NSW New Rules for People Filing Private AVO Applications

Evidence Based AVO Amendment Bill 2025

Independent Bill

12 Nov 2025: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Council

Legislative Assembly

Assent

Share this bill

Email Facebook X Bluesky

Topics

apprehended violence orders court applications domestic violence personal violence protection orders

Introduced by: Mark Latham MLC (IND)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

people who want to file a private apprehended violence order (AVO) application — rather than having police do it — must first obtain written approval from a Local Court judge
the judge can only grant approval if they can identify evidence that NSW Police failed to consider, or did not consider reasonably, when deciding not to pursue the AVO — creating a significant new hurdle for private AVO applicants

News articles and press releases

Evidence Based AVO Amendment Bill 2025

The Hon. MARK LATHAM — 2025-11-12

It is designed to ensure private apprehended violence order [AVO] applications in New South Wales only proceed on the basis of prima facie reasons for their acceptance, processing and consideration. That is why it is called the Evidence Based AVO Amendment Bill. It makes a one‑sentence change to the Crimes (Domestic and Personal Violence) Act 2007 at section 48, "Making a private application for an order". At subsection (2 - a), after the words "a person for whose protection the order would be made", it inserts: