South Australians who pursue a private intervention order in domestic and family violence matters will have the court fee waived from the start of next year.
Minister Josh Teague said this change has been made following consultation with key advocates and stakeholders.
“No victim of domestic or family violence should be forced to pay $297 to protect themselves from harm,” Minister Teague said.
“Removing this fee, removes one more barrier for South Australians who feel threatened at home,” he said.
While almost all intervention orders (90%) are applied for by police and are therefore free for the victim, there are circumstances where an individual may privately pursue an Intervention Order. This includes instances when police do not feel they have enough evidence to make a successful application.
Private intervention orders currently have an application fee of $297, and can be applied for in domestic violence matters, but also neighbour disputes. Perpetrators may also apply to vary or revoke an intervention order, with the same fee applying.
The Marshall Liberal Government has worked closely with the Law Society of South Australia, the Legal Services Commission, the Courts Administration Authority and Uniting Communities to investigate the removal of this fee for domestic and family violence matters.
“We want to strike the right balance. A blanket removal would likely see an increase in unmeritorious applications, particularly from perpetrators who would seek to vary or revoke intervention orders to further traumatise and control a victim,” Minister Teague said.
Assistant Minister for Domestic and Family Violence Prevention Carolyn Power said the Marshall Liberal Government is delivering effective reform to address domestic and family violence.
“The Marshall Liberal Government has worked closely with the sector since day one, listening to those at the front line and with lived experience, to ensure we can effectively support those experiencing domestic and family violence, avoid unintended consequences, and help stop it at the start,” the Assistant Minister said.
“We’ve backed up nation-leading initiatives with record funding to help more people where it’s needed most.
“Our priority has been, and continues to be, for all South Australians to be safe in our community and safe in their homes – and if you are at risk of domestic family violence, support is available and ready for you,” she said.
The fees will be removed via Gazettal by amending the Magistrates Court (Fees) Notice 2020.
It is anticipated this will occur early in the new year.
At-risk South Australians who need support are urged to call:
SA Domestic Violence Crisis Line: 1800 800 098
Men’s Referral Service: 1300 766 491
RESPECT hotline: 1800RESPECT (737 732)
Break the Cycle: https://breakthecycle.sa.gov.au/
