National Domestic Violence Order Scheme Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Object of Act 2 Part 2—Interpretation 3 4 Definitions 3 5 Local DVO 6 6 Interstate DVO 6 7 Registered foreign order 6 8 Domestic violence concerns—SA and WA orders 6 9 Special provisions for foreign orders 7 Part 3—National recognition of DVOs 9 Division 1—General principles 9 10 Recognition of DVOs 9 11 Variations to DVO 9 12 Revocation of recognised DVO 10 13 Recognised DVO prevails over earlier comparable DVOs 11 14 Making of new orders 12 Division 2—Enforcement of recognised DVOs 12 15 Recognised DVOs and variations are enforceable against respondent 12 16 Properly notified—meaning 13 17 Contravention of enforceable recognised DVO 14 Division 3—Enforcement of non-local DVOs 15 18 Non-local DVO to be treated as local DVO 15 19 Recognition of disqualification to hold firearms licence 15 20 Recognition of disqualification to hold weapons licence 16 21 Orders for costs 18 Part 4—Variation and revocation of recognised non-local DVOs 19 22 Definition 19 23 Power of court to vary or revoke recognised non-local DVOs 19 -- 1 of 86 -- Section Page ii Authorised by the Chief Parliamentary Counsel 24 Application for variation or revocation of recognised non-local DVO 20 25 Decision about hearing of application 20 26 Children's Court may vary or revoke recognised non-local DVO on own motion 22 Part 5—Exchange of information 23 27 Victorian issuing authorities may obtain DVO information 23 28 Victorian law enforcement agencies may obtain DVO information 23 29 Information to be provided to interstate law enforcement agencies and issuing authorities 23 Part 6—Miscellaneous 25 30 Certificate evidence—notification 25 31 Regulations 25 Part 7—Transitional provisions 27 Division 1—Preliminary 27 32 Definition 27 33 Enforcement of DVOs under other provisions 27 Division 2—DVOs to which scheme applies 27 34 DVOs made in Victoria 27 35 DVOs made in other jurisdictions 28 Division 3—Extension of scheme to older DVOs 28 36 DVOs declared to be recognised DVOs 28 37 DVOs declared to be recognised in other jurisdictions before commencement date 29 Division 4—Power to declare DVO to be recognised 29 38 Definitions 29 39 Power to declare DVO to be recognised 30 40 Application for order 31 Part 8—Amendment of Family Violence Protection Act 2008 32 41 Definitions 32 42 New section 13A inserted 34 43 Duration of holding powers 35 44 New section 26A inserted 36 45 Duration of family violence safety notice 37 46 Explanation of family violence safety notice 37 47 Contravention of family violence safety notice 38 48 Contravention of notice intending to cause harm or fear for safety 38 -- 2 of 86 -- Section Page iii Authorised by the Chief Parliamentary Counsel 49 New section 40 inserted 39 50 Explanation of interim order 40 51 Explanation of final order 40 52 Note after heading to Division 8 of Part 4 inserted 40 53 Application made by respondent for variation or revocation of family violence intervention order 40 54 Contravention of family violence intervention order 41 55 Contravention of order intending to cause harm or fear for safety 41 56 New Division 12 of Part 4 inserted 42 57 Costs 43 58 Section 156A repealed 43 59 Entry and search of premises 43 60 Surrender of firearms and weapons 43 61 Power of police officer to search premises for firearms etc. without warrant 44 62 Application for interstate DVOs—additional requirements for direction or search without warrant 45 63 Warrants to search premises and vehicles 46 64 Effect of surrender or seizure of firearm, weapon or other article if final order made against person 46 65 Effect of surrender or seizure of firearm, weapon or other article if no final order etc. 47 66 Restriction on publication of proceeding in Magistrates' Court 47 67 Interpretation 48 68 Exception to restriction on publication by or with consent of adult victim 49 69 Subsequent publication 49 70 New Division 3 of Part 8 inserted 50 71 Application of Magistrates' Court Act 1989 and rules 50 72 Family Violence intervention orders prevail over child protection orders 51 73 Notice to be given to Secretary to Department of Human Services 51 74 Relationship with certain orders under the Sentencing Act 1991 51 75 Concurrent applications may be heard together 52 76 Family violence intervention order, recognised DVO to prevail 52 77 Part 10 substituted 53 78 Service of orders 56 79 Rules of court and practice directions for Magistrates' Court 56 80 Rules of court and practice directions for Children's Court 57 81 New Division 10 of Part 14 inserted 58 Part 9—Other amendments to the Family Violence Protection Act 2008 60 82 Definitions 60 -- 3 of 86 -- Section Page iv Authorised by the Chief Parliamentary Counsel 83 Section 13 substituted 60 84 Procedural requirements for person directed to a police station, or person apprehended and detained 61 85 Duration of holding powers 61 86 Telephone or fax application for extension order 62 87 Court may hear directed person or affected family member or protected person 63 Part 10—Amendment of other Acts 64 Division 1—Children, Youth and Families Act 2005 64 88 Definitions 64 89 Jurisdiction of Family Division 64 90 Neighbourhood Justice Division 64 91 Jurisdiction of Neighbourhood Justice Division 65 92 Powers of registrar 65 Division 2—Civil Procedure Act 2010 65 93 Application of this Act 65 Division 3—Corrections Act 1986 66 94 Definitions 66 95 Victim may be given certain copies of orders and information 66 Division 4—Firearms Act 1996 66 96 Definitions 66 97 Notice that licence may be refused 68 98 Review of decision not to issue a licence 68 99 New section 46B inserted 68 100 New section 76A inserted 69 101 Application to be deemed not to be a prohibited person 69 Division 5—Health Records Act 2001 69 102 Definitions 69 Division 6—Magistrates' Court Act 1989 70 103 Definitions 70 104 Establishment of Family Violence Court Division 70 105 Jurisdiction of Family Violence Court Division 70 106 Restriction on children being called as witnesses or present in court 70 107 Establishment of Neighbourhood Justice Division 71 108 Jurisdiction of Neighbourhood Justice Division 71 109 Powers of registrar 72 Division 7—Open Courts Act 2013 72 110 Definitions 72 -- 4 of 86 -- Section Page v Authorised by the Chief Parliamentary Counsel Division 8—Personal Safety Intervention Orders Act 2010 72 111 Definitions 72 112 Interim order where existing family violence intervention order 73 113 No final order if existing family violence intervention order 73 114 Concurrent applications may be heard together 74 115 Family violence intervention order to prevail 74 Division 9—Residential Tenancies Act 1997 74 116 Definitions 74 117 Locks for rented premises the subject of an intervention order 75 118 Application for new tenancy agreement because of final family violence intervention order 76 119 Cross-examination in proceeding for a new tenancy agreement 76 120 Reduction of fixed term tenancy agreement 77 121 Application for new site agreement because of final family violence intervention order 77 122 Reduction of fixed term site agreement 77 123 Service of documents 77 Division 10—Sentencing Act 1991 78 124 Definitions 78 Division 11—Serious Sex Offenders (Detention and Supervision) Act 2009 79 125 Sharing of information 79 Division 12—Victorian Civil and Administrative Tribunal Act 1998 79 126 Support person 79 127 Evidence 80 Division 13—Repeal of Parts 8, 9 and 10 80 128 Repeal of this Part and Parts 8 and 9 80 ═══════════════ Endnotes 81 1 General information 81 -- 5 of 86 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 National Domestic Violence Order Scheme Act 2016 † No. 53 of 2016 [Assented to 18 October 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to provide for a national recognition scheme for family violence intervention orders and family violence safety notices, and other domestic violence orders; and Victoria -- 6 of 86 -- Part 1—Preliminary National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 2 Authorised by the Chief Parliamentary Counsel (b) to make consequential amendments to the Family Violence Protection Act 2008 and other Acts. 2 Commencement This Act comes into operation on a day or days to be proclaimed. 3 Object of Act The object of this Act is to establish, in conjunction with the corresponding laws, a national recognition scheme for domestic violence orders. -- 7 of 86 -- Part 2—Interpretation National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Interpretation 4 Definitions In this Act— corresponding law means a law of another jurisdiction that— (a) contains provisions that substantially correspond to this Act; or (b) a prescribed law; domestic violence concern—see section 8; DVO means— (a) a local DVO; or (b) an interstate DVO; or (c) a foreign order; family violence intervention order means a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; family violence safety notice means a family violence safety notice within the meaning of section 4 of the Family Violence Protection Act 2008; final order means a DVO that is not an interim DVO; foreign order means a New Zealand DVO; general violence order means— (a) an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia; or (b) a violence restraining order under the Restraining Orders Act 1997 of Western Australia, other than— -- 8 of 86 -- Part 2—Interpretation National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 4 Authorised by the Chief Parliamentary Counsel (i) a violence restraining order made under section 11B of that Act; or (ii) a police order under that Act; interim DVO means a DVO that is of an interim or provisional nature and, to avoid doubt, includes the following— (a) any DVO made by a police officer; (b) a temporary protection order under the Domestic and Family Violence Protection Act 2012 of Queensland; (c) any DVO prescribed to be an interim DVO; interstate DVO—see section 6; interstate law enforcement agency means— (a) the police force of another jurisdiction; or (b) any other agency of another jurisdiction responsible for the enforcement of DVOs in that jurisdiction; issuing authority means a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction; issuing jurisdiction, in relation to a DVO, means the jurisdiction in which the DVO is made; jurisdiction means a State or a Territory; local DVO—see section 5; local law enforcement agency means Victoria Police; make, in relation to a DVO, includes issue; -- 9 of 86 -- Part 2—Interpretation National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 5 Authorised by the Chief Parliamentary Counsel New Zealand DVO means an order made under the Domestic Violence Act 1995 of New Zealand or under an Act repealed by that Act; non-local DVO means— (a) an interstate DVO; or (b) a foreign order; participating jurisdiction means the following jurisdictions— (a) Victoria; (b) a jurisdiction in which a corresponding law is enacted; properly notified—see section 16; protected person means a person for whose protection or benefit a DVO is made; recognised DVO—see sections 10 and 36; recognised variation—see section 11; registered foreign order—see section 7; respondent means a person against whom a DVO is made; revoke, in relation to a DVO, includes cancel; vary, in relation to a DVO, includes the following— (a) amend or modify the DVO; (b) add further conditions, prohibitions or restrictions to the DVO or vary or delete conditions, prohibitions or restrictions; (c) extend or reduce the period for which the DVO remains in force. -- 10 of 86 -- Part 2—Interpretation National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 6 Authorised by the Chief Parliamentary Counsel 5 Local DVO (1) A local DVO means— (a) a family violence intervention order; or (b) a family violence safety notice. (2) A registered foreign order is not a local DVO. 6 Interstate DVO (1) An interstate DVO means a prescribed order that— (a) substantially corresponds to a local DVO; and (b) is made under a law of another jurisdiction that contains provisions that substantially correspond to the Family Violence Protection Act 2008. (2) A registered foreign order is not an interstate DVO. 7 Registered foreign order A registered foreign order means a foreign order that is— (a) a corresponding New Zealand order registered under Part 10 of the Family Violence Protection Act 2008; or (b) a prescribed order that is registered under a law of another jurisdiction that contains provisions that substantially correspond to Part 10 of the Family Violence Protection Act 2008. 8 Domestic violence concerns—SA and WA orders (1) An intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia addresses a domestic violence concern if the order is made because it is reasonable to -- 11 of 86 -- Part 2—Interpretation National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 7 Authorised by the Chief Parliamentary Counsel suspect that the respondent will, without intervention, commit an act of domestic abuse (within the meaning of that Act). (2) A violence restraining order under the Restraining Orders Act 1997 of Western Australia addresses a domestic violence concern if the order is made because the respondent has committed, or because it is feared the respondent will commit, an act of family and domestic violence (within the meaning of section 6 of that Act). (3) A general violence order is taken, for the purposes of this Act, to be an order that addresses a domestic violence concern if— (a) it is declared to be an order that addresses a domestic violence concern by the issuing authority that makes the order; or (b) a registrar of a court of the jurisdiction in which the order was made makes an order declaring the order to be a recognised DVO in that jurisdiction. (4) An order in a prescribed class of order made in a participating jurisdiction is taken, for the purposes of this Act, to be an order that addresses a domestic violence concern. 9 Special provisions for foreign orders (1) For the purpose of this Act, a registered foreign order— (a) is taken to be made in the jurisdiction in which it is registered as a registered foreign order; and (b) is taken to be made when it becomes a registered foreign order in that jurisdiction. -- 12 of 86 -- Part 2—Interpretation National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 8 Authorised by the Chief Parliamentary Counsel (2) A registered foreign order is varied or revoked, for the purpose of this Act, if its registration as a registered foreign order is varied or revoked. (3) A power conferred by this Act to vary or revoke a registered foreign order is a power to vary or revoke registration of the order as a registered foreign order. -- 13 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 9 Authorised by the Chief Parliamentary Counsel Part 3—National recognition of DVOs Division 1—General principles 10 Recognition of DVOs (1) Each of the following DVOs is a recognised DVO in Victoria— (a) a local DVO; (b) an interstate DVO made in a participating jurisdiction; (c) a foreign order that is a registered foreign order in any participating jurisdiction. Note Recognition can also extend to DVOs made in jurisdictions that are not, or are not yet, participating jurisdictions. See Part 7. (2) A DVO becomes a recognised DVO when it is made. Note A foreign order is taken to be made when it is registered as a registered foreign order. (3) A DVO is a recognised DVO, subject to this Act, for the period for which it remains in force in the jurisdiction in which it is made. 11 Variations to DVO (1) A variation to a recognised DVO that is done in Victoria or another jurisdiction is a recognised variation in Victoria in the circumstances provided for by this section. (2) A variation to a local DVO is a recognised variation in Victoria if the variation is done— (a) in Victoria by a court; or -- 14 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 10 Authorised by the Chief Parliamentary Counsel (b) in another participating jurisdiction by a court under a corresponding law. (3) A variation to an interstate DVO or foreign order is a recognised variation in Victoria if the variation is done— (a) in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or (b) in any participating jurisdiction by a court under this Act or a corresponding law. Note The issuing jurisdiction for a foreign order is the jurisdiction in which the order is registered. (4) A variation is recognised from the time that it is done. 12 Revocation of recognised DVO (1) A DVO ceases to be a recognised DVO if the DVO is revoked in Victoria or another jurisdiction and that revocation is recognised in Victoria. (2) A revocation of a local DVO is recognised in Victoria if the revocation is done— (a) in Victoria by a court; or (b) in another participating jurisdiction by a court under a corresponding law. (3) A revocation of an interstate DVO or foreign order is recognised in Victoria if the revocation is done— (a) in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or (b) in any participating jurisdiction by a court under this Act or a corresponding law. -- 15 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 11 Authorised by the Chief Parliamentary Counsel (4) The DVO ceases to be a recognised DVO from the time it is revoked. 13 Recognised DVO prevails over earlier comparable DVOs (1) A recognised DVO that is enforceable against a respondent in Victoria (a new DVO) supersedes— (a) any comparable recognised DVO made earlier than the new DVO; and (b) any comparable local DVO made earlier than the new DVO (whether or not the local DVO is a recognised DVO). (2) The earlier comparable DVO is superseded from the time the recognised DVO becomes enforceable against the respondent. (3) A recognised DVO that is superseded ceases to be a recognised DVO. (4) A local DVO that is superseded is revoked. (5) A DVO is not superseded to the extent that it relates to a protected person who is not a protected person under the new DVO. (6) Accordingly, a DVO continues to be a recognised DVO, and to have effect, to the extent that it relates to a person who is not a protected person under the new DVO. (7) A DVO made by a police officer does not supersede a comparable DVO made by a court (of any jurisdiction). (8) A DVO is comparable with another DVO if— (a) the DVOs are made against the same respondent; and -- 16 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 12 Authorised by the Chief Parliamentary Counsel (b) the DVOs are made for the protection of one or more of the same protected persons. Note A family violence safety notice prevails over an earlier-made recognised DVO made by a court of another jurisdiction as it operates in Victoria in the circumstances set out in section 40 of the Family Violence Protection Act 2008. 14 Making of new orders Nothing in this Act prevents a person from applying for, or an issuing authority from making, a local DVO even though there is a recognised DVO in force that applies to the same respondent. Division 2—Enforcement of recognised DVOs 15 Recognised DVOs and variations are enforceable against respondent (1) A recognised DVO, or a recognised variation to a recognised DVO, is enforceable against the respondent in Victoria. (2) A recognised DVO that is a local DVO becomes enforceable against the respondent in Victoria when the respondent is properly notified of the making of the DVO under the law of Victoria. (3) A recognised DVO that is a non-local DVO (other than a foreign order) becomes enforceable against a respondent in Victoria when the respondent is properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made. (4) A recognised DVO that is a foreign order becomes enforceable against a respondent in Victoria from the time it becomes a recognised DVO. -- 17 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 13 Authorised by the Chief Parliamentary Counsel (5) A recognised variation to a recognised DVO becomes enforceable against the respondent in Victoria when the respondent is properly notified of the variation under the law of the jurisdiction in which the variation is done. 16 Properly notified—meaning (1) The making of a local DVO is properly notified under the law of Victoria if— (a) in the case of a local DVO that is a family violence safety notice, the respondent is served with the notice and is given an explanation of the notice in accordance with the Family Violence Protection Act 2008; or (b) in the case of a local DVO that is a family violence intervention order— (i) the respondent is given an explanation of the order in accordance with section 57 or 96 of the Family Violence Protection Act 2008; or (ii) the respondent is served in accordance with the Family Violence Protection Act 2008 and given a copy of the family violence intervention order. (2) The making of an interstate DVO is properly notified under the law of the jurisdiction in which it is made in the circumstances provided for by the corresponding law of that jurisdiction. (3) A variation to a recognised DVO that is done in Victoria is properly notified under the law of Victoria if— (a) the respondent is given an explanation of the order in accordance with section 57 or 96 of the Family Violence Protection Act 2008; or -- 18 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 14 Authorised by the Chief Parliamentary Counsel (b) the respondent is served in accordance with the Family Violence Protection Act 2008 and given a copy of the order as varied. (4) A variation to a recognised DVO that is done in another jurisdiction is properly notified under the law of that jurisdiction in the circumstances provided for by the corresponding law of that jurisdiction. 17 Contravention of enforceable recognised DVO (1) A non-local DVO that is a recognised DVO and which is enforceable against a respondent in Victoria may be enforced in Victoria— (a) as if it were a local DVO; and (b) as if the respondent had been properly notified of the making of the DVO under the law of Victoria. (2) A recognised variation to a non-local DVO that is a recognised DVO and which is enforceable in Victoria may be enforced in Victoria as if it were a variation to a local DVO. (3) A recognised variation to a recognised DVO made in another jurisdiction that is enforceable against the respondent in Victoria may be enforced as if the respondent had been properly notified of the variation under the law of Victoria. (4) This section does not affect any law of Victoria that requires a geographical nexus to exist between Victoria and an offence for a person to be guilty of an offence under the law of Victoria. -- 19 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 15 Authorised by the Chief Parliamentary Counsel Division 3—Enforcement of non-local DVOs 18 Non-local DVO to be treated as local DVO (1) A recognised DVO that is a non-local DVO has the same effect in Victoria as a local DVO. (2) A prohibition, restriction or condition imposed by a non-local DVO has the same meaning as it would have in the jurisdiction in which the DVO was made, but may be enforced in Victoria as if it were a prohibition, restriction or condition of a local DVO. 19 Recognition of disqualification to hold firearms licence (1) If a non-local DVO that is a recognised DVO disqualifies a person from holding a non-local firearms licence, or type of non-local firearms licence, the person is also disqualified from holding a local firearms licence or local firearms licence of the same type (as the case requires). (2) On becoming aware that a person is disqualified from holding a firearms licence by a non-local DVO that is a recognised DVO, the Chief Commissioner of Police must cancel any local firearms licence held by the person. (3) The Chief Commissioner of Police must refuse to issue a local firearms licence to a person or refuse to renew a local firearms licence held by a person if the person is disqualified from holding a firearms licence by a non-local DVO that is a recognised DVO. (4) A recognised DVO disqualifies a person from holding a non-local firearms licence or type of non-local firearms licence if the DVO expressly— (a) disqualifies the person from holding a non-local firearms licence or type of non-local firearms licence; or -- 20 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 16 Authorised by the Chief Parliamentary Counsel (b) revokes or requires the person to surrender a non-local firearms licence or type of non-local firearms licence held by the person. (5) This section does not apply to a recognised DVO that is a final order. Note A respondent to a recognised DVO that is a final order is a prohibited person for the purposes of the Firearms Act 1996. (6) In this section— local firearms licence means a licence, permit or other authorisation under the Firearms Act 1996; non-local firearms licence means a licence, permit or other authorisation to possess a firearm (within the meaning of the Firearms Act 1996) issued under the law of another jurisdiction or country. 20 Recognition of disqualification to hold weapons licence (1) If a non-local DVO that is a recognised DVO disqualifies a person from holding a non-local weapons licence or type of non-local weapons licence, the person is also disqualified from holding a local weapons licence or local weapons licence of the same type (as the case requires). (2) On becoming aware that a person is disqualified from holding a weapons approval by a non-local DVO that is a recognised DVO, the Chief Commissioner of Police must revoke any weapons approval held by the person. -- 21 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 17 Authorised by the Chief Parliamentary Counsel (3) The Chief Commissioner of Police must refuse to grant a weapons approval to a person who is disqualified from holding a weapons approval by a non-local DVO that is a recognised DVO. (4) A weapons exemption under section 8B of the Control of Weapons Act 1990— (a) must not be granted in respect of a person who is disqualified from holding the weapons exemption by a non-local DVO that is a recognised DVO; and (b) if granted in respect of a class of person or persons identified by a particular description, does not apply to a person— (i) who is so disqualified from holding the weapons exemption by a non-local DVO that is a recognised DVO; and (ii) who is a member of that class or who satisfies that description (as the case requires). (5) A recognised DVO disqualifies a person from holding a non-local weapons licence or type of non-local weapons licence if the DVO expressly— (a) disqualifies the person from holding a non-local weapons licence or type of non-local weapons licence; or (b) revokes or requires the person to surrender a non-local weapons licence or type of non-local weapons licence held by the person. -- 22 of 86 -- Part 3—National recognition of DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 18 Authorised by the Chief Parliamentary Counsel (6) This section does not apply to a recognised DVO that is a final order. Note A respondent to a recognised DVO that is a final order is a prohibited person for the purposes of the Control of Weapons Act 1990. (7) In this section— local weapons licence means— (a) a weapons approval under section 8C of the Control of Weapons Act 1990; (b) a weapons exemption under section 8B of the Control of Weapons Act 1990; non-local weapons licence means a licence, permit or other authorisation to possess a prohibited weapon (within the meaning of the Control of Weapons Act 1990) issued under the law of another jurisdiction or country. 21 Orders for costs (1) A non-local DVO, to the extent that it requires the payment of money, cannot be enforced in Victoria. (2) The recognition of a DVO made in another jurisdiction does not confer power on a court or tribunal of Victoria to award costs in respect of any proceeding relating to the DVO that occurred in another jurisdiction. (3) This section does not prevent a court or tribunal awarding costs in respect of any proceeding in Victoria relating to the variation or revocation of a recognised DVO. -- 23 of 86 -- Part 4—Variation and revocation of recognised non-local DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 19 Authorised by the Chief Parliamentary Counsel Part 4—Variation and revocation of recognised non-local DVOs 22 Definition In this Part— court means— (a) the Magistrates' Court; or (b) the Children's Court. 23 Power of court to vary or revoke recognised non-local DVOs (1) A court may vary or revoke a recognised DVO that is a non-local DVO in accordance with this Part as if the DVO were a local DVO. (2) A court cannot vary or revoke a non-local DVO if it is a kind of DVO that cannot be varied or revoked by a court in the jurisdiction in which the DVO was made. (3) A variation to or revocation of a recognised DVO that is done under this Part is not limited in its operation to Victoria. (4) This Part does not apply to the variation or revocation of a foreign order that is registered as a registered foreign order in Victoria. (5) To avoid doubt, if a court varies a recognised DVO that was made in another jurisdiction, the other jurisdiction continues to be treated, for the purpose of this Act, as the jurisdiction in which the DVO was made. -- 24 of 86 -- Part 4—Variation and revocation of recognised non-local DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 20 Authorised by the Chief Parliamentary Counsel 24 Application for variation or revocation of recognised non-local DVO (1) An application for the variation or revocation of a recognised DVO that is a non-local DVO may be made to a court as if it were an application for variation or revocation of a local DVO by any person who would be able to make the application if the DVO were a local DVO. (2) An application— (a) is to be made to a court that would have power to hear the application if the DVO were a local DVO; and (b) is to be made in accordance with any requirements that would apply if the DVO were a local DVO; and (c) may be dealt with (subject to this Part) as if the DVO were a local DVO. 25 Decision about hearing of application (1) A court that deals with an application for variation or revocation of a non-local DVO may decide to hear the application or decline to hear the application. (2) In making that decision, the court may consider the following matters (to the extent relevant)— (a) the jurisdiction in which the respondent and the protected person or persons under the DVO generally reside or are employed; (b) any difficulty the respondent to the proceeding may have in attending the proceeding; -- 25 of 86 -- Part 4—Variation and revocation of recognised non-local DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 21 Authorised by the Chief Parliamentary Counsel (c) whether there is sufficient information available to the court in relation to the DVO and the basis on which it was made; (d) whether any proceeding is being taken in respect of an alleged contravention of the DVO and the jurisdiction in which that proceeding is being taken; (e) the practicality of the applicant (if not the respondent under the DVO) applying for and obtaining a local DVO against the respondent with similar prohibitions or restrictions; (f) the impact of the application on any children who are family members of the protected person or the respondent; (g) any other matters the court considers relevant. (3) Without limiting the court's power to decline to hear an application, the court may decline to hear the application if the court is satisfied that there has been no material change in the circumstances on which the making of the order was based and that the application is in the nature of an appeal against the order. (4) For the purpose of exercising its functions under this Part, a court may have regard to any information that the court considers relevant about the making or variation of a DVO that is provided by an issuing authority of any other jurisdiction. (5) A court must refuse to hear an application for variation or revocation made by the respondent during any period in which, under the law of the issuing jurisdiction for the DVO, the respondent is not entitled to apply for the variation or revocation of the DVO in the issuing jurisdiction. -- 26 of 86 -- Part 4—Variation and revocation of recognised non-local DVOs National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 22 Authorised by the Chief Parliamentary Counsel 26 Children's Court may vary or revoke recognised non-local DVO on own motion The Children's Court may vary or revoke a non-local DVO that is a recognised DVO on its own motion in the circumstances set out in section 173(2) of the Family Violence Protection Act 2008. Note Section 173(2) of the Family Violence Protection Act 2008 allows the Children's Court, when hearing an application for a child protection order, to vary or revoke a non-local DVO that is a recognised DVO if the DVO would be inconsistent with the proposed child protection order. -- 27 of 86 -- Part 5—Exchange of information National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 23 Authorised by the Chief Parliamentary Counsel Part 5—Exchange of information 27 Victorian issuing authorities may obtain DVO information An issuing authority of Victoria may obtain information about a DVO from an issuing authority of another jurisdiction, or from an interstate law enforcement agency, and use that information for the purpose of exercising its functions under this Act. 28 Victorian law enforcement agencies may obtain DVO information A local law enforcement agency may obtain information about a DVO from an issuing authority of another jurisdiction, or from an interstate law enforcement agency, and use that information for the purpose of exercising its law enforcement functions. 29 Information to be provided to interstate law enforcement agencies and issuing authorities (1) An issuing authority of Victoria that makes, varies or revokes a DVO must provide to a court of any other participating jurisdiction any prescribed information about the DVO that the court reasonably requests for the purpose of exercising its functions under a corresponding law. (2) An issuing authority of Victoria that makes, varies or revokes a DVO must provide to an interstate law enforcement agency any prescribed information about the DVO that the law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions. -- 28 of 86 -- Part 5—Exchange of information National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 24 Authorised by the Chief Parliamentary Counsel (3) A local law enforcement agency must provide to an interstate law enforcement agency any prescribed information it holds about a DVO that the interstate law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions. -- 29 of 86 -- Part 6—Miscellaneous National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 25 Authorised by the Chief Parliamentary Counsel Part 6—Miscellaneous 30 Certificate evidence—notification (1) A certificate in writing purporting to be signed by an authorised officer of another jurisdiction and certifying any of the following matters is admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof of the matters certified— (a) that the making of a DVO in that jurisdiction has been properly notified under the law of that jurisdiction; (b) that a variation to a DVO that was done in that jurisdiction has been properly notified under the law of that jurisdiction. (2) In any document, the words "authorised officer" after a signature are evidence that the person whose signature it purports to be is in fact an authorised officer. (3) In this section— authorised officer of another jurisdiction means a person (whether or not designated as an authorised officer) who is authorised under the law of another jurisdiction to issue a certificate certifying that the making or variation of a DVO has been properly notified under the law of that jurisdiction. 31 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. -- 30 of 86 -- Part 6—Miscellaneous National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 26 Authorised by the Chief Parliamentary Counsel (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances. -- 31 of 86 -- Part 7—Transitional provisions National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 27 Authorised by the Chief Parliamentary Counsel Part 7—Transitional provisions Division 1—Preliminary 32 Definition In this Part— commencement date means the day on which Part 3 of this Act commences. 33 Enforcement of DVOs under other provisions (1) This Act does not affect the enforceability in Victoria otherwise than under this Act, of any local DVO made before the commencement date, subject to subsection (3). (2) This Act does not affect the enforceability in Victoria, otherwise than under this Act, of any interstate DVO or foreign order registered in Victoria, before the commencement date, under Part 10 of the Family Violence Protection Act 2008, subject to subsection (3). (3) However, a DVO made in Victoria before the commencement date can be superseded under section 13, on or after the commencement date, by a recognised DVO that is made later. Division 2—DVOs to which scheme applies 34 DVOs made in Victoria Part 3 applies to any local DVO or foreign order— (a) that was made in Victoria before the commencement date and is in force on or after the commencement date; or (b) that is made in Victoria on or after the commencement date. -- 32 of 86 -- Part 7—Transitional provisions National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 28 Authorised by the Chief Parliamentary Counsel 35 DVOs made in other jurisdictions (1) Part 3 applies to any DVOs made in another participating jurisdiction that are recognised DVOs in that jurisdiction under the corresponding law for that jurisdiction. (2) To avoid doubt, section 10 extends to the following DVOs— (a) any interstate DVO that was made in another participating jurisdiction before the commencement date that is a recognised DVO in that jurisdiction; (b) any foreign order that became a registered foreign order in another participating jurisdiction before the commencement date that is a recognised DVO in that jurisdiction. (3) Sections 11 and 12 extend to any variation or revocation of a DVO referred to in subsection (2), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO. (4) However, a non-local DVO, and any variation to a non-local DVO, does not become enforceable against the respondent in Victoria, under this Act, until the commencement date (even if the making of the DVO, or variation, was properly notified before that date). Division 3—Extension of scheme to older DVOs 36 DVOs declared to be recognised DVOs (1) Each of the following DVOs is also taken to be a recognised DVO— (a) any DVO that is declared by a registrar of a court of Victoria to be a recognised DVO in Victoria under Division 4; -- 33 of 86 -- Part 7—Transitional provisions National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 29 Authorised by the Chief Parliamentary Counsel (b) any DVO that is declared by a registrar of a court of another participating jurisdiction to be recognised DVO in that jurisdiction under a corresponding law. (2) A recognised DVO referred to in subsection (1) becomes enforceable against the respondent in Victoria, under this Act, when the declaration is made (despite section 15). 37 DVOs declared to be recognised in other jurisdictions before commencement date (1) To avoid doubt, section 36 extends to a DVO declared by a registrar of a court of another participating jurisdiction to be a recognised DVO before the commencement date. (2) Sections 11 and 12 extend to any variation or revocation of a DVO referred to in subsection (1), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO. (3) However, the DVO, and any variation to the DVO, does not become enforceable against the respondent in Victoria, under this Act, until the commencement date. Division 4—Power to declare DVO to be recognised 38 Definitions In this Division— court means— (a) the Magistrates' Court; or (b) the Children's Court; -- 34 of 86 -- Part 7—Transitional provisions National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 30 Authorised by the Chief Parliamentary Counsel registrar means— (a) in relation to the Magistrates' Court, a registrar of that court; (b) in relation to the Children's Court, a registrar of that court. 39 Power to declare DVO to be recognised (1) The court constituted by a registrar may declare any DVO made in any jurisdiction to be a recognised DVO in Victoria. (2) A declaration may be made in relation to any DVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised DVO in Victoria. (3) The jurisdiction in which the DVO was made does not have to be a participating jurisdiction. (4) A registrar must make a declaration under this section if— (a) the DVO is in force in the issuing jurisdiction and is not a recognised DVO in Victoria; and (b) the application for the declaration is made in accordance with this Division. (5) However, a registrar cannot declare a general violence order to be a recognised DVO in Victoria. (6) Notice of a declaration is not to be served on the respondent unless the person who makes the application consents to service. Note Under section 9, a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders. -- 35 of 86 -- Part 7—Transitional provisions National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 31 Authorised by the Chief Parliamentary Counsel 40 Application for order (1) An application for a declaration that a DVO is a recognised DVO in Victoria may be made by any person who would be able to make an application for variation of the DVO if the DVO were a recognised DVO. (2) The application must be made in accordance with the rules made under the Family Violence Protection Act 2008. Note It is only necessary to make an application in one participating jurisdiction. Under section 36, once a declaration is made in any participating jurisdiction the DVO will be treated as a recognised DVO in all participating jurisdictions. -- 36 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 32 Authorised by the Chief Parliamentary Counsel Part 8—Amendment of Family Violence Protection Act 2008 41 Definitions In section 4 of the Principal Act— (a) insert the following definitions— "corresponding DVO recognition law means a corresponding law within the meaning of the National Domestic Violence Order Scheme Act 2016; foreign order means a foreign order within the meaning of the National Domestic Violence Order Scheme Act 2016; interstate DVO means an interstate DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; participating jurisdiction, in relation to an interstate DVO or registered foreign order, means a jurisdiction in which a corresponding DVO recognition law has been enacted; recognised DVO means— (a) an interstate DVO made in a participating jurisdiction; or (b) an interstate DVO or a foreign order taken to be a recognised DVO under section 36(1) of the National Domestic Violence Order Scheme Act 2016; or (c) a foreign order that is a registered foreign order in any participating jurisdiction, and includes a corresponding New Zealand order registered under Part 10; -- 37 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 33 Authorised by the Chief Parliamentary Counsel registered foreign order means a registered foreign order within the meaning of the National Domestic Violence Order Scheme Act 2016;"; (b) for the definition of corresponding New Zealand law substitute— "corresponding New Zealand law means the Domestic Violence Act 1995 of New Zealand or an Act repealed by that Act;"; (c) for the definition of corresponding New Zealand order substitute— "corresponding New Zealand order means— (a) an order made under a corresponding New Zealand law that substantially corresponds to an interim order or a final order; or (b) a notice issued or an order made under a corresponding New Zealand law that substantially corresponds to a family violence safety notice;"; (d) in the definition of affected family member, after "section 13(1)(a)" insert "or 13A(1)(a)"; (e) in the definition of protected person, after "notice" insert "or a recognised DVO"; (f) in the definition of respondent, after paragraph (b) insert— "(c) in relation to a recognised DVO, a person against whom the recognised DVO has been made;"; -- 38 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 34 Authorised by the Chief Parliamentary Counsel (f) the definitions of corresponding interstate law and corresponding interstate order are repealed. 42 New section 13A inserted After section 13 of the Family Violence Protection Act 2008 insert— "13A Criteria for exercise of powers— recognised DVOs (1) Subject to subsection (2), a police officer may exercise a power under this Division in relation to a person if the police officer— (a) intends to make an application against the person for an order varying a recognised DVO; or (b) reasonably believes that the person is a respondent to a recognised DVO and the police officer— (i) intends to obtain a copy of the recognised DVO; and (ii) if the recognised DVO has not been served, serve a copy on the person. (2) The police officer must not exercise the power unless— (a) the officer has reasonable grounds for suspecting that the person is an adult; and (b) the officer believes on reasonable grounds that exercise of the power is necessary to ensure the safety of a family member of the person or to preserve any property of the family member.". -- 39 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 35 Authorised by the Chief Parliamentary Counsel 43 Duration of holding powers (1) In section 18(2) of the Family Violence Protection Act 2008— (a) after "section 13(1)(a)" insert "or section 13A(1)(a)"; (b) in paragraph (a), after "family violence intervention order is made" insert "or a recognised DVO is varied"; (c) in paragraph (c), after "family violence intervention order" insert "or a variation of a recognised DVO". (2) After section 18(2A) of the Family Violence Protection Act 2008 insert— "(2B) Despite subsection (1), in the case of a direction given for the reason in section 13A(1)(b), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends— (a) if a police officer obtains a copy of the recognised DVO and that DVO has not been served—at the time the copy of the DVO is served on the directed person; or (b) if a police officer obtains a copy of the recognised DVO and that DVO has been served—at the time the copy of the recognised DVO is obtained; or (c) in any case, if a police officer becomes aware that the directed person is not a respondent to a recognised DVO.". -- 40 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 36 Authorised by the Chief Parliamentary Counsel (3) In section 18(3) of the Family Violence Protection Act 2008— (a) after "notice" insert "or recognised DVO"; (b) after "directed person," insert "or a copy of the recognised DVO being obtained,". (4) In the note at the foot of section 18(3) of the Family Violence Protection Act 2008, for "Section 13 also requires" substitute "Sections 13 and 13A also require". (5) In the note at the foot of section 18(5) of the Family Violence Protection Act 2008, for "Section 13 also requires" substitute "Sections 13 and 13A also require". 44 New section 26A inserted After section 26 of the Family Violence Protection Act 2008 insert— "26A Issue of family violence safety notice if recognised DVO in place (1) A police officer may issue a family violence safety notice for the protection of a person against a respondent whether or not there is a recognised DVO in relation to the same respondent and protected person. (2) If a police officer believes there may be a recognised DVO made by a court of any jurisdiction in relation to the same respondent and protected person, the police officer must before the first mention date, make reasonable enquiries to determine whether there is a recognised DVO in relation to the same respondent and protected person.". -- 41 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 37 Authorised by the Chief Parliamentary Counsel 45 Duration of family violence safety notice (1) In section 30(1)(b) of the Family Violence Protection Act 2008, before "ends" insert "subject to subsection (1A),". (2) After section 30(1) of the Family Violence Protection Act 2008 insert— "(1A) If, at the time the family violence safety notice was issued, there was a recognised DVO made by a court of any jurisdiction in relation to the same respondent and protected person, the family violence safety notice ends when the earlier of the following occurs— (a) on the first mention date, if the application for the family violence intervention order is withdrawn on the first mention date; (b) if the court varies or extends the recognised DVO on the first mention date— when the order is served on the respondent.". 46 Explanation of family violence safety notice After section 35(2)(d) of the Family Violence Protection Act 2008 insert— "(da) that the notice may be enforced against the respondent in another State or a Territory under the National Domestic Violence Order Scheme Act 2016 and corresponding DVO recognition laws; and". -- 42 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 38 Authorised by the Chief Parliamentary Counsel 47 Contravention of family violence safety notice After section 37(3) of the Family Violence Protection Act 2008 insert— "(4) In a proceeding for an offence against subsection (2), it is not a defence to the charge that— (a) the accused person was the respondent under the family violence safety notice; and (b) a recognised DVO in relation to the same protected person and respondent— (i) was made before the family violence safety notice was issued; and (ii) was in force at the time the offence was alleged to have been committed; and (c) the accused person's conduct was not a contravention of the recognised DVO.". 48 Contravention of notice intending to cause harm or fear for safety After section 37A(5) of the Family Violence Protection Act 2008 insert— "(6) In a proceeding for an offence against subsection (2), it is not a defence to the charge that— (a) the accused person was the respondent under the family violence safety notice; and (b) a recognised DVO in relation to the same protected person and respondent— -- 43 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 39 Authorised by the Chief Parliamentary Counsel (i) was made before the family violence safety notice was issued; and (ii) was in force at the time the offence was alleged to have been committed; and (c) the accused person's conduct was not in contravention of the recognised DVO.". 49 New section 40 inserted After section 39 of the Family Violence Protection Act 2008 insert— "40 Family violence safety notice prevails over existing recognised DVO (1) This section applies if— (a) a police officer issues a family violence safety notice in relation to a respondent and protected person; and (b) at the time the family violence safety notice is issued, there is a recognised DVO made by a court in relation to the same respondent and protected person. (2) Subject to subsection (3), the respondent must comply with both the family violence safety notice and the recognised DVO as it operates in Victoria. (3) If it is not possible for the respondent to comply with the family violence safety notice and the recognised DVO as it operates in Victoria at the same time, the respondent must comply with the family violence safety notice.". -- 44 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 40 Authorised by the Chief Parliamentary Counsel 50 Explanation of interim order After section 57(1)(b) of the Family Violence Protection Act 2008 insert— "(ba) that the interim order may be enforced against the respondent in another State or a Territory under the National Domestic Violence Order Scheme Act 2016 and corresponding DVO recognition laws; and". 51 Explanation of final order After section 96(1)(d) of the Family Violence Protection Act 2008 insert— "(da) that the final order may be enforced against the respondent in another State or a Territory under the National Domestic Violence Order Scheme Act 2016 and corresponding DVO recognition laws; and". 52 Note after heading to Division 8 of Part 4 inserted After the heading to Division 8 of Part 4 of the Family Violence Protection Act 2008 insert the following note— "Note This Part applies in relation to a recognised DVO, as if that DVO were a family violence intervention order. See Part 4 of the National Domestic Violence Order Scheme Act 2016.". 53 Application made by respondent for variation or revocation of family violence intervention order After section 109(2) of the Family Violence Protection Act 2008 insert— "(3) This section does not apply to an application by the respondent to vary or revoke a recognised DVO.". -- 45 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 41 Authorised by the Chief Parliamentary Counsel 54 Contravention of family violence intervention order After section 123(3) of the Family Violence Protection Act 2008 insert— "(4) In a proceeding for an offence against subsection (2) constituted by contravening a recognised DVO, it is a defence to the charge for the accused to prove that— (a) the accused was the respondent under the recognised DVO; and (b) a family violence safety notice in relation to the same protected person and respondent— (i) was issued after the recognised DVO was made; and (ii) was in force at the time the offence was alleged to have been committed; and (c) the accused's conduct complied with the family violence safety notice; and (d) the accused could not have complied with the recognised DVO at the same time.". 55 Contravention of order intending to cause harm or fear for safety After section 123A(5) of the Family Violence Protection Act 2008 insert— "(6) In a proceeding for an offence against subsection (2) constituted by contravening a recognised DVO, it is a defence to the charge for the accused to prove that— (a) the accused was the respondent under the recognised DVO; and -- 46 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 42 Authorised by the Chief Parliamentary Counsel (b) a family violence safety notice in relation to the same protected person and respondent— (i) was issued after the recognised DVO was made; and (ii) was in force at the time the offence was alleged to have been committed; and (c) the accused's conduct complied with the family violence safety notice; and (d) the accused could not have complied with the recognised DVO at the same time.". 56 New Division 12 of Part 4 inserted After Division 11 of Part 4 of the Family Violence Protection Act 2008 insert— "Division 12—Double jeopardy— recognised DVOs 125B No double jeopardy—recognised DVOs An accused person is not liable to be punished for an offence of contravening a family violence intervention order or a family violence safety notice if— (a) the accused person is a respondent to a family violence safety notice, a family violence intervention order or a recognised DVO; and (b) the conduct constituting the offence is both an offence against section 37, 37A, 123 or 123A and an offence against the law of another State or a Territory; and -- 47 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 43 Authorised by the Chief Parliamentary Counsel (c) the accused person has been punished for that conduct in the other State or the Territory.". 57 Costs In section 154(1) of the Family Violence Protection Act 20008, after "this Act" insert "or a proceeding for the variation, extension or revocation of a recognised DVO". 58 Section 156A repealed Section 156A of the Family Violence Protection Act 2008 is repealed. 59 Entry and search of premises In section 157(1)(b) of the Family Violence Protection Act 2008, for "family violence intervention order" substitute "family violence intervention order, recognised DVO". 60 Surrender of firearms and weapons For section 158(1) of the Family Violence Protection Act 2008 substitute— "(1) This section applies if— (a) a family violence safety notice has been issued or a family violence intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds for issuing a notice or making an order against a person; and (b) the police officer is aware the person has a firearm, a firearms authority, ammunition or a weapon in the person's possession. -- 48 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 44 Authorised by the Chief Parliamentary Counsel (1A) This section applies in relation to a recognised DVO or an interstate DVO if— (a) one of the following applies— (i) a person is a respondent to a recognised DVO; or (ii) a police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or (iii) a police officer intends to serve or has served on a person an interstate DVO made against the person or an application for an interstate DVO made against the person; and (b) the police officer is aware the person has a firearm, a firearms authority, ammunition or a weapon in the person's possession.". 61 Power of police officer to search premises for firearms etc. without warrant For section 159(1) of the Family Violence Protection Act 2008 substitute— "(1) This section applies if— (a) a family violence safety notice has been issued or a family violence intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds for issuing a notice or making an order against a person; and -- 49 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 45 Authorised by the Chief Parliamentary Counsel (b) the police officer is aware, or has reasonable grounds to suspect, the person is in possession of a firearm, a firearms authority, ammunition or a weapon. (1A) This section applies in relation to a recognised DVO or an interstate DVO if— (a) one of the following applies— (i) a person is a respondent to a recognised DVO; or (ii) a police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or (iii) a police officer intends to serve or has served on a person an interstate DVO made against the person or an application for an interstate DVO made against the person; and (b) the police officer is aware, or has reasonable grounds to suspect, the person is in possession of a firearm, a firearms authority, ammunition or a weapon.". 62 Application for interstate DVOs—additional requirements for direction or search without warrant (1) In the heading to section 159A of the Family Violence Protection Act 2008, for "interstate orders" substitute "DVOs". (2) In section 159A of the Family Violence Protection Act 2008, for "an interstate order" substitute "a recognised DVO or an interstate DVO". -- 50 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 46 Authorised by the Chief Parliamentary Counsel 63 Warrants to search premises and vehicles (1) For section 160(1)(a) of the Family Violence Protection Act 2008 substitute— "(a) either— (i) the police officer intends to apply for a family violence safety notice or family violence intervention order against a person or a notice has been issued or an order made against a person; or (ii) a person is a respondent to a recognised DVO; and". (2) For section 160(1A)(a) of the Family Violence Protection Act 2008 substitute— "(a) either— (i) a police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or (ii) a police officer intends to serve or has served on a person an interstate DVO made against a person or an application for an interstate DVO made against the person; and". 64 Effect of surrender or seizure of firearm, weapon or other article if final order made against person (1) In section 164 of the Family Violence Protection Act 2008, for "or a corresponding interstate order" (wherever occurring) substitute ", a final recognised DVO or a final interstate DVO". -- 51 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 47 Authorised by the Chief Parliamentary Counsel (2) After section 164(4) of the Family Violence Protection Act 2008 insert— "(5) In this section and in section 165— final interstate DVO means an interstate DVO that is a final order within the meaning of the National Domestic Violence Order Scheme Act 2016; final recognised DVO means a recognised DVO that is a final order within the meaning of the National Domestic Violence Order Scheme Act 2016.". 65 Effect of surrender or seizure of firearm, weapon or other article if no final order etc. In section 165(1) of the Family Violence Protection Act 2008— (a) in paragraph (b)(i), for "or corresponding interstate order" substitute ", final recognised DVO or a final interstate DVO"; (b) for paragraph (b)(iii) substitute— "(iii) in the case of an interstate DVO or a recognised DVO made by a police officer, that DVO expires or is revoked and no application for an interstate DVO or recognised DVO has been made against the person; and". 66 Restriction on publication of proceeding in Magistrates' Court (1) In section 166(1) of the Family Violence Protection Act 2008— (a) in paragraph (d), for "Act." substitute "Act;"; -- 52 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 48 Authorised by the Chief Parliamentary Counsel (b) after paragraph (d) insert— "(e) a proceeding for a variation, extension or revocation of a recognised DVO, other than in the Children's Court, and the recognised DVO to which that proceeding relates; or (f) a declaration made by the Magistrates' Court under Part 7 of the National Domestic Violence Order Scheme Act 2016, and the recognised DVO to which that declaration relates.". (2) In section 166(2)(c) of the Family Violence Protection Act 2008, after "order" insert "or a variation, extension or revocation of a recognised DVO.". 67 Interpretation In section 169A of the Family Violence Protection Act 2008— (a) in paragraph (a) of the definition of adult victim, after "order" insert "or a recognised DVO"; (b) in the definition of permitted content, after "order" (wherever occurring) insert "or recognised DVO"; (c) for the definition of post-notice or order offence substitute— "post-notice or order offence means— (a) in relation to a family violence safety notice or family violence intervention order— -- 53 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 49 Authorised by the Chief Parliamentary Counsel (i) a contravention of the family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or 125A; or (ii) any other offence where the conduct constituting the offence would constitute a contravention of the family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or 125A; (b) in relation to a recognised DVO, means a contravention of the recognised DVO enforced as if it were a contravention of a family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or 125A;". 68 Exception to restriction on publication by or with consent of adult victim In section 169B of the Family Violence Protection Act 2008, after "family violence intervention order" (wherever occurring) insert "or recognised DVO". 69 Subsequent publication In section 169C of the Family Violence Protection Act 2008, after "family violence intervention order" (wherever occurring) insert "or recognised DVO". -- 54 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 50 Authorised by the Chief Parliamentary Counsel 70 New Division 3 of Part 8 inserted After Division 2 of Part 8 of the Family Violence Protection Act 2008 insert— "Division 3—Issuing jurisdiction restrictions on publication about recognised DVOs 169D Meaning of issuing jurisdiction In this Division— issuing jurisdiction has the same meaning as in the National Domestic Violence Order Scheme Act 2016. 169E Recognised DVOs—issuing jurisdiction restrictions not affected This Part applies in relation to a recognised DVO, a proceeding for a variation, extension or revocation of a recognised DVO or a declaration made by the Magistrates' Court under the National Domestic Violence Order Scheme Act 2016 subject to— (a) any law that applies to publication about the DVO in the issuing jurisdiction; and (b) any order relating to publication of the DVO made by a court of the issuing jurisdiction.". 71 Application of Magistrates' Court Act 1989 and rules In section 170(1) of the Family Violence Protection Act 2008, after "this Act" insert "or a proceeding for a variation, extension or revocation of a recognised DVO". -- 55 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 51 Authorised by the Chief Parliamentary Counsel 72 Family Violence intervention orders prevail over child protection orders (1) For section 173(1) of the Family Violence Protection Act 2008 substitute— "(1) Each of the following orders applies despite any child protection order— (a) a family violence intervention order; (b) a recognised DVO made by a court of any jurisdiction; (c) a variation or extension of a recognised DVO by a court of any jurisdiction.". (2) In section 173(2) of the Family Violence Protection Act 2008 after "family violence intervention order" (where twice occurring) insert "or recognised DVO". (3) In section 173(3) of the Family Violence Protection Act 2008 after "family violence intervention order" (where twice occurring) insert "or recognised DVO". 73 Notice to be given to Secretary to Department of Human Services In section 174 of the Family Violence Protection Act 2008, after "family violence intervention order" insert "or varies a recognised DVO". 74 Relationship with certain orders under the Sentencing Act 1991 After section 175A(1) of the Family Violence Protection Act 2008 insert— "(1A) If a court of any jurisdiction makes a recognised DVO, or varies or extends a recognised DVO, in a way that is inconsistent with a residence restriction or an exclusion condition or a curfew condition attached to a community correction order to -- 56 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 52 Authorised by the Chief Parliamentary Counsel which the respondent is subject at the time the recognised DVO is made, varied or extended, the recognised DVO prevails to the extent of any inconsistency.". 75 Concurrent applications may be heard together (1) After section 176B(1) of the Family Violence Protection Act 2008 insert— "(1A) Any number of applications for the variation, revocation or extension of recognised DVOs may be heard together with any number of applications under the Personal Safety Intervention Orders Act 2010 for personal safety intervention orders if the court considers that— (a) the applications are sufficiently related; and (b) it is appropriate for the applications to be heard together.". (2) In section 176B(2) of the Family Violence Protection Act 2008, for "subsection (1) to hear applications for family violence intervention orders and personal safety intervention orders" substitute "this section to hear applications". 76 Family violence intervention order, recognised DVO to prevail (1) In the heading to section 176C of the Family Violence Protection Act 2008, for "order" substitute "order, recognised DVO". (2) At the end of section 176C of the Family Violence Protection Act 2008 insert— "(2) A recognised DVO made by a court of any jurisdiction prevails to the extent of any inconsistency with a personal safety intervention order. -- 57 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 53 Authorised by the Chief Parliamentary Counsel (3) A variation or an extension of a recognised DVO by a court of any jurisdiction prevails to the extent of any inconsistency with a personal safety intervention order.". 77 Part 10 substituted For Part 10 of the Family Violence Protection Act 2008 substitute— "Part 10—Corresponding New Zealand orders 177 Registration of corresponding New Zealand orders The appropriate registrar may register a corresponding New Zealand order in the court. Note A corresponding New Zealand order registered under this section is enforceable against the respondent in Victoria—see sections 7, 10 and 15 of the National Domestic Violence Order Scheme Act 2016. 178 Notice to be given of registration of corresponding New Zealand orders (1) As soon as practicable after registering a corresponding New Zealand order, the appropriate registrar must— (a) give notice of the registration of the order to— (i) the court that made the order; and (ii) the person for whose protection the order was made; and (b) give a copy of the order to the Chief Commissioner of Police and the Secretary to the Department of Health and Human Services. -- 58 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 54 Authorised by the Chief Parliamentary Counsel (2) In addition, the appropriate registrar may list the matter before the court for decision as to whether or not a copy of the registered corresponding New Zealand order must be served on the respondent for the New Zealand order at the respondent's last known address. (3) If the registrar lists a matter before the court under subsection (2) the court must make an order as to whether or not a copy of the registered corresponding New Zealand order must be served on the respondent. (4) However, the court may make an order under subsection (3) only if, after hearing from the person for whose protection the registered corresponding New Zealand order was made, the court is satisfied that revealing that the person is in Victoria would not jeopardise the safety of the person or any children of the person. (5) If the court makes an order under subsection (3) the court must arrange for the registered corresponding New Zealand order to be served on the respondent. 179 Variation, extension or revocation by New Zealand Court has no effect If a registered corresponding New Zealand order is varied, extended or revoked by a court of New Zealand or a person or authority as authorised by a law of New Zealand, that variation, extension or revocation has no effect in Victoria. -- 59 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 55 Authorised by the Chief Parliamentary Counsel 180 Variation, extension or revocation of registered corresponding New Zealand order by Victorian Court (1) The court, on the application of a relevant person, may— (a) vary the registration of a registered corresponding New Zealand order as it applies in Victoria; or (b) extend the period during which a registered corresponding New Zealand order has effect in Victoria; or (c) revoke the registration of a registered corresponding New Zealand order. (2) In this section— relevant person, in relation to a registered corresponding New Zealand order, means— (a) a person for whose protection the order has been made; or (b) the respondent; or (c) a police officer; or (d) a person who has been granted leave by the court to make an application in respect of the order. 181 Notice of proposed variation, extension or revocation of registered corresponding New Zealand order (1) The registration of a registered corresponding New Zealand order is not to be varied, extended or revoked under this Part on the application of a person other than the respondent, unless notice of the application has been served on the respondent. -- 60 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 56 Authorised by the Chief Parliamentary Counsel (2) The registration of a registered corresponding New Zealand order is not to be varied or revoked on the application of the respondent unless notice of the application has been served on the person for whose protection the order was made. 182 Notice to be given of variation, extension or revocation of registered corresponding New Zealand order If the court varies, extends or revokes the registration of a registered corresponding New Zealand order, the appropriate registrar must give notice of the variation, extension or revocation to— (a) the court that made the order; and (b) the Chief Commissioner of Police; and (c) the Secretary to the Department of Health and Human Services.". 78 Service of orders (1) For the heading to section 201 of the Family Violence Protection Act 2008 substitute— "Service of orders". (2) In section 201 of the Family Violence Protection Act 2008, after "intervention order," insert "or varies, extends or revokes a recognised DVO,". 79 Rules of court and practice directions for Magistrates' Court (1) In section 209(1) of the Family Violence Protection Act 2008, after "this Act" insert "or the National Domestic Violence Order Scheme Act 2016". -- 61 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 57 Authorised by the Chief Parliamentary Counsel (2) In section 209(2) of the Family Violence Protection Act 2008— (a) in paragraph (h), for "extracts." substitute "extracts;"; (b) after paragraph (h) insert— "(i) any other matter or thing required or permitted by or under the National Domestic Violence Order Scheme Act 2016 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act.". (3) In section 209(4) and (5) of the Family Violence Protection Act 2008, after "this Act" insert "or the National Domestic Violence Order Scheme Act 2016.". 80 Rules of court and practice directions for Children's Court (1) In section 210(1) of the Family Violence Protection Act 2008, after "this Act" insert "or the National Domestic Violence Order Scheme Act 2016". (2) In section 210(2) of the Family Violence Protection Act 2008— (a) in paragraph (h), for "extracts." substitute "extracts;"; (b) after paragraph (h) insert— "(i) any other matter or thing required or permitted by or under the National Domestic Violence Order Scheme Act 2016 to be dealt with by rules of court or otherwise necessary or required for the purposes of that Act.". -- 62 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 58 Authorised by the Chief Parliamentary Counsel (3) In section 210(4) and (5) of the Family Violence Protection Act 2008, after "this Act" insert "or the National Domestic Violence Order Scheme Act 2016". 81 New Division 10 of Part 14 inserted After section 226 of the Family Violence Protection Act 2008 insert— "Division 10—National Domestic Violence Order Scheme Act 2016 227 Transitional provisions—National Domestic Violence Order Scheme Act 2016 (1) This section applies to a corresponding interstate order that, immediately before the commencement of section 77 of the National Domestic Violence Order Scheme Act 2016, was registered under Division 1 of Part 10. (2) Despite the repeal of Division 1 of Part 10, this Act continues to apply in relation to the corresponding interstate order unless or until the earlier of the following occurs— (a) the corresponding interstate order becomes a recognised DVO in the jurisdiction in which the interstate order was made; (b) the corresponding interstate order is— (i) declared to be a recognised DVO under section 39 of the National Domestic Violence Order Scheme Act 2016; or -- 63 of 86 -- Part 8—Amendment of Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 59 Authorised by the Chief Parliamentary Counsel (ii) declared by a registrar of a court of another participating jurisdiction to be a recognised DVO under a corresponding DVO recognition law. (3) The corresponding interstate order is not a local DVO for the purposes of the National Domestic Violence Order Scheme Act 2016. (4) On and after the corresponding interstate order becoming a recognised DVO or being declared to be a recognised DVO, the National Domestic Violence Order Scheme Act 2016 applies in relation to the corresponding interstate order as if it were a non-local DVO that is a recognised DVO.". -- 64 of 86 -- Part 9—Other amendments to the Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 60 Authorised by the Chief Parliamentary Counsel Part 9—Other amendments to the Family Violence Protection Act 2008 82 Definitions In section 4 of the Family Violence Protection Act 2008, in paragraph (b) of the definition of affected family member, for "section 13(a)" substitute "section 13(1)(a)". 83 Section 13 substituted For section 13 of the Family Violence Protection Act 2008 substitute— "13 Criteria for exercise of powers (1) Subject to subsection (2), a police officer may exercise a power under this Division in relation to a person if the police officer— (a) intends to make an application for one of the following against the person— (i) a family violence intervention order; (ii) an order varying a family violence intervention order; (iii) a family violence safety notice; or (b) reasonably believes that a family violence intervention order has been made or family violence safety notice has been issued against the person but not served, and the police officer intends to serve a copy of the order or notice on the person. (2) The police officer must not exercise the power unless— (a) the officer has reasonable grounds for suspecting that the person is an adult; and -- 65 of 86 -- Part 9—Other amendments to the Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 61 Authorised by the Chief Parliamentary Counsel (b) the officer believes on reasonable grounds that exercise of the power is necessary to ensure the safety of a family member of the person or to preserve any property of the family member.". 84 Procedural requirements for person directed to a police station, or person apprehended and detained In section 17(2)(a)(i), (5) and (7) of the Family Violence Protection Act 2008, after "affected family member" insert "or protected person". 85 Duration of holding powers (1) In section 18(2) of the Family Violence Protection Act 2008, for "a direction under this Division" substitute "in the case of a direction given for the reason in section 13(1)(a), the direction". (2) After section 18(2) of the Family Violence Protection Act 2008 insert— "(2A) Despite subsection (1), in the case of a direction given for the reason in section 13(1)(b), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends— (a) if the family violence safety notice or family violence intervention order is served on the directed person—at the time the order or notice is served on the directed person; or (b) if a police officer becomes aware that a family violence safety notice or family violence intervention order has not been made against the directed person.". -- 66 of 86 -- Part 9—Other amendments to the Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 62 Authorised by the Chief Parliamentary Counsel (3) In section 18(3) of the Family Violence Protection Act 2008, after "affected family member" insert "or protected person". (4) For the note at the foot of section 18(3) of the Family Violence Protection Act 2008 substitute— "Note Section 13 also requires the police officer to believe on reasonable grounds that the continued direction or detention is necessary to ensure the safety of, or preserve any property of, the affected family member or protected person.". (5) For the note at the foot of section 18(5) of the Family Violence Protection Act 2008 substitute— "Note Section 13 also requires the police officer to believe on reasonable grounds that the continued direction or detention is necessary to ensure the safety of, or preserve any property of, the affected family member or protected person.". 86 Telephone or fax application for extension order (1) For section 20(4) of the Family Violence Protection Act 2008 for "and the venue" substitute "and, if applicable, the venue". (2) For section 20(5)(b) of the Family Violence Protection Act 2008 substitute— "(b) ensure that the form of order completed by the officer is received at the venue of the court nominated in the order— (i) before the hearing of the application for the family violence intervention order; or (ii) otherwise, as soon as practicable.". -- 67 of 86 -- Part 9—Other amendments to the Family Violence Protection Act 2008 National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 63 Authorised by the Chief Parliamentary Counsel 87 Court may hear directed person or affected family member or protected person (1) In the heading to section 23 of the Family Violence Protection Act 2008, after "member" insert "or protected person". (2) In section 23 of the Family Violence Protection Act 2008, after "member" insert "or protected person". -- 68 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 64 Authorised by the Chief Parliamentary Counsel Part 10—Amendment of other Acts Division 1—Children, Youth and Families Act 2005 88 Definitions In section 3(1) of the Children, Youth and Families Act 2005— (a) after paragraph (ab) of the definition of child insert— "(ac) in the case of an application for a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016, a person who is under the age of 18 years when the application is made; and"; (b) in paragraph (a) of the definition of proper venue, after "Family Violence Protection Act 2008" insert ", the National Domestic Violence Order Scheme Act 2016"; (c) in paragraph (d) of the definition of proper venue, after "Family Violence Protection Act 2008" insert "or the National Domestic Violence Order Scheme Act 2016". 89 Jurisdiction of Family Division In section 515(2) of the Children, Youth and Families Act 2005, after "Family Violence Protection Act 2008" insert ", the National Domestic Violence Order Scheme Act 2016". 90 Neighbourhood Justice Division After section 520A(2) of the Children, Youth and Families Act 2005 insert— "(2A) Nothing in subsection (2) prevents the Neighbourhood Justice Division being constituted by a registrar for the determination of an application under -- 69 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 65 Authorised by the Chief Parliamentary Counsel Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016.". 91 Jurisdiction of Neighbourhood Justice Division (1) In section 520C(3)(b) of the Children, Youth and Families Act 2005, after "Family Violence Protection Act 2008" insert "or the National Domestic Violence Order Scheme Act 2016". (2) In section 520C(4)(d) of the Children, Youth and Families Act 2005, after "Family Violence Protection Act 2008" insert ", the National Domestic Violence Order Scheme Act 2016". 92 Powers of registrar In section 539(1) of the Children, Youth and Families Act 2005— (a) in paragraph (e), for "1989." substitute "1989;"; (b) after paragraph (e) insert— "(f) power to make a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016.". Division 2—Civil Procedure Act 2010 93 Application of this Act In section 4(2) of the Civil Procedure Act 2010— (a) in paragraph (j), for "2009." substitute "2009;"; (b) after paragraph (j) insert— "(k) the National Domestic Violence Order Scheme Act 2016.". -- 70 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 66 Authorised by the Chief Parliamentary Counsel Division 3—Corrections Act 1986 94 Definitions In section 3(1) of the Corrections Act 1986 insert the following definitions— "non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;". 95 Victim may be given certain copies of orders and information In section 30A(1) of the Corrections Act 1986, in paragraph (d)(ii) of the definition of victim, after "2008," insert "or under a non-local DVO made by a court that is a recognised DVO,". Division 4—Firearms Act 1996 96 Definitions In section 3(1) of the Firearms Act 1996— (a) insert the following definitions— "final interstate DVO means an interstate DVO that is a final order, within the meaning of the National Domestic Violence Order Scheme Act 2016; final recognised DVO means a non-local DVO— (a) that is a recognised DVO; and (b) that is a final order, within the meaning of the National Domestic Violence Order Scheme Act 2016; -- 71 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 67 Authorised by the Chief Parliamentary Counsel interstate DVO means an interstate DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;"; (b) for paragraphs (c)(i) and (ia) of the definition of prohibited person substitute— "(i) a final order under the Family Violence Protection Act 2008, a final interstate DVO or a final recognised DVO that does not include conditions cancelling or revoking a licence, permit or authority under this Act or, in the case of a DVO, a corresponding law of the jurisdiction in which the DVO was made; or (ia) a final order under the Family Violence Protection Act 2008, a final interstate DVO or a final recognised DVO that does include conditions cancelling or revoking a licence, permit or authority under this Act or, in the case of a DVO, a corresponding law of the jurisdiction in which the DVO was made; or". -- 72 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 68 Authorised by the Chief Parliamentary Counsel 97 Notice that licence may be refused After section 33A(2) of the Firearms Act 1996 insert— "(2A) If an applicant is disqualified from holding a licence under section 19 of the National Domestic Violence Order Scheme Act 2016, the Chief Commissioner must serve on the applicant a notice specifying the reason why the Chief Commissioner refuses to issue the licence.". 98 Review of decision not to issue a licence In section 34(2) of the Firearms Act 1996, for "section 17(1)(c)(ia)" substitute "section 17(1)(c)(ia) or 33A(2A)". 99 New section 46B inserted After section 46A of the Firearms Act 1996 insert— "46B Immediate cancellation under National Domestic Violence Order Scheme Act 2016 (1) If a licence is cancelled under section 19(2) of the National Domestic Violence Order Scheme Act 2016, the Chief Commissioner must serve a notice of the cancellation of the licence on the holder of the licence, either personally or by post. (2) Cancellation of the licence by the Chief Commissioner has effect from the time at which notice of the cancellation is served on the licence holder.". -- 73 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 69 Authorised by the Chief Parliamentary Counsel 100 New section 76A inserted After section 76 of the Firearms Act 1996 insert— "76A Immediate cancellation of a dealers licence under National Domestic Violence Order Scheme Act 2016 (1) If a dealers licence is cancelled under section 19(2) of the National Domestic Violence Order Scheme Act 2016, the Chief Commissioner must serve a notice of the cancellation of the licence on the holder of the licence, either personally or by post. (2) Cancellation of the licence by the Chief Commissioner has effect from the time at which notice of the cancellation is served on the licence holder.". 101 Application to be deemed not to be a prohibited person In section 189(3) of the Firearms Act 1996, in paragraph (a)(ii) of the definition of Court, after "Territory" insert "or in New Zealand". Division 5—Health Records Act 2001 102 Definitions In section 3(1) of the Health Records Act 2001, after paragraph (ca) of the definition of law enforcement function insert— "(cb) the prevention, detection or investigation of conduct that could found an application for the variation or extension of a non-local DVO that is a recognised DVO, both within the meaning of the National Domestic Violence Order Scheme Act 2016;". -- 74 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 70 Authorised by the Chief Parliamentary Counsel Division 6—Magistrates' Court Act 1989 103 Definitions In section 3(1) of the Magistrates' Court Act 1989, in the paragraph (da) of the definition of proper venue, after "Family Violence Protection Act 2008" insert "or the National Domestic Violence Order Scheme Act 2016". 104 Establishment of Family Violence Court Division After section 4H(3A) of the Magistrates' Court Act 1989 insert— "(3B) Nothing in subsection (3) prevents the Family Violence Court Division being constituted by a registrar for the determination of an application under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016.". 105 Jurisdiction of Family Violence Court Division After section 4I(1)(ab) of the Magistrates' Court Act 1989 insert— "(ac) a proceeding for a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016;". 106 Restriction on children being called as witnesses or present in court (1) In section 4L(1) of the Magistrates' Court Act 1989, after "family violence intervention order" insert "or a proceeding relating to a recognised DVO". -- 75 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 71 Authorised by the Chief Parliamentary Counsel (2) After section 4L(2) of the Magistrates' Court Act 1989 insert— "(3) For the purposes of subsection (1), a proceeding relating to a recognised DVO is a proceeding for the variation, extension or revocation of a non-local DVO that is a recognised DVO, both within the meaning of the National Domestic Violence Order Scheme Act 2016.". 107 Establishment of Neighbourhood Justice Division After section 4M(4) of the Magistrates' Court Act 1989 insert— "(4A) Nothing in subsection (3) prevents the Neighbourhood Justice Division being constituted by a registrar for the determination of an application under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016.". 108 Jurisdiction of Neighbourhood Justice Division (1) In section 4O(2)(b) of the Magistrates' Court Act 1989, after "Family Violence Protection Act 2008" insert "or the National Domestic Violence Order Scheme Act 2016". (2) After section 4O(3)(e) of the Magistrates' Court Act 1989 insert— "(ea) the jurisdiction of the Court given by Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016; and". -- 76 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 72 Authorised by the Chief Parliamentary Counsel 109 Powers of registrar In section 21(1) of the Magistrates' Court Act 1989— (a) in paragraph (f), for "1986." substitute "1986;"; (b) after paragraph (f) insert— "(g) power to make a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016.". Division 7—Open Courts Act 2013 110 Definitions In section 3 of the Open Courts Act 2013— (a) insert the following definition— "non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;". (b) in the definition of family violence offence, for ", a corresponding interstate order or a corresponding New Zealand order" substitute "or a non-local DVO"; (c) the definitions of corresponding interstate order and corresponding New Zealand order are repealed. Division 8—Personal Safety Intervention Orders Act 2010 111 Definitions In section 4 of the Personal Safety Intervention Orders Act 2010 insert the following definitions— -- 77 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 73 Authorised by the Chief Parliamentary Counsel "non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;". 112 Interim order where existing family violence intervention order (1) In section 36(1) of the Personal Safety Intervention Orders Act 2010, after "family violence intervention order" insert "or non-local DVO made by a court that is a recognised DVO". (2) In section 36(2) of the Personal Safety Intervention Orders Act 2010, after "family violence intervention order" insert "or interim non-local DVO that is a recognised DVO". (3) For section 36(3) of the Personal Safety Intervention Orders Act 2010 substitute— "(3) In this section— interim family violence intervention order means an interim order within the meaning of the Family Violence Protection Act 2008; interim non-local DVO means a non-local DVO that is an interim DVO within the meaning of the National Domestic Violence Order Scheme Act 2016.". 113 No final order if existing family violence intervention order In section 62 of the Personal Safety Intervention Orders Act 2010, after "family violence intervention order" insert "or non-local DVO made by a court that is a recognised DVO". -- 78 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 74 Authorised by the Chief Parliamentary Counsel 114 Concurrent applications may be heard together (1) In section 133(1) of the Personal Safety Intervention Orders Act 2010, after "family violence intervention orders" insert "or for the variation, revocation or extension of non-local DVOs that are recognised DVOs". (2) In section 133(2) of the Personal Safety Intervention Orders Act 2010, for "subsection (1) to hear applications for personal safety intervention orders and family violence intervention orders" substitute "this section to hear applications". 115 Family violence intervention order to prevail At the end of section 134 of the Personal Safety Intervention Orders Act 2010 insert— "(2) A non-local DVO made by a court of any jurisdiction that is a recognised DVO prevails to the extent of any inconsistency with a personal safety intervention order. (3) A variation or extension by a court of any jurisdiction of a non-local DVO that is a recognised DVO prevails to the extent of any inconsistency with a personal safety intervention order.". Division 9—Residential Tenancies Act 1997 116 Definitions In section 3(1) of the Residential Tenancies Act 1997— (a) insert the following definitions— "non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; -- 79 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 75 Authorised by the Chief Parliamentary Counsel recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;"; (b) for the definition of exclusion condition substitute— "exclusion condition means— (a) an exclusion condition included in a family violence safety notice under section 29 of the Family Violence Protection Act 2008; or (b) an exclusion condition included in a family violence intervention order under section 82 of that Act; or (c) a condition that corresponds to an exclusion condition referred to in paragraph (a) or (b), included in a non-local DVO that is a recognised DVO; or (d) an exclusion condition included in a personal safety intervention order under section 67 of the Personal Safety Intervention Orders Act 2010;". 117 Locks for rented premises the subject of an intervention order (1) In section 70A(1), (3) and (5) of the Residential Tenancies Act 1997, for "or, family violence safety notice" (wherever occurring) substitute ", family violence safety notice or non-local DVO that is a recognised DVO". -- 80 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 76 Authorised by the Chief Parliamentary Counsel (2) In section 70A(4) of the Residential Tenancies Act 1997— (a) for paragraph (a) substitute— "(a) in the case of a family violence intervention order, a non-local DVO made by a court that is a recognised DVO or a personal safety intervention order, unless the exclusion condition in the order ends;"; (b) for paragraph (b) substitute— "(b) in the case of a family violence safety notice or non-local DVO made by a police officer that is a recognised DVO, until the notice or DVO ends.". 118 Application for new tenancy agreement because of final family violence intervention order In section 233A(1) of the Residential Tenancies Act 1997, after paragraph (a) of the definition of final order insert— "(ab) a non-local DVO made by a court— (i) that is a recognised DVO; and (ii) that is a final order, within the meaning of the National Domestic Violence Order Scheme Act 2016; or". 119 Cross-examination in proceeding for a new tenancy agreement In section 233D(1) of the Residential Tenancies Act 1997, after "final family violence intervention order" insert "or a final non-local DVO that is a recognised DVO". -- 81 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 77 Authorised by the Chief Parliamentary Counsel 120 Reduction of fixed term tenancy agreement In section 234(2A)(b) of the Residential Tenancies Act 1997, after "family violence intervention order" (where twice occurring) insert ", non-local DVO made by a court that is a recognised DVO". 121 Application for new site agreement because of final family violence intervention order In section 317M(4) of the Residential Tenancies Act 1997, for the definition of final order substitute— "final order means— (a) a final order within the meaning of the Family Violence Protection Act 2008; or (b) a non-local DVO made by a court— (i) that is a recognised DVO; and (ii) that is a final order, within the meaning of the National Domestic Violence Order Scheme Act 2016.". 122 Reduction of fixed term site agreement In section 317Q(3)(b) of the Residential Tenancies Act 1997, after "family violence intervention order" (where twice occurring) insert "or a non-local DVO made by a court that is a recognised DVO". 123 Service of documents After section 506(5) of the Residential Tenancies Act 1997 insert— "(6) If, under this Act, a notice or other document is to be served or given to a person who is a tenant or site tenant excluded from rented -- 82 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 78 Authorised by the Chief Parliamentary Counsel premises or Part 4A site under a non-local DVO that is a recognised DVO, the notice or document must be served or given— (a) by delivering it personally to the person; or (b) by leaving it at the person's last known address (other than a place from which the person is excluded under the DVO) with a person apparently over the age of 16 years and apparently residing or employed at that place; or (c) by sending it to the person by post or email to the person's last known postal or email address (other than to an address from which the person is excluded under the DVO); or (d) in the manner ordered by the Tribunal.". Division 10—Sentencing Act 1991 124 Definitions In section 3(1) of the Sentencing Act 1991— (a) insert the following definitions— "non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;"; -- 83 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 79 Authorised by the Chief Parliamentary Counsel (b) after paragraph (a) of the definition of family violence intervention order insert— "(ab) a non-local DVO made by a court that is a recognised DVO; or". Division 11—Serious Sex Offenders (Detention and Supervision) Act 2009 125 Sharing of information In section 189(4) of the Serious Sex Offenders (Detention and Supervision) Act 2009, after paragraph (ab) of the definition of relevant Act insert— "(ac) the National Domestic Violence Order Scheme Act 2016; or". Division 12—Victorian Civil and Administrative Tribunal Act 1998 126 Support person (1) In clause 67A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, after "2008" insert "or a non-local DVO made by a court that is a recognised DVO". (2) After clause 67A(2) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert— "(3) In this clause— non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016.". -- 84 of 86 -- Part 10—Amendment of other Acts National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 80 Authorised by the Chief Parliamentary Counsel 127 Evidence (1) In clause 73A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, after "2008" insert "or a non-local DVO made by a court that is a recognised DVO". (2) At the end of clause 73A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert— "(2) In this clause— non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016; recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016.". Division 13—Repeal of Parts 8, 9 and 10 128 Repeal of this Part and Parts 8 and 9 This Part and Parts 8 and 9 are repealed on the first anniversary of the commencement of Part 3. Note The repeal of this Part and Parts 8 and 9 do not affect the continuing operation of the amendments made by these Parts (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 85 of 86 -- Endnotes National Domestic Violence Order Scheme Act 2016 No. 53 of 2016 81 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 16 August 2016 Legislative Council: 13 September 2016 The long title for the Bill for this Act was "A Bill for an Act to provide for a national recognition scheme for domestic violence orders, to make consequential amendments to the Family Violence Protection Act 2008 and other Acts and for other purposes." -- 86 of 86 --