Crimes Domestic and Personal Violence Act (NSW)

The main legislation dealing with domestic violence in New South Wales is the Crimes Domestic and Personal Violence Act 2007 (NSW). The Act aims to reduce and prevent the occurrence of violence within domestic relationships in New South Wales. This legislation was drafted to be consistent with Australia’s obligations under the Declaration on the Elimination of Violence against Women and United Nations Convention on the Rights of the Child. 

The Crimes (Domestic and Personal Violence) Act 2007 (NSW)  was amended in 2024 to introduce two new contravene apprehended violence order (AVO) offences to capture a greater variety of breaches of including contravene AVO with intent to cause harm or fear and persistent breach of AVO (where an AVO has been breached on 3 occasions in a month). Previously, there was only one offence that covered all the types and circumstances of breaches of AVOs that carried a maximum penalty of 2 years imprisonment. These new offences and higher maximum penalties reflect the seriousness that Parliament and the community takes domestic violence and attempt to increase compliance with AVO conditions to better protect our people from domestic violence.  

What is Domestic Violence?

The Crimes (Domestic and Personal Violence) Act 2007 (NSW) does not offer a specific definition of “domestic violence” but does provide a non-exhaustive list of behaviour that constitutes “domestic abuse” at Section 6A of the Act. 

The Act says that any of the following behaviours directed by one person against another with whom they have a “domestic relationship” amounts to “domestic abuse”. This includes behaviour that, or threatening to engage in behaviour that: 

• Is physically abusive, violent or threatening, 
• Is sexually abusive, coercive or violent,
• Is economically or financially abusive – such as withholding financial support to meet reasonable living expenses, or preventing/restricting/regulating access to assets, income or employment,
• Is verbally abusive,
• Coerces or controls the person, 
• Causes the person to fear for their safety or wellbeing, or safety and wellbeing of others.
• Shames, degrades or humiliates the person,
• Is stalking, or that directly or indirectly harasses a person, monitors or tracks the person’s activities, communications or movements, 
• Destroys or damages property, 
• Causes injury or damage to an animal, or threats to harm an animal belonging to the person, 
• Prevents the person from making or keeping social, cultural or personal connections, or isolates the person, 
• Restricts or deprives the person’s liberty or unreasonably controls or regulates a person’s day to day activities. 
• Causes a child to hear or witness, or be exposed to the effects of the above behaviour. 

Domestic abuse may be made up of either a single act, omission or circumstance or a combination of acts, omissions or circumstances over a period of time. The above list is non-exhaustive, meaning that the Court can also consider and find other behaviours that are not specifically listed above to amount to domestic abuse. 

What is a “Domestic Relationship”?

The Act defines a “domestic relationship” at Section 5. A person is in a domestic relationship with another person if the person:

• Is or has been married to the other person, 
• Is or has been a de facto partner to the other person, 
• Has or has had an intimate personal relationship with the other person, whether or not such is of a sexual nature, 
• Is or has lived in the same household as the other person, 
• Is living or has lived as a long-term resident in the same residential facility at the same time as the other person, 
• Has or has had a relationship involving dependence on ongoing paid or unpaid care of the person, 
• Is or has been a relative of the other person, 
• In the case of an Aboriginal person or Torres Strait Islander, is or ahs been part of the extended family or kin of the other person. 

A domestic relationship can also apply to a person who has or had a relationship with another person as their paid carer as per Section 5A. 

What happens when someone reports Domestic Violence?

The Crimes (Domestic and Personal Violence) Act 2007 (NSW) prescribes that an application for an AVO must be made if the Police investigating the matter suspects or believes that a domestic violence offence has or is being committed, is imminent, or is likely to be committed. This is an application only. Police do not have the authority or power to grant a final Apprehended Domestic Violence Order. They do, however, have the power to make a provisional order. This means that from the moment Police serve a defendant with a provisional order, that defendant must comply with the Order. The application will then be listed before the Court. 

Sentencing Domestic Violence Matters:

The Crimes (Domestic and Personal Violence) Act 2007 (NSW) at Section 14(4) says that a person who is convicted of contravening an AVO “must be sentenced to a term of imprisonment” if the breaching offence was an act of violence against a person.

Under Section 4A of the Crimes (Sentencing Procedure) Act 1999 (NSW), a Court sentencing a person for domestic violence offences must impose either a sentence of full-time detention (Gaol) or a supervised order. If the Court is satisfied that a different sentencing option is more appropriate (such as community corrections orders or conditional release orders), they can impose that sentence, however, they must give reasons for doing so. Further, Section 4B of the Crimes (Sentencing Procedure), Act 1999 (NSW) Court must consider the safety of the victim before imposing a Conditional Release Order, Community Corrections Order or Intensive Corrections Order. A Court cannot impose an Intensive Corrections Order on a domestic violence offender unless it is satisfied that the accuser, or any person who is to reside with the offender, is adequately protected.

Recording of Domestic Violence Offences on Criminal Records:

The Crimes (Domestic and Personal Violence) Act 2007 (NSW) recognised that offences committed in a domestic relationship are inherently different from the same offence committed between two people who are not in a domestic relationship. 

Prior to the introduction of this legislation in NSW, a perpetrator of domestic violence may have been convicted of assaulting their partner, but there would be no record that this assault occurred within a domestic relationship. Now, when a person commits domestic violence against their partner, it is recorded “domestic violence” on the offender’s criminal record. 

If you require legal advice, contact Armstrong Legal on 1300 038 223 or send us an email.