Crimes (Domestic and Personal Violence) Act 2007 No 80
Current version for 28 March 2020 to date (accessed 6 June 2020 at 12:46)
Part 10 Division 7
Division 7 Appeals
84   Review and appeal provisions concerning making etc of apprehended violence orders
(1)  An application may be made under Part 2 of the Crimes (Appeal and Review) Act 2001 by the defendant for the annulment of an apprehended violence order made by the Local Court or the Children’s Court in the same way as an application may be made under that Part by a defendant for the annulment of a conviction arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.
(1A)  A person who applied to the Local Court or the Children’s Court for an apprehended violence order may apply to the Court for the annulment of the dismissal of the application for the order by the Court, but only if the person was not in attendance before the Court when the application was dismissed.
(1B)  The Local Court or the Children’s Court may grant an application for an annulment made under subsection (1A) if it is satisfied that, having regard to the circumstances of the case, there is just cause for doing so. If such an application is granted, the Court may deal with the application for the apprehended violence order as if the application for the order had not been dismissed.
(2)  An appeal may be made to the District Court—
(a)  by the defendant against the making of an apprehended violence order by the Local Court or the Children’s Court, or
(a1)  by the applicant for an apprehended violence order (or, if the applicant was a police officer, either the applicant or the person for whose protection the order would have been made) against the dismissal of the application by the Local Court or the Children’s Court, or
(b)  by the applicant for an order or a defendant against the awarding of costs under section 99 of this Act, or
(c)  by a party to an apprehended violence order against the variation or revocation of the order by the Local Court or the Children’s Court, or
(d)  by a party to an apprehended violence order against a refusal by the Local Court or the Children’s Court to vary or revoke the order, or
(e)  by a party to a non-local domestic violence order against the variation or revocation of the order by the Local Court or the Children’s Court or against a refusal by the Local Court or the Children’s Court to vary or revoke the order.
(3)  An appeal under subsection (2)—
(a)  may be made under Part 3 of the Crimes (Appeal and Review) Act 2001 in the same way as an application may be made under that Part by a defendant against a conviction arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986, and
(b)  may be made only by leave of the District Court in the case of an appeal against the making of an apprehended violence order that was made with the consent of the defendant.
(4)  The Crimes (Appeal and Review) Act 2001 applies to an application or appeal arising under this section with such modifications as are made by or in accordance with the regulations under that Act.
(5)  For the purposes of this section and the Crimes (Appeal and Review) Act 2001, an order made by a Registrar of a court is taken to have been made by the court.
(5A)  Part 6 (Interim court orders) applies to proceedings with respect to an appeal to the District Court under subsection (2) in the same way as it applies to an application to the Local Court or the Children’s Court under Part 4 or 5.
(5B)  If the District Court allows an appeal made under this section against the refusal to annul an apprehended violence order and remits the matter to the Local Court or the Children’s Court, the District Court must, unless the District Court is satisfied that it is not necessary to do so, make an interim court order under Part 6 as if an application for such an order had been duly made.
(6)  In this section, party to an apprehended violence order means—
(a)  the protected person (whether or not the applicant), but only if the protected person is of or above the age of 16 years, or
(b)  if the applicant was a police officer, that or any other police officer, or
(c)  the defendant.
85   Presumption against stay of order
(1)  The lodging of a notice of appeal under section 84 does not have the effect of staying the operation of the order concerned.
(2)  The original court may, on application by the defendant, stay the operation of the order, if satisfied that it is safe to do so, having regard to the need to ensure the safety and protection of the protected person or any other person.
(3)  A stay on the operation of the order continues until the appeal is finally determined, subject to any order or direction of the District Court.
(4)  This section has effect despite section 84 of this Act and section 63 of the Crimes (Appeal and Review) Act 2001.
(5)  A stay on the operation of the order does not have effect if the appellant is in custody when the appeal is made, unless and until the appellant is entitled to be released on bail under section 14 of the Bail Act 2013 or bail is dispensed with under that Act. In the application of the Bail Act 2013 to the appellant, the appellant is taken to be an accused person who, because of the prohibitions and restrictions imposed by the order, is in custody.
(6)  In this section—
original court, in relation to an order, means—
(a)  the Local Court, if the order was made by the Local Court or a Registrar of the Local Court, or
(b)  the Children’s Court, if the order was made by the Children’s Court or the Registrar of the Children’s Court.