Community Disputes Resolution Act 2015 · 2020 Revised Edition · Part 2 · Tort of Interference with Enjoyment or Use of Place of Residence
7. Breach of special direction an offence
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Disobeying a special direction without reasonable excuse is an offence. The penalty is a fine of up to $5,000, up to 3 months in prison, or both. A continuing offence brings a further fine of up to $1,000 a day after conviction, capped at $10,000. It is no defence that the order or direction should not have been made.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
A contravening party who, without reasonable excuse, fails to comply with a special direction shall be guilty of an offence and shall be liable on conviction —
special direction
“special direction” means a direction made by a court under section 6(2) against a contravening party (within the meaning of that section);
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; and
in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction, but not exceeding $10,000 in total.
It is not a defence for a person charged with an offence under subsection (1) that the court which made an order under section 5 or the court which made a special direction should not have, for whatever reason, made that order or direction.
court
“court” means a court of competent jurisdiction and includes a Community Disputes Resolution Tribunal;
Where a person is convicted of an offence under subsection (1) for failure to comply with a special direction, the failure to comply with the special direction as well as the failure to comply with the order of court made under section 5 which is the subject of that special direction is not punishable as a contempt of court.
A person shall not be convicted of an offence under subsection (1) in respect of any non‑compliance which has been punished as a contempt of court.