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Last Updated: 1 December 2016
AN ACT TO PROVIDE GREATER PROTECTION FROM DOMESTIC VIOLENCE, TO CLARIFY THE DUTIES OF THE POLICE IN THAT REGARD, TO INTRODUCE DOMESTIC VIOLENCE RESTRAINING ORDERS AND OTHER MEASURES TO PROMOTE THE SAFETY AND WELLBEING OF VICTIMS OF DOMESTIC VIOLENCE AND TO PROMOTE REHABILITATION OF PERPETRATORS OF DOMESTIC VIOLENCE AND FOR RELATED MATTERS
[DV 25] Application by police by telephone25
25
(2) Before applying for an order under this section the police officer must—
- (a)complete the application part of the prescribed form by indicating the grounds on which the order is sought;
- (b)if possible to do so, without causing any unreasonable delay in making the application, transmit a copy of the completed application to the presiding judicial officer by facsimile transmission;
- (c)if the respondent is present at the location from which the police officer is intending to apply for the order by telephone—
- (i)invite the respondent to be present during the telephone application; or
- (ii)if the respondent is in custody, unless there are good reasons not to do so, arrange for the respondent to be present;
- (d)at the commencement of the application by telephone advise the presiding judicial officer whether the respondent is present with the police officer and if present whether the respondent is able to hear all of the telephone call.
(3) Where a presiding judicial officer to whom the application under subsection (1) is made is of the opinion that it is not practical in the circumstances of the case for the police officer to appear before the court to make the application, the application may proceed by telephone.
(4) Where an application proceeds by telephone under this section the proceedings are deemed to be interim proceedings in court before the presiding judicial officer, and—
- (a)the provisions of this Act apply; and
- (b)any order made by the presiding judicial officer has the same effect as an order made in court under this Act.
(5) A judicial officer who makes an order under this section must—
- (a)complete the application part of the prescribed application form unless the judicial officer has before the conclusion of the hearing by telephone received a copy of the application from the police officer by facsimile transmission;
- (b)reduce to writing and include with the prescribed application form any additional information provided by the police officer during the hearing by telephone;
- (c)complete and sign the order on the prescribed form;
- (d)determine the time and place of the next court date being a date—
- (i)within 30 days of the date that the order is made if the court will be sitting during that time at a location sufficiently convenient to the person protected by the order, the police officer and the respondent; or
- (ii)if it is not possible to specify a date within 30 days then the first suitable hearing day after the end of that period;
- (e)record on the order the reasons for making the order and the time and place of the next court date;
- (f)inform the member of the police force, by telephone, of the terms of the order, the reasons for making it and the time at and place of the next court date;
- (g)if the respondent is present with the police officer, speak to the respondent and inform the respondent of the matters set out in paragraph (f) and also explain the effect of the orders to the respondent as required by this Act;
- (h)if reasonably possible to do so, immediately send by facsimile transmission to the police officer, a copy of the application, the written notes of any additional information provided by the police officer during the hearing by telephone, and the order so made; and
- (i)as soon as practical, cause the completed and signed prescribed form, to be forwarded to the clerk of the court for the court file.
(6) A police officer who proceeds with an application under this section must—
- (a)reduce to writing on the prescribed application completed by the police officer any additional information provided by the police officer to the presiding judicial officer during the hearing by telephone;
- (b)on being informed under subsection (5) of the making and terms of the order, complete the relevant order parts of the prescribed form as directed by the presiding judicial officer; and
- (c)place a copy of the application and order if received from the presiding judicial officer by facsimile transmission with the application.
(7) As soon as possible after an order under this section is made, the police officer must—
- (a)cause a copy of the application and the order received by facsimile transmission from the presiding judicial officer, or if not available, then the application completed under subsection (6)(a) and the order completed under subsection (6)(b), to be served on the defendant; and
- (b)unless already explained to the respondent by the presiding judicial officer, cause the effect of the orders to be explained to the respondent having regard to section 18 of this Act;
- (c)cause a copy of the documents referred to in subsection 7(a) to be handed as soon as possible to the person protected by the order;
- (d)forward a copy of the order served to the clerk of the court, for the court file.
(8) An order made under this section is deemed to be a summons to the respondent requiring the respondent to appear before the court at the time and place shown on the order.