This regulation may be cited as the Domestic and Family Violence Protection (COVID-19 Emergency Response) Regulation 2020.
The following provisions are taken to have commenced on 19 March 2020—(a)sections 6 to 8;(b)section 10.
This regulation is made under the COVID-19 Emergency Response Act 2020, sections 9 and 17.
In parts 2 and 4, a reference to the Act is a reference to the Domestic and Family Violence Protection Act 2012.
Part 2 Modification of Domestic and Family Violence Protection Act 2012
This part modifies the Domestic and Family Violence Protection Act 2012.
6Use of audio visual links or audio links for particular proceedings
(1)This section applies in relation to a proceeding under the Act before a Magistrates Court.(2)The Magistrates Court may conduct all or part of the proceeding by the use of audio visual links or audio links.(3)Without limiting subsection (2), the Magistrates Court may enable a person to do any of the following by audio visual link or audio link—(a)appear before the Magistrates Court;(b)give evidence or make a submission to the Magistrates Court;(c)take an oath or make an affirmation.(4)If all or part of a proceeding is conducted by the use of audio visual links or audio links, a person who appears before the Magistrates Court for the proceeding is taken to be present before the Magistrates Court.
7Modification of verification of protection order applications—Act, s 32
A requirement under section 32(2)(d) of the Act for an applicant who is not a police officer to verify by statutory declaration an application for a protection order is taken to be satisfied if the applicant informs a magistrate that the application is true and correct.s 7 exp 3 December 2020 (see s 13(2))
8Modification of verification of variation of domestic violence order applications—Act, s 86
A requirement under section 86(2)(d) of the Act for an applicant who is not a police officer to verify by statutory declaration an application for a variation of a domestic violence order is taken to be satisfied if the applicant informs a magistrate that the application is true and correct.s 8 exp 3 December 2020 (see s 13(2))
Part 3 Modification of Domestic and Family Violence Protection Rules 2014
This part modifies the Domestic and Family Violence Protection Rules 2014.
10Modification of filing requirements
(1)The Domestic and Family Violence Protection Rules 2014, rule 9(1) is taken to permit a document in a proceeding to be filed by sending the document to the registry by email under subsection (2).(2)For subsection (1), a person files a document by email if the document is sent by email to the registry and the person receives an electronic message from the registry that the email was received.
11Transitional provision for Act, s 32
(1)This section applies if—(a)after the commencement but before 4 December 2020 an application is made under section 32 of the Act as modified by section 7; and(b)on 4 December the application has not been verified by the applicant under section 32 of the Act as modified by section 7.(2)Despite the expiry of section 7, during the period starting on 4 December and ending on 31 December 2020 the applicant may verify the application in accordance with section 7.(3)An application verified under subsection (2) is taken to have been verified in accordance with section 32(2)(d) of the Act as modified by section 7.
12Transitional provision for Act, s 86
(1)This section applies if—(a)after the commencement but before 4 December 2020 an application is made under section 86 of the Act as modified by section 8; and(b)on 4 December the application has not been verified by the applicant under section 86 of the Act as modified by section 8.(2)Despite the expiry of section 8, during the period starting on 4 December and ending on 31 December 2020 the applicant may verify the application in accordance with section 8.(3)An application verified under subsection (2) is taken to have been verified in accordance with section 86(2)(d) of the Act as modified by section 8.
(1)This regulation, other than sections 7 and 8, expires on 31 December 2020.(2)Sections 7 and 8 expire on 3 December 2020.