New regulations increase protection for victims of domestic and family violence

The new offences relate to conduct that may indicate a high risk of harm to a protected person, including:

Some the crime of intentional violation directed against serious or harmful violations of ADVO due to the intention of the perpetrator to harm or intimidate the protected person. This offence will be punishable by imprisonment for up to three years.

AND persistent violation of the regulations directed against repeated breaches of the ADVO over a short period of time, reflecting a clear disregard for the terms of the ADVO. This offence will be punishable by up to five years’ imprisonment.

These new aggravated offences will be in addition to the existing offence for each breach of an ADVO order, which is punishable by up to two years’ imprisonment.

The new civil protection programme aims to combat serious cases of domestic and family violence.

This Serious Domestic Violence Prevention Order (SDAPO) provides law enforcement with a tool to monitor and supervise high-risk offenders in order to keep relatives and former, current or potential future partners safe from violence.

The scheme allows the court to impose any conditions it deems appropriate to prevent the perpetrator from committing domestic violence.

Orders may include a requirement to report to a police station at a specified time or notify police if an intimate partner has entered into an intimate relationship, as well as restrictions on the use of social media and dating apps.

Violation of the SDAPO is punishable by up to five years’ imprisonment.

Other legislative reforms passed include:

• The changes to the definition of stalking are intended to explicitly include monitoring or tracking an individual’s activities, communications or movements using technology such as GPS trackers or monitoring the victim’s online accounts.
• Allowing the police to issue an interim AVO electronically with the consent of the parties, rather than requiring police officers to take people to a police station to print a physical copy of the order.
• Amendment to Births, Deaths and Marriages Act 1995 to enable a single parent who has a court order to change their child’s name.

New domestic violence laws further strengthen protections for victims, following the introduction in July of laws criminalising coercive control and tougher bail rules.

They also complement measures announced in the NSW Budget 2024-25, including an investment of $245.6 million to improve support for victims of domestic and family violence and expand programs to reduce rates of violence against women and children.

$45 million of the package goes to improve bail laws and the criminal justice response to domestic violence.

Attorney General Michael Daley said:

“The New South Wales Government is committed to taking whole-of-government action to prevent and end domestic violence in our state.

“These new laws will strengthen the justice system to better protect victims and keep them safe.

“We will continue to consult with legal and sector stakeholders to improve the law and criminal justice response to domestic violence.”

Domestic Violence and Sexual Assault Prevention Minister Jodie Harrison said:

“Too many people have lost their lives due to domestic and family violence and these new laws are a crucial step towards improving the safety of victims.”

“The new legislation complements other services we provide across the state, including homeless and crisis support, early intervention and primary prevention programs, and efforts to expand and strengthen the sector.

“We want to make sure that every person fleeing domestic and family violence has a safe path to healing and recovery.”