Domestic Violence: Monitoring Device Conditions

Domestic Violence: Monitoring Device Conditions

Under the Domestic and Family Violence Protection Act 2012, the Court may include a condition on a Protection Order that provides the respondent to wear a monitoring device for a stated period of time.

The Court can order this if the respondent is an adult, and the Court is satisfied that:

1. The monitoring device is necessary or desirable to protect the aggrieved from domestic violence, a named person from associated domestic violence, or a named person who is a child from being exposed to domestic violence; and
2. Either
   1. The respondent has been convicted of or is charged with a domestic violence offence or indictable offence against another person; or
   2. There is a history of charges for domestic violence offences made against the respondent; and
3. The respondent is not required by a court or other entity to wear an electronic monitoring device for the purpose of an entity finding or monitoring the respondent’s geographical location.

The monitoring device condition is only to be imposed for the period of time the court considers reasonably necessary.

The court must give reasons for imposing the monitoring device condition.

The things the court must consider when looking to impose the monitoring device condition are:

• The personal circumstances of the respondent and the area where the respondent lives and the respondent’s living arrangements
• The respondent's ability to charge and maintain the device
• Any views or wishes expressed by the aggrieved or named person regarding imposing the condition on the respondent
• Any other matter prescribed by regulation under this section of the act.

The Court may ask a prescribed entity or other entity prescribed by regulation to provide information that the Court reasonable considers:

• Is likely to be in the entity’s possession
• May help the court in deciding if it's necessary or desirable to import the monitoring device condition on the respondent

If the Court is satisfied that monitoring the device condition is necessary or desirable, the Court may also impose any other condition that the court Considers necessary to facilitate the operation of the monitoring device (ie. For the respondent to attend a specific place for the device to be fitted and a condition that requires the respondent to keep the monitoring device in good working condition).

The chief executive may also ask a prescribed entity to:

• Fit the device on the respondent
• Remotely monitor the device
• Provide the aggrieved with a safety device or named person
• Remotely monitor the safety device
• Contact the respondent in relation to an alert or notification of the monitoring device
• Contact the aggrieved in relation to an alert or notification of the safety device
• Give information relating to alerts and notifications from the monitoring device to another prescribed entity.