An important update from Women’s Domestic Violence Court Advocacy Services including important information from the NSW Police Force.
Changes to provisional ADVOs
- Section 29(3) of the Crimes (Domestic & Personal Violence) Act 2007 previously required provisional orders to be listed on the next domestic violence list day or a date not more than 28 days from the making of the provisional order.
- Due to changes to court lists as a result of COVID-19, a legislative amendment now allows Police to set a list date for provisional orders up to 6 months into the future.
- From 30 March 2020, Police will list the court date for provisional orders without charges on a DV list day 3 months from the incident date.
- Provisional ADVOs and charges must be listed on the same DV list date.
Can Police apply for an urgent variation to a Police-issued provisional ADVO?
No. However if a fresh incident has occurred prior to the provisional order going to court and there is a need to increase protection for the PINOP, Police can apply for a new provisional order for the same parties. This is not an application to vary but rather a fresh application for an ADVO.
The new provisional order application should:
- refer to the incident that gave rise to the original provisional ADVO;
- include details of the fresh incident; and
- be listed on the same court date as the original provisional order.
COVID-19 resources in different languages
SBS has produced 16 ‘Coronavirus Explained In Your Language’ videos. The languages are English, Filipino, Greek, Italian, Korean, Mandarin, Punjabi, Spanish, Tamil, Arabic, Cantonese, Hindi, Indonesian, Pashto, Persian and Vietnamese. Please visit https://www.sbs.com.au/ondemand/coronavirus-explained-in-your-language.
Alice Stiles | Manager
Women’s Domestic Violence Court Advocacy Program (WDVCAP)
M: 0412 848 607 | E: [email protected]
Please find link here for:
Chief Magistrate’s Memorandum 31 March 2020
Memorandum – COVID-19 Arrangements (No. 7)
Management of Domestic and Personal Violence proceedings during Pandemic Period
The arrangements outlined apply from Wednesday, 1 April 2020 and will remain in place until magistrates are advised otherwise by the Chief Magistrate’s Office.