See Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 26.
At any time after the issuing of an intervention order, the police, a protected person or their representative may apply to the Magistrates Court to vary (change) or revoke (cancel) the intervention order [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 26(1)]. If the protected person is under the age of 14, a parent or representative may apply on their behalf [s 26(2)]. The police usually require that the protected person receive counselling before they will assist with an application to revoke (cancel) an order.
If the defendant wishes to apply to have the order varied or revoked, they must wait until the date set in the order [s 26(3). If there is no date in the order, the defendant must wait 12 months before applying for variation or revocation [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 15]. The Court may dismiss the application by the defendant without hearing evidence from the protected person if satisfied that the application is frivolous or vexatious, or if there has been no substantial change in the relevant circumstances since the order was issued or last varied [s 26(4)].
Generally, before varying or revoking an intervention order, the Magistrates Court must allow the police, the defendant and each person protected by the order a reasonable opportunity to be heard on the matter [s 26(5)].
From 2 September 2019 onwards, on an application by a police officer where the police officer requests that the Court make an interim variation pending the final determination of the matter, the Court may hold a preliminary hearing as soon as practicable without summoning the defendant to appear [s 26A].
A police variation application may be made by telephone or other electronic means in accordance with rules unless the Court is not satisfied it would be appropriate [s 26A (2)]. The Court may issue an interim variation of the intervention order, determine the application should be dealt with as per usual under section 26, or dismiss the application [s 26A(3)].
If an interim variation is issued by the Court, the defendant will be required to appear in Court within 8 days (or within 2 days of the Court next sitting at that place) [s 26A(5)] and the application will be finally determined under section 26 [s 26A (8)]. If the interim variation is issued on the basis of an affidavit, the deponent of the affidavit may be required to give oral evidence at the final determination hearing [s 26A(4)].
An intervention cannot be varied by removing a firearms term unless the court is satisfied that the defendant has never been guilty of violent or intimidating conduct and needs a firearm to earn a livelihood [s 26(6)].
A varied order only takes effect if the defendant is present in the Court when the order is made or when otherwise served upon the defendant [ss 26A(7) and 26(7a) ].
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