National Domestic Violence Scheme commences

Each State and Territory has passed model amendments to existing domestic violence legislation to enable the consistent recognition of  interstate orders. The terminology and laws remain unique to each jurisdiction, as do the conditions in the orders.  The key elements of the Scheme include:

• A domestic violence order (DVO) made in any Australian State or Territory on or after 25 November 2017, is automatically recognised and enforceable in each other State and Territory. They include final and interim orders.
• Applications to vary a nationally recognised order can be made in any State or Territory. 
• For DVOs made before 25 November 2017 to be recognised and enforceable in a State or Territory other than the one in which they were made, a discrete application must be made for registration in each other State or Territory in which protection is sought.
• A nationally recognised order prevails over an earlier comparable local order or comparable interstate order (and the earlier order stops having effect).
• Application can be made to the clerk of the Local Court for DVOs made in New Zealand to become a recognised order in Australia. The perpetrator does not need to be given notice or an opportunity to be heard.  It can then be varied in Australia.
• Australian orders can, on application, be registered and enforceable in New Zealand.
• Information will be shared across borders between police and courts through a new national database.

Mark Sullivan is a Director and Accredited Specialist at Mullane & Lindsay Solicitors and practices extensively in Family, Relationship and Matrimonial Law. If you require any assistance in this area please contact Mark Sullivan to arrange a consultation or contact our Newcastle office.