Crimes (Domestic and Personal Violence) Amendment (Apprehended Personal Violence Orders) Regulation 2015 (NSW)

New South Wales

Crimes (Domestic and Personal Violence)

Amendment (Apprehended Personal

Violence Orders) Regulation 2015

under the

Crimes (Domestic and Personal Violence) Act 2007

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Crimes (Domestic and Personal Violence) Act 2007.

BRAD HAZZARD, MP

Attorney General

Explanatory note

violence order.	The object of this Regulation is to prescribe the form of an application notice for an apprehended personal sections 50 (2) and 101 (the general regulation-making power).
Crimes (Domestic and Personal Violence) Amendment (Apprehended Personal Violence Orders) Regulation 2015
under the
Crimes (Domestic and Personal Violence) Act 2007

1      Name of Regulation

This Regulation is the Crimes (Domestic and Personal Violence) Amendment
(Apprehended Personal Violence Orders) Regulation 2015.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of Crimes (Domestic and Personal
Violence) Regulation 2014

[1]      Clause 3 Definition

Insert “(other than in Schedule 1)” after “in this Regulation” in clause 3 (2).

[2]      Clause 5 and Schedule 1

Insert after clause 4:

5      Form of application notice for apprehended personal violence order

For the purposes of section 50 (2) of the Act, the form set out in Schedule 1 is prescribed.

Schedule 1 Application notice for apprehended personal
violence order

(Clause 5)

Application for apprehended personal 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):

Details of the protected person or persons (the persons to be protected by the order)
Name of first person:
Address:

Age:

Name of any other person:
Address:
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:
Telephone number:
Address:

Central Name Index (where known):

NOTICE TO APPLICANT
It is an offence under the Crimes (Domestic and Personal Violence) Act 2007 to make a statement
in this application that you know is false or misleading in a significant respect.
The maximum penalty for that offence is imprisonment for 12 months and/or a fine of $1,100.
NOTICE TO DEFENDANT

You are directed to attend the Local Court of NSW on: you before the court.

Date:
Time:
Place:
Reasons for making this application

The applicant is making an application for an apprehended personal violence order for the following reasons:

Further information about the relationship between the applicant and the defendant

1	Is there an existing commercial relationship between you and the	Yes 	No 
defendant? If the answer is “Yes”, give details:
2	Do you owe the defendant any money?	Yes 	No 
If the answer is “Yes”, give details:
3	Do you owe any other financial debt to the defendant?	Yes 	No 
If the answer is “Yes”, give details:
4	Does the defendant owe you any money?	Yes 	No 
If the answer is “Yes”, give details:
5	Does the defendant owe any other financial debt to you?	Yes 	No 
If the answer is “Yes”, give details:
6	Has there ever been a court case or legal proceedings involving you	Yes 	No 
and the defendant? If the answer is “Yes”, give details:

The standard orders that the applicant asks the court to make
The applicant asks that the court make the following orders against the defendant for a period of

[insert number] months:

1 (a)	The defendant must not assault, molest, harass, threaten or otherwise interfere with a protected person or any person with whom a protected person has a domestic relationship.
1 (b)	The defendant must not engage in any other conduct that intimidates a protected person or a person with whom a protected person has a domestic relationship.
1 (c)	The defendant must not stalk a protected person or a person with whom a protected person has a domestic relationship.

Additional orders that the applicant asks the court to make (tick if required)

2	The defendant must not reside at the premises at which a protected person may from time to time reside, or at the following specified premises:
3	The defendant must not enter the premises at which a protected person may from time to time reside or work, or the following specified premises:
4	The defendant must not go within [insert number] metres of the premises at which a protected person may from time to time reside or work, or the following specified premises:
5	The defendant must not approach or contact a protected person by any means whatsoever, except through the defendant’s lawyer or other legal representative.
6	The defendant must surrender all firearms and firearms licences to police.
7	The defendant must not approach the school or other premises at which a protected person may from time to time attend for the purpose of education or child care or at the following specified premises:
8	The defendant must not approach a protected person or any premises or place at which a protected person may from time to time reside or work within [insert number] hours of consuming intoxicating liquor or illicit drugs.
9	The defendant must not destroy or deliberately damage or interfere with the property of a protected person.
10	That the court extend the operation of the order to include the following person or persons with whom a protected person has a domestic relationship:
Name: Age:

Signature of the applicant:
Date: