Crimes (Domestic and Personal Violence) Act 2007 No 80
Current version for 28 March 2020 to date (accessed 6 June 2020 at 12:56)
Part 13B Division 1
Division 1 Preliminary
98R   Object of Part
This Part establishes, in conjunction with the corresponding laws, a national recognition scheme for DVOs (or domestic violence orders).
98S   Definitions
In this Part—
corresponding law means a law of another jurisdiction that contains provisions that substantially correspond with this Part or a law of another jurisdiction that is declared by the regulations to be a corresponding law for the purposes of this Part.
defendant means the person against whom a DVO is made.
domestic violence concern—see section 98W.
DVO (or domestic violence order) means a local DVO, an interstate DVO or a foreign order.
final DVO means a DVO that is not an interim DVO.
foreign order means a New Zealand DVO.
general violence order means—
(a)  an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia, or
(b)  a violence restraining order under the Restraining Orders Act 1997 of Western Australia, other than—
(i)  a violence restraining order made under section 11B of that Act, or
(ii)  a police order under that Act.
interim DVO means a DVO that is of an interim or provisional nature and, to avoid doubt, includes the following—
(a)  any DVO made by a police officer,
(b)    (Repealed)
(c)  a temporary protection order under the Domestic and Family Violence Protection Act 2012 of Queensland,
(d)  any DVO declared by the regulations to be an interim DVO.
interstate DVO—see section 98U.
interstate law enforcement agency means—
(a)  the police force of another jurisdiction, or
(b)  any other agency of another jurisdiction responsible for the enforcement of DVOs in that jurisdiction.
issuing authority means a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction.
issuing jurisdiction for a DVO means the jurisdiction in which the DVO is made.
jurisdiction means a State or Territory.
local DVO—see section 98T.
local law enforcement agency means the NSW Police Force.
make includes issue.
New Zealand DVO means an order made under the Domestic Violence Act 1995 of New Zealand or under an Act repealed by that Act.
non-local DVO means an interstate DVO or a foreign order.
participating jurisdiction means the following jurisdictions—
(a)  New South Wales,
(b)  a jurisdiction in which a corresponding law is enacted.
properly notified—see section 98ZE.
protected person means a person for whose protection or benefit a DVO is made.
recognised DVO—see sections 98Y and 98ZY.
recognised variation—see section 98Z.
registered foreign order—see section 98V.
revoke includes cancel.
vary a DVO includes the following—
(a)  amend or modify the DVO,
(b)  add further conditions, prohibitions or restrictions to the DVO or vary or delete conditions, prohibitions or restrictions,
(c)  extend or reduce the period in which the DVO remains in force.
98T   Local DVO
(1)  A local DVO means an apprehended domestic violence order or an interim apprehended domestic violence order made under this Act.
(2)  A registered foreign order is not a local DVO.
98U   Interstate DVO
(1)  Each of the following orders is an interstate DVO
(a)  a family violence order under the Family Violence Act 2016 of the Australian Capital Territory,
(b)  a domestic violence order under the Domestic and Family Violence Act of the Northern Territory,
(c)  a domestic violence order, police protection notice or release conditions under the Domestic and Family Violence Protection Act 2012 of Queensland,
(d)  an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia that addresses a domestic violence concern,
(e)  a family violence order (FVO), interim FVO or police family violence order (PFVO) under the Family Violence Act 2004 of Tasmania,
(f)  a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 of Victoria,
(g)  the following orders under the Restraining Orders Act 1997 of Western Australia—
(i)  a violence restraining order made before 1 July 2017 that addresses a domestic violence concern,
(ii)  a family violence restraining order,
(iii)  a police order,
(h)  any order, notice or other thing declared by the regulations to be an interstate DVO.
(2)  A registered foreign order is not an interstate DVO.
98V   Registered foreign order
A registered foreign order means a foreign order that is—
(a)  a registered external protection order under Part 13 of this Act that has been made to prevent a person acting in a manner specified in section 16, or
(b)  a registered foreign order under Part 9 of the Family Violence Act 2016 of the Australian Capital Territory, or
(c)  a registered external order under the Domestic and Family Violence Act of the Northern Territory, or
(d)  a registered foreign order under the Domestic and Family Violence Protection Act 2012 of Queensland, or
(e)  a foreign intervention order registered under Part 4 of the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia (other than an order declared under the regulations made under that Act not to be a foreign intervention order), or
(f)  an external family violence order registered under section 27 of the Family Violence Act 2004 of Tasmania, or
(g)  a corresponding New Zealand order registered under Part 10 of the Family Violence Protection Act 2008 of Victoria, or
(h)  a foreign restraining order registered under Part 7A of the Restraining Orders Act 1997 of Western Australia, or
(i)  any order declared by the regulations to be a registered foreign order.
98W   Domestic violence concerns—SA and WA orders
(1)  An intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia addresses a domestic violence concern if the order is made because the defendant has committed, or because it is feared the defendant will commit, an act of domestic abuse (within the meaning of that Act).
(2)  A violence restraining order under the Restraining Orders Act 1997 of Western Australia addresses a domestic violence concern if the order is made because the defendant has committed, or because it is feared the defendant will commit, an act of family and domestic violence (within the meaning of section 6 of that Act).
(3)  A general violence order is taken, for the purpose of this Part, to be an order that addresses a domestic violence concern if—
(a)  it is declared to be an order that addresses a domestic violence concern by the issuing authority that makes the order, or
(b)  a registrar of a court of the jurisdiction in which the order was made makes an order declaring the DVO to be a recognised DVO in that jurisdiction.
(4)  The regulations may prescribe circumstances in which an order made in a participating jurisdiction is taken, for the purpose of this Part, to be an order that addresses a domestic violence concern.
98X   Special provisions for foreign orders
(1)  For the purpose of this Part, a registered foreign order—
(a)  is taken to be made in the jurisdiction in which it is registered as a registered foreign order, and
(b)  is taken to be made when it becomes a registered foreign order in that jurisdiction.
(2)  A registered foreign order is varied or revoked, for the purpose of this Part, if its registration as a registered foreign order is varied or revoked.
(3)  A power conferred by this Part to vary or revoke a registered foreign order is a power to vary or revoke registration of the order as a registered foreign order.