NSW Alleged AVO Breaches - Can NSW Police Access My Bank Account?

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Shane Davies

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19 July 2015
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I am being interviewed by NSW police over alleged breaches of an AVO. Which were not serious, it involved prank calls with no violence or aggression. They are telling me if I do not admit to it they will access my bank account statements to track my movements.

Do they have to apply to court for this, or can they just do it?

Secondly considering the nature of offence, if they had to apply to court, would it be granted?
 

Tim W

Lawyer
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28 April 2014
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I am being interviewed by NSW police over alleged breaches of an AVO. Which were not serious, it involved prank calls with no violence or aggression.
Every breach of an AVO is serious.
Because it shows that the PINOP was right in the first place to be concerned for their safety.
As to penalties for breaches, there's some useful information here.
They are telling me if I do not admit to it they will access my bank account statements to track my movements.
That's a valid thing to do.
Prospects of it actually happening in your case are more than 50-50.
Do they have to apply to court for this, or can they just do it?
Yes, even local plods could get an order for your bank records to be produced.
But they may not need to.
I think you'll find that banks will not always and automatically invoke customer privacy,
if doing so would impede an investigation.
Likewise, depending on the financial product in question,
you may find that in the very small print, you have consented to the release of information
upon request by police and like bodies.
Secondly considering the nature of offence, if they had to apply to court, would it be granted?
Depends on what they want to prove by it.
But I suggest that it would be more likely than not that an order (if needed at all) would be granted.

Conclusion (well, mine, anyway)

If you are guilty (no, don't tell us!), then consider a guilty plea.
A discount on the penalty can be available for doing so.