Intervention Orders (Prevention of Abuse) (National Domestic Violence Orders) Variation Regulations 2017 (SA)
South Australia
Intervention Orders (Prevention of Abuse) (National Domestic Violence Orders) Variation Regulations 2017
under the Intervention Orders (Prevention of Abuse) Act 2009
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Intervention Orders (Prevention of Abuse) Regulations 2011
4 Variation of regulation 4—Foreign intervention order
5 Variation of regulation 4B—Prescribed details
6 Insertion of regulations 4C to 4G
4C Corresponding laws (section 29A of Act)
4D Foreign intervention order (section 29A of Act)
4E General violence orders (section 29A of Act)
4F Interstate DVOs (section 29A of Act)
4G Registered foreign orders (section 29B of Act)
Part 1—Preliminary
1—Short title
These regulations may be cited as the Intervention Orders (Prevention of Abuse) (National Domestic Violence Orders) Variation Regulations 2017.
2—Commencement
These regulations will come into operation on the day on which section 10 of the Intervention Orders (Prevention of Abuse) (Recognition of National Domestic Violence Orders) Amendment Act 2017 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Intervention Orders (Prevention of Abuse) Regulations 2011
4—Variation of regulation 4—Foreign intervention order
Regulation 4(1)(a)—delete "Domestic Violence and Protection Orders Act 2008" and substitute:
Personal Violence Act 2016
Regulation 4(1)(b)—after "apprehended" insert:
personal
Regulation 4(1)(c)—delete "Children, Young Persons, and Their Families Act 1989" and substitute:
Children’s and Young People’s Well-being Act 1989
Regulation 4(1)(f)—delete paragraph (f)
Regulation 4(1)(g)—delete "Part IVA of the Justices Act" and substitute:
the Personal Violence Restraining Orders Act
Regulation 4(1)(i) and (j)—delete paragraphs (i) and (j)
Regulation 4(1)(l)—delete paragraph (l)
Regulation 4(1)(n)—delete "restraining order or police order" and substitute:
violence restraining order
5—Variation of regulation 4B—Prescribed details
Regulation 4B(1)—after paragraph (h) insert:
(ha)if the order addresses a domestic violence concern—that fact;
6—Insertion of regulations 4C to 4G
After regulation 4B insert:
4C—Corresponding laws (section 29A of Act)
Pursuant to the definition of corresponding law in section 29A of the Act, the following are declared to be corresponding laws for the purposes of Part 3A of the Act:
(a)Family Violence Act 2016 of the Australian Capital Territory;
(b)Crimes (Domestic and Personal Violence) Act 2007 of New South Wales;
(c)Domestic and Family Violence Act of the Northern Territory;
(d)Domestic and Family Violence Protection Act 2012 of Queensland;
(e)Family Violence Act 2004 of Tasmania;
(f)Family Violence Protection Act 2008 of Victoria;
(g)Restraining Orders Act 1997 of Western Australia.
4D—Foreign intervention order (section 29A of Act)
Pursuant to the definition of foreign intervention order in section 29A of the Act, the following are declared not to be foreign intervention orders for the purposes of Part 3A of the Act:
(a)a protection order under the Personal Violence Act 2016 of the Australian Capital Territory;
(b)an apprehended personal violence order under the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales;
(c)an order under section 87 of the Children’s and Young People’s Well-being Act 1989 of New Zealand;
(d)a restraining order under the Harassment Act 1997 of New Zealand;
(e)a personal violence restraining order under the Personal Violence Restraining Orders Act of the Northern Territory;
(f)a restraining order under section 359F of the Criminal Code of Queensland;
(g)a restraint order, interim restraint order or telephone interim restraint order under Part XA of the Justices Act 1959 of Tasmania;
(h)a personal safety intervention order under the Personal Safety Intervention Orders Act 2010 of Victoria;
(i)a violence restraining order under the Restraining Orders Act 1997 of Western Australia.
4E—General violence orders (section 29A of Act)
For the purposes of paragraph (b) of the definition of general violence order in section 29A of the Act, a violence restraining order made under the Restraining Orders Act 1997 of Western Australia after 1 July 2017 is declared not to be general violence order.
4F—Interstate DVOs (section 29A of Act)
Pursuant to the definition of interstate DVO in section 29A of the Act, the following are declared to be interstate DVOs for the purposes of Part 3A of the Act:
(a)a domestic violence order under the Domestic Violence and Protection Orders Act 2008 of the Australian Capital Territory (repealed);
(b)a protection order and an after-hours order under the Family Violence Act 2016 of the Australian Capital Territory;
(c)an apprehended domestic violence order and an interim apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales;
(d)a domestic violence order under the Domestic and Family Violence Act of the Northern Territory;
(e)a domestic violence order, a police protection notice or release conditions under the Domestic and Family Violence Protection Act 2012 of Queensland;
(f)an FVO (a family violence order), an interim FVO and a PVFO (a police family violence order) under the Family Violence Act 2004 of Tasmania;
(g)the following orders under the Restraining Orders Act 1997 of Western Australia:
(i)a family violence restraining order;
(ii)a violence restraining order that addresses a domestic violence concern made before 1 July 2017;
(iii)a police order;
(h)a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 of Victoria.
4G—Registered foreign orders (section 29B of Act)
Pursuant to section 29B(1)(b) of the Act, the following are declared to be registered foreign orders for the purposes of Part 3A of the Act:
(a)a New Zealand FVO that is a foreign order registered under Part 9 of the Family Violence Act 2016 of the Australian Capital Territory;
(b)an external protection order made by a court of New Zealand and registered under Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales;
(c)an external order made under a law of New Zealand and registered under the Domestic and Family Violence Act of the Northern Territory;
(d)a registered New Zealand order under Part 6 of the Domestic and Family Violence Protection Act 2012 of Queensland;
(e)an external family violence order made by a court of New Zealand and registered under section 27 of the Family Violence Act 2004 of Tasmania;
(f)a foreign restraining order made by a court of New Zealand and registered under Part 7A of the Restraining Orders Act 1997 of Western Australia;
(g)a corresponding New Zealand order registered under Part 10 of the Family Violence Protection Act 2008 of Victoria.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor's Deputy
with the advice and consent of the Executive Council
on 21 November 2017
No 310 of 2017
AGO0065/16CS
0
0
0