TABLE OF CONTENTS
Terms of reference
Participants
Recommendations
1. Introduction
TERMS OF REFERENCE
TERMINOLOGY
OVERVIEW OF AVO LAW AND PRACTICE
BACKGROUND
Legislative history
Other laws affecting AVOs
THE COMMISSION’S REVIEW
Discussion Paper 45
Consultations
GENERAL THEMES IN CONSULTATIONS AND SUBMISSIONS
STRUCTURE OF THIS REPORT
2. Policy issues
LOCATION OF AVO PROVISIONS
Separate AVO legislation?
Views in submissions and consultations
Separate domestic violence legislation
The Commission’s view
POLICY OBJECTIVES OF PART 15A
Objectives applicable to ADVOs
Views in submissions and consultations
THE COMMISSION’S VIEW
Policy objectives specifically for ADVOs
Policy objectives for APVOs
3. Implementation issues
POLICE ATTITUDES AND PRACTICES
The role of the police
Views in submissions
Views held by the police
The Commission’s view
ATTITUDES AND PRACTICES OF MAGISTRATES, COURT STAFF AND LAWYERS
Views in submissions
The Commission’s views
COMMUNITY ATTITUDES
Views in submissions concerning barriers to access
The Commission’s views
Abuse of AVOs
The Commission’s views
ASPECTS OF THE COURT PROCESS
4. Definitional issues
DEFINITION OF DOMESTIC VIOLENCE
“Domestic violence”
The Commission’s views
DEFINITION OF PERSONAL VIOLENCE
“Personal Violence”
The Commission’s views
DEFINITION OF DOMESTIC RELATIONSHIP
“Domestic Relationship”
The Commission’s views
5. APVOs and mediation
DISCRETION TO REFUSE TO ISSUE PROCESS
Current provisions
Views in submissions
View of Local Courts
The Commission’s view
THE ROLE OF MEDIATION IN APVO MATTERS
Views in submissions
The Commission’s view
6. Parties to AVO proceedings
APPLICATIONS BY THIRD PARTIES
Views in submissions
The Commission’s views
People with an intellectual disability
The Commission’s views
Children
The Commission’s views
POLICE APPLICATIONS
Is there a preference for police applications?
Police discretion in relation to ADVOs
Police and APVOs
The Commission’s views
7. Types of orders
TELEPHONE INTERIM ORDERS
Effectiveness of TIOs
Duration
TIOs and property
The Commission’s views
INTERIM ORDERS
Grounds for interim orders
The Commission’s views
Procedure
The duration of an interim order
Who should be able to issue interim AVOs?
The Commission’s views
FINAL ORDERS
Adequacy of the default duration
Grounds
Orders by consent
The Commission’s views
ANCILLARY PROPERTY RECOVERY ORDERS
8. Content of orders
FACTORS TO BE CONSIDERED WHEN MAKING AN AVO
Other jurisdictions
Views in submissions
The Commission’s views
STANDARD ORDERS
Statutory orders
The Commission’s view
Other orders
Views in submissions
The Commission’s views
9. Variation, revocation and withdrawal of orders
VARIATION OR REVOCATION OF ORDERS
Views in submissions
Who can seek variation or revocation?
The Commission’s views
WITHDRAWAL FROM PROCEEDINGS
Reasons for withdrawal: views in submissions
Views on possible changes to the withdrawal process
Should police be able to proceed against the wishes of the applicant?
The Commission’s views
10. Consequences of granting and breaching an AVO
FIREARMS LICENCE
BREACH OF AN AVO
Views in submissions
The Commission’s views
11. Procedural issues
CROSS APPLICATIONS
Views in submissions
The Commission’s views
SUBSEQUENT APPLICATIONS
Views in submissions
The Commission’s views
EVIDENCE
Sworn complaint instead of affidavit
Children’s evidence
The Commission’s views
SERVICE OF AN AVO
Views in submissions
The Commission’s views
APPEALS
Local court review
District Court Appeals
Presumption against stay of operation of the order
Appeals against costs
Views in submissions
The Commission’s views
12. Stalking and intimidation
BACKGROUND
CURRENT LAW
New South Wales
Other jurisdictions
VIEWS ON EFFECTIVENESS
Appendices
Appendix A: Submissions
Appendix B: Orders
Index
