Crimes (Domestic and Personal Violence) Act 2007 No 80
Division 3 Variation and revocation of recognised non-local DVOs
In this Division—court means a court of New South Wales that has power to make local DVOs.
98ZM Power of court to vary or revoke recognised non-local DVOs
(1) A court may vary or revoke a recognised DVO that is a non-local DVO in accordance with this Division as if the DVO were a local DVO.(2) A court cannot vary or revoke a non-local DVO if it is a kind of DVO that cannot be varied or revoked by a court in the jurisdiction in which the DVO was made.(3) A variation to or revocation of a recognised DVO that is done under this Division is not limited in its operation to New South Wales.(4) This Division does not apply to the variation or revocation of a foreign order that is registered as a registered foreign order in New South Wales.Note.Locally registered foreign orders (which in Part 13 are referred to as registered external protection orders) can be varied or revoked under section 98.(5) To avoid doubt, if a court varies a recognised DVO that was made in another jurisdiction, the other jurisdiction continues to be treated, for the purpose of this Part, as the jurisdiction in which the DVO was made.
98ZN Application for variation or revocation of recognised non-local DVO
(1) An application for the variation or revocation of a recognised DVO that is a non-local DVO may be made to a court as if it were an application for variation or revocation of a local DVO by any person who would be able to make the application if the DVO were a local DVO.(2) An application—(a) is to be made to a court that would have power to hear the application if the DVO were a local DVO, and(b) is to be made in accordance with any requirements that would apply if the DVO were a local DVO, and(c) may be dealt with (subject to this Division) as if the DVO were a local DVO.
98ZO Decision about hearing of application
(1) A court that deals with an application for variation or revocation of a non-local DVO may decide to hear the application or decline to hear the application.(2) In making that decision, the court may consider the following matters (to the extent relevant)—(a) the jurisdiction in which the defendant and the protected person or persons under the DVO generally reside or are employed,(b) any difficulty the respondent to the proceedings may have in attending the proceedings,(c) whether there is sufficient information available to the court in relation to the DVO and the basis on which it was made,(d) whether any proceedings are being taken in respect of an alleged contravention of the DVO and the jurisdiction in which those proceedings are being taken,(e) the practicality of the applicant (if not the defendant under the DVO) applying for and obtaining a local DVO against the defendant with similar prohibitions or restrictions,(f) the impact of the application on children who are protected persons under the DVO,(g) any other matters the court considers relevant.(3) Without limiting the court’s power to decline to hear an application, the court may decline to hear the application if the court is satisfied that there has been no material 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.(4) For the purpose of exercising its functions under this Division, a court may have regard to any information that the court considers relevant about the making or variation of a DVO that is provided by an issuing authority of any other jurisdiction.Note.Division 4 enables the court to obtain information about DVOs from other jurisdictions.(5) A court must refuse to hear an application for variation or revocation made by the defendant during any period in which, under the law of the issuing jurisdiction for the DVO, the defendant is not entitled to apply for the variation or revocation of the DVO in the issuing jurisdiction.(6) In this section, the respondent to an application for variation or revocation of a DVO means—(a) in the case of an application made by the defendant under the recognised DVO, the protected person or persons under the recognised DVO, and(b) in any other case, the defendant under the recognised DVO.