From 25 November 2017, domestic violence orders (DVOs) can be enforced across all states and territories in Australia. If an order was made before 25 November 2017, it must first be declared a national DVO before it can be enforced in all states and territories.
An order which has not been declared a national DVO is only enforceable in the state or territory where it was issued.
Order names
Domestic violence orders or DVOs have different names across Australia. A domestic violence order may be called:
- Protection order
- Apprehended domestic violence order
- Family violence intervention order
- Family violence order
- Intervention order
What is the National Domestic Violence Order Scheme?
The aim of the National Domestic Violence Order Scheme (NDVOS) is to increase protection for victims of domestic and family violence across Australian boarders by providing for a domestic violence order (DVO) issued in one jurisdiction to be automatically recognised and enforceable in any other Australian State or Territory. These orders will be referred to as recognised interstate orders.
NDVOS improves the ability of police to enforce a DVO and increases perpetrator accountability regardless of where the offence takes place and where the order was made.
What doesn’t it cover?
- NDVOS does not introduce consistent domestic and family violence laws. Each State and Territory have domestic and family violence laws unique to that jurisdiction.
- NDVOS will not lead to any standardisation of the conditions which appear on the domestic violence orders of the different jurisdictions, including those which are mandated as standard conditions on their orders.
Legislation
Legislation has been developed and passed by each State and Territory. In Queensland, the relevant legislative amendments are contained in the Domestic and Family Violence Protection and other Legislation Amendment Act 2016.
Key Queensland legislative amendments
In Queensland a recognised interstate order is:
- any DVO made by the court (temporary protection order, protection orders and varied orders)
- police protection notices
- release conditions
An application can be made in any Australian jurisdiction for variation of a nationally recognised order. This means that - subject to certain requirements - Queensland orders can be varied interstate, and interstate orders can be varied in Queensland.
Information sharing across jurisdictions
A national database is used to share domestic violence order information. This database is available to all police agencies and court agencies across Australia that have been permitted access. Processes have been implemented to supply copies of documents as required when applications are made for an interstate order, or a contravention of a recognised interstate order has been made.
What if the victim and perpetrator are in different jurisdictions?
If a breach occurs, police in the jurisdiction where the victim resides will commence an investigation and forward the investigation package to the police in the jurisdiction where the perpetrator is located. Police receiving the investigation package will investigate the alleged offence and apply that jurisdictions domestic and family violence legislation.
In Queensland, if a recognised interstate order is contravened, police may issue proceedings under section 177 of the Domestic and Family Violence Protection Act 2012.
