the case of a telephone interim order—the person was served with the order or a copy of the order under section 562H.(2A) Unless the court otherwise orders, if a person is convicted of an offence against this section, the person must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person. This subsection does not apply if the person convicted was under 18 years of age at the time of the alleged offence.(2B) (Repealed)(2C) Where the court determines not to impose a sentence of imprisonment, it must give its reasons for not doing so.(3) If a member of the Police Force believes on reasonable grounds that a person has committed an offence against this section, the member of the Police Force may, without warrant, arrest and detain the person.(4) A person so arrested and detained shall be brought as soon as practicable before a court to be dealt with for the offence.(5) Proceedings for an offence against this section shall be dealt with summarily before a Local Court.(6) If:(a) a police officer believes on reasonable grounds that:(i) a person has committed an offence against this section, or(ii) a person, in respect of whom an alleged breach of this section has been reported to that or another police officer, has not committed an offence against this section, and(b) that or another police officer:the police officer must make a written record of the reasons for the decision.(i) decides not to initiate criminal proceedings against the person, in respect of the alleged offence, whether or not the person has been arrested, or(ii) decides not to proceed with criminal proceedings,
(1) The registrar of a court which makes an order, or varies or revokes an order, shall prepare a written record of the order or of the variation or revocation.(2) The registrar of the court is to serve a copy of the record of the order (or of the variation of the order) personally on the defendant if the defendant is present in court.(2A) If the defendant is not present at the time the order or variation is made the registrar is to arrange for a copy of the record to be served personally on the defendant by a police officer or such other person as the registrar thinks fit.(2AA) If the defendant is present at the time the order or variation is made but the registrar is unable to serve a copy of the record personally on the defendant, the registrar is to arrange for a copy of the order to be sent by post to the defendant or to such other person as the registrar thinks fit.(2B) Service on the defendant of the copy of the record of the order concerned may be effected in such other manner as the court directs.(3) The registrar of the court shall cause:(a) a copy of the record of an order, or of the variation or revocation of an order, and(b) a copy of any complaint for an order,to be forwarded to the Commissioner of Police and (unless it is impracticable or unnecessary to do so) to be given to or sent by post to each protected person.(4) The Commissioner of Police is to make a record of the details of the material forwarded to the Commissioner under this section and is to retain that record for at least 10 years after the order to which it relates ceases to be in force.
562L Application of Bail Act 1978
If a complaint for an order is made, the Bail Act 1978 applies to the defendant as if:(a) where the defendant is arrested pursuant to a warrant issued under this Part or first appears before a court in answer to a summons so issued—the defendant were an accused person charged with an offence, and(b) proceedings in respect of the complaint or order were proceedings in respect of an offence to which section 8 of the Bail Act 1978 applies.
(1) Subject to this section:(a) a court may, in proceedings under this Part, award costs to the complainant or the defendant, and(b) such costs are to be determined in accordance with Division 4 of Part 2 of Chapter 4 of the Criminal Procedure Act 1986.(2) A court is not to award costs against a complainant who is the person for whose benefit an apprehended domestic violence order is sought unless satisfied that the complaint was frivolous or vexatious. This subsection has effect despite any other Act or law.(3) A court is not to award costs against a police officer who makes a complaint unless satisfied that the police officer made the complaint knowing it contained matter that was false or misleading in a material particular. This subsection has effect despite any other Act or law.(4) The following provisions have effect in relation to the District Court:(a) Subsection (1) applies to the District Court only when it is exercising original jurisdiction under section 562W.(b) Division 4 of Part 2 of Chapter 4 of the Criminal Procedure Act 1986, in its application to the District Court when exercising that jurisdiction, applies to the District Court in the same way as it applies to a Justice or Justices (and with any prescribed modifications).(c) This section does not affect the operation of any provisions of the Criminal Procedure Act 1986 or any other Act or law relating to the payment of costs in proceedings in an appeal to the District Court.
562NA Measures to protect children in AVO proceedings
(1) If an order is sought or proposed to be made for the protection of a child under the age of 16 years, or an application is made for the variation or revocation of such an order, proceedings in relation to that order or application are to be heard in the absence of the public unless the court hearing the proceedings otherwise directs.(2) Even if proceedings referred to in this section are open to the public, the court hearing the proceedings may direct any person (other than a person who is directly interested in the proceedings) to leave the place where the proceedings are being heard during the examination of any witness.(3) In proceedings on an application for an order or for the variation or revocation of an order, a child under the age of 16 years should not be required to give direct evidence about a matter unless the court is of the opinion that in the absence of the child’s evidence insufficient evidence about the matter will be adduced.(4) (Repealed)
562NB Publication of names and identifying information about children under 16 involved in AVO proceedings
(1) The name of a child:(a) for whose benefit or against whom an order is sought in any relevant proceedings, or(b) who appears, or is reasonably likely to appear, as a witness before a court in any relevant proceedings, or(c) who is, or is reasonably likely to be, mentioned or otherwise involved in any relevant proceedings,must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.(2) A person who publishes or broadcasts the name of a child in contravention of subsection (1) is guilty of an offence.Maximum penalty: 200 penalty units or imprisonment for a period not exceeding 2 years or both (in the case of an individual) or 2,000 penalty units (in the case of a corporation).
(3) Subsection (1) does not prohibit:(a) the publication or broadcasting of an official report of the proceedings of a court that includes the name of any child the publication or broadcasting of which would otherwise be prohibited by subsection (1), or(b) the publication or broadcasting of the name of a child with the consent of the court.(4) For the purposes of this section, a reference to the name of a child includes a reference to any information, picture or other material:(a) that identifies the child, or(b) that is likely to lead to the identification of the child.(5) The offence created by this section is an offence of strict liability.(6) In this section:child means a person who is under the age of 16 years.
court includes the registrar of a Local Court or the Registrar of the Children’s Court.
relevant proceedings means proceedings in or before a court under this Part for or relating to an apprehended violence order.
562NC Publication of names and identifying information about persons involved in ADVO proceedings
(1) A court may direct that the name of a person (other than a child to whom section 562NB applies):(a) for whose benefit or against whom an order is sought in any relevant proceedings, or(b) who appears, or is reasonably likely to appear, as a witness before a court in any relevant proceedings, or(c) who is, or is reasonably likely to be, mentioned or otherwise involved in any relevant proceedings,must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.(2) A person who publishes or broadcasts the name of a person in contravention of a direction under subsection (1) is guilty of an offence.Maximum penalty: 200 penalty units or imprisonment for a period not exceeding 2 years or both (in the case of an individual) or 2,000 penalty units (in the case of a corporation).
(3) Subsection (1) does not prohibit:(a) the publication or broadcasting of an official report of the proceedings of a court that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by subsection (1), or(b) the publication or broadcasting of the name of a person with the consent of the person or of the court.(4) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material:(a) that identifies the person, or(b) that is likely to lead to the identification of the person.(5) The offence created by this section is an offence of strict liability.(6) A court may vary or revoke a direction given by a court under this section. However, only the District Court may vary or revoke a direction given by the District Court.(7) Nothing in this section affects section 562NB.(8) In this section:court includes the registrar of a Local Court or the Registrar of the Children’s Court.
relevant proceedings means proceedings in or before a court under this Part for or relating to an apprehended domestic violence order.
562ND Right to presence of supportive person
(1) In this section:party to a proceeding in relation to a complaint for or application relating to an order means the person for whose protection the order is sought or the defendant, but does not include a child to whom section 27 of the Evidence (Children) Act 1997 applies in relation to the proceeding.
(2) A party to a proceeding in relation to a complaint for or application relating to an order who gives evidence in the proceeding is entitled to choose a person whom the party would like to have present near him or her when giving evidence.(3) Without limiting a party’s right to choose such a person, that person:(a) may be a parent, guardian, relative, friend or support person of the party, and(b) may be with the party as an interpreter, for the purpose of assisting the party with any difficulty in giving evidence associated with a disability, or for the purpose of providing the party with other support.(4) To the extent that the court considers it reasonable to do so, the court must make whatever direction is appropriate to give effect to a party’s decision to have such a person present near the party, and within the party’s sight, when the party is giving evidence.(5) The court may permit more than one support person to be present with the party if the court thinks that it is in the interests of justice to do so.
562O Concurrent criminal proceedings
(1) A court may make an order against a defendant even though the defendant has been charged with an offence arising out of the same conduct as that out of which the complaint for the order arose.(2), (3) (Repealed)
(1) In this section, the amending Act means the Crimes (Apprehended Violence) Amendment Act 1989.(2) An order in force under this Part immediately before the commencement of Schedule 1 (6) to the amending Act shall be taken to be an order under this Part, as amended by the amending Act.(3) A complaint for an order under this Part, or an application for the variation or revocation of such an order, pending on the commencement of Schedule 1 (6) to the amending Act, shall be taken to be a complaint or an application under this Part, as amended by the amending Act.(4) A reference to an apprehended domestic violence order in any other Act or instrument shall be taken to include a reference to an order under this Part, as amended by the amending Act.