Policy Bulletin 2025/11: Criminal law policy – Serious Domestic Abuse Prevention Order scheme

29 September, 2025

The Legal Aid NSW Board has approved a new policy to cover the Serious Domestic Abuse Prevention Order scheme.

Background

The Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024 (the Act) passed through the NSW Parliament on 24 September 2024. On 29 September 2025, the provisions relating to a new civil protection order scheme – referred to as the Serious Domestic Abuse Prevention Order (SDAPO) scheme – will commence as new Part 10A of the Crimes (Domestic and Personal Violence) Act 2007.

What are SDAPOs?

SDAPOs are designed to complement the apprehended domestic violence order (ADVO) regime as a more serious order that will enable greater police supervision and monitoring. One of the key differences is that while ADVOs protect specific persons, SDAPOs may be made to protect any potential future intimate partners, as well as current and former partners and family members.

Eligible defendants

The two cohorts of offender/accused who may be the subject of an application for a SDAPO:

• The “conviction” cohort – a person who is 18 or over who, when at least 16 years of age, has been convicted of 2 or more DV offences (against an intimate partner or family member) with a maximum penalty of at least 7 years’ imprisonment. These matters will be heard as application proceedings in the Local Court.
• The “non-conviction” cohort – a person who is 18 or over who, when at least 16 years of age, has been involved in “serious domestic ‘abuse activity’ with a maximum penalty of at least 14 years’ imprisonment, committed against a family member or an intimate partner. This applies whether or not the person has been tried, or tried and acquitted, or was convicted but subsequently had that conviction quashed or set aside. These matters will be heard in the Supreme Court.

Start date

The changes apply to applications determined on and after 29 September, 2025.

Contact

For further information, contact the Client Eligibility Unit at: T-CEU@legalaid.nsw.gov.au.