1Short title
This is the Domestic Violence Orders (National Recognition) Act 2017.
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Bill homepageThis is the Domestic Violence Orders (National Recognition) Act 2017.
This Act comes into operation as follows —
sections 1 and 2 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
This Act establishes, in conjunction with the corresponding laws, a national recognition scheme for DVOs or domestic violence orders.
In this Act —
cancel includes revoke;
corresponding law means a law of another jurisdiction that —
contains provisions that substantially correspond with this Act; and
is prescribed by the regulations to be a corresponding law for the purposes of this Act;
court, of another participating jurisdiction, includes a registrar of that court;
domestic violence concern — see section 9;
DVO 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; or
an order prescribed by the regulations that —
substantially corresponds to a local DVO; and
is made under a law of another country;
former RO Act means the Restraining Orders Act 1997 as in force before 1 July 2017;
general violence order — see section 8;
interim DVO means a DVO that is of an interim or provisional nature and, to avoid doubt, includes —
a DVO made by a police officer; or
a DVO prescribed by the regulations to be an interim DVO;
interstate DVO — see section 6;
interstate law enforcement agency means —
the Police Force of another jurisdiction; or
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 cancel a DVO under the law of a participating jurisdiction;
issuing jurisdiction, in relation to a DVO, means the jurisdiction in which the DVO is made;
jurisdiction means a State or Territory;
local DVO — see section 5;
local law enforcement agency means the Police Force of this jurisdiction;
make includes issue;
New Zealand DVO means an order made under the Domestic Violence Act 1995 (New Zealand) or under an Act repealed by that Act;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 —
this jurisdiction;
a jurisdiction in which a corresponding law is enacted;
person bound by an order means the person against whom the order is made;
properly notified — see section 17;
protected person means a person for whose protection or benefit a DVO is made;
recognised DVO — see sections 11 and 39;
recognised variation — see section 12;
registered foreign order — see section 7;
vary a DVO includes the following —
amend or modify the DVO;
add further conditions, prohibitions or restrictions to the DVO or vary or delete conditions, prohibitions or restrictions;
extend or reduce the period in which the DVO remains in force.
Notes included in this Act do not form part of the Act.
A local DVO means —
a family violence restraining order as defined in the Restraining Orders Act 1997 section 3(1);
a police order as defined in the Restraining Orders Act 1997 section 3(1);
a violence restraining order made under the former RO Act that addresses a domestic violence concern.
A registered foreign order is not a local DVO.
An interstate DVO means an order prescribed by the regulations that —
substantially corresponds to a local DVO; and
is made under a law of another jurisdiction that contains provisions that substantially correspond to the Restraining Orders Act 1997 Part 1B.
A registered foreign order is not an interstate DVO.
A registered foreign order means a foreign order that —
is a foreign restraining order registered under the Restraining Orders Act 1997 Part 7A and that corresponds with an order under Part 1B; or
is registered under a law of another jurisdiction that contains provisions that substantially correspond to the Restraining Orders Act 1997 Part 1B.
A general violence order means any of the following —
an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (South Australia); or
a violence restraining order made under the former RO Act Part 2; or
an order prescribed by the regulations that —
substantially corresponds to an order referred to in paragraph (a) or (b); and
is made under a law of another jurisdiction that substantially corresponds to the laws referred to in those paragraphs.
A violence restraining order made under the former RO Act Part 2 addresses a domestic violence concern if —
the order was made because the person bound by the order had committed an act of family and domestic violence as defined in the former RO Act section 6(1); or
it was feared the person bound by the order would commit an act of family and domestic violence as defined in the former RO Act section 6(1).
An intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (South Australia) addresses a domestic violence concern if the order is made because it is reasonable to suspect that the person bound by the order will, without intervention, commit an act of domestic abuse (within the meaning of that Act).
A general violence order is taken, for the purpose of this Act, to be an order that addresses a domestic violence concern if —
it is declared to be an order that addresses a domestic violence concern by the issuing authority that makes the order; or
a court of the jurisdiction in which the order is made makes an order declaring the DVO to be a recognised DVO in that jurisdiction.
The regulations may prescribe circumstances in which an order made in a participating jurisdiction is taken, for the purposes of this Act, to be an order that addresses a domestic violence concern.
For the purpose of this Act, a registered foreign order —
is taken to be made in the jurisdiction in which it is registered as a registered foreign order; and
is taken to be made when it becomes a registered foreign order in that jurisdiction.
A registered foreign order is varied or cancelled, for the purpose of this Act, if its registration as a registered foreign order is varied or cancelled.
A power conferred by this Act to vary or cancel a registered foreign order is a power to vary or cancel registration of the order as a registered foreign order.
Each of the following DVOs is a recognised DVO —
a local DVO;
an interstate DVO made in a participating jurisdiction;
a foreign order that is a registered foreign order in a participating jurisdiction.
Note for this subsection:
Recognition can also extend to DVOs made in jurisdictions that are not, or are not yet, participating jurisdictions. See Part 6.
A DVO becomes a recognised DVO when it is made.
Note for this subsection:
A foreign order is taken to be made when it is registered as a registered foreign order.
A DVO is a recognised DVO, subject to this Act, for the period for which it remains in force in the jurisdiction in which it is made.
A variation to a recognised DVO that is done in this or another jurisdiction is a recognised variation in this jurisdiction in the circumstances provided for by this section.
A variation to a local DVO is a recognised variation in this jurisdiction if the variation is done —
in this jurisdiction by a court or any other person authorised to do so under the Restraining Orders Act 1997; or
in another participating jurisdiction by a court under a corresponding law.
A variation to an interstate DVO or foreign order is a recognised variation in this jurisdiction if the variation is done —
in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or
in a participating jurisdiction by a court under this Act or a corresponding law.
Note for this subsection:
The issuing jurisdiction for a foreign order is the jurisdiction in which the order is registered.
A variation is recognised from the time that it is made.
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