Domestic Violence and Protection Orders Act 2008 (ACT)

Domestic Violence and Protection Orders Act 2008 (repealed)   

A2008-46

Republication No 15

Effective:  1 May 2017

Republication date: 1 May 2017

As repealed by A2016‑42 s 203

About this republication

The republished law

This is a republication of the Domestic Violence and Protection Orders Act 2008 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 May 2017.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Domestic Violence and Protection Orders Act 2008 (repealed)

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5Offences against Act—application of Criminal Code etc 3

Part 2      Main principles and concepts

6            Objects of Act  4

7           Principles for making protection orders  4

8            Principle about procedures  5

9            What may someone do under this Act?  5

10          What conduct do domestic violence orders restrain?  6

11          What conduct do personal protection orders restrain?  6

12          Do protection orders cover conduct outside ACT?  7

13          What is domestic violence etc?  7

14          What is personal violence?  9

15          Who is a relevant person?  9

15A           Who is a relative?  11

16          Level of satisfaction required for this Act  12

17          This Act and Children and Young People Act  12

Part 3      Applications generally

18          Who may apply for certain non-emergency orders?  14

19          Party with legal disability  14

20          Certain children not respondents  15

21          Application forms that require aggrieved person’s address                 15

22          Registrar sets return date  16

23          Registrar may adjourn proceedings etc  16

24          Preliminary conferences  17

25          Referrals to mediation  18

26          Preparation for hearings in Magistrates Court  18

27          What if applications are made for the wrong order?  19

28          What if applications for the wrong order are decided?  20

Part 4      Interim orders

Division 4.1                  Definitions

28A           Meaning of interim order, general interim order and special interim order—Act 22

28B           Meaning of related charges—Act  23

28C           Meaning of outstanding charges—pt 4  23

Division 4.2                  Making interim orders

29          Interim orders—grounds for making  24

30          Interim orders—only on application for final order  24

30A           Interim orders—general interim orders and special interim orders         24

31          Interim orders—court consideration of children  25

32          Interim orders—respondent with legal disability  26

33          Interim orders—service of application unnecessary  26

34          Interim orders—return date for hearing to decide final order                26

35          Interim orders—content  27

36          Interim orders—endorsement of consent or objection  28

40          Interim orders—respondent’s firearms  31

Division 4.3                  General interim orders—no related charges

41          General interim orders—only one may be made  32

41A           General interim orders—length  32

41AA          General interim orders—ending  32

41B           General interim orders—taken to be special interim orders if related charges laid       33

41D           General interim orders—further orders  34

41E           General interim orders—extension of orders  34

41F           General interim orders—expiry before final order served  34

Division 4.4                  Special interim orders—related domestic violence charges outstanding

42          Meaning of outstanding related charges finalised—div 4.4                  35

42A           Special interim orders—ending  36

42B           Special interim orders—application not to be decided until related charges finalised     36

42C           Special interim orders—final application decided  37

Part 5      Consent orders

43          Consent orders  39

44          Consent orders—party with legal disability  40

45          Consent orders—length of general interim orders  41

Part 6      Final orders

Division 6.1                  Final orders other than workplace orders

46          Grounds for making final orders (other than workplace orders)            42

47          What must a court consider before making final orders other than workplace orders?   42

48          What final orders (other than workplace orders) may contain               44

Division 6.2                  Workplace orders

49          Definitions—div 6.2  46

50          What is personal violence for a workplace?  47

51          Effect of availability of workplace orders  47

52          Grounds for making workplace orders  48

53          What must a court consider before making workplace orders?             48

54          What workplace orders may contain  50

Division 6.3                  Length of final orders etc

55          Length of final domestic violence orders  51

56          Length of final personal protection orders  51

57          Firearms and final orders  52

Part 7      Amendment of orders

58          Amendment generally  53

59          Amendment of interim orders  54

60          Temporary amendment of final orders  55

61          Extension of general interim orders made by consent  56

62          Extension of final orders  56

Part 8      Service of non-emergency protection orders

63          Service of applications  58

64          Service of non-emergency protection orders  59

66          If personal service impracticable  60

67          Service of documents by police  61

Part 9      Emergency orders

68          Who may apply for emergency order?  62

69          When may emergency order be made?  62

70          How can application for emergency order be made?  62

71          What should judicial officers consider in making emergency order?       63

72          Emergency orders  64

73          Action on refusing emergency order  64

74          Records of proceedings  65

75          Detention of people against whom emergency orders sought               65

76          What emergency order may contain  65

77          Length of emergency orders  66

78          Emergency amendment and revocation of emergency orders              66

79          Non-emergency amendment and revocation of emergency orders        67

80          Firearms and emergency orders  67

81          Service of emergency orders  68

82          Police required to explain emergency order served  68

83          Recording reasons if emergency order not applied for  68

Part 10     Other provisions about protection orders

84          Explaining orders if respondent present  70

85          Explaining orders if aggrieved person present  71

86          Reasons for order  72

87          Orders generally not to include aggrieved person’s address               72

88          Prohibitions or conditions may be shorter  72

89          Recommendations for counselling etc  72

90          Offence for contravention of protection order  73

Part 11     Review of orders

90A           Application for review of special interim orders  74

90B           Review of special interim orders  74

91          Application for review of particular final orders  75

92          Review of particular final orders  76

93          Application by respondent for review of order finalised under s 36         77

94          Review of order finalised under s 36  78

95          Review of consent orders  78

96          Appealable decisions  79

97          When can someone appeal to Supreme Court?  79

98          Giving notice of appeal  80

99          Evidence on appeal  80

100         Powers of Supreme Court on appeal  80

101         Effect of filing appeal  81

Part 12     Reciprocal arrangements

102         Definitions—pt 12  82

103         Applications for registration of recognised orders  82

104         Registration of recognised orders  82

105         Effect of registration  83

106         Amendment of registered orders  83

107         Revocation of registered orders  83

108         Amendment of recognised orders  84

109         Notification by interstate court of registration  84

Part 13     Public access and publication

111         Publication of reports about proceedings—offence  85

112         Publication of reports about proceedings—exceptions to offence          86

Part 14     Miscellaneous

113         Deciding application if criminal proceedings  87

114         Crimes Act, s 397 (1)  87

115         Working out time if less than 5 days  87

116         Directions about procedure  87

117         Recovery of certain expenses  88

118         Regulation-making power  88

Schedule 1 Domestic violence offences against other legislation          91

1.1          Definitions—sch 1  91

1.2          Domestic violence offences against other legislation  91

Schedule 2 Permitted publication about proceedings            95

2.1          Definitions—sch 2  95

2.2          Permitted publication about proceedings  95

Dictionary97

Endnotes

1            About the endnotes  102

2            Abbreviation key  102

3            Legislation history  103

4            Amendment history  106

5            Earlier republications  113

Domestic Violence and Protection Orders Act 2008 (repealed)

An Act about orders to protect people from domestic violence and personal violence, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Domestic Violence and Protection Orders Act 2008.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘firearm—see the Firearms Act 1996, section 6.’ means that the term ‘firearm’ is defined in that section and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Main principles and concepts

1. Objects of Act

   The objects of this Act include—

   (a)to prevent violence between family members and others who are in a domestic relationship, recognising that domestic violence is a particular form of interpersonal violence that needs a greater level of protective response; and

   (b)to facilitate the safety and protection of people who fear or experience violence by—

   (i)providing a legally enforceable mechanism to prevent violent conduct; and

   (ii)allowing for the resolution of conflict without the need to resort to adjudication.

2. Principles for making protection orders

   (1)In deciding an application for a protection order, the paramount consideration is—

   (a)for a domestic violence order—the need to ensure that the aggrieved person, and any child at risk of exposure to domestic violence, is protected from domestic violence; and

   (b)for a personal protection order (other than a workplace order)—the need to ensure that the aggrieved person is protected from personal violence; and

   (c)for a workplace order—the need to ensure that employees and other people at the workplace are protected from personal violence at the workplace.

   (2)If a protection order is to be made on an application under this Act, it must be the protection order that is least restrictive of the personal rights and liberties of the respondent as possible that still achieves the objects of the Act and gives effect to subsection (1).

3. Principle about procedures

   Procedures under this Act are to be as simple, quick and inexpensive as is consistent with achieving justice.

4. What may someone do under this Act?

   (1)A person may apply under this Act for an order to protect an aggrieved person from domestic violence or personal violence by someone else (the respondent).

   Note 1Section 18 and s 68 set out who can apply for a protection order.

   Note 2Section 20 limits who can be named as a respondent to a protection order.

   Note 3Violence is defined in the following sections:

   ·     s 13 (What is domestic violence etc?)

   ·     s 14 (What is personal violence?)

   ·     s 50 (What is personal violence for a workplace?).

   (2)Two types of protection order are available, a domestic violence order (see section 10) and a personal protection order (see section 11).

5. What conduct do domestic violence orders restrain?

   (1)A domestic violence order may be made as a final, interim or emergency order.

   NoteThe general rules applying to applications for orders are in pt 3.  Rules applying to particular kinds of orders are in the following parts:

   ·     pt 4 (Interim orders)

   ·     pt 5 (Consent orders)

   ·     pt 6 (Final orders)

   ·     pt 9 (Emergency orders).

   (2)A domestic violence order—

   (a)restrains the respondent from engaging in conduct that constitutes domestic violence in relation to the aggrieved person; and

   (b)may include a prohibition mentioned in section 48 (What final orders (other than workplace orders) may contain).

   NoteA prohibition mentioned in s 48 may be included in an interim order (see s 35) or an emergency order (see s 76).

6. What conduct do personal protection orders restrain?

   (1)A personal protection order may be made as a final or interim order.

   (2)A personal protection order made as a final order may be made as a workplace order or a final order other than a workplace order.

   NoteWorkplace orders are dealt with in div 6.2.

   (3)A personal protection order that is a workplace order—

   (a)restrains the respondent from engaging in conduct that constitutes personal violence in relation to the workplace; and

   (b)may include a prohibition mentioned in section 54 (What workplace orders may contain).

   (4)A personal protection order (other than a workplace order)—

   (a)restrains the respondent from engaging in conduct that constitutes personal violence in relation to the aggrieved person; and

   (b)may include a prohibition mentioned in section 48 (What final orders (other than workplace orders) may contain).

7. Do protection orders cover conduct outside ACT?

   A protection order covers conduct within or outside the ACT.

8. What is domestic violence etc?

   (1)For this Act, a person’s conduct is domestic violence if it—

   (a)causes physical or personal injury to a relevant person; or

   (b)causes damage to the property of a relevant person; or

   (c)is directed at a relevant person and is a domestic violence offence; or

   (d)is a threat, made to a relevant person, to do anything in relation to the relevant person or another relevant person that, if done, would fall under paragraph (a), (b) or (c); or

   (e)is harassing or offensive to a relevant person; or

   (f)is directed at a pet of a relevant person and is an animal violence offence; or

   (g)is a threat, made to a relevant person, to do anything to a pet of the person or another relevant person that, if done, would be an animal violence offence.

   NoteRelevant person—see s 15 (1).

   (2)In this Act:

   domestic violence offence means an offence against—

   (a)section 90 (which is about contravening protection orders); or

   (b)a provision mentioned in an item in schedule 1 (Domestic violence offences against other legislation) of an Act mentioned in the item.

   (3)In this section:

   animal violence offence means an offence against any of the following provisions of the Animal Welfare Act 1992:

   (a)section 7 (Cruelty);

   (b)section 7A (Aggravated cruelty);

   (c)section 12 (Administering poison);

   (d)section 12A (Laying poison);

   (e)section 13 (Electrical devices).

   offence, other than in relation to the Public Order (Protection of Persons and Property) Act 1971 (Cwlth), section 11 (Additional offences on premises in a Territory), includes conduct, engaged in outside the ACT, that would be an offence if it were engaged in within the ACT.

   personal injury includes nervous shock.

9. What is personal violence?

   (1)For this Act (other than for division 6.2), a person’s conduct is personal violence if the person—

   (a)causes personal injury to someone (the aggrieved person) or damage to the aggrieved person’s property; or

   (b)threatens to cause personal injury to the aggrieved person or damage to the aggrieved person’s property; or

   (c)is harassing or offensive to the aggrieved person.

   NotePersonal violence, for a workplace—see s 50.

   (2)However, a person’s conduct is not personal violence if it is domestic violence.

10. Who is a relevant person?

    (1)For this Act, relevant person, in relation to a person (the original person) means—

    (a)a domestic partner or former domestic partner of the original person; or

    NoteA domestic partner need not be an adult (see Legislation Act, s 169).

    (b)a relative of the original person; or

    (c)a child of a domestic partner or former domestic partner of the original person; or

    (d)a parent of a child of the original person; or

    (e)someone who is or has been in a relevant relationship with the original person.

    (2)In this section:

    relevant relationship means an intimate relationship between 2 people other than a domestic partnership.

    NoteFor the meaning of domestic partnership, see the Legislation Act, s 169. It includes a civil union or civil partnership.

    (3)For subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:

    (a)the extent to which each is personally dependent on the other;

    (b)the extent to which each is financially dependent on the other (including any arrangements for financial support);

    (c)the length of the relationship;

    (d)if there is, or has been, a sexual relationship;

    (e)the extent to which each is involved in, or knows about, the other’s personal life;

    (f)the degree of mutual commitment to a shared life;

    (g)if the 2 people share care or support for children or other dependents.

    (4)Also for subsection (2)—

    (a)an intimate relationship may exist between people although they are not, or have not been, members of the same household; and

    (b)an intimate relationship is not taken to exist between people only because one of them provides a service for the other—

    (i)for fee or reward; or

    (ii)on behalf of another person (including a government or corporation); or

    (iii)on behalf of an organisation the principal objects or purposes of which are charitable or benevolent.

15AWho is a relative?

For this Act, a relative of a person (the original person)—

(a)means the original person’s—

(i)father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

(ii)son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

(iii)brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

(iv)uncle, aunt, uncle-in-law or aunt-in-law; or

(v)nephew, niece or cousin; and

(b)if the original person has or had a domestic partner (other than a spouse or civil union partner)—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to or in a civil union with the domestic partner; and

NoteFor the meaning of domestic partner, see the Legislation Act, s 169.

For ACT law, a person acquires relatives through civil union in the same way as they acquire them through marriage (see Civil Unions Act 2012, s 6 (2)).

(c)includes—

(i)someone who has been a relative mentioned in paragraph (a) or (b) of the original person; and

(ii)anyone else who could reasonably be considered to be, or have been, a relative of the original person.

Examples—par (c) (ii)

1if the original person is an Aboriginal or Torres Strait Islander, the following people:

(a)a person the original person has responsibility for, or an interest in, in accordance with the traditions and customs of the original person’s Aboriginal or Torres Strait Islander community;

(b)a person who has responsibility for, or an interest in, the original person in accordance with the traditions and customs of the original person’s Aboriginal or Torres Strait Islander community

2a person regarded and treated by the original person as a relative, for example, as an uncle or aunt

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

1. Level of satisfaction required for this Act

   If the Magistrates Court or a judicial officer is required to be satisfied about something under this Act, the court or judicial officer must be satisfied on the balance of probabilities.

   NoteJudicial officer—see the dictionary.

2. This Act and Children and Young People Act

   (1)This section applies if—

   (a)an application is made under the Children and Young People Act 2008 for a care and protection order; and

   (b)at least 1 of the grounds mentioned in that Act, section 460 (1) (b) (DVPO final protection orders) is satisfied; and

   (c)the Childrens Court makes a protection order.

   (2)The Childrens Court is taken to have exercised jurisdiction under this Act as the Magistrates Court when making the protection order.

   (3)The protection order may be amended, revoked or appealed from under this Act.

Part 3Applications generally

1. Who may apply for certain non-emergency orders?

   (1)An aggrieved person may apply to the Magistrates Court for a non‑emergency protection order.

   Note 1If a form is approved under the Court Procedures Act 2004 for an application under this section, the form must be used.

   Note 2Different rules may apply to an aggrieved person with a legal disability (see s 19).

   Note 3An aggrieved person for a workplace order is the employer, not the person who has suffered the violence (see dict, def aggrieved person).

   (2)Also, a police officer may make an application for an aggrieved person, or help an aggrieved person to make an application.

   (3)This section does not affect any other right of a person to make an application for a non-emergency protection order for an aggrieved person.

   Example—people with right to make application for protection order

   a parent or guardian of a child who is an aggrieved person, or an agent of an aggrieved person

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

2. Party with legal disability

   (1)An aggrieved person with a legal disability (other than a child) may apply for a non-emergency protection order—

   (a)by a litigation guardian; or

   (b)in the person’s own right with the Magistrates Court’s leave.

   NoteA regulation may prescribe how a litigation guardian may be appointed (see s 118 (3) (b) (i)).

   (2)If a respondent to a non-emergency protection order is a person with a legal disability, the respondent must have a litigation guardian.

   (3)An aggrieved person who is a child may apply for—

   (a)any protection order by a litigation guardian; or

   (b)a domestic violence order in the person’s own right; or

   (c)a personal protection order in the person’s own right with the Magistrates Court’s leave.

   (4)The Magistrates Court must give leave for an application under subsection (1) (b) or subsection (3) (c) if satisfied that the aggrieved person—

   (a)understands the consequences of applying for a protection order; and

   (b)will understand the proceeding on the application.

3. Certain children not respondents

   A child younger than 10 years old cannot be a respondent for an application for a protection order.

4. Application forms that require aggrieved person’s address

   (1)This section applies if a form approved under the Court Procedures Act 2004, section 8 (Approved forms) for an application for a protection order requires the aggrieved person’s home or work address to be included in the application.

   (2)The address need not be included in the application unless the aggrieved person agrees to the address being included.

5. Registrar sets return date

   (1)On receiving an application for a non-emergency protection order, the registrar must—

   (a)enter the application into Magistrates Court’s record; and

   (b)set a return date for the application.

   NoteThe return date may be for a preliminary conference (see s 24).

   (2)The return date must be—

   (a)not later than 2 days after the day the application is made; or

   (b)not later than 10 days after the day the application is made if—

   (i)the applicant is not seeking an interim order on the application; and

   (ii)the registrar is satisfied that the longer time is necessary to allow the respondent to be served with the application and the return date notice.

   (3)However, a regulation may prescribe the circumstances in which the registrar need not, or must not, accept an application for entry into the Magistrates Court’s record under this section.

   NoteFor service of an application, see s 63.

6. Registrar may adjourn proceedings etc

   (1)This section applies if—

   (a)a return date has been set for an application for a non‑emergency protection order; and

   (b)the respondent has not been served with a copy of the application under section 63 (Service of applications).

   (2)The registrar may adjourn the proceeding on the application.

   NoteThe registrar may also extend a general interim order (see s 41E).

   (3)However, the registrar may not adjourn the proceeding under this section more than twice.

7. Preliminary conferences

   (1)The registrar must hold a preliminary conference in relation to an application for a non-emergency protection order.

   (2)However, a regulation may prescribe when the registrar need not hold a preliminary conference.

   (3)A regulation may also prescribe—

   (a)the objects of a preliminary conference; and

   (b)the powers that may be exercised by the person holding a preliminary conference; and

   (c)the admissibility in evidence of anything said, or any evidence given, at a preliminary conference.

   (4)The failure of the registrar to hold a preliminary conference in relation to an application for a non-emergency protection order does not affect the validity of the protection order.

   (5)If a preliminary conference is held, and no consent order is made by the end of the conference, the registrar may set a new return date for a hearing to decide the application.

   Note 1If a general interim order is made, the return date must be at least 21 days after the day the general interim order is made.
   If a special interim order is made, the return date must be not before, and not more than 21 days after, all related charges are finalised (see s 34).

   Note 2The registrar must also make preparations for the hearing to decide the application (see s 26).

8. Referrals to mediation

   (1)This section applies if, at any time during the preliminary conference for an application for a non-emergency protection order, the registrar is satisfied that the application is likely to be more effectively resolved by mediation than by a hearing.

   (2)The registrar must—

   (a)recommend to the parties to the application that they seek mediation; and

   (b)give the parties information about mediation; and

   (c)adjourn the preliminary conference until a stated date to allow for mediation to happen.

   NoteThe Court Procedures Act 2004, pt 5A (Mediation) applies to a mediation in relation to a proceeding in a court.

9. Preparation for hearings in Magistrates Court

   (1)This section applies to an application for a non-emergency protection order if—

   (a)a preliminary conference has been held in relation to the application; and

   (b)no consent order has been made as a result of the conference.

   (2)On or before the return date for the hearing to decide the application, the registrar must—

   (a)prepare the following documents for the hearing of the application:

   (i)a statement about who will give evidence at the hearing;

   (ii)a statement about how long the hearing is likely to be;

   (iii)a summary of the issues agreed to, and not agreed to, by the parties at the conference; and

   (b)give the respondent a statement to the effect that if the respondent does not attend the hearing, the Magistrates Court may decide the application in the respondent’s absence.

   (3)The registrar may do anything else to assist the hearing of the application that the registrar considers appropriate on or before the return date.

   (4)A regulation may prescribe other powers of the registrar to allow the registrar to exercise a function under this section.

10. What if applications are made for the wrong order?

    (1)This section applies if—

    (a)a person applies for a protection order that is a domestic violence order or a personal violence order (the first order); and

    (b)the first order may not be made because the conduct on which the application is based is not conduct that the first order could restrain; and

    (c)the application has not been decided.

    (2)The Magistrates Court may make another protection order even though the protection order was not properly applied for if—

    (a)the person honestly applied for the first order; and

    (b)had the application been properly made, the court could have made the other protection order.

    (3)This section does not apply to consent orders.

    NoteA consent order may be made whether or not any ground for making the order has been made out (see s 43 (2) (b)).

11. What if applications for the wrong order are decided?

    (1)This section applies if—

    (a)a person applies for a protection order that is a domestic violence order or personal violence order (the first order); and

    (b)the first order cannot be made because the conduct on which the application is based is not conduct that the first order can restrain; and

    (c)the application is decided before it becomes apparent that section 27 applies; and

    (d)a protection order (the order made) is purportedly made; and

    (e)the order made could have been validly made if applied for and made as a domestic violence order or a personal protection order of the kind made.

    Example—when this section does not apply because of par (e)

    A police officer applied for a domestic violence order made as an emergency order.  The conduct relied on was, in fact, personal violence.  This section does not apply because the order could not have been validly made as a personal protection order made as an emergency order.

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)If this section applies—

    (a)the operation of the order made is not affected by the fact that the order could not be made on the application; and

    (b)the order made must be treated as if it were the kind of order that could be made in relation to the conduct mentioned in the application.

    Example

    A personal protection order is made as an interim order.  Later, it is discovered that the parties had previously been domestic partners, making the conduct on which the application for the interim order was based domestic violence.  The operation of the order is not affected by the fact that the wrong order was made, and the personal protection order made as an interim order is treated as if it is a domestic violence order made as an interim order.

    (3)This section does not apply to consent orders.

    NoteA consent order may be made whether or not any ground for making the order has been made out (see s 43 (2) (b)).

Part 4Interim orders

Division 4.1               Definitions

28AMeaning of interim order, general interim order and special interim order—Act

In this Act:

general interim order—

(a)means a protection order (including a consent order) made under section 30A (b) (Interim orders—general interim orders and special interim orders); and

(b)includes an order (other than a final order) that amends or revokes a general interim order.

interim order means—

(a)a general interim order; or

(b)a special interim order.

special interim order—

(a)means a domestic violence order (including a consent order) made under section 30A (a) (Interim orders—general interim orders and special interim orders); and

(b)includes an order (other than a final order) that amends or revokes a special interim order.

28BMeaning of related charges—Act

In this Act:

related—a charge against a person for an offence is related to an application for a final order and, if an interim order is made on the application, an interim order if—

(a)the person charged is—

(i)the respondent for the application; and

(ii)a relevant person in relation to the aggrieved person; and

(b)the offence is a domestic violence offence, other than an offence against section 90 (Offence for contravention of protection order).

28CMeaning of outstanding charges—pt 4

In this part:

outstanding—a charge against a person for an offence is outstanding until the charge is finally dealt with in any of the following ways:

(a)the charge is withdrawn;

(b)the charge is dismissed by a court;

(c)the person is discharged by a court following a committal hearing;

(d)the person is acquitted, convicted or found guilty by a court of the offence.

NoteFound guilty, of an offence—see the Legislation Act, dictionary, pt 1.

Division 4.2               Making interim orders

1. Interim orders—grounds for making

   The Magistrates Court may make an interim order if satisfied that it is necessary to make the interim order to do 1 or more of the following until the application for the final order is decided:

   (a)ensure the safety of the aggrieved person or a child of the aggrieved person;

   (b)if the interim order is an interim workplace order—ensure the safety of the aggrieved person at the workplace, or an employee of the aggrieved person or other people at the workplace;

   (c)prevent substantial damage to the property of the aggrieved person or a child of the aggrieved person.

2. Interim orders—only on application for final order

   (1)The Magistrates Court may make an interim order only on an application for a final order.

   Note A final order includes an order amending a final order (see dict, def final order).

   (2)The Magistrates Court may make an interim order at any time during the proceeding on the application for the final order that it relates to.

30AInterim orders—general interim orders and special interim orders

(1)If the Magistrates Court is making an interim order on an application, the court may make—

(a)a special interim order if—

(i)the application is for a final domestic violence order; and

(ii)there is a related charge outstanding in relation to the respondent; or

(b)in any other case—a general interim order.

(2)If the court makes a special interim order in circumstances where a general interim order may be made—

(a)the operation of the special interim order is not affected by the fact that a general interim order may have been made; and

(b)the court may set aside the special interim order and make a general interim order.

(3)If the court makes a general interim order in circumstances where a special interim order may be made—

(a)the operation of the general interim order is not affected by the fact that a special interim order may have been made; and

(b)the court may set aside the general interim order and make a special interim order.

1. Interim orders—court consideration of children

   (1)In making an interim order, the Magistrates Court must consider whether contact between the aggrieved person or the respondent, and any child of either, is relevant to the making of the order, and to any relevant family contact order that the court is aware of.

   (2)A failure by the Magistrates Court to consider the matter mentioned in subsection (1) before making an interim order does not affect the validity of the order.

2. Interim orders—respondent with legal disability

   (1)This section applies if the Magistrates Court —

   (a)is considering an application for an interim order; and

   (b)considers that the respondent to the interim order is or may be a person with a legal disability.

   (2)The Magistrates Court must tell the public advocate—

   (a)about the respondent, including the respondent’s contact details; and

   (b)that the respondent may need a litigation guardian; and

   (c)the return date for the application.

   NoteA respondent to a non-emergency protection order must have a litigation guardian (see s 19 (2)).

3. Interim orders—service of application unnecessary

   (1)The Magistrates Court may make an interim order even if a copy of the application and a timing notice have not been served on the respondent in accordance with section 63 (Service of applications).

   (2)In this section:

   timing notice—see section 63 (6).

4. Interim orders—return date for hearing to decide final order

   If the Magistrates Court makes an interim order on an application, the return date for a hearing to decide the application must be, or must be changed to be—

   (a)for a general interim order—at least 21 days after the day the general interim order is made; or

   (b)for a special interim order—

   (i)not earlier than the day all related charges are finalised; and

   (ii)not later than 21 days after the day all related charges are finalised.

   Note 1Finalised

   —see s 42.

   
   Related

   charges—see s 28B.

   
   Special interim order

   —see s 28A.

   Note 2A return date may have already been set at a preliminary conference (see s 24 (5)).

   Note 3If the return date is changed under this section, the registrar may need to serve a revised timing notice (see s 63).

1. Interim orders—content

   (1)An interim order may prohibit the respondent from being on premises where the aggrieved person lives or works.

   (2)However, the interim order may prohibit a respondent who is a child from being on premises where the child normally receives care (including education) or protection only if the Magistrates Court is satisfied that adequate arrangements have been made for the child’s care (including education) and safety.

   Example—when Magistrates Court may be satisfied adequate arrangements made for child

   if a government agency responsible for the care and protection of children has found alternative accommodation for the child

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (3)The interim order (other than an interim workplace order) may do something mentioned in section 48 (2) (What final orders (other than workplace orders) may contain) (other than paragraph (a) or (b)) only if the Magistrates Court is satisfied that it is necessary to ensure the safety of the aggrieved person.

   Note 1Section 48 (2) (a) and (b) allows the Magistrates Court to make an order prohibiting the respondent from being on premises where the aggrieved person lives or works.

   Note 2Subsections (2) and (3) do not apply to consent orders (see s 43 (2) (b)).

   (4)If the interim order is an interim workplace order, the order may do something mentioned in section 54 (2) (What workplace orders may contain) (other than paragraph (a)) only if the Magistrates Court is satisfied that it is necessary to ensure the safety of an employee.

   Note Section 54 (2) (a) allows the Magistrates Court to make an order prohibiting the respondent from entering the workplace.

   (5)An interim order may require the respondent to return to the aggrieved person personal items reasonably needed by the aggrieved person or a child of the aggrieved person.

   Examples—personal items

   1     personal clothing

   2     toiletries

   3     books

   4     photographs

   5     house or car keys

2. Interim orders—endorsement of consent or objection

   (1)This section applies if the Magistrates Court makes an interim order in the absence of a respondent.

   NoteFor service of an interim order, see s 64.

   (2)If the respondent wishes to consent to the interim order becoming a final order, the respondent may—

   (a)fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and

   (b)indicate on the endorsement copy that the respondent consents to the interim order becoming a final order; and

   (c)return it to the Magistrates Court before the return date for the application for the final order.

   (3)If the respondent acts under subsection (2), the interim order becomes a final order on the day the Magistrates Court receives the endorsement copy.

   NoteThe court may make consent orders whether or not a party has attended before the court, whether or not a ground for making the order has been made out and without proof or admission of guilt (see s 43).

   (4)If the respondent wishes to object to the interim order becoming a final order, the respondent may—

   (a)fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and

   (b)indicate on the endorsement copy that the respondent objects to the interim order becoming a final order; and

   (c)return it to the Magistrates Court at least 7 days before the return date for the application for the final order to which the interim order relates.

   (5)If the respondent acts under subsection (4), the Magistrates Court may decide the application at—

   (a)for a general interim order—the next return date for the application for the final order; or

   (b)for a special interim order—a return date for the application after all related charges are finalised.

   NoteIf the Magistrates Court makes a special interim order, the Court must not decide the application for the final order until all related charges are finalised (see s 42B).

   (6)If the respondent wishes to object to the interim order becoming a final order but does not act under subsection (4), the Magistrates Court may decide the application for the final order only if the respondent—

   (a)attends the Magistrates Court on the return date for the application for the final order; and

   (b)objects to the interim order becoming a final order; and

   (c)satisfies the court that the respondent—

   (i)has a legal disability and did not have a litigation guardian appointed for the proceeding at any time before the endorsement copy was required to be returned under subsection (4) (c); or

   (ii)has a reasonable excuse for failing to act under subsection (4).

   Examples—par (c) (ii)

   1the respondent was injured in a car accident and unable to return the endorsement copy in the time required

   2the respondent is from a non-English speaking background and no one was able to interpret the endorsement copy for the respondent until after it was required to be returned

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (7)If the interim order does not become a final order under subsection (3) and the application may not be decided by the Magistrates Court under subsection (5) or (6), the Magistrates Court may decide that the interim order becomes a final order at—

   (a)for a general interim order—the next return date for the application for the final order; or

   (b)for a special interim order—a return date for the application after all related charges are finalised.

   NoteFor the grounds for making final orders (other than workplace orders), see s 46.

   (8)In this section:

   endorsement copy, of an interim order, means the copy of the interim order marked as the endorsement copy under section 64 (1).

   respondent includes a representative of the respondent.

   NoteFor review of final orders, see pt 11.

3. Interim orders—respondent’s firearms

   (1)This section applies if an interim order is made in relation to a respondent who is the holder of a firearms licence.

   Note 1Firearms licence—see the dictionary.

   Note 2For the application of this section to consent orders, see s 43 (3).

   (2)The firearms licence is suspended by force of this section until the interim order ends.

   (3)However, the Magistrates Court may, on application when the interim order is made, order that the firearms licence not be suspended under this section if—

   (a)the interim order is a personal protection order; and

   (b)the court is satisfied that the licence should not be suspended.

   (4)The Magistrates Court may make a consent order that the firearms licence not be suspended under this section only if the interim order is a personal protection order.

   (5)The Magistrates Court may order—

   (a)the seizure of the firearms licence for the period stated in the interim order; and

   (b)the seizure and detention for that period of any firearm or ammunition in the respondent’s possession.

Division 4.3               General interim orders—no related charges

1. General interim orders—only one may be made

   Only 1 general interim order may be made in relation to an application for a final order unless section 41D (General interim orders—further orders) applies.

41AGeneral interim orders—length

A general interim order (other than a consent order) must not be in force for more than 2 years.

NoteSection 45 provides for how long a general interim order made as a consent order may be in force.

41AAGeneral interim orders—ending

A general interim order ends if any of the following happens:

(a)the period stated in the order ends;

Note

A general interim order (other than a consent order) must not be in force for more than 2 years (see s 41A).

A general interim order made as a consent order remains in force for the period of up to 16 weeks stated in the order (see s 45).

(b)the interim order is revoked;

(c)the application on which the interim order was made is discontinued or dismissed;

(d)a final order is made on the application and the respondent is present when it is made;

(e)if a final order is made on the application but the respondent is not present when it is made—the final order is served on the respondent.

41BGeneral interim orders—taken to be special interim orders if related charges laid

(1)This section applies if—

(a)the court has made a general interim order on an application; and

(b)after the general interim order is made, but before the final order is made, the respondent is charged with an offence; and

(c)the charge is related to the application.

NoteRelated charges—see s 28B.

(2)The general interim order is taken to be a special interim order—

(a)in the same terms as the general interim order; and

(b)subject to same conditions as the general interim order.

(3)The return date for a hearing to decide the application must be changed to a day—

(a)not earlier than the day all related charges are finalised; and

(b)not later than 21 days after the day all related charges are finalised.

Note 1Finalised

—see s 42.

Related

charges—see s 28B.

Special interim order

—see s 28A.

Note 2If the return date is changed under this section, the registrar may need to serve a revised timing notice (see s 63).

41DGeneral interim orders—further orders

(1)This section applies if a general interim order has ended or is about to end.

(2)The Magistrates Court may make a further general interim order if satisfied there are special or exceptional circumstances (having regard to the principles for making protection orders) that justify the making of a further general interim order.

NoteThe principles for making protection orders are set out in s 7.

(3)However, a further general interim order must not be made as a consent order.

NoteAn interim order may be amended in certain circumstances (see s 58).

41EGeneral interim orders—extension of orders

(1)This section applies if the registrar adjourns a proceeding for a final order because the respondent has not been served with a copy of the application and a notice about the proceeding stating the date for the application’s return before the Magistrates Court.

(2)The registrar may also amend a general interim order made in relation to the application by extending it to take into account the delay caused by the adjournment.

(3)The registrar must not extend a general interim order under subsection (2) for longer than 8 weeks.

Note A general interim order must not be extended if the extension would mean the interim order would be in force for more than 16 weeks (see s 61 (2)).

41FGeneral interim orders—expiry before final order served

(1)This section applies if—

(a)a final order is made on an application for an interim order; and

(b)the respondent is not present at the making of the final order; and

(c)a general interim order made in relation to the same application would, but for this section, expire before the final order is served on the respondent.

Note A further order may be made in special or exceptional circumstances (see s 41D).

(2)The general interim order is taken to continue in force until the final order is served on the respondent.

(3)To remove any doubt, section 90 (Offence for contravention of protection order) applies to the general interim order continued in force.

Division 4.4               Special interim orders—related domestic violence charges outstanding

1. Meaning of outstanding related charges finalised—div 4.4

   In this division:

   finalised—an outstanding related charge is finalised if—

   (a)the charge is withdrawn; or

   (b)the director of public prosecutions declines to proceed further with the prosecution of the offences and causes it to be brought to an end; or

   (c)the charge is dismissed by a court; or

   (d)the person is discharged by a court following a committal hearing; or

   (e)the person is acquitted, convicted or found guilty by a court of the offence.

   Note Found guilty, of an offence—see the Legislation Act, dictionary, pt 1.

42ASpecial interim orders—ending

A special interim order ends only when the first of the following happens:

(a)the special interim order is revoked;

(b)the application on which the special interim order was made is discontinued or dismissed;

(c)a final order is made on the application and the respondent is present when it is made;

(d)if a final order is made on the application but the respondent is not present when it is made—the final order is served on the respondent.

42BSpecial interim orders—application not to be decided until related charges finalised

(1)If the Magistrates Court makes a special interim order on an application for a final order, the Court must not decide the application until all related charges are finalised.

NoteFinalised—see s 42.

(2)However, the application may be finalised by the court before all related charges are finalised—

(a)if on return of the application at a preliminary conference the respondent does not appear; or

(b)by consent.

42CSpecial interim orders—final application decided

(1)This section applies if—

(a)the Magistrates Court has made a special interim order on an application for a final order; and

(b)all charges related to a special interim order are finalised; and

(c)the application for the final order has not yet been decided.

Note 1Finalised—see s 42.

Note 2The Court must not decide the application, unless by consent, until all related charges are finalised (see s 42B).

(2)After the final related charge is finalised by the court, the court must also—

(a)if the court is the Magistrates Court—decide the application for the final order; or

(b)if the court is another court—

(i)decide the application for the final order as if it were the Magistrates Court; or

(ii)notify the Magistrates Court that the final related charge has been decided.

NoteIt is sufficient for a Magistrate to be satisfied on the balance of probabilities in relation to any matter to be decided in proceedings on an application.

(3)If a court notifies the Magistrates Court under subsection (2) (b) (ii)—

(a)the court may give the Magistrates Court guidance about, or a direction for, suitable conditions to be included in the final order; and

(b)the Magistrates Court must decide the application for the final order.

(4)A decision to dismiss the application may only be made after giving the parties an opportunity to be heard.

(5)The court deciding the application for the final order under this section may set a return date for the application.

Part 5Consent orders

1. Consent orders

   (1)On application for a protection order, the Magistrates Court may make a protection order with the consent of the parties to the proceeding.

   (2)The order may be made—

   (a)whether or not the parties have attended, or any party has attended, before the Magistrates Court; and

   (b)whether or not any ground for making the order has been made out; and

   (c)without proof or admission of guilt.

   Note Sections 84 and 85 apply to require the Magistrates Court to explain the order intended to be made under this section in certain circumstances.  Section 84 deals with explaining orders if the respondent is before the court and s 85 deals with explaining orders if the aggrieved person is before the court.

   (3)If an automatic consequence flows from the making of a kind of order and an order of that kind is made under this section, the automatic consequence flows from the making of the order unless—

   (a)this Act allows a discretion for the automatic consequence not to flow from the making of an order of that kind; and

   (b)the parties consent to the automatic consequence not flowing from the making of the order.

   Example

   The parties to an application agree to the making of a final order.  An automatic consequence of the order is that any firearms licence of the respondent is cancelled under s 57 (Firearms and final orders).  That consequence automatically flows from the making of the final order.  However, under s 57 (3) the Magistrates Court may, in certain circumstances (but not if the final order is a domestic violence order), order that the licence not be cancelled.  If those circumstances apply and the parties agree that the firearms licence not be cancelled, the firearms licence would not be cancelled under s 57.

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (4)However, this section does not allow the Magistrates Court to make a protection order—

   (a)that may not otherwise be made under this Act; or

   (b)for a period other than a period that the order may be made for (unless section 45 (Consent orders—length of general interim orders) applies); or

   NoteSection 55 (3) limits the length of final orders made as consent orders.

   (c)if section 44 applies.

2. Consent orders—party with legal disability

   (1)This section applies if—

   (a)the Magistrates Court is considering an application for a consent order; and

   (b)a party to the proceeding is a person with a legal disability who is not separately represented by someone else; and

   (c)it appears to the court that the party should be separately represented by someone else.

   (2)The Magistrates Court—

   (a)must not make the consent order; and

   (b)may adjourn the hearing to allow the person to get a litigation guardian.

3. Consent orders—length of general interim orders

   (1)A general interim order made as a consent order remains in force for the period of up to 16 weeks stated in the order.

   (2)To remove any doubt, section 61 (2) applies to a general interim order made by consent.

   Note 1Under s 61 (2), a general interim order made by consent may not be amended by extending it to be in force for longer than 16 weeks.

   Note 2A special interim order made as a consent order continues in force until the application for the final order is decided (see s 42A).

Part 6Final orders

Division 6.1               Final orders other than workplace orders

1. Grounds for making final orders (other than workplace orders)

   (1)The Magistrates Court may, on application, make a final order (other than a workplace order) if satisfied that—

   (a)the respondent has engaged in domestic violence; or

   (b)the respondent—

   (i)has engaged in personal violence towards the aggrieved person; and

   (ii)may engage in personal violence towards the aggrieved person during the time the order is proposed to operate if the order is not made.

   (2)If an interim order has been made on the application and the respondent has objected to the interim order, in making the final order the Magistrates Court must consider the respondent’s objection.

   NoteThis section does not apply to consent orders (see s 43 (2) (b)).

2. What must a court consider before making final orders other than workplace orders?

   (1)In deciding an application for a final order, the Magistrates Court must consider the following:

   (a)the objects of this Act (set out in section 6) and the principles for making protection orders (set out in section 7);

   (b)the welfare of each child (if any) affected, or likely to be affected, by the respondent’s conduct;

   (c)the accommodation needs of the aggrieved person, each child (if any) of the aggrieved person, and each child (if any) of the respondent;

   (d)any hardship that may be caused to the respondent or anyone else by the making of a protection order;

   (e)if the court proposes to include in the protection order a prohibition or requirement mentioned in section 48 (3)—the income, assets and liabilities of the respondent and the aggrieved person (other than an aggrieved person who is a child);

   NoteA prohibition under s 48 (3) (a) prohibits the respondent from taking possession of personal property reasonably needed by the aggrieved person or a child of the aggrieved person.  A requirement under s 48 (3) (b) requires the respondent to give the aggrieved person personal property reasonably needed by the aggrieved person or a child of the aggrieved person.

   (f)whether contact between the aggrieved person or the respondent, and any child of either of them, is relevant to the making of the protection order, and to any relevant family contact order of which the court is aware;

   (g)if the respondent has previously engaged in conduct that is domestic violence, personal violence or personal violence in relation to a workplace—that conduct;

   (h)if a protection order has previously been made in relation to the respondent—the protection order;

   (i)if the respondent has previously contravened a protection order—the contravention;

   (j)the need to ensure that property is protected from damage.

   NoteThis section does not apply to consent orders (see s 43 (2) (b)).

   (2)The Magistrates Court may also consider anything else that is relevant.

   (3)A failure by the Magistrates Court to consider the matter mentioned in subsection (1) (f) before making an order does not affect the validity of the order.

   (4)In subsection (1) (h) and (i):

   protection order includes the following orders:

   (a)an order under a law of a State, another Territory or New Zealand that has the same effect or substantially the same effect as a protection order;

   (b)a protection order made under the Domestic Violence Agencies Act 1986 as in force at any time;

   (c)a protection order made under the Domestic Violence and Protection Orders Act 2001 as in force at any time;

   (d)a restraining order made under the Magistrates Court Act 1930 before 27 March 2002.

1. What final orders (other than workplace orders) may contain

   (1)A final order (other than a workplace order) may contain the conditions or prohibitions the Magistrates Court considers necessary or desirable.

   Note  This Act (including this section) is subject to the objects set out in s 6 and the principles for making protection orders set out in s 7.

   (2)Without limiting subsection (1), the order may do 1 or more of the following:

   (a)prohibit the respondent from being on premises where the aggrieved person lives;

   (b)prohibit the respondent from being on premises where the aggrieved person works;

   (c)prohibit the respondent from being on premises where the aggrieved person is likely to be;

   (d)prohibit the respondent from being in a particular place;

   (e)prohibit the respondent from being within a particular distance from the aggrieved person;

   (f)prohibit the respondent from contacting, harassing, threatening or intimidating the aggrieved person;

   (g)prohibit the respondent from damaging the aggrieved person’s property;

   (h)prohibit the respondent from doing anything mentioned in paragraphs (a) to (g) in relation to—

   (i)a child of the aggrieved person; or

   (ii)any other child if the Magistrates Court is satisfied that there is an unacceptable risk of the child being exposed to domestic violence;

   (i)prohibit the respondent from causing someone else to do something mentioned in paragraph (f) or (g) or subsection (3) (a);

   (j)state the conditions on which the respondent may—

   (i)be on particular premises; or

   (ii)be in a particular place; or

   (iii)approach or contact a particular person.

   (3)Also, an order that includes a prohibition mentioned in subsection (2) (a) may—

   (a)prohibit the respondent from taking possession of particular personal property that is reasonably needed by the aggrieved person or a child of the aggrieved person; or

   (b)require the respondent to give the aggrieved person particular personal property that is in the respondent’s possession and is reasonably needed by the aggrieved person or a child of the aggrieved person.

   (4)A final order made as a consent order may contain a condition or prohibition that a final order made other than as a consent order may contain, but it is not necessary for the Magistrates Court to consider whether the condition or prohibition is necessary or desirable.

Division 6.2               Workplace orders

1. Definitions—div 6.2

   In this division:

   aggrieved person, for a workplace order—

   (a)means the employer of the person against whom the conduct is directed; and

   (b)if the workplace is a child facility, includes—

   (i)a person in control of the child facility; and

   (ii)an employee of an employer mentioned in paragraph (a).

   child facility means—

   (a)a preschool, childcare centre, school, or other similar facility the main purpose of which is the care or education of children; or

   (b)a paediatric ward, or other facility in a hospital the main purpose of which is to provide health services for children; or

   (c)a place of care or a therapeutic protection place under the Children and Young People Act 2008; or

   (d)an office or other facility used by or for the Territory for children or young people who are, under the Children and Young People Act 2008, care and protection chapters, in need of care and protection or in therapeutic protection.

   NoteThe Children and Young People Act 2008, s 344 defines a child or young person in need of care and protection.

2. What is personal violence for a workplace?

   For this division, a person’s conduct is personal violence in relation to a workplace if the person—

   (a)causes personal injury, or threatens to cause personal injury, to an employee in the employee’s capacity as an employee at the workplace; or

   (b)causes damage to property, or threatens to cause damage to property, in the workplace in a way that causes reasonable fear in an employee; or

   (c)is harassing or offensive to an employee in the employee’s capacity as an employee at the workplace.

3. Effect of availability of workplace orders

   The availability of workplace orders under this Act does not create a new right or obligation in relation to employment relationships.

4. Grounds for making workplace orders

   (1)The Magistrates Court may, on application, make a workplace order in relation to a workplace if satisfied that the respondent—

   (a)has engaged in personal violence in relation to the workplace; and

   (b)may engage in personal violence in relation to the workplace during the time the order is proposed to operate if the order is not made.

   Note 1An aggrieved person may apply for a workplace order (see s 18).

   Note 2An aggrieved person, for a workplace order, is the employer, not the person who has suffered the violence (see dict, def aggrieved person).

   (2)The Magistrates Court may make a workplace order in relation to a workplace that is a child facility if satisfied that the respondent poses a risk to people at the workplace, for example, children, carers or teachers.

   Note1    This section does not apply to consent orders (see s 43 (2) (b)).

   Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

5. What must a court consider before making workplace orders?

   (1)In deciding an application for a workplace order, the Magistrates Court must consider the following:

   (a)the objects of this Act (set out in section 6) and the principles for making protection orders (set out in section 7);

   (b)any hardship that may be caused to the respondent or anyone else because of the making of a workplace order;

   (c)if the respondent has previously engaged in conduct that is domestic violence, personal violence or personal violence in relation to a workplace—that conduct;

   (d)if a protection order has previously been made in relation to the respondent—the protection order;

   (e)if the respondent has previously contravened a protection order—the contravention;

   (f)the need to ensure that property in the workplace is protected from damage.

   NoteThis section does not apply to consent orders (see s 43 (2) (b)).

   (2)The Magistrates Court may also consider anything else that is relevant.

   (3)In subsection (1) (d) and (e):

   protection order includes the following orders:

   (a)an order under a law of a State, another Territory or New Zealand that has the same effect or substantially the same effect as a protection order;

   (b)a protection order made under the Domestic Violence Agencies Act 1986 as in force at any time;

   (c)a protection order made under the Domestic Violence and Protection Orders Act 2001 as in force at any time;

   (d)a restraining order made under the Magistrates Court Act 1930 before 27 March 2002.

6. What workplace orders may contain

   (1)A workplace order may contain the conditions or prohibitions the Magistrates Court considers necessary or desirable.

   NoteThis Act (including this section) is subject to the objects set out in s 6 and the principles for making protection orders set out in s 7.

   (2)Without limiting subsection (1), the order may do 1 or more of the following:

   (a)prohibit the respondent from entering the workplace;

   (b)prohibit the respondent from being within a particular distance from the workplace;

   (c)prohibit the respondent from contacting, harassing, threatening or intimidating an employee at the workplace;

   (d)prohibit the respondent from damaging property in the workplace;

   (e)prohibit the respondent from causing someone else to do something mentioned in paragraph (c) or (d);

   (f)state the conditions on which the respondent may enter or approach the workplace, or approach or contact an employee.

   (3)A workplace order made as a consent order may contain a condition or prohibition mentioned in subsection (2), but it is not necessary for the Magistrates Court to consider whether the condition or prohibition is necessary or desirable.

Division 6.3               Length of final orders etc

Note 1An interim order may be made on application for a final order (see s 30).

Note 2See s 46 for the grounds for making final orders (other than workplace orders) and s 52 for the grounds for making workplace orders.

1. Length of final domestic violence orders

   (1)A final order that is a domestic violence order remains in force for—

   (a)2 years; or

   (b)if a shorter period is stated in the protection order—the period stated.

   (2)However, the Magistrates Court may make a domestic violence order that remains in force for longer than 2 years if satisfied that there are special or exceptional circumstances that justify the longer period.

   (3)A final order that is a domestic violence order must not be longer than 2 years if made as a consent order.

2. Length of final personal protection orders

   A final order that is a personal protection order remains in force for—

   (a)1 year; or

   (b)if a shorter period is stated in the protection order—the period stated.

3. Firearms and final orders

   (1)This section applies if a final order is made in relation to a respondent who is the holder of a firearms licence.

   Note 1Firearms licence—see the dictionary.

   Note 2For the application of this section to consent orders, see s 43 (3).

   (2)The firearms licence is cancelled by force of this section.

   (3)However, the Magistrates Court may, on application when the final order is made, order that the firearms licence not be cancelled under this section if—

   (a)the final order is a personal protection order; and

   (b)the court is satisfied that the firearms licence should not be cancelled.

   (4)The Magistrates Court may make a consent order that the firearms licence not be cancelled under this section only if the final order is a personal protection order.

   (5)The Magistrates Court may order—

   (a)the seizure of the firearms licence; and

   (b)the seizure of any firearm or ammunition in the respondent’s possession.

Part 7Amendment of orders

1. Amendment generally

   (1)The Magistrates Court may, on application, amend a protection order if satisfied that—

   (a)the order as amended could be made on application for a protection order; and

   (b)if the amendment would reduce the protection of a child who is 15 years old or younger—the child is no longer in need of the greater protection provided by the unamended protection order.

   (2)If the protection order has been amended by being extended, the order must mention that it has been extended.

   (3)This section does not apply in relation to a kind of amendment if this Act (apart from this section) expressly deals with the grounds for that kind of amendment or for revocation.

   Note 1The following sections expressly deal with the grounds for amendment:

   ·     s 61 (Extension of general interim orders made by consent)

   ·     s 62 (Extension of final orders)

   ·     s 78 (Emergency amendment and revocation of emergency orders)

   ·     s 79 (Non‑emergency amendment and revocation of emergency orders).

   Note 2Pt 11 deals with review of orders.

2. Amendment of interim orders

   (1)The Magistrates Court may, on application by any of the following people, amend an interim order:

   (a)the aggrieved person for the order;

   (b)the respondent for the order;

   (c)a police officer.

   NoteIf a form is approved under the Court Procedures Act 2004 for an application under this section, the form must be used.

   (2)However, the Magistrates Court may amend the interim order only if satisfied that—

   (a)either—

   (i)there has been a change in the circumstances of a party to the order; or

   (ii)the order causes unnecessary hardship to the respondent; and

   (b)amending the order will not adversely affect the safety of the aggrieved person or a child of the aggrieved person.

   Example

   The interim order, when first made, did not exclude the respondent from the family home. Several days after the interim order is made, the respondent behaves in a way that increases the risk of harm to the aggrieved person. The aggrieved person now needs an amendment of the interim order to exclude the respondent from the family home.

   Note 1For service of an amended interim order, see s 64.

   Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

3. Temporary amendment of final orders

   (1)The Magistrates Court may, on application by an aggrieved person or respondent, amend (a temporary amendment) a final order (the original order) for a stated period.

   NoteIf a form is approved under the Court Procedures Act 2004 for an application under this section, the form must be used.

   (2)An application for a temporary amendment must state the grounds for the application.

   Examples

   1     the applicant has had a significant change in circumstances since the original order was made

   2     the original order restricts the respondent’s rights unnecessarily

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (3)An application for a temporary amendment must be made before the original order ends.

   (4)However, the Magistrates Court may amend the original order for a stated period only if satisfied that—

   (a)the amendment is necessary because of a matter of significant importance affecting 1 or more parties; and

   (b)the parties have taken reasonable steps to deal with the matter without amending the order; and

   (c)amending the order for a stated period is the only reasonable way to deal with the matter; and

   (d)amending the order will not adversely affect the safety of the aggrieved person or a child of the aggrieved person; and

   (e)it is proper, in all the circumstances, to amend the order for the stated period.

   (5)The order amending the original order must state—

   (a)the time and date when the amendment starts and ends; and

   (b)the reasons for the amendment.

4. Extension of general interim orders made by consent

   (1)The Magistrates Court may, on application, amend a general interim order that is a consent order by extending it for an additional period, or further additional period, of up to 8 weeks.

   (2)However, a general interim order must not be extended if the extension would mean the order would be in force for more than 16 weeks.

   Note 1The registrar may extend a general interim order if the application for the final order has not been served on the respondent (see s 41F) or if the registrar is exercising the Magistrates Court’s jurisdiction to make a consent order.

   Note 2A special interim order made as a consent order continues in force until the application for the final order is decided (see s 42A).

5. Extension of final orders

   (1)The Magistrates Court may, on application, amend a final order (the original order) by extending it.

   (2)An application to extend the original order must be made at least 21 days before the day the original order is to end.

   (3)However, the Magistrates Court may allow someone to apply for an extension less than 21 days before the end of the original order.

   (4)If the original order is a domestic violence order, the Magistrates Court must, on application, amend the original order by extending it for a stated period unless satisfied that a protection order is no longer necessary to protect the aggrieved person from domestic violence by the respondent.

   (5)If the original order is a personal protection order, the Magistrates Court may amend the original order by extending it only if satisfied that a protection order is still necessary to protect the aggrieved person from personal violence by the respondent.

   (6)Subsections (3) and (4) do not apply if the order amending the original order by extending it is a consent order.

   (7)The parties may consent to an application being made out of time under this section.

   NoteAn interim order may be applied for on an application for extension of a final order.

Part 8Service of non-emergency protection orders

1. Service of applications

   (1)If the court receives an application for a non‑emergency protection order, the registrar must serve—

   (a)on the applicant—a timing notice for the application; and

   (b)on the relevant people—

   (i)a copy of the application; and

   (ii)a timing notice for the application.

   (2)If the return date set under section 22 is not the day the application is received, the registrar must act under subsection (1) as soon as is practicable.

   (3)If the return date set under section 22 is the day the application is received, the registrar must act under subsection (1) after the application has gone before the Magistrates Court and the court has set a further date for the application’s return before the court.

   (4)Service on the applicant or respondent under subsection (1) must be personal service unless the Magistrates Court makes an order under section 66 (If personal service impractical).

   (5)If the return date for an application is changed under section 34 (Interim orders—return date for hearing to decide final order) or section 41B (3) (General interim orders—taken to be special interim orders if related charges laid), and the registrar has already served a timing notice for the application, the registrar must serve a revised timing notice on each person already served with a timing notice.

   (6)In this section:

   relevant people means—

   (a)the respondent; and

   (b)anyone else the registrar is satisfied has a relevant interest in the proceeding who does not already have a copy of the application.

   Example—person with a relevant interest in the proceeding

   a parent or guardian of a child who is an aggrieved person if the parent or guardian does not live with the child

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   timing notice, for an application, means a notice stating—

   (a)a return date for the application; and

   (b)if a special interim order is made on the application—that a later return date for a hearing to decide the application will be set after all related charges are finalised.

2. Service of non-emergency protection orders

   (1)If the Magistrates Court makes a non-emergency protection order, the registrar must—

   (a)if the order is an interim order—serve 2 copies of the order (1 marked as the endorsement copy) on the respondent not later than—

   (i)for a general interim order—14 days before the return date for the application for the final order; or

   (ii)for a special interim order—14 days after the special interim order is made; and

   (b)if the order is not an interim order—serve a copy of the order on the respondent; and

   (c)give a copy of the order to—

   (i)each other party to the proceeding; and

   (ii)the chief police officer; and

   (iii)the registrar of firearms.

   (2)If the registrar is serving a special interim order on a person, the registrar must also give the person a notice telling the person that—

   (a)the respondent may apply to the court for review of the order under section 90A (Application for review of special interim orders); and

   (b)the court will set a return date for a hearing to decide the application after all related charges are finalised.

   (3)Service under subsection (1) (a) must be personal service unless—

   (a)the respondent is present when the protection order is made; or

   (b)the Magistrates Court makes an order under section 66 (If personal service impractical).

2.1Definitions—sch 2

In this schedule:

authorised person under the Children and Young People Act 2008—see the Children and Young People Act 2008, dictionary.

care and protection chapters—see the Children and Young People Act 2008, dictionary.

2.2Permitted publication about proceedings

Table 2.2

column 1

item

column 2

permitted publication about proceedings

1

information circulated in accordance with—

(a)     an order of the Magistrates Court; or

(b)     the written permission of a magistrate

2

information communicated to a court or tribunal under the Family Law Act 1975 (Cwlth), section 60CF (1) or (2) (Informing court of relevant family violence orders)

3

information given to a criminal justice entity under the Crimes (Sentencing) Act 2005, section 136 (Information exchanges between criminal justice entities)

4

information given to the director‑general in relation to the exercise of the director‑general’s functions

5

information given to the director‑general responsible for, or an authorised person under, the Children and Young People Act 2008 to allow the director‑general to exercise the director‑general’s powers under the care and protection chapters of that Act

6

information given to the public advocate in relation to the exercise of the public advocate’s functions

7

a pleading, transcript of evidence or other document communicated to—

(a)     people concerned with any other proceeding in a court or tribunal for use in relation to that proceeding; or

(b)     people concerned with the disciplinary proceeding of a lawyer, for use in relation to that proceeding; or

(c)     an entity that grants legal aid, to help decide whether to provide legal aid in a particular case

8

matter published in law reports or other technical or professional publications

9

matter given to someone in relation to the person’s professional practice

10

information about a party to a proceeding, or a protection order made in the proceeding, communicated to another person, with the party’s permission, for the purpose of organising the party’s personal affairs

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     civil union

·     civil union partner

·     document

·     domestic partner (see s 169)

·     exercise

·     Magistrates Court

·     penalty unit (see s 133)

·     police officer

·     public advocate

·     Supreme Court.

aggrieved person means—

(a)for a domestic violence order or personal protection order—a person against whom the conduct that may be domestic or personal violence has been, or is likely to be, directed; or

(b)for a workplace order—see section 49.

amend an order includes amend the order by extending it.

ammunition—see the Firearms Act 1996, dictionary.

appealable decision means a decision mentioned in section 96.

application means an application for a protection order (other than an interim order).

Note 1As a protection order includes an order amending a protection order, an application includes an application to amend a protection order.

Note 2An interim order may only be made as an interlocutory step in a proceeding on an application for a final order, so there is not a separate application for an interim order.

child, of a person, includes—

(a)a child who normally lives with the person; and

(b)a child for whom the person is a guardian.

NoteA child is someone under 18 years old (see Legislation Act, dict, pt 1).

child facility—see section 49.

consent order means a protection order made under section 43.

copy, in relation to a document to be served in a proceeding, means—

(a)if the document has been entered into the record of the Magistrates Court—a true copy sealed or stamped with the seal of the court; or

(b)in any other case—a true copy.

disability guardian, of a person—see the Guardianship and Management of Property Act 1991, dictionary, definition of guardian.

domestic partner includes a former domestic partner.

domestic violence—see section 13 (1).

domestic violence offence—see section 13 (2).

domestic violence order—see section 10 (2).

emergency order means an order under part 9, and includes an order amending or revoking an emergency order if made outside the Magistrates Court’s sitting hours.

employee means an individual engaged by someone—

(a)under a contract of service; or

(b)under a contract for services; or

(c)under an apprenticeship; or

(d)under an approved training contract under the Training and Tertiary Education Act 2003; or

(e)to work for the person as a volunteer.

employer means someone who engages an individual—

(a)under a contract of service; or

(b)under a contract for services; or

(c)under an apprenticeship; or

(d)under an approved training contract under the Training and Tertiary Education Act 2003; or

(e)to work as a volunteer.

family contact order, in relation to a protection order under this Act, means an order or injunction mentioned in the Family Law Act 1975 (Cwlth), section 68P (1) (a) that—

(a)provides for a child to spend time with a person; or

(b)expressly or impliedly requires or authorises a person to spend time with a child.

finalised, for an outstanding related charge, for division 4.4 (Special interim orders—related domestic violence charges outstanding)—see section 42.

final order means a protection order that is not an interim order or emergency order, and includes an order amending a final order.

firearm—see the Firearms Act 1996, section 6.

firearms licence—see the Firearms Act 1996, dictionary, definition of licence.

general interim order—see section 28A.

interim order—see section 28A.

judicial officer means any of the following:

(a)a magistrate;

(b)if a regulation provides for the exercise of the Magistrate’s Court’s jurisdiction by the registrar, the registrar;

(c)if a regulation provides for the exercise of the Magistrate’s Court’s jurisdiction by a deputy registrar, a deputy registrar.

non-emergency protection order means a protection order, other than an emergency order.

outstanding, for a charge, for part 4 (Interim orders)—see section 28C.

personal protection order—see section 11 (4).

personal violence—

(a)for this Act generally—see section 14; and

(b)for division 6.2 (Workplace orders)—see section 50.

person with a legal disability means—

(a)a child; or

(b)a person with a mental disability.

person with a mental disability, in relation to a proceeding, means a person who is not legally competent to be a party to the proceeding because of a mental or intellectual disability, and includes such a person even if a disability guardian has not been appointed for the person.

protection order means a domestic violence order or a personal protection order, and includes—

(a)an interim order; and

(b)an emergency order; and

(c)a workplace order; and

(d)an order about the seizure of a firearms licence, firearm or ammunition; and

(e)an order amending a protection order, including an order for a temporary amendment under section 60.

recognised court, for part 12 (Reciprocal arrangements)—see section 102.

recognised order, for part 12 (Reciprocal arrangements)—see section 102.

registered order, for part 12 (Reciprocal arrangements)—see section 102.

registrar—see the Magistrates Court Act 1930, dictionary.

related, for a charge—see section 28B.

relative—see section 15A.

relevant person—see section 15.

respondent—see section 9 (1).

return date, for an application, means the day fixed by the Magistrates Court for return of the application before the court.

sitting hours, of the Magistrates Court, means the time, on a day when the court is open for business, between the earliest and latest times that the court would normally sit on that day.

special interim order—see section 28A.

workplace order means an order under division 6.2 (Workplace orders).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Domestic Violence and Protection Orders Act 2008 A2008-46

   notified LR 10 September 2008
   s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
   amdts 3.22-3.25 commenced 30 May 2009 (LA s 79A and see Sexual and Violent Offences Legislation Amendment Act 2008 A2008‑41, s 2 and CN2009-3)
   remainder commenced 30 March 2009 (s 2)

   as amended by

   Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.8

   notified LR 9 September 2008
   s 1, s 2 commenced 9 September 2008 (LA s 75 (1))
   sch 1 pt 1.8 commenced 30 May 2009 (s 2 and CN2009-4)

   Justice and Community Safety Legislation Amendment Act 2009 A2009-7 sch 1 pt 1.5

   notified LR 5 March 2009
   s 1, s 2 commenced 5 March 2009 (LA s 75 (1))
   sch 1 pt 1.5 commenced 30 March 2009 (s 2 (2) and see Domestic Violence and Protection Orders Act 2008 A2008-46 s 2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.56

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.56 commenced 1 July 2011 (s 2 (1))

   Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.16

   notified LR 22 November 2011
   s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
   sch 1 pt 1.16 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)

   Civil Unions Act 2012 A2012-40 sch 3 pt 3.11

   notified LR 4 September 2012
   s 1, s 2 commenced 4 September 2012 (LA s 75 (1))

   sch 3 pt 3.11 commenced 11 September 2012 (s 2)

   Crimes Legislation Amendment Act 2013 A2013-12 pt 6

   notified LR 17 April 2013
   s 1, s 2 commenced 17 April 2013 (LA s 75 (1))

   pt 6 commenced 24 April 2013 (s 2)

   Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.11

   notified LR 4 November 2013
   s 1, s 2 commenced 4 November 2013 (LA s 75 (1))

   sch 2 pt 2.11 commenced 7 November 2013 (s 2 and CN2013-11)

   NoteThe High Court held this Act to be of no effect (see Commonwealth v Australian Capital Territory [2013] HCA 55)

   Crimes (Domestic and Family Violence) Legislation Amendment Act 2015 A2015‑40 pt 3

   notified LR 4 November 2015
   s 1, s 2 commenced 4 November 2015 (LA s 75 (1))

   pt 3 commenced 5 November 2015 (s 2 (1))

   Courts Legislation Amendment Act 2015 (No 2) A2015‑52 pt 7

   notified LR 26 November 2015
   s 1, s 2 commenced 26 November 2015 (LA s 75 (1))

   pt 7 commenced 10 December 2015 (s 2 (2))

   Domestic Violence and Protection Orders Amendment Act 2016 A2016‑9 pt 2

   notified LR 1 March 2016
   s 1, s 2 commenced 1 March 2016 (LA s 75 (1))

   pt 2 commenced 2 March 2016 (s 2)

   Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.18

   notified LR 16 March 2016
   s 1, s 2 commenced 16 March 2016 (LA s 75 (1))

   sch 1 pt 1.18 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)

   Animal Welfare Amendment Act 2016 A2016-19 sch 1 pt 1.2

   notified LR 13 April 2016
   s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
   sch 1 pt 1.2 commenced 31 May 2016 (s 2, CN2016-11 and see LA s 77 (3))

   as repealed by

   Family Violence Act 2016 A2016-42 s 203 (as am by A2017‑10 s 7)

   notified LR 18 August 2016
   s 1, s 2 commenced 18 August 2016 (LA s 75 (1))
   s 203 commenced 1 May 2017 (s 2 (2) as am by A2017‑10 s 7)

   Family and Personal Violence Legislation Amendment Act 2017 A2017‑10 s 7

   notified LR 6 April 2017
   s 1, s 2 commenced 6 April 2017 (LA s 75 (1))
   s 7 commenced 30 April 2017 (s 2 (1))

   Note

   This Act only amends the Family Violence Act 2016

   
   A2016‑42

   .

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   What is domestic violence etc?

   s 13def animal violence offence am A2016‑19 amdt 1.4; pars renum R13 LA

   Who is a relevant person?

   s 15sub A2009‑7 amdt 1.13

   am A2012‑40 amdt 3.40

   Who is a relative?

   s 15Ains A2009‑7 amdt 1.13

   am A2012‑40 amdts 3.41-3.43, A2013‑39 amdt 2.23 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))

   Registrar sets return date

   s 22am A2016‑9 s 4

   Preliminary conferences

   s 24am A2016‑9 s 5

   Registrar may adjourn proceedings etc

   s 23am A2015‑40 s 7

   Referrals to mediation

   s 25am A2015‑52 s 23

   Preparation for hearings in Magistrates Court

   s 26am A2016‑9 s 6

   Definitions

   div 4.1 hdgins A2015‑40 s 8

   Meaning of interim order, general interim order and special interim order—Act

   s 28Ains A2015‑40 s 8

   def general interim order ins A2015‑40 s 8

   def interim order ins A2015‑40 s 8

   def special interim order ins A2015‑40 s 8

   Meaning of related charges—Act

   s 28Bins A2015‑40 s 8

   Meaning of outstanding charges—pt 4

   s 28Cins A2015‑40 s 8

   Making interim orders

   div 4.2 hdgins A2015‑40 s 8

   Interim orders—grounds for making

   s 29 hdgsub A2015‑40 s 9

   Interim orders—only on application for final order

   s 30 hdgsub A2015‑40 s 10

   s 30am A2015‑40 s 11

   Interim orders—general interim orders and special interim orders

   s 30Ains A2015‑40 s 12

   Interim orders—court consideration of children

   s 31 hdgsub A2015‑40 s 13

   Interim orders—respondent with legal disability

   s 32 hdgsub A2015‑40 s 14

   Interim orders—service of application unnecessary

   s 33 hdgsub A2015‑40 s 15; A2016‑9 s 7

   Interim orders—return date for hearing to decide final order

   s 34 hdgsub A2015‑40 s 16

   s 34am A2015‑40 s 17, s 18

   sub A2016‑9 s 8

   Special interim order—return date for final order

   s 34Ains A2015‑40 s 19

   om A2016‑9 s 8

   Interim orders—content

   s 35 hdgsub A2015‑40 s 20

   Interim orders—endorsement of consent or objection

   s 36orig s 36

   reloc and renum as s 41C

   pres s 36

   ins A2016‑9 s 9

   Length of interim orders not by consent

   s 37om A2015‑40 s 24

   Interim orders—ending

   s 38sub A2015‑40 s 26

   om A2016‑9 s 10

   What if interim orders would expire before final orders are served?

   s 39om A2015‑40 s 27

   Interim orders—respondent’s firearms

   s 40 hdgsub A2015‑40 s 28

   General interim orders—no related charges

   div 4.3 hdgins A2015‑40 s 30

   General interim orders—only one may be made

   s 41om A2015‑40 s 29

   ins A2015‑40 s 30

   General interim orders—length

   s 41Ains A2015‑40 s 30

   General interim orders—ending

   s 41AAins A2016‑9 s 11

   General interim orders—taken to be special interim orders if related charges laid

   s 41Bins A2015‑40 s 30

   am A2016‑9 s 12, s 13

   General interim orders—becoming final orders

   s 41C hdg(prev s 36 hdg) sub A2015‑40 s 21

   s 41C(prev s 36) am A2015‑40 s 22, s 23

   reloc and renum as s 41C A2015‑40 s 24

   om A2016‑9 s 14

   General interim orders—further orders

   s 41Dins A2015‑40 s 30

   General interim orders—extension of orders

   s 41Eins A2015‑40 s 30

   General interim orders—expiry before final order served

   s 41Fins A2015‑40 s 30

   Special interim orders—related domestic violence charges outstanding

   div 4.4 hdgins A2015‑40 s 30

   Meaning of outstanding related charges finalised—div 4.4

   s 42om A2015‑40 s 29

   ins A2015‑40 s 30

   Special interim orders—ending

   s 42Ains A2015‑40 s 30

   sub A2016‑9 s 15

   Special interim orders—application not to be decided until related charges finalised

   s 42Bins A2015‑40 s 30

   am A2016‑9 s 16

   Special interim orders—final application decided

   s 42Cins A2015‑40 s 30

   Consent orders

   s 43am A2015‑40 s 31

   Consent orders—party with legal disability

   s 44 hdgsub A2015‑40 s 32

   Consent orders—length of general interim orders

   s 45sub A2015‑40 s 33

   Amendment generally

   s 58am A2015‑40 s 34

   Extension of general interim orders made by consent

   s 61sub A2015‑40 s 35

   Service of applications

   s 63am A2016‑9 ss 17-19; ss renum R11 LA

   Service of non‑emergency protection orders

   s 64am A2015‑40 s 36; A2016‑9 s 20; ss renum R11 LA

   If personal service not required

   s 65om A2016‑9 s 21

   If personal service impracticable

   s 66sub A2016‑9 s 22

   Application for review of special interim orders

   s 90Ains A2015‑40 s 37

   Review of special interim orders

   s 90Bins A2015‑40 s 37

   Application for review of particular final orders

   s 91am A2015‑40 s 38, s 39

   Application by respondent for review of order finalised under s 36

   s 93 hdgsub A2015‑40 s 40

   s 93am A2015‑40 s 41, s 42

   Review of order finalised under s 36

   s 94 hdgsub A2015‑40 s 43

   s 94am A2015‑40 s 44

   Evidence of registered orders

   s 110om A2011‑48 amdt 1.22

   Deciding application if criminal proceedings

   s 113am A2015‑40 s 45

   Transitional

   pt 20 hdgexp 30 March 2010 (s 216)

   Definitions—pt 20

   s 200exp 30 March 2010 (s 216)

   Legislation repealed

   s 201om LA s 89 (3)

   Construction of outdated references

   s 202exp 30 March 2010 (s 216)

   Applications for protection orders made but not heard under repealed Act

   s 203exp 30 March 2010 (s 216)

   Proceedings begun under repealed Act

   s 204exp 30 March 2010 (s 216)

   Application for amendment or revocation under repealed Act

   s 205exp 30 March 2010 (s 216)

   Application by respondent for leave to apply for amendment or revocation under repealed Act

   s 206exp 30 March 2010 (s 216)

   Existing protection orders under repealed Act

   s 207exp 30 March 2010 (s 216)

   Review of consent orders under repealed Act

   s 208exp 30 March 2010 (s 216)

   Appeals under repealed Act

   s 209exp 30 March 2010 (s 216)

   Protection of proceedings under repealed Act

   s 210exp 30 March 2010 (s 216 (LA s 88 declaration applies))

   Application for registration of recognised order under repealed Act

   s 211exp 30 March 2010 (s 216)

   Registration of recognised orders under repealed Act

   s 212exp 30 March 2010 (s 216)

   Amendment or revocation of recognised order under repealed Act

   s 213exp 30 March 2010 (s 216)

   Amendment or revocation of recognised order by Magistrates Court under repealed Act

   s 214exp 30 March 2010 (s 216)

   Transitional regulations

   s 215exp 30 March 2010 (s 216)

   Expiry—pt 20

   s 216exp 30 March 2010 (s 216)

   Legislation amended—sch 3

   s 217exp 30 March 2010 (s 216)

   Domestic violence offences against other legislation

   sch 1 table 1.2       am A2008‑44 amdt 1.54, amdt 1.55; items renum R2 LA; A2013‑12 s 31, s 32; items renum R7 LA

   Permitted publication about proceedings

   sch 2am A2011‑22 amdts 1.174-1.177

   Bail Act 1992

   sch 3 pt 3.1om LA s 89 (3)

   Children and Young People Act 2008

   sch 3 pt 3.2om LA s 89 (3)

   Court Procedures Act 2004

   sch 3 pt 3.3om LA s 89 (3)

   Crimes Act 1900

   sch 3 pt 3.4om LA s 89 (3)

   Crimes (Restorative Justice) Act 2004

   sch 3 pt 3.5om LA s 89 (3)

   Crimes (Sentencing) Act 2005

   sch 3 pt 3.6om LA s 89 (3)

   Dangerous Substances Act 2004

   sch 3 pt 3.7om LA s 89 (3)

   Domestic Violence Agencies Act 1986

   sch 3 pt 3.8om LA s 89 (3)

   Evidence (Miscellaneous Provisions) Act 1991

   sch 3 pt 3.9om LA s 89 (3)

   Firearms Act 1996

   sch 3 pt 3.10         om LA s 89 (3)

   Firearms Regulation 1997

   sch 3 pt 3.11om LA s 89 (3)

   Magistrates Court Act 1930

   sch 3 pt 3.12om LA s 89 (3)

   Prohibited Weapons Regulation 1997

   sch 3 pt 3.13om LA s 89 (3)

   Dictionary

   dictam A2012‑40 amdt 3.44, A2013‑39 amdt 2.24 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)); A2016‑13 amdt 1.56

   def finalised ins A2015‑40 s 46

   def general interim order ins A2015‑40 s 46

   def interim order sub A2015‑40 s 47

   def outstanding ins A2015‑40 s 48

   def related ins A2015‑40 s 48

   def relative sub A2009‑7 amdt 1.14

   def relevant person sub A2009‑7 amdt 1.14

   def special interim order ins A2015‑40 s 48

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date		Effective	Last amendment made by		Republication for
R1 30 Mar 2009		30 Mar 2009 29 May 2009	A2009‑7		new Act and amendments by A2009‑7
R2 30 May 2009		30 May 2009– 30 Mar 2010	A2009‑7		commenced provisions and amendments by A2008‑44
R3 31 Mar 2010		31 Mar 2010– 30 June 2011	A2009‑7		commenced expiry
R4 1 July 2011		1 July 2011– 29 Feb 2012	A2011‑22		amendments by A2011‑22
R5 1 Mar 2012		1 Mar 2012– 10 Sept 2012	A2011‑48		amendments by A2011‑48
R6 11 Sept 2012		11 Sept 2012– 23 Apr 2013	A2012‑40		amendments by A2012‑40
R7 24 Apr 2013		24 Apr 2013– 6 Nov 2013	A2013‑12		amendments by A2013‑12
R8 7 Nov 2013	never effective		A2013‑39 (never effective)	amendments by A2013‑39
R8 (RI) 7 Nov 2013	7 Nov 2013– 4 Nov 2015		A2013‑39 (never effective	amendments by A2013‑39
R9 5 Nov 2015	5 Nov 2015– 9 Dec 2015		A2015‑40	amendments by A2015‑40
R10 10 Dec 2015	10 Dec 2015– 1 Mar 2016		A2015-52	amendments by A2015-52
R11 2 Mar 2016	2 Mar 2016– 31 Mar 2016		A2016‑9	amendments by A2016‑9
R12 1 Apr 2016	1 April 2016– 30 May 2016		A2016-13	amendments by A2016-13
R13 31 May 2016	31 May 2016– 12 July 2016		A2016‑19	amendments by A2016‑19
R14 13 July 2016	13 July 2016– 30 Apr 2017		A2016‑19	editorial amendments under Legislation Act