Explanatory Statement Domestic and Family Violence Amendment Bill 2010 (Serial 128)
Tabled paper 1002
Tabled Papers for 11th Assembly 2008 - 2012; Tabled Papers; ParliamentNT
Tabled By Delia Lawrie
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
2 under a new section 52A the CSJ has the power to make an interim variation order at any time during an application to vary a DVO; the power of a Police officer in Part 2.8 Division 2 to apply to a Magistrate for a variation of a Court DVO in urgent circumstances is expanded to allow for variation of a police DVO in urgent circumstances before the police DVO has been confirmed by the CSJ; the powers of the police to detain persons under section 84 are expanded so as to allow detention of a person for the purpose of serving a copy of an existing DVO on the person; the police have the power under section 84 to detain a person for the purpose of applying to vary a DVO in urgent circumstances; the police have the power under section 84 to detain an intoxicated person until such time as they are no longer intoxicated (beyond the current four hour time limit) and can be properly served with a copy of a DVO; if a police officer detains a person for longer than six hours due to intoxication, then under section 84 the police officer must: o inform a senior police officer of the continued need to detain the person; o record information about the persons continued detention in the custody log;o o arrange for a health practitioner to examine the person as soon as practicable; and o release the person from custody into the custody of the health practitioner if they require medical treatment, or otherwise release the person when they cease to be intoxicated or at the expiration often hours (whichever is the earliest). section 59 of the Sentencing Act will apply to sentences under section 121 of the Act, so that in circumstances where an offender is already sentenced or is serving a sentence or sentences of imprisonment with a non-parole period fixed, that sentence may, in effect, be suspended while any seven day mandatory sentence under the Act is served; and