Justice Legislation Amendment Bill (no 2) 2019
The NSW Parliament has recently passed the Justice Legislation Amendment Bill (No 2) 2019 which amends AVO provisions in the Crimes (Domestic and Personal Violence) Act 2007 (NSW) to alter the default duration of final orders.
Currently, under s 79 of the Act, the court can implement an AVO for a period of time ‘as long as is necessary, in the opinion of the court, to ensure the safety and protection of the protected person’. If the court does not specify a period of time that a final AVO is to operate for, the order will remain in force for 12 months.
The default period for AVO changed
Under the new provision, while the court retains the ability to order an AVO for as long as it considers necessary, the default period is extended to 2 years. This means that if a court does not specify a time period for a final AVO, it will apply for 2 years from the date on which it is made. However, if the person against who the order is made is under 18 at the time the order is made, then the order will remain for 12 months.
New AVO considerations
The new provision also provides more guidance on the matters that the court can consider when deciding on a period of time. When forming the opinion as to the time period for the AVO, the court must consider:
- the circumstances of the protected person and that person’s views
- the circumstances of the defendant
- if the defendant was under 18 years of age when the application for the order was first made, the impact of the order if the duration of the order were to be more than the default period
- any material that the court relied on in deciding to make an apprehended domestic violence order
- any other matter that the court considers to be relevant
The new provision also provides that when making a decision about the duration of an AVO, the court may consider that domestic violence extends beyond physical violence and may involve the exploitation of power imbalances and patterns of abuse over many years.
These changes do not affect the ability of the court to vary or revoke the AVO.
Key Takeaways
- The NSW Parliament passed the Justice Legislation Amendment Bill (No 2) 2019, modifying AVO provisions in the Crimes (Domestic and Personal Violence) Act 2007.
- The amendment changes the default duration of final AVOs to two years, except for orders against individuals under 18, which remain at 12 months.
- Courts must now consider several factors when determining the duration of an AVO, including the protected person's circumstances and views, the defendant's circumstances, and the nature of the domestic violence involved.
- These changes aim to provide clearer guidance on AVO durations and the factors influencing court decisions.
We can help
If you have required assistance with an AVO, you can contact the team at Hamilton Janke Lawyers 24/7 by calling 4038 1666.
Written By
James Janke
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
