Domestic Violence (Amendment) Act 2017

An interim protection order (IPO) protects survivors during police investigation, while a protection order (PO) protects survivors during criminal court proceedings. The amendments specify when an IPO ends, and when a PO begins, so survivors won’t be left without protection between police investigations and court proceeding. Pursuant to the amendments, an IPO can include additional safeguards, like prohibiting an abuser from coming near a survivor so police can intervene before further violence happens. The expanded definition of domestic violence will protect against: misappropriating property, which causes distress; threatening, which causes distress or fear for safety; or communicating (including electronically) with the survivor to insult modesty. A court can no longer order a survivor to attend reconciliatory counseling with the abuser, which could put the survivor in danger. Instead, the abuser can be ordered to complete a rehabilitation program. If a court grants a survivor occupancy of a shared residence, it must grant the survivor exclusive occupancy rather than just a specified part of the residence. The police officer must keep survivors informed on the status of investigation, status of IPO and PO, and important court dates. The amendments also create the Emergency Protection Order (EPO), which helps survivors get protection faster. EPOs are issued by social welfare officers who are easily accessible. Survivors no longer have to make a police report to get an EPO, which is valid for seven days.