On December 9 the new Domestic Violence Legislation, the Intervention Orders (Prevention of Abuse) Act 2009 (IO Act) comes into effect. This Act replaces the Domestic Violence Restraining Orders.
The main changes are:
A definition of abuse that includes not only physical injury and damage to property, but also, specifically, emotional or psychological harm and an unreasonable and non-consensual denial of financial, social or personal autonomy
Improved police powers to intervene in situations of domestic or personal abuse, including the power to issue an interim intervention order, to direct a person to remain in a certain place and if necessary to detail the person while arrangements are made to protect the victim or to facilitate the preparation and service of orders
A power in the court when the protected person and the defendant live in rented premises under a tenancy agreement to which the defendant is party, and when the intervention order excludes the defendant from those premises, to assign the tenancy to the protected person or other persons (not including the defendant), in circumstances where it would be unreasonable for a landlord to withhold consent to the assignment
