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JUSTICE LEGISLATION AMENDMENT (DOMESTIC AND FAMILY VIOLENCE) ACT 2023 (NO 33 OF 2023) - NOTES

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Table of provisions

5 Domestic violence

5A Emotional or psychological abuse

5B Coercive control
8 Economic abuse
14 Respondent
20A Mandatory prohibition
22 Premises exclusion order
27 Duration of court DVO
Part 2.4 Police DVO

Division 1 Making of police DVO

28 When authorised police officer may make DVO

29 Matters to be recorded on police DVO

30 What police officer must do after police DVO is made

31 Police DVO taken to be summons to appear before Court

32 Criminal history and report of respondent

33 Report of protected person

34 Duration of police DVO

Division 2 Review of police DVO

35 Application for review

36 How application is made

37 Deciding application

38 Action of police officer if police DVO confirmed with variation

39 Action of police officer if police DVO confirmed without variation

40 Action of Court if police DVO confirmed with variation

41 Action of police officer if police DVO revoked

42 Explanation of police DVO

43 Order taken to be summons to appear before Court

Division 3 Confirmation of police DVO

44 Application of Division

45 Place of hearing

46 Parties to hearing

47 Considerations at hearing

48 Decision at hearing

49 Respondent failing to appear at hearing

50 Notice of order

Part 2.5 Court DVO

Division 1 Power to make court DVO

51 Court DVO

Division 2 Application process

52 Who may apply for court DVO

53 When application must be made for child

54 How application is made

55 Place of hearing

Division 3 Hearing process and decision

56 Dismissal if application likely to be contrary to objects of Act

57 Criminal history and report of respondent

58 Report of protected person

59 Court may decide application in absence of respondent

60 When registrar must not decide application

61 Referral of application to Court

62 Court may refuse to hear application or order stay of proceeding

63 Notice of court DVO

Division 4 Protection during hearing process

64 Interim court DVO

Division 5 Court DVO made on consent of parties

65 When DVO may be made on consent

66 Referral of application to Court

67 No service of documents

68 Notice of court DVO on consent

Part 2.6 Variation and revocation of court DVO

Division 1 Power to vary or revoke court DVO

69 Order to vary or revoke court DVO

Division 2 Application to vary or revoke

70 Who may apply for variation or revocation

71 Filing application

72 Notice of hearing of application

Division 3 Court hearings for variation and revocation

73 Right to be heard before decision is made

74 Interim variation of court DVO

75 What must be considered before making order

76 Notice of order

Division 4 Special provisions for variation and revocation without hearing

77 Application of Division

78 Deciding application

79 Referral of application to Court

80 Notice of order

81 Order taken to be summons to appear before Court

Division 5 Variation and revocation with consent of parties

82 Application of Division

82A When order may be made

82B Referral of application to Court

82C Notice of order

Part 2.7 Finalising court DVO on summons

82D Application of Part

82E Parties to hearing

82F Decision at hearing

82G Notice of order

Part 2.8 Extension of court DVO

82H When Court may extend court DVO

82J Application to extend duration of court DVO

82K How application is made

82L Notice of hearing of application

82M What must be considered before extending court DVO

82N Decision of extension

82P Interim extension of court DVO

82Q Notice of order

Part 2.9 Variation of court DVO or police DVO in urgent circumstances

82R DVOs to which Part applies

82S When application may be made

82T How application is made

82U Deciding application

82V What Court must do if application is refused

82W What Court must do if variation order is made

82X What police officer must do when variation order is made

82Y Order taken to be summons to appear before Court

Part 2.10 DVOs made by courts in criminal proceedings

83 Power of court if person guilty of related offence
85AA Retrieval of protected person's personal property
121 Penalties for contravention of DVO
124DA Approval of information sharing entity

124DB Collection of information
Part 7.7 Transitional matters for Justice Legislation Amendment (Domestic and Family Violence) Act 2023

147 Definitions

148 Saving of DVOs

149 Application of sections 123, 124, 124A and 124L

150 Proceeding already started
24B Determining domestic violence risk in bail applications
Division 8 Justice Legislation Amendment (Domestic and Family Violence) Act 2023

72 Application of amendments

341B Presumption of joint trial of domestic violence offences
Division 20 Justice Legislation Amendment (Domestic and Family Violence) Act 2023

476 Definitions

477 Application of amendment to section 188

478 Application of presumption

21GA Expert evidence for domestic violence
Division 5 Justice Legislation Amendment (Domestic and Family Violence) Act 2023

73 Definitions

74 Application of section 21GA

75 Application of amendment to section 21J

Chapter 11 Transitional matters for Justice Legislation Amendment (Domestic and Family Violence) Act 2023

224 Definitions

225 Application of amendment to section 19

52 Aggregate term of imprisonment
Division 13 Transitional matters for Justice Legislation Amendment (Domestic and Family Violence) Act 2023

151 Definitions

152 Application of amendment to section 6A

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NORTHERN TERRITORY OF AUSTRALIA

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Act No. 33 of 2023

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[Assented to 6 December 2023]

[Introduced 25 October 2023]



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