Domestic Violence Orders (National Recognition) Act 2016 (Tas)

Domestic Violence Orders (National Recognition) Act 2016

An Act to give effect to the Tasmanian component of a national recognition scheme for domestic violence orders [Royal Assent 9 September 2016]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Domestic Violence Orders (National Recognition) Act 2016 .

2. Commencement This Act commences on a day to be proclaimed.

3. Object of Act This Act establishes, in conjunction with the corresponding laws, a national recognition scheme for DVOs or domestic violence orders.

4. Interpretation (1) In this Act – corresponding law means a law of another jurisdiction that – (a) contains provisions that substantially correspond with this Act; or (b) is declared by the regulations to be a corresponding law for the purposes of this Act; defendant means the person against whom a DVO is made; domestic violence concern – see section 8 ; DVO (or domestic violence order) means a local DVO, an interstate DVO or a foreign order; final DVO 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 – (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 (other than a police family violence order (PFVO) under the Family Violence Act 2004 ); (b) an emergency order under the Domestic Violence and Protection Orders Act 2008 of the Australian Capital Territory; (c) a temporary protection order under the Domestic and Family Violence Protection Act 2012 of Queensland; (d) any DVO declared by the regulations 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 for a DVO means the jurisdiction in which the DVO is made; jurisdiction means a State or Territory; local DVO – see section 5 ; local law enforcement agency means – (a) the Police Service of Tasmania; or (b) any other agency responsible for the enforcement of DVOs in Tasmania; make includes issue; 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 an interstate DVO or a foreign order; participating jurisdiction means the following jurisdictions: (a) Tasmania; (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 39 ; recognised variation – see section 11 ; registered foreign order – see section 7 ; revoke includes cancel; vary 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 in which the DVO remains in force. (2) Notes included in this Act do not form part of this Act.