Local and interstate intervention orders are recognised and enforceable nation-wide under provisions in the Intervention Orders (Prevention of Abuse) Act 2009 (SA).
Non-local DVOs (interstate orders) may be enforced in South Australia if they have been declared by a court in another jurisdiction as a recognised DVO. Similarly, South Australian orders that have been declared as a recognised DVO can be enforced in other states.
Registration of an intervention order is automatic if the court declares, when the order is made, that it addresses a domestic violence concern [s 15A]. This is to distinguish from other orders made under the Act that address non-domestic concerns. These are currently unable to be recognised and enforced throughout Australia. See Non-domestic abuse intervention orders.
Under section 29P of the Act a court has the power to revoke or vary a recognised non-local (interstate) DVO as if it were a local (South Australian) order.
Where a defendant has been disqualified from holding a firearms licence on a recognised non-local (interstate) DVO the disqualification applies in South Australia. Similarly, if there are any licence or permit suspensions or revocations on an interstate order these will apply in South Australia [ss 29M, 29N].
Foreign orders (e.g. an intervention order issued in New Zealand) may also be recognised Australia wide. In the case of foreign orders registration of the order is required.
If an order is a recognised DVO it can be:
recognised and enforced in any jurisdiction [ss 29D, 29I, 29L]
varied in any jurisdiction [s 29E]
revoked in any jurisdiction [s 29F]
All domestic violence orders issued after commencement of the provisions allowing national recognition will automatically be recognised. However, for those orders issued prior to commencement (i.e. before 25 November 2017) an application to the Magistrates Court for a declaration that the order addresses a domestic violence concern is necessary before it can be recognised and enforced in other states [ss 29ZB – 29ZF]. The application is made on a form 46A [see Courts Administration Authority’s website], unless the person for or against whom protection is sought is a youth. In those circumstances, such applications may be made to the Youth Court.
In an emergency: 000
For police attendance: 131 444
Domestic Violence Crisis Line: 1800 800 098
1800 RESPECT: 1800 737 732.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.