: Last Revised: Fri Dec 7th 2018 The content of the Law Handbook is made available as a public service for information purposes only and … The Legal Services Commission provides free advice for most legal problems. *�3� Any person (including a child) against whom it is suspected the defendant will commit an act of abuse may be protected by an intervention order. 3529 0 obj <>stream South Australia. An Act to provide for intervention orders and associated problem gambling and tenancy orders in cases of domestic and non‑domestic abuse; and for other purposes. 䍦`y�`6i ���E��(RUCޑ7��'9P{�! An Act to provide for intervention orders and associated problem gambling and tenancy orders in cases of domestic and non-domestic abuse; to make related amendments to the. %%EOF h޼Q�+DQ�ޯ���y�1^�ӯ2[+��&E,Ȃ %2�B�NS(��YPc�GlXP�v��Y3��ec39wF�|�;����޳��H.Ȁc N�� �Ne���.�ep4M�5n��H�M�1�Ya��&/U�BS4��5�&�����5�p�I��)���+�������QOXlO��j���s,�����ױݐ It is limited to an examination of frivolous and vexatious apprehended personal violence orders … %PDF-1.5 %���� (1) A person who contravenes a term of an intervention order imposed under section 13 is guilty of an offence. %%EOF h�bbd``b`qk����< $�y@���lk=�%b� ��@,I q������d �(A!����� r� (2) A foreign restraining order registered under the Summary Procedure Act 1921 immediately before the commencement of this clause and declared by the regulations to be an order to which this subclause applies continues in force as if it were a foreign intervention order registered under this Act. Contact the Legal 76kb. Contents. Intervention Orders (Prevention of Abuse) Act 2009. h�bbd``b`Q���+��V�A���)�X �&�XsA��$n�001�� ��8J���� �q @B~D��^ 2�BA$ӹ���6K�֐/� �#��P� Z�քQ��)� If you are a party to an intervention order it is important to obtain advice as to how intervention orders operate with Family Law Act orders and how they may affect any Family Court proceedings. Intervention Orders (Prevention of Abuse) Act 2009. endstream endobj startxref However, before arresting the person the police officer must first require the person to remain at a particular place for so long as may be necessary for the order to be prepared and/or served. In order for an intervention order to be issued there must be a reasonable suspicion that the defendant will commit an act of abuse against the victim. Intervention orders are governed by South Australian legislation, the Intervention Orders (Prevention of Abuse) Act 2009 (SA). The main legislation dealing with Intervention Orders in South Australia is the Intervention Orders (Prevention of Abuse) Act 2009. The police, anyone who has suffered from abuse or their representative, or a child who may hear or witness abuse may apply to the Magistrates Court for an intervention order. 1814 0 obj <>/Filter/FlateDecode/ID[<4BB4D8B3B6165748BCDC62F88B1A6690>]/Index[1801 101]/Info 1800 0 R/Length 75/Prev 191889/Root 1802 0 R/Size 1902/Type/XRef/W[1 2 1]>>stream ]].����m��W�w�*�n�W�z3�!���q��g������|}1_]���WOW�y��l�ٶ��� 9�m���s��N*�ܬ�7��&�ꑑ�����ѱ��,�� Version Format; Current: Authorised PDF. INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009 - SECT 26 26—Intervention orders (1) The Court may vary or revoke an intervention order on application by— (a) a police officer; or South Australia . Published under the Legislation Revision and Publication Act 20021. If an intervention order is inconsistent with a Family Law Act order, the Family Law Act orders will override the intervention order. 0 3449 0 obj <> endobj "Intervention orders give victims little peace of mind – it needs to be more than a piece of paper. Legislation repealed by principal Act. The person you fear (known as the defendant) must obey the order made by the court. Intervention Orders (Prevention of Abuse) Act 2009. Maximum penalty: $10 000 or imprisonment for 2 years. \�.T�:�pud�ټ�7F�y�,0��$�� 8�����%�C�R�[l�9�������7�k@�C"�ԒI���=i'��z��#}%�ķN�8d�!��WZ~?$־`��Wp�m��X� 8�χ���4�+:4�߾�ɰO�;�_��m��te���f'�b�~ ���`�G��ވ^s����0.���z���S�~�6�_�������J{ ��E�u{�^AǯOr�q�����0���̼Ƙ>0�J���'S/l�ԫ��ՓW\��2����Y/����ؑ��a�?��Ž�vK"}��m��3ͥ��M��\7N~~���F��ܛg`o��%��߰��Q8���v�禿r��j94GB~�I���v��v������|4�%�t��v�8���C�yg�������N&�)}�i���쟯��|����|����zŶ5�\�����|u�|d������s�=&�M��/�7�������E����/�"���>E���=:;�̗�U �/��y�^m׋�E�9��~[?=8� �Y����p8�ρc��>z����߯������Ӷ���W�m��GW���M;�w�����4�����W)'i��r;p��}:����l�m��ͧ��f�n�,��7��݂��]�Iն�y� Է��Nd'��e�I(Λ��ͭ����j�,�qr���{��q}ݾߵ*Խ�뚎1������z1��������~�We���3~F��Y�Y�T�m~AE蒊�_:�Q�~e�:Z٢��_�t��Nu�1 �xUY��:F�udYLj�/%wa����ٲ�N�v�,��t����)�H���]3�e�G:������h.�+� ��$ �_��[����}r������d`�{� x�@:��iR� �Y@�����i �����d��@�` Nzo If the person is under the age of 14, a parent or representative may apply on their behalf. 2 What is an intervention order? An intervention order prohibits a person (the defendant) from behaving in a particular manner towards a protected person/s. upon whom they have reason to believe they need to effect service of an intervention order [see Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 34]. C[)T|+!����,e��5�h����_*�AԀ�=D����S��ڠY�7�O�H��C3L�4�[�8$�ls� i]lo��f��tlo=X!��4�9^���\|B(J� � �����`��-�lYf�2[VٲʖU���e�-�lYe�*[Vٲʖu���e�-�lYg�:[�ٲΖu���e�-�l�d�&[6��ٗ_Ξv��fG'�|B���r�֛̎�f3{[�'O��),�ٷ����y{�%#w�x]`�bS�WZ��{6;i7����zӬ�J�N�ߵ��b��O���j�n�e � 1801 0 obj <> endobj There a two types of intervention orders that can be ordered in the Magistrates' Court. This means, wherever your order is issued, it will apply in all states and territories so that you are protected wherever you may be in Australia. The main legislation dealing with Intervention Orders in South Australia is the Intervention Orders (Prevention of Abuse) Act 2009. Intervention Orders (Prevention of Abuse) Regulations 2011 under the Intervention Orders (Prevention of Abuse) Act 2009. In addition to acting as a restraint on the behaviour of the defendant, they can also direct the defendant to comply with certain directions. They are usually granted to protect people from domestic or family abuse. A Magistrates Court can issue intervention orders or vary, confirm or revoke orders to restrict the behaviour and actions of a particular person. A court may, on finding a person guilty or sentencing them, issue an intervention order as if a complaint or application had been made under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) [ Sentencing Act 2017 (SA) s 28]. Maximum penalty: $1 250. South Australia The Intervention Orders (Prevention of Abuse) Act 2009 (Act No.85/2009) was passed on 10 December 2009 and commenced on 9 December 2011. 3 Interpretation South Australia. w�H�ZT �9S�+�SC�fA�)6"�_�����H ���b'߅"�Q�Q��İ�d�Kfu؍C�2�C�TK�I��F�G���1l�B6�~|�H�D�%RJhѺ���B�CR�Rw(�R.��##IS�G�L��:7R3�$+-��H�Oݡ|JY2CҔ�Hgi�W����ʨJ�Q��t؃�̪n*����J�f��DkϤ�c$eb�|*�":P0�cZ�l��L�^LD��f8w�@ z`㜬L�~j��H��xeY�H�^�TzU�6?�ʥ���l��L�^OE��t,�C#��nF6FR�W?5UUҳx[tDL��H��,U��("zN'��l��̰�MD"�b���Й6!#)3��S�ЁJp�5B")b�1�2���+�Q�!f�R�����6LeX�%���f�[��H�`�T��R1a��6bLR6>m� 6L%X)83q���6#)3l�ʰ� �x�)��*##)3l�ʰ�&.`��qc�!#)3l�ʰ�$1w؎)�2�1�2Æ�+L� �E61@�!#)3l�ʰt�`���>��(�k�ʯB�W�īw��1�2����*�$Jê�`��5�QdW��N��S �Y.�Dr�e8�q���Y��q�����k�s��-��U��� The Intervention Orders (Prevention of Abuse) Act 2009 (SA) (‘the Act’) is the piece of legislation (law) in South Australia that allows the courts to make orders protecting people from abuse. OF INTERVENTION ORDER Magistrates Court of South Australia www.courts.sa.gov.au Intervention Orders (Prevention of Abuse) Act 2009 Sections 26 and … An intervention order (previously known as a restraining order) is a court order which prohibits a person (the defendant) from behaving in a particular manner towards a protected person (or persons). 3462 0 obj <>/Filter/FlateDecode/ID[<93456B6240AC3848A4D066F704A905A3>]/Index[3449 81]/Info 3448 0 R/Length 75/Prev 330317/Root 3450 0 R/Size 3530/Type/XRef/W[1 2 1]>>stream Intervention Orders (During COVID-19) Factsheet This information is general and should not be relied upon as a substitute for legal advice. The Act sets out how a person can apply for a restraining order in South Australia and provides key definitions relating to family and domestic violence. Date of expiry: 1.9.2022. Intervention orders can be requested to protect anybody in the community including victims, prisoners, and friends and family. The Intervention Orders (Prevention of Abuse) Act 2009 repealed the following: Domestic Violence Act 1994. What is an intervention order? 1901 0 obj <>stream 1 Short title. "foreign intervention order" means an order, notice or other form of requirement under the law of another State, a Territory of the Commonwealth or New Zealand declared by regulation to be a foreign intervention order; "interim intervention order" means— (a) an interim intervention order issued by a police officer under section 18; or Intervention orders may be first issued as interim orders by either a court or a police officer. �. The Legal Services Commission provides free advice for most legal problems. ��> �DDy����H����L�k�GqFa�@�`�2{���LAD,�Q�2 Principal Act Location. 3 How do I get an intervention order? RTF. endstream endobj 1802 0 obj <>/Metadata 118 0 R/Outlines 539 0 R/PageLayout/OneColumn/Pages 1792 0 R/StructTreeRoot 730 0 R/Type/Catalog>> endobj 1803 0 obj <>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 1804 0 obj <>stream They are personal safety and family violence intervention orders. (a) an interim intervention order (whether issued by a police officer or the Court) confirmed as a final intervention order by the Court under section 23; or (b) a final intervention order issued by the Court under section 23 in substitution for an interim intervention order ; �RM;��� �f8�Ճ@�.���. It contains information about organisations, people, policies, legislation and events related to the history of … Although the order is issued at the sentencing stage it is not a sentence for the purposes of the Act [s 28(4)(b)]. Recognition of intervention orders nationally Tenancy issues and intervention orders Video resources Prev Next The Family Safety Framework What is an intervention order? An Act to provide for intervention orders and associated problem gambling and tenancy orders in cases of domestic and non-domestic abuse; to make related amendments to the . An Act to provide for intervention orders and associated problem gambling and tenancy orders in cases of domestic and non-domestic abuse; and for … GPO Box 1539, Adelaide, SA, 5001 sapol.interventionordermanagement@police.sa.gov.au What is domestic violence? The person restricted by an intervention order is referred to as the defendant. H��TMo�0��W�(,K�d�CQ �:�6t�oY�����K�v��#e�cҭ�E=Q$���������xжE�0�`��#L��� ky�t INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009 - SECT 26 26—Intervention orders (1) The Court may vary or revoke an intervention order on application by— (a) a police officer; or (b) a person protected by the order or a suitable representative of such a … An intervention order is a court order against a person who makes you fear for your safety, to protect you from further violence, intimidation or harassment. %PDF-1.5 %���� h��[�r���y�Kz�K�RJ�-[)YQ��e��È�P[�kwh��>`8� The Act sets out how a person can apply for a restraining order in South Australia and provides key definitions relating to family and domestic violence. INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009 TABLE OF PROVISIONS Long Title PART 1--Preliminary 1.Short title 3.Interpretation 4.Application of Act outside State PART 2--Objects of Act 5.Objects of Act PART 3--Intervention and associated orders Division 1--General 6.. A person who is experiencing domestic violence ( ‘protected person’ ) may apply to the Magistrates Court Bail Act 1985, the . Expiry Program Information. An “intervention order” is issued under the Intervention Orders (Prevention of Abuse) Act 2009 to protect a … Intervention Orders Applications - Stop the Violence (video) … Authors: System Account Date: 28/02/2020 Size: 63KB 0 The Intervention Orders (Prevention of Abuse) Act 2009 (SA) recognises that abuse can take many forms including emotional, psychological and economic and is not limited to physical or sexual abuse. A court may, on finding a person guilty or sentencing them, issue an intervention order as if a complaint or application had been made under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) [Sentencing Act 2017 (SA) s 28]. review of the Crimes (Domestic and Personal Violence) Act 2007 (the Act). �4����u�*�>���iS*Ѝ�V�EӁ+P�:Jڬu�DY���F%b��(��$�d=����\�~��>�v��/���>�'���w�8��/ɰ�i��{��=27�sO"�d96DE�T�!�Cj:W�����) p]�}�w2�uW�]�-�ʼn)��EsS�`���aA��f*������c@���Q�{��ð�[t(-��n7ȄK��"�? South Australia Intervention Orders (Prevention of Abuse) Act 2009 An Act to provide for intervention orders and associated problem gambling and tenancy orders in cases of domestic and non‑domestic abuse; and for other purposes. Expiation fee: $160. h�b```b``�e`a``�c�g@ ~f�(�DAAFFAAA b�e��xG4::�2�����Q]ย(P�)��x�I� �� i�|����������� ��Y�q�S�a`٪�gv�p��,�˾�*70l\xz�)�u��)م� ��[R� Aم �…w�;%w�!���W @�����!��ĉ��p0X0� VCK�PFJ6dP��pJe`�6���0F&�Ro foreign intervention order in section 3 of the Act, each of the following orders or notices under the law of another State, a Territory of the Commonwealth or New Zealand is declared to be a foreign intervention order: (a) a protection order under the … An interim intervention order can be made by the police or the court. INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009 - SECT 20 20—Application to Court for intervention order (1) The following persons may make an application to the Court for an intervention order: (a) a Section 28 of the Sentencing Act 2017 (SA) empowers a court to make an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) or restraining order under the Criminal Procedure Act 1921 (SA) after finding a person guilty of an offence or upon sentencing [see Sentencing Act 2017 (SA) s 28(1)]. �\��G\c �`������z�\�X�����0��츾���_�o+k�쫦�z���٢��b1uH�y4pk�����o��f[�l>T���z�0ֽ���,�PE|���7��:Ҵ��g/כe����v`4��m���? Intervention orders (formerly called restraining orders) are put in place in order to restrict the behaviour or actions of a particular person. ... South Australia Central; Service SA; SA Government Gazette Online; Intervention orders can be made in situations where a person is experiencing domestic and family violence as a way of protecting them and, in some cases, their children. South Australia. Part 1—Preliminary. Contact the Getting an … 20—Application to Court for intervention order (1) The following persons may make an application to the Court for an intervention order: (a) a police officer; (b) a person against whom it is alleged the defendant may commit an act of abuse or a suitable representative of such a … For more information on the range of conditions refer to the Intervention Order Act 2009, Division 1, section 12 – 15 Intervention Orders can occur in two ways Interim Intervention Orders – or Police Issued Orders endstream endobj 1805 0 obj <>stream ��-Up��"���,Yg. Legislation amended by principal Act 31—Contravention of intervention order. Published under the Legislation Revision and Publication Act 20021. endstream endobj startxref When determining Family Law proceedings a court will generally have regard to the existence of intervention orders, whether or not those orders have been made on an interim or on a fina… - =76�gn}�%�4�p�>� �̑E�1��a� • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. (2) A person who contravenes any other term of an intervention order is guilty of an offence. [39] Family Violence Protection Act 2008 (Vic) s 6; Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 8(5); Family Violence Act 2004 (Tas) ss 7, 8; Domestic and Family Violence Act 2007 (NT) s 5. j� ���`�w�F��Hj��νs�[�|�u�0�|��c��gL�o�I�D��-��nZ���x�L΀������R�&e1h� BQ+�(0�{Q��S`�_�8�3`�%�zSy����0���|m, 9�"���� �Nh��Ra�g��> ,%�0���RFBp������B� A�������Ij"l|�*�x|�+���D��9�}�h�W"�X*)*Ȩ�FA�T������W��6zS���kH��A��.�hO�JI�|���z�R:@O�Jو�`(ga��3�Ъ�\�}h��TZ Xֶ��D='����SQ/��9X6�2�ò�-hx�У-��������h��sz4ND�U&(�5�r"�34*����0Q�f�;��� Intervention Orders (Prevention of Abuse) Act 2009 - Legislation - Find & Connect - South Australia, Find & Connect is a resource for people who as children were in out-of-home 'care' in Australia. Intervention Orders (Prevention of Abuse) Act 2009 An Act to provide for intervention orders and associated problem gambling and tenancy orders in cases of domestic and non-domestic abuse; and for other purposes. ./��G� �� �r�y. 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