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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 98ZO
Decision about hearing of application
98ZO Decision about hearing of application
(1) A court that deals with an application for variation or revocation of a
non-local DVO may decide to hear the application or decline to hear the
application.
(2) In making that decision, the court may consider the
following matters (to the extent relevant)-- (a) the jurisdiction in which the
defendant and the protected person or persons under the DVO generally reside
or are employed,
(b) any difficulty the respondent to the proceedings may
have in attending the proceedings,
(c) whether there is sufficient
information available to the court in relation to the DVO and the basis on
which it was made,
(d) whether any proceedings are being taken in respect of
an alleged contravention of the DVO and the jurisdiction in which those
proceedings are being taken,
(e) the practicality of the applicant (if not
the defendant under the DVO) applying for and obtaining a local DVO against
the defendant with similar prohibitions or restrictions,
(f) the impact of
the application on children who are protected persons under the DVO,
(g) any
other matters the court considers relevant.
(3) Without limiting the court's
power to decline to hear an application, the court may decline to hear the
application if the court is satisfied that there has been no material change
in the circumstances on which the making of the order was based and that the
application is in the nature of an appeal against the order.
(4) For the
purpose of exercising its functions under this Division, a court may have
regard to any information that the court considers relevant about the making
or variation of a DVO that is provided by an issuing authority of any other
jurisdiction. Note : Division 4 enables the court to obtain information about
DVOs from other jurisdictions.
(5) A court must refuse to hear an application
for variation or revocation made by the defendant during any period in which,
under the law of the issuing jurisdiction for the DVO, the defendant is not
entitled to apply for the variation or revocation of the DVO in the issuing
jurisdiction.
(6) In this section, the
"respondent" to an application for variation or revocation of a DVO means--
(a) in the case of an application made by the defendant under the recognised
DVO, the protected person or persons under the recognised DVO, and
(b) in any
other case, the defendant under the recognised DVO.
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