National Domestic Violence Order Scheme Act 2016

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.

In making that decision, the court may consider the following matters (to the extent relevant)—

the jurisdiction in which the respondent and the protected person or persons under the DVO generally reside or are employed;

any difficulty the respondent to the proceeding may have in attending the proceeding;

whether there is sufficient information available to the court in relation to the DVO and the basis on which it was made;

whether any proceeding is being taken in respect of an alleged contravention of the DVO and the jurisdiction in which that proceeding is being taken;

the practicality of the applicant (if not the respondent under the DVO) applying for and obtaining a local DVO against the respondent with similar prohibitions or restrictions;

the impact of the application on any children who are family members of the protected person or the respondent;

any other matters the court considers relevant.

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.

For the purpose of exercising its functions under this Part, 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.

A court must refuse to hear an application for variation or revocation made by the respondent during any period in which, under the law of the issuing jurisdiction for the DVO, the respondent is not entitled to apply for the variation or revocation of the DVO in the issuing jurisdiction.