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Where am I now? Lawlink > Law Reform Commission > Publications > Discussion Paper 45 (2002) - Apprehended Violence Orders: Part 15A of the Crimes Act

Discussion Paper 45 (2002) - Apprehended Violence Orders: Part 15A of the Crimes Act


Contents

Terms of reference
Participants
Submissions
List of issues

1. INTRODUCTION
TERMINOLOGY
THE CURRENT LAW
THE COMMISSION’S REVIEW

    The Commission’s approach
    Major issues canvassed
    Inherent difficulties in the review of AVOs
    Preliminary consultations
    Our need for feedback

2. HISTORY OF AVOS
LEGISLATIVE HISTORY
    The situation before AVOs
    The Crimes (Domestic Violence) Amendment Act 1982
    Amendments since 1982
    Expansion beyond domestic relationships
    1993 to 1996
MOST RECENT CHANGES
    Crimes Amendment (Apprehended Violence) Act 1999 (NSW)
OTHER LAWS AFFECTING AVOS
    Bail
    Firearms
    Family law
PREVIOUS REVIEWS
    Bureau of Crime Statistics and Research evaluation
    Survey of Magistrates
    Model Domestic Violence Laws
    Criminal Law Review Division Review

3. POLICY OBJECTIVES
OBJECTIVES OF AVOS
SHOULD THE OBJECTS BE EXTENDED?

4. ASSESSING THE OBJECTIVES
DIFFICULTIES IN DETERMINING VALIDITY
EFFECTIVENESS OF PROTECTION ORDERS

    General views
    Effectiveness studies
FACTORS INFLUENCING EFFECTIVENESS

5. ABUSE OF AVOS
ADVOS IN THE CONTEXT OF FAMILY LAW PROCEEDINGS

    The Family Court’s approach to family violence
    The interaction between ADVOs and contact orders
    Abuse of ADVOs
“FRIVOLOUS” USE OF APVOS
    The discretion to refuse to issue process in APVO matters
    Costs
    Other measures

6. STRUCTURE OF PART 15A
SEPARATE AVO LEGISLATION?
SEPARATE DOMESTIC VIOLENCE LEGISLATION?

7. DEFINITIONAL ISSUES
PERSONAL AND DOMESTIC VIOLENCE
DOMESTIC RELATIONSHIP

8. APPLYING FOR AN AVO
HOW DOES A PERSON APPLY FOR AN AVO?
WHAT HAPPENS IN COURT WHEN A PERSON APPLIES FOR AN AVO?

    Court must explain consequences of an AVO
WHAT IF IT’S AN EMERGENCY?
POLICE APPLICATIONS
WHAT IF THE PERSON SEEKING PROTECTION WANTS TO WITHDRAW THE APPLICATION?

9. AVOS AND VULNERABLE GROUPS
IMPACT ON VULNERABLE GROUPS

    Indigenous people
    People from non-English speaking backgrounds
    People in rural and remote areas
    People with a disability
    Older people
    Children and young people

10. GRANTING AN AVO
TYPES OF AVOS
    Interim orders
    Telephone interim orders
    Final orders
    Orders made by consent
    Ex parte orders
    Standard orders
ISSUING AN AVO
    When must the court make an AVO?
    When can the court choose whether or not to make an AVO?

11. CONSEQUENCES OF AN AVO
WHAT HAPPENS AFTER THE COURT MAKES AN AVO?
    Consequences for the applicant
    Consequences for the defendant
WHAT IF THE DEFENDANT BREACHES THE AVO?
    Consequences for the applicant
    Consequences for the defendant
WHAT HAPPENS IF THE APPLICANT CONTRIBUTES TO THE BREACH?
    Consent as a defence

12. MISCELLANEOUS ISSUES
CROSS APPLICATIONS
MULTIPLE APPLICATIONS
VARIATION AND REVOCATION
THE APPEALS PROCESS

13. STALKING AND INTIMIDATION
INCIDENCE OF STALKING AND INTIMIDATION
ELEMENTS OF THE OFFENCE

    Actus reus – what type of behaviour is covered?
    Mens rea – the intention to cause fear of harm
    Defences and exclusions
HARASSMENT CAUSING DISTRESS OR DETRIMENT

APPENDIX A
BIBLIOGRAPHY



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