At any time after the issuing of an intervention order, the police, a protected person or their representative may apply to the Magistrates Court to vary (change) or revoke (cancel) the intervention order. If the protected person is under the age of 14, a parent or representative may apply on their behalf. The police usually require that the protected person receive counselling before they will assist with an application to revoke (cancel) an order.
If the defendant wishes to apply to have the order varied or revoked, they must wait until the date set in the order. If there is no date in the order, the defendant must wait 12 months before applying for variation or revocation [see Intervention Orders (Prevention of Abuse) Act 2009 s 15].
Generally, when an application for variation or revocation is made, the Magistrates Court must allow the defendant and each person protected by the order a reasonable opportunity to be heard on the matter. However, on an application by the defendant, the Court may dismiss the application without hearing evidence from the protected person if satisfied that the application is frivolous or vexatious, or if there has been no substantial change in the relevant circumstances since the order was issued or last varied.
An intervention cannot be varied by removing a firearms term unless the court is satisfied that the defendant has never been guilty of violent or intimidating conduct and needs a firearm to earn a livelihood.
A varied order only takes effect when served upon the defendant.
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