South Australian Current Acts

INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Application of Act outside State

   PART 2--Objects of Act

   5.      Objects of Act

   PART 3--Intervention and associated orders

           Division 1--General

   6.      Grounds for issuing intervention order
   7.      Persons for whose protection intervention order may be issued
   8.      Meaning of abuse--domestic and non-domestic
   9.      Priority for certain interventions
   10.     Principles for intervention against abuse
   11.     Ongoing effect of intervention order
   12.     Terms of intervention order--general
   13.     Terms of intervention order--intervention programs
   14.     Terms of intervention order--firearms
   15.     Terms of intervention order--date after which defendant may apply for variation or revocation
   15A.    Declaration that intervention order addresses domestic violence concern
   16.     Inconsistent Family Law Act or State child protection orders
   17.     Explanation for defendant and protected persons

           Division 2--Police orders

   18.     Interim intervention order issued by police
   19.     Revocation of interim intervention order by Commissioner of Police

           Division 3--Court orders

   20.     Application to Court for intervention order
   21.     Preliminary hearing and issue of interim intervention order
   22.     Adjournments
   23.     Determination of application for intervention order
   24.     Problem gambling order
   25.     Tenancy order

           Division 4--Variation or revocation of orders

   26.     Intervention orders
   26A.    Interim variation where application made by police
   27.     Problem gambling orders

           Division 5--Evidentiary matters

   28.     Burden of proof
   28A.    Use of recorded evidence where application made by police
   29.     Special arrangements for evidence and cross-examination

   PART 3A--National recognition of domestic violence orders

           Division 1--Preliminary

   29A.    Interpretation
   29B.    Registered foreign orders
   29C.    Domestic violence concern

           Division 2--National recognition of DVOs

              Subdivision 1--General principles

   29D.    Recognition of DVOs
   29E.    Variations to DVOs
   29F.    Revocation of recognised DVO
   29G.    Recognised DVO prevails over earlier comparable DVOs
   29H.    Making of new orders

              Subdivision 2--Enforcement of recognised DVOs

   29I.    Recognised DVOs and variations are enforceable against defendant
   29J.    Properly notified--meaning
   29K.    Contravention of enforceable recognised DVO

              Subdivision 3--Enforcement of non-local DVOs

   29L.    Non-local DVO to be treated as local DVO
   29M.    Licences, permits and other authorisations
   29N.    Recognition of disqualification to hold firearms licence
   29O.    Orders for costs

           Division 3--Variation and revocation of recognised non-local DVOs

   29P.    Power of Court to vary or revoke recognised non-local DVOs
   29Q.    Application for variation or revocation of recognised non-local DVO
   29R.    Decision about hearing of application

           Division 4--Exchange of information

   29S.    Issuing authorities may obtain DVO information
   29T.    Issuing authorities must provide DVO information
   29U.    Law enforcement agencies may obtain DVO information
   29V.    Information to be provided to law enforcement agencies

           Division 5--Miscellaneous

   29W.    Certificate evidence--notification

           Division 6--Transitional provisions

              Subdivision 1--Preliminary

   29X.    Interpretation
   29Y.    Enforcement of DVOs under other provisions

              Subdivision 2--DVOs to which scheme applies

   29Z.    DVOs made in this jurisdiction
   29ZA.   DVOs made in other jurisdictions

              Subdivision 3--Extension of scheme to older DVOs

   29ZB.   DVOs declared to be recognised DVOs
   29ZC.   DVOs declared to be recognised in other jurisdictions before commencement date

              Subdivision 4--Power to declare DVO to be recognised

   29ZCA.  Interpretation
   29ZD.   Power to declare DVO to be recognised
   29ZE.   Application for order
   29ZF.   Declarations relating to general violence orders

   PART 4--Foreign intervention orders

   30.     Registration of foreign intervention orders

   PART 5--Offences and enforcement

           Division 1--Offences

   31.     Contravention of intervention order
   31A.    Special provisions applying to review or appeal in relation to certain offences against section 31
           32. Landlord not to allow access to excluded defendant
   33.     Publication of report about proceedings or orders

           Division 2--Special police powers

   34.     Powers facilitating service of intervention order
   35.     Powers following service of intervention order
   36.     Power to arrest and detain for contravention of intervention order
   37.     Power to search for weapons and articles required to be surrendered by intervention order

           Division 3--Disclosure of information

   38.     Disclosure to police of information relevant to locating defendant

   PART 6--Miscellaneous

   39.     Delegation by intervention program manager
   40.     Dealing with items surrendered under intervention order
   41.     Evidentiary provision
   42.     Regulations
           SCHEDULE 1--Transitional provisions
           Legislative history