Crimes Amendment (Apprehended Violence Orders) Act 1997 (NSW)

New South Wales

Crimes Amendment (Apprehended

Violence Orders) Act 1997 No 14

Contents

Page

1	Name of Act	2
2	Commencement	2
3	Amendment of Crimes Act 1900 No 40	2
Schedule 1	Amendment	3

New South Wales

Crimes Amendment (Apprehended

Violence Orders) Act l997 No 14

Act No 14, 1997

An Act to amend the Crimes Act 1900 to ensure that contact with any children of the parties is taken into account when apprehended violence orders are made or varied. [Assented to 29 May 1997]

Section 1 Crimes Amendment (Apprehended Violence Orders) Act 1997 No 14

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Crimes Amendment (Apprehended Violence

Orders) Act 1997.

2 Commencement

This Act commences on a day to be appointed by proclamation.

3 Amendment of Crimes Act 1900 No 40

The Crimes Act 1900 is amended as set out in Schedule 1 .

Crimes Amendment (Apprehended Violence Orders) Act 1997 No 14

Amendment	Schedule 1
Schedule 1	Amendment

(Section 3)

Section 562FA

Insert after section 562F:

562FA Consideration of contact with children

A person who applies for, or for a variation of, an apprehended violence order must inform the court of

(a)	any relevant family contact order of which the person is aware, or
(b)	any pending application for a relevant family contact order of which the person is aware.

The court is required to inform the applicant of the obligation of the applicant under this subsection.

In deciding whether or not to make or vary an apprehended violence order, the court must:

(a)	consider whether contact between the protected person, or between the defendant, and any child of either of those persons is relevant to the making or variation of the order, and
(b)	have regard to any relevant family contact order of which the court has been informed.

An apprehended violence order, or a variation of such an order, is not invalid merely because of a contravention of this section.

to the making or variation of apprehended violence

commencement of this section and subsection (2) applies Subsection (1) applies to applications made after the

orders after that commencement.
In this section:

application for an order means a complaint for an order. apprehended violence order includes an interim order

under section 562BB, but does not include a telephone
interim order.

Crimes Amendment (Apprehended Violence Orders) Act 1997 No 14

Schedule 1 Amendment

protected person means the person for whose protection

an order is made or sought.

relevant family contact order means a section 68R

contact order (within the meaning of Division 11 of Part 7 of the Family Law Act 1975 of the Commonwealth) that relates to contact between the protected person, or between the defendant, and any child of either of those persons.

[Minister’s second reading speech made in—

Legislative Council on 9 April 1997

Legislative Assembly on 22 May 1997]

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