New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 40A

40A Apprehended violence order may be made in care proceedings

(1) The Children’s Court may, during care proceedings, make an apprehended violence order for the protection of-

(a) the child to whom the care proceedings relate, or

(b) any person who is a relative of, or who resides on the same property as, the child,

or may vary or revoke any existing order that protects any of those persons.

(2) The Children’s Court may make, vary or revoke an order on the application of a party to the care proceedings or on its own motion if the Court considers that the circumstances justify making, varying or revoking the order.

(3) The Children’s Court is not to make or vary an order under this section that protects a person if the Court is aware that the defendant is subject to criminal proceedings before another court and those criminal proceedings arose out of some or all of the circumstances that justify the making of the order.

(4) Before making, varying or revoking an order under this section, the Children’s Court is to notify the Commissioner of Police and the Secretary of the Department of Family and Community Services and give the Commissioner and Secretary standing to appear in the proceedings.

(5) Before varying or revoking a police-initiated order under this section the Children’s Court is to notify the Commissioner of Police and give the Commissioner standing to appear in the proceedings.

(6) Sections 48(3) and 72B do not apply to an application made under subsection (2).

(7) The parties to the care proceedings and the defendant against whom the apprehended violence order is proposed to be made all have standing to appear in respect of the making of the apprehended violence order.

(8) Subject to the regulations, section 91 (Appeals) of the Children and Young Persons (Care and Protection) Act 1998 applies to an apprehended violence order made under this section.

(9) In this section-

"care proceedings" has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998 .

"child" includes a young person within the meaning of the Children and Young Persons (Care and Protection) Act 1998 .

"police-initiated order" has the same meaning as in Part 10.

"relative" of a child has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998 .

"reside on a property" has the same meaning as in the Child Protection (Working with Children) Act 2012 .