Crimes (Domestic and Personal Violence) Amendment (Application Notices) Regulation 2020 (NSW)
New South Wales
Crimes (Domestic and Personal Violence)
Amendment (Application Notices)
Regulation 2020
under the
Crimes (Domestic and Personal Violence) Act 2007
Her Excellency the Governor, with the advice of the Executive Council, has made the following
Regulation under the Crimes (Domestic and Personal Violence) Act 2007.
MARK SPEAKMAN, MP
Attorney General, and Minister for the Prevention of Domestic Violence
Explanatory note
The object of this Regulation is to update the prescribed form of an application notice for an apprehended domestic violence order to require an applicant to provide reasons for seeking the period specified for the duration of the order.
This Regulation is made under the Crimes (Domestic and Personal Violence) Act 2007, including sections
50(2) and 101 (the general regulation-making power).
Crimes (Domestic and Personal Violence) Amendment (Application Notices) Regulation 2020 [NSW]
Crimes (Domestic and Personal Violence) Amendment
(Application Notices) Regulation 2020
under the
Crimes (Domestic and Personal Violence) Act 2007
1 Name of Regulation
This Regulation is the Crimes (Domestic and Personal Violence) Amendment
(Application Notices) Regulation 2020.
2 Commencement
This Regulation commences on 28 March 2020 and is required to be published on the
NSW legislation website.
Crimes (Domestic and Personal Violence) Amendment (Application Notices) Regulation 2020 [NSW]
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Regulation 2019
| Schedule 1 | Amendment of Crimes (Domestic and Personal Violence) Regulation 2019 |
Schedule 1 Application notices for apprehended violence orders
Omit Form 2. Insert instead—
Form 2 Application for apprehended domestic violence order Crimes (Domestic and Personal Violence) Act 2007
Details of the applicant (the person making the application)
Name—
Police application number (if application made by police)—
Contact details—
Details of the protected person or persons (the persons to be protected by the order)
Name of first person—
Address—
Date of birth/Age—
Relationship to defendant—
Name of any other person—
Address—
Date of birth/Age—
Note. The address at which a protected health care provider resides must not be stated in this application
unless the protected health care provider consents to the address being included or, if the application is
made by a police officer, the police officer is satisfied that the defendant knows the address.
Details of the defendant (the person against whom the order is sought)
Name—
Date of birth/Age—
Telephone number—
Address—
Central Name Index (where known)—
NOTICE TO DEFENDANT
You are directed to attend the Local Court or Children’s Court of NSW on—
Date—
Time—
Place—
If you fail to attend, the court may make orders against you or issue a warrant for your arrest to bring you before the court.
Reasons for making this application and the duration sought
The applicant is seeking an apprehended domestic violence order for a period of [insert
number] years.
The reasons the applicant is making an application for an apprehended domestic violence order and seeks the period specified above are as follows—
Further information about the relationship between the applicant and the defendant
Note. This section is not required to be completed if this application is made by the police.
Crimes (Domestic and Personal Violence) Amendment (Application Notices) Regulation 2020 [NSW]
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Regulation 2019
1 Are you currently involved in any legal proceedings under the Yes No Family Law Act 1975 of the Commonwealth that may be relevant? If the answer is “Yes”, give details— 2 Has the court made a property order or are property orders Yes No currently being sought under the Family Law Act 1975 of the
Commonwealth that may be relevant?If the answer is “Yes”, give details— 3 Has the court made a parenting order under the Family Law Act Yes No 1975 of the Commonwealth that affects this application? If the answer is “Yes”— On what basis was the parenting order made— Why should the court intervene with that parenting order— The applicant asks that the court make the following orders against the defendant—
The standard orders that the applicant asks the court to make
Orders about behaviour
1 The defendant must not do any of the following to the protected person(s) or anyone the protected person(s) has a domestic relationship with—
(a) assault or threaten them, and (b) stalk, harass or intimidate them, and (c)
intentionally or recklessly destroy or damage any property that belongs to or is in the possession of them.
Additional orders that the applicant asks the court to make (tick if required)
Orders about contact
2 The defendant must not approach or contact the protected person(s) in any way,
unless contact is through a lawyer. 3 The defendant must not approach—
(a) the school or any other place the protected person(s) might go to for
study, or (b) any place the protected person(s) might go to for childcare, or (c) any other place listed here— 4 The defendant must not approach or be in the company of the protected person(s)
within at least 12 hours after drinking alcohol or taking illicit drugs. 5 The defendant must not try to find the protected person(s), except as ordered by a
court.Orders about family law and parenting
6 The defendant must not approach or contact the protected person(s) in any way,
unless contact is—
(a) through a lawyer, or
Crimes (Domestic and Personal Violence) Amendment (Application Notices) Regulation 2020 [NSW]
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Regulation 2019
(b) to attend accredited or court-approved counselling, mediation and/or
conciliation, or (c) ordered by this court or another court about contact with the
child/children, or (d) as agreed in writing between the defendant and the parent(s) about
contact with the child/children, or (e) as agreed in writing between the defendant, the parent(s) and the
person with parental responsibility for the child/children about contact
with the child/children.Note. Order 6(e) is an alternative to order 6(d). Orders about where defendant cannot go
7 The defendant must not live at—
(a) the same address as the protected person(s), or (b) any place listed here— 8 The defendant must not go into—
(a) any place where the protected person(s) lives, or (b) any place where the protected person(s) works, or (c) any place listed here— 9 The defendant must not go within [insert number] metres of—
(a) any place where the protected person(s) lives, or (b) any place where the protected person(s) works, or (c) any place listed here— Order about weapons
10 The defendant must not possess any firearms or prohibited weapons. Other orders
11 [List other orders]. Signature of the applicant—
Date—
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