Intervention Orders (Prevention of Abuse) Variation Regulations 2015 (SA)

South Australia

Intervention Orders (Prevention of Abuse) Variation Regulations 2015

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            Insertion of regulations 4A and 4B

4A          Prescribed amount

4B          Prescribed details

Part 1—Preliminary

1—Short title

These regulations may be cited as the Intervention Orders (Prevention of Abuse) Variation Regulations 2015.

2—Commencement

1. Subject to subregulation (2), these regulations will come into operation on the day on which the Intervention Orders (Prevention of Abuse) (Miscellaneous) Amendment Act 2015 comes into operation.

2. Paragraph (h) of regulation 4B(1) (to be inserted into the Intervention Orders (Prevention of Abuse) Regulations 2011 by regulation 4 of these regulations) will come into operation on 1 March 2016.

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—Insertion of regulations 4A and 4B

After regulation 4 insert:

4A—Prescribed amount

For the purposes of sections 13(4)(b) and 31(2a)(a) of the Act, the prescribed amount is $1 300.

4B—Prescribed details

(1)For the purposes of sections 18(6)(b)(i), 18(9), 21(10)(b)(i), 21(11), 23(7)(b)(i), 23(8), 26(9)(b)(i), 26(10)(a) and 30(6) of the Act, the prescribed details of an order issued against a defendant are such of the following details as are specified in the order:

(a)the name of the defendant;

(b)the date of birth of the defendant;

(c)the address of the defendant or the most recent address of the defendant;

(d)the AP number and court file number;

(e)the name of the protected person;

(f)the date of birth of the protected person;

(g)the prohibitions and requirements imposed by the order;

(h)if the order was issued in relation to an act of domestic abuse—that fact;

(i)if the order is an interim order—that fact;

(j)the date on which—

(i)in the case of prescribed details for the purposes of section 26(9)(b)(i) or (10)(a) of the Act—the variation of the order was made; or

(ii)in any other case—the order was made;

(k)whether the order has been served on the defendant.

(2)For the purposes of section 24(5)(b)(i) of the Act, the prescribed details of an order issued against a defendant are such of the following details as are specified in the order:

(a)the name of the defendant;

(b)the date of birth of the defendant;

(c)the address of the defendant or the most recent address of the defendant;

(d)the prohibitions and requirements imposed by the order (including, if the order bars the defendant from attending at particular premises, the address of those premises);

(e)if the order includes an attachment order—that fact and the terms of the attachment order;

(f)the date on which the order was made;

(g)whether the order has been served on the defendant.

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 19 November 2015

No 236 of 2015

AGO0056/13CS