Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Crimes Amendment (Intimate Image and Audio Material) Act 2025 No 57 (not commenced)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.26 (not commenced)
Crimes Legislation Amendment (Domestic Violence and Sexual Offences) Bill 2025
Evidence Based AVO Amendment Bill 2025 [Non-government Bill— Mark Latham, MLC]
An Act to protect persons from domestic and personal violence; to repeal Part 15A of the Crimes Act 1900; and to make consequential amendments to other Acts and instruments.
This Act is the Crimes (Domestic and Personal Violence) Act 2007.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) a final apprehended violence order, or
(b) an interim apprehended violence order.
(a) the Local Court, or
(b) the Children’s Court,
(c) (Repealed)
exercising jurisdiction under section 91.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
If an apprehended violence order is varied, a reference in this Act to the order is a reference to the order as so varied.
A reference in this Act to a person being present in court includes a reference to a person being present in court by way of audio visual link, being facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.
A reference in this Act to a finding of guilt includes a reference to the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999.
Notes included in this Act do not form part of this Act.
In this Act,
(a) an offence under, or mentioned in, section 19A, 24, 25, 26, 27, 28, 29, 30, 31, 33, 33A, 35, 35A, 37, 38, 39, 41, 43, 43A, 44, 45, 45A, 46, 47, 48, 49, 58, 59, 61, 61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 65A, 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 73, 73A, 78A, 80A, 80D, 86, 87, 91P, 91Q, 91R, 93G, 93GA, 110, 195, 196, 198, 199, 200, 562I (as in force before its substitution by the Crimes Amendment (Apprehended Violence) Act 2006) or 562ZG of the Crimes Act 1900, or
(b) an offence under section 13, 14 or 87E of this Act, or
(b1) an offence under section 109, 111, 112, 113, 114, 115 or 308C of the Crimes Act 1900, but only if the serious indictable offence or indictable offence referred to in those sections is an offence referred to in paragraph (a) or (b), or
(b2) an offence under section 93AC (Child forced marriage) of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7B (Forced marriage offences), or
(c) an offence of attempting to commit an offence referred to in paragraph (a), (b), (b1) or (b2).
For the purposes of this Act, a person has a
(a) is or has been married to the other person, or
(b) is or has been a de facto partner of that other person, or
(c) has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
(d) is living or has lived in the same household as the other person, or
(e) is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (not being a facility that is a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 or a detention centre within the meaning of the Children (Detention Centres) Act 1987), or
(f) has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the other person (subject to section 5A), or
(g) is or has been a relative of the other person, or
(h) in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
Two persons also have a
A woman’s ex-partner and current partner would therefore have a domestic relationship with each other for the purposes of this Act even if they had never met.
A person (a
Accordingly—
(a) a paid carer and a dependant are to be treated as having a domestic relationship for the purposes of any offence committed by a paid carer against a dependant, but not for the purposes of an offence committed by a dependant against a paid carer, and
(b) an apprehended domestic violence order may be made against a paid carer for the protection of a dependant (or for the protection of two or more persons at least one of whom is a dependant), but not against a dependant for the protection of a paid carer.
This section does not limit or otherwise affect the application of this Act to a relationship between a dependant and an unpaid carer, or to a relationship between a dependant and a carer that, disregarding section (5)(1)(f), would be a domestic relationship under section 5.
For example, if a dependant and a paid carer are relatives, they will be treated as having a domestic relationship under section 5(1)(g) and an apprehended domestic violence order could be made against the dependant for the protection of the paid carer.
To avoid doubt, an apprehended personal violence order may be made against a dependant for the protection of a paid carer if the paid carer and dependant do not have a domestic relationship.
For the purposes of this Act, a person is a
(a) if the person is—
(i) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law, or
(ii) a son, daughter, grandson, grand-daughter, step-son, step-daughter, son-in-law or daughter-in-law, or
(iii) a brother, sister, half-brother, half-sister, step-brother, step-sister, brother-in-law or sister-in-law, or
(iv) an uncle, aunt, uncle-in-law or aunt-in-law, or
(v) a nephew or niece, or
(vi) a cousin,
of the other person, or
(b) where the person has a de facto partner (the
person’s partner )—if the other person is—(i) a father, mother, grandfather, grandmother, step-father or step-mother, or
(ii) a son, daughter, grandson, grand-daughter, step-son or step-daughter, or
(iii) a brother, sister, half-brother, half-sister, step-brother or step-sister, or
(iv) an uncle or aunt, or
(v) a nephew or niece, or
(vi) a cousin,
of the person’s partner.
In this Act,
(a) violent or threatening behaviour,
(b) behaviour that coerces or controls the second person,
(c) behaviour that causes the second person to fear for the person’s safety or wellbeing or the safety and wellbeing of others.
Without limiting subsection (1), engaging in, or threatening to engage in, the following behaviour may constitute domestic abuse—
(a) behaviour that is physically abusive or violent,
(b) behaviour that is sexually abusive, coercive or violent,
(c) behaviour that is economically or financially abusive,
Examples— • withholding financial support necessary for meeting the reasonable living expenses of a person, or another person living with or dependent on the person, in circumstances in which the person is dependent on the financial support to meet the person’s living expenses
• preventing, or unreasonably restricting or regulating, a person seeking or keeping employment or having access to or control of the person’s income or financial assets, including financial assets held jointly with another person
(d) behaviour that is verbally abusive,
(e) behaviour that shames, degrades or humiliates,
(f) behaviour that is intimidation,
(g) behaviour that is stalking, or that directly or indirectly harasses a person, or monitors or tracks a person’s activities, communications or movements, whether by physically following the person, using technology or in another way,
(h) behaviour that damages or destroys property,
(i) behaviour that causes death or injury to an animal, or otherwise makes use of an animal to threaten a person,
(j) behaviour that prevents the second person from doing any of the following or otherwise isolates the person—
(i) making or keeping connections with the person’s family, friends or culture,
(ii) participating in cultural or spiritual ceremonies or practice,
(iii) expressing the person’s cultural identity,
(k) behaviour that deprives the second person of liberty, restricts the second person’s liberty or otherwise unreasonably controls or regulates a person’s day-to-day activities,
Examples— • making unreasonable demands about how a person exercises the person’s personal, social or sexual autonomy and making threats of negative consequences for failing to comply with the demands
• denying a person access to basic necessities including food, clothing or sleep
• withholding necessary medical or other care, support, aids, equipment or essential support services from a person or compelling the person to take medication or undertake medical procedures
Domestic abuse includes behaviour by the first person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour mentioned in subsection (1).
Domestic abuse may, in the context of the relationship, be constituted by—
(a) a single act, omission or circumstance, or
(b) a combination of acts, omissions or circumstances over a period of time.
Behaviour mentioned in subsection (1) or (2) may constitute domestic abuse even if the behaviour does not constitute a criminal offence.
For the purposes of this Act,
(a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
Example of conduct that may amount to harassment of a person— (1) Intentionally disclosing or threatening to disclose any of the following about a person without the person’s consent, known as “outing”—
(a) the person’s sexual orientation,
(b) the person’s gender history,
(c) that the person has a variation of sex characteristics,
(d) that the person lives with HIV,
(e) that the person is, or has been, a sex worker.
(2) For subsection (1)(b) of this example,
gender history means the sex recorded at birth for the person is different to the sex the person identifies with, lives in or seeks to live in, whether or not the person’s record of sex is altered under—(a) the Births, Deaths and Marriages Registration Act 1995, Part 5A, or
(b) the corresponding provisions of a law of another State or Territory or a jurisdiction outside Australia.
Note. An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.
(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or
(c) conduct that causes a reasonable apprehension of—
(i) injury to the person or to another person with whom the person has a domestic relationship, or
(ii) violence to any person, or
(iii) damage to property, or
(iv) harm to an animal that belongs or belonged to, or is or was in the possession of, the person or another person with whom the person has a domestic relationship, or
(d) conduct amounting to the coercion or deception of, or a threat to, a child to enter into a forced marriage within the meaning of the Crimes Act 1900, section 93AC, or
(e) conduct amounting to the coercion or deception of, or a threat to, a person to enter into a forced marriage within the meaning of the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage).
For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
In this Act,
(a) the following of a person about,
(b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,
(b1) the monitoring or tracking of a person’s activities, communications or movements—
(i) whether by using technology or in another way, and
(ii) whether or not the monitoring or tracking involves contacting or otherwise approaching the person,
(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.
For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.
The objects of this Act in relation to domestic violence are—
(a) to ensure the safety and protection of all persons, including children, who experience or witness domestic violence, and
(b) to reduce and prevent violence by a person against another person where a domestic relationship exists between those persons, and
(c) to enact provisions that are consistent with certain principles underlying the Declaration on the Elimination of Violence against Women, and
(d) to enact provisions that are consistent with the United Nations Convention on the Rights of the Child.
This Act aims to achieve those objects by—
(a) empowering courts to make apprehended domestic violence orders to protect people from domestic violence, intimidation (including harassment) and stalking, and
(b) ensuring that access to courts is as safe, speedy, inexpensive and simple as is consistent with justice.
In enacting this Act, Parliament recognises—
(a) that domestic violence, in all its forms, is unacceptable behaviour, and
(b) that domestic violence is predominantly perpetrated by men against women and children, and
(c) that domestic violence occurs in all sectors of the community, and
(d) that domestic violence extends beyond physical violence and may involve the exploitation of power imbalances and patterns of abuse over many years, and
(e) that domestic violence occurs in traditional and non-traditional settings, and
(f) the particularly vulnerable position of children who are exposed to domestic violence as victims or witnesses, and the impact that such exposure can have on their current and future physical, psychological and emotional well-being, and
(f1) the particular impact of domestic violence on Aboriginal persons and Torres Strait Islanders, persons from culturally and linguistically diverse backgrounds, persons from gay, lesbian, bisexual, transgender and intersex communities, older persons and persons with disabilities, and
(f2) the intersection between animal abuse and domestic violence, and
(g) that domestic violence is best addressed through a co-ordinated legal and social response of assistance and prevention of violence and, in certain cases, may be the subject of appropriate intervention by the court.
A court that, or person who, exercises any power conferred by or under this Act in relation to domestic violence must be guided in the exercise of that power by the objects referred to in this section.
The object of this Act in relation to personal violence is to ensure the safety and protection of all persons who experience personal violence outside a domestic relationship.
This Act aims to achieve that object by—
(a) empowering courts to make apprehended personal violence orders in appropriate circumstances to protect people from violence, intimidation (including harassment) and stalking, and
(b) ensuring that access to courts is as safe, speedy, inexpensive and simple as is consistent with justice, and
(c) ensuring that other avenues of dispute resolution are encouraged where appropriate.
In this Act,
(a) a personal violence offence, or
(b) an offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or
(b1) an offence under the Crimes Act 1900, section 54D(1), or
(c) an offence, other than a personal violence offence or an offence mentioned in paragraph (b1), in which the conduct that constitutes the offence is domestic abuse.
In this section,
The charge in respect of an offence may indicate that the offence is a domestic violence offence.
If a person pleads guilty to an offence or is found guilty of an offence and the court is satisfied that the offence was a domestic violence offence, the court is to direct that the offence be recorded on the person’s criminal record as a domestic violence offence.
If the court makes a direction under this section to record an offence as a domestic violence offence, the prosecution may make an application to the court requesting that the court direct that specified offences in respect of which the person has previously pleaded guilty or been found guilty be recorded as domestic violence offences.
Any such application is to include sufficient information in support of the request to enable the court to make a decision as to whether such a recording is appropriate.
The court may require the prosecutor to provide further information to enable it to make a determination as to whether to direct a recording to be made under this section.
If satisfied after considering an application under subsection (3) that an offence referred to in the application was a domestic violence offence, the court is to direct that the offence be recorded on the criminal record of the person concerned as a domestic violence offence.
A victim of an offence is not compellable in any proceedings before the court to determine whether the court should make a direction under this section to record an offence as a domestic violence offence.
A court that directs a recording to be made under this section or is required to take such a recording into account may, on application or on its own motion, correct the recording if it considers that there is an error in the recording.
Regulations may be made for or with respect to the recording of offences under this section, including the manner in which and time within which such recordings are to be made.
An indication in the charge for an offence that a person has committed a domestic violence offence will be relevant in bail proceedings. The recording on a person’s criminal record that an offence is a domestic violence offence will be relevant to sections 7 and 8 of this Act, where previous behaviour constituting a domestic violence offence is taken into account for the purpose of determining whether a person’s behaviour amounts to intimidation or stalking, and to sections 27 and 49 of this Act, which require police to make applications for apprehended domestic violence orders in situations where the person in question has already committed a domestic violence offence. Section 21A of the Crimes (Sentencing Procedure) Act 1999 provides that a record of previous convictions is an aggravating factor to be taken into account when determining the appropriate sentence for an offence.
A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence.
Maximum penalty—Imprisonment for 5 years or 50 penalty units, or both.
For the purposes of this section, causing a person to fear physical or mental harm includes causing the person to fear physical or mental harm to another person with whom he or she has a domestic relationship.
For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.
For the purposes of this section, the prosecution is not required to prove that the person alleged to have been stalked or intimidated actually feared physical or mental harm.
A person who attempts to commit an offence against subsection (1) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.
A person who knowingly contravenes a prohibition or restriction specified in an apprehended violence order made against the person is guilty of an offence.
Maximum penalty—Imprisonment for 2 years or 50 penalty units, or both.
A person is guilty of an offence under this subsection if the person knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person with the intention of causing the protected person—
(a) physical or mental harm, or
(b) to fear for the protected person’s safety or the safety of another person.
Maximum penalty—imprisonment for 3 years or 100 penalty units, or both.
For subsection (1A)—
(a) a person intends to cause the protected person physical or mental harm, or the protected person to fear for the safety of the protected person or another person, if the person knows that the conduct is likely to cause the harm or fear, and
(b) the prosecution is not required to prove that the person actually caused the protected person physical or mental harm or the protected person to fear for the protected person’s safety or the safety of another person.
A person is guilty of an offence under this subsection if—
(a) the person knowingly contravenes a prohibition or restriction specified in an apprehended domestic violence order made against the person, and
(b) on at least 2 other occasions within a period of 28 days immediately before the contravention, the person knowingly contravened a prohibition or restriction specified in—
(i) an apprehended domestic violence order in relation to the same protected person, or
(ii) the same apprehended domestic violence order, whether or not in relation to the same protected person, or
(iii) an apprehended domestic violence order arising from the same application under Part 10, whether or not in relation to the same protected person, and
(c) a reasonable person would consider the conduct referred to in paragraphs (a) and (b) would be likely, in all the circumstances, to cause the protected person physical or mental harm, or the protected person to fear for the safety of the protected person or another person, whether or not the harm or fear was in fact caused.
Maximum penalty—imprisonment for 5 years or 150 penalty units, or both.
If, on a prosecution of a person for an offence under subsection (1A), the court or jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1)—
(a) the court or jury may acquit the person of the offence under subsection (1A) and find the person guilty of an offence under subsection (1), and
(b) the person is liable to punishment accordingly.
If, on a prosecution of a person for an offence under subsection (1C), the court or jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1) or (1A)—
(a) the court or jury may acquit the person of the offence under subsection (1C) and find the person guilty of an offence under subsection (1) or (1A), and
(b) the person is liable to punishment accordingly.
This section does not affect the common law in relation to double jeopardy.
A person is not guilty of an offence against subsection (1), (1A) or (1C) unless—
(a) in the case of an apprehended violence order made by a court, the person was served with a copy of the order or was present in court when the order was made, or
(b) in any other case, the person was served with a copy of the apprehended violence order.
A person is not guilty of an offence against subsection (1), (1A) or (1C) if the contravention of the prohibition or restriction concerned—
(a) was necessary in order to attend mediation under section 21, or
(b) was done in compliance with the terms of a property recovery order.
Unless the court otherwise orders, a person who is convicted of an offence against subsection (1), (1A) or (1C) must be sentenced to a term of imprisonment if the act constituting the offence was an act of violence against a person.
Subsection (4) does not apply if the person convicted was under 18 years of age at the time of the alleged offence.
Where the court determines not to impose a sentence of imprisonment, it must give its reasons for not doing so.
A person is not guilty of an offence of aiding, abetting, counselling or procuring the commission of an offence against subsection (1), (1A) or (1C) if the person is a protected person under the order concerned.
A police officer is to make a written record of the reasons for—
(a) a decision by the police officer not to initiate criminal proceedings against a person for an alleged contravention of subsection (1), (1A), (1C) or (9) (whether or not the person is arrested), or
(b) a decision by the police officer not to proceed with criminal proceedings against a person for an alleged contravention of subsection (1), (1A), (1C) or (9),
if the police officer or another police officer suspects on reasonable grounds that the person has committed an offence against either subsection or if an alleged contravention of either subsection by the person has been reported to the police officer or another police officer.
A person who attempts to commit an offence against subsection (1), (1A) or (1C) is guilty of an offence against that subsection and is punishable as if the offence attempted had been committed.
The Law Enforcement (Powers and Responsibilities) Act 2002 contains powers of police officers in relation to suspected offences, including a power to arrest a person, without warrant, if the police officer suspects on reasonable grounds that a person has committed an offence.
An application may be made in accordance with Part 10 for an apprehended domestic violence order for the protection of—
(a) a person against another person with whom he or she has or has had a domestic relationship, or
(b) two or more persons against another person with whom at least one of those persons has or has had a domestic relationship.
An application is to be treated as an application for an apprehended personal violence order if none of the persons for whose protection the order would be made has or has had a domestic relationship with the person against whom it is sought.
Subsection (2) does not apply to a provisional order that is made by a senior police officer and treated as an application for an order pursuant to section 29.
A court may, on application, make an apprehended domestic violence order if it is satisfied on the balance of probabilities that a person who has or has had a domestic relationship with another person has reasonable grounds to fear and in fact fears—
(a) the commission by the other person of a domestic violence offence against the person, or
(a1) the commission by the other person of an offence under the Conversion Practices Ban Act 2024, section 5 or 6 against the person, or
(b) the engagement of the other person in conduct in which the other person—
(i) intimidates the person or a person with whom the person has a domestic relationship, or
(ii) stalks the person,
being conduct that, in the opinion of the court, is sufficient to warrant the making of the order.
Despite subsection (1), it is not necessary for the court to be satisfied that the person for whose protection the order would be made in fact fears that such an offence will be committed, or that such conduct will be engaged in, if—
(a) the person is a child, or
(b) the person is, in the opinion of the court, suffering from an appreciably below average general intelligence function, or
(c) in the opinion of the court—
(i) the person has been subjected on more than one occasion to conduct by the defendant amounting to a personal violence offence, and
(ii) there is a reasonable likelihood that the defendant may commit a personal violence offence against the person, and
(iii) the making of the order is necessary in the circumstances to protect the person from further violence, or
(d) the court is satisfied on the balance of probabilities that the person has reasonable grounds to fear the commission of a domestic violence offence against the person.
An apprehended domestic violence order that is made in reliance on subsection (2)(d) cannot impose prohibitions or restrictions on the behaviour of the defendant other than those prohibitions that are taken to be specified in the order by section 36.
For the purposes of this section, conduct may amount to intimidation of a person even though—
(a) it does not involve actual or threatened violence to the person, or
(b) it consists only of actual or threatened damage to property belonging to, in the possession of or used by the person.
Part 8 provides for the matters that may be included in orders. Part 9 contains additional provisions relevant to the making of orders.
In deciding whether or not to make an apprehended domestic violence order, the court must consider the safety and protection of the protected person and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order.
Without limiting subsection (1), in deciding whether or not to make an apprehended domestic violence order, the court is to consider—
(a) in the case of an order that would prohibit or restrict access to the defendant’s residence—the effects and consequences on the safety and protection of the protected person and any children living or ordinarily living at the residence if an order prohibiting or restricting access to the residence is not made, and
(b) any hardship that may be caused by making or not making the order, particularly to the protected person and any children, and
(c) the accommodation needs of all relevant parties, in particular the protected person and any children, and
(d) any other relevant matter.
When making an apprehended domestic violence order, the court is to ensure that the order imposes only those prohibitions and restrictions on the defendant that, in the opinion of the court, are necessary for the safety and protection of the protected person, and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order, and the protected person’s property.
If an application is made for an apprehended domestic violence order that prohibits or restricts access by the defendant to any premises or place and the court hearing proceedings in respect of the application decides to make an order without the prohibition or restriction sought, the court is to give reasons for that decision.
An application may be made in accordance with Part 10 for an apprehended personal violence order for the protection of one or more persons against another person.
An application is to be treated as an application for an apprehended domestic violence order if one or more of the persons for whose protection the order would be made has or has had a domestic relationship with the person against whom it is sought.
A court may, on application, make an apprehended personal violence order if it is satisfied on the balance of probabilities that a person has reasonable grounds to fear and in fact fears—
(a) the commission by the other person of a personal violence offence against the person, or
(a1) the commission by the other person of an offence under the Conversion Practices Ban Act 2024, section 5 or 6 against the person, or
(b) the engagement of the other person in conduct in which the other person—
(i) intimidates the person, or
(ii) stalks the person,
being conduct that, in the opinion of the court, is sufficient to warrant the making of the order.
Despite subsection (1), it is not necessary for the court to be satisfied that the person for whose protection the order would be made in fact fears that such an offence will be committed, or that such conduct will be engaged in, if—
(a) the person is a child, or
(b) the person is, in the opinion of the court, suffering from an appreciably below average general intelligence function.
For the purposes of this section, conduct may amount to intimidation of a person even though—
(a) it does not involve actual or threatened violence to the person, or
(b) it consists only of actual or threatened damage to property belonging to, in the possession of or used by the person.
Part 8 provides for the matters that may be included in orders. Part 9 contains additional provisions relevant to the making of orders.
In deciding whether or not to make an apprehended personal violence order, the court must consider the safety and protection of the person seeking the order and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order.
Without limiting subsection (1), in deciding whether or not to make an apprehended personal violence order, the court is to consider—
(a) in the case of an order that would prohibit or restrict access to the defendant’s residence—the effects and consequences on the safety and protection of the protected person and any children living or ordinarily living at the residence if an order prohibiting or restricting access to the residence is not made, and
(b) any hardship that may be caused by making or not making the order, particularly to the protected person and any children, and
(c) the accommodation needs of all relevant parties, in particular the protected person and any children, and
(d) any other relevant matter.
When making an apprehended personal violence order, the court is to ensure that the order imposes only those prohibitions and restrictions on the defendant that, in the opinion of the court, are necessary for the safety and protection of the protected person, and any child directly or indirectly affected by the conduct of the defendant alleged in the application for the order, and the protected person’s property.
If an application is made for an apprehended personal violence order that prohibits or restricts access by the defendant to any premises or place and the court hearing proceedings in respect of the application decides to make an order without the prohibition or restriction sought, the court is to give reasons for that decision.
If an application for an apprehended personal violence order is made to a court, the court—
(a) when considering whether to make the order—is to refer the protected person and the defendant for mediation under the Community Justice Centres Act 1983 unless it is satisfied that there is good reason not to do so, and
(b) at any other time—may refer the protected person and the defendant for mediation under that Act.
Without limiting subsection (1), in determining whether there is good reason not to refer a matter to mediation, the court is to consider whether—
(a) there has been a history of physical violence to the protected person by the defendant, or
(b) the protected person has been subjected to conduct by the defendant amounting to a personal violence offence, or
(c) the protected person has been subjected to conduct by the defendant amounting to an offence under section 13, or
(d) the defendant has engaged in conduct amounting to harassment relating to the protected person’s race, religion, homosexuality, transgender status or disability, or
(d1) the defendant has engaged in conduct amounting to harassment relating to the protected person being a person living with HIV/AIDS, or
(e) there has been a previous attempt at mediation in relation to the same matter and the attempt was not successful.
The existence of any one or more of the factors referred to in subsection (2) does not prevent a court from referring a matter to mediation.
Nothing in this section affects section 24 of the Community Justice Centres Act 1983.
Section 24 of the Community Justice Centres Act 1983 enables the Director of Community Justice Centres to decline to consent to the acceptance of a dispute for mediation and enables the Director or a mediator to terminate a mediation session at any time.
The Director of Community Justice Centres is to provide a written report on the outcome of the mediation or attempted mediation to the court that referred the matter for mediation.
On receiving a report under subsection (4), the court is to take such action in accordance with this Act as it considers appropriate in relation to the matter concerned and in doing so may take into account the contents of the report.
If a matter is referred to mediation under this section without an order having been made, any proceedings in relation to the application are taken to have been stayed until a report is provided under subsection (4).
If the Director of Community Justice Centres provides a report under subsection (4) or a mediator conducts a mediation of a matter referred under this section, the Director or the mediator is taken, for the purposes of the provisions of the Community Justice Centres Act 1983, to be exercising those functions for the purpose of executing that Act.
A court may, on application made in accordance with Part 10, make an interim apprehended domestic violence order or an interim apprehended personal violence order if it appears to the court that it is necessary or appropriate to do so in the circumstances.
An interim apprehended domestic violence order or an interim apprehended personal violence order made on application under this Part is referred to in this Act as an
An interim court order may be made by a court whether or not—
(a) the defendant is present at the proceedings, or
(b) the defendant has been given notice of the proceedings.
A court may, in deciding whether to make an interim court order, admit affidavit evidence or a written statement by a police officer that is tendered on behalf of the person for whose protection the order would be made if—
(a) the person is unable, for any good reason, to be present at the proceedings, and
(b) the court is satisfied that the matter requires urgent consideration by the court.
If an interim court order is made by a court—
(a) the court is to require the defendant to appear at a further hearing of the matter by the court as soon as practicable after the interim court order is made, and
(b) the court may, at the further hearing or an adjourned further hearing, make a final apprehended violence order in the same terms as the interim court order or with variations or may revoke the interim court order (whether or not the defendant appears at any such further hearing).
An interim court order has, while it remains in force, the same effect as a final apprehended violence order.
A Registrar may, on application, make an interim apprehended domestic violence order or an interim apprehended personal violence order if satisfied that the protected person and the defendant consent to the making of the order.
Section 78 (Orders made with consent of parties) applies in relation to the making of an order by a Registrar under this section in the same way as it applies to the making of an interim court order by a court.
If an interim court order is made by a Registrar—
(a) the Registrar is to require the defendant to appear at a further hearing of the matter before a court as soon as practicable after the interim court order is made, and
(b) the court may, at the further hearing or an adjourned hearing, make a final apprehended violence order in the same terms as the interim court order or with variations or may revoke the interim court order.
An interim court order made by a Registrar of a court under this section is taken to have been made by the court and has effect accordingly.
Section 76 applies to a Registrar who makes an interim court order under this section.
An interim court order remains in force until—
(a) it is revoked, or
(b) it ceases to have effect under subsection (2), or
(c) the application for a final apprehended violence order is withdrawn or dismissed,
whichever first occurs.
If a final apprehended violence order is made in respect of an interim court order (whether with or without variation), the interim court order ceases to have effect—
(a) in a case where the defendant is present at court—when the final apprehended violence order is made, or
(b) in any other case—when the defendant is served in accordance with this Act with a copy of the final apprehended violence order.
Section 21 applies in relation to an interim apprehended personal violence order in the same way as it applies in relation to an apprehended personal violence order.
A police officer may apply by telephone, facsimile or other communication device—
(a) to an authorised officer or senior police officer for an interim apprehended domestic violence order, or
(b) to an authorised officer for an interim apprehended personal violence order.
In this Act—
(a) an interim apprehended domestic violence order or an interim apprehended personal violence order made on an application under this section is referred to as a
provisional order , and(b) the police officer who applies for a provisional order is referred to as the
applicant officer , and(c) the authorised officer or senior police officer who makes a provisional order is referred to as the
issuing officer .
An application for a provisional order—
(a) may be made at the request of the protected person or on the applicant officer’s own initiative, and
(b) may be transmitted to the authorised officer or senior police officer by another person on behalf of the applicant officer if it is not practicable for the application to be made by the applicant officer by telephone, facsimile or other communication device directly to the authorised officer or senior police officer.
An application may be made by telephone, facsimile or other communication device if—
(a) an incident occurs involving the person against whom the provisional order is sought to be made and the person who would be protected by the provisional order, and
(b) a police officer has good reason to believe a provisional order needs to be made immediately to ensure the safety and protection of the person who would be protected by the provisional order or to prevent substantial damage to any property of that person.
An application may be made at any time and whether or not the court is sitting.
An application must be made for a provisional order if—
(a) a police officer investigating the incident concerned suspects or believes that—
(i) a domestic violence offence or an offence against section 13 has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made, or
(ii) an offence under section 227 (Child and young person abuse) of the Children and Young Persons (Care and Protection) Act 1998 (but only in relation to a child) has recently been or is being committed, or is imminent, or is likely to be committed, against the person for whose protection an order would be made, or
(iii) proceedings have been commenced against a person for an offence referred to in subparagraph (i) or (ii) committed against the person for whose protection an order would be made, and
(b) the police officer has good reason to believe an order needs to be made immediately to ensure the safety and protection of the person who would be protected by the order or to prevent substantial damage to any property of that person.
The application may be made by any police officer.
An application need not be made in the circumstances referred to in subsection (1) if an apprehended violence order is already in force against the defendant for the protection of the person concerned.
However, subsection (3) does not prevent an application being made.
An application need not be made in the circumstances referred to in subsection (1) if the person for whose protection an order would be made is at least 16 years of age at the time of the incident and a police officer investigating the incident believes—
(a) that the person intends to make an application for an apprehended violence order, or
(b) that there is good reason not to make the application.
However, if the police officer investigating the incident believes that there is good reason not to make the application, the police officer must make a written record of the reason.
For the purposes of subsection (4), the reluctance of the person to make an application does not, on its own, constitute a good reason for a police officer not to make an application if the police officer reasonably believes that—
(a) the person has been the victim of violence or there is a significant threat of violence to the person, or
(b) the person has an intellectual disability and has no guardian.
An authorised officer to whom an application is made for a provisional order may, if satisfied that there are reasonable grounds for doing so, make the provisional order.
Section 21 (Referral of matters to mediation) applies to an authorised officer when considering whether to make a provisional order that is an interim apprehended personal violence order or after making such an order in the same way as it applies to a court.
Section 81 applies to the making of a provisional order by an authorised officer in the same way as that section applies to other orders.
A senior police officer to whom an application is made for a provisional order may, if satisfied that there are reasonable grounds for doing so, make the provisional order.
However, a senior police officer may not make a provisional order in circumstances where he or she is the applicant officer.
The provisional order is to contain the address or facsimile number of the Police Area Commander or Police District Commander at which the defendant may serve an application for variation or revocation of the order.
This section applies if an apprehended violence order is already in force against the defendant for the protection of the person concerned (an
An issuing officer must not make a prohibition or restriction in a provisional order that would be inconsistent with a prohibition or restriction in the existing order if the effect would be to decrease the protection afforded to the protected person under the existing order.
A prohibition or restriction specified in a provisional order that is inconsistent with a prohibition or restriction specified in the existing order in a way that would decrease the protection afforded to the protected person under the existing order is of no effect.
See section 81A for the effect of concurrent orders if there is an inconsistency between 2 or more concurrent orders.
A provisional order is taken, for the purposes of this Act, to be an application by the applicant officer under Part 10.
If the application taken to be made under Part 10 is withdrawn or dismissed, the provisional order is revoked.
The provisional order is to contain a direction for the appearance of the defendant at a hearing of the application by an appropriate court on a date specified in the order by the issuing officer.
The specified date must be—
(a) the next date on which the matter can be listed on a domestic violence list at the appropriate court, and
(b) in any case, a date that is not more than 28 days after the making of the provisional order.
Failure to comply with the requirement under subsection (3)(b) does not affect the validity of the provisional order if the failure is due to court sitting arrangements that prevent the matter from being heard by the appropriate court.
(Repealed)
The issuing officer who makes a provisional order is to inform the applicant of the terms of the order and the date and time when the order was made.
The applicant is to complete a form of order in the terms so indicated and write on it the name of the issuing officer, the date and time when the order was made and the date of the hearing of the application.
When the form of order is completed, it is taken to be a provisional order.
An issuing officer may, instead of proceeding under subsection (1), furnish the provisional order to the applicant.
An applicant who is furnished with a provisional order under subsection (4) is to include in the order the date of the hearing of the application.
A provisional order must be served on the defendant by a police officer as soon as practicable after it is made.
A provisional order is to be served on the protected person by a police officer as soon as practicable after it is made unless it is impracticable to do so.
A provisional order must be served on the defendant or protected person—
(a) personally, or
(b) by electronic means, but only if—
(i) the defendant or protected person has consented to service by the electronic means, and
(ii) the police officer has personally explained to the defendant or protected person—
(A) the effect of the provisional order, including any prohibitions and restrictions imposed by the order, and
(B) the consequences that may follow from a contravention of the provisional order, and
(C) the rights of the defendant and the protected person in relation to the order.
A police officer may give a court proof of service of a provisional order in accordance with the rules of court applying to documents issued in proceedings before the court.
On the first return date for a provisional order, the court may—
(a) dismiss the application taken to be made under Part 10, or
(b) revoke the provisional order, or
(c) make, in the same terms as the provisional order or with variations—
(i) an interim court order, or
(ii) a final apprehended violence order.
If the court does none of the things in subsection (1)(a)–(c)—
(a) the provisional order becomes an interim court order—
(i) that is taken to have been made on the first return date, and
(ii) on the same terms as the provisional order, and
(b) further service of the order—
(i) is not required, if the provisional order was served on the defendant, and
(ii) is not required, if the defendant is present at court, whether the provisional order was served on the defendant or not, and
(iii) is required, if the provisional order was not served on the defendant and the defendant is not present at court.
If the court makes an interim court order or a final apprehended violence order under subsection (1)(c), the provisional order is revoked—
(a) if further service of the order is not required—on the making of the order, or
(b) if further service of the order is required—when the order is served.
If the court makes an interim court order without variations, further service of the order—
(a) is not required, if the provisional order was served on the defendant, and
(b) is not required, if the defendant is present at court, whether the provisional order was served on the defendant or not, and
(c) is required, if the provisional order was not served on the defendant and the defendant is not present at court.
If the court makes an interim court order with variations or makes a final apprehended violence order, further service of the order—
(a) is not required, if the defendant is present at court, and
(b) is required, if the defendant is not present at court.
A provisional order made by an authorised officer may be varied or revoked by—
(a) the authorised officer who made it or any other authorised officer, or
(b) any court dealing with an application for an apprehended violence order, or variation of an apprehended violence order, against the same defendant.
A provisional order may be varied—
(a) by amending or deleting any prohibitions or restrictions specified in the order, or
(b) by specifying additional prohibitions or restrictions in the order.
An application for a variation or the revocation of a provisional order under this section may be made only by a police officer.
If there is more than one protected person under a provisional order, the order may be varied or revoked in its application to all of the protected persons or in relation to any one or more of the protected persons.
Notice of the variation or revocation is to be served on the defendant, each protected person affected by the variation or revocation and the Commissioner of Police.
(Repealed)
This section does not apply to the variation or revocation of a provisional order in accordance with section 33A.
A provisional order made by a senior police officer may be varied or revoked on the application of the defendant by any court that deals, or is to deal, with an application for an apprehended violence order, or variation of an apprehended violence order, against that defendant.
Despite subsection (1), an application for variation or revocation of a provisional order must be made by a police officer if the protected person or one of the protected persons under the order is a child at the time of the application.
Sections 73(1), (2), (4) and (6), 74(1) and (2), 76(2), (4) and (5) and 77(2)–(8) apply to the variation or revocation of a provisional order under this section in the same way as they apply to the variation or revocation of a final apprehended violence order or interim court order.
In addition to the requirements of section 73(4), a provisional order is not to be varied or revoked on the application of the defendant under this section unless notice of the application has been served on the Police Area Commander or Police District Commander.
The applicant officer or another police officer is entitled to appear in proceedings for a variation or revocation of the provisional order under this section.
A provisional order may not be renewed and a further provisional order may not be made in respect of the same incident.
(Repealed)
This section applies if a senior police officer has, in good faith, purported to make a provisional order as an interim apprehended domestic violence order but none of the persons for whose protection the order was made has or has had a domestic relationship with the person against whom the order was sought.
If a provisional order has such a defect, no action lies against any police officer or any other person merely because of that defect in respect of anything done or omitted to be done by the police officer or other person in good faith in reliance on the provisional order or any ancillary property recovery order.
When making an apprehended violence order, a court may impose such prohibitions or restrictions on the behaviour of the defendant as appear necessary or desirable to the court and, in particular, to ensure the safety and protection of the person in need of protection and any children from domestic or personal violence.
Without limiting the generality of subsection (1), an apprehended violence order made by a court may impose any or all of the following prohibitions or restrictions—
(a) prohibiting or restricting approaches by the defendant to the protected person,
(b) prohibiting or restricting access by the defendant to any or all of the following—
(i) to any premises occupied by the protected person from time to time or to any specified premises occupied by the protected person,
(ii) to any place where the protected person works from time to time or to any specified place of work of the protected person,
(iii) to any specified premises or place frequented by the protected person,
whether or not the defendant has a legal or equitable interest in the premises or place,
(c) prohibiting or restricting the defendant from approaching the protected person, or any such premises or place, within 12 hours of consuming intoxicating liquor or illicit drugs,
(c1) prohibiting or restricting the defendant from locating or attempting to locate the protected person,
(d) prohibiting or restricting the possession of all or any specified firearms or prohibited weapons (within the meaning of the Weapons Prohibition Act 1998) by the defendant,
(e) prohibiting the defendant from interfering with the protected person’s property,
(f) prohibiting or restricting specified behaviour by the defendant that might affect the protected person.
Without limiting the generality of subsection (2)(f), an apprehended violence order may prohibit behaviour of the defendant that might coerce, threaten or deceive the protected person to enter into a forced marriage within the meaning of the Crimes Act 1900, section 93AC or the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage).
A provisional order may impose any or all of the prohibitions or restrictions specified in subsection (2)(a)–(e) if the issuing officer is satisfied that there are reasonable grounds for the order doing so and the defendant is not a child.
(Repealed)
A reference in this section to a court includes a reference to a Registrar.
Section 23 of the Firearms Act 1996 provides for the automatic suspension of a licence under that Act on the making of an interim apprehended violence order against the licence holder and section 24 of that Act provides for the automatic revocation of a licence on the making of a final apprehended violence order against the licence holder. Section 17 of the Weapons Prohibition Act 1998 provides for the automatic suspension of a permit under that Act on the making of an interim apprehended violence order against the permit holder and section 18 of that Act provides for the automatic revocation of a permit on the making of a final apprehended violence order against the permit holder. On the suspension or revocation of such licences or permits, the relevant firearms or weapons must be surrendered to the police and may be seized by the police.
Section 79 of the Residential Tenancies Act 2010 terminates the tenancy of a tenant or co-tenant under a residential tenancy agreement if a final apprehended violence order is made that prohibits the tenant or co-tenant from having access to the residential premises under the agreement.
Every apprehended violence order is taken to specify that the defendant is prohibited from doing any of the following—
(a) assaulting or threatening the protected person or a person with whom the protected person has a domestic relationship,
(b) stalking, harassing or intimidating the protected person or a person with whom the protected person has a domestic relationship,
(c) intentionally or recklessly destroying or damaging any property, or harming an animal, that belongs to, or is in the possession of, the protected person or a person with whom the protected person has a domestic relationship.
A property recovery order may be made by a court or authorised officer—
(a) when making an apprehended domestic violence order or interim apprehended domestic violence order, or
(b) in relation to an interim apprehended domestic violence order that has been made by a senior police officer.
A court or authorised officer may make a property recovery order only if satisfied that—
(a) the protected person has left personal property at premises which the defendant occupies, or
(b) the defendant has left personal property at premises which the protected person occupies.
A property recovery order may be made under this section—
(a) on the motion of a court or authorised officer when making an apprehended domestic violence order or interim apprehended domestic violence order, or
(b) on the application of a police officer, the protected person or the defendant.
An application for a property recovery order made by a protected person or a defendant must include details of the following—
(a) any relevant order with respect to property made under the Family Law Act 1975 of the Commonwealth (a
family law property order ) of which the applicant is aware,(b) any pending application for a family law property order of which the applicant is aware.
Before making a property recovery order, a court or authorised officer is to—
(a) make such inquiries of the parties about any relevant family law property orders as the court or officer considers to be appropriate, and
(b) if any such order is brought to the attention of the court or authorised officer, take the order into consideration.
A property recovery order may do any or all of the following—
(a) direct the person who occupies the premises concerned to allow access to the premises to the person who has left the personal property at the premises (and any police officer or person who is authorised by the order to accompany the person) to enable the removal of the property,
(b) provide that the access to the premises concerned is to be at a time or times arranged between the occupier of the premises and a police officer (whether or not the order requires the person recovering the property to be accompanied by a police officer),
(c) require the person who has left the personal property at the premises to be accompanied by a police officer when removing the property from the premises,
(d) provide that the person who has left the personal property at the premises may be accompanied by any other specified person,
(e) specify the type or types of property to which the order relates.
A property recovery order does not authorise entry to any premises by means of force.
A property recovery order does not confer any right on a person to take property that the person does not own or have a legal right to possess even if the type of property is specified in the order.
A property recovery order in respect of personal property left by the defendant on premises may not be made in the absence of the defendant.
A person must not, without reasonable excuse, contravene a property recovery order or obstruct a person who is attempting to comply with a property recovery order.
Maximum penalty—50 penalty units.
The onus of proof of reasonable excuse in proceedings for an offence against subsection (6) lies on the person accused of the offence.
The power of a court or an issuing officer under this Act to make an apprehended violence order for the protection of a person extends to authorise the making of such an order for the protection of a person with whom the person for whose protection the order was sought has a domestic relationship.
If the court makes an apprehended domestic violence order, or the court or issuing officer makes an interim apprehended domestic violence order, for the protection of a person of or above 18 years of age, the court or issuing officer must include as a protected person under the order any child with whom the person of or above 18 years of age has a domestic relationship.
A court or issuing officer is not required to comply with subsection (2) if satisfied that there are good reasons for not doing so. However, in that case the court or issuing officer is to give the reasons for not doing so.
For the avoidance of doubt, subsections (2) and (3) are subject to sections 41, 41AA and 42.
An apprehended violence order may be made by a court for the protection of a child in accordance with this section even though an application for the order was not made by a police officer.
This section applies to a person who pleads guilty to, or is found guilty of, a serious offence.
A court must make a final apprehended violence order for the protection of the person against whom the offence was committed whether or not—
(a) an interim apprehended violence order has been made, or
(b) an application for an apprehended violence order has been made.
However, the court need not make a final apprehended violence order if it is satisfied that it is not required (for example, because a final apprehended violence order has already been made against the person).
For an apprehended domestic violence order imposed by a court under this section, subsections (2B)–(2D) apply if the person—
(a) was at least 18 years of age at the time of the commission of the offence, and
(b) is sentenced to a term of imprisonment, other than by way of intensive correction in the community, for the offence.
Subject to subsection (2C), the court is to specify that the apprehended domestic violence order remains in force for—
(a) the period of the term of imprisonment for the offence, and
(b) an additional 2 years after the term of imprisonment ends.
The court may specify a different period if, in the opinion of the court, there is a good reason to impose a different period.
The date on which the apprehended domestic violence order comes into force may be a day before the day the person starts serving the person’s term of imprisonment.
In this section—
When a person is charged with an offence that appears to the court to be a serious offence, the court must make an interim court order against the defendant for the protection of the person against whom the offence appears to have been committed whether or not an application for an order has been made.
If an interim court order is made by the court, the court is to summon the defendant to appear at a further hearing of the matter on the determination of the charge against the person (instead of as soon as practicable after the order is made, as required by section 22(5)(a)).
However, the court need not make an interim court order if it is satisfied that it is not required (for example, because an apprehended violence order has already been made against the person).
The transcript of proceedings and any evidence admitted in the District Court or the Supreme Court in respect of a serious offence is admissible in the Local Court or Children’s Court for the purposes of determining any one or more of the following—
(a) an application for the variation or revocation of an interim court order made under this section in respect of the serious offence,
(b) an application for a final apprehended violence order to be made in respect of any such interim court order,
(c) an application for the variation or revocation of any such final apprehended violence order.
In this section
In this section, a
(a) attempted murder, or
(b) a domestic violence offence (other than murder, manslaughter or an offence under section 25A of the Crimes Act 1900), or
(c) an offence under, or mentioned in, the Crimes Act 1900, section 33 or 35, or
(c1a) a prescribed sexual offence within the meaning of the Criminal Procedure Act 1986, or
(c1) an offence under section 93AC (child forced marriage) of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7B (Forced marriage offences), or
(d) an offence of attempting to commit an offence referred to in paragraph (b), (c), (c1a) or (c1), or
(e) an offence under section 13, or
(f) an offence under the law of the Commonwealth, another State or a Territory or of another country that is similar to an offence referred to in paragraph (a), (b), (c), (cla), (c1), (d) or (e).
The Children’s Court may, during care proceedings, make an apprehended violence order for the protection of—
(a) the child to whom the care proceedings relate, or
(b) any person who is a relative of, or who resides on the same property as, the child,
or may vary or revoke any existing order that protects any of those persons.
The Children’s Court may make, vary or revoke an order on the application of a party to the care proceedings or on its own motion if the Court considers that the circumstances justify making, varying or revoking the order.
The Children’s Court is not to make or vary an order under this section that protects a person if the Court is aware that the defendant is subject to criminal proceedings before another court and those criminal proceedings arose out of some or all of the circumstances that justify the making of the order.
Before making, varying or revoking an order under this section, the Children’s Court is to notify the Commissioner of Police and the Secretary of the Department of Family and Community Services and give the Commissioner and Secretary standing to appear in the proceedings.
Before varying or revoking a police-initiated order under this section the Children’s Court is to notify the Commissioner of Police and give the Commissioner standing to appear in the proceedings.
Sections 48(3) and 72B do not apply to an application made under subsection (2).
The parties to the care proceedings and the defendant against whom the apprehended violence order is proposed to be made all have standing to appear in respect of the making of the apprehended violence order.
Subject to the regulations, section 91 (Appeals) of the Children and Young Persons (Care and Protection) Act 1998 applies to an apprehended violence order made under this section.
In this section—
This section applies to the following proceedings or part of proceedings—
(a) proceedings in which an apprehended violence order is sought or proposed to be made for the protection of a child,
(b) proceedings in relation to an application for the variation or revocation of an apprehended violence order if the protected person or one of the protected persons is a child,
(c) any part of proceedings in which an apprehended violence order is sought or proposed to be made in which a child appears as a witness,
(d) any part of proceedings in relation to an application for the variation or revocation of an apprehended violence order in which a child appears as a witness,
(d1) a part of proceedings in which a serious domestic abuse prevention order is sought or proposed to be made in which a child appears as a witness,
(d2) a part of proceedings in relation to an application for the variation or revocation of a serious domestic abuse prevention order in which a child appears as a witness,
(e) any part of proceedings under Part 13B for the variation or revocation of a recognised non-local DVO or for a declaration that a DVO is a recognised DVO in which a child appears as a witness,
(f) proceedings in which an apprehended violence order is sought or proposed to be made against a child,
(g) proceedings in relation to an application for the variation or revocation of an apprehended violence order made against a child.
Proceedings or any part of proceedings to which this section applies are to be heard in the absence of the public unless the court hearing the proceedings otherwise directs.
Even if proceedings or a part of proceedings to which this section applies are open to the public, the court hearing the proceedings may direct any person (other than a person who is directly interested in the proceedings) to leave the place where the proceedings are being heard during the examination of any witness.
In any proceedings referred to in subsection (1)(a), (b), (c), (d), (d1) or (d2), a child should not be required to give evidence in any manner about a matter unless the court is of the opinion that it is in the interests of justice for the child to do so.
If a child is required to give evidence under this section, the evidence should be required to be given only in accordance with Divisions 3 and 4 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986.
(b) any foreign order that became a registered foreign order in another participating jurisdiction before the commencement date that is a recognised DVO in that jurisdiction.
Sections 98Z and 98ZA extend to any variation or revocation of a DVO referred to in subsection (2), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO.
However, a non-local DVO, and any variation to a non-local DVO, does not become enforceable against the defendant in New South Wales, under this Part, until the commencement date (even if the making of the DVO, or variation, was properly notified before that date).
Each of the following DVOs is also taken to be a
(a) any DVO that is declared by a registrar of a court of New South Wales to be a recognised DVO in New South Wales under Subdivision 4,
(b) any DVO that is declared by a registrar of a court of another participating jurisdiction to be a recognised DVO in that jurisdiction under a corresponding law.
A recognised DVO referred to in subsection (1) becomes enforceable against the defendant in New South Wales, under this Part, when the declaration is made (despite section 98ZC).
To avoid doubt, section 98ZY extends to a DVO declared by a registrar of a court of another participating jurisdiction to be a recognised DVO before the commencement date.
Sections 98Z and 98ZA extend to any variation or revocation of a DVO referred to in subsection (1), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO.
However, the DVO, and any variation to the DVO, does not become enforceable against the defendant in New South Wales, under this Part, until the commencement date.
In this Subdivision—
A registrar may, by order, declare any DVO made in any jurisdiction to be a recognised DVO in New South Wales.
A declaration may be made in relation to any DVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised DVO in New South Wales.
The jurisdiction in which the DVO was made does not have to be a participating jurisdiction.
A registrar must make a declaration under this section if an application for the declaration is made in accordance with this Subdivision, unless the registrar decides to refuse to make the declaration in the interests of justice.
Without limiting subsection (4), the registrar may refuse to make the declaration if the registrar is not satisfied that the defendant has been properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.
Under section 98ZY, the DVO becomes enforceable against the defendant when the declaration is made. Subsection (7) of this section specifies that notice of the declaration is not to be served on the defendant unless the person making the application consents to service.
However, a registrar cannot declare a general violence order to be a recognised DVO in New South Wales.
Notice of a declaration is not to be served on the defendant unless the person who makes the application consents to service.
Under section 98X, a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders.
An application for a declaration that a DVO is a recognised DVO in New South Wales may be made by any person who would be able to make an application for variation of the DVO if the DVO were a recognised DVO.
The application must—
(a) be made in a form approved by the registrar, and
(b) be accompanied by any information or evidence the registrar requires.
It is only necessary to make an application in one participating jurisdiction. Under section 98ZY, once a declaration is made in any participating jurisdiction the DVO will be treated as a recognised DVO in all participating jurisdictions.
A court with power to make a local DVO may exercise any of the functions of a registrar of the court under this Subdivision.
The registration under Part 13 of any order made by a court of another State or Territory that was registered under that Part as an external protection order before the commencement date is not affected by the commencement of this Part and this Act continues to apply in respect of the order as if this Part had not commenced.
The order is not a local DVO for the purposes of this Part (despite section 97(1)(a)).
The order ceases to be registered under Part 13 if the order becomes a recognised DVO in New South Wales. In that case, this Part applies to the order in the same way as it applies to any other recognised DVO that is a non-local DVO.
Under this provision, an interstate order registered under Part 13 before the start of the national recognition scheme will continue to be enforceable in New South Wales as provided for by that Part. If the interstate order becomes a recognised DVO by operation of section 98ZX or by declaration under section 98ZZB, the order ceases to be registered under that Part and the order will then be enforceable in New South Wales and nationally under the national recognition scheme.
In this section—
Costs, other than professional costs, are not to be awarded in apprehended violence order proceedings.
A court may, subject to section 99A, award professional costs in apprehended violence order proceedings to the applicant for the order or decision concerned or the defendant in accordance with this section.
If professional costs are awarded against a person under this section, the costs must be paid by the person to the registrar of the court, for payment to—
(a) the defendant, in the case of costs awarded against an applicant, or
(b) the applicant, in the case of costs awarded against a defendant.
A court may make an order as to professional costs at the end of apprehended violence order proceedings or following the adjournment of the proceedings.
An order as to professional costs may be made following the adjournment of the proceedings only if the court is satisfied that the other party has incurred additional costs because of the unreasonable conduct or delays of the party against whom the order is made.
An order as to professional costs made following the adjournment of proceedings may be made whatever the result of the proceedings and may provide for the determination of the amount at the end of the proceedings.
An order as to professional costs may specify the amount of any professional costs payable or may specify that it is to be the amount as agreed or assessed.
The State is to indemnify a police officer, who acts in his or her capacity as a police officer in apprehended violence order proceedings, for any professional costs awarded against the police officer personally.
This section applies to apprehended violence order proceedings, including apprehended violence order proceedings conducted in the absence of one or more of the parties.
A court cannot, in apprehended violence order proceedings, award professional costs against an applicant who is a protected person in respect of the order unless satisfied that the application was frivolous or vexatious.
A court cannot, in apprehended domestic violence order proceedings, award professional costs against an applicant who is a police officer unless satisfied that—
(a) the applicant made the application knowing it contained matter that was false or misleading in a material particular, or
(b) the applicant has deviated from the reasonable case management of the proceedings so significantly as to be inexcusable.
The mere fact that a protected person does any one or more of the following in relation to apprehended domestic violence order proceedings does not give rise to a ground to award costs against an applicant who is a police officer and who made the application in good faith—
(a) indicating that he or she will give unfavourable evidence,
(b) indicating that he or she does not want an apprehended domestic violence order or that he or she has no fears,
(c) giving unfavourable evidence or failing to attend to give evidence.
This section has effect despite section 99 or any other provision of this or any other Act or law.
In this section—
Except as expressly provided by this Act, nothing in this Act affects the operation that Parts 2 and 3 of the Crimes (Appeal and Review) Act 2001 would have if this Act had not been enacted.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Schedule 1 has effect.
(Repealed)
The Minister is to review the provisions of this Act amended or inserted by the Crimes (Domestic and Personal
Violence) and Other Legislation Amendment Act 2024 (the
The review is to be undertaken as soon as possible after the period of 12 months from the commencement of all of the provisions of the amending Act, Schedule 1.
A report on the outcome of the review is to be tabled in each House of Parliament within 6 months after the end of the period of 12 months.
(Section 102)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• Crimes (Domestic and Personal Violence) Amendment Act 2008
• any other Act that amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
The provisions of this Part are subject to the regulations.
An apprehended domestic violence order made under the old Part 15A before the repeal of that Part by this Act is taken to have been made under this Act.
An apprehended personal violence order made under the old Part 15A before the repeal of that Part by this Act is taken to have been made under this Act.
An interim order made by a court or registrar under the old Part 15A before the repeal of that Part by this Act is taken to be an interim court order made under this Act.
A telephone interim order made under the old Part 15A before the repeal of that Part by this Act is taken to be a provisional order made under this Act.
An external protection order registered under Division 10 of the old Part 15A is taken to have been registered under Part 13 of this Act.
Any order taken by this clause to have been made under this Act has effect for the same period as it would have had under the provisions of the old Part 15A but may be varied or revoked in accordance with this Act.
An application for an order under the old Part 15A that has not been determined before the repeal of that Part by this Act is taken to be an application for the same type of order under this Act.
A reference in any other Act or instrument to Part 15A of the Crimes Act 1900 includes a reference to this Act.
A reference to this Act in any other Act or instrument includes a reference to old Part 15A.
A reference in this Act or any other Act or instrument to section 13 of this Act includes a reference to sections 545AB and 562AB of the Crimes Act 1900 (as in force before their repeal).
A reference in this Act or any other Act or instrument to section 14 of this Act includes a reference to sections 562I (as in force before its substitution by the Crimes Amendment (Apprehended Violence) Act 2006) and 562ZG (as in force before its repeal) of the Crimes Act 1900.
A reference in this or any other Act or instrument to a final apprehended violence order made under this Act includes a reference to a final order within the meaning of old Part 15A.
A reference in this or any other Act or instrument to an interim apprehended violence order made under this Act includes a reference to an interim order made by a court under old Part 15A or a telephone interim order within the meaning of old Part 15A.
A reference in this or any other Act or instrument to an application for an order under this Act includes a reference to a complaint or application for an order under old Part 15A.
A reference in this or any other Act or instrument to apprehended violence order proceedings within the meaning of this Act includes a reference to proceedings under old Part 15A in relation to an apprehended violence order or an application or complaint for an apprehended violence order.
Section 12 extends to—
(a) enabling the making of an application to record a domestic violence offence occurring before the commencement of that section, and
(b) authorising the recording of domestic violence offences occurring before the commencement of that section.
In this Part,
(a) an amendment made to Part 2 of this Schedule by the Crimes (Domestic and Personal Violence) Amendment Act 2008, or
(b) an amendment made to an Act or regulation by Schedule 2 to the Crimes (Domestic and Personal Violence) Amendment Act 2008.
Anything done or omitted to be done on or after the commencement of this Act, but before the commencement of a relevant amendment, that would have been valid if the amendment had been in force at the time that it was done or omitted is taken to have been validly done or omitted.
Anything done or omitted to be done before the commencement of this Act in purported compliance with the Firearms Act 1996 that would have been valid if, at the time that the thing was done or omitted, the definition of
Anything done or omitted to be done before the commencement of this Act in purported compliance with the Weapons Prohibition Act 1998 that would have been valid if, at the time that the thing was done or omitted, the definition of
Subclauses (1)–(3) do not affect any decision of a court or tribunal made before the commencement of this clause or any proceedings before a court or tribunal commenced before the commencement of this clause.
Section 31(2) (as inserted by the Crimes (Domestic and Personal Violence) Amendment Act 2008) does not apply to a provisional order made before the commencement of the subsection.
In this Part—
In this clause—
The amendment of a provision of the Act by the amending Act does not affect an application made but not finally dealt with before the amendment nor does it affect any proceedings arising from any such application even if those proceedings take place after the amendment and, in any such case, the provision as in force immediately before its amendment is taken to continue to apply.
Subclause (2) is subject to the other provisions of this Part and the regulations.
Section 32, as substituted by the amending Act, extends to a provisional order that is in force immediately before that substitution.
Section 39, as substituted by the amending Act, applies in respect of a guilty plea or finding of guilt in proceedings even if the proceedings commenced before that substitution.
The transcript of proceedings and any evidence admitted in the District Court or the Supreme Court in respect of a serious offence is admissible in the Local Court or Children’s Court for the purposes of determining an application referred to in section 40(4) even if the proceedings to which the transcript or evidence relates took place before the substitution of section 40(4) by the amending Act.
Section 40A applies in respect of care proceedings (and any appeal arising from those proceedings) even if the care proceedings were commenced before the commencement of that section.
Section 41A applies in respect of proceedings even if the proceedings were commenced before the commencement of that section. However, this clause does not cause evidence given before that commencement to be inadmissible.
Section 99, as substituted by the amending Act, does not apply to proceedings that commenced before that substitution and that section, as in force immediately before its substitution, continues to apply to any such proceedings as if it had not been substituted.
Section 99A does not apply to proceedings that commenced before the commencement of that section.
Section 5A, as inserted by the Justice Legislation Amendment Act (No 3) 2018, does not apply to, or affect the validity of, any order made under this Act before the commencement of the section.
Section 5A, as inserted by the Justice Legislation Amendment Act (No 3) 2018, does not affect an application for an order under this Act made but not finally determined before the commencement of the section or any proceedings arising from the application that have not finally been determined before the commencement of the section, even if those proceedings take place after that commencement. For the purposes of the application and proceedings, this Act as in force immediately before the commencement of section 5A is taken to continue to apply.
An application for an apprehended violence order made but not finally determined before the amendment of sections 7 and 8 by the amending Act is to be dealt with as if those sections had not been amended.
Sections 7 and 8, as amended by the amending Act, extend to the consideration by a court of an application, made after those amendments commence, for the variation or revocation of a final apprehended violence order or interim court order that was in force immediately before the commencement of those amendments.
In this Part—
An amendment made to this Act by the Crimes Legislation Amendment (Victims) Act 2018 applies only to proceedings commenced after the commencement of the amendment.
In this Part—
An application for an apprehended violence order made but not finally determined before the amendment of section 7 by the amending Act is to be dealt with as if that section had not been amended.
Section 7, as amended by the amending Act, applies to an application, made after the amendment, for the variation or revocation of a final apprehended violence order or interim court order in force immediately before the amendment.
To remove any doubt, section 36(c) as amended by the amending Act does not apply to an order made before the amendment.
Section 39, as amended by the amending Act, does not extend to a person who pleaded guilty to, or was found guilty, of a serious offence before the commencement of Schedule 1[11] of the amending Act.
An amendment made by the Crimes Legislation Amendment (Coercive Control) Act 2022 applies only in relation to—
(a) behaviour that occurred, or is alleged to have occurred, on or after the commencement of the amendment, or
(b) an offence committed, or alleged to have been committed, on or after the commencement of the amendment.
Section 14(1A) and (1C) do not apply in relation to a contravention of a prohibition or restriction specified in an apprehended domestic violence order that occurred before the commencement of the subsections.
A decision made under section 69 by a Registrar or authorised officer about bail that is in force immediately before the commencement continues in force as if the amendment Act had not commenced.
In this clause—
(Repealed)
Crimes (Domestic and Personal Violence) Act 2007 No 80. Assented to 7.12.2007. Date of commencement, 10.3.2008, sec 2 and GG No 30 of 7.3.2008, p 1429. This Act has been amended as follows—
No 53 | Courts and Crimes Legislation Amendment Act 2008. Assented to 1.7.2008. Date of commencement of Sch 8, 1.7.2008, sec 2 (5). | |
No 114 | Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 119 | Crimes (Domestic and Personal Violence) Amendment Act 2008. Assented to 10.12.2008. Date of commencement, assent, sec 2. | |
No 4 | Crimes (Appeal and Review) Amendment Act 2009. Assented to 30.3.2009. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 27 | Criminal Legislation Amendment Act 2009. Assented to 19.5.2009. Date of commencement, assent, sec 2. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 1.9, 17.7.2009, sec 2 (2). | |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 4, 8.1.2010, sec 2 (2). | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 42 | Residential Tenancies Act 2010. Assented to 17.6.2010. Date of commencement, 31.1.2011, sec 2 and 2010 (658) LW 3.12.2010. | |
No 67 | Crimes Legislation Amendment Act 2012. Assented to 24.9.2012. Date of commencement, assent, sec 2. | |
No 28 | Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Act 2013. Assented to 27.5.2013. Date of commencement, 15.9.2014, sec 2 and 2014 (591) LW 5.9.2014. Amended by Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Act 2014 No 27. Assented to 24.6.2014. Date of commencement, assent, sec 2. | |
No 87 | Crimes (Domestic and Personal Violence) Amendment Act 2013. Assented to 11.11.2013. Date of commencement, 20.5.2014, sec 2 and 2014 (256) LW 16.5.2014. | |
No 2 | Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014. Assented to 31.1.2014. Date of commencement of Sch 6, assent, sec 2 (1). | |
No 5 | Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014. Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014. | |
No 59 | Crimes Legislation Amendment Act 2014. Assented to 23.10.2014. Date of commencement, assent, sec 2. | |
No 88 | Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 2, 8.1.2015, sec 2 (1). | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 9 | Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Act 2016. Assented to 6.4.2016. Date of commencement, 25.11.2017, sec 2 and 2017 (641) LW 24.11.2017. Sch 1 [1] and [2] were not commenced and were repealed by the Justice Legislation Amendment Act (No 2) 2017 No 44. Amended by Justice Legislation Amendment Act (No 2) 2017 No 44. Assented to 25.9.2017. Date of commencement of Sch 1.7, assent, sec 2 (1). | |
No 33 | Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016. Assented to 28.6.2016. Date of commencement of Sch 1, 3.12.2016, sec 2 and 2016 (716) LW 1.12.2016. | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 3.6, 6.1.2017, sec 2 (1). | |
No 29 | Crimes Amendment (Intimate Images) Act 2017. Assented to 27.6.2017. Date of commencement, 25.8.2017, sec 2 and 2017 (462) LW 25.8.2017. | |
No 44 | Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.6 [1] and [7]–[13], 25.11.2017, sec 2 (2) and 2017 (642) LW 24.11.2017; date of commencement of Sch 1.6 [2]–[6], assent, sec 2 (1). | |
No 29 | Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018. Date of commencement of Schs 1.6 and 2, assent, sec 2 (1). | |
No 30 | Modern Slavery Act 2018. Assented to 27.6.2018. Date of commencement, 1.1.2022, sec 2. | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 5.4, 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018. | |
No 34 | Victims Rights and Support Amendment (Statutory Review) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.4, 14.1.2019, sec 2 and 2018 (738) LW 14.12.2018. | |
No 83 | Crimes Legislation Amendment Act 2018. Assented to 28.11.2018. Sch 1[1] [3] [5] (to the extent it inserts sec 79C) and [6] were not commenced the Act was repealed by the Stronger Communities Legislation Amendment (Domestic Violence) Act 2020 No 36; Sch 1[2] was not commenced and was repealed by the Justice Legislation Amendment Act (No 2) 2019 No 20; date of commencement of Sch 1[4] and [5] (to the extent it inserts secs 79A and 79B), 28.3.2020, sec 2(1) and 2020 (7) LW 17.1.2020. Amended by Justice Legislation Amendment Act (No 2) 2019 No 20. Assented to 22.11.2019. Date of commencement of Sch 1.8, assent, sec 2(1). | |
No 84 | Crimes (Domestic and Personal Violence) Amendment Act 2018. Assented to 28.11.2018. Date of commencement, 1.12.2018, sec 2. | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 1.11 [1] and [2], 17.12.2018, sec 2 (4); date of commencement of Sch 1.11 [3] and [4], assent, sec 2 (1). | |
No 88 | Crimes Legislation Amendment (Victims) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 2, 1.12.2018, sec 2 (2). | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 36 | Stronger Communities Legislation Amendment (Domestic Violence) Act 2020. Assented to 25.11.2020. Date of commencement of Sch 1[1] and [11]–[13], 27.3.2021, cl 2(2) and 2021 (93) LW 5.3.2021; date of commencement of Sch 1[2]–[10] and [14]–[20], assent, sec 2(1). | |
No 65 | Crimes Legislation Amendment (Coercive Control) Act 2022. Assented to 23.11.2022. Date of commencement of Sch 2[1] [2] [4] and [6], 1.2.2024, sec 2(1)(a); date of commencement of Sch 2[3] and [5], 1.7.2024, sec 2(3)(a). | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 3 | Crime and Criminal Procedure Legislation Amendment Act 2024. Assented to 19.2.2024. Date of commencement, assent, sec 2. | |
No 19 | Conversion Practices Ban Act 2024. Assented to 3.4.2024. Date of commencement, 12 months after assent (i.e. 4.4.2025), sec 2. | |
No 59 | Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024. Assented to 27.9.2024. Date of commencement of Sch 1[1] [2] and [8]–[18], 29.9.2025, sec 2(b) and 2024 (622) LW 13.12.2024; date of commencement of Sch 1[3], 1.12.2024, sec 2(a)(i); date of commencement of Sch 1[4]–[6] [7], to the extent that it substitutes sec 32, and [19], 31.3.2025, sec 2(b) and 2024 (622) LW 13.12.2024; date of commencement of Sch 1[7], to the extent that it substitutes sec 31, 3.2.2025, sec 2(b) and 2024 (622) LW 13.12.2024. | |
No 71 | Equality Legislation Amendment (LGBTIQA+) Act 2024. Assented to 23.10.2024. Date of commencement of Sch 3, 1.12.2024, sec 2(a) and 2024 (599) LW 29.11.2024. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 2.3, immediately after the commencement of Equality Legislation Amendment (LGBTIQA+) Act 2024, Sch 3[4] (ie 1.12.2024), sec 2(a). | |
No 61 | Local Court and Bail Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Sch 2: not in force; date of commencement of Sch 3, assent, sec 2(a). |
Sec 3 | Am 2008 No 53, Sch 8 [1] [2]; 2013 No 87, Sch 1 [1]–[3]; 2016 No 33, Sch 1 [1]; 2017 No 44, Sch 1.6 [1]; 2018 No 30, Sch 5.3[1A]; 2022 No 65, Sch 2[1]; 2024 No 59, Sch 1[1]. |
Sec 4 | Am 2008 No 119, Sch 1 [1]; 2014 No 2, Sch 6.1 [1]; 2016 No 33, Sch 1 [2]–[6]; 2017 No 29, Sch 2.2; 2018 No 30, Sch 5.3[1] [2]; 2018 No 33, Sch 5.4 [1]–[3]; 2024 No 59, Sch 1[2]. |
Sec 5 | Am 2010 No 19, Sch 3.30 [1] [2]; 2016 No 33, Sch 1 [7]; 2018 No 87, Sch 1.11 [1]. |
Sec 5A | Ins 2018 No 87, Sch 1.11 [2]. |
Sec 6 | Am 2010 No 19, Sch 3.30 [3]. |
Sec 6A | Ins 2022 No 65, Sch 2[2]. |
Sec 7 | Am 2018 No 30, Sch 5.3[3]; 2018 No 84, Sch 1 [1] [2]; 2020 No 36, Sch 1[1]; 2024 No 71, Sch 3[1]. |
Sec 8 | Am 2018 No 84, Sch 1 [3]; 2024 No 59, Sch 1[3]. |
Sec 9 | Am 2016 No 33, Sch 1 [8]; 2020 No 36, Sch 1[2]. |
Sec 11 | Subst 2016 No 33, Sch 1 [9]. Am 2022 No 65, Sch 2[3]–[5]. |
Sec 13 | Am 2009 No 27, Sch 1.4 [1]. |
Sec 14 | Am 2009 No 27, Sch 1.4 [2]–[4]; 2024 No 59, Sch 1[4]–[6]. |
Sec 15 | Am 2013 No 87, Sch 1 [4]. |
Sec 16 | Am 2016 No 33, Sch 1 [10]–[13]; 2024 No 19, Sch 3.2[1]. |
Sec 19 | Am 2024 No 19, Sch 3.2[1]. |
Sec 21 | Am 2013 No 87, Sch 2 [1]–[3]; 2024 No 71, Sch 3[2] [3]. |
Sec 24A | Ins 2013 No 87, Sch 2 [4]. |
Sec 25 | Subst 2013 No 87, Sch 1 [5]. |
Sec 27 | Am 2020 No 36, Sch 1[3]. |
Sec 28 | Am 2013 No 87, Sch 1 [6]; 2016 No 55, Sch 3.6. |
Sec 28A | Ins 2013 No 87, Sch 1 [7]. Am 2018 No 29, Sch 2.4. |
Sec 28B | Ins 2020 No 36, Sch 1[4]. |
Sec 29 | Am 2013 No 87, Sch 1 [8]; 2020 No 1, Sch 2.6; 2020 No 36, Sch 1[5] [6]; 2023 No 7, Sch 2.16; 2024 No 3, Sch 3[1]. |
Sec 30 | Am 2013 No 87, Sch 1 [9]. |
Sec 31 | Am 2008 No 119, Sch 1 [2]. Subst 2024 No 59, Sch 1[7]. |
Sec 32 | Subst 2016 No 33, Sch 1 [14]. Am 2020 No 36, Sch 1[7]. Subst 2024 No 3, Sch 3[2]; 2024 No 59, Sch 1[7]. |
Sec 33 | Am 2013 No 87, Sch 1 [10]–[12]; 2016 No 33, Sch 1 [15]; 2020 No 36, Sch 1[8]. |
Sec 33A | Ins 2013 No 87, Sch 1 [13]. Am 2018 No 29, Sch 2.4; 2020 No 36, Sch 1[9]. |
Sec 34 | Am 2024 No 3, Sch 3[3]. |
Sec 34A | Ins 2013 No 87, Sch 1 [14]. |
Sec 35 | Am 2008 No 119, Sch 1 [3]–[5]; 2010 No 42, Sch 3.3; 2013 No 87, Sch 1 [15] [16]; 2016 No 33, Sch 1 [16]; 2018 No 30, Sch 5.3[4]; 2020 No 36, Sch 1[10]. |
Sec 36 | Subst 2016 No 33, Sch 1 [17]. Am 2020 No 36, Sch 1[11]. |
Sec 37 | Am 2008 No 119, Sch 1 [6]; 2013 No 87, Sch 1 [17]; 2016 No 33, Sch 1 [18]. |
Sec 38 | Subst 2008 No 119, Sch 1 [7]. Am 2013 No 87, Sch 1 [9]; 2018 No 88, Sch 2 [1]. |
Sec 39 | Am 2014 No 2, Sch 6.1 [2]. Subst 2016 No 33, Sch 1 [19]. Am 2020 No 36, Sch 1[12] [13]. |
Sec 40 | Am 2014 No 2, Sch 6.1 [2]; 2016 No 33, Sch 1 [20]; 2018 No 30, Sch 5.3[5]–[7]; 2018 No 33, Sch 5.4 [4]–[5]; 2024 No 3, Sch 3[4]–[6]. |
Sec 40A | Ins 2016 No 33, Sch 1 [21]. Am 2018 No 34, Sch 3.4; 2020 No 36, Sch 1[14]. |
Sec 41 | Am 2016 No 9, Sch 1 [3]; 2018 No 29, Sch 1.6; 2024 No 59, Sch 1[8]–[10]. |
Sec 41AA | Ins 2018 No 88, Sch 2 [2]. Am 2024 No 59, Sch 1[11]. |
Sec 41A | Ins 2016 No 33, Sch 1 [22]. Am 2024 No 59, Sch 1[12] [13]. |
Sec 43 | Am 2013 No 87, Sch 1 [9]; 2016 No 9, Sch 1 [4] [5]. |
Sec 44 | Am 2013 No 87, Sch 1 [9]. |
Sec 45 | Am 2016 No 9, Sch 1 [6]; 2024 No 59, Sch 1[14]. |
Sec 46 | Am 2024 No 59, Sch 1[15] [16]. |
Sec 47 | Am 2020 No 36, Sch 1[15]. |
Sec 48 | Am 2008 No 119, Sch 1 [8], 2012 No 67, Sch 3.1 [1] [2]; 2016 No 33, Sch 1 [23] [24]; 2018 No 30, Sch 5.3[8] [9]. |
Sec 49A | Ins 2013 No 87, Sch 2 [5]. |
Sec 50 | Am 2014 No 59, Sch 1.2; 2016 No 33, Sch 1 [25]. |
Sec 52A | Ins 2018 No 30, Sch 5.3[10]. |
Sec 53 | Am 2013 No 87, Sch 2 [6]; 2024 No 71, Sch 3[4]; 2024 No 82, Sch 2.3. |
Sec 55 | Am 2018 No 30, Sch 5.3[11]. |
Sec 57 | Am 2017 No 44, Sch 1.6 [2]–[4]. |
Sec 57A | Ins 2016 No 33, Sch 1 [26]. |
Sec 58 | Subst 2018 No 88, Sch 2 [3]. |
Sec 69 | Am 2025 No 61, Sch 3.6[1]. |
Sec 72 | Am 2008 No 119, Sch 1 [9]; 2012 No 67, Sch 3.1 [3]. Subst 2016 No 33, Sch 1 [27]. Am 2020 No 36, Sch 1[16]. |
Secs 72A–72D | Ins 2016 No 33, Sch 1 [27]. |
Sec 73 | Am 2016 No 33, Sch 1 [28]. |
Sec 74 | Am 2016 No 33, Sch 1 [29] [30]. |
Sec 75 | Am 2017 No 44, Sch 1.6 [5] [6]. |
Sec 78 | Am 2016 No 33, Sch 1 [31]. |
Sec 79 | Am 2018 No 83, Sch 1[4] (am 2019 No 20, Sch 1.8[2] [3]). |
Sec 79A | Ins 2018 No 83, Sch 1[5] (am 2019 No 20, Sch 1.8[4]). Am 2020 No 36, Sch 1[17]. |
Sec 79B | Ins 2018 No 83, Sch 1[5] (am 2019 No 20, Sch 1.8[5]). Am 2020 No 36, Sch 1[18]. |
Sec 81 | Am 2013 No 87, Sch 1 [18]. |
Sec 81A | Ins 2020 No 36, Sch 1[19]. |
Sec 83 | Am 2014 No 5, Sch 2.11 [1] [2]. |
Sec 84 | Am 2008 No 53, Sch 8 [3] [4]; 2009 No 4, Sch 2.1 [1]–[3]; 2009 No 56, Sch 1.9; 2009 No 106, Sch 4.11 [1] [2]; 2017 No 44, Sch 1.6 [7]. |
Sec 85 | Am 2014 No 5, Sch 2.11 [3]. |
Sec 86 | Am 2015 No 7, Sch 2.9. |
Sec 87 | Am 2016 No 33, Sch 1 [32]. |
Part 10A | Ins 2024 No 59, Sch 1[17]. |
Part 10A, Div 1 | Ins 2024 No 59, Sch 1[17]. |
Sec 87A | Ins 2024 No 59, Sch 1[17]. |
Part 10A, Div 2 | Ins 2024 No 59, Sch 1[17]. |
Sec 87B | Ins 2024 No 59, Sch 1[17]. |
Sec 87C | Ins 2024 No 59, Sch 1[17]. |
Sec 87D | Ins 2024 No 59, Sch 1[17]. |
Sec 87E | Ins 2024 No 59, Sch 1[17]. |
Sec 87F | Ins 2024 No 59, Sch 1[17]. |
Sec 87G | Ins 2024 No 59, Sch 1[17]. |
Sec 87H | Ins 2024 No 59, Sch 1[17]. |
Part 10A, Div 3 | Ins 2024 No 59, Sch 1[17]. |
Sec 87I | Ins 2024 No 59, Sch 1[17]. |
Sec 87J | Ins 2024 No 59, Sch 1[17]. |
Sec 87K | Ins 2024 No 59, Sch 1[17]. |
Sec 89 | Subst 2013 No 87, Sch 1 [19]. |
Sec 89A | Ins 2013 No 87, Sch 1 [19]. |
Sec 89B | Ins 2017 No 44, Sch 1.6 [8]. |
Sec 90 | Am 2013 No 87, Sch 1 [20]; 2017 No 44, Sch 1.6 [9]. |
Sec 90A | Ins 2013 No 87, Sch 1 [21]. Am 2017 No 44, Sch 1.6 [10]–[13]. |
Secs 90B–90D | Ins 2013 No 87, Sch 1 [21]. |
Sec 91 | Am 2008 No 53, Sch 8 [5]. |
Sec 92 | Rep 2008 No 53, Sch 8 [6]. Ins 2016 No 33, Sch [33]. |
Sec 94 | Am 2016 No 9, Sch 1 [7]. |
Sec 97 | Am 2016 No 9, Sch 1 [8]. |
Part 13A | Ins 2013 No 28, Sch 1 [1]. |
Part 13A, Div 1, heading | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [1]). |
Sec 98A | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [2]). Am 2014 No 88, Sch 2.14. |
Sec 98B | Ins 2013 No 28, Sch 1 [1]. |
Part 13A, Div 2, heading | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [4]). |
Secs 98C–98J | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [4]). |
Sec 98K | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [4]). |
Sec 98KA | Ins 2018 No 87, Sch 1.11 [3]. |
Sec 98L | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [4]). |
Part 13A, Div 3, heading | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [4]). |
Secs 98M, 98N | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [4]). |
Part 13A, Div 4, heading | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [4]). |
Sec 98O | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [3] [5] [6]). |
Sec 98P | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [7]). Am 2014 No 88, Sch 2.14. |
Sec 98Q | Ins 2013 No 28, Sch 1 [1] (am 2014 No 27, Sch 1 [7]). |
Part 13B | Ins 2016 No 9, Sch 1 [9]. |
Sec 98R | Ins 2016 No 9, Sch 1 [9]. |
Sec 98S | Ins 2016 No 9, Sch 1 [9] (am 2017 No 44, Sch 1.7 [2]). |
Sec 98T | Ins 2016 No 9, Sch 1 [9]. |
Sec 98U | Ins 2016 No 9, Sch 1 [9] (am 2017 No 44, Sch 1.7 [3]–[6]). |
Sec 98V | Ins 2016 No 9, Sch 1 [9] (am 2017 No 44, Sch 1.7 [7]–[9]). |
Sec 98W | Ins 2016 No 9, Sch 1 [9] (am 2017 No 44, Sch 1.7 [10]). |
Secs 98X–98ZA | Ins 2016 No 9, Sch 1 [9]. |
Sec 98ZB | Ins 2016 No 9, Sch 1 [9] (am 2017 No 44, Sch 1.7 [11]). |
Sec 98ZC | Ins 2016 No 9, Sch 1 [9] (am 2017 No 44, Sch 1.7 [12]). |
Secs 98ZD–98ZT | Ins 2016 No 9, Sch 1 [9]. |
Sec 98ZTA | Ins 2016 No 9, Sch 1 [9] (am 2017 No 44, Sch 1.7 [13]). |
Secs 98ZU–98ZZE | Ins 2016 No 9, Sch 1 [9]. |
Sec 99 | Am 2008 No 53, Sch 8 [7]. Subst 2016 No 33, Sch 1 [34]. |
Sec 99A | Ins 2016 No 33, Sch 1 [34]. |
Sec 103 | Rep 2008 No 114, Sch 4. |
Sec 104 | Subst 2024 No 59, Sch 1[18]. |
Sch 1 | Am 2008 No 119, Sch 1 [10]–[14]; 2013 No 28, Sch 1 [2]; 2016 No 33, Sch 1 [35]; 2018 No 84, Sch 1 [4]; 2018 No 87, Sch 1.11 [4]; 2018 No 88, Sch 2 [4]; 2020 No 36, Sch 1[20]; 2022 No 65, Sch 2[6]; 2024 No 59, Sch 1[19]; 2025 No 61, Sch 3.6[2]. |
Sch 2 | Rep 2008 No 114, Sch 4. |
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