An intervention order (including an interim intervention order issued by the police) can include terms prohibiting a defendant from doing certain things in order to protect a victim (or victims) from abuse. An intervention order can also require a defendant to do certain things [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 12].
If a prohibition is imposed, conditions may be included in the order under which the prohibition does not apply.
If a requirement is imposed, the order may include conditions in relation to the requirement.
A firearms term must be included in every intervention order (including an interim intervention order issued by the police). There is only one exception to this rule [see Firearms terms].
Additional orders that can be made are:
An intervention order is ongoing until revoked by the Court, therefore an order cannot contain a term that sets an expiry date or limits how long the order can be.
The defendant may be prohibited from:
A defendant may be ordered to stay away from premises even if they have a legal or equitable interest in the property. The protected person may change door or window locks, even if the premises are rented. If locks are changed on rented premises, the landlord must be given a key (unless the landlord is the defendant) [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 12(5)]. See also Tenancy Orders.
A landlord who has been notified of a prohibition on the defendant from being on rented premises commits an offence if they give the defendant a key or assist or permit them to access the premises [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 32]. The maximum penalty is a $10 000 fine.
See also Principles for intervention..
The defendant may be prohibited from:
Tenancy orders and interventions orders are covered by section 25 of the Intervention Orders (Prevention of Abuse) Act 2009 (SA).
A tenancy order is an order that the defendant will be taken to have given their interest in a tenancy agreement to a specified person or persons (not necessarily the protected person) with the landlord's consent.
Tenancy orders issued by the Court should be distinguished from the process available to victims of domestic abuse to replace an existing residential tenancy agreement on application to the South Australian Civil and Administrative Appeals Tribunal (SACAT). The Court does not require that there be a domestic relationship between the parties so a court ordered tenancy order is more likely to be utilised in non-domestic abuse cases. For details about making an application through SACAT see Intervention Orders and tenancy agreements
The Court may make a tenancy order if:
The Court may only make a tenancy order if the person who will be taking over responsibility for the tenancy agrees to do so. The person who will be responsible for the tenancy must also be able to fulfil the responsibilities of a tenant (for example, they must be able to pay the rent).
Where the landlord is a registered housing co-operative, the person taking over the tenancy must be eligible for membership of the co-operative and willing to accept the responsibilities of membership.
Where the landlord is Housing SA or a subsidiary of Housing SA, the person taking over the tenancy must meet the eligibility requirements of Housing SA.
The landlord does not have to consent to the tenancy order, but the Court will only make a tenancy order if it would be unreasonable for the landlord to withhold consent [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 25(2)]. However, rule 18.21 of the Magistrates Court Criminal Rules 1992 indicates that if an applicant wants a tenancy order, the Court may require that a Notice of Intention to Assign Tenancy (Form 38) be served on the landlord, any existing tenants and the person who proposes to take over the defendant's rights and responsibilities under the tenancy. This informs them of the application for a tenancy order and gives them a chance to be heard.
A copy of the tenancy order must be provided to:
The defendant is still responsible for any liabilities that arose under the tenancy agreement before the date of the tenancy order.
Any bond money paid by the defendant is not paid out to the defendant but stays held as bond money for the new person responsible for the tenancy.
An intervention order (including an interim intervention order issued by the police) must include a firearms term [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 14]. The firearms term must:
The definition of a ‘firearm’ is comprehensive and includes ammunition or any part of a firearm [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 3(1)].
A firearms term must be included in the intervention order even if the defendant uses a firearm in the course of their employment [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 14(1)(b)(iii)].
The only exception to the requirement to include a firearms term is when:
Problem gambling orders are covered by section 24 of the Intervention Orders (Prevention of Abuse) Act 2009 (SA), see also the Problem Gambling Family Protection Orders Act 2004 (SA).
If the Court believes that there is a reasonable likelihood of harm to family members because of problem gambling, then when confirming an interim intervention order/issuing a final intervention order, it may also issue a problem gambling order.
A problem gambling order is in addition to the intervention order and means the defendant is subject to a problem gambling family protection order under the Problem Gambling Family Protection Orders Act 2004 (SA). The Court can make the same kind of orders in a problem gambling order that Consumer and Business Services (CBS), on behalf of the Liquor and Gambling Commissioner, can make when issuing a stand-alone problem gambling family protection order [see Problem Gambling Family Protection Orders Act 2004 (SA) s 5]. For CBS to issue a stand-alone problem gambling family protection order, an eligible person must make a written complaint to CBS about the person's problem gambling and CBS must be satisfied that an order is necessary to protect family members from serious harm [s 4(1)]. Problem gambling family protection orders can require the defendant to attend counselling, or can bar them from attending gaming venues, amongst other things [s 5].
The Act states that where there are issues of substance abuse, problem gambling, other behavioural problems or mental impairment, an intervention order (including an interim intervention order issued by the police) may require the defendant to undergo an assessment to determine a form of intervention program that is appropriate for the defendant and the defendant's eligibility for the services included on the program.
An intervention order issued by the Court (but not the police) may require the defendant to participate in an intervention program in relation to substance abuse, problem gambling, other behavioural problems or mental impairment. Further details about abuse prevention programs are available at the Courts Administration Authority website.
The defendant may be prohibited from:
The defendant may be required:
See also Principles for intervention.
[See Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 15].
A final intervention order is taken to include a term fixing the date after which the defendant may apply for variation (or further variation) or revocation of the order as 12 months after the date of issue or variation of the order.
However, the Court may include a term that specifically states when the defendant can apply for variation or revocation of an order. The date set by the Court must be at least 12 months from the date of issuing the order.
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