NSW
Judicial Commission of NSW, Local Court Bench Book (updated 2022).
Section [22-000] discusses the procedures for dealing with applications for Apprehended Violence Orders, hearing applications, the making and variation of orders, consent orders, duration and conditions, and the National Domestic Violence Order recognition scheme.
QLD
Magistrates Court, Queensland, Domestic and Family Violence Protection Act 2012 Bench Book (2021).
This bench book discusses in detail the legislation, case law and procedural issues relating to application proceedings for protection orders under the Domestic and Family Violence Act 2012 (Qld), including the jurisdiction of Magistrates and Judicial Registrars (Chapter 2); police, private and cross applications (Chapter 3); service of applications (Chapter 4); hearing of applications (Chapter 5); making a temporary protection order (Chapter 6); making a protection order (Chapter 7); consent orders (Chapter 8); naming of parties and standard/other conditions in orders (Chapter 9); duration of orders (Chapter 10); explanation of orders (Chapter 11); service of orders (Chapter 12); variation of orders (Chapter 13); and breach of an order (Chapter 20.1).
Parenting orders: Chapter 10.6 discusses the interaction between domestic violence orders and family law orders, including parenting orders, an applicant’s obligations to inform the court about any family law orders, and the matters the court must consider before deciding to make or vary a domestic violence order. Chapter 10.6.1 discusses the situation where parties have ongoing contact due to family court parenting orders.
Recognition of interstate orders: Chapter 20 discusses the National Domestic Violence Order Scheme and its implementation in the Domestic and Family Violence Act 2012 (Qld) for the mutual recognition and enforcement of orders.
Vic
Judicial College of Victoria, Family Violence Bench Book (updated 2023).
2.1 discusses the intervention order process. 2.2 discusses making interim and final intervention orders, and conditions of orders. 2.2.4 discusses the advantages and limitations of undertakings when deciding whether to accept an undertaking instead of making an interim or final order, with safety being the paramount consideration. 2.3 discusses changing orders. 2.6 discusses the interaction between family violence orders and parenting orders, recovery orders and other orders under the Family Law Act 1975. 5.13 discusses the relationship between family violence and family law. 3.3 discusses the enforceability of interstate (and New Zealand) orders in Victoria. 3.10 discusses information sharing.
WA
Department of Justice (WA), Equal Justice Bench Book (2nd edition September 2021).
Section 13.8.1 titled ‘Family Violence Restraining Orders’ and 13.9.3 titled ‘Restraining Orders’. The latter section provides practical points for judicial officers to consider in restraining order applications (particularly in relation to children). For example:
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Be aware that restraining orders may be used by perpetrators of domestic violence as a way to control and punish the primary victim…
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If an applicant has not contacted an external support agency prior to the application for a restraining order you may wish to let them know that such support is available. A list of agencies and organisations which help people who are at risk of family and domestic violence can be found in section 3.10
International
This Bench Book provides guidance and suggestions for judicial officers managing cases involving domestic and family violence in Canada.
Chapter 9 deals with ‘Civil Protection’ - including civil protection orders.
In section 16.10.11.5: Concerns about undertakings: Domestic violence context, the Bench Book raises these questions in context of Hague Convention matters:
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Are undertakings from a parent who has engaged in domestic violence or who has demonstrated disrespect for law or who has a history of non-compliance with court orders like to be reliable?
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What happens to the safety of the custodial parent and child if the undertaking parent decides to ignore or to retract the undertakings upon the child’s return in the other jurisdiction?
Key points:
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All protection orders made in any Australian jurisdiction on or after 25 November 2017 are automatically recognised and enforceable nationally, without any further action by the protected person.
All Australian states and territories have passed legislation giving effect to the National Domestic Violence Order (DVO) Scheme. Under the scheme, all protection orders made in any Australian jurisdiction on or after 25 November 2017 are automatically recognised and enforceable nationally. without any further action by the protected person.
Prior to the commencement of the scheme, protection orders were only enforceable in the state or territory in which they were issued. For the order to be enforceable in another state or territory, the protected person had to manually apply to have the order registered in that individual state or territory.
In all jurisdictions except Victoria, protection orders issued prior to 25 November 2017 are not automatically nationally recognised, but can be ‘declared’ as a recognised order by a court to ensure the order is enforceable and applicant is protected nationwide, rather than just in the state or territory in which the order was issued (and any additional jurisdiction in which the order was previously registered). The protected person may apply to any local court in Australia for such a declaration.
Protection orders which were issued in Victoria prior to 25 November 2017 and which were still active at 25 November 2017 are automatically nationally recognised, without the need for the protected person to obtain a declaration. However, interstate orders that were registered in Victoria prior to 25 November 2017, rather than issued there, are not automatically nationally recognised and require declaration.
Protection orders issued in New Zealand on or after 25 November 2017 are not automatically nationally recognised in Australia, but can be registered in any Australian local court. Once registered, the New Zealand protection order is recognised and enforceable throughout Australian jurisdictions in the same way as Australian protection orders issued on or after 25 November 2017, or which have been declared.
Below is a table identifying the legislation in each state or territory that gives effect to the scheme, and under which an application to have a protection order issued before 25 November 2017 ‘declared’ may be made.
For an overview click here.
National recognition of protection orders: provisions under state/territory domestic and family violence legislation
Jurisdiction | Protection order issued on or after 25 November 2017 recognised under: | Protection order issued prior to 25 November 2017 may be declared under: |
|---|---|---|
Australian Capital Territory (ACT) | Part 9 Family Violence Act 2016 (ACT) | Part 9 (Div 9.6) Family Violence Act 2016 (ACT) |
New South Wales (NSW) | Part 13B Crimes (Domestic and Personal Violence) Act 2007 (NSW) | Part 13B (Div. 6) Crimes (Domestic and Personal Violence) Act 2007 (NSW) |
Northern Territory (NT) | Chapter 3A Domestic and Family Violence Act 2007 (NT) | Chapter 3A (Part 3A.6) Domestic and Family Violence Act 2007 (NT) |
Queensland (Qld) | Part 6 Domestic and Family Violence Protection Act 2012 (Qld) | Part 10 (Div. 3) Domestic and Family Violence Protection Act 2012 (Qld) |
South Australia (SA) | Part 3A Intervention Orders (Prevention of Abuse) Act 2009 (SA) | Part 3A (Div. 6) Intervention Orders (Prevention of Abuse) Act 2009 (SA) |
Tasmania (Tas) | ||
Victoria (Vic) | Part 7 National Domestic Violence Order Scheme Act 2016 (Vic) Note: Victorian courts may still declare orders issued in other jurisdictions prior to 25 Nov 2017 as “recognised” in Victoria. Orders issued prior to 25 Nov 2017 in Victoria are automatically nationally recognised. | |
Western Australia (WA) | Part 6 (Div. 3) Domestic Violence Orders (National Recognition) Act 2017 (WA) |
Further Resources:
National | |
Australian Capital Territory | |
New South Wales | |
Northern Territory | |
Queensland | |
South Australia | |
Tasmania | |
Victoria | |
Western Australia |
Key points:
•
All protection orders made in any Australian jurisdiction on or after 25 November 2017 are automatically recognised and enforceable nationally, without any further action by the protected person.
All Australian states and territories have passed legislation giving effect to the National Domestic Violence Order (DVO) Scheme. Under the scheme, all protection orders made in any Australian jurisdiction on or after 25 November 2017 are automatically recognised and enforceable nationally. without any further action by the protected person.
Prior to the commencement of the scheme, protection orders were only enforceable in the state or territory in which they were issued. For the order to be enforceable in another state or territory, the protected person had to manually apply to have the order registered in that individual state or territory.
In all jurisdictions except Victoria, protection orders issued prior to 25 November 2017 are not automatically nationally recognised, but can be ‘declared’ as a recognised order by a court to ensure the order is enforceable and applicant is protected nationwide, rather than just in the state or territory in which the order was issued (and any additional jurisdiction in which the order was previously registered). The protected person may apply to any local court in Australia for such a declaration.
Protection orders which were issued in Victoria prior to 25 November 2017 and which were still active at 25 November 2017 are automatically nationally recognised, without the need for the protected person to obtain a declaration. However, interstate orders that were registered in Victoria prior to 25 November 2017, rather than issued there, are not automatically nationally recognised and require declaration.
Protection orders issued in New Zealand on or after 25 November 2017 are not automatically nationally recognised in Australia, but can be registered in any Australian local court. Once registered, the New Zealand protection order is recognised and enforceable throughout Australian jurisdictions in the same way as Australian protection orders issued on or after 25 November 2017, or which have been declared.
Below is a table identifying the legislation in each state or territory that gives effect to the scheme, and under which an application to have a protection order issued before 25 November 2017 ‘declared’ may be made.
For an overview click here.
National recognition of protection orders: provisions under state/territory domestic and family violence legislation
Jurisdiction | Protection order issued on or after 25 November 2017 recognised under: | Protection order issued prior to 25 November 2017 may be declared under: |
|---|---|---|
Australian Capital Territory (ACT) | Part 9 Family Violence Act 2016 (ACT) | Part 9 (Div 9.6) Family Violence Act 2016 (ACT) |
New South Wales (NSW) | Part 13B Crimes (Domestic and Personal Violence) Act 2007 (NSW) | Part 13B (Div. 6) Crimes (Domestic and Personal Violence) Act 2007 (NSW) |
Northern Territory (NT) | Chapter 3A Domestic and Family Violence Act 2007 (NT) | Chapter 3A (Part 3A.6) Domestic and Family Violence Act 2007 (NT) |
Queensland (Qld) | Part 6 Domestic and Family Violence Protection Act 2012 (Qld) | Part 10 (Div. 3) Domestic and Family Violence Protection Act 2012 (Qld) |
South Australia (SA) | Part 3A Intervention Orders (Prevention of Abuse) Act 2009 (SA) | Part 3A (Div. 6) Intervention Orders (Prevention of Abuse) Act 2009 (SA) |
Tasmania (Tas) | ||
Victoria (Vic) | Part 7 National Domestic Violence Order Scheme Act 2016 (Vic) Note: Victorian courts may still declare orders issued in other jurisdictions prior to 25 Nov 2017 as “recognised” in Victoria. Orders issued prior to 25 Nov 2017 in Victoria are automatically nationally recognised. | |
Western Australia (WA) | Part 6 (Div. 3) Domestic Violence Orders (National Recognition) Act 2017 (WA) |
Further Resources:
National | |
Australian Capital Territory | |
New South Wales | |
Northern Territory | |
Queensland | |
South Australia | |
Tasmania | |
Victoria | |
Western Australia |