Domestic and Family Violence Protection Regulation 2023

1Short title

This regulation may be cited as the Domestic and Family Violence Protection Regulation 2023.

2Publication of certain information—Act, s 159

(1)This section provides for the publication of information mentioned in section 159(1) of the Act for section 159(2)(g) of the Act.

(2)The publication of the information is permitted if the information relates to—

(a)a proceeding that relates to a matter in the public domain; or

(b)a proceeding in which the community has a legitimate interest.

(3)For subsection (2)(a), a proceeding relates to a matter in the public domain if—

(a)a domestic violence order was made in the proceeding—

(i)against a person as a respondent; or

(ii)for the benefit of a person as the aggrieved, or a relative or associate of the aggrieved; and

(b)the person has later been convicted of an offence under another Act that was factually related to the domestic violence order.

(4)For subsection (2)(b), the community has a legitimate interest in a proceeding if an incident happens in which—

(a)a respondent in the proceeding causes the death of, or injury to, the aggrieved or a named person in the proceeding and the incident results in the death of the respondent; or

(b)the aggrieved or a named person in the proceeding causes the death of, or injury to, a respondent in the proceeding and the incident results in the death of the aggrieved or the named person.

3Declared interstate orders—Act, s 173

For section 173 of the Act, each of the following orders is declared to be an interstate order—

(a)an apprehended domestic violence order or interim apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW);

(b)a domestic violence order within the meaning of the Domestic and Family Violence Act 2007 (NT), section 4, definition domestic violence order, paragraph (a);

(c)an FVO, interim FVO or PFVO under the Family Violence Act 2004 (Tas);

(d)a protection order or after-hours order under the Family Violence Act 2016 (ACT);

(e)a family violence intervention order or family violence safety notice under the Family Violence Protection Act 2008 (Vic);

(f)an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) that includes a declaration under section 15A of that Act that the order addresses a domestic violence concern;

(g)a family violence restraining order or police order under the Restraining Orders Act 1997 (WA);

(h)a violence restraining order under the Restraining Orders Act 1997 (WA) made before 1 July 2017 that addresses a domestic violence concern within the meaning of the Domestic Violence Orders (National Recognition) Act 2017 (WA), section 9(1).

4Declared registered foreign orders—Act, s 174

For section 174(b) of the Act, a New Zealand order that is also 1 of the following is declared to be a registered foreign order—

(a)an external protection order—

(i)within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), section 94, definition external protection order, paragraph (a); and

(ii)that is registered under that Act;

(b)an external order—

(i)within the meaning of the Domestic and Family Violence Act 2007 (NT), section 4, definition external order, paragraph (a); and

(ii)that is registered under that Act;

(c)an external family violence order under the Family Violence Act 2004 (Tas) that is registered under that Act;

(d)a New Zealand FVO under the Family Violence Act 2016 (ACT) that is registered under that Act;

(e)a corresponding New Zealand order under the Family Violence Protection Act 2008 (Vic) that is registered under that Act;

(f)a foreign intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) that is registered under that Act;

(g)a foreign restraining order under the Restraining Orders Act 1997 (WA) that corresponds with an order under part 1B of that Act and is registered under that Act.

5Registration of New Zealand order—Act, s 176N

For section 176N(6) of the Act, the clerk of the court must register a New Zealand order by entering details of the order in a register kept by the clerk for registering New Zealand orders.

6Repeal

The Domestic and Family Violence Protection Regulation 2012, SL No. 158 is repealed.