NOTICE OF ERROR
OFFENCE OF BREACHING SECTION 31 OF
INTERVENTION ORDERS (PREVENTION OF ABUSE) ACT 2009
BETWEEN DECEMBER 2011 – JANUARY 2020
It has been identified that between December 2011 and January 2020, an error occurred in relation to some breaches of section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 (the Act).
During that period, multiple persons were charged with and found guilty of an offence of breaching section 31(1) of the Act that did not involve a contravention of a term of an intervention order imposed under section 13 (relating to failure to comply with requirements to participate in an intervention program). They may instead have been charged with the more serious offence of breaching any other term of an intervention order under section 31(2) of the Act.
Those persons were not exposed to a greater penalty than they would have been liable to, had they been charged with and found guilty of an offence under s31(2) of the Act. Although the defect may be regarded as being inconsequential, review proceedings may be available.
The Government has today introduced legislation (the Intervention Orders (Prevention of Abuse) (Section 31 Offences) Amendment Bill 2024) that establishes a legislative scheme regarding any review proceedings which may be brought against these historical convictions.
An extension of time to commence a review proceeding would be required before any appeal could proceed.
The scheme includes a process for commencement of a fresh prosecution for a section 31(2) offence for the same conduct to be heard and determined by the Court that is dealing with any appeal or review by a defendant and provides for the off-setting of the previously imposed penalty against any sentence imposed in the fresh section 31(2) proceedings.
Further information regarding the Bill is available at:
Individuals identified as potentially affected by this error are being contacted directly, as well as their last nominated legal representative and key stakeholders.
For further information, please contact CourtSA Registry Services by telephone 08 8204 2444, Freecall 1800 571 191 or email enquiry@courts.sa.gov.au