ARTICLE
13 April 2020

COVID-19: Changes to ADVO (domestic and personal violence order) proceedings in NSW

K
Kells

Contributor

The changes are applicable during the prescribed period (the pandemic) and will revert when the virus is under control.
Australia Criminal Law
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With the outbreak of COVID-19, the Chief Magistrate of the Local Court, Judge Graeme Henson has recently released further arrangements, this time aimed at the management of domestic and personal violence order (ADVO) proceedings during the COVID-19.

The changes commenced on 1 April 2020 and have the following impact:

  • any ADVO hearings currently listed on or before 1 May 2020 will not proceed and no fresh hearings will be listed.
  • any ADVO related to a criminal charge will be listed on the same court date as the criminal charge. This will not be within the next three months.
  • any ADVO not related to a criminal charge will not be given a court date within the next three months.

Further, recent amendments to the Crimes (Domestic and Personal Violence) Act 2007 have extended the time requirements that a provisional ADVO must be listed in court from the next available court date or within 28 days to 6 months from the date the provisional order was made.

The changes are significant as provisional orders are enforceable immediately following a senior police officer making an order and remain enforceable until a court makes an interim order or revokes the order.

These changes are only applicable for the prescribed period during the COVID-19 pandemic and will revert once the virus is under control.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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