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]