Magistrates Court (Amendment) Act 1990 (ACT)

The Magistrates Court (Amendment) Act 1990 amends the Magistrates Court Act 1930, replacing Part X which deals with restraining orders. The new provisions establish a framework for the making, service and enforcement of restraining orders and interim restraining orders. The court was required to interpret the provisions of the new Part X and apply them in the context of the amended Act.

The court found that the new provisions allow the Magistrates Court to make restraining orders to protect individuals from conduct that causes personal injury, damage to property, threats, or offensive and harassing behaviour. The court can make such orders if satisfied on the balance of probabilities that the respondent is likely to engage in such conduct unless restrained. Applications for restraining orders can be made by the aggrieved person, relatives, police officers, or in the case of child victims, by persons with whom the child resides or parents/guardians. The court must consider the protection of the aggrieved person and any child affected as primary matters when determining an application. Restraining orders can impose prohibitions and conditions to restrict the respondent's behaviour and location.

The court also found that interim restraining orders can be made ex parte if necessary to ensure the safety of the aggrieved person. Such orders remain in force for up to 10 days until a full hearing can be held. The court has power to make restraining orders even if the respondent has been charged with an offence arising from the conduct. Breach of a restraining order is an offence punishable by fine and/or imprisonment.

In summary, the court interpreted the new provisions as establishing a framework for the Magistrates Court to make restraining orders to protect individuals from threatening, harassing or damaging conduct, with mechanisms for interim orders, service, enforcement and appeal. The provisions give effect to the amended Part X of the Magistrates Court Act 1930.