This legislation has been repealed.
[This Regulation commenced on 17 March 2004 and was repealed by the DOMESTIC AND FAMILY VIOLENCE ACT 2007, NO. 34 which commenced on the 01 July 2008.]
NORTHERN TERRITORY OF AUSTRALIA
DOMESTIC VIOLENCE REGULATIONS
As in force at 17 March 2004
Table of provisions
NORTHERN TERRITORY OF AUSTRALIA
____________________
This reprint shows the Regulations as in force at 17 March 2004. Any amendments that commence after that date are not included.
____________________
DOMESTIC VIOLENCE REGULATIONS
Regulations under the Domestic Violence Act
These Regulations may be cited as the Domestic Violence Regulations.
These Regulations shall come into operation on the commencement of the Domestic Violence Act 1992.
A reference to a form by number is a reference to the form so numbered in Schedule 2.
An application under the Act may be served on the defendant personally or by leaving a copy for the defendant at his or her last or most usual place of abode or of business with some other person who is apparently an inmate or employed at that place and who has apparently attained the age of 16 years.
Where a person serves a summons or order for the purposes of the Act, the person shall, as soon as practicable, complete a declaration of service in accordance with Form 1 and file it at the registry of the Court where the matter was or is to be dealt with.
Forms 2 to 10 inclusive are to be used for the purposes of the Act by reference to and in accordance with the Table in Schedule 1.
regulation 5
TABLE OF FORMS
Section of Act
|
Description of Form
|
Number of Form
|
4
|
Application for a restraining order
|
2
|
4
|
Order
|
3
|
4
|
Summons to defendant to show cause pursuant to
section 4(5)
|
4
|
6
|
Application for order and order by
telephone
|
5
|
8
|
Application to revoke or vary a restraining
order
|
6
|
8
|
Order to revoke or vary a restraining
order
|
3
|
8A
|
Application to vary a restraining order by
telephone
|
6A
|
8B
|
Summons to defendant to show cause pursuant to
section 8A or 8B
|
6B
|
11
|
Declaration pursuant to section 11(2)
|
7
|
18
|
Notice of registration of an external restraining
order
|
8
|
18
|
Order to adapt or modify an external restraining
order pursuant to section 18(2)
|
3
|
19C
|
Application for cancellation of registration of a
registered New Zealand restraining order
|
9
|
19C
|
Order for cancellation of registration of a
registered New Zealand restraining order
|
3A
|
Application for cancellation of registration or
variation of a registered interstate restraining order
|
9
|
|
20
|
Order for variation of a registered interstate
restraining order
|
3
|
20
|
Order for cancellation of registration a registered
interstate restraining order
|
3A
|
20AA
|
Summons to appear/appear and produce
documents
|
10
|
20AE
|
Unattested declaration of service
|
1
|
regulations 4 and 5
FORM 1
regulation 4
NORTHERN TERRITORY OF AUSTRALIA
Domestic Violence Act
UNATTESTED DECLARATION OF SERVICE
I,
......................................................................................................................... Name
of
........................................................................................................................
Contact address
declare that I did
at
.......................................................................................................................
Time
on
.......................................................................................................................
Date
at
.......................................................................................................................
Place
o serve the
attached summons
o serve the attached order
o personally on the
defendant:
I said: What is your
name?
He/she* said:
o by leaving it for the
defendant:
at the
defendant's:
o last
known
o most
usual
place
of:
o residence
o business
with
some other person
apparently:
o resident
o employed
at
that place and apparently not less than 16 years of
age.
I said: What is your
name?
He/she*
said:
I said: Do you live/work*
here?
He/she*
said:
I said: How old are you?
He/she* said:
* Delete if inapplicable
at the
defendant's:
o last
known
o most
usual
place
of:
o residence
o business
.........................
Signed
FORM 2
NORTHERN TERRITORY OF AUSTRALIA
Domestic Violence Act
section 4
APPLICATION FOR RESTRAINING ORDER
APPLICANT:
+
DEFENDANT:
+
BASIS OF APPLICATION:
RESTRAINING ORDERS YOU WANT THE COURT OR THE CLERK (the Registrar of the Local Court) TO MAKE:
DETAILS OF CONDUCT OF PERSON TO BE RESTRAINED:
+ Insert name and address.
ORDERS IN FORCE NOW:
(1) Is there any order(s) in force between you/the person on whose behalf the application is made* and the person to be restrained?
(Here list the details of existing orders affecting the defendant and you that you know of: e.g. home detention orders, other restraining orders under this Act or orders under any other Act.
NOTE: In the case of any of the following matters under the Family Law Act 1975 of the Commonwealth, you need only list them if they require or authorise contact between a child and you or the defendant: contact orders (previously known as access orders), parenting plans, recovery of children orders, specific issues orders, injunctions under section 68B or 114 of that Act, undertakings accepted by the Family Court or recognisances entered into pursuant to an order under that Act.)
YES / NO (Delete whichever does not apply)
(2) If yes:
(a) Attach a copy of the order(s) (if you can); or
(b) If a copy of an order is not attached, give the following details:
Name of court which made the order:
Where is that court?
Date order was made:
What does the order say?
Signature
Date
Place
*Delete if inapplicable
NOTICE TO PARTIES
An application has been made asking the Court of Summary Jurisdiction or the Clerk to make a restraining order against the defendant.
THE APPLICATION WILL BE DEALT
WITH:
by the Court of Summary Jurisdiction or
the Clerk
at ........................................ in the Northern Territory on ................................... at ....................................... a.m./p.m.*
The defendant must attend the hearing at the court on the day set out above if he/she* wishes to defend the application.
IF THE DEFENDANT DOES NOT ATTEND AT COURT, the Court or the Clerk may make the orders set out in the application or other similar orders in his/her* absence.
A restraining order made in the Northern Territory may be registered and enforced, without notice to the defendant, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.
Clerk/Police
Officer
Date
Place
*Delete if inapplicable
FORM 3
NORTHERN TERRITORY OF AUSTRALIA
sections 4, 8, 8B, 18 and 20
Domestic Violence Act
ORDER
Applicant:
+
Defendant:
+
Date of Application:
The Court/the Clerk* hereby orders:
Dated
.............................................
Magistrate/Clerk of the Court*
This order shall, unless it is sooner revoked or varied, continue in force to and including the
day of
19
+ Insert name and address.
* Delete if inapplicable.
TAKE NOTICE that:
· Non-compliance with a restraining order renders the defendant liable to a term of imprisonment for not more than 6 months or to a fine of not more than $2,000 for a first offence; for a second or subsequent offence the defendant would be liable to a mandatory term of imprisonment for not less than 7 days or more than 6 months.
· A restraining order made or varied in the Northern Territory may be registered and enforced, without notice to the defendant, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.
* Fill in this part where the Clerk, with the consent of the defendant and the person making the application or on whose behalf the application is made, makes the order.
I, (defendant), consent to the above
orders.
Signed
.......................................................
Dated ........................................ 19....
I, (the person making the application or on whose
behalf the application is made), consent to the above
orders.
Signed
.......................................................
Dated ........................................ 19....
*This part is not to be included unless the order is made by consent.
FORM 3A
NORTHERN TERRITORY OF AUSTRALIA
sections 19C and 20
Domestic Violence Act
ORDER FOR CANCELLATION OF REGISTRATION OF A REGISTERED *NEW ZEALAND / INTERSTATE* RESTRAINING ORDER
Applicant:
+
Defendant:
+
Date of
Application:
The Court orders:
Dated
.......................................................
Magistrate
+ Insert
name and address.
*Delete if inapplicable.
FORM 4
NORTHERN TERRITORY OF AUSTRALIA
Section 4(5)
Domestic Violence
Act
SUMMONS TO A DEFENDANT TO SHOW
CAUSE
PURSUANT TO SECTION 4(5)
TO:
(the
defendant)
of
The attached
application was made
by
of
a member
of the Police Force of the Northern Territory/a person who is in a domestic
relationship with you or a person making an application on behalf of a person
who is in a domestic relationship with you*
and
on
a Court of Summary Jurisdiction or the Clerk
(the Registrar of the Local Court) at
made the attached order in your
absence.
You are summoned to appear at the
Court of Summary Jurisdiction
at .................................... in the Northern Territory on ...................................... at .......... a.m./p.m.
to show cause why the attached order should not be
confirmed.
Dated
at
in the Northern Territory.
.............................................................
Clerk of the Court/Justice of the Peace
TAKE NOTICE that if you do not appear the order may be confirmed.
· Non-compliance with the order renders you liable to a term of imprisonment for not more than 6 months or a fine of not more than $2,000 for a first offence; for a second or subsequent offence you would be liable for a mandatory term of imprisonment for not less than 7 days or more than 6 months.
· A restraining order made in the Northern Territory may be registered and enforced, without notice to you, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.
*Cross out whichever does not apply.
For the purposes of the Act, a person is in a domestic relationship with another person if he or she:
(a) is or has been a relative of the other person (see section 3 of the Domestic Violence Act), including :
(i) a spouse, including a spouse of the person according to Aboriginal tradition, a former spouse of the person, a de facto partner of the person and a former de facto partner of the person; or
(ii) a relative according to Aboriginal tradition or contemporary social practice;
(b) has or had the custody or guardianship of, or right of access to, the other person, or is or has been subject to the custody or guardianship of the other person or that other person has or has had a right of access to the person;
(c) ordinarily or regularly resides or has resided with the other person, or with another relative, of the other person;
(d) is or has been a relative of a child of the other person; or
(e) has or has had a personal relationship with the other person.
FORM 5
NORTHERN TERRITORY OF AUSTRALIA
section 6
Domestic Violence Act
APPLICATION AND ORDER UNDER SECTION 6
I,
......................................................................................................................
a
member of the Police Force of the Northern Territory, state
that...................................................................................(the
defendant)
of
....................................................................................................(address)
on the
................................................ day of
.........................................19..,
at................................................................ in the Northern Territory, did (1)
of................................................(address)............................................,
being a person in a domestic relationship with the defendant (2), and in particular .................................................................................................
................................. and unless restrained is likely to again assault or cause personal injury or damage.
of..........................(address).............................................................,
being a person in a domestic relationship with the defendant (2),...........................................................................................and unless restrained is likely to again make such a threat or carry out the threat.
There are in existence the
following orders under this Act, the Family Law Act 1975 of the
Commonwealth (to the extent specified in note (4)) or another Act, affecting the
defendant and the person for whose benefit the order is
sought:
........................................................................................................................
........................................................................................................................
....................................................................................................................(4)
Application
made by telephone on the
......................................................day
of
...................................................................... 19....,
at ....................
o'clock
to......................................................................................................................
a Magistrate of the Northern Territory of Australia.
..............................................
Applicant to sign his/her
copy
................................................
Magistrate to sign his/her copy
ORDER
I,
.....................................................................................................................,
having heard an application under section 6(1) by a member of the Police Force of the Northern Territory of Australia, order that the defendant: (5)
And
I further order that:
o (other
orders)....................................................................................
...............................................................................................................
...............................................................................................................
(Here describe any other restraints or orders imposed)
The reasons for making the order are that on the
hearing of the application I am satisfied that unless the order is so made the
defendant will: (5)
o again assault or cause
personal injury to................................................
or damage to property in the possession of.............................................
or the property of.....................................................................................
o again behave in a provocative or offensive manner
(3) towards
..............................................................................................................
(Here
describe other
reasons)
o ..........................................................................................................
..........................................................................................................
..........................................................................................................
I
further order that the order is returnable on the ............... day of
.................................. 19...., at ............. a.m./p.m. at the
Court of Summary Jurisdiction at
................................................................................................
in the Northern Territory of Australia to deal with the application, and be further dealt with according to law and to enable the defendant to be summoned to appear before the Court to show cause why this order should not be confirmed.
.....................................
Magistrate to sign his/her copy (6)
SUMMONS TO DEFENDANT
AND the defendant is summoned to appear at the above-mentioned time to be further dealt with according to law.
o Applicant informed of terms of order.
o Defendant informed of terms of order (including summons).
....................................................................................
Magistrate
to tick as applicable
and sign his/her
copy
...................................................................
Member
of the Police Force to
tick as applicable and
sign
his/her copy
NOTICE TO DEFENDANT: If you do not appear at the above-mentioned time and place, the order may be confirmed. If you do not comply with the order you could be found guilty of an offence punishable by 6 months imprisonment or a fine of $2,000 for a first offence; for a second offence or subsequent offence you would be liable to a mandatory term of imprisonment for not less than 7 days or more than 6 months.
A restraining order made in the Northern Territory may be registered and enforced, without notice to you, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.
NOTES:
(1) Tick and complete the applicable item. Only members of the Police Force can make applications under section 6.
(2) For the purposes of the Act, a person is in a domestic relationship with another person if he or she:
(a) is or has been a relative of the other person (see section 3 of the Domestic Violence Act), including:
(i) a spouse, including a spouse of the person according to Aboriginal tradition, a former spouse of the person, a de facto partner of the person and a former de facto partner of the person; or
(ii) a relative according to Aboriginal tradition or contemporary social practice;
(b) has or had the custody or guardianship of, or right of access to, the other person, or is or has been subject to the custody or guardianship of the other person or that other person has or has had a right of access to the person;
(c) ordinarily or regularly resides or has resided with the other person, or with another relative, of the other person;
(d) is or has been a relative of a child of the other person; or
(e) has or has had a personal relationship with the other person.
(3) Provocative or offensive behaviour that is likely to lead to a breach of the peace includes, but is not limited to, behaviour that may cause another person to reasonably fear violence to or harassment of himself, herself or another.
(4) Here list the details of existing orders the defendant and the person for whose benefit the order is being sought that the person knows of, e.g. home detention orders, other restraining orders under this Act or orders under any other Act.
NOTE: In the case of any of the following matters under the Family Law Act 1975 of the Commonwealth, you need only list them if they require or authorise contact between a child and the person for whose benefit the order is being sought or the defendant: contact orders (previously known as access orders), parenting plans, recovery of children orders, specific issues orders, injunctions under section 68B or 114 of that Act, undertakings accepted by the Family Court or recognisances entered into pursuant to an order under that Act.
(5) Tick and complete the applicable item.
FORM 6
NORTHERN TERRITORY OF AUSTRALIA
section 8
Domestic Violence Act
APPLICATION TO VARY OR REVOKE RESTRAINING ORDER
APPLICANT:
+
DEFENDANT:
+
DETAILS OF ORDERS TO BE VARIED OR REVOKED:
Attach a copy of the order. (If you do not have a copy of the order, you may obtain one from the Court of Summary Jurisdiction.)
VARIATION/REVOCATION OF EXISTING ORDER:
(1) If you want to add a new order(s) to the existing order, write out the new order(s) you want added.
(2) If you want to omit an order(s) that is one of the existing orders, write out the order(s) you want omitted from the existing orders.
(3) If you want an existing order(s) changed, write out the order(s) as you want it to be.
(4) Do you want the existing order revoked? YES / NO
(Delete whichever does not apply)
REASONS FOR VARIATION OR REVOCATION:
Briefly, what are your reasons for wanting to vary or revoke the order?
Signed
Date
Place
+Insert name and address.
NOTICE TO PARTIES
An application has been made asking the Court of Summary Jurisdiction to make a restraining order against the defendant.
THE APPLICATION WILL BE DEALT WITH:
by the Court of Summary Jurisdiction
at .................................... in the Northern Territory on ...................................... at .......... a.m./p.m.
The defendant must attend the hearing at the court on the day set out above if he/she wishes to defend the application.
IF THE DEFENDANT DOES NOT ATTEND AT COURT, the court may make the orders set out in the application or other similar orders in his/ her absence.
A restraining order made or varied in the Northern Territory may be registered and enforced, without notice to the defendant, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.
Clerk/Police
Officer*
Date
Place
*Delete if inapplicable
FORM 6A
NORTHERN TERRITORY OF AUSTRALIA
section 8A
Domestic Violence Act
APPLICATION AND VARIATION OF ORDER UNDER SECTION 8A
I, ................................................... a member of the Police Force of the Northern Territory (1), state that....................................(person on whose behalf application is made) of .............................(address), a person in a domestic relationship (2) with the person in relation to whom the order(s) specified below is made, on the....................... day of ........................19.., at............................ in the Northern Territory, did request me to seek a variation of the following order(s):
DETAILS OF ORDERS TO BE VARIED:
Attach a copy of the order. (If you do not have a copy of the order, you may obtain one from the Court of Summary Jurisdiction.)
VARIATION OF EXISTING ORDER:
(1) If a new order is to be added to the existing order, write out the new order.
(2) If an existing order is to be omitted, write out that order.
(3) If an existing order is to be changed, write out the order as it should read.
(Delete whichever does not apply)
There are in existence the following orders under this Act, the Family Law Act 1975 of the Commonwealth (to the extent specified in note (3)) or another Act, affecting the defendant and the person for whose benefit the order is sought: (3)
REASONS FOR VARIATION:
Briefly, state the reasons the variation is sought.
Application made by telephone on the ................. day of ......................... 19...., at .......... o'clock to ................................................. a Magistrate of the Northern Territory of Australia.
..............................
Magistrate to sign his/her copy
..............................
Member
of Police Force
to sign his/her copy
ORDER
I, ......................................................, having heard an application for a variation of an order under section 8A(1) by a member of the Police Force of the Northern Territory of Australia, vary the order as follows: (5)
The reasons for varying the order are that on the hearing of the application I am satisfied that:
I further order that this variation of an order is returnable on the ............... day of ................................. 19...., at ............. a.m./p.m. at the Court of Summary Jurisdiction at .......................................... in the Northern Territory of Australia to deal with the application, and be further dealt with according to law and to enable the defendant to be summoned to appear before the Court to show cause why this order should not be confirmed.
...............................
Magistrate to sign his/her copy
SUMMONS TO DEFENDANT
AND the defendant is summoned to appear at the above-mentioned time to be further dealt with according to law and to show cause why this variation of an order should not be confirmed.
.........................
Magistrate
to tick
as applicable
and sign his/her copy
..........................
Member
of the Police Force
to tick as applicable
and sign his/her copy
NOTICE TO DEFENDANT: If you do not appear at the above-mentioned time and place, the variation of the order may be confirmed. If you do not comply with the order as varied you could be found guilty of an offence punishable by 6 months imprisonment or a fine of $2,000 for a first offence; for a second or subsequent offence you would be liable to a mandatory term of imprisonment for not less than 7 days or more than 6 months.
A restraining order made or varied in the Northern Territory may be registered and enforced, without notice to you, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.
NOTES:
(1) Only members of the Police Force can make applications under section 8A.
(2) For the purposes of the Act, a person is in a domestic relationship with another person if he or she:
(a) is or has been a relative of the other person (see section 3 of the Domestic Violence Act), including:
(i) a spouse, including a spouse of the person according to Aboriginal tradition, a former spouse of the person, a de facto partner of the person and a former de facto partner of the person; or
(ii) a relative according to Aboriginal tradition or contemporary social practice;
(b) has or had the custody or guardianship of, or right of access to, the other person, or is or has been subject to the custody or guardianship of the other person or that other person has or has had a right of access to the person;
(c) ordinarily or regularly resides or has resided with the other person, or with another relative, of the other person;
(d) is or has been a relative of a child of the other person; or
(e) has or has had a personal relationship with the other person.
(3) Here list the details of existing orders affecting the defendant and the person for whose benefit the order is being sought that the person knows of, e.g. home detention orders, other restraining orders under this Act or orders under any other Act.
NOTE: In the case of any of the following matters under the Family Law Act 1975 of the Commonwealth, you need only list them if they require or authorise contact between a child and the person for whose benefit the order is being sought or the defendant: contact orders (previously known as access orders), parenting plans, recovery of children orders, specific issues orders, injunctions under section 68B or 114 of that Act, undertakings accepted by the Family Court or recognisances entered into pursuant to an order under that Act.
FORM 6B
NORTHERN TERRITORY OF AUSTRALIA
sections 8A and 8B
Domestic Violence Act
SUMMONS TO A DEFENDANT TO SHOW CAUSE PURSUANT TO SECTION 8A OR 8B
TO:...................................................................................................................
(the defendant)
of......................................................................................................................
The
attached application to vary the order in force in relation to you was made
by......................................................................................................................
of........................................................................................................................
a
member of the Police Force of the Northern Territory/a person who is in a
domestic relationship with you/ or a person making an application on behalf of a
person who is in a domestic relationship with
you*
and
on................................................................................................................
a
Court of Summary Jurisdiction or the Clerk (the Registrar of the Local Court)
at........................................................................................................................
made the variation of the order (as attached) in your absence.
You are summoned to appear at the Court of Summary
Jurisdiction at ............................................ in the Northern
Territory on ................................... at .......... a.m./p.m. to show
cause why the attached variation of the order should not be
confirmed.
Dated
at
in the Northern Territory.
.......................................
Clerk of the Court/Justice of the Peace
TAKE NOTICE that if you do not appear the variation of the order may be confirmed.
· Non-compliance with the order as varied renders you liable to a term of imprisonment for not more than 6 months or a fine of not more than $2,000 for a first offence; for a second or subsequent offence you would be liable for a mandatory term of imprisonment for not less than 7 days or more than 6 months.
· A restraining order made or varied in the Northern Territory may be registered and enforced, without notice to you, in a State or another Territory of the Commonwealth or in New Zealand if there is a law in force in the relevant jurisdiction to provide for the registration and enforcement of the order.
*Cross out whichever does not apply.
NOTE:
For the purposes of the Act, a person is in a domestic relationship with another person if he or she:
(a) is or has been a relative of the other person (see section 3 of the Domestic Violence Act), including:
(i) a spouse, including a spouse of the person according to Aboriginal tradition, a former spouse of the person, a de facto partner of the person and a former de facto partner of the person; or
(ii) a relative according to Aboriginal tradition or contemporary social practice;
(b) has or had the custody or guardianship of, or right of access to, the other person, or is or has been subject to the custody or guardianship of the other person or that other person has or has had a right of access to the person;
(c) ordinarily or regularly resides or has resided with the other person, or with another relative, of the other person;
(d) is or has been a relative of a child of the other person; or
(e) has or has had a personal relationship with the other person.
FORM 7
NORTHERN TERRITORY OF AUSTRALIA
section 11
Domestic Violence Act
DECLARATION
DEFENDANT'S
DETAILS:
I,
+
of
declare
that I have formed the opinion that an external restraining order is in force
against the defendant in #
on the following grounds:
..........................................
Signature of Police
Officer
Date
Place
+Insert name and address.
#Insert the name of the State or Territory or "New Zealand" as applicable.
FORM 8
NORTHERN TERRITORY OF AUSTRALIA
section 18
Domestic Violence Act
NOTICE OF REGISTRATION OF EXTERNAL RESTRAINING ORDER
DEFENDANT'S DETAILS:
(1)
TO: THE REGISTRAR (2)
ADDRESS:
AND TO: The Commissioner of
Police
TAKE NOTICE THAT the attached order
dated ................. 19.. was registered in the Court of Summary
Jurisdiction in the Northern
Territory
on
at
and was adapted and modified for its effective operation in the Territory in accordance with the order dated ............... 19.. attached hereto.
Clerk of the
Court
Date
Place
NOTES:
(1) Name and address.
(2) Details of Court where the external restraining order was made.
FORM 9
sections 19C and 20
NORTHERN TERRITORY OF AUSTRALIA
Domestic Violence
Act
APPLICATION FOR *CANCELLATION OF
REGISTRATION OF A REGISTERED *NEW ZEALAND / INTERSTATE* RESTRAINING
ORDER
*VARIATION OF A REGISTERED INTERSTATE RESTRAINING ORDER
APPLICANT:
+
DEFENDANT:
+
On
at
in
#
the attached restraining order was made against the
defendant.
TO THE COURT OF SUMMARY
JURISDICTION
AT
*I request that
registration of the attached registered *New Zealand restraining order /
interstate restraining order* be cancelled.
*I request that the attached registered interstate
restraining order be varied as
follows:
...................................................
Signature
of Applicant
Date
Place
+Insert name
and address.
#Insert name of State or Territory
or 'New Zealand' as applicable.
*Delete if inapplicable.
FORM 10
NORTHERN TERRITORY OF AUSTRALIA
section 20AA
Domestic Violence Act
SUMMONS TO A PERSON TO APPEAR OR TO APPEAR AND PRODUCE DOCUMENTS
TO:........................................
(the person to be summoned)
of..................................................................
(address)
.............................
WHEREAS.....................
an application has been made by or on behalf of (name of person by whom or on
whose behalf an application was made) of (address of person for whom
application made) alleging that the defendant (name of defendant) did
(brief description of allegations against
defendant).....................................................................................................................................................................................................................................
and it appears to the Court of Summary Jurisdiction at ....................... in the Northern Territory that you are*:
(a) capable of furnishing information or giving evidence relevant to the application;
(b) capable of producing the following documents relevant to the application:
[ briefly describe the documents sought ]
YOU are summoned to appear at/ appear and produce
those documents to* the Court of Summary Jurisdiction at
..............................................in the Northern Territory
on........................................................ at ..........
a.m./p.m.
Dated
at
in the Northern Territory.
...............................................................
Magistrate /Clerk/ Justices of the Peace
NOTE: If you fail to comply with this summons without reasonable excuse you could be liable to a fine of $2,000.
* Cross out whichever does not apply.
1 KEY
Key to abbreviations
amd = amended od =
order
app = appendix om =
omitted
bl = by-law pt =
Part
ch = Chapter r =
regulation/rule
cl = clause rem =
remainder
div = Division renum =
renumbered
exp = expires/expired rep
= repealed
f = forms s =
section
Gaz =
Gazette sch = Schedule
hdg =
heading sdiv = Subdivision
ins =
inserted SL = Subordinate
Legislation
lt = long title sub =
substituted
nc = not commenced
2 LIST OF LEGISLATION
Domestic Violence Regulations (SL No. 51,
1993)
|
|
Notified
|
22 December 1993
|
Commenced
|
1 January 1994 (r 2, s 2 Domestic Violence Act
1992 (Act No. 67, 1992) and Gaz G51, 22 December 1993, p
3)
|
Amendments of Domestic Violence
Regulations (SL No. 11, 1995)
|
|
Notified
|
12 April 1995
|
Commenced
|
12 April 1995
|
Amendments of Domestic Violence
Regulations (SL No. 13, 1995)
|
|
Notified
|
28 April 1995
|
Commenced
|
1 May 1995 (r 2, s 2 Domestic Violence Amendment
Act 1994 (Act No. 60, 1994) and Gaz S17, 28 April
1995)
|
Amendments of Domestic Violence
Regulations (SL No. 60, 1996)
|
|
Notified
|
19 December 1996
|
Commenced
|
1 January 1997 (r 2, s 2 Domestic Violence
Amendment Act 1996 (Act No. 57, 1996) and Gaz S39,
19 December 1996)
|
Amendments of Domestic Violence
Regulations (SL No. 30, 1999)
|
|
Notified
|
31 October 1999
|
Commenced
|
13 October 1999 (r 2, s 2 Domestic Violence
Amendment Act 1999 (Act No. 40, 1999) and Gaz G40, 13
October 1999, p 2)
|
Law Reform (Gender, Sexuality and De Facto
Relationships) Act 2003 (Act No. 1, 2004)
|
|
Assent date
|
7 January 2004
|
Commenced
|
17 March 2004 (Gaz G11, 17 March 2004, p
8)
|
3 LIST OF AMENDMENTS
r 4 amd No. 11, 1995, r 2
r 5 amd No. 13, 1995, r 3
sch 1 amd No. 13, 1995, r 4; No. 60, 1996, r 3; No. 30, 1999, r 3
sch 2 amd No. 13, 1995, r 5; No. 60, 1996, r 4; No. 30, 1999, r 4; Act No. 1, 2004, s 63