Intervention Orders (Prevention of Abuse) Act 2009 (SA)

South Australia Intervention Orders (Prevention of Abuse) Act 2009 An Act to provide for intervention orders and associated problem gambling and tenancy orders in cases of domestic and non‑domestic abuse; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act outside State Part 2—Objects of Act 5 Objects of Act Part 3—Intervention and associated orders Division 1—General 6 Grounds for issuing intervention order 7 Persons for whose protection intervention order may be issued 8 Meaning of abuse—domestic and non‑domestic 9 Priority for certain interventions 10 Principles for intervention against abuse 11 Ongoing effect of intervention order 12 Terms of intervention order—general 13 Terms of intervention order—intervention programs 14 Terms of intervention order—firearms 15 Terms of intervention order—date after which defendant may apply for variation or revocation 15A Declaration that intervention order addresses domestic violence concern 16 Inconsistent Family Law Act or State child protection orders 17 Explanation for defendant and protected persons Division 2—Police orders 18 Interim intervention order issued by police 19 Revocation of interim intervention order by Commissioner of Police Division 3—Court orders 20 Application to Court for intervention order 21 Preliminary hearing and issue of interim intervention order 22 Adjournments 23 Determination of application for intervention order 24 Problem gambling order 25 Tenancy order Division 4—Variation or revocation of orders 26 Intervention orders 26A Interim variation where application made by police 27 Problem gambling orders Division 5—Evidentiary matters 28 Burden of proof 28A Use of recorded evidence where application made by police 29 Special arrangements for evidence and cross‑examination Part 3A—National recognition of domestic violence orders Division 1—Preliminary 29A Interpretation 29B Registered foreign orders 29C Domestic violence concern Division 2—National recognition of DVOs Subdivision 1—General principles 29D Recognition of DVOs 29E Variations to DVOs 29F Revocation of recognised DVO 29G Recognised DVO prevails over earlier comparable DVOs 29H Making of new orders Subdivision 2—Enforcement of recognised DVOs 29I Recognised DVOs and variations are enforceable against defendant 29J Properly notified—meaning 29K Contravention of enforceable recognised DVO Subdivision 3—Enforcement of non‑local DVOs 29L Non‑local DVO to be treated as local DVO 29M Licences, permits and other authorisations 29N Recognition of disqualification to hold firearms licence 29O Orders for costs Division 3—Variation and revocation of recognised non‑local DVOs 29P Power of Court to vary or revoke recognised non‑local DVOs 29Q Application for variation or revocation of recognised non‑local DVO 29R Decision about hearing of application Division 4—Exchange of information 29S Issuing authorities may obtain DVO information 29T Issuing authorities must provide DVO information 29U Law enforcement agencies may obtain DVO information 29V Information to be provided to law enforcement agencies Division 5—Miscellaneous 29W Certificate evidence—notification Division 6—Transitional provisions Subdivision 1—Preliminary 29X Interpretation 29Y Enforcement of DVOs under other provisions Subdivision 2—DVOs to which scheme applies 29Z DVOs made in this jurisdiction 29ZA DVOs made in other jurisdictions Subdivision 3—Extension of scheme to older DVOs 29ZB DVOs declared to be recognised DVOs 29ZC DVOs declared to be recognised in other jurisdictions before commencement date Subdivision 4—Power to declare DVO to be recognised 29ZCA Interpretation 29ZD Power to declare DVO to be recognised 29ZE Application for order 29ZF Declarations relating to general violence orders Part 4—Foreign intervention orders 30 Registration of foreign intervention orders Part 5—Offences and enforcement Division 1—Offences 31 Contravention of intervention order 31A Special provisions applying to review or appeal in relation to certain offences against section 31 32 Landlord not to allow access to excluded defendant 33 Publication of report about proceedings or orders Division 2—Special police powers 34 Powers facilitating service of intervention order 35 Powers following service of intervention order 36 Power to arrest and detain for contravention of intervention order 37 Power to search for weapons and articles required to be surrendered by intervention order Division 3—Disclosure of information 38 Disclosure to police of information relevant to locating defendant Part 6—Miscellaneous 39 Delegation by intervention program manager 40 Dealing with items surrendered under intervention order 41 Evidentiary provision 42 Regulations Schedule 1—Transitional provisions Part 15—Transitional provisions 37 Continuance of restraining orders 38 Continuance of registered foreign restraining orders 39 Validation of certain intervention orders in force before commencement of section 6 of Intervention Orders (Prevention of Abuse) (Miscellaneous) Amendment Act 2015 Legislative history