Checklist · Family Violence & Protection Orders

National Domestic Violence Order Scheme checklist: recognition, enforcement and variation of interstate and foreign orders

Checklist for a client protected by, or bound by, a domestic violence order made in another Australian jurisdiction or registered from New Zealand: is it recognised in NSW, is it enforceable, and where to vary or revoke it.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
New South Wales, Australia, New Zealand
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 6 authorities it cites, for New South Wales, Australia and New Zealand.
Version
1
Source
Written for this library

When to use it

Use when a client moves to NSW with an order made in another state or territory, when police or a client query whether such an order can be enforced in NSW, or when a client asks to change an order made elsewhere. The section references are to the NSW Act; each participating jurisdiction has matching provisions.

How AI may be used

AI may extract order details from the copy of the order and fill the checklist facts; the lawyer decides recognition, enforceability and the right forum for each order.

AI may

  • Extract the issuing jurisdiction, court, dates, parties and conditions from a copy of the order into the checklist
  • Compare the conditions of two orders between the same parties and list the differences
  • List the facts still needed, such as proof of service in the issuing jurisdiction

AI must not

  • Must not decide whether an order is recognised, enforceable or properly notified
  • Must not state the law of the issuing jurisdiction without the lawyer checking that jurisdiction’s Act
  • Must not process the protected person’s residential address

The lawyer checks

  • The order is a DVO made in a participating jurisdiction or a foreign order registered in one, and its date brings it within the scheme or a declaration (Part 13B Div 6)
  • The defendant was properly notified under the law of the issuing jurisdiction, so the order is enforceable (ss 98ZD, 98ZE)
  • Where two orders exist, which one prevails under s 98ZB, and the client is told
  • The forum for any variation has been chosen with s 98ZO in mind, usually the issuing jurisdiction

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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