Domestic and Family Violence Regulations 2008 (NT)

NORTHERN TERRITORY OF AUSTRALIA

DOMESTIC AND FAMILY VIOLENCE REGULATIONS 2008

As in force at 18 February 2022

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — CitationPart 2 — General matters2 — Definitions3 — Interstate DVOs3A — Registered foreign orders3B — Information sharing entitiesPart 3 — Drug and alcohol testingDivision 1 — General matters4 — Application of Part5 — InterpretationDivision 2 — Testing for alcohol in breath6 — Breath test7 — Breath analysis8 — Conducting breath analyses9 — Breath analysis indicates alcohol in breathDivision 3 — Testing for prohibited drug10 — Saliva test11 — Urine testDivision 4 — Blood sample12 — Requirement to provide sample of blood13 — Taking sample of bloodDivision 5 — Other matters for this Part14 — Analysis of samples15 — Evidence by certificate16 — Police officers who may carry out breath tests, saliva tests, urine tests or breath analyses17 — Persons other than police officers who may carry out breath tests, saliva tests, urine tests or breath analyses18 — Protection from liability of health practitioners and analystsENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 18 February 2022

DOMESTIC AND FAMILY VIOLENCE REGULATIONS 2008

Regulations under the Domestic and Family Violence Act 2007

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Domestic and Family Violence Regulations 2008.

Part 2General matters 2Definitions

In these Regulations:

analyst means either of the following:

• (a)

  a person authorised under regulation 60 of the Traffic Regulations 1999 to be an analyst for the Traffic Act 1987;

• (b)

  a person appointed under section 3(8) of the Misuse of Drugs Act 1990.

authorised person, for Part 3, see regulation 5(1).

breath analysis, for Part 3, see regulation 5(1).

breath analysis instrument, for Part 3, see regulation 5(1).

breath test, for Part 3, see regulation 5(1).

health practitioner, for Part 3, see regulation 5(1).

qualified person, for Part 3, see regulation 5(1).

saliva test, for Part 3, see regulation 5(1).

urine test, for Part 3, see regulation 5(1).

3Interstate DVOs

For section 103A(1)(h) of the Act, each of the following are prescribed as an interstate DVO:

• (a)

  a family violence restraining order made under the Restraining Orders Act 1997 (WA);

• (b)

  a domestic violence order made under the Domestic Violence and Protection Orders Act 2008 (ACT);

• (c)

  release conditions imposed under section 125 of the Domestic and Family Violence Protection Act 2012 (Qld).

Note for regulation 3(b)

The Domestic Violence and Protection Orders Act 2008 (ACT) is repealed, but an order made under that Act can have continuing effect.

3ARegistered foreign orders

For section 103B(h) of the Act, each of the following are prescribed as registered foreign orders:

• (a)

  a registered foreign order under the Family Violence Act 2016 (ACT);

• (b)

  a registered foreign order under the Domestic and Family Violence Protection Act 2012 (Qld);

• (c)

  a foreign intervention order registered under Part 4 of the Intervention Orders (Prevention of Abuse) Act 2009 (SA), other than an order that is declared by the Intervention Orders (Prevention of Abuse) Regulations 2011 (SA) not to be a foreign intervention order for Part 3A of that Act.

3BInformation sharing entities

For section 124B of the Act, definition information sharing entity, paragraph (g)(ii), each of the following entities is prescribed as an information sharing entity:

• (a)

  Barkly Regional Council;

• (b)

  Central Australian Women’s Legal Service Incorporated;

• (c)

  Crisis Accommodation Gove Incorporated ABN 25 416 998 203;

• (d)

  Mabunji Aboriginal Resource Indigenous Corporation ICN 8252;

• (e)

  Mission Australia ACN 000 002 522;

• (f)

  Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council Aboriginal Corporation ICN 2043;

• (g)

  One Tree Community Services Incorporated;

• (h)

  Tennant Creek Women’s Refuge Incorporated ABN 97 427 722 429;

• (i)

  The Salvation Army (Northern Territory) Property Trust;

• (j)

  Venture Housing Company Ltd ACN 154 969 963;

• (k)

  Waltja Tjutangku Palyapayi Aboriginal Corporation ICN 3098;

• (l)

  Yugul Mangi Development Aboriginal Corporation ICN 7046;

• (m)

  YWCA Australia ABN 74 111 663 873.

Part 3Drug and alcohol testingDivision 1General matters 4Application of Part

This Part applies in relation to a defendant if a DVO applying to the defendant:

• (a)

  prohibits the defendant from consuming alcohol or using a drug (other than a drug as prescribed by a health practitioner); and

• (b)

  includes an ancillary order requiring that the defendant submit to testing by an authorised person to monitor compliance with the prohibition.

5Interpretation

• (1)

  In this Part:

  analystmeans a person authorised under regulation 60 of the Traffic Regulations 1999 to be an analyst for the Traffic Act 1987.

  authorised person means:

  • (a)

    a police officer; and

  • (b)

    any other person or class of persons authorised in writing for this Part by the Commissioner of Police.

  breath analysis means an analysis of a sample of a defendant’s breath by a breath analysis instrument to ascertain the concentration of alcohol in the defendant’s breath.

  breath analysis instrument means an apparatus that is a prescribed breath analysis instrument under regulation 56 of the Traffic Regulations.

  breath test means a test of a sample of a defendant’s breath to assess whether alcohol may be present in the defendant’s breath.

  health practitioner means a person registered under the Health Practitioner Regulation National Law to practice in a health profession (other than as a student).

  qualified person means a person who has been trained to take samples of blood from persons by a Registered Training Organisation that is registered with the Australian Skills Quality Authority.

  saliva test means a test of a sample of a defendant’s saliva to ascertain whether a drug, the use of which is prohibited under a DVO applying to the defendant, may be present in the defendant’s body.

  urine test means a test of a sample of a defendant’s urine to ascertain whether a drug, the use of which is prohibited under a DVO applying to the defendant, may be present in the defendant’s body.

• (2)

  For this Part, anything done by a person acting under the supervision or direction of a health practitioner or analyst is taken to have been done by the health practitioner, or analyst, as the case may be.

Division 2Testing for alcohol in breath 6Breath test

• (1)

  A defendant must comply with:

  • (a)

    a reasonable direction by an authorised person to submit to a breath test to assess whether the defendant may have alcohol in his or her breath; and

  • (b)

    the directions given by the authorised person about submitting to the breath test.

• (2)

  For a direction mentioned in subregulation (1)(a) to be reasonable, it is not necessary that the authorised person suspects that the defendant has consumed alcohol.

7Breath analysis

• (1)

  This regulation applies if an authorised person:

  • (a)

    requires a defendant to submit to a breath test and the defendant fails to provide a sufficient sample of breath for the completion of the test; or

  • (b)

    suspects on reasonable grounds, whether as a result of the test or otherwise, that the defendant may have consumed alcohol.

• (2)

  The defendant must comply with:

  • (a)

    a reasonable direction given by an authorised person to submit to a breath analysis to determine the concentration of alcohol in the defendant’s breath; and

  • (b)

    the directions given by the authorised person, or another authorised person, about submitting to the breath analysis.

• (3)

  A police officer may detain, and if necessary arrest, a defendant for the following purposes:

  • (a)

    conducting a breath analysis;

  • (b)

    taking the defendant to a place where a breath analysis is to be carried out.

  8Conducting breath analyses

  An authorised person must not use a breath analysis instrument under this Part unless the person is authorised as mentioned in regulation 16(2) or 17(1)(b) to carry out breath analyses under these Regulations.

9Breath analysis indicates alcohol in breath

If an analysis of a defendant’s breath by a breath analysis instrument indicates the defendant has alcohol in his or her breath, the authorised person who operated the instrument must give to the defendant without delay a written statement (or a statement printed by the instrument) stating:

• (a)

  the date the sample of breath was taken and analysed; and

• (b)

  the time of the breath analysis; and

• (c)

  the results of the analysis.

Division 3Testing for prohibited drug 10Saliva test

• (1)

  A defendant must comply with:

  • (a)

    a reasonable direction by an authorised person to submit to a saliva test to assess whether the defendant may have a drug, the use of which is prohibited under a DVO applying to the defendant, in his or her body; and

  • (b)

    the directions given by the authorised person about submitting to the saliva test.

• (2)

  For a direction mentioned in subregulation (1)(a) to be reasonable, it is not necessary that the authorised person suspects that the defendant has used a drug, the use of which is prohibited under a DVO applying to the defendant.

• (3)

  A police officer may detain, and if necessary arrest, a defendant for the following purposes:

  • (a)

    conducting a saliva test;

  • (b)

    taking the defendant to a place where a saliva test is to be carried out.

  11Urine test
• (1)

  A defendant must comply with:

  • (a)

    a reasonable direction by an authorised person to submit to a urine test to assess whether the defendant may have a drug, the use of which is prohibited under a DVO applying to the defendant, in his or her body; and

  • (b)

    the directions given by the authorised person about submitting to the urine test.

• (2)

  For a direction mentioned in subregulation (1)(a) to be reasonable, it is not necessary that the authorised person suspects that the defendant has used a drug, the use of which is prohibited under a DVO applying to the defendant.

• (3)

  The defendant:

  • (a)

    must provide a sufficient sample of urine to enable testing to be carried out; and

  • (b)

    must not tamper with the sample in any way.

• (4)

  A police officer may detain, and if necessary arrest, a defendant for the following purposes:

  • (a)

    conducting a urine test;

  • (b)

    taking the defendant to a place where a urine test is to be carried out.

  Division 4Blood sample  

12Requirement to provide sample of blood

• (1)

  An authorised person may require a defendant to provide a sample of the defendant’s blood in any of the following circumstances:

  • (a)

    the defendant is required to submit to a breath test under regulation 6, or a breath analysis under regulation 7, and refuses to submit or fails to provide a sufficient sample for the test or analysis;

  • (b)

    as a result of a breath test under regulation 6, the authorised person suspects that the defendant may have consumed alcohol and it is not possible to conduct a breath analysis;

  • (c)

    as a result of a breath test under regulation 6, or a breath analysis under regulation 7, the authorised person suspects that the defendant may have used a drug, the use of which is prohibited under a DVO applying to the defendant;

  • (d)

    the defendant is required to submit to a saliva test under regulation 10 and refuses to submit or fails to provide a sufficient sample for the test;

  • (e)

    as a result of a saliva test under regulation 10, the authorised person suspects that the defendant may have a drug that is prohibited under a DVO in his or her body;

  • (f)

    the defendant is required to submit to a urine test under regulation 11 and refuses to submit or fails to provide a sufficient sample for the test;

  • (g)

    the defendant has a medical condition that hinders the person’s ability to provide a sample:

    • (i)

      of breath for a breath test or breath analysis; or

    • (ii)

      of saliva for a saliva test; or

    • (iii)

      of urine for a urine test.

  Examples for subregulation (1)(b)

  • 1

    There is no authorised person available to operate a breath analysis device.

  • 2

    A breath analysis is attempted but the device malfunctions.

• (2)

  If any of the circumstances mentioned in subregulation (1) exist, a police officer may detain, and if necessary arrest, the defendant for the following purposes:

  • (a)

    taking a sample of the defendant’s blood;

  • (b)

    taking the defendant to a place where a sample of the defendant’s blood is to be taken.

  13Taking sample of blood
• (1)

  A sample of blood may be taken from a defendant only by:

  • (a)

    a health practitioner; or

  • (b)

    a qualified person.

• (2)

  A person mentioned in subregulation (1) may take a sample of blood whether or not the defendant consents to the sample being taken.

• (3)

  A sample of blood taken under subregulation (1) for analysis is the property of the Territory.

Division 5Other matters for this Part 14Analysis of samples

Analysis of a sample of saliva, urine or blood taken under this Part must be carried out by an analyst.

15Evidence by certificate

In any proceedings in a court, a certificate purporting to be signed by any of the following is evidence of the matters stated in the certificate and the facts on which they are based:

• (a)

  the Commissioner of Police – certifying any of the following about a person named in the certificate:

  • (i)

    the person is a police officer and authorised under regulation 59 of the Traffic Regulations 1999 to use a prescribed breath analysis instrument within the meaning of the Traffic Act 1987;

  • (ii)

    the person is authorised under regulation 60 of the Traffic Regulations 1999 to be an analyst for the purposes of the Traffic Act 1987;

  (iii) the person is appointed under section 3(8) of the Misuse of Drugs Act 1990 to be an analyst for that Act;

• (b)

  the Commissioner of Police – certifying that a person named in the certificate is an authorised person who is authorised, under regulation 16(2) or 17(1)(b), to carry out breath tests, saliva tests, urine tests or breath analyses;

• (c)

  an authorised person – certifying the following:

  • (i)

    the apparatus used by the authorised person was a breath analysis instrument;

  • (ii)

    the breath analysis instrument was in proper order and properly operated;

  • (iii)

    the breath analysis instrument was used in a manner that complied with this Part;

  • (iv)

    a sample of the breath of a defendant named in the certificate was provided for analysis using a breath analysing instrument;

  • (v)

    a concentration of alcohol expressed in grams per 210 litres of exhaled breath was indicated by the breath analysis instrument as being present in the breath of the defendant on the day and at the time specified in the certificate;

  • (vi)

    a statement was given to the defendant under regulation 9;

  • (vii)

    a matter about a saliva test or a urine test administered by the authorised person;

• (d)

  an analyst, or a person employed by an analyst, about an analysis of a sample of saliva, urine or blood for this Part.

16Police officers who may carry out breath tests,

• (1)    Every police officer is authorised to carry out a breath test, saliva test or urine test under this Part.

• (2)

  A police officer who is authorised under regulation 59 of the Traffic Regulations 1999 to use a prescribed breath analysis instrument within the meaning of the Traffic Act 1987 is authorised to carry out breath analyses under this Part.

17Persons other than police officers who may carry out breath tests, saliva tests

• (1)

  The Commissioner of Police may, in writing, authorise persons who are not police officers:

  • (a)

    to carry out breath tests, saliva tests and urine tests under this Part; or

  • (b)

    to carry out breath analyses under this Part.

• (2)

  The Commissioner of Police may not authorise a person under subregulation (1)(a) unless the Commissioner considers the person:

  • (a)

    is trained to carry out breath tests, saliva tests and urine tests; and

  • (b)

    is capable of carrying out breath tests, saliva tests and urine tests correctly.

• (3)

  The Commissioner of Police may not authorise a person under subregulation (1)(b) unless:

  • (a)

    the person is also authorised under subregulation (1)(a); and

  • (b)

    the Commissioner considers the person:

    • (i)

      is trained in the use of a breath analysis instrument; and

    • (ii)

      is capable of using the instrument correctly.

    18Protection from liability of health practitioners and analysts

  A health practitioner, qualified person or an analyst, or a person acting under the supervision of a health practitioner or analyst, is not civilly or criminally liable for an act done or omitted to be done by the health practitioner, qualified person, analyst or person in good faith for this Part.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Domestic and Family Violence Regulations (SL No. 17, 2008)
Notified	1 July 2008
Commenced	1 July 2008 (r 2, s 2 Domestic and Family Violence Act 2008 (Act No. 34, 2007)and Gaz G25, 25 June 2008, p 4)
Domestic and Family Violence Amendment (Drug and Alcohol Testing) Regulations 2013 (SL No. 45, 2013)
Notified	19 December 2013
Commenced	5 February 2014 (r 2, s 2 Domestic and Family Violence Act 2013 (Act No. 7, 2013)and Gaz G5, 5 February 2014, p 2)
Domestic and Family Violence Amendment Regulations 2015 (SL No. 31, 2015)
Notified	23 December 2015
Commenced	20 January 2016 (r 2, r 2 Bail Amendment Regulations 2015 (SL No. 32, 2015), s 2 Bail Amendment Act (No. 2) 2015 (Act No. 33, 2015)and Gaz G3, 20 January 2016, p 2)
Domestic and Family Violence (Recognition of Domestic Violence Orders) (National Uniform Law) Amendment Act 2017 (Act No. 2, 2017)
Assent date	10 March 2017
Commenced	25 November 2017 (Gaz S86, 24 November 2017)
Domestic and Family Violence Amendment Regulations 2017 (SL No. 33, 2017)
Notified	24 November 2017
Commenced	25 November 2017 (r 2, s 2 Domestic and Family Violence (Recognition of Domestic Violence Orders) (National Uniform Law) Amendment Act 2017 (Act No. 2, 2017) and Gaz S86, 24 November 2017)
Domestic and Family Violence Amendment Regulations 2021 (SL No.6, 2021)
Notified	2 June 2021
Commenced	2 June 2021
Domestic and Family Violence Amendment Regulations 2022 (SL No 2, 2022)
Notified	17 February 2022
Commenced	18 February 2022

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr: 1, 2, 5, 15 and 16.

• 4

  LIST OF AMENDMENTS

pt 1 hdg             ins No. 45, 2013, r 4

pt 2 hdg             ins No. 45, 2013, r 5

r 2                     sub No. 45, 2013, r 6

r 3                     amd No. 45, 2013, r 7

rep Act No. 2, 2017, s 21

ins No. 33, 2017, r 4

r 3A                   ins No. 33, 2017, r 4

r 3B                   ins No. 6, 2021, r 4

sub No. 2, 2022, r 4

pt 3 hdg             ins No. 45, 2013, r 8

pt 3

div 1 hdg           ins No. 45, 2013, r 8

r 4                     ins No. 45, 2013, r 8

amd No. 31, 2015, r 4

r 5                     ins No. 45, 2013, r 8

amd No. 31, 2015, r 5

pt 3

div 2 hdg           ins No. 45, 2013, r 8

rr 6 – 7               ins No. 45, 2013, r 8

amd No. 31, 2015, r 7

r 8                     ins No. 45, 2013, r 8

r 9                     ins No. 45, 2013, r 8

amd No. 31, 2015, r 7

pt 3

div 3 hdg           ins No. 45, 2013, r 8

rr 10 – 11           ins No. 45, 2013, r 8

amd No. 31, 2015, r 7

pt 3

div 4 hdg           ins No. 45, 2013, r 8

r 12                    ins No. 45, 2013, r 8

amd No. 31, 2015, r 7

r 13                    ins No. 45, 2013, r 8

pt 3

div 5 hdg           ins No. 45, 2013, r 8

rr 14 – 17           ins No. 45, 2013, r 8

r 18                    ins No. 45, 2013, r 8

amd No. 31, 2015, r 6