Domestic and Family Violence Protection (COVID-19 Emergency Response) Regulation 2020

1Short title

This regulation may be cited as the Domestic and Family Violence Protection (COVID-19 Emergency Response) Regulation 2020.

2Commencement

The following provisions are taken to have commenced on 19 March 2020—

(a)sections 6 to 8;

(b)section 10.

3Declaration

This regulation is made under the COVID-19 Emergency Response Act 2020, sections 9 and 17.

4Interpretation

In parts 2 and 4, a reference to the Act is a reference to the Domestic and Family Violence Protection Act 2012.

5Application of part

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.

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.

9Application of part

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 COVID-19 Emergency Response and Other Legislation Amendment Act 2020

(1)This section applies in relation to an application made under section 32 or 86 of the Act during the period—

(a)starting on 4 December 2020; and

(b)ending immediately before the enactment of the COVID-19 Emergency Response and Other Legislation Amendment Act 2020.

(2)To remove any doubt, it is declared that sections 7 and 8 apply, and are taken always to have applied, in relation to the requirement under section 32 or 86 of the Act for the applicant to verify the application.

s 11 sub 2020 Act No. 38 s 18 (retro)

12Expiry

This regulation expires on the COVID-19 legislation expiry day.

s 12 sub 2020 Act No. 38 s 18 (retro)