To find out if someone has an AVO in Australia, you can inquire through police checks. Australia has strict privacy laws, so you can only get a copy of your own criminal record. If you want to know if someone else has been convicted of a crime, you can’t look at their record unless you are a business or an employer.
At the moment, the Right to Ask Scheme is receiving massive support from lawmakers.
This would allow people to make informed decisions about whether they would still trust someone who has been served with an AVO before.
Once enacted, the police officer will be given the right to inform potential victims of domestic violence about their partner’s AVO history and records.
What Is the “Right to Ask Scheme”?
According to the NSW Liberal and Nationals Government, the Right to Ask Scheme once passed as a law, will give the NSW Police a chance to tell a person who might be a victim of domestic violence about their partner’s history of violent or abusive behaviour.
It is similar to the UK’s Clare’s Law, which aims to help people at risk of domestic violence make decisions about their relationships based on facts.
Clare’s law is named after Clare Wood, a woman from Yorkshire who was killed by her ex-boyfriend, a violent man known to the police officers, in 2009.
However, the Right to Ask Scheme would affect the defendant’s right to privacy.
There were also some concerns about people who don’t know the defendant well enough to be in a relationship with them and could potentially obtain their history or records and use them to do something illegal.
Even though criminal penalties have been proposed for malicious applications to obtain the records and history of the defendant, it is still unclear what the penalty will be for this offence.
Without substantial penalties, no one would be discouraged from finding out if someone has an AVO and using it against them.
It also needs to be clear how the police could prove an application was unsafe without telling the person’s partner about it. Telling a person’s partner about a request could endanger the person who requested it.
AVO Appearing on a Police Check
A final AVO issued against a defendant will be recorded in their court file and may be included in their criminal history.
That’s how to find out if someone has an AVO NSW.
Still, AVO typically does not appear on their criminal record or appear in a criminal record check.
However, if the defendant violates the conditions of the AVO and is charged with a criminal offense, such as contravening the AVO; in that case, that offense may be recorded on their criminal record.
Defending Against Malicious Applications: Protecting Defendants in Right to Ask Scheme
Currently, the law isn’t clear about how to protect the defendant’s rights against a malicious application.
However, they can protect themselves by getting legal advice once they find out that the records were illegally obtained by someone unrelated to them.
In this way, an AVO lawyer can intervene and represent their best interests.
How to find out if someone has an AVO – police checks.
Keep in mind, though, that Australia has strict privacy laws, so you can only get a copy of your own criminal record.
According to the NSW Liberal and Nationals Government, the Right to Ask Scheme, once passed as a law, will give the NSW Police a chance to tell a person who might be a victim of domestic violence about their partner’s history of violent or abusive behaviour.
At Justice Family Lawyers, we understand your situation as an AVO defendant, and we are committed to providing our clients with the highest quality legal advice and representation.
Our AVO lawyers and practitioners are highly experienced and knowledgeable in family law matters, and we are committed to helping our clients receive the best possible outcome.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.