New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 29

29 Provisional order taken to be application for court order

(1) A provisional order is taken, for the purposes of this Act, to be an application by the applicant officer under Part 10.

(1A) If the application taken to be made under Part 10 is withdrawn or dismissed, the provisional order is revoked.

(2) The provisional order is to contain a direction for the appearance of the defendant at a hearing of the application by an appropriate court on a date specified in the order by the issuing officer.

(3) The specified date must be-

(a) the next date on which the matter can be listed on a domestic violence list at the appropriate court, and

(b) in any case, a date that is not more than 28 days after the making of the provisional order.

(3A) Failure to comply with the requirement under subsection (3)(b) does not affect the validity of the provisional order if the failure is due to court sitting arrangements that prevent the matter from being heard by the appropriate court.