The NSW Government approved important changes to the Crimes (Domestic & Personal Violence) Act 2007, to provide victims of domestic and family violence with immediate protection. These changes are now in force.
The NSW Government approved important changes to the Crimes (Domestic & Personal Violence) Act 2007, to provide victims of domestic and family violence with immediate protection. These changes are now in force.
The changes will give NSW Police greater powers under the law in two main areas:
1.
If police suspect or believe that domestic violence has happened or is likely to happen the police will apply for a provisional apprehended domestic violence orders (ADVOs). Police can take this action even if the victim is not willing to make a complaint. Police can temporarily detain and direct an offender to accompany police until a provisional ADVO is served.
2.
Senior police officers will have the power to determine applications for provisional ADVOs. This process will provide faster and immediate access to provisional ADVOs (instead of waiting for authorised justices from the Court). The move will save time and resources for police and courts ensuring immediate victim safety and increased deterrence to domestic violence offenders.
Senior police officers can decline approve or vary the conditions of a provisional ADVO and follow the same ‘Legal Test’ as authorised justices when determining an ADVO application.
For further information, please contact Law Access on 1300 888 529.
