Intervention Orders SA: Interim Orders, Contesting, Varying and Revoking
Intervention orders in South Australia
An intervention order can keep a person out of their home, away from their children’s school and away from their firearms, with no end date. Talon Legal acts for people served with interim intervention orders, contests confirmation hearings, and applies to vary or revoke orders that no longer fit. Book a same-day free 30-minute consultation or call (08) 7094 2021 now.
Intervention orders SA snapshot
| Issue | Position in South Australia |
|---|---|
| Governing law | The Intervention Orders (Prevention of Abuse) Act 2009 (SA), version in force from 1 July 2026. |
| Grounds | It is reasonable to suspect the defendant will, without intervention, commit an act of abuse against a person, and the order is appropriate in the circumstances (section 6). |
| Abuse | Physical, sexual, emotional, psychological or economic abuse, including threats, following, surveillance and harmful communications (section 8). |
| Domestic or non-domestic | Abuse is domestic where the parties are or were in a relationship as defined in section 8(8), including partners, family members and people in an ongoing care relationship. Otherwise it is non-domestic (section 8(9)). |
| Police orders | A police officer can issue an interim order if the defendant is present or in custody, with a sergeant's authorisation where needed (section 18). |
| Court orders | On a private application the Court holds a preliminary hearing without summoning the defendant and may issue an interim order (section 21). |
| The hearing | Every interim order requires the defendant to come to court, usually within 8 days. At the hearing the order is confirmed, replaced or revoked (sections 18(3), 21(7) and 23). |
| Standard of proof | Facts are decided on the balance of probabilities (section 28). |
| Duration | No expiry date. An order continues until it is revoked (section 11). |
| Firearms | Every order includes firearms terms: surrender, licence suspension and disqualification (section 14). |
| Changing an order | A defendant can apply to vary or revoke a final order only after the date fixed in it, at least 12 months after it was made (sections 15 and 26(3)). |
| Contravention | A criminal offence. The maximum ranges from 2 years for a program term to 10 years for a violent or repeat contravention a child was likely to be exposed to (section 31). |
| First step | Same-day free 30-minute consultation. Call (08) 7094 2021. |
Served with an intervention order? How the Act works
Intervention orders in South Australia are made under the Intervention Orders (Prevention of Abuse) Act 2009 (SA). This page states the law current to 5 November 2026, using the version of the Act in force from 1 July 2026. An intervention order is not a criminal conviction, but contravening one is a criminal offence (section 31).
This page covers how orders are made, contested, varied and revoked. If you have been charged with contravening an order, see breach of an intervention order. An order is often issued alongside a criminal charge, covered in domestic violence charges, and alongside bail, covered in Bail SA. This page sits within our Criminal Defence practice.
Free Consultation. The first court date on an interim order usually falls within 8 days of service, so early advice matters. Book a same-day free 30-minute consultation or call (08) 7094 2021.
On this page
- Which intervention order issue are you facing?
- What are the grounds for an intervention order?
- What counts as abuse?
- Who can be protected, and who can apply?
- How are interim orders made?
- What terms can an order contain?
- What happens at the confirmation hearing?
- How long does an order last, and can it be changed?
- Can an intervention order be appealed?
- What happens if an order is contravened?
- What has changed recently?
- How similar matters tend to play out
- How we act on an intervention order
- Intervention order case law
- Frequently asked questions
Which intervention order issue are you facing?
Start with where the order is now. Each part of this page covers the provisions, the cases and the practical steps for that stage.
When an order has just been made
Responding to an interim order
Section 23. Consent, a contested hearing, or a substituted order on different terms.
How interim orders are made
Sections 18 and 21. Police orders and court orders made without the defendant present.
When an order is in force
Varying or revoking an order
Sections 15 and 26. The 12 month rule and the substantial change test.
Appealing an order
Permission to appeal and the Supreme Court’s approach.
When police are involved
Charged with a contravention
Section 31. The offence, the penalty tiers and the defences.
Domestic violence charges
Assault, choking and related charges that often come with an order.
What are the grounds for an intervention order?
An intervention order can be issued if it is reasonable to suspect the defendant will, without intervention, commit an act of abuse, and the order is appropriate in the circumstances (section 6). Both limbs must be met. The Supreme Court treats these grounds as exclusive (G v C [2020] SASC 134 at [42] to [43]).
The first limb looks forward. What is required is a reasonable suspicion of future abuse, not proof of past abuse (Rana v Gregurev [2015] SASC 37 at [37]; Cook v Galloway [2015] SASC 36 at [29]). Past conduct can be informative and the best predictor of future behaviour, but the question is whether it is reasonable to suspect abuse if no order is made (JP v Police [2024] SASC 114 at [38]).
The suspicion must rest on facts. In Police v Giles [2013] SASC 11, the Chief Justice said the suspicion should be founded on findings of past fact made on the balance of probabilities, although those facts need not themselves be abuse or recent ([29] to [32]). The Court decides questions of fact on the balance of probabilities (section 28).
The second limb, appropriateness, goes both to whether an order should be made at all and to its precise terms (G v C at [44]). Section 10 lists the principles the issuing authority must take into account. Preventing abuse, and children’s exposure to it, is of primary importance. As far as practicable, an order should also minimise disruption to protected persons and children (section 10(1)). In Giles, the Court said great weight is to be given to the welfare and personal autonomy of the protected person when weighing restrictions on the defendant’s freedom of movement ([42]). In JP v Police, by contrast, an order was quashed. An order should only be made where it is genuinely necessary, and there was only a remote chance the parties would cross paths years after the relationship ended ([45] to [46]).
What counts as abuse?
Abuse may take many forms, including physical, sexual, emotional, psychological or economic abuse (section 8(1)). An act is an act of abuse if it results in, or is intended to result in, physical injury, emotional or psychological harm, an unreasonable and non-consensual denial of financial, social or personal autonomy, or damage to property the person owns, possesses or uses (section 8(2)). Emotional or psychological harm includes distress, anxiety or fear that is more than trivial (section 8(3)).
The Act gives examples of conduct that can cause emotional or psychological harm:
| Conduct | Section 8(4) |
|---|---|
| Following the person | (e) |
| Loitering outside their home or a place they go | (f) |
| Entering or interfering with their property | (g) |
| Sending or publishing offensive material, including online | (h), (i) |
| Communications that could reasonably be expected to cause harm | (j) |
| Keeping the person under surveillance | (k) |
| Racial or other derogatory taunts | (l) |
| Forcing the person to marry | (oa) |
| Threatening to distribute an invasive image | (oc) |
| Other threats of injury, harm or damage | (p) |
Economic and social abuse is covered too, such as withholding financial support needed for reasonable living expenses, preventing someone from working, or cutting them off from family, friends or culture (section 8(5)). Abuse can be committed through another person (section 8(6) and (7)).
Abuse is domestic abuse if the parties are or were in a relationship as defined in section 8(8). That covers spouses, domestic partners, other intimate personal relationships, children and stepchildren, siblings, other relatives, Aboriginal or Torres Strait Islander kinship, and people in an ongoing care relationship. Abuse between people who were never in such a relationship is non-domestic abuse (section 8(9)), such as between neighbours, colleagues or strangers.
Who can be protected, and who can apply?
An order can protect any person against whom abuse is suspected, and any child who may hear, witness or otherwise be exposed to the abuse (section 7(1)). The protected person does not have to be the applicant (section 7(2)). Protected persons can be identified as a class by objective, readily apparent characteristics, such as staff at a particular office (Department of Human Services (Cth) v Fitzpatrick [2018] SASC 180 at [28]).
The people who can apply to the Court are set out in section 20(1):
| Applicant | Section |
|---|---|
| A police officer | 20(1)(a) |
| The person at risk, or a suitable representative with the Court's permission | 20(1)(b) |
| A child who may be exposed to the abuse | 20(1)(c) |
| The Minister, where a State child protection order is in force | 20(1)(d) |
A child aged 14 or older can apply with the Court’s permission. A parent, guardian, person the child lives with or other suitable representative can apply on the child’s behalf (section 20(2)). The applicant must tell the Court about any Family Law Act orders, child protection orders, property orders and other proceedings between the parties (section 20(3)).
How are interim orders made?
Most orders begin as interim orders, made without a full hearing.
Police orders. A police officer can issue an interim intervention order if it appears there are grounds and the defendant is present before the officer or in custody (section 18(1)). An officer below the rank of sergeant needs a sergeant’s authorisation (section 18(2)). The order comes into force when served on the defendant personally (section 18(4)), and on service the officer is taken to have applied to the Court and the defendant is taken to have been summonsed to appear (section 18(5)). The defendant must give police an address for service (section 18(7)).
Court orders. On a private application, the Court holds a preliminary hearing as soon as practicable, without summoning the defendant (section 21(1)). It can issue an interim order if there appear to be grounds, or dismiss the application as frivolous, vexatious, without substance or without reasonable prospects (section 21(3)). For non-domestic applications by private applicants, the Court considers whether mediation is appropriate and whether the application is a cross application (section 21(4)). There is a presumption against dismissal where the applicant alleges personal violence or stalking and harassment (section 21(5)).
The defendant is not summoned to the preliminary hearing on a private application, and the Supreme Court has said that a private interim order may be made ex parte (AB (A Pseudonym) v YZ (A Pseudonym) [2025] SASC 126 at [42]). Some limits apply:
- The Court can act on affidavit evidence alone only if the application is made by police or a person introduced by police (section 21(6)). An interim order issued on a private applicant’s affidavit alone was quashed in BC v MC [2024] SASC 81 ([51] to [52], [54]).
- An applicant does not owe a duty of full and frank disclosure like an applicant for an injunction. The evidence must still be truthful, and the Court must not be misled (Shahin v El-Shafei [2018] SASC 167 at [76], [85]).
- If a private application is dismissed at the preliminary hearing, a further application can be made, because the dismissal is interlocutory (Kiparoglou v Fantinel [2021] SASC 90 at [2] to [3]).
An interim order issued by the Court comes into force when it is served, which can be personally, in another manner the Court authorises, or by the defendant being present when it is made (section 21(8) and (8a)). Every interim order requires the defendant to appear before the Court within 8 days, or within 2 days after the Court next sits at that place (sections 18(3)(d) and 21(7)(c)).
What terms can an order contain?
An intervention order can impose any of the prohibitions and requirements listed in section 12(1):
| Term | Section 12(1) |
|---|---|
| Not to be on or near premises where a protected person lives or works | (a) |
| Not to be on or near other specified premises a protected person goes to | (b) |
| Not to be in a specified locality | (c) |
| Not to approach within a specified distance of a protected person | (d) |
| Not to contact, harass, threaten or intimidate a protected person, or anyone at their home or workplace | (e) |
| Not to damage specified property | (f) |
| Not to take specified property a protected person reasonably needs | (g) |
| Not to cause or allow another person to do any of those things | (h) |
| To surrender specified weapons or articles | (i) |
| To return specified property, or allow access to it | (j), (k) |
| Any other requirement to take, or not take, specified action | (l) |
An order can specify conditions under which a prohibition does not apply (section 12(2)), which is how contact for child handovers or through lawyers is usually allowed. An order can exclude a defendant from premises even if they own or rent them (section 12(5)). While such an order is in force, the protected person can change the locks, and the defendant cannot end the tenancy before the final hearing (section 12(6)). A Court order can also require an assessment for, or participation in, an intervention program (section 13).
Every order must include the firearms terms: surrender of any firearm, ammunition, firearm part, licence or permit; suspension of any licence; disqualification from holding one; and a prohibition on possessing a firearm at work (section 14(1)). The Court need not include them in a final order only if satisfied the defendant has never been guilty of violent or intimidatory conduct and needs a firearm to earn a livelihood (section 14(2)). An order is invalid to the extent it is inconsistent with certain Family Law Act orders, although the Court can resolve the inconsistency (section 16(1)).
What happens at the confirmation hearing?
At the hearing the Court can confirm the interim order as a final order, issue a final order on different terms in its place, or dismiss the application and revoke the interim order (section 23(1)). If the defendant fails to appear, the order can be confirmed in their absence (section 23(2)).
There are three common paths:
- Consent without admissions. A defendant who disputes the grounds can still consent to the order, and the Court can then confirm it without hearing evidence about the grounds (section 23(3)).
- Consent to different terms. The parties can agree on a substituted final order, for example with exceptions for child contact or a smaller exclusion zone (section 23(1)(b)).
- A contested hearing. The applicant must establish the grounds in section 6 on the balance of probabilities, and the defendant can give evidence.
Consent needs proper advice. In Hame v Police [2023] SASC 131, an order was confirmed by consent as the price of withdrawing an assault charge, after advice that the defendant could not challenge the complainant’s account. The Chief Justice explained that the confirmation could have been contested, with the complainant questioned or her recorded account used, and the defendant giving his own account ([9]). The confirmation was set aside for want of full advice on the alternatives ([10] to [11]). A consent can sometimes be withdrawn: the Supreme Court has compared withdrawing a section 23(3) consent to withdrawing an admission in civil proceedings, not to withdrawing a guilty plea (Groom v Police (No 3) [2013] SASC 93 at [43] to [44]).
At a contested hearing the Court can order special arrangements for the evidence of the alleged victim or a child, such as CCTV, screens or a support person (section 29(1) and (2)). A defendant cannot personally cross-examine the alleged victim or a child. Cross-examination is by counsel or, for an unrepresented defendant, by submitting questions to the Court (section 29(4)).
How long does an order last, and can it be changed?
An intervention order has no end date. It continues in force until it is revoked, and the issuing authority cannot fix an expiry date (section 11).
The Court can vary or revoke an order on the application of police, a protected person, the Minister in child protection cases, or the defendant (section 26(1)). The defendant’s position is restricted:
| Rule | Section |
|---|---|
| A defendant can only apply after the date fixed by the order, which must be at least 12 months after it was issued or varied | 15, 26(3) |
| If no date is fixed, the date is 12 months after issue or variation | 15(3) |
| A defendant's application can be dismissed without hearing the protected person if it is frivolous or vexatious, or there has been no substantial change in the relevant circumstances | 26(4) |
| The Court must hear police, the defendant and each protected person, and consider the same matters as on making an order | 26(5) |
| The firearms terms can only be removed on the section 14(2) test | 26(6) |
The substantial change test is a ground for summary dismissal, not a threshold for every application (G v C [2020] SASC 134 at [30] to [36]). On a variation or revocation application the Court considers the same matters as when making an order, which bears on both revocation and the terms ([39] to [40]). In G v C, the Supreme Court allowed the appeal and varied the final order ([67] to [70]).
An interim order obtained on inaccurate or incomplete information can be set aside. In Shahin v El-Shafei, the Court concluded that the Magistrates Court’s general power to set aside orders in the interests of justice was available to revoke an interim order ([112]). It upheld a revocation made because the Court had been given inaccurate or incomplete information ([114] to [118]).
Can an intervention order be appealed?
Yes, with permission. A final order is treated as interlocutory because it can be varied or revoked, so permission to appeal is required (White v Police [2018] SASC 124 at [20] to [22]). An order made after a contested hearing carries restrictions, firearms terms, criminal consequences and effects on bail. The Supreme Court has said those features show special reasons where there is an arguable case (White at [24] to [25]). For a confirmation order, an arguable case by itself will generally be enough (Thakur v Police [2016] SASC 75 at [26]).
An appeal from a confirmation made by consent can succeed where the consent was not freely given, for example because it was not properly informed (Thakur at [38]). An appeal out of time needs an extension, which was granted in JP v Police ([48]) and refused in AB v YZ ([74]).
What happens if an order is contravened?
Contravening an intervention order is a criminal offence (section 31). Police can arrest without a warrant if they have reason to suspect a contravention (section 36(1)). The penalties depend on the term and the conduct:
| Contravention | Maximum penalty | Section |
|---|---|---|
| A term requiring an intervention program assessment or program | $2,000 or 2 years | 31(1) |
| Any other term | 3 years, or 5 years if a child was likely to be exposed | 31(2), (5) |
| A second or subsequent contravention, or one involving physical violence or a threat of physical violence | 7 years, or 10 years if a child was likely to be exposed | 31(2aa), (5) |
A protected person cannot give permission for a contravention (section 17(c)), and a protected person is generally not guilty of aiding a contravention of their own order (section 31(3)). A contravention involving violence or threats also makes the defendant a prescribed applicant for bail (Bail Act 1985 section 10A(2)(ba)). A refusal of bail can be challenged on a bail review. The breach of an intervention order guide covers the offence, defences and sentencing.
Orders made in other participating Australian jurisdictions are recognised domestic violence orders in South Australia (section 29D). Reports identifying protected persons, witnesses or children cannot be published without consent (section 33).
What has changed recently?
- 1 July 2026. The relationship of carer in section 8(8)(k) became “an ongoing care relationship” within the meaning of the Carers Recognition Act 2005 (Carers Recognition (Miscellaneous) Amendment Act 2025).
- 8 June 2025. The presumption against dismissing an application in section 21(5) now refers to the offence of stalking and harassment under section 19AA of the Criminal Law Consolidation Act 1935, previously described as stalking.
- 22 March 2024. Section 31(2ab) was amended and section 31(2ac) and section 31A inserted, dealing with people convicted under section 31(1) whose contravention was of a different term.
- 4 April 2022. The penalties in section 31 were increased and the aggravated form, where a child is likely to be exposed, was inserted (section 31(5)).
Two amending Acts had not commenced on 5 November 2026 and are not reflected on this page: the Criminal Law Consolidation (Coercive Control) Amendment Act 2025, which will amend section 8(8), and the Children and Young People (Safety and Support) Act 2025.
How similar matters tend to play out
Three illustrations of how the Act applies on ordinary facts. They are not predictions. The result depends on the evidence, the history and the Court.
Lower range. A neighbour obtains an interim order after an argument over a fence. The defendant has no record and there has been no further contact. At the confirmation hearing the Court must be satisfied it is reasonable to suspect future abuse, and as JP v Police shows, an order should only be made where it is genuinely necessary. Mediation and the history of the dispute are relevant (section 21(4)).
Middle range. Police issue an interim order after a separated couple argue at a child handover. The defendant disputes the account but wants to keep seeing the children. A substituted order with an exception for handovers through a third party, consented to without admissions under section 23(3), is a common resolution.
Upper range. A man is served with a police order that excludes him from the home he owns and requires surrender of his firearms after an alleged assault, and is charged with assault at the same time. The firearms terms apply regardless of ownership (section 14), and the exclusion applies despite his interest in the home (section 12(5)). Any consent to the order should be considered with advice on the criminal charge, as Hame v Police shows.
How we act on an intervention order
An intervention order can change where a person lives, whether they see their children and whether they keep their job. We work out early whether to contest, negotiate terms or consent, and what that means for any criminal charge.
| Stage | What happens | What we do |
|---|---|---|
| Service | An interim order is served and acts as a summons, usually within 8 days. | Read the order and the application, explain what the terms prohibit, and advise on compliance from day one. |
| First hearing | The defendant appears; the order can be confirmed, replaced or contested. | Advise on consent without admissions, negotiated terms or a contested hearing, and how each affects any criminal charge. |
| Contested hearing | The applicant must prove the grounds on the balance of probabilities. | Test the evidence, prepare the defendant's account and witnesses, and argue that an order is not reasonable or appropriate. |
| Final order | The order continues until revoked. | Seek exceptions for children, work and property, and advise on the firearms terms. |
| Later | Variation or revocation after the fixed date, or an appeal with permission. | Prepare the application with evidence of the changed circumstances, or the appeal on an arguable case. |
We cannot promise that an order will be refused or revoked, and no lawyer can. We can make sure the Court decides it on the evidence and on terms that work in real life.
Every day matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.
Intervention order case law
These are the Supreme Court decisions this page relies on. The case notes state what each court decided.
| Case | Court | Principle | Pinpoint |
|---|---|---|---|
| Police v Giles [2013] SASC 11 | Supreme Court | Suspicion founded on facts found on the balance of probabilities; great weight to the protected person's welfare and autonomy | [29] to [32], [42] to [43] |
| Cook v Galloway [2015] SASC 36 | Supreme Court | Two inquiries: reasonable suspicion of future abuse, and appropriateness | [29] |
| Rana v Gregurev [2015] SASC 37 | Supreme Court | Reasonable suspicion of future abuse, not proof of past abuse | [37] |
| G v C [2020] SASC 134 | Supreme Court | Grounds are exclusive; appropriateness goes to whether and on what terms; same matters on variation | [30] to [36], [39] to [44], [67] to [70] |
| JP v Police [2024] SASC 114 | Supreme Court | Section 6 looks forward; orders only where genuinely necessary | [38], [45] to [46] |
| BC v MC [2024] SASC 81 | Supreme Court | Affidavit evidence alone only for police applications | [51] to [52], [54] |
| AB (A Pseudonym) v YZ (A Pseudonym) [2025] SASC 126 | Supreme Court | A private interim order may be made ex parte | [42], [74] |
| Shahin v El-Shafei [2018] SASC 167 | Supreme Court | No injunction-style disclosure duty, but evidence must be truthful; interim order set aside in the interests of justice | [76], [85], [112], [114] to [118] |
| Kiparoglou v Fantinel [2021] SASC 90 | Supreme Court | Dismissal of an ex parte application is interlocutory; a further application may be made | [2] to [3] |
| Department of Human Services (Cth) v Fitzpatrick [2018] SASC 180 | Supreme Court | Protected persons may be identified as a class | [28] |
| Hame v Police [2023] SASC 131 | Supreme Court | Consent confirmation set aside for want of full advice on the alternatives | [9] to [11] |
| Groom v Police (No 3) [2013] SASC 93 | Supreme Court | Withdrawing a section 23(3) consent is like withdrawing a civil admission | [43] to [44], [46] to [48] |
| Thakur v Police [2016] SASC 75 | Supreme Court | An arguable case generally enough for permission; consent not freely given | [26], [38] |
| White v Police [2018] SASC 124 | Supreme Court | A final order is interlocutory; its seriousness supplies special reasons where arguable | [20] to [25] |
Case notes
Police v Giles [2013] SASC 11
This was a police appeal against a refusal to confirm. Kourakis CJ said the primary ground is a reasonable suspicion of future abuse, founded on findings of past fact made on the balance of probabilities. Those facts need not themselves be abuse or be recent ([29] to [32]). Once the suspicion was formed there was no reason not to make the order, because great weight is given to the protected person’s welfare and personal autonomy ([42]). The interim order was confirmed ([43]).
Cook v Galloway [2015] SASC 36
Nicholson J said that confirmation involves two inquiries: whether it is reasonable to suspect the defendant will, without intervention, commit an act of abuse, and whether the order is appropriate ([29]). On the evidence the suspicion was not reasonable, and the refusal to confirm stood.
Rana v Gregurev [2015] SASC 37
Peek J said that what is required is not past abuse but a reasonable suspicion of future abuse without intervention, together with appropriateness ([37]). The appeal against the refusal of an interim order was dismissed.
G v C [2020] SASC 134
Peek J held that the substantial change test in section 26(4)(b) is a ground for summary dismissal, not a threshold for every application ([30] to [36]). On variation or revocation the Court considers the same matters as on making an order ([39] to [40]). The section 6 grounds are exclusive, and appropriateness goes to both whether an order is made and its terms ([42] to [44]). The appeal was allowed and the final order varied ([67] to [70]).
BC v MC [2024] SASC 81
McDonald J held that section 21(6), allowing an interim order on affidavit evidence, applies only to applications by police or a person introduced by police. That reflects the role of police or a magistrate as gatekeeper ([51] to [52]). An interim order issued on a private applicant’s affidavit alone was an error and was quashed ([54]).
AB (A Pseudonym) v YZ (A Pseudonym) [2025] SASC 126
The defendant argued he should have had notice before a private interim order application was heard. The Court rejected that argument, reasoning that the Act contemplates a private interim order being made ex parte ([42]). An extension of time and permission to appeal were refused, and the appeal was dismissed ([74]).
Shahin v El-Shafei [2018] SASC 167
Parker J said that an applicant for an interim order is not required to make full and fair disclosure in the way an applicant for an ex parte injunction must ([76]). The evidence must still be truthful, and the Court cannot be intentionally or recklessly misled ([85]). The Magistrates Court’s general power to set aside orders in the interests of justice, then section 76A of the Summary Procedure Act 1921, was available to revoke an interim order ([112]).
Kiparoglou v Fantinel [2021] SASC 90
Kourakis CJ said that the dismissal of an ex parte application is interlocutory because the respondent is not present ([2]). Another application can be made, although the Court may insist on a change in circumstances to prevent abuse of process ([3]). Permission to appeal was refused.
Department of Human Services (Cth) v Fitzpatrick [2018] SASC 180
Kourakis CJ held that an order identifying protected persons as a class by objective, readily apparent characteristics properly identifies them for the purposes of the Act ([28]). The appeal was allowed and the application was sent back for hearing.
Hame v Police [2023] SASC 131
An order was confirmed by consent when an assault charge was withdrawn, after advice that the defendant could not contest the complainant’s account. Kourakis CJ explained how a contested confirmation would have run ([9]), found a miscarriage of justice for want of full advice on the alternatives ([10]), set aside the confirmation and remitted the matter ([11]).
Groom v Police (No 3) [2013] SASC 93
Sulan J said that withdrawing a section 23(3) consent is not like withdrawing a guilty plea; the better analogy is withdrawing an admission in civil proceedings ([43] to [44]). The defendant, who had consented while in custody and unrepresented, was permitted to withdraw his consent ([46] to [48]).
Thakur v Police [2016] SASC 75
Stanley J said that for permission to appeal a confirmation order, an arguable case by itself will generally be enough ([26]). An appeal from a section 23(3) confirmation will be allowed where consent was not freely given, such as where it was not properly informed ([38]). On the facts consent was informed, and the appeal was dismissed.
White v Police [2018] SASC 124
Nicholson J held that a final order made after a contested hearing is interlocutory, so special reasons must be shown for permission ([20] to [22]). The order’s restrictions, firearms terms, criminal consequences, effect on bail and the 12 month bar on variation together supply special reasons where there is an arguable case ([24] to [25]). Permission was granted and the appeal dismissed.
Frequently asked questions
How long does an intervention order last in South Australia?
Until it is revoked. An intervention order has no expiry date, and the issuing authority cannot set one (section 11 of the Intervention Orders (Prevention of Abuse) Act 2009).
Can an intervention order be made without the defendant being told?
Yes. On a private application the Court holds a preliminary hearing without summoning the defendant (section 21(1)), and the Supreme Court has said a private interim order may be made ex parte. The defendant then has the chance to respond at the confirmation hearing.
Do you have to go to court for an intervention order?
Yes. An interim order acts as a summons to appear, usually within 8 days (sections 18(5) and 21(9)), and if the defendant does not appear the order can be confirmed in their absence (section 23(2)).
Can an intervention order be contested?
Yes. At the confirmation hearing the applicant must establish the grounds in section 6, and the Court decides the facts on the balance of probabilities (section 28). The Court can confirm the order, substitute different terms, or dismiss the application and revoke the interim order.
Is consenting to an intervention order an admission?
No. A defendant who disputes the grounds can consent, and the Court can confirm the order without hearing evidence about the grounds (section 23(3)). Consent should be given only after advice, because the order continues until revoked.
Does an intervention order give you a criminal record?
An intervention order is not a conviction. The Supreme Court has noted that an order appears on police records, including clearance checks, and that contravening it is a criminal offence.
Can the protected person agree to contact?
No. A protected person cannot give permission for a contravention (section 17(c)). Only the Court can change the terms, by varying the order under section 26.
What happens to firearms when an intervention order is made?
Every order includes firearms terms: firearms, ammunition, parts, licences and permits must be surrendered, any licence is suspended and the defendant is disqualified while the order is in force (section 14(1)). The Court can leave them out of a final order only in narrow circumstances (section 14(2)).
Can an intervention order stop someone going home?
Yes. An order can prohibit the defendant from being on or near premises where a protected person lives, even if the defendant owns or rents them (section 12(1)(a) and (5)).
How do you get an intervention order revoked?
By applying to the Court under section 26. A defendant can apply only after the date fixed in the order, at least 12 months after it was made or last varied (section 15). The application can be dismissed summarily if there has been no substantial change in the relevant circumstances (section 26(4)).
Can police issue an intervention order?
Yes. A police officer can issue an interim order if there appear to be grounds and the defendant is present or in custody, with a sergeant’s authorisation where needed (section 18). The matter then goes to the Magistrates Court.
Does an interstate intervention order apply in South Australia?
Yes. A domestic violence order made in another participating Australian jurisdiction is a recognised domestic violence order in South Australia (section 29D).
Can an intervention order be appealed?
Yes, with the Supreme Court’s permission. For a confirmation order an arguable case will generally be enough, and appeals from consent confirmations can succeed where the consent was not properly informed.
Do I need a lawyer for an intervention order?
The first hearing usually comes within 8 days, and decisions made there, such as consenting, can last for years and affect a criminal charge. We can advise before the hearing and appear on it. Call (08) 7094 2021.
South Australian courts we attend for intervention orders
We appear on intervention order matters in the Adelaide Magistrates Court and the suburban and regional Magistrates Courts listed below, and on appeals in the Supreme Court.
Courts we attend
Book a same-day free 30-minute consultation or call (08) 7094 2021.