ACT
(Act 11 of 2022)
Act 11 of 2022 .. in force 21 March 2022 (Repeals Act 7 of 1995)
ARRANGEMENT OF SECTIONS
PRELIMINARY
1. | Short title |
2. | Interpretation |
PART I
ADMINISTRATION
3. | Powers of the Minister |
4. | Training of criminal justice and health authorities |
5. | Non-discrimination of victims |
PART II
DOMESTIC VIOLENCE
DIVISION 1
Prohibition of Domestic Violence
6. | Prohibition of domestic violence |
DIVISION 2
Report on acts of Domestic Violence
7. | Report on acts of domestic violence to a police officer |
8. | Duties of police officer in relation to acts of domestic violence |
DIVISION 3
Police Powers of Entry, Arrest and Detention
9. | Power of entry without a warrant |
10. | Power of entry with a warrant |
11. | Arrest by a police officer |
12. | Detention by a police officer |
DIVISION 4
Bail for an offence in relation to an act of Domestic Violence
13. | Bail for an offence in relation to acts of domestic violence |
PART III
PROTECTION ORDERS
DIVISION 1
Interim Protection Order
14. | Application for an interim protection order by a victim |
15. | Application for an interim protection order on behalf of a victim |
16. | Making of a report to a police officer and application for an interim protection order, by a witness |
17. | Time for submitting an application for an interim protection order |
18. | Contents of and accompanying document with an application for an interim protection order |
19. | Application for an interim protection order to be lodged with the Director |
20. | Matters to be considered by the court before granting an interim protection order |
21. | Grant of an interim protection order |
22. | Validity of an interim protection order |
23. | Service of an interim protection order and notice of proceedings for a final protection order |
24. | Substituted service of an interim protection order and notice of proceedings for a final protection order |
25. | Filing of affidavit by a respondent |
26. | Service of an affidavit filed by the respondent |
27. | Affidavit in reply to the affidavit filed by the respondent |
28. | Service of affidavit in reply |
29. | Documents to be submitted to the court by the Director |
DIVISION 2
Final Protection Order
30. | Proceedings in the absence of the respondent |
31. | Proceedings in the absence of the applicant |
32. | Bond of good behaviour in lieu of a final protection order or penalty |
33. | Forfeiture of a bond of good behaviour |
34. | Grant or refusal to grant a final protection order |
35. | Notice and service of a final protection order |
DIVISION 3
General
36. | Explanation to respondent by the court |
37. | Terms of a protection order |
38. | Report of contravention of a protection order |
39. | Arrest by a police officer for contravention of a protection order |
40. | Penalties for contravention of a protection order |
41. | Application for variation or revocation of a protection order |
42. | Service of application for variation or revocation of a protection order |
43. | Grant of an application for variation or revocation of a protection order |
44. | Service of grant of an application for variation or revocation of a protection order |
45. | Protection order as evidence of a material fact in other proceedings |
46. | Protection of mortgage |
47. | Property rights |
48. | Appeals |
PART IV
CONDUCT OF COURT PROCEEDINGS
49. | Conduct of proceedings |
50. | Standard of proof |
51. | Restriction on publication of report of proceedings |
PART V
MISCELLANEOUS
52. | Civil action |
53. | Amendment of Schedule |
54. | Rules |
55. | Regulations |
56. | Repeal |
57. | Savings |
58. | Transitional |
Schedule | |
AN ACT to provide for the protection of victims of domestic violence, the grant of a protection order and for related matters.
Commencement [21 March 2022]