New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 48

48 Making of application for an order

(1) An application for an order is to be made in accordance with this Part, despite any provision of any other Act or law (whether or not enacted or made before or after the commencement of this section).

(2) An application for an order may be made only by--

(a) a person for whose protection the order would be made, or

(a1) the guardian of the person for whose protection the order would be made, in the case of a person in respect of whom a guardianship order within the meaning of the Guardianship Act 1987 is in force, or

(b) a police officer, or

(c) in the case of a child being subjected to coercion to enter into a forced marriage (within the meaning of section 93AC of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7A (Definition of forced marriage)) for whose protection an order would be made--the Secretary of the Department of Communities and Justice or a person authorised by the Secretary to make applications under this section on the Secretary's behalf or any other person prescribed by the regulations.

(3) Despite subsection (2), an application for an order (other than an application under subsection (2) (c)) may be made only by a police officer if, at the time the application is made, each person for whose protection the order would be made is a child.

(4) An application for an order--

(a) may be made by more than one person, and

(b) if made by a police officer, may be made on behalf of more than one person, and

(c) if made by a person for whose protection the order would be made (
"the applicant" ), may also be made by the applicant on behalf of any other person with whom the applicant has a domestic relationship.

(4A) A court may refer an application for an order to the Commissioner of Police at any time if--

(a) the applicant is not a police officer, and

(b) a person for whose protection the order would be made is a child at the time of the application, and

(c) the court considers that it would be in the best interests of the child for a police officer to appear in the application.

(5) A court may deal with an application even though the court has only a facsimile transmission or other copy of the application.

(6) An applicant for an order who is 16 years of age or over, but under 18 years of age, has full capacity to make the application and to apply for a variation or revocation of the order.

(7) A reference in sections 52, 55(2), 73(4), 77(7), 78(1) and 84(6) to a protected person includes a reference to the guardian of the person in the case of an application for an order made by the guardian of a person on the person's behalf (as referred to in subsection (2)(a1)).