Who Can Apply to Change or Cancel an Intervention Order?

The following people can apply to vary or revoke an Intervention Order:

• The police
• A protected person (or their representative)
• A parent/representative of a protected person under 14
• The respondent (but only after a waiting period)

If you are the respondent:

• You must wait until the date set in the order to apply.
• If no date is set, you must wait at least 12 months before applying.

How to Apply to Vary or Revoke an Intervention Order

Step 1: Complete the Required Forms

To apply, you must submit:

• Interlocutory Application to Vary or Revoke Order
• Supporting Affidavit

If the order was made under section 28 of the Sentencing Act 2017 (SA), i.e. as part of a sentence for other offending you must use different forms.

Step 2: File the Application in Court

You must file the forms in the Magistrates Court where the original order was made.

If applying under the Sentencing Act 2017 (SA), you must also seek leave of the Court before the application proceeds.

Step 3: Court Hearing & Consideration

The police, protected person, and respondent must be given a chance to be heard before a final decision is made.

The court will consider:

• The original reasons for the order
• Any change in circumstances
• Whether the order is still necessary for the protected person's safety

The court may dismiss your application without a hearing if it finds:

• The application is frivolous or vexatious
• There has been no substantial change in circumstances

Step 4: Service & Enforceability

The varied order takes effect only when:

• The respondent is present in court when the order is made, or
• The respondent is personally served with the new order.

Interim Variations by Police

In urgent cases, police can request an interim variation without the respondent being present.

If the court grants an interim variation, the respondent must appear in court within 8 days for a full hearing.

The police can apply by telephone or electronically, but the court must be satisfied it is appropriate.

Special Rules for Firearms Restrictions

A firearms restriction cannot be removed unless the respondent proves:

• They have never engaged in violent or intimidating behaviour.
• They require a firearm for their livelihood (e.g., farmer, security worker).

What If the Court Refuses to Revoke or Vary the Order?

If your application is denied, you cannot apply again unless:

• The court allows it, or
• A substantial change in circumstances occurs.