This Act—

• (a) acknowledges the ongoing effects of serious violent offending for victims; and

• (b) with a view to lessening those effects, empowers the court, on the application of a victim, to make a non-contact order prohibiting the offender from having any form of contact with the victim.

In this Act, unless the context otherwise requires,—

(1) In this Act, violent offender or offender, in relation to a victim, means a person who at any time—

• (a) has been convicted of a violent offence that affected the victim; and

• (b) has been sentenced to a term of imprisonment of more than 2 years in respect of that offence.

(2) For the purposes of subsection (1)(b), it does not matter if,—

• (a) at the time the sentence of imprisonment was imposed, the person was already subject to a term of imprisonment for 1 or more other offences; or

• (b) the sentence of imprisonment was imposed concurrently with another sentence of imprisonment for 1 or more other offences.

This Act binds the Crown.

(1) A victim of a violent offence may make an application to the court for a non-contact order against a violent offender at any time after the offender has been sentenced in respect of the offence.

(2) However, a victim may not make an application under subsection (1) if—

• (a) there is in force a protection order against the offender made under the Domestic Violence Act 1995 and the victim is a protected person under that order; or

• (b) there is in force a restraining order against the offender made under the Harassment Act 1997 for the protection of the victim.

(2A) An application under subsection (1) may be made—

• (a) without notice, if the court is satisfied that the delay that would be caused by proceeding on notice would or might entail undue hardship for the victim; or

• (b) on notice.

(3) For the purposes of subsection (2), protected person has the meaning given to it by section 2 of the Domestic Violence Act 1995.

(1) This section applies if—

• (a) an application for a non-contact order is made on notice by a victim; and

• (b) the victim does not know the full name and address of the offender; and

• (c) the Registrar of the court in which the application is made has good reason to believe that the full name and address of the offender is known to—

  • (i) the Commissioner of Police:

  • (ii) the chief executive of the Department of Corrections.

(2) If this section applies, the Registrar may request either or both of the persons specified in subsection (1)(c)(i) and (ii) to supply to the Registrar the full name and address of the offender.

(3) As soon as practicable after receiving a request under subsection (2), a person must—

• (a) respond to that request; and

• (b) supply to the Registrar the information requested if that information is known.

(4) If information is supplied to the Registrar under subsection (3), court staff—

• (a) must treat that information as confidential; and

• (b) must not disclose the information other than to—

  • (i) effect service of the application on the offender; and

  • (ii) enable the court to consider the victim's application; and

  • (iii) effect service of any order made under section 9 on the offender.

(1) The court may make a non-contact order if it is satisfied that—

• (a) there are ongoing effects of the offending for the victim; and

• (b) the possibility of contact between the victim and the violent offender will be detrimental to the victim's ability to manage those effects; and

• (c) the making of the order is reasonably necessary to avoid contact between the victim and the violent offender; and

• (d) taking into account all of the circumstances, the making of the order is justified.

(2) The court may make a non-contact order under subsection (1) in respect of a violent offender, even if there has previously been a non-contact order in force against the offender, on the application of the same, or any other, victim.

(3) A non-contact order made on an application without notice is a temporary order.

(4) A non-contact order made on an application on notice is a final order.

(1) A temporary non-contact order prohibits the offender against whom it is made from—

• (a) doing, or threatening to do, any of the following:

  • (i) watching, loitering near, or preventing or hindering access to or from the victim's place of residence, business, employment, educational institution, or any other place that the offender knows the victim visits often:

  • (ii) following, stopping, or accosting the victim:

  • (iii) making contact with the victim (whether by telephone, electronic message, correspondence, or in any other way):

  • (iv) giving offensive material to the victim, or leaving offensive material where it will be found by, given to, or brought to the attention of the victim; and

• (b) encouraging any other person to do any of the acts specified in paragraph (a) to the victim, where those acts, if done by the offender, would be prohibited by the order.

(2) When making a temporary non-contact order, the court may, in relation to any of the prohibitions in subsection (1), impose any conditions or make any directions that it considers reasonably necessary in the circumstances.

(1) A final non-contact order prohibits the offender against whom it is made from—

• (a) doing, or threatening to do, any of the following:

  • (i) watching, loitering near, or preventing or hindering access to or from the victim's place of residence, business, employment, educational institution, or any other place that the offender knows the victim visits often:

  • (ii) following, stopping, or accosting the victim:

  • (iii) making contact with the victim (whether by telephone, electronic message, correspondence, or in any other way):

  • (iv) giving offensive material to the victim, or leaving offensive material where it will be found by, given to, or brought to the attention of the victim; and

• (b) encouraging any other person to do any of the acts specified in paragraph (a) to the victim, where those acts, if done by the offender, would be prohibited by the order; and

• (c) entering any area that may be specified by the court; and

• (d) residing within any area that may be specified by the court; and

• (e) engaging in employment in any area that may be specified by the court.

(2) When making a non-contact order, the court may, in relation to any of the prohibitions in subsection (1), impose any conditions or make any directions that it considers reasonably necessary in the circumstances.

(1) A victim may apply to the court for a direction that a final non-contact order against the offender also apply against any other person named in the application on the grounds that—

• (a) the person—

  • (i) has been encouraged by the offender to engage in behaviour of the kind described in section 11A(1)(a); and

  • (ii) has engaged in any of those kinds of behaviour; and

• (b) the person's behaviour has been, and continues to be, detrimental to the victim's ability to manage the effects of the offending.

(2) An application may be made under subsection (1)—

• (a) at the same time as making the application on notice for a final non-contact order; or

• (b) at any subsequent time while the final non-contact order continues in force.

(3) On hearing an application made under subsection (1), the court may direct that the final non-contact order apply against any other person named in the application if the court is satisfied that—

• (a) the grounds in that subsection have been established; and

• (b) the person engaged in the behaviour without a lawful purpose.

(4) Where, pursuant to subsection (3), a final non-contact order applies against any person, that person is prohibited from engaging in behaviour of the kind described in section 11A(1)(a).

(1) In relation to an offender against whom a non-contact order is made, the order commences on the day on which it is served on the offender.

(2) In relation to an associate against whom a final non-contact order is directed to apply, the order commences on the day on which it is served on the associate.

(1) A final non-contact order may be made for such period (whether longer or shorter than 2 years) as the court may specify.

(2) A final non-contact order continues in force until—

• (a) it is discharged under section 15 or 15A; or

• (b) the expiry of the period specified by the court; or

• (c) if no period is specified by the court, the expiry of 2 years from the date on which the order commences.

(1) The victim or the offender may at any time make an application to have varied any conditions or directions imposed under section 11(2) in respect of a temporary non-contact order.

(2) On the hearing of an application made under subsection (1), the court may, if it thinks fit, vary any condition or direction imposed under section 11(2) in respect of a temporary non-contact order.

(1) The victim or the offender may at any time make an application to have a final non-contact order varied.

(2) On the hearing of an application made under subsection (1), the court may, if it thinks fit,—

• (a) vary or discharge a prohibition specified in 1 or more of the following:

  • (i) section 11A(1)(c):

  • (ii) section 11A(1)(d):

  • (iii) section 11A(1)(e):

• (ab) vary or discharge a condition or direction imposed under section 11A(2):

• (b) reduce or extend the duration of the order, whether by specifying a period under section 13(1) or by reducing or extending any such specified period.

(3) The court must not extend the duration of a final non-contact order under this section unless the court is satisfied that the extension is, in all of the circumstances, justified.

(1) The victim or the offender may at any time make an application to have a non-contact order discharged.

(2) An associate may at any time make an application to have a non-contact order discharged in so far as it relates to the associate.

(3) On hearing an application made under subsection (1), the court may, if it thinks fit, discharge the non-contact order, in which case the non-contact order also ceases to apply in respect of every associate.

(4) On hearing an application made under subsection (2), the court may, if it thinks fit, discharge the non-contact order in so far as it relates to the associate.

(1) A non-contact order made against an offender is discharged by operation of law if—

• (a) the offender's conviction for the violent offence that affected the victim is quashed or otherwise set aside; or

• (b) the offender's sentence for the violent offence that affected the victim is—

  • (i) quashed or otherwise set aside; or

  • (ii) substituted with a non-custodial sentence; or

  • (iii) substituted with a sentence of imprisonment for a term of 2 years or less.

(2) A non-contact order that is discharged by operation of law ceases to have effect against every associate.

(1) Where the court makes a temporary non-contact order, the offender is entitled to notify the court that he or she wishes to be heard on whether a final non-contact order should be substituted for the temporary non-contact order.

(2) The temporary non-contact order must contain a notice to the offender that clearly states—

• (a) the offender's right under subsection (1); and

• (b) that, subject to section 15D, if the offender does not take any steps in the proceedings, the temporary non-contact order becomes a final non-contact order by operation of law 3 months after the date on which it was made.

(3) If, under subsection (1), the offender notifies the court that he or she wishes to be heard, the Registrar of the court must assign a hearing date, which must be—

• (a) as soon as practicable; and

• (b) unless there are special circumstances, not later than 42 days after receipt of the offender's notice.

(1) If the offender does not notify the court under section 15B that he or she wishes to be heard then, unless the temporary non-contact order is earlier discharged, the order becomes a final non-contact order by operation of law 3 months after the date on which it is made.

(2) However, a temporary non-contact order does not become a final non-contact order under subsection (1) unless the offender has been served with a copy of the order at least 10 days before the 3-month period specified in subsection (1) elapses.

(3) If, pursuant to subsection (2), a temporary non-contact order does not become a final non-contact order, the court may from time to time extend the period within which the temporary non-contact order may be served and the temporary non-contact order continues in force until the expiry of any such extensions.

(4) Any extension or extensions under subsection (3) may not extend the period within which a temporary non-contact order may be served by more than 3 months in total.

(5) If the period for service of a temporary non-contact order has been extended under subsection (3) and at the expiry of that period the temporary non-contact order has not been served, the order lapses.

(1) If, on or after making a temporary non-contact order, the court considers that there is good reason why the order should not become final in accordance with section 15C(1) without a hearing at which the victim or the offender, or both, are present or represented, the court, of its own motion, may direct that there be a hearing.

(2) A direction made under subsection (1) may be made even though the offender does not wish to be heard.

(3) If, pursuant to subsection (1), the court directs that there be a hearing, the Registrar must assign a hearing date as soon as practicable.

(4) If the court makes a direction under subsection (1), it may issue a summons requiring the offender to attend the court at a place and time specified in the summons.

If, pursuant to section 15B, the offender notifies the court that he or she wishes to be heard, or in any other case where a hearing is required or held, the court may at the hearing—

• (a) discharge the temporary non-contact order; or

• (b) make the temporary non-contact order a final non-contact order (with or without variation).

(1) This section applies to the following orders:

• (a) a non-contact order; and

• (b) an order varying a non-contact order; and

• (c) an order discharging a non-contact order.

(2) On the making of an order to which this section applies, the Registrar of the court in which the order is made must ensure that a copy of the order is made available, without delay, to the constable in charge of the Police station nearest to where the victim resides.

(3) For the purposes of this section, a copy of an order may be made available in any of the following ways:

• (a) by sending the copy by means of electronic transmission (whether by fax, electronic message, or other similar means of communication):

• (b) by entering the copy on a database maintained in electronic form, where that database may be accessed by the constable to whom the copy is required to be made available:

• (c) by sending the order by ordinary post:

• (d) by making the copy available in such other manner as is appropriate in the circumstances.

(1) An offender against whom a non-contact order is made commits an offence if the offender, without reasonable excuse, does anything prohibited by the order.

(2) An associate against whom a final non-contact order is directed to apply commits an offence if the associate, without reasonable excuse, does anything prohibited by the order.

(3) An offender or associate who is convicted of an offence against this section is liable to—

• (a) imprisonment for a term not exceeding 2 years; or

• (b) a fine not exceeding $5,000.

In any proceedings under this Act (other than criminal proceedings), and whether by way of hearing in the first instance or by way of appeal, the court may receive any evidence, whether or not admissible under the Evidence Act 2006, if the court is satisfied that the admission of the evidence is in the interests of justice.

(1) A court may dismiss any proceedings before it under section 14 or 15 if it is satisfied that they are—

• (a) frivolous; or

• (b) vexatious; or

• (c) an abuse of the procedure of the court.

(2) If a court is satisfied that a person has persistently instituted vexatious proceedings under section 14 or 15, the court may, after giving the person an opportunity to be heard, make an order prohibiting the person from commencing any proceedings under those sections without the leave of the court.

(1) Where, in any proceedings under this Act (other than criminal proceedings), the offender or associate, as the case may be, is before the court, then on making a non-contact order (other than an order discharging a non-contact order), the Judge must explain to that person—

• (a) the effect of the order; and

• (b) the consequences that may follow if the person fails to comply with the terms of the order; and

• (c) the means by which the order can be varied or discharged.

(2)  A Registrar may give the explanation required by subsection (1).

(3) Failure to give the explanation required by subsection (1) does not affect the validity of the order made.

(4) Where the court makes an order under this Act, the copy of the order that is given to or served on the offender (and, where applicable, the associate) must include a notice stating—

• (a) the consequences that may follow if the person fails to comply with the terms of the order; and

• (b) the means by which the order can be varied or discharged.

(5) Failure to include in a copy of an order made under this Act the notice required by subsection (4) does not affect the validity of the order made.

(1) In addition to all the other powers conferred by the District Courts Act 1947, the Governor-General may from time to time, by Order in Council, make rules—

• (a) regulating the practice and procedure of District Courts in proceedings under this Act:

• (b) providing for such matters as are contemplated by this Act or necessary for giving full effect to its provisions and for its due administration.

(2) Without limiting subsection (1), rules made under that subsection may—

• (a) prescribe such forms as are necessary for the purposes of this Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of such forms:

• (b) apply, with or without modification, provisions of the District Courts Rules 2009 2014.

(3) In the absence of any rules under this section or in any situation not covered by such rules, the District Courts Rules 2009 2014 apply, with all necessary modifications, to proceedings under this Act.

(1) This section amends the Criminal Procedure Act 2011.

(2) In section 387(1)(h), replace “or the Harassment Act 1997” with “, the Harassment Act 1997, or the Victims' Orders Against Violent Offenders Act 2013”.

(1) This section amends the Privacy Act 1993.

(2) In Schedule 5, under the heading “Police records”, insert after the item relating to restraining orders: