The NSW Government has passed new laws to better protect victim-survivors of domestic and family violence, including tougher penalties for breaching an Apprehended Domestic Violence Order (ADVO) in certain circumstances.
The new offences target conduct that may indicate a high risk of harm to the protected person, including:
An intentional breach offence directed at serious or harmful breaches of ADVOs due to the offender’s intention to cause harm or fear to the protected person. This offence will carry a maximum penalty of three years’ imprisonment.
A persistent breach offence directed at repeated breaches of ADVOs over a short period of time, reflecting a clear disregard for the conditions of the ADVO. This offence will carry a maximum penalty of five years’ imprisonment.
These new aggravated offences will complement the existing offence for any breach of an ADVO, which has a maximum penalty of two years’ imprisonment.
A new civil protection order scheme targets serious domestic and family violence offenders.
The Serious Domestic Abuse Prevention Order (SDAPO) provides law enforcement with a tool to monitor and supervise very high-risk offenders, with the aim to keep relatives and former, current or potential future intimate partners safe from violence.
The scheme allows the court to impose any conditions it considers appropriate to prevent the perpetrator engaging in domestic abuse.
Orders may include a requirement to report to a police station at an appointed time or to notify police when commencing an intimate partner relationship, and a restriction on the use of social media and dating apps.
Breaching an SDAPO carries a maximum penalty of five years’ imprisonment.
Other legislative reforms passed include:
- Changes to the definition of stalking to expressly include the monitoring and tracking of a person’s activities, communications or movements through the use of technology, such as using GPS trackers or monitoring the victim’s online accounts.
- Allowing police to issue a provisional AVO electronically where the parties consent, instead of requiring police officers to take individuals to a police station to print out a physical copy of the order.
- An amendment to the Births, Deaths and Marriages Act 1995 to allow a sole parent with an appropriate court order to change their child’s name.
These new domestic violence laws further enhance protections for victim-survivors after the criminalisation of coercive control and stronger bail laws came into effect in July.
They also complement measures announced in the 2024-25 NSW Budget, including an investment of $245.6 million to improve support for domestic and family violence victim-survivors and expand programs that reduce the rate of violence against women and children.
$45 million of this package has been set aside to improve bail laws and justice system responses to domestic violence.
Attorney General Michael Daley said:
“The NSW Government is committed to a whole-of-government approach to preventing and eliminating domestic violence in our state.
“These new laws will strengthen the justice system to better protect victim-survivors and support their safety.
“We will continue to consult legal and sector stakeholders as we seek to improve laws and justice system responses to domestic violence.”
Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said:
“Too many lives have been lost to domestic and family violence, and these new laws are a vital step to improve the safety and security of victim-survivors.
“The new laws complement other services we are delivering across the state, including homelessness and crisis support, early intervention and primary prevention programs, and activities to build and strengthen the sector.
“We want to ensure that any person fleeing domestic and family violence has a safe pathway to healing and recovery.”
