Recognition of interstate orders

Interstate recognition of protection orders is critical to effective enforcement and the safety of victims in cross-border situations and when victims move interstate. Legislative mechanisms exist in Australian state and territory jurisdictions for the recognition of protection orders made in another state or territory. The table below summarises these legislative mechanisms, including provisions for the variation and revocation of recognised orders. Legislative reform is ongoing to achieve greater consistency in approaches. Where judicial officers identify potential concerns about interstate enforcement of orders and safety issues they should advise victims to take steps to ensure their orders are recognised interstate.

National recognition of protection orders: provisions under state/territory domestic and family violence legislation
Jurisdiction & legislation Registration of order & copy to police Modification possible in new state/terr where order registered Notification to respondent Variation in state/terr where order registered and notification to respondent Variations to registered order made in state of origin Other

Australian Capital Territory (ACT)

Family Violence Act 2016 (ACT) (part 9)
s119 - recognition of interstate  / foreign orders.

s126 - recognised orders treated as ACT made orders.
s120 - amendment of orders. s117 - recognised orders take when respondent properly notified. s120 - amendment of orders

s117 - when amendments recognised

s124 - when amendments enforceable against respondents
s124 - Recognised FVOs and amendments are enforceable against respondent s127-129 - firearms and other licences.

New South Wales (NSW)

Crimes (Domestic and Personal Violence) Act 2007 (NSW)
s95 - application for registration of external protection order; requires evidence of service on respondent

s96 - registration; copy to police
s96 - NSW court may vary order duration or otherwise modify where necessary for effective operation in NSW s96 - notice of registration not to be served on respondent without applicant consent s98 - registered order can be varied or revoked by NSW court if application served on respondent s97 - variation or revocation of order by original court has no effect in NSW after registration of external protection order  

Northern Territory (NT)

Domestic and Family Violence Act (NT)
s93 - application for registration of external order; requires evidence that respondent given copy of order

s94 - registration

s95 - copy to police
s94 - NT court may modify order where necessary for effective operation in NT s95 - notice of registration or copy of registered order not to be given to respondent without applicant consent s98 - registered order can be varied or cancelled by NT court   ss101-103 - if police officer reasonably believes a person is a respondent named in an order made in another jurisdiction, declaration made to Commissioner and deemed to be NT order for up to 72 hours

Queensland (Qld)

Domestic and Family Violence Protection Act 2012 (Qld)

Domestic and Family Violence Protection and Other Legislation Amendment Act 2016
s176A - interstate order becomes a recognised order when made in participating State s176D - recognised interstate order, including variation, ‘properly notified’ under relevant State law has the same effect as Qld order s176D - recognised interstate order is ‘properly notified’ if done so under relevant State law s176H - power of Qld court to vary recognised interstate orders

s176I - application for variation of recognised interstate order must comply with requirements applicable to Qld order

s176J - Qld court discretion to hear/refuse to hear variation application having regard to certain considerations

s176K - recognised interstate order deemed revoked if Qld court varies end date
s176D - variation of recognised interstate order done in participating State and ‘properly notified’ under relevant State law has same effect as Qld order s176D - variation of Qld order done in another State enforceable if respondent ‘properly notified’ under relevant State law

South Australia (SA)

Intervention Orders (Prevention of Abuse) Act 2009 (SA)
s30 - registration of foreign intervention order; copy to police s30 - foreign intervention order takes effect as SA order s30 - court may require the order to be served on respondent      

Tasmania (Tas)

Family Violence Act 2004 (Tas)
s26 - application for registration of external family violence order; requires evidence of service on respondent

s27 - registration of external family violence order; copy to police
s27 - court may vary period of operation of registered external family violence order or otherwise modify where necessary for effective operation in Tas

s28 - registered external family violence order takes effect as Tas order
  s29 - registered external family violence order can be varied, extended or revoked by Tas court    

Victoria (Vic)

Family Violence Protection Act 2008 (Vic)
s177 - registration of corresponding interstate order

s178 - copy of registered corresponding interstate order to police
s179 - registered corresponding interstate order takes effect as Vic order s178 - matter may be listed to determine whether registered corresponding interstate order to be served on respondent s181 - registered corresponding interstate order can be varied, extended or revoked by Vic court s180 - subsequent variation of registered corresponding interstate order done in original court have no effect in Vic s183 - police and original court to be notified of variation of registered corresponding interstate order done by Vic court

Western Australia (WA)

Restraining Orders Act 1997 (WA)
s75 - application for registration of interstate order

s76 - registration; copy to police
s77 - registered interstate order takes effect as WA order s76 - notice of registration of interstate order not to be given to respondent unless requested by applicant s77 - registered interstate order can be varied or cancelled by WA court s78 - variation or cancellation of registered interstate order done by original court has effect in WA if WA court notified s77 - breach of registered interstate order committed in WA does not require proof of making/service of order

Acknowledgement of (adapted) source: Taylor, A., et al Domestic and family violence protection orders in Australia: An investigation of information sharing and enforcement: State of knowledge paper (ANROWS, 2015) – Table 2, pp11-12