National Domestic Violence Order Scheme (NDVOS)
What is the National Domestic Violence Order Scheme (NDVOS)?
The National Domestic Violence Order Scheme (NDVOS) allows a Family Violence Intervention Order (which will be referred to as a Domestic Violence Order (DVO) under this scheme) made in one state or territory to be recognised and enforced across Australia. This includes both interim and final DVOs, Family Violence Safety Notices and police DVOs made in other jurisdictions from the commencement of the legislation.
In Victoria, the legislation for this scheme is called the National Domestic Violence Order Scheme Act 2016. The NDVOS will commence on 25 November 2017.
It is important to note that this scheme does not apply to Personal Safety Intervention Orders. These orders will not be nationally recognised. A registration process is available for personal safety intervention orders. Contact the Melbourne Magistrates’ Court for more information about registering Personal Safety Intervention Orders.
What this means for you?
If an interim or final DVO or a Family Violence Safety Notice is made on or after the 25 November 2017, it will automatically be a nationally recognised order.
In Victoria, all active Victorian DVOs at the time of commencement of the Act will also become nationally recognised orders. This means that if you have a Victorian order that was made prior to the commencement date of the legislation, that is still active (not expired) on 25 November 2017, it will automatically become a nationally recognised order. You will not need to declare a Victorian order to be a national order, it is an automatic process. Victoria is the only state to have this provision.
If you have a DVO that was made in any other state/territory (not Victoria) prior to 25 November 2017, it will need to be ‘declared’ to be a nationally recognised order. Any party to the order can request that the order is declared and this request can be made to a registrar at any Court in Victoria. Once your DVO has been declared, it will be a nationally recognised order. Please contact your local court for more information.
Any party can apply at a Victorian Court to have a nationally recognised order varied or revoked. Victorian provisions will apply.
New Zealand Orders
If you have a New Zealand DVO that was registered in Victoria prior to the NDVOS commencing, it will automatically become a national order on 25 November 2017. You will not need to declare this order.
If you have a New Zealand DVO, are now living in Victoria and have not yet registered your order in Australia, you can register your New Zealand DVO at any Court in Victoria. Once your New Zealand DVO is registered in Victoria, it will automatically become a nationally recognised order.
Interstate Orders registered in Victoria prior to the scheme
If you have an interstate DVO that was registered in Victoria prior to the NDVOS commencing, it will not be nationally recognised. You will need to attend your local court and follow the declaration process to declare your order to be nationally recognised.
Where can a nationally recognised DVO be enforced?
A nationally recognised DVO is enforceable against the respondent in Victoria, when the respondent is properly notified. A nationally recognised DVO made in another jurisdiction which is enforceable may be enforced in Victoria as if it were a Victorian DVO.
A Victorian DVO (both interim and final) may be enforced against the respondent in any other state or territory that has enacted the corresponding DVO recognition laws if the respondent has been properly notified.
If you need more information about the National Domestic Violence Order Scheme, please contact your local court.