All domestic violence orders (AVOs/DVOs/Intervention/Restraining Orders) issued from the 25 November 2017 will be nationally recognised. This includes temporary/interim and final orders.
Police and Courts will be to enforce a domestic violence orders regardless of the state or territory that issued the original order. Courts will also have the power to vary or revoke any nationally recognised order.
In December 2015, the Council of Australian Governments (COAG) agreed each state and territory would introduce model laws to automatically recognise and enforce these types of orders across Australia. New Zealand orders registered in Australia will also be recognised and can be enforced.
The changes will commence on 25 November 2017 and will coincide with International Day for the Elimination of Violence Against Women (White Ribbon Day).
Details of the scheme include:
• all orders issued before 25 November 2017 will not be automatically recognised as national DVOs and therefore the conditions cannot be enforced nor can the order be varied;
• Victorian Intervention Orders made before 25 November 2017 will be automatically recognised as the legislation applies retrospectively to them;
• you can apply to a court to have an existing order declared a ‘nationally recognised DVO’ by a court in any jurisdiction;
• If you travel interstate or move interstate permanently, you should have an existing order declared or registered;
• People who breach the conditions of a nationally recognised DVO will be subject to the penalties set by the jurisdiction that prosecutes the breach, this means that if the state or territory prosecuting the breach has a higher penalty, it applies.
• Orders issued in New Zealand are not automatically recognised under the National Scheme. However orders made by a New Zealand Court registered by an Australian court as a ‘nationally recognised DVO’.