Family Violence Act 2016 (ACT)

Family Violence Act 2016

A2016-42

Republication No 17

Effective: 1 July 2025

Republication date: 1 July 2025

Last amendment made by A2024‑40

(republication for amendments by A2023-45)

About this republication

The republished law

This is a republication of the Family Violence Act 2016 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2025.

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 includes 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 $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Family Violence Act 2016

Contents

Page

Preamble  2
Part 1      Preliminary
1            Name of Act  3
3            Dictionary  3
4            Notes  3
5Offences against Act—application of Criminal Code etc 4
Part 2      Objects and important concepts
Division 2.1              Objects
6            Objects of Act  5
7           How objects are to be achieved  5
Division 2.2              Important concepts
8            Meaning of family violence  6
9            Meaning of family member  9
10          Meaning of intimate partner  9
11          Meaning of relative  10
Division 2.3              Other important matters
12          Principle about procedures  13
13          Balance of probabilities  13
13A         Rules of evidence  13
Part 3      Family violence orders
Division 3.1              Matters to be considered when making family violence orders
14          Matters to be considered—family violence orders  14
15Family Law Act order 16
Division 3.2              Applications for protection orders
16          Who may apply for protection orders?  16
16A         Child may apply for protection order in same application as parent        17
16B         Applications by police officers  17
17          Application forms that require affected person’s address  18
18          What if application is made for the wrong order?  18
19          What if application for the wrong order is decided?  19
Division 3.3              Interim orders
Subdivision 3.3.1A    Seeking interim orders
19A         Who may seek interim orders?  20
Subdivision 3.3.1     Making interim orders
20          Interim orders—may be made any time before application for final order is decided    21
21          Interim orders—grounds for making  21
22          Interim orders—general interim orders and special interim orders         22
Subdivision 3.3.2     General interim orders
23          General interim orders—only 1 may be made  22
24          General interim orders—length  23
25          General interim orders—ending  23
26          General interim orders—taken to be special interim orders if related charges laid       23
27          General interim orders—further orders  24
28          General interim orders—extension for non‑service of application          25
29          General interim orders—extension for non‑service of final order           25
Subdivision 3.3.3     Special interim orders
30          Special interim orders—ending  26
31          Special interim orders—application not to be decided until related charges finalised     26
32          Special interim orders—final application decided  27
Division 3.4              Consent orders
33          Consent orders  28
33A         Consent to interim order becoming final order  29
Division 3.5              Final orders
34          Final orders—grounds for making  30
35          Final orders—length  31
Division 3.6              Conditions of family violence orders
36          Safety of affected person and children paramount  31
37          Least restrictive principle  31
38          Conditions—general  32
39          Exclusion conditions  34
40          Personal property orders  35
41          Conditions—consent orders  35
42          Conditions may apply for shorter time than order  35
Division 3.7              Effect of family violence orders
43          Offence—contravention of family violence order  36
44          Firearms licences  37
44A         Family violence order continues in force when protected person becomes adult        37
Part 4      Procedural matters
Division 4.1              What Magistrates Court must do after receiving application for protection order
45          Meaning of timing notice  38
46          Interim order not sought  38
47          Interim order sought  39
48          Service of application etc on others  41
Division 4.2              Preliminary conferences
49          Preliminary conferences—generally  41
50          Adjournment of preliminary conference for non-service  42
51          If no consent order at preliminary conference  42
Division 4.2A            Non-attendance by party
52          Meaning of returned before the court—div 4.2A  43
53          Applicant not present at return of application  43
54          Respondent not present at return of application  43
54A         Neither party present at return of application  44
Division 4.3              Hearings
58          Hearings usually in public  44
59          Public hearing not required  44
60          Closed hearings in special circumstances  45
60A         Notice of grounds of defence  46
60B         Applicant may rely on additional information in hearing  47
60C         If child and child’s parent are affected people  47
60D         Children as witnesses  47
61          Discontinuance  48
62          Admissibility of preliminary conference evidence  48
62A         Giving evidence by affidavit for interim order  49
63          Examination of affected person by self-represented respondent           49
64          Undertakings by respondent  50
65          Court may inform itself  51
Division 4.4              Making of protection orders
66          Explaining orders if respondent present  51
67          Explaining orders if protected person present  52
68          Reasons for order  53
69          Orders generally not to include protected person’s address                53
Division 4.4A            Service of documents
70A         Personal service of application on respondent  53
70B         Dismissal of application for non-service  54
70C         Service of protection orders  54
70D         Self-represented parties  55
70E         Service of documents by police  56
70F         Giving documents to child or child’s parent or guardian  56
70G         Affidavit of service of documents by police  56
Division 4.5              Other procedural matters
71          Police officer party to proceeding—substitution of applicant etc            57
71A         Request for further particulars  57
73          Costs  58
Division 4.6              Party with impaired decision-making ability
74          Meaning of impaired decision-making ability  59
75          Child respondents  59
76          Representation—party with impaired decision-making ability               59
77          Consent orders—party with impaired decision-making ability               61
Division 4.7              Appointment etc of litigation guardian
78          Litigation guardian—appointment  61
79          Litigation guardian—powers  62
80          Litigation guardian—responsibilities  62
81          Litigation guardian—removal  62
Part 5      Amendment of protection orders
82          Amendment of protection orders—who may apply  64
82A         Amendment of protection orders—preliminary conferences                64
82B         Provisional amendment of protection order in special or exceptional circumstances    66
83          Amendment of protection orders  67
84          Final orders—temporary amendment  68
85          General interim orders made by consent—extension  68
86          Final orders—extension  68
Part 6      Review of orders
87          Special interim orders—application for review  69
88          Special interim orders—review  69
89          Final orders—application for review  70
90          Final orders—review  71
91          Consent orders—review  71
91A         Review of orders—preliminary conference  72
91B         Magistrate review of registrar decisions  74
92          Appealable decisions  75
93          Appeals to Supreme Court  75
95          Evidence on appeal  76
96          Powers of Supreme Court on appeal  76
97          Effect of filing appeal  76
Part 7      After-hours orders
98          Meaning of business hours—pt 7  77
99          Police officer may apply for after-hours order  77
100         After-hours orders—grounds for making  77
101         After-hours orders—application  78
102         After-hours orders—making  79
103         After-hours orders—refusal  79
104         After-hours orders—records  80
105         After-hours orders—detention of person against whom order sought      80
106         After-hours orders—length  81
107         After-hours orders—amendment or revocation  81
108         Service of after-hours orders  82
109         Police required to explain after-hours orders  82
110         Police to give reasons for not applying for after‑hours order                82
Part 8      Court-initiated actions
111         Application—pt 8  83
112         Court-initiated interim orders  83
113         Interim court-initiated protection order taken to be special interim order    84
114         Amendment of existing protection order if later family violence charge    85
Part 9      National recognition of FVOs
Division 9.1              Preliminary
115         Definitions—pt 9  86
116         Meaning of family violence concern—pt 9  88
117         Meaning of properly notified—pt 9  89
118         Special provisions for registered foreign orders  90
Division 9.2              National recognition of FVOs
Subdivision 9.2.1     General principles
119         Recognition of FVOs  90
120         Amendment of FVOs  91
121         Revocation of recognised FVOs  91
122         Recognised FVO prevails over earlier comparable FVOs  92
123         Making new orders  93
Subdivision 9.2.2     Enforcement of recognised FVOs
124         Recognised FVOs and amendments are enforceable against respondent 93
125         Contravention of enforceable recognised FVOs  94
Subdivision 9.2.3     Enforcement of non-local FVOs
126         Non-local FVOs to be treated as local FVOs  95
127         Licences, permits and other authorisations  95
128         Recognition of disqualification to hold firearms licence  96
129         Recognition of disqualification to hold prohibited weapons permit           97
130         Costs—non-local FVO  98
Division 9.3              Amendment and revocation of recognised non-local FVOs
131         Meaning of court—div 9.3  98
132         Power of court to amend or revoke recognised non-local FVOs            98
133         Application for amendment or revocation of recognised non-local FVO    99
134         Decision about hearing of application  99
Division 9.3A            Registration of foreign orders
134A        Applications for registration of foreign orders  100
134B        Registration of foreign orders  101
Division 9.4              Exchange of information
135         Issuing authorities may obtain FVO information  101
136         Issuing authorities must provide FVO information  101
137         Law enforcement agencies may obtain FVO information                   102
138         Information to be provided to law enforcement agencies                   102
Division 9.5              Other matters
139         Certificate evidence—notification  102
Division 9.6              Application of pt 9—existing protection orders
Subdivision 9.6.1     Preliminary
140         Meaning of commencement day—div 9.6  103
141         Enforcement of FVOs under other provisions  103
Subdivision 9.6.2     FVOs to which scheme applies
142         FVOs made in the ACT  104
143         FVOs made in other jurisdictions  104
Subdivision 9.6.3     Extension of scheme to older FVOs
144         FVOs declared to be recognised FVOs  105
145         FVOs declared to be recognised in other jurisdictions before commencement day       105
Subdivision 9.6.4     Power to declare FVO to be recognised
146         Power to declare FVO to be recognised  106
147         Application for order  107
148         Functions of registrar may be exercised by court  107
Part 10     Miscellaneous
Division 10.1            Public access and publication
149         Publication of reports about proceedings—offence  108
150         Publication of reports about proceedings—exceptions to offence        109
Division 10.2            Other matters
151         Deciding application if criminal proceedings  109
152         Criminal and civil liability not affected by family violence orders           110
153         Crimes Act, s 397 (1)  110
154         Working out time if less than 5 days  110
155         Regulation-making power  110
156         Review of Act  111
Part 23     Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
Division 23.1            General
211         Definitions—pt 23  112
212         Transitional regulations  112
213         Expiry—pt 23  113
Division 23.2            Ending action etc for family violence orders
214         Application—div 23.2  113
215         Enforcement action  113
216         Family violence order procedures, proceedings etc  114
Division 23.3            Validity of past family violence order action
217         Meaning of family violence order action—div 23.3  115
218         Past lawful acts not affected  116
219         Protection from liability  116
220         No entitlement to compensation etc  116
Part 24     Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
Division 24.1            General
221         Definitions—pt 24  117
222         Transitional regulations  117
223         Expiry—pt 24  118
Division 24.2            Ending action etc for family violence orders
224         Application—div 24.2  118
225         Enforcement action  118
226         Family violence order procedures, proceedings etc  119
Division 24.3            Validity of past family violence order action
227         Meaning of family violence order action—div 24.3  120
228         Past lawful acts not affected  121
229         Protection from liability  121
230         No entitlement to compensation etc  121
Schedule 1 Permitted publication about proceedings          122
1.1          Definitions—sch 1  122
1.2          Permitted publication about proceedings  122
Dictionary124
Endnotes
1            About the endnotes  132
2            Abbreviation key  132
3            Legislation history  133
4            Amendment history  136
5            Earlier republications  146
6            Expired transitional or validating provisions  147

Family Violence Act 2016

An Act to protect people from family violence, and for other purposes

Preamble

In enacting this Act, the Legislative Assembly recognises the following principles:
(a)family violence is unacceptable in any form;
(b)freedom from family violence is a human right;
(c)the justice system should respect and protect all human rights in accordance with the Human Rights Act 2004 and international law;
(d)family violence is best addressed through a coordinated legal and social response of assistance to victims and the prevention of violence by such things as promoting the accountability of perpetrators of family violence and the appropriate intervention by the police and the courts.
The Legislative Assembly also recognises the following features of family violence:
(a)anyone can be a victim of family violence: it occurs in all areas of society, regardless of location, socioeconomic and health status, age, culture, gender, sexual identity, ability, ethnicity or religion;
(b)family violence is predominantly committed by men against women and children;
(c)family violence extends beyond physical violence and may involve the exploitation of power imbalances and patterns of abuse over many years;
(d)children exposed to family violence are particularly vulnerable and the exposure may have a serious impact on their current and future physical, psychological and emotional wellbeing.

The Legislative Assembly for the Australian Capital Territory therefore enacts as follows:

Part 1Preliminary

Name of Act
This Act is the Family Violence Act 2016.
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)).
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.
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 2Objects and important concepts
Division 2.1 Objects

Objects of Act
The objects of this Act include—
(a)to prevent and reduce family violence; and
(b)to ensure the safety and protection of people, including children, who fear, experience or witness family violence; and
(c)to encourage perpetrators of family violence to be accountable for their conduct.
How objects are to be achieved
This Act aims to achieve its objects by—
(a)giving the courts power to make family violence orders to protect people from family violence; and
(b)creating offences to enforce family violence orders; and
(c)ensuring that access to the courts is as simple, quick and inexpensive as is consistent with justice; and
(d)by recognising family violence orders made elsewhere in Australia and New Zealand.

Division 2.2 Important concepts

Meaning of family violence
(1)In this Act:
family violence means—
(a)any of the following behaviour by a person in relation to a family member of the person:
(i)physical violence or abuse;
(ii)sexual violence or abuse;
(iii)emotional or psychological abuse;
(iv)economic abuse;
(v)threatening behaviour;
(vi)coercion or any other behaviour that—
(A)controls or dominates the family member; and
(B)causes the family member to feel fear for the safety or wellbeing of the family member or another person; or
(b)behaviour that causes a child to hear, witness or otherwise be exposed to behaviour mentioned in paragraph (a), or the effects of the behaviour.
Examples—par (b)
1overhearing threats being made in another room of the house
2seeing an assault or seeing injuries on a family member who has been assaulted
3seeing people comfort a family member who has been abused
(2)Without limiting subsection (1), family violence by a person in relation to a family member of the person includes the following:
(a)sexually coercive behaviour;
(b)damaging property;
(c)harming an animal;
(d)stalking;
(e)deprivation of liberty;
(f)harmful use of, or interference with, technology.
Examples—par (f)
1     use of an electronic device to publish intimate images of a family member without the member’s consent
2     causing a computer system to deny access to a family member who is an authorised user of the system
3     using an electronic messaging system to send abusive or threatening messages or images to a family member
4     using software to track a family member’s whereabouts or computer use
5     creating a false social media account to disseminate adverse information about a family member
6     using social media to publish intimate images of a person without the person’s consent
(3)In this section:
economic abuse, of a family member, means behaviour by a person that is coercive, deceptive or that unreasonably controls the family member without the family member’s consent including by the person’s exploitation of power imbalances between the person and the family member—
(a)in a way that takes away the financial independence or control the family member would have but for the behaviour; or
(b)if the family member is wholly or predominantly dependent on the person for financial support to meet the living expenses of the family member or the family member’s child—by withholding the financial support.
Examples
1     stopping the family member from having access to money to meet normal living expenses
2     requiring the family member to transfer or hand over control of assets or income
3     stopping the family member from trying to get employment
4     forcing the family member to sign a legal document such as a power of attorney, loan, guarantee
5     forcing the family member to claim social security payments
emotional or psychological abuse, of a family member, means behaviour by a person that torments, intimidates, harasses or is offensive to the family member including by the person’s exploitation of power imbalances between the person and the family member.
Examples
1     stopping the family member from visiting or having contact with family or friends
2     stopping the family member from engaging in cultural or spiritual practices
3     repeated derogatory or racist comments
4     threatening to disclose personal information about the family member
5     threatening to withhold medication, personal health care items or other things necessary to the family member’s health or quality of life
6     threatening to self-harm as a way of intimidating the family member
Meaning of family member
In this Act:
family member, of a person, means—
(a)a domestic partner or former domestic partner of the person; or
(b)an intimate partner or former intimate partner of the person; or
(c)a relative of the person; or
(d)a child of a domestic partner or former domestic partner of the person; or
(e)a parent of a child of the person.
Note 1A domestic partner need not be an adult (see Legislation Act, s 169).
Note 2Intimate partner—see s 10.
Relative—see s 11.
Meaning of intimate partner
(1)In section 9:
intimate partner, of a person—
(a)means someone with whom the person has an intimate relationship, whether they are members of the same household or not; but
(b)does not include—
(i)a domestic partner; or
(ii)another person with whom the person has a relationship only because a service is provided between them—
(A)for fee or reward; or
(B)on behalf of another person (including a government or corporation); or
(C)on behalf of an organisation the principal objects or purposes of which are charitable or benevolent.
(2)For subsection (1), 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)the frequency of contact between each other;
(e)if there is, or has been, a sexual relationship;
(f)the extent to which each is involved in, or knows about, the other’s personal life;
(g)the degree of mutual commitment to a shared life;
(h)if the 2 people share care or support for children or other dependents.
Meaning of relative
(1)In section 9:
relative, of a person—
(a)means the 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 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 person had been married to or in a civil union with the domestic partner; and
NoteFor 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 person; and
(ii)if the person is an Aboriginal or Torres Strait Islander person, the following people:
(A)someone the person has responsibility for, or an interest in, in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community;
(B)someone who has responsibility for, or an interest in, the person in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community; and
(iii)someone regarded and treated by the person as a relative; and
(iv)someone with whom the person has a family-like relationship; and
(v)anyone else who could reasonably be considered to be, or have been, a relative of the person.
(2)For subsection (1) (c) (iv), factors that indicate whether there is a family-like 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)the frequency of contact between each other;
(e)the extent to which each is involved in, or knows about, the other’s personal life;
(f)if the people live together or relate together in a home environment;
(g)if the relationship is regarded as being family-like by the community in which each live.
Example
a relationship between a person with disability and the person’s carer that has developed into a relationship that is like that between family members
(3)In this section:
Aboriginal or Torres Strait Islander person means a person who—
(a)is a descendant of an Aboriginal person or a Torres Strait Islander person; and
(b)identifies as an Aboriginal person or a Torres Strait Islander person; and
(c)is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.

Division 2.3 Other important matters

Principle about procedures
Procedures for this Act are to be as simple, quick and inexpensive as is consistent with achieving justice.
Balance of probabilities
If a 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.

13ARules of evidence
To remove any doubt, the Magistrates Court need not comply with the rules of evidence applying in the ACT in a proceeding under this Act.
NoteThe Magistrates Court may inform itself in any way it considers appropriate in a proceeding for a family violence order (see s 65).

Part 3Family violence orders
Division 3.1 Matters to be considered when making family violence orders

Matters to be considered—family violence orders
(1)In deciding whether to make a family violence order, a court must consider the following:
(a)the objects of this Act in section 6;
(b)the affected person’s perception of the nature and seriousness of the respondent’s alleged conduct;
(c)the welfare of any child that is an affected person;
(d)the accommodation needs of the affected person and any child of the affected person or respondent;
(e)any hardship that may be caused to the respondent or anyone else by the making of the order;
(f)any previous family violence or personal violence by the respondent in relation to the affected person or anyone else;
(g)any previous family violence order made in relation to the respondent;
(h)any previous contravention of a family violence order by the respondent;
(i)the need to ensure that property is protected from damage.
NoteAn affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).
(2)The court may also consider anything else the court considers relevant.
(3)A failure of the court to comply with subsection (1) in relation to a family violence order does not affect the validity of the order.
(4)In this section:
family violence order—
(a)means a protection order or an after-hours order under this Act; and
(b)includes the following:
(i)a protection order under the Personal Violence Act 2016;
(ii)a protection order under the Domestic Violence Agencies Act 1986 as in force at any time;
(iii)a protection order under the Domestic Violence and Protection Orders Act 2001 as in force at any time;
(iv)a protection order under the Domestic Violence and Protection Orders Act 2008 as in force at any time;
(v)a restraining order under the Magistrates Court Act 1930 before 27 March 2002;
(vi)an order under a law of a State, another Territory or New Zealand that has or had the same effect, or substantially the same effect, as a protection order under this Act or a protection order under the Personal Violence Act 2016.
Family Law Act order
(1)In deciding whether to make a family violence order, a court must enquire whether a Family Law Act order applies to—
(a)any child of the affected person and respondent; or
(b)any other child that is an affected person.
Note 1A family violence order means a protection order or an after-hours order (see dict).
Note 2The Family Law Act 1975 (Cwlth), s 68R gives a Territory court, in a proceeding for a family violence order, jurisdiction under certain circumstances to revive, vary, discharge or suspend a Family Law Act order.
(2)In this section:
Family Law Act order—
(a)means a parenting order, recovery order, injunction, undertaking, parenting plan or recognisance mentioned in the Family Law Act 1975 (Cwlth), section 68R; and
(b)includes any proceeding for a parenting order, recovery order, injunction, undertaking, parenting plan or recognisance.

Division 3.2 Applications for protection orders

Who may apply for protection orders?
(1)An affected person may apply to the Magistrates Court for a protection order.
Note 1Only a police officer may apply for an after-hours order (see s 99).
Note 2A child under 14 years old cannot be a respondent to an application for a protection order (see s 75).
(2)The following people may apply to the Magistrates Court for a protection order for an affected person:
(a)a police officer;
(b)a litigation guardian for the person or any other person with a right to apply for the person.
Examples—s (2) (b)
1 a parent or guardian of a child
2 an agent of the person
Note 1An affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).
Note 2If an application is made by a police officer—the affected person, a litigation guardian or any other person with a right to apply for the affected person may be substituted as the applicant for the protection order (see s 71).
Note 3If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.

16AChild may apply for protection order in same application as parent
(1)This provision applies if a child and the child’s parent are each an affected person in relation to the same or similar family violence by a respondent.
(2)An application for a protection order by the child may be included in an application for a protection order by the child’s parent.
NoteThe court may hear the application of the child and the child’s parent separately (see s 60C).

16BApplications by police officers
(1)This section applies if a police officer makes an application for a protection order for an affected person.
(2)The police officer must tell the Magistrates Court whether the affected person consents to the application.

Application forms that require affected person’s address
(1)This section applies if a form approved under the Court Procedures Act 2004, section 8 for an application for a family violence order requires the affected person’s home or work address to be included in the application.
Note An affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).
(2)The address need not be included in the application.
NoteIf a party to an application for a protection order is not represented by a lawyer, any address for service given to the court must not be given to the other party without the self-represented party’s consent (see s 70D).
(3)For this section, if the affected person is not the applicant, affected person includes the applicant.
What if application is made for the wrong order?
(1)This section applies if—
(a)a person applies for a protection order under this Act; and
(b)the order may not be made because the conduct on which the application is based—
(i)is not conduct that the order could restrain; but
(ii)is conduct that an order under the Personal Violence Act 2016 could restrain; and
(c)the application has not been decided.
(2)The Magistrates Court may make a protection order under the Personal Violence Act 2016 even though that protection order was not properly applied for if—
(a)the person honestly applied for the order under this Act; and
(b)had the application been properly made, the court could have made the protection order under the Personal Violence Act 2016.
(3)This section does not apply to a consent order under this Act.
NoteA consent order may be made whether or not any ground for making the order has been made out (see s 33 (2) (b)).
What if application for the wrong order is decided?
(1)This section applies if—
(a)a person applies for a protection order under this Act; and
(b)the order cannot be validly made because the conduct on which the application is based is not conduct that the order could restrain; and
(c)the application is decided before it becomes apparent that paragraph (b) applies; and
(d)a protection order under this Act is purportedly made (the invalid order); and
(e)had an application been properly made, the court could have made a protection order under the Personal Violence Act 2016 of the same kind as the invalid order.
Example—when this section does not apply because of par (e)
A police officer applied for an after-hours order. The conduct relied on was, in fact, personal violence under the Personal Violence Act 2016. This section does not apply because there is no equivalent order to an after-hours order under the Personal Violence Act 2016.
(2)The invalid order is taken to be an order properly applied for and validly made under the Personal Violence Act 2016.
Example
An interim order is made under this Act. In the proceeding to decide the application for a final order the court decides that the protected person is not a family member of the respondent. The court is satisfied, however, that the respondent’s conduct in relation to the affected person is personal violence under the Personal Violence Act 2016. The interim order made under this Act is taken to be an interim order validly made under the Personal Violence Act 2016.
(3)This section does not apply to a consent order under this Act.
NoteA consent order may be made whether or not any ground for making the order has been made out (see s 33 (2) (b)).

Division 3.3               Interim orders
Subdivision 3.3.1A    Seeking interim orders
19AWho may seek interim orders?
An applicant for a final order may seek an interim order—
(a)when making the application for the final order; or
(b)if the applicant does not seek an interim order under paragraph (a)—at any time before the application for the final order is decided if there has been a change in circumstances since the application was made; or
(c)if the applicant seeks an interim order under paragraph (a) or (b) and the court refuses to make the interim order—at any time before the application for the final order is decided if there has been a change in circumstances since the applicant last sought an interim order.
Examples—changes in circumstances
1     the applicant obtains information or legal advice about seeking an interim order after making the application for the final order or being refused an interim order
2     the applicant has experienced, or is likely to experience, further family violence or an escalation in family violence

Subdivision 3.3.1 Making interim orders

Interim orders—may be made any time before application for final order is decided
If an application for a final order is made, the Magistrates Court may make an interim order at any time before the application for the final order is decided.
NoteThe court may also make court-initiated interim orders (see s 112).

Interim orders—grounds for making
A court may make an interim order if satisfied that the order is necessary to do either or both of the following until the application for the final order is decided:
(a)ensure the safety of an affected person from family violence;
(b)prevent substantial damage to an affected person’s property.
Note 1The court must consider the matters mentioned in s 14 in deciding whether to make the interim order.
Note 2An affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).
Interim orders—general interim orders and special interim orders
(1)On an application for a final order, the Magistrates Court may make—
(a)a special interim order if 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.

Subdivision 3.3.2 General interim orders

General interim orders—only 1 may be made
Only 1 general interim order may be made in relation to an application for a final order unless section 27 (General interim orders—further orders) applies.
General interim orders—length
A general interim order must not be in force for more than 12 months plus any extension under—
(a)section 28 (General interim orders—extension for non‑service of application); or
(b)section 29 (General interim orders—extension for non‑service of final order).
General interim orders—ending
A general interim order ends if any of the following happens:
(a)if a period is stated in the order—the period, including any extension under section 28 or section 29, ends;
(b)the interim order is revoked;
(c)the application for a final order on which the interim order was made is discontinued or dismissed;
(d)a final order is made and the respondent is present when it is made.
General interim orders—taken to be special interim orders if related charges laid
(1)This section applies if—
(a)the court makes a general interim order; 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 for the final order.
(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 the same conditions as the general interim order.
NoteThe application for the final order must not be decided until all related charges are finalised (see s 31 (1)).
(3)Unless section 31 (2) (Special interim orders—application not to be decided until related charges finalised) applies, the return date for a hearing to decide the application for the final order must be changed after all related charges are finalised to a day as soon as practicable after the day all related charges are finalised.
NoteUnder s 31 (2), an application for a final order may be finalised by the court before all related charges are finalised by consent or if a party is not present at a time when the application for the final order is returned before the Magistrates Court.
General 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 objects of this Act and how those objects are to be achieved as set out in section 7) that justify the making of a further general interim order.
NoteSection 24 limits the length of a further general interim order.
(3)Only 1 further general interim order may be made under this section in relation to an application for a final order.
(4)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 83).
General interim orders—extension for non‑service of application
(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 for the final order and a timing notice.
(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 more than 8 weeks.
General interim orders—extension for non‑service of final order
(1)This section applies if—
(a)a final order is made; 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 application for the final order would, but for this section, expire before the final order is served on the respondent.
NoteA further order may be made in special or exceptional circumstances (see s 27).
(2)The general interim order is extended—
(a)until the final order is served on the respondent; or
(b)if, despite reasonable attempts, the final order is unable to be served on the respondent—for the period the final order would have been in force under section 35 (Final orders—length), had it been served.

Subdivision 3.3.3 Special interim orders

Special 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 for a final order on which the special interim order was made is discontinued or dismissed;
(c)a final order is made and the respondent is present when it is made;
(d)if a final order is made but the respondent is not present when it is made—the final order is served on the respondent.
Special interim orders—application not to be decided until related charges finalised
(1)If a court makes a special interim order, the court must not decide the application for the final order until all related charges are finalised.
NoteAn interim order made by a court under pt 8 (Court-initiated actions) is taken to be a special interim order (see s 113).
(2)However, the application for the final order may be finalised by the court before all related charges are finalised—
(a)under section 53 (Applicant not present at return of application); or
(b)under section 54 (Respondent not present at return of application); or
(c)by consent.
Special interim orders—final application decided
(1)This section applies if—
(a)a court makes a special interim order; and
(b)all charges related to the special interim order are finalised; and
(c)the application for the final order has not yet been decided.
NoteThe court must not decide the application for the final order, unless by consent or because a party is not present at a time when the application is returned before the court, until all related charges are finalised (see s 31).
(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.
(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 for the final order 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 hearing of the application for the final order.

Division 3.4 Consent orders

Consent orders
(1)On application for a final order, the court may make an interim or final 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 court in relation to the application; and
(b)whether or not any ground for making the order has been made out; and
(c)whether or not the court has considered the matters mentioned in section 14; and
(d)without proof or admission of guilt.
Note Section 66 and s 67 apply to require the court to explain the order intended to be made under this section if the party to the order is before the court.
(3)Before making a final order under this section, the court may conduct a hearing in relation to the particulars of the application if the court is satisfied it is in the interests of justice to do so.
(4)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.
(5)However, this section does not allow the 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 for which the order may be made; or
NoteSection 24 limits the length of general interim orders and s 35 limits the length of final orders.
(c)if section 77 (Consent orders—party with impaired decision-making ability) applies.

33AConsent to interim order becoming final order
(1)This section applies if a court makes an interim order in the absence of a respondent.
(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.
(4)In this section:
endorsement copy, of an interim order, means the copy of the interim order marked as the endorsement copy under section 70C (1).

Division 3.5 Final orders

Final orders—grounds for making
(1)A court may, on application, make a final order if satisfied that—
(a)the affected person has reasonable grounds to fear family violence by the respondent; or
(b)the respondent has used family violence against the affected person.
Note 1The court must consider the matters mentioned in s 14 in deciding whether to make the final order.
Note 2An affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).
Note3 This section does not apply to consent orders (see s 33 (2) (b)).
(2)For this section—
(a)if some or all of the respondent’s alleged behaviour in relation to which the application is made appears to be minor or trivial when viewed in isolation, or appears unlikely to recur, the court must still consider whether the behaviour forms part of a pattern of behaviour by the respondent from which the affected person needs protection; and
(b)it is sufficient to establish that the affected person has reasonable grounds to fear family violence by the respondent, or that family violence has been used by the respondent in relation to the affected person, if the respondent has—
(i)engaged in behaviour mentioned in section 8 (1), definition of family violence, paragraph (a) in relation to the affected person; and
(ii)the behaviour constitutes an offence.
(3)However, it is not necessary to prove that any particular behaviour constitutes an offence to establish that family violence occurred.
Final orders—length
(1)A final order remains in force for—
(a)2 years, regardless of whether it is stated in the order; or
(b)if a shorter period is stated in the order—the period stated; or
(c)if the court is satisfied that there are special or exceptional circumstances that justify a longer period—the stated longer period.
NoteThe Magistrates Court must, on application, extend a final order unless satisfied the order is no longer necessary to protect the protected person from family violence by the respondent (see s 86).
(2)However, a final order made as a consent order must not be longer than 2 years.

Division 3.6 Conditions of family violence orders

Safety of affected person and children paramount
In deciding the conditions to be included in a family violence order, a court must give paramount consideration to the safety and protection of the affected person and any child directly or indirectly affected by the respondent’s alleged conduct.
Least restrictive principle
A court must ensure the conditions included in a family violence order are the least restrictive of the personal rights and liberties of the respondent as possible that still achieve the objects of this Act and give effect to section 36.
Conditions—general
(1)A family violence order may include the conditions the court considers necessary having regard to section 36 and section 37.
(2)Without limiting subsection (1), a family violence order may do 1 or more of the following:
(a)prohibit the respondent from being on premises where the protected person lives;
NoteSection 39 sets out matters to be considered when including a condition prohibiting a respondent from being on premises where the respondent lives.
(b)prohibit the respondent from being on premises where the protected person works;
(c)prohibit the respondent from being on premises where the protected 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 protected person;
(f)prohibit the respondent locating or attempting to locate the protected person;
(g)prohibit the respondent from contacting the protected person;
(h)prohibit the respondent from doing anything mentioned in section 8 (1), definition of family violence, paragraph (a);
(i)prohibit the respondent from doing anything mentioned in paragraphs (e) to (h) in relation to—
(i)a child of the protected person; or
(ii)any other child if the court is satisfied that there is an unacceptable risk of the child being exposed to family violence;
(j)prohibit the respondent from causing someone else to do something mentioned in paragraphs (f) to (i);
(k)prohibit the respondent from taking possession of stated personal property that is reasonably needed by the protected person or a child of the protected person;
(l)require the respondent to give the protected person stated personal property that the respondent possesses that is reasonably needed by the protected person or a child of the protected person;
(m)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; or
(iv)locate or attempt to locate the protected person;
(n)require the respondent to take part in a program of counselling, training, mediation, rehabilitation or assessment if satisfied that having regard to the respondent’s circumstances—
(i)the respondent is reasonably likely to participate in the program; and
(ii)that the respondent’s participation in the program is reasonably likely to reduce the risk of the respondent engaging in further family violence against the protected person.
Examples—par (k) and (l)—personal property
1personal clothing
2toiletries
3books
4photographs
5house or car keys
Examples—par (n)—respondent’s circumstances
1the respondent’s work or educational commitments
2the respondent’s transport options
3any disability the respondent may have
(3)A regulation may prescribe requirements for subsection (2) (n).
Exclusion conditions
(1)In deciding whether to include an exclusion condition in a family violence order, a court must consider the following:
(a)as primary factors—
(i)the physical, emotional and psychological needs of the protected people; and
(ii)any disability the protected people have; and
(b)as secondary factors—
(i)the accommodation needs of, and options for accommodation available to, the protected people, the respondent and any child of the protected person or respondent; and
(ii)the length of time required for a person mentioned in paragraph (b) (i) to find alternative accommodation.
(2)However, a court may include an exclusion condition in an interim order against a respondent who is a child only if the court is satisfied that adequate arrangements have been made for the child’s care (including education) and safety.
Example
if a government agency responsible for the care and protection of children has found alternative accommodation for the child
(3)If an applicant for a protection order seeks an exclusion condition in relation to the respondent and the court decides to make the order without the condition, the court must give reasons for the decision.
(4)In this section:
exclusion condition means a condition in a family violence order prohibiting the respondent from being on premises—
(a)where the respondent lives; or
(b)if the respondent is a child—where the child normally receives care (including education) or protection.
protected people, in relation to a respondent, means the protected person and any child directly or indirectly affected by the respondent’s alleged conduct.
Personal property orders
In deciding whether to include a condition mentioned in section 38 (2) (k) or (l), a court must consider the income, assets and liabilities of the respondent and the protected person (other than a protected person who is a child).
Conditions—consent orders
A final order made as a consent order may contain a condition that a final order made other than as a consent order may contain, but it is not necessary for the court to consider whether the condition is necessary.

Conditions may apply for shorter time than order
A condition in a family violence order may have effect for a period stated in the family violence order that is shorter than the period of the order.

Division 3.7 Effect of family violence orders

Offence—contravention of family violence order
(1)This section applies to a person against whom a family violence order is made if the person—
(a)was present when the family violence order was made; or
(b)has been personally served in accordance with this Act with a copy of the family violence order.
(2)The person commits an offence if the person engages in conduct that contravenes the family violence order (including a condition of the order).
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
NoteIn deciding the sentence to be imposed on a person under this section, the Magistrates Court must consider the matters under the Crimes (Sentencing) Act 2005, s 33 (Sentencing—relevant considerations).
(3)This section applies to conduct engaged in within the ACT as well as outside.
(4)A person does not commit an offence under the Criminal Code, section 45 (Complicity and common purpose) if the person—
(a)is a protected person under the family violence order; and
(b)aids, abets, counsels, procures, or is knowingly concerned in or a party to, the commission of conduct that contravenes the order (including a condition of the order).
Firearms licences
(1)If an interim order or an after-hours order is made against a respondent who is the holder of a firearms licence, the respondent’s firearms licence is suspended until the interim order or after-hours order ends.
NoteFor the application of this section to consent orders, see s 33 (3).
(2)If a final order is made against a respondent who is the holder of a firearms licence, the respondent’s firearms licence is cancelled.
(3)If a respondent’s firearms licence is suspended or cancelled, the court or judicial officer may order—
(a)the seizure of the firearms licence; and
(b)the seizure of any firearm or ammunition in the respondent’s possession.

44AFamily violence order continues in force when protected person becomes adult
(1)This section applies if—
(a)the court makes a family violence order; and
(b)a protected person is a child when the order is made.
(2)To remove any doubt, the order continues in force in accordance with the terms of the order and this Act when the protected person becomes an adult.

Part 4Procedural matters
Division 4.1 What Magistrates Court must do after receiving application for protection order

Meaning of timing notice
In this Act:
timing notice, for a preliminary conference, means a written notice stating—
(a)the return date, time and place of the conference; and
(b)that if a party to the application does not appear at the conference, the court may decide the application in the party’s absence.
Interim order not sought
(1)If the Magistrates Court receives an application for a protection order and an interim order is not sought, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
NoteFor the objects of a preliminary conference, see s 49.
(2)If the Magistrates Court decides to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the preliminary conference that is as soon as practicable after the day the application is received;
(b)as soon as practicable serve on the respondent—
(i)a copy of the application; and
(ii)a timing notice for the conference;
(c)as soon as practicable give the applicant a timing notice.
NoteThe application for the protection order and timing notice must be served personally on the respondent (see s 70A).
(3)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the application;
(b)as soon as practicable serve on the respondent—
(i)a copy of the application; and
(ii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
Interim order sought
(1)If the Magistrates Court receives an application for a protection order and an interim order is sought, the court must set a return date for the hearing of the interim order which is not later than 2 days after the day the application is received.
(2)After the hearing for the interim order, the Magistrate’s Court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
NoteFor the objects of a preliminary conference, see s 49.
(3)If the Magistrates Court decides to hold a preliminary conference, the registrar must do the following:
(a)set a return date for a preliminary conference which is as soon as practicable after the hearing; and
(b)as soon as practicable serve on the respondent—
(i)a copy of the application for the protection order; and
(ii)if an interim order was made—
(A)a copy of the application for the interim order; and
(B)a copy of the interim order; and
(iii)a timing notice for the conference; and
(c)as soon as practicable give the applicant a timing notice.
Note The application for the protection order and timing notice must be served personally on the respondent (see s 70A).
(4)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the application;
(b)as soon as practicable serve on the respondent—
(i)a copy of the application for the protection order; and
(ii)if an interim order was made—
(A)a copy of the application for the interim order; and
(B)a copy of the interim order; and
(iii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
(5)Subsection (3) continues to apply even if the order is taken to be a special interim order under section 26 (General interim orders—taken to be special interim orders if related charges laid) before a preliminary conference is held.
Service of application etc on others
(1)This section applies to a document required to be served under section 46 or section 47.
(2)The registrar—
(a)must also give a copy of the document to the following people:
(i)if the applicant or respondent is a child—the child’s parent or guardian;
(ii)if the applicant or respondent has a disability guardian—the guardian; and
(b)may also give a copy of the document to anyone else the registrar considers appropriate.
NoteSection 70F contains provisions about giving a document to a child or the child’s parent or guardian.
(3)The failure of the registrar to comply with subsection (2) (a) does not affect the validity of any protection order or other order under this Act.

Division 4.2 Preliminary conferences

Preliminary conferences—generally
The objects of a preliminary conference in relation to an application for a protection order are to—
(a)find out whether the proceeding for the order may be settled by consent before it is heard by the Magistrates Court; and
(b)ensure the application is ready to be heard as soon as practicable.
Note 1Before making a consent order, the court must explain certain things about the order (see s 66 and s 67).
Note 2Words spoken or anything done at the preliminary conference that is related to a question to be decided by the court in the proceeding for the protection order is generally inadmissible as evidence in the proceeding (see s 62).
Adjournment of preliminary conference for non-service
The registrar may adjourn a preliminary conference if—
(a)the registrar has set a return date for the preliminary conference; and
(b)the respondent has not been served in accordance with section 46 or section 47; and
(c)the registrar is satisfied the respondent may be served in accordance with section 46 or section 47 if further time for service were allowed.
Note 1The court may direct that service be effected in another way if personal service is not reasonably practicable (see s 70A (2)).
Note 2The registrar may also extend a general interim order (see s 28).
If no consent order at preliminary conference
If a preliminary conference in relation to an application for a protection order is held and a consent order is not made, the registrar must—
(a)set a return date for a further preliminary conference which is as soon as practicable after the day of the first conference; or
(b)set a return date for a hearing to decide the application for the final order; or
(c)if a special interim order has been made—adjourn the proceeding until all related charges are finalised.

Division 4.2A Non-attendance by party

Meaning of returned before the court—div 4.2A
For this division, a time when an application for a protection order is returned before the Magistrates Court means—
(a)a return date set for a preliminary conference; or
(b)a return date set for a hearing of the application for a final order.
Applicant not present at return of application
If the applicant is not present, personally or by a representative, at a time when an application for a protection order is returned before the Magistrates Court, the court must—
(a)dismiss the application; or
(b)adjourn the proceeding.
NoteAn interim order ends if the application for a final order on which the interim order was made is discontinued or dismissed (see s 25 and s 30).
Respondent not present at return of application
(1)This section applies to an application for a protection order if the respondent—
(a)has been served with a copy of the application and timing notice under section 46 or section 47; and
(b)is not present, personally or by a representative, at a time when the application is returned before the Magistrates Court.
(2)The Magistrates Court must—
(a)decide the application in the respondent’s absence; or
(b)if the court considers it appropriate—
(i)issue a warrant for the respondent to be arrested and brought before the court; and
(ii)adjourn the proceeding until the respondent is brought before the court.
(3)This section does not prevent the Magistrates Court from making an interim order in the proceeding.

54ANeither party present at return of application
(1)If neither party to an application for a protection order is present, personally or by a representative, at a time when the application is returned before the court, the Magistrates Court may order that the proceeding be dismissed.
(2)If the Magistrates Court orders that the proceeding be dismissed, the court must not make an order about costs.

Division 4.3 Hearings

Hearings usually in public
The hearing of an application for a protection order must be in public unless—
(a)section 59 applies; or
(b)the court makes an order under section 60.
Public hearing not required
(1)The hearing of an application for a protection order, or part of the hearing, need not be in public if—
(a)it is a hearing for an interim order; or
(b)a party is not present at a time when the application is returned before the court.
NoteDivision 4.2A provides for what happens if a party is not present when an application for a final order is returned before the court.
(2)In this section:
returned, in relation to an application for a protection order—see section 52.
Closed hearings in special circumstances
(1)A court hearing an application for a protection order may, if satisfied that it is in the interests of safety, justice or the public to do so, make an order—
(a)permitting—
(i)the hearing, or part of the hearing, to take place in private; and
(ii)stated people to be present at the hearing; or
(b)prohibiting or restricting the publication of—
(i)evidence given at, or received for, the hearing, whether in public or private; or
(ii)a matter in a document filed in the court for the proceeding; or
(c)prohibiting or restricting the disclosure to some or all of the parties to the proceeding of—
(i)evidence given, or received, at the hearing, whether in public or private; or
(ii)a matter in a document filed in the court for the proceeding.
(2)A person commits an offence if the person fails to comply with an order under this section.
Maximum penalty: 50 penalty units.
(3)For subsection (1), the making of an order is in the interests of safety, justice or the public if the order is necessary—
(a)to protect the affected person and any child directly or indirectly affected by the respondent’s alleged conduct; or
(b)to protect morals, public order or national security in a democratic society; or
(c)because the interest of the private lives of the parties require the privacy; or
(d)to the extent privacy is strictly necessary, in special circumstances of the application, because publicity would otherwise prejudice the interests of justice.

60ANotice of grounds of defence
(1)A respondent in a proceeding for an application for a protection order may file a notice of grounds of defence at any time before the end of the proceeding.
NoteIf a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.

(2)The registrar must serve the notice of grounds of defence on—
(a)the applicant; and
(b)anyone else the registrar is satisfied has a relevant interest in the proceeding.
Example
a parent or guardian of a child who is an applicant if the parent or guardian does not live with the child
(3)The respondent does not waive any objection the respondent may have on the grounds of lack of jurisdiction in the court to decide the proceeding only because the respondent files a notice of grounds of defence.

60BApplicant may rely on additional information in hearing
An applicant for a protection order may in a hearing of an application for a protection order—
(a)rely on information other than information stated in the application; and
(b)present additional information to support the application.

60CIf child and child’s parent are affected people
If a child and the child’s parent are an affected person in relation to the same or similar family violence by a respondent in a proceeding—
(a)if an application for a protection order by the child is included in an application for a protection order by the child’s parent under section 16A—the court may hear the application of the child and the child’s parent separately; or
(b)if the child is not a party to the proceeding—the court may join the child in the proceeding.

60DChildren as witnesses
(1)A child, other than a child who is party to a proceeding, may be called as a witness in the proceeding only with the court’s leave.
(2)In deciding whether to give leave, the court must consider—
(a)the need to protect the child from unnecessary exposure to the court system; and
(b)the harm that could be done to the child and the child’s relationship with a family member if the child gives evidence.
(3)If the court gives leave, the court may restrict cross-examination of the child if satisfied that it is in the best interests of the child to do so.

Discontinuance
(1)The applicant in a proceeding for a protection order may discontinue the proceeding at any time before a final decision is made in the proceeding by filing a notice of discontinuance.
Note 1The court may make an order for costs against an applicant if satisfied the application was vexatious, frivolous or in bad faith. However, an application is not vexatious, frivolous or in bad faith only because it is made then discontinued (see s 73).
Note 2If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
(2)If a proceeding is discontinued, the discontinuance—
(a)does not prevent a further application being made in relation to the same, or substantially the same, matter; and
(b)is not a defence in a proceeding on any further application.
Admissibility of preliminary conference evidence
(1)This section applies to a proceeding for a protection order if a preliminary conference is held in relation to the application for the order.
(2)Evidence must not be given before, or statements made in, the court about words spoken or anything done at the preliminary conference that is related to a question to be decided by the court in the proceeding unless—
(a)the parties otherwise agree; or
(b)the court is satisfied that there are substantial reasons why, in the interests of justice, the evidence should be given, or statements made.

62AGiving evidence by affidavit for interim order
(1)This section applies if a police officer applies for a protection order on behalf of an affected person.
(2)In a proceeding for an interim order, evidence may be given by an affidavit—
(a)made by the affected person or a police officer; and
(b)sworn or affirmed before a police officer of, or above, the rank of sergeant.
NoteAn affidavit may also be sworn or affirmed before a person mentioned in the Oaths and Affirmations Act 1984, s 11.

Examination of affected person by self-represented respondent
(1)This section applies if in a proceeding for a family violence order a respondent is not represented by a lawyer.
(2)An affected person must not be examined personally by the respondent.
NoteAn affected person includes any child who hears, witnesses or is otherwise exposed to family violence committed against another person (see s 8 (1), def family violence, par (b) and dict).
(3)The court must, as soon as practicable, tell the respondent—
(a)about this section; and
(b)that the respondent may not present evidence from another witness in relation to a fact in issue (the contested fact) to contradict the evidence of the affected person in relation to the contested fact if the other witness’s contradictory evidence has not been put to the affected person in cross‑examination.
(4)The court may—
(a)appoint a person to examine an affected person on the respondent’s behalf; or
(b)if the court considers it is in the interests of justice, do 1 or more of the following:
(i)adjourn the proceeding to enable the respondent to get a lawyer to conduct the examination;
(ii)make—
(A)an order that the person get a lawyer; and
(B)any other order the court considers necessary to get a lawyer for the person.
(5)A person appointed by the court for subsection (4) (a) may ask the witness only the questions that the respondent asks the person to put to the affected person, and must not independently give the respondent legal or other advice.
NoteIf the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see Evidence Act 2011, s 41 (1) (Improper questions)).
(6)In this section:
examine includes cross-examine and re-examine.

final order means a protection order that is not an interim order or after-hours 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.
foreign order, for part 9 (National recognition of FVOs)—see section 115.
FVO, for part 9 (National recognition of FVOs)—see section 115.
general interim order—
(a)means a protection order (including a consent order) made under section 22 (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.
general violence order, for part 9 (National recognition of FVOs)—see section 115.
impaired decision-making ability—see section 74.
interim FVO, for part 9 (National recognition of FVOs)—see section 115.
interim order means—
(a)a general interim order; or
(b)a special interim order.
interstate FVO, for part 9 (National recognition of FVOs)—see section 115.
interstate law enforcement agency, for part 9 (National recognition of FVOs)—see section 115.
issuing authority, for part 9 (National recognition of FVOs)—see section 115.
issuing jurisdiction, for part 9 (National recognition of FVOs)—see section 115.
judicial officer means any of the following:
(a)a magistrate;
(b)if a territory law provides for the exercise of the Magistrates Court’s jurisdiction by the registrar—the registrar;
(c)if a territory law provides for the exercise of the Magistrates Court’s jurisdiction by a deputy registrar—a deputy registrar.
NoteThe Court Procedures Rules 2006 may provide for the jurisdiction of the Magistrates Court otherwise exercisable by a magistrate to be exercised by the registrar or deputy registrar, in the cases and subject to the conditions prescribed under the rules (see Magistrates Court Act 1930, s 4 (4)).

jurisdiction, for part 9 (National recognition of FVOs)—see section 115.
litigation guardian, of a person, means a person appointed in accordance with section 78.
local FVO, for part 9 (National recognition of FVOs)—see section 115.
local law enforcement agency, for part 9 (National recognition of FVOs)—see section 115.
make, for part 9 (National recognition of FVOs)—see section 115.
New Zealand FVO, for part 9 (National recognition of FVOs)—see section 115.
non-local FVO, for part 9 (National recognition of FVOs)—see section 115.
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.

participating jurisdiction, for part 9 (National recognition of FVOs)—see section 115.
personal violence—see the Personal Violence Act 2016, section 8.
proceeding, for a family violence order, means—
(a)a proceeding for a protection order; or
NoteAs a protection order includes an order amending a protection order (see def protection order), a proceeding for a protection order includes a proceeding to amend the order.

(b)a proceeding to amend or revoke an after-hours order; or
(c)a proceeding to review a family violence order under part 6; or
(d)for part 8 (Court-initiated actions)—the family violence proceeding to the extent that the proceeding relates to the exercise of jurisdiction under this Act.
properly notified, for part 9 (National recognition of FVOs)—see section 117.
protection order—
(a)means—
(i)an interim order; or
(ii)a final order; and

(b)includes—
(i)an order about the seizure of a firearms licence, firearm or ammunition; and
(ii)an order amending a protection order, including an order for a provisional amendment under section 82B or a temporary amendment under section 84.

protected person means the person protected under a family violence order.
recognised amendment, for part 9 (National recognition of FVOs)—see section 120.
recognised FVO, for part 9 (National recognition of FVOs)—see section 119 and section 144.
registered foreign order, for part 9 (National recognition of FVOs)—see section 115.
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 to the application; and
(ii)a family member of the affected person; and

(b)the offence is against the affected person.
respondent means—
(a)a person in relation to whom an application for a family violence order has been made; or
(b)a person against whom a family violence order has been made; or
(c)for part 8 (Court-initiated actions)—the defendant in the family violence proceeding.
return date, for an application for a protection order or review of a protection order, means the day fixed by the Magistrates Court for return of the application before the court.
returned, in relation to an application for a protection order, for division 4.2A (Non-attendance by party)—see section 52.
revoke includes cancel.
special interim order—
(a)means a protection order (including a consent order) made under section 22 (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.
NoteAn interim order made by a court under pt 8 (Court-initiated actions) is taken to be a special interim order (see s 113).

timing notice, for a preliminary conference—see section 45.

Endnotes

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.
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

Legislation history
Family Violence Act 2016 A2016-42
notified LR 18 August 2016
s 1, s 2 commenced 18 August 2016 (LA s 75 (1))
pt 9 (ss 115-148), s 200, dict defs corresponding law, family violence concern, family violence order paragraph (b), final FVO, foreign order, FVO, general violence order, interim FVO, interstate FVO, interstate law enforcement agency, issuing authority, issuing jurisdiction, jurisdiction, local FVO, local law enforcement agency, make, New Zealand FVO, non-local FVO, participating jurisdiction, properly notified, recognised amendment, recognised FVO, registered foreign order commenced 18 August 2017 (s 2 (3) as am by A2017‑10 s 7)
remainder commenced 1 May 2017 (s 2 (2) as am by A2017‑10 s 7)
as amended by
Family and Personal Violence Legislation Amendment Act 2017 A2017‑10 pt 3
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))
ss 58-61, s 63, s 64 commenced 18 August 2017 (s 2 (2) and see Family Violence Act 2016 A2016-42, s 2 (3) (as am by this Act s 7))
pt 3 remainder commenced 1 May 2017 (LA s 79A and see Family Violence Act 2016 A2016-42, s 2 (2) (as am by this Act s 7))
as modified by
Family Violence (Transitional Provisions) Regulation 2017 SL2017-25
notified LR 17 August 2017
s 1, s 2 commenced 17 August 2017 (LA s 75 (1))
remainder commenced 18 August 2017 (s 2 and see Family Violence Act 2016 A2016-42, s 2 (3) (as am by A2017‑10 s 7))
as amended by
Statute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.6
notified LR 27 September 2017
s 1, s 2 commenced 27 September 2017 (LA s 75 (1))
sch 3 pt 3.6 commenced 11 October 2017 (s 2)
Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 10
notified LR 9 November 2017
s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
pt 10 commenced 25 November 2017 (s 2 (2) (a) and see SL2017-32 s 2)
Justice and Community Safety Legislation Amendment Act 2018 A2018-12 pt 5
notified LR 18 April 2018
s 1, s 2 commenced 18 April 2018 (LA s 75 (1))
pt 5 commenced 25 April 2018 (s 2)
Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.13
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.13 commenced 22 November 2018 (s 2 (1))
Crimes Legislation Amendment Act 2019 A2019-23 pt 9
notified LR 8 August 2019
s 1, s 2 commenced 8 August 2019 (LA s 75 (1))
pt 9 commenced 15 August 2019 (s 2 (1))
COVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.6
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))
sch 1 pt 1.6 commenced 8 April 2020 (s 2 (1))
COVID-19 Emergency Response Legislation Amendment Act 2021 A2021-1 sch 1 pt 1.11
notified LR 19 February 2021
s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
sch 1 pt 1.11 commenced 20 February 2021 (s 2 (1))
Family Violence Legislation Amendment Act 2022 A2022-13 pt 5
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
pt 5 commenced 17 August 2022 (s 2)
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.15
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.15 commenced 24 August 2022 (s 2)
Sexual Assault Reform Legislation Amendment Act 2023 A2023-15 sch 2 pt 2.2
notified LR 17 May 2023
s 1, s 2 commenced 17 May 2023 (LA s 75 (1))
sch 2 pt 2.2 commenced 24 May 2023 (s 2)
Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 pt 7
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
s 100, s 102, s 104, s 106, s 108 commenced 22 November 2023 (s 2 (1))
pt 7 remainder commenced 1 July 2025 (s 2 (3))
Sexual, Family and Personal Violence Legislation Amendment Act 2024 A2024-40 pt 4
notified LR 12 September 2024
s 1, s 2 commenced 12 September 2024 (LA s 75 (1))
pt 4 commenced 19 September 2024 (s 2)
Amendment history
Commencement
s 2sub A2017‑10 s 7
om LA s 89 (4)
Meaning of family violence
s 8am A2022‑13 s 93
Principle about procedures
s 12am A2017‑10 s 8
Rules of evidence
s 13Ains A2017‑10 s 9
Matters to be considered—family violence orders
s 14am A2017‑10 s 10, s 11; ss and pars renum R1 LA
Who may apply for protection orders?
s 16 hdgsub A2023‑15 amdt 2.3
s 16am A2023-45 s 100, s 101
Child may apply for protection order in same application as parent
s 16Ains A2017‑10 s 12
Applications by police officers
s 16Bins A2017‑10 s 12
Application forms that require affected person’s address
s 17am A2017‑10 s 13
Seeking interim orders
sdiv 3.3.1A hdg     ins A2024-40 s 6
Who may seek interim orders?
s 19Ains A2024-40 s 6
Interim orders—may be made any time before application for final order is decided
s 20am A2017‑10 s 14
sub A2024-40 s 7
General interim orders—length
s 24am A2017‑10 s 15
General interim orders—taken to be special interim orders if related charges laid
s 26am A2017‑10 s 16, s 17
General interim orders—further orders
s 27am A2023‑15 amdt 2.4
General interim orders—extension for non‑service of final order
s 29am A2024-40 s 8
Special interim orders—application not to be decided until related charges finalised
s 31am A2017‑10 s 18; pars renum R1 LA
Special interim orders—final application decided
s 32am A2017‑10 s 19, s 20
Consent orders
s 33am A2023‑15 amdt 2.5
Consent to interim order becoming final order
s 33Ains A2017‑10 s 21
Final orders—length
s 35am A2017‑10 s 22
Offence—contravention of family violence order
s 43am A2024-40 s 9
Family violence order continues in force when protected person becomes adult
s 44Ains A2024-40 s 10
What Magistrates Court must do after receiving application for protection order
div 4.1 hdgsub A2017‑10 s 23
Meaning of timing notice
s 45sub A2017‑10 s 23
Interim order not sought
s 46sub A2017‑10 s 23; A2024-40 s 11
Interim order sought
s 47sub A2017‑10 s 23; A2024-40 s 11
Service of application etc on others
s 48sub A2017‑10 s 23
Preliminary conferences
div 4.2 hdgsub A2017‑10 s 23
Preliminary conferences—generally
s 49sub A2017‑10 s 23
am A2024-40 s 12
Adjournment of preliminary conference for non-service
s 50sub A2017‑10 s 23
If no consent order at preliminary conference
s 51sub A2017‑10 s 23
Non-attendance by party
div 4.2A hdg         ins A2017‑10 s 23
Meaning of returned before the court—div 4.2A
s 52ins A2017‑10 s 23
Applicant not present at return of application
s 53ins A2017‑10 s 23
am A2023‑15 amdt 2.6
Respondent not present at return of application
s 54ins A2017‑10 s 23
Neither party present at return of application
s 54Ains A2017‑10 s 23
Applicant not present at return of application
s 55om A2017‑10 s 24
Respondent not present at return of application
s 56om A2017‑10 s 24
Neither party present at return of application
s 57om A2017‑10 s 24
Public hearing not required
s 59am A2017‑10 s 25, s 26
Notice of grounds of defence
s 60Ains A2017‑10 s 27
Applicant may rely on additional information in hearing
s 60Bins A2017‑10 s 27
If child and child’s parent are affected people
s 60Cins A2017‑10 s 27
Children as witnesses
s 60Dins A2017‑10 s 27
Discontinuance
s 61am A2017‑10 s 28
Giving evidence by affidavit for interim order
s 62Ains A2017‑10 s 29
am A2019‑23 s 34
Explaining orders if protected person present
s 67am A2024-40 s 13, s 14; pars renum R16 LA
Service of protection orders
s 70om A2017‑10 s 30
Service of documents
div 4.4A hdg         ins A2017‑10 s 31
Personal service of application on respondent
s 70Ains A2017‑10 s 31
Dismissal of application for non-service
s 70Bins A2017‑10 s 31
Service of protection orders
s 70Cins A2017‑10 s 31
Self-represented parties
s 70Dins A2017‑10 s 31
Service of documents by police
s 70Eins A2017‑10 s 31
Giving documents to child or child’s parent or guardian
s 70Fins A2017‑10 s 31
Affidavit of service of documents by police
s 70Gins A2019‑23 s 35
Request for further particulars
s 71Ains A2017‑10 s 32
Directions about procedure
s 72om A2017‑10 s 33
Costs
s 73am A2017‑10 s 34
Child respondents
s 75sub A2023-45 s 102, s 103
Representation—party with impaired decision-making ability
s 76am A2023-45 s 104, s 105
Litigation guardian—appointment
s 78am A2017‑10 s 35
Amendment of protection orders—preliminary conferences
s 82Ains A2017‑10 s 36
sub A2024-40 s 15
Provisional amendment of protection order in special or exceptional circumstances
s 82Bins A2024-40 s 15
Amendment of protection orders
s 83am A2017‑10 ss 37-39; pars renum R1 LA
General interim orders made by consent—extension
s 85am A2017‑10 s 40, s 41
Final orders—extension
s 86am A2017‑10 s 42
Special interim orders—application for review
s 87am A2017‑10 s 43
Special interim orders—review
s 88am A2017‑10 s 44
Final orders—application for review
s 89 hdgsub A2017‑10 s 45
s 89am A2017‑10 ss 46-48; ss renum R1 LA
Final orders—review
s 90 hdgsub A2017‑10 s 49
s 90am A2017‑10 s 50
Consent orders—review
s 91am A2017‑10 s 51, s 52
Review of orders—preliminary conference
s 91Ains A2017‑10 s 53
sub A2024-40 s 16
Magistrate review of registrar decisions
s 91Bins A2024-40 s 16
Giving notice of appeal
s 94om A2017‑10 s 54
Police officer may apply for after-hours order
s 99am A2023-45 s 106, s 107
Court-initiated interim orders
s 112am A2017‑10 s 55; A2024-40 s 17, s 18; ss renum R16 LA
Interim court-initiated protection order taken to be special interim order
s 113am A2017‑10 s 56, s 57
Definitions—pt 9
s 115def general violence order am A2018‑42 amdt 3.43
def New Zealand FVO am A2022‑14 amdt 3.93
def registered foreign order sub A2017‑10 s 58
Meaning of family violence concern—pt 9
s 116am A2018‑42 amdt 3.44
Meaning of properly notified—pt 9
s 117am A2017‑10 s 59
Making new orders
s 123am A2017‑10 s 60
Registration of foreign orders
div 9.3A hdg         ins A2017‑10 s 61
Applications for registration of foreign orders
s 134Ains A2017‑10 s 61
Registration of foreign orders
s 134Bins A2017‑10 s 61
FVOs declared to be recognised FVOs
s 144am A2017‑28 amdt 3.14
Deciding application if criminal proceedings
s 151am A2023‑15 amdt 2.7
Review of Act
s 156ins A2022‑13 s 94
exp 17 August 2027 (s 156 (2))
Transitional
pt 20 hdgexp 1 May 2019 (s 202)
Definitions—pt 20
s 198 hdgsub A2017‑38 s 26
s 198ins A2017‑10 s 62
mod SL2017-25 mod 1.1 (mod exp 24 November 2017 (see SL2017-25 s 4))
def operational date ins A2017‑38 s 27
exp 1 May 2019 (s 202)
Applications and orders under repealed Act
s 199ins A2017‑10 s 62
am A2017‑10 s 63; ss renum R2 LA; A2018‑12 s 7
exp 1 May 2019 (s 202)
Existing registered orders under repealed Act
s 200am A2017‑10 s 64
mod SL2017-25 mod 1.2 (mod exp 24 November 2017 (see SL2017-25 s 4))
am A2017‑38 s 28
exp 1 May 2019 (s 202)
Preservation of repealed Act, pt 12
s 200Ains A2017‑10 s 65
mod SL2017-25 mod 1.3 (mod exp 24 November 2017 (see SL2017-25 s 4))
am A2017‑38 s 29
exp 1 May 2019 (s 202)
Modification—s 134A
s 200Bins as mod SL2017-25 mod 1.4
exp 24 November 2017 (see SL2017-25 s 4)
Transitional regulations
s 201exp 1 May 2019 (s 202)
Expiry—pt 20
s 202exp 1 May 2019 (s 202)
Repeals and consequential amendments
pt 21 hdgom LA s 89 (3)
Legislation repealed
s 203om LA s 89 (3)
Legislation amended—schs 2 and 3
s 204om LA s 89 (3)
COVID-19 emergency response
pt 22 hdgins A2020‑11 amdt 1.32
exp 29 September 2023 (s 210)
Meaning of COVID-19 emergency—pt 22
s 205ins A2020‑11 amdt 1.32
exp 29 September 2023 (s 210)
Extending general interim orders
s 206ins A2020‑11 amdt 1.32
exp 29 September 2023 (s 210)
Requirement for party to be present
s 207ins A2020‑11 amdt 1.32
exp 29 September 2023 (s 210)
Requirement for party to give consent
s 208ins A2020‑11 amdt 1.32
exp 29 September 2023 (s 210)
Acknowledgment of undertaking by respondent
s 209ins A2020‑11 amdt 1.32
exp 29 September 2023 (s 210)
Expiry—pt 22
s 210ins A2020‑11 amdt 1.32
sub A2021-1 amdt 1.21
exp 29 September 2023 (s 210)
Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
pt 23 hdgins A2023-45 s 108
exp 22 November 2028 (s 213)
General
div 23.1 hdgins A2023-45 s 108
exp 22 November 2028 (s 213)
Definitions—pt 23
s 211ins A2023-45 s 108
exp 22 November 2028 (s 213)
def child respondent ins A2023-45 s 108
exp 22 November 2028 (s 213)
def commencement day ins A2023-45 s 108
exp 22 November 2028 (s 213)
Transitional regulations
s 212ins A2023-45 s 108
exp 22 November 2028 (s 213)
Expiry—pt 23
s 213ins A2023-45 s 108
exp 22 November 2028 (s 213)
Ending action etc for family violence orders
div 23.2 hdgins A2023-45 s 108
exp 22 November 2028 (s 213)
Application—div 23.2
s 214ins A2023-45 s 108
exp 22 November 2028 (s 213)
Enforcement action
s 215ins A2023-45 s 108
exp 22 November 2028 (s 213)
Family violence order procedures, proceedings etc
s 216ins A2023-45 s 108
exp 22 November 2028 (s 213)
Validity of past family violence order action
div 23.3 hdgins A2023-45 s 108
exp 22 November 2028 (s 213)
Meaning of family violence order action—div 23.3
s 217ins A2023-45 s 108
exp 22 November 2028 (s 213)
Past lawful acts not affected
s 218ins A2023-45 s 108
exp 22 November 2028 (s 213)
Protection from liability
s 219ins A2023-45 s 108
exp 22 November 2028 (s 213)
No entitlement to compensation etc
s 220ins A2023-45 s 108
exp 22 November 2028 (s 213)
Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
pt 24 hdgins A2023-45 s 109
exp 1 July 2030 (s 223)
General
div 24.1 hdgins A2023-45 s 109
exp 1 July 2030 (s 223)
Definitions—pt 24
s 221ins A2023-45 s 109
exp 1 July 2030 (s 223)
def child respondent ins A2023-45 s 109
exp 1 July 2030 (s 223)
def commencement day ins A2023-45 s 109
exp 1 July 2030 (s 223)
Transitional regulations
s 222ins A2023-45 s 109
exp 1 July 2030 (s 223)
Expiry—pt 24
s 223ins A2023-45 s 109
exp 1 July 2030 (s 223)
Ending action etc for family violence orders
div 24.2 hdgins A2023-45 s 109
exp 1 July 2030 (s 223)
Application—div 24.2
s 224ins A2023-45 s 109
exp 1 July 2030 (s 223)
Enforcement action
s 225ins A2023-45 s 109
exp 1 July 2030 (s 223)
Family violence order procedures, proceedings etc
s 226ins A2023-45 s 109
exp 1 July 2030 (s 223)
Validity of past family violence order action
div 24.3 hdgins A2023-45 s 109
exp 1 July 2030 (s 223)
Meaning of family violence order action—div 24.3
s 227ins A2023-45 s 109
exp 1 July 2030 (s 223)
Past lawful acts not affected
s 228ins A2023-45 s 109
exp 1 July 2030 (s 223)
Protection from liability
s 229ins A2023-45 s 109
exp 1 July 2030 (s 223)
No entitlement to compensation etc
s 230ins A2023-45 s 109
exp 1 July 2030 (s 223)
Family violence amendments
sch 2om LA s 89 (3)
Consequential amendments
sch 3om LA s 89 (3)
Dictionary
dictam A2017‑10 s 66, s 67; A2017‑28 amdt 3.15; A2023‑15 amdt 2.8
def court am A2017‑28 amdt 3.16
def family violence offence sub A2022‑13 s 95
def family violence proceeding ins A2017‑28 amdt 3.17
def protection order am A2024-40 s 19
def related am A2024-40 s 20
def return date am A2024-40 s 21
def returned ins A2017‑10 s 68
def special interim order am A2023‑15 amdt 2.9
def timing notice sub A2017‑10 s 69

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
1 May 2017 1 May 2017–
17 Aug 2017 A2017‑10 new Act and amendments by A2017‑10

R2
18 Aug 2017 18 Aug 2017–
10 Oct 2017 A2017‑10 commenced provisions, amendments by A2017‑10 and modifications by SL2017-25

R3
11 Oct 2017 11 Oct 2017–
24 Nov 2017 A2017‑28 amendments by A2017‑28

R4
25 Nov 2017 25 Nov 2017–
24 Apr 2018 A2017‑38 amendments by A2017‑38
and expiry of modifications

R5
25 Apr 2018 25 Apr 2018–
21 Nov 2018 A2018‑12 amendments by A2018‑12

R6
22 Nov 2018 22 Nov 2018–
1 May 2019 A2018‑42 amendments by A2018‑42

R7
2 May 2019 2 May 2019–
14 Aug 2019 A2018‑42 expiry of transitional provisions (pt 20)

R8
15 Aug 2019 15 Aug 2019–
7 April 2020 A2019‑23 amendments by A2019‑23

R9
8 April 2020 8 April 2020–
19 Feb 2021 A2020-11 amendments by A2020-11

R10
20 Feb 2021 20 Feb 2021–
16 Aug 2022 A2021‑1 amendments by A2021‑1

R11
17 Aug 2022 17 Aug 2022–
23 Aug 2022 A2022‑13 amendments by A2022‑13

R12
24 Aug 2022 24 Aug 2022–
23 May 2023 A2022‑14 amendments by A2022‑14

R13
24 May 2023 24 May 2023–
29 Sept 2023 A2023‑15 amendments by A2023‑15

R14
30 Sept 2023 30 Sept 2023–
21 Nov 2023 A2023‑15 expiry of provisions (pt 22)

R15
22 Nov 2023 22 Nov 2023–
18 Sept 2024 A2023‑45 amendments by A2023‑45

R16
19 Sept 2024 19 Sept 2024–
30 June 2025 A2024‑40 amendments by A2024‑40

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 May 2017	1 May 2017– 17 Aug 2017	A2017‑10	new Act and amendments by A2017‑10
R2 18 Aug 2017	18 Aug 2017– 10 Oct 2017	A2017‑10	commenced provisions, amendments by A2017‑10 and modifications by SL2017-25
R3 11 Oct 2017	11 Oct 2017– 24 Nov 2017	A2017‑28	amendments by A2017‑28
R4 25 Nov 2017	25 Nov 2017– 24 Apr 2018	A2017‑38	amendments by A2017‑38 and expiry of modifications
R5 25 Apr 2018	25 Apr 2018– 21 Nov 2018	A2018‑12	amendments by A2018‑12
R6 22 Nov 2018	22 Nov 2018– 1 May 2019	A2018‑42	amendments by A2018‑42
R7 2 May 2019	2 May 2019– 14 Aug 2019	A2018‑42	expiry of transitional provisions (pt 20)
R8 15 Aug 2019	15 Aug 2019– 7 April 2020	A2019‑23	amendments by A2019‑23
R9 8 April 2020	8 April 2020– 19 Feb 2021	A2020-11	amendments by A2020-11
R10 20 Feb 2021	20 Feb 2021– 16 Aug 2022	A2021‑1	amendments by A2021‑1
R11 17 Aug 2022	17 Aug 2022– 23 Aug 2022	A2022‑13	amendments by A2022‑13
R12 24 Aug 2022	24 Aug 2022– 23 May 2023	A2022‑14	amendments by A2022‑14
R13 24 May 2023	24 May 2023– 29 Sept 2023	A2023‑15	amendments by A2023‑15
R14 30 Sept 2023	30 Sept 2023– 21 Nov 2023	A2023‑15	expiry of provisions (pt 22)
R15 22 Nov 2023	22 Nov 2023– 18 Sept 2024	A2023‑45	amendments by A2023‑45
R16 19 Sept 2024	19 Sept 2024– 30 June 2025	A2024‑40	amendments by A2024‑40

Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.

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