Glossary
adjournment: Putting off a court hearing until a later date.
applicant - The person who is applying for an AVO (another word for complainant).
AVO: An Apprehended Violence Order (AVO) is a court order which prohibits a person from behaviour such as harassing or intimidating another person. The order itself does not give a criminal record. However the breach of an AVO is a criminal offence and the police may arrest and charge a person who breaches an order.
The purpose of an AVO is to protect a person against acts of violence such as physical assault, non-physical abuse such as harassment or intimidation, or damage or threatened damage to property. The victim does not have to be living with the person who abuses them. There are two types of AVOs, domestic and personal.
In these Guidelines the abbreviation AVO is used for domestic apprehended violence order. Where a distinction needs to be made between domestic and personal apprehended violence orders the abbreviations ADVO and APVO are used respectively.
ADVOs: Apprehended Domestic Violence Orders (ADVO) are made when a domestic relationship exists between the victim (complainant) and the abuser (defendant).
APVOs: Apprehended Personal Violence Orders (APVO) are made to protect a person from an abuser (defendant) when there is no domestic relationship which links the two people, for example, neighbours or work colleagues.
bail: This allows a person to be released from custody. The person has to promise to come back to court on the specified date and in the meantime, to obey certain conditions. The police or court may require the person or a friend of the person to deposit money which they can get back when the person on bail turns up at court.
barrister: A lawyer who specialises in representing people in court.
balance of probabilities: This is the level of proof required in all civil matters, including AVO matters. It means the offence is more likely than not to have happened.
beyond reasonable doubt: This is the level of proof required in all criminal matters. It means that there is no reasonable doubt in the decision makers mind, that the offence happened.
Chamber Magistrate: A person who is available at the Local Court to give free legal information and assistance in completing documents and forms.
charge: the crime or ‘allegation’ that the person is accused of committing.
Charter of Victims Rights: The Charter of Victims Rights protects the rights of victims and ensures that they receive proper care by Government services such as Police, courts, health services and the Department of Public Prosecutions.
children and young people: In the Children and Young Persons (Care and Protection) Act 1998 a child is a person who is under the age of 16 years and a young person is a person who is aged 16 years or above but who is under the age of 18 years.
In the Commission for Children and Young People Act, the Prohibited Employment Act and the Ombudsman Act a child is a person under the age of 18 years.
Children and Young Persons (Care and Protection) Act 1998 : The Children and Young Persons (Care and Protection) Act 1998 replaces the Children (Care and Protection) Act 1987. It was passed by the NSW Parliament in 1998 and is progressively coming into effect during 2000, 2001,2002 and 2003.
The objects of the act are to provide:
(a) that children and young persons receive such care and protection as is necessary for their safety, welfare and well-being, taking into account the rights, powers and duties of their parents or other persons responsible for them, and
(b) that all institutions, services and facilities responsible for the care and protection of children and young persons provide an environment for them that is free of violence and exploitation and provide services that foster their health, developmental needs, spirituality, self-respect and dignity, and
(c) that appropriate assistance is rendered to parents and other persons responsible for children and young persons in the performance of their child-rearing responsibilities in order to promote a safe and nurturing environment.
CLC: Community Legal Centres (CLCs) provide free advice to help people sort out their legal problems, and are often a useful first contact point if a person has a legal difficulty. CLCs not only give legal advice, but also work to change laws when they are unfair or unjust, and undertake community education to help people in the community understand their legal rights and responsibilities.
complainant: The person who is complaining to the court ie the person who takes out the AVO (usually the woman or the police).
committal proceedings: Before a District Court or Supreme Court trial, a Local Court Magistrate will hold a preliminary hearing to decide whether or not there is enough evidence to send the accused person to a higher court. This is called a committal hearing. If the Magistrate finds that on the basis of all the evidence there is a reasonable prospect that a jury would convict the person of an indictable offence the person is committed for trial in either the District Court or the Supreme Court.
COPS: Computerised Operational Policing System - computer system used by the NSW Police.
court system: There are a number of different types of courts, in Australia, which have different functions and procedures. The Local Court in NSW is just one of these types. Some courts are specialist courts, and only hear matters relating to particular areas of the law (e.g. the Family Court). Other courts hear a whole range of civil and criminal matters.
Some courts are State courts and some are Federal courts. This distinction can affect the kind of cases that can be heard in each court. Federal courts are established by the Commonwealth Parliament and exercise jurisdiction under laws passed by that Parliament. Courts established by the State of NSW exercise jurisdiction under laws passed by both the NSW Parliament and the Commonwealth Parliament.
There is also a court hierarchy. This means that some courts have more authority than others. The vast majority of cases are heard in the Local Courts, with more serious matters being heard by the District Court and the Supreme Court. Appeals can be made from lower to higher courts.
cross application: Where applications are made by two parties against each other so that the defendant in one matter is the applicant in the other.
cross-examine: After a witness tells his or her story, the other side has the opportunity to ask the witness questions about that story.
Crown prosecutor: a barrister who prosecutes serious matters in the District and Supreme Courts on behalf of the State.
de facto: Living together as husband and wife, but not legally married.
defendant: The person whom the complainant is complaining about (usually the man). In AVOs the person against whom the AVO is to be made. In criminal matters like assault, the defendant is the person who is charged with committing an offence. In civil matters the defendant is the person who has to answer the claims made by the other party.
DVLO: Domestic Violence Liaison Officers (DVLOs) support the work of the NSW Police Local Area Command (LAC) by providing vital linkages with community issues and concerns, information and intelligence, while forming partnerships for victim support and follow-up. In addition, DVLOs provide consultancy to other police officers in the form of support, advice and training. The DVLO plays an important part in monitoring the effectiveness of the LAC response to domestic violence.
ex parte: The case is heard without the defendant being present.
Family Law Act: The Family Law Act covers divorce, property division and spouse maintenance for married people. It also deals with all issues concerning where children will live and who has responsibility for the continued care, welfare and development if the parents are separated.
The Family Law Act covers parents who are or were married, in a de facto relationship, gay and lesbian couples and parents who had no relationship. Children’s maintenance is dealt with by the Family Court but only in limited circumstances.
final order: The AVO is granted by the court on a final basis.
hearing(1): If the defendant refuses to consent to an order being made against him at the mention, then a hearing must be held where the Magistrate will decide on the facts of the case. Normally this will consist of both sides giving evidence and the Magistrate deciding whether the circumstances warrant the making of an order.
hearing(2): The day at court when the applicant and the defendant give evidence before the Magistrate. Both sides give their evidence, along with their witnesses. The Magistrate then has to decide whether to make an AVO or not.
injunction: An order which prohibits or restricts certain behaviour.
interim order: An order for an AVO that is temporary. It still tells the man what he is not to do. If he breaks the order after he has been served with it, he still suffers the same penalty as if it were a final order.
Indictable offences: More serious crimes such as arson, perjury, murder and manslaughter are called indictable offences and, with some exceptions, are tried in the District Court or the Supreme Court.
Some indictable offences are heard in the Local Court, unless the prosecutor or the accused elects to have the matter heard in the District Court. Some other indictable offences will be heard in the Local Court unless the prosecutor elects to have the matter heard in the District Court (for these types of indictable offences the accused has no say as to which court will be used).
The full list of indictable offences that can be dealt with by the Local Court can be found in Part 9A of the Criminal Procedure Act 1986.
JIRT: The Joint Investigation Response Team (JIRT) is a joint DoCS, NSW Police and NSW Health team that assesses and investigates serious child abuse where a criminal offence may have occurred. A joint investigation by DoCS and NSW Police links the risk assessment and protective interventions of DoCS with the criminal investigation of the NSW Police and the prosecution systems of the DPP. NSW Health provides medical examination, crisis counselling and intervention services.
KIDS:– all reports made to DoCS are entered upon the Key Information Directory Service with codes that represent the reported issues.
LAC (1): The Legal Aid Commission (LAC) is a body funded by the State to provide legal assistance for matters arising under New South Wales law ('State law'). The Commission has entered into an arrangement with the Commonwealth to provide legal assistance for matters arising under Commonwealth law.
LAC (2): NSW Police Local Area Command.
lawyer: The term 'lawyer' refers to both solicitors and barristers. Solicitors are the lawyers people deal with most. They work in offices and undertake a range of legal work including preparing wills, contracts and deeds, and doing conveyancing work. Solicitors can appear in court to represent a client, but in complex cases they usually advise their clients to brief a barrister. Barristers are courtroom specialists, usually with expertise in a specific area of the law.
legal advocacy: To speak, support or urge on behalf of a person or a group in a legal capacity.
legal representation: Acting/standing for another in court (may be done by legal professional, police prosecutor or another person).
Local Court: In NSW the Local Court handles both criminal and civil matters. The Local Court deals with civil cases where the amount of money claimed is less than $40,000. Cases involving amounts in excess of $40,000 are heard in the District Court or the Supreme Court. Magistrates decide cases in the Local Court. Juries are not used in the Local Court. The Local Court deals with AVOs.
Magistrate: The person who makes decisions in the Local Court.
mention: At a mention the court will not hear the facts. It is a date when both sides come to the court to sort out what is going to happen, and when certain applications may be made to the Magistrate. The first court appearance is always a mention.
ODPP: Abbreviation or short name for the Office of the Director of Public Prosecutions.
order: A decision made by a court. The person who receives an order must obey it.
Part 15A of the Crimes Act 1900: The law regarding Apprehended Violence Orders (AV0s) is contained in Part 15A of the Crimes Act 1900 (NSW). In April 2000, amendments to Part 15A made significant changes in relation to AV0s. There is now a distinction between orders sought in relation to domestic violence (ADVOS) and orders sought in relation to personal violence (APV0s).
Police prosecutor: the Police prosecutor prosecutes less serious matters in the Local Court, while ODPP Crown prosecutors and lawyers prosecute the serious matters in the Local, District and Supreme Courts.
registered migration agent: A person who is registered by the Migration Agents Registration Authority to give advice about migration issues.
report: Information provided to the Department of Community Services by a person who forms the belief on reasonable grounds that there are current concerns for a child, young person or a class of children due to risk of harm from abuse or neglect. Report has replaced the term notify.
reporting: The act of making a report to the Department of Community Services. Reporting has replaced the term notifying.
respondent: The person responding to a complaint (another word for defendant)
revocation: An order which is revoked or cancelled.
risk of harm: Risk of harm refers to the likelihood that a child or young person may suffer physical, psychological or emotional harm as a result of what is done (physical, sexual or psychological abuse) or not done (neglect) by another person, often an adult responsible for their care. Risk of harm can also refer to young people who may suffer physical, psychological, sexual or emotional harm as a result of environmental factors (for example homelessness), or self-harming behaviours. DoCS is required to make judgements about the risk of harm to a child or young person from child abuse or neglect. This requires a consideration of the likely degree of harm taking into account the age and vulnerability of the child or young person. Practitioners and agencies should know if they are mandated reporters and under what circumstances they should report their concerns about a child or young person to DoCS.
service: Delivery of a legal document to party, a witness or the defendant in a legal case.
solicitor: The lawyer who provides legal advice and may represent a client at court.
summons: A document from the court which tells a person to attend court at a certain time and place.
subpoena: A court order to make a witness come to court to give evidence or to request access to documents.
summary offences: The Local Court deals with many common crimes such as assault, certain drug offences and matters relating to the driving of motor vehicles. These crimes are known as summary offences. In these matters the Magistrate decides whether the defendant is guilty or not guilty. The Magistrate also decides the punishment for the defendant found guilty.
telephone interim order (TIO): An interim or temporary AVO made by the police when the court is not sitting. It lasts up to fourteen days.
TIO: See telephone interim order
undertaking: A promise you make to the court about what you will do/no do in the future. Undertakings are not legally enforceable; the police cannot be called to deal with the breach of an undertaking.
vexatious: Instituted without sufficient grounds, and serving only to cause annoyance.
victim impact statement: This is a report prepared by the victim, a counsellor or psychiatrist about the impact of a crime on the victim.
warrant: A document from a Magistrate which requires the police to arrest a person and bring them before the court.
withdraw application: When a complainant decides they do not want to go ahead with an AVO application, they are obliged to withdraw the application before the court.
witness: A person who gives evidence in court.
Witness Assistance Service (WAS): The Witness Assistance Service is part of the Office of the Director of Public Prosecutions. WAS can assist victims and witnesses in matters which are prosecuted by the ODPP. There is a WAS officer in each ODPP office. They provide infrmation, assessment, referral, court preparation and support, crisis counselling, debriefing and post court follow-up.
WDVCAS: Women's Domestic Violence Court Assistance Schemes.
The NSW Women's Domestic Violence Court Assistance Program is funded by the New South Wales Government. It is managed by the Legal Aid Commission and comprises 33 Court Assistance Schemes across the State as well as a Training and Resource Unit based at the Domestic Violence Advocacy Service.
The court assistance schemes provide women and their children with support, advocacy, referral and information and facilitates their access to appropriate legal representation so that women can use the justice system to obtain protection orders prohibiting the perpetrator from assaulting, intimidating or harassing the victim again and end the domestic violence they have been experiencing.
WDVCAP: Women's Domestic Violence Court Assistance Program. The program that funds Women's Domestic Violence Court Assistance Schemes..
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