In the Personal Safety Intervention Orders Act 2010, section 100 governs the offence of contravening such an order made against them. Contravening such an order results in 2 years imprisonment and a fine of 240 penalty units ($37,310), or both.
What actions may constitute breaching the order?
A breach of a personal safety intervention order may be:
- An accidental breach by the respondent seeing the protected person in a supermarket; or
- A physical breach by the respondent assaulting the affected person.
What must the prosecution prove?
In order to convict a person for a breach of a personal safety intervention order, the prosecution must prove beyond reasonable doubt that:
- There was a personal safety intervention order in place;
- The respondent has been served with a copy of the order or was explained the terms of the order; and
- The respondent breached a condition of the order.
Possible defences
Probable defences to a contravention of a personal safety intervention order include but are not limited to:
- Denial of the respondent’s act, that it wasn’t in breach of the specific conditions of the order;
- Denial that the respondent intended to breach the order;
- And that the respondent was unaware that the intervention order was imposed.
Where will my case be heard?
A charge of the above is a summary offence which will most likely be heard and finalised in the Magistrates Court. If the circumstances of the case are seriously criminal, it may be finalised in the County Court.
