Apprehended Personal Violence Orders (APVO)

If you know the perpetrator and you fear for your safety you can apply for an Apprehended Personal Violence Order (APVO). APVOs are court orders designed to protect you from physical assault, stalking, harassment, intimidation or damage to property. It is possible to get an APVO to protect you from a range of people including neighbours and colleagues. If the perpetrator is a partner, ex-partner, family member or flatmate the order you will be given will be called an Apprehended Violence Order (AVO). In other respects the AVO is the same as an APVO.

APVOs can be tailor made to suit the situation - they can include restrictions so that the perpetrator doesn’t come to your home or work, can’t call you and so on. Other people, like your partner, friends or family members, may be added to the order too if it is believed that they need protection. The order does not give the defendant a criminal record unless they breach it. Breaching and APVO or AVO can result in the perpetrator being fined or jailed.

To get an APVO you should contact the police or your local court to make an appointment to see the chamber magistrate who can initiate an APVO. This is called an interim (temporary) APVO and is not effective until it is served (given to) the defendant.

Web: http://www.lawlink.nsw.gov.au/lawlink/victimsservices/ll_vs.nsf/pages/VS_avos

Criminal Action/ reporting to police

Criminal action can be taken against someone who has broken the law (for example, assault, stalking and property damage). The outcome of taking criminal action may result in the perpetrator being fined or imprisoned.

The first step in taking criminal action is to report the incident to the police. If you prefer you can request to speak with a police Gay and Lesbian Liaison Officer (GLLO). To find out where your nearest GLLO is, call the NSW police switchboard on (02) 9281 0000.

Web: http://www.acon.org.au/anti-violence/report-to-police

Civil Action

Civil action may be taken against someone if they have caused you some kind of loss or injury. If you know the identity of the person responsible and they have assets you may consider suing them in the civil courts for damages (money) to compensate you for the suffering caused. Depending upon the situation you may sue the offender as well as others who may bear some responsibility for the incident. For example, if you are assaulted in a bar and it can be shown that the management let in a group of drunken homophobes it may be possible to sue the proprietors for negligence.

The time limit for taking this kind of action is three years from the time of the incident.

Victims compensation

If you have been the victim of an act of violence (in NSW), you may be able to claim compensation from the Victims Compensation Tribunal (VCT) for the physical or psychological harm you have suffered as a result. The claim could also include a claim for loss of earnings and other expenses incurred as a result of the assault, such as damaged clothing.

Applications for compensation must be lodged with the VCT within two years of the date of the incident. The incident must also be reported to the police as soon as possible and it is important to see a medical practitioner so any injuries can be documented.

Victims of crime can also apply for counselling with a VCT approved psychologist.

Web: www.lawlink.nsw.gov.au/vs

Private lawyers/solicitors

If you don’t have your own solicitor there are a number of firms that do a lot of work within the GLBT community. Look in your local gay and lesbian press for details of supportive lawyers or check out the Attorney Listings, New South Wales page.

Community legal centres (CLC)

CLCs provide free legal advice, referrals and some representation to people who live and work in their area. There are 36 CLC’s in NSW including the HIV/AIDS Legal Centre and the Sydney-based Inner City Legal Centre which auspices the Lesbian and Gay Legal Rights Service.

The centres can advise you about the various legal options available to you if you have been the victim of an act of violence or hate crime, or if you fear for your safety

More info

Lesbian and Gay Legal Rights Service

A project of the Inner City Legal Centre. Free legal advice to gay men and lesbians.

Tel: (02) 9332 1966

Web: www.iclc.org.au

Community Legal Centres NSW

For details of the CLC nearest to you.

Tel: (02) 9212 7333

Web: http://www.clcnsw.org.au

HIV/AIDS Legal Centre

Tel: (02) 9206 2060

Web: http://www.halc.org.au

NSW Anti-Discrimination Board (ADB)

The ADB hears cases of discrimination or vilification based on race, gender, religion, marital status, disability and sexuality. Call for information about discrimination or vilification or to make a complaint.

Tel: (02) 9268 5555
Freecall: 1800 670 812

Web: www.lawlink.nsw.gov.au/ADB

NSW Ombudsman

Unless you have a serious complaint about the police or other law enforement agency, you should give them about a chance to solve the problem first before taking further action. Many authorities have customer service centres or complaint units. Try them or contact the most senior person available.

If you are not satisfied with the action taken you can lodge a complaint with the NSW Ombudsman. For further information about making a complaint check out the NSW Ombudsman web site. The site lists the appropriate agencies for complaints against a range of other organisations like banks, local governments, the media, businesses and so on.

Web: www.ombo.nsw.gov.au