Personal Violence Act 2016 (ACT)
Personal Violence Act 2016
A2016-43
Republication No 10 (RI)
Effective: 1 July 2025
Republication date: 1 July 2025
Reissued: 8 July 2025 for retrospective modifications
by SL2025-12
Last amendment made by A2024‑40
(republication for amendments by A2023-45)
About this republication
The republished law
This is a republication of the Personal 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 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).
Personal Violence Act 2016
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 2
Part 2 Objects and important concepts
Division 2.1 Objects
6 Objects of Act 3
7 How objects are to be achieved 3
Division 2.2 Important concepts
8 Meaning of personal violence 4
9 Principle about procedures 5
10 Balance of probabilities 5
10A Rules of evidence 5
Part 3 Protection orders
Division 3.1 Matters to be considered when making protection orders
11 Matters to be considered—protection orders 6
Division 3.2 Applications for protection orders
12 Who may apply for personal protection orders? 7
13 Who may apply for workplace protection orders? 8
13A Child may apply for protection order in same application as parent 8
13B Applications by police officers 9
14 Application forms that require affected person’s address 9
15 What if application is made for the wrong order? 9
16 What if application for the wrong order is decided? 10
Division 3.3 Interim orders
Subdivision 3.3.1 Making interim orders
17 Interim orders—only on application for final order 11
18 Interim orders—grounds for making 11
19 Interim orders—general interim orders and special interim orders 12
Subdivision 3.3.2 General interim orders
20 General interim orders—only 1 may be made 13
21 General interim orders—length 13
22 General interim orders—ending 13
23 General interim orders—taken to be special interim orders if related charges laid 14
24 General interim orders—further orders 14
24AA General interim orders—extension for non-service of application 15
24AB General interim orders—extension for non-service of final order 15
Subdivision 3.3.3 Special interim orders
24AC Special interim orders—ending 16
24AD Special interim orders—application not to be decided until related charges finalised 16
24AE Special interim orders—final application decided 17
Division 3.4 Consent orders
24A Consent to interim order becoming final order 18
25 Consent orders 18
Division 3.5 Final orders
26 Final orders—grounds for making 20
27 Final orders—length 20
Division 3.6 Conditions of protection orders
28 Safety of affected person paramount 21
29 Least restrictive principle 21
30 Conditions—personal protection orders 21
31 Exclusion conditions—personal protection orders 23
32 Conditions—workplace protection orders 24
33 Conditions—consent orders 24
34 Conditions may apply for shorter time than order 25
Division 3.7 Effect of protection orders
35 Offence—contravention of protection order 25
36 Interim orders—respondent’s firearms 25
37 Final orders—respondent’s firearms 26
38 Firearm licences—other conditions and orders 26
38A Protection order continues in force when protected person becomes adult 27
Part 4 Procedural matters
Division 4.1 What Magistrates Court must do after receiving application for protection order
39 Meaning of timing notice 28
40 Interim order not sought 28
41 Interim order sought 29
42 Service of application etc on others 31
Division 4.2 Preliminary conferences
43 Preliminary conferences—generally 31
44 Adjournment of preliminary conference for non-service 32
45 If no consent order at preliminary conference 32
46 Referrals to mediation 33
Division 4.2A Non-attendance by party
47 Meaning of returned before the court—div 4.2A 33
48 Applicant not present at return of application 33
49 Respondent not present at return of application 34
49A Neither party present at return of application 34
Division 4.3 Hearings
53 Hearings usually in public 35
54 Public hearing not required 35
55 Closed hearings in special circumstances 35
55A Notice of grounds of defence 37
55B Applicant may rely on additional information in hearing 37
55C If child and child’s parent are affected people 38
55D Children as witnesses 38
56 Discontinuance 39
57 Admissibility of preliminary conference evidence 39
57A Giving evidence by affidavit for interim order 40
58 Undertakings by respondent 40
59 Court may inform itself 40
Division 4.4 Making of protection orders
60 Explaining orders if respondent present 41
61 Explaining orders if protected person present 42
62 Reasons for order 43
63 Orders generally not to include protected person’s address 43
Division 4.4A Service of documents
64A Personal service of application on respondent 43
64B Dismissal of application for non-service 44
64C Service of protection orders 44
64D Self-represented parties 45
64E Service of documents by police 46
64F Giving documents to child or child’s parent or guardian 46
64G Affidavit of service of documents by police 46
Division 4.5 Other procedural matters
65 Police officer party to proceeding for personal protection order—substitution of applicant etc 47
65A Request for further particulars 47
67 Costs 47
Division 4.6 Party with impaired decision-making ability
68 Meaning of impaired decision-making ability 48
69 Child respondents 49
70 Representation—party with impaired decision-making ability 49
71 Consent orders—party with impaired decision-making ability 50
Division 4.7 Appointment etc of litigation guardian
72 Litigation guardian—appointment 51
73 Litigation guardian—powers 51
74 Litigation guardian—responsibilities 52
75 Litigation guardian—removal 52
Part 5 Amendment of protection orders
76 Amendment of protection orders—who may apply 53
76A Amendment of protection orders—preliminary conferences 53
77 Amendment of protection orders 55
78 Final orders—temporary amendment 56
79 Interim orders made by consent—extension 56
80 Final orders—extension 56
Part 6 Review of orders
80A Special interim orders—application for review 57
80B Special interim orders—review 57
81 Final orders—application for review 58
82 Final orders—review 59
83 Consent orders—review 59
83A Review of orders—preliminary conferences 60
83B Magistrate review of registrar decisions 62
84 Appealable decisions 63
85 Appeals to Supreme Court 63
87 Evidence on appeal 64
88 Powers of Supreme Court on appeal 64
89 Effect of filing appeal 64
Part 7 Reciprocal arrangements
90 Definitions—pt 7 65
91 Recognised orders—applications for registration 65
92 Recognised orders—registration 65
93 Effect of registration 66
94 Registered orders—amendment 66
95 Registered orders—revocation 66
96 Recognised orders—amendment 67
97 Notification by interstate court of registration 67
Part 8 Miscellaneous
Division 8.1 Public access and publication
98 Publication of reports about proceedings—offence 68
99 Publication of reports about proceedings—exceptions to offence 69
Division 8.2 Other matters
100 Effect of availability of workplace protection orders 69
101 Deciding application if criminal proceedings 70
102 Criminal and civil liability not affected by protection orders 70
103 Crimes Act, s 397 (1) 70
104 Working out time if less than 5 days 70
105 Regulation-making power 71
Part 23 Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
Division 23.1 General
210 Definitions—pt 23 72
211 Transitional regulations 72
212 Expiry—pt 23 73
Division 23.2 Ending action etc for personal protection orders
213 Application—div 23.2 73
214 Enforcement action 73
215 Protection order procedures, proceedings etc 74
Division 23.3 Validity of past protection order action
216 Meaning of past protection order action—div 23.3 75
217 Past lawful acts not affected 75
218 Protection from liability 76
219 No entitlement to compensation etc 76
Part 24 Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
Division 24.1 General
220 Definitions—pt 24 77
221 Transitional regulations 77
222 Expiry—pt 24 78
Division 24.2 Ending action etc for personal protection orders
223 Application—div 24.2 78
224 Enforcement action 78
225 Protection order procedures, proceedings etc 79
Division 24.3 Validity of past protection order action
226 Meaning of past protection order action—div 24.3 80
227 Past lawful acts not affected 80
228 Protection from liability 81
229 No entitlement to compensation etc 81
Schedule 1 Permitted publication about proceedings 82
1.1 Definitions—sch 1 82
1.2 Permitted publication about proceedings 82
Dictionary84
Endnotes
1 About the endnotes 90
2 Abbreviation key 90
3 Legislation history 91
4 Amendment history 93
5 Earlier republications 102
6 Expired transitional or validating provisions 103
7 Modifications of republished law with temporary effect 104
Personal Violence Act 2016
An Act to protect people from personal violence (other than family violence) including personal violence in the workplace, and for other purposes
Part 1Preliminary
1Name of Act
This Act is the Personal Violence Act 2016.
3Dictionary
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)).
4Notes
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.
5Offences 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
6Objects of Act
The objects of this Act include—
(a)to prevent and reduce personal violence (other than family violence); and
(b)to facilitate the safety and protection of people who fear or experience personal violence by—
(i)providing a legally enforceable mechanism to prevent personal violence; and
(ii)allowing for the resolution of conflict without the need to resort to adjudication; and
(c)to encourage perpetrators of personal violence to be accountable for their conduct.
NoteThe Family Violence Act 2016 deals with protection orders etc for family violence.
7How objects are to be achieved
This Act aims to achieve its objects by—
(a)giving the courts power to make protection orders to protect people from personal violence; and
(b)creating offences to enforce protection orders; and
(c)ensuring that access to the courts is as simple, quick and inexpensive as is consistent with justice; and
(d)recognising registered orders made elsewhere in Australia and in New Zealand.
Division 2.2 Important concepts
8Meaning of personal violence
(1)In this Act:
personal violence means any of the following behaviour by a person in relation to another person:
(a)physical violence or abuse;
(b)sexual violence or abuse;
(c)threatening behaviour;
(d)stalking;
(e)harassing, intimidating or offensive behaviour;
(f)damaging property.
(2)For this Act, a reference to personal violence by a person in relation to a workplace means behaviour by the person of a kind mentioned in—
(a)subsection (1) (a) to (e) in relation to a person at the workplace; or
(b)subsection (1) (f) in relation to property at the workplace that causes reasonable fear to a person at the workplace.
NoteA workplace protection order is only available in relation to an employee, an employer or another person at a workplace and only the employer at the workplace may apply for the order (see s 13 and dict, def affected person).
(3)However, a person’s conduct is not personal violence if it is family violence.
NoteThe Family Violence Act 2016 deals with protection orders etc for family violence.
9Principle about procedures
Procedures for this Act are to be as simple, quick and inexpensive as is consistent with achieving justice.
10Balance of probabilities
If a court is required to be satisfied about something under this Act, the court must be satisfied on the balance of probabilities.
10ARules 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 protection order (see s 59).
Part 3Protection orders
Division 3.1 Matters to be considered when making protection orders
11Matters to be considered—protection orders
(1)In deciding whether to make a protection order, the Magistrates Court must consider the following:
(a)the objects of this Act in section 6;
(b)any hardship that may be caused to the respondent or anyone else by the making of the order;
(c)any previous family violence or personal violence by the respondent in relation to the affected person or anyone else;
(d)any previous protection order made in relation to the respondent;
(e)any previous contravention of a protection order by the respondent;
(f)the need to ensure that property is protected from damage.
(2)The Magistrates 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 protection order does not affect the validity of the order.
(4)In this section:
protection order—
(a)means a protection order under this Act; and
(b)includes the following:
(i)a family violence order under the Family 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 family violence order under the Family Violence Act 2016.
Division 3.2 Applications for protection orders
12Who may apply for personal protection orders?
(1)An affected person may apply to the Magistrates Court for a personal protection order.
NoteA child under 14 years old cannot be a respondent to an application for a protection order (see s 69).
(2)The following people may apply to the Magistrates Court for a personal 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)
1a parent or guardian of a child
2an agent of the person
Note 1If an application for a personal protection order 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 order (see s 65).
Note 2If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
13Who may apply for workplace protection orders?
The employer for a workplace may apply to the Magistrates Court for a workplace protection order for an affected person.
Note If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
13AChild 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 personal 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 55C).
13BApplications by police officers
(1)This section applies if a police officer makes an application for a personal protection order for an affected person.
(2)The police officer must tell the Magistrates Court whether the affected person consents to the application.
14Application 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 protection order requires the affected person’s home or work address to be included in the application.
(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 64D).
(3)For this section, if the affected person is not the applicant, affected person includes the applicant.
15What 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 Family Violence Act 2016 could restrain; and
(c)the application has not been decided.
(2)The Magistrates Court may make a protection order under the Family 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 Family 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 25 (2) (b)).
16What 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 Family Violence Act 2016 of the same kind as the invalid order.
(2)The invalid order is taken to be an order properly applied for and validly made under the Family Violence Act 2016.
Example
A personal protection order is made as an interim order under this Act. Later, it is discovered that the parties had previously been domestic partners, making the conduct on which the application for the interim order was based family violence. The interim order made under this Act is taken to be an interim order validly made under the Family 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 25 (2) (b)).
Division 3.3 Interim orders
Subdivision 3.3.1 Making interim orders
17Interim orders—only on application for final order
(1)The Magistrates Court may make an interim order only on an application for a final order.
(2)The Magistrates Court may make an interim order at any time before the application for the final order is decided.
18Interim 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 personal violence;
(b)prevent substantial damage to—
(i)for a personal protection order—an affected person’s property; or
(ii)for a workplace protection order—property at a workplace.
NoteThe court must consider the matters mentioned in s 11 in deciding whether to make the interim order.
19Interim orders—general interim orders and special interim orders
(1)On an application for a final order, the Magistrates Court may make—
(a)if there is a related charge outstanding in relation to the respondent—a special interim order; 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
20General 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 24 (General interim orders—further orders) applies.
21General interim orders—length
A general interim order must not be in force for more than 12 months plus any extension under—
(a)section 24AA (General interim orders—extension for non‑service of application); or
(b)section 24AB (General interim orders—extension for non‑service of final order).
22General interim orders—ending
A general interim order ends if any of the following happens:
(a)if a period is stated in the interim order—the period, including any extension under section 24AA or section 24AB, 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.
23General 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 24AD (1)).
(3)Unless section 24AD (2) 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.
24General 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 21 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 77).
24AAGeneral 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.
24ABGeneral 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 24).
(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 27 (Final orders—length), had it been served.
Subdivision 3.3.3 Special interim orders
24ACSpecial 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.
24ADSpecial 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.
(2)However, the application for the final order may be finalised by the court before all related charges are finalised—
(a)under section 48 (Applicant not present at return of application); or
(b)under section 49 (Respondent not present at return of application); or
(c)by consent.
24AESpecial 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 24AD).
(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
24AConsent 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 64C (1).
25Consent orders
(1)On application for a final order, the Magistrates 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 Magistrates 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 11; and
(d)without proof or admission of guilt.
Note Sections 60 and 61 apply to require the Magistrates 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 Magistrates 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 Magistrates Court to make a protection order—
(a)that may not otherwise be made under this Act; or
(b)for a period other than a period for which the order may be made; or
NoteSection 21 limits the length of a general interim order.
(c)if section 71 (Consent orders—party with impaired decision‑making ability) applies.
Division 3.5 Final orders
26Final orders—grounds for making
The Magistrates Court may, on application, make a final order if satisfied that the respondent—
(a)for a personal protection order—
(i)has used personal violence in relation to a person; and
(ii)may engage in personal violence in relation to the person during the time the order is proposed to operate if the order is not made; or
(b)for a workplace protection order—
(i)has used personal violence in relation to a workplace; and
(ii)may engage in personal violence in relation to a workplace during the time the order is proposed to operate if the order is not made.
Note 1 The court must consider the matters mentioned in s 11 in deciding whether to make the final order.
Note2 This section does not apply to consent orders (see s 25 (2) (b)).
27Final orders—length
(1)A final order remains in force for—
(a)12 months, 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 Magistrates 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 personal violence by the respondent (see s 80).
(2)However, a final order made as a consent order must not be longer than 12 months.
Division 3.6 Conditions of protection orders
28Safety of affected person paramount
In deciding the conditions to be included in a protection order, a court must give paramount consideration to the safety and protection of the affected person.
29Least restrictive principle
A court must ensure the conditions included in a protection 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 28.
30Conditions—personal protection orders
(1)A personal protection order may include the conditions the Magistrates Court considers necessary having regard to section 28 and section 29.
(2)Without limiting subsection (1), a personal protection order may do 1 or more of the following:
(a)prohibit the respondent from being on premises where the protected person lives;
NoteSection 31 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 that is personal violence in relation to the protected person;
(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 Magistrates Court is satisfied that there is an unacceptable risk of the child being exposed to personal violence;
(j)prohibit the respondent from causing someone else to do something mentioned in paragraphs (f) to (i);
(k)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.
31Exclusion conditions—personal protection orders
(1)In deciding whether to include an exclusion condition in a personal protection 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;
(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 personal 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 personal protection 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.
32Conditions—workplace protection orders
(1)A workplace protection order may include the conditions the Magistrates Court considers necessary having regard to section 28 and section 29.
(2)Without limiting subsection (1), a workplace protection order may do 1 or more of the following:
(a)prohibit the respondent from entering the workplace;
(b)prohibit the respondent from being within a particular distance from the workplace;
(c)prohibit the respondent from doing anything that is personal violence in relation to the workplace;
(d)prohibit the respondent from causing someone else to do something mentioned in paragraph (c);
(e)state the conditions on which the respondent may—
(i)be in the workplace; or
(ii)approach or contact a particular person.
33Conditions—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 Magistrates Court to consider whether the condition is necessary.
34Conditions may apply for shorter time than order
A condition in a protection order may have effect for a period stated in the protection order that is shorter than the period of the order.
Division 3.7 Effect of protection orders
35Offence—contravention of protection order
(1)This section applies to a person against whom a protection order is made if the person—
(a)was present when the protection order was made; or
(b)has been personally served in accordance with this Act with a copy of the protection order.
(2)The person commits an offence if the person engages in conduct that contravenes the protection 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.
36Interim orders—respondent’s firearms
(1)This section applies if an interim order is made against a respondent who is the holder of a firearms licence.
(2)Unless the Magistrates Court makes an order under subsection (3), the respondent’s firearms licence is suspended until the interim order ends.
(3)The Magistrates Court may order the non‑suspension of a respondent’s firearms licence—
(a)if the parties to a consent order agree to the non-suspension; or
(b)otherwise, only if the court is satisfied that the licence should not be suspended.
37Final orders—respondent’s firearms
(1)This section applies if a final order is made against a respondent who is the holder of a firearms licence.
(2)Unless the Magistrates Court makes an order under subsection (3), the respondent’s firearms licence is cancelled.
(3)The Magistrates Court may order the non-cancellation of a respondent’s firearms licence—
(a)if the parties to a consent order agree to the non-cancellation; or
(b)otherwise, only if the court is satisfied that the licence should not be cancelled.
38Firearm licences—other conditions and orders
(1)If a respondent’s firearms licence is suspended or cancelled under section 36 (2) or section 37 (2), the Magistrates Court may order—
(a)the seizure of the firearms licence; and
(b)the seizure of any firearm or ammunition in the respondent’s possession.
(2)If a respondent’s firearms licence is not suspended or cancelled under an order under section 36 (3) or section 37 (3)—
(a)the Magistrates Court may make conditions about the use or possession of a firearm to which the licence applies; and
(b)a copy of the order must be given to the registrar of firearms; and
(c)any condition of the licence imposed under the Firearms Act 1996 is taken to be a condition of the order; and
(d)if the licence is suspended or revoked by the registrar under the Firearms Act 1996—
(i)it is a condition of the order that the respondent notifies the court about the suspension or revocation; and
(ii)the court may amend the order.
38AProtection order continues in force when protected person becomes adult
(1)This section applies if—
(a)the court makes protection 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
39Meaning 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.
40Interim 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 43.
(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 64A).
(3)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date;
(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.
41Interim 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 43.
(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 64A).
(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 23 (General interim orders—taken to be special interim orders if related charges laid) before a preliminary conference is held.
42Service of application etc on others
(1)This section applies to a document required to be served under section 40 or section 41.
(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 64F 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
43Preliminary 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 60 and s 61).
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 57).
44Adjournment 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 40 or section 41; and
(c)the registrar is satisfied the respondent may be served in accordance with section 40 or section 41 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 64A (2)).
Note 2The registrar may also extend an interim order (see s 24AA).
45If 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.
46Referrals to mediation
(1)This section applies if, at any time during the preliminary conference for an application for a protection order, the registrar is satisfied that the application is likely to be more effectively resolved by mediation than by a hearing.
(2)The registrar must—
(a)recommend to the parties to the application that they seek mediation; and
(b)give the parties information about mediation; and
(c)adjourn the preliminary conference until a stated date to allow for mediation to happen.
NoteThe Court Procedures Act 2004, pt 5A (Mediation) applies to a mediation in relation to a proceeding in a court.
Division 4.2A Non-attendance by party
47Meaning 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.
48Applicant 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 22 and s 24AC).
49Respondent 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 40 or section 41; 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.
49ANeither 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
53Hearings usually in public
The hearing of an application for a protection order must be in public unless—
(a)section 54 applies; or
(b)the court makes an order under section 55.
54Public 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 47.
55Closed hearings in special circumstances
(1)The Magistrates Court when 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; 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.
55ANotice 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.
55BApplicant 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.
55CIf 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 personal 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 13A—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.
55DChildren 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 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.
56Discontinuance
(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 67).
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.
57Admissibility 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.
57AGiving evidence by affidavit for interim order
(1)This section applies if a police officer applies for a personal 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.
58Undertakings by respondent
Before a court accepts an undertaking from a respondent in a proceeding for a protection order, the court must obtain from the respondent and protected person a written acknowledgment that each person understands the following:
(a)a breach of the undertaking is not an offence;
(b)the undertaking is not legally enforceable;
(c)the court’s acceptance of the undertaking does not stop the court from making further orders against the respondent to protect the protected person from personal violence;
(d)evidence of a breach of the undertaking may be used in evidence in a later proceeding.
59Court may inform itself
A court may inform itself in any way it considers appropriate in a proceeding for a protection order.
Division 4.4 Making of protection orders
60Explaining orders if respondent present
(1)This section applies if—
(a)the Magistrates Court intends to make a protection order; and
(b)the respondent is before the court.
(2)On making the protection order (other than a consent order), the court must explain to the respondent, in language likely to be readily understood by the respondent—
(a)the purpose, terms and effect of the order; and
NoteExplaining the effect of the order includes explaining any consequence that will automatically flow from the making of the order. For example, if relevant, that any firearms licence of the respondent will automatically be cancelled or suspended unless the Magistrates Court otherwise orders.
(b)the consequences that may follow if the respondent fails to comply with the order; and
(c)how the order may be amended or revoked; and
(d)that, if a State, another Territory or New Zealand has legislation that corresponds to this Act, the order may be registered, and enforced, in the State, Territory or New Zealand without notice of registration being given to the respondent.
NotePt 7 deals with the registration of protection orders from other jurisdictions in the ACT.
(3)Before making a consent order, the Magistrates Court must explain to the respondent, in language likely to be readily understood by the respondent, the matters mentioned in subsection (2) (a) to (d).
(4)A failure of the Magistrates Court to comply with this section in relation to a protection order does not affect the validity of the order.
61Explaining orders if protected person present
(1)This section applies if—
(a)a court intends to make a protection order; and
(b)the protected person is before the court.
(2)On making the protection order (other than a consent order), the court must explain to the protected person, in language likely to be readily understood by the person—
(a)the purpose, terms and effect of the order; and
NoteExplaining the effect of the order includes explaining any consequence that will automatically flow from the making of the order. For example, if relevant, that any firearms licence of the respondent will automatically be cancelled or suspended unless the Magistrates Court otherwise orders.
(b)the consequences that may follow if the respondent fails to comply with the order; and
(c)how the order may be amended or revoked; and
(d)that, if the protected person aids or abets the respondent to commit an offence against section 35 (Offence—contravention of protection order), the protected person may also commit an offence; and
(e)that, if a State, another Territory or New Zealand has legislation that corresponds to this Act, the order may be registered, and enforced, in the State, Territory or New Zealand without notice of registration being given to the respondent.
Note1 Pt 7 deals with the registration of protection orders from other jurisdictions in the ACT.
Note 2The Criminal Code, pt 2.4 deals with offences of aiding and abetting.
(3)Before making a consent order, the Magistrates Court must explain to the protected person, in language likely to be readily understood by the person, the matters mentioned in subsection (2) (a) to (e).
(4)A failure of the Magistrates Court to comply with this section in relation to a protection order does not affect the validity of the order.
62Reasons for order
(1)If the Magistrates Court makes a protection order, the court must record the reasons for making the order.
(2)If the order is a consent order, the reason for making the order is that the parties have consented to it.
63Orders generally not to include protected person’s address
(1)The protected person’s home or work address must not be included in a protection order unless—
(a)the protected person agrees to the address being included; or
(b)it is necessary to include the address to allow the respondent to comply with the order; or
(c)the court or registrar making the order is satisfied that the respondent already knows the address.
(2)For this section, if the protected person is not the applicant, protected person includes the applicant.
Division 4.4A Service of documents
64APersonal service of application on respondent
(1)An application for a protection order and timing notice must be served personally on the respondent.
(2)However, if personal service is not reasonably practicable, the court may order that the application be served in a way, stated in the order, that the court considers is likely to bring the application and timing notice to the attention of the respondent.
64BDismissal of application for non-service
The Magistrates Court may dismiss an application for a protection order if satisfied that—
(a)the application cannot be served on the respondent in accordance with section 64A; and
(b)no alternative way of service would be effective to serve the application on the respondent; and
(c)the respondent has not intentionally avoided service.
64CService of protection orders
(1)If the Magistrates Court makes a protection order, the registrar must—
(a)if the order is an interim order—serve 2 copies of the order (1 marked as the endorsement copy) on the respondent as soon as practicable; and
(b)if the order is not an interim order—serve a copy of the order on the respondent; and
(c)give a copy of the order to—
(i)each other party to the proceeding; and
(ii)the chief police officer; and
(iii)the registrar of firearms; and
(iv)if a party to the proceeding is a child—the child’s parent or guardian; and
(v)if a party to the proceeding has a disability guardian—the guardian; and
(vi)anyone else the court is satisfied has a relevant interest in the proceeding who does not already have a copy of the order.
Note Section 64F contains provisions about giving a document to a child or the child’s parent or guardian.
(2)If the registrar serves a special interim order on a person, the registrar must also give the person a notice telling the person that—
(a)the respondent may apply to the court for review of the order under section 80A (Special interim orders—application for review); and
(b)if a preliminary conference in relation to the application for the protection order is held and a consent order is not made—the court will set a return date for a hearing to decide the application for the final order after all related charges are finalised.
(3)Service under subsection (1) (a) must be personal service unless—
(a)the respondent is present when the protection order is made; or
(b)a court makes an order under section 64A (2).
(4)The failure of the registrar to comply with subsection (1) (c) (iv) or (v) does not affect the validity of the protection order.
64DSelf-represented parties
(1)This section applies if a party to an application for a protection order is not represented by a lawyer.
(2)Unless the Magistrates Court requires a document to be served by a police officer, the registrar must serve any document required to be served by the self-represented party.
(3)Any address for service given to the Magistrates Court must not be given to the other party without the self-represented party’s consent.
64EService of documents by police
The Magistrates Court may direct that a document required to be served on someone be served by a police officer.
64FGiving documents to child or child’s parent or guardian
(1)If a document is required to be given to a child, it must not be given at or near the child’s school unless there is no other place where the document may be reasonably given to the child.
(2)If a document is required to be given to a child’s parent or guardian—
(a)the document need not be given if the parent or guardian is also a party to the application or proceeding; and
(b)the court may order that the document is not required to be given if satisfied that—
(i)giving the document is not reasonably practicable; or
(ii)there are circumstances that justify the document not being given.
Examples—par (ii)
1the child is estranged from the child’s parent
2there would be an unacceptable risk to the child’s safety if the parent or guardian was given the document
(3)In this section:
guardian includes a disability guardian.
64GAffidavit of service of documents by police
If a police officer serves a document on a person under this Act, an affidavit of service by the police officer may be sworn or affirmed before another 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.
Division 4.5 Other procedural matters
65Police officer party to proceeding for personal protection order—substitution of applicant etc
(1)This section applies if a police officer applies for a personal protection order for an affected person under section 12 (2) (a).
(2)The Magistrates Court may, on application or its own initiative, substitute as applicant—
(a)with the protected person’s consent—the protected person; or
(b)a litigation guardian for the protected person or any other person with a right to apply for the protected person.
(3)In a proceeding for a personal protection order, the police officer may be represented by—
(a)another police officer; or
(b)a person nominated by the chief police officer.
65ARequest for further particulars
A party may only seek further particulars of an applicant for a protection order with the Magistrate Court’s leave.
67Costs
(1)Each party to a proceeding for a protection order is responsible for the party’s own costs of the proceeding.
(2)However, the Magistrates Court may make an order about costs against—
(a)the applicant for a protection order only if the court is satisfied the application was vexatious, frivolous or in bad faith; or
(b)the respondent if the court considers it appropriate to do so.
NoteIf the Magistrates Court orders that a proceeding be dismissed under s 49A (Neither party present at return of application), the court must not make an order about costs (see s 49A (2)).
(3)For subsection (2) (a), an application is not a vexatious or frivolous application or an application made in bad faith only because it is made then discontinued.
(4)If the Magistrates Court orders costs against a party to a proceeding (the payee) for a protection order, the amount must not be more than the costs reasonably incurred by the other party.
(5)The amount stated in the order—
(a)is a debt owed by the payee to the other party; and
(b)is a judgment debt enforceable in accordance with the rules under the Court Procedures Act 2004 applying in relation to the civil jurisdiction of the Magistrates Court.
Division 4.6 Party with impaired decision-making ability
68Meaning of impaired decision-making ability
(1)For this Act, a person has impaired decision-making ability if the person—
(a)cannot make decisions in relation to a proceeding under this Act; or
(b)does not understand the nature and effect of the decisions the person makes in relation to the proceeding.
(2)For subsection (1), a person does not have impaired decision‑making ability only because—
(a)the person makes an unwise decision; or
(b)a disability guardian is appointed for the person; or
(c)subject to section 69, the person is a child; or
(d)the person has, or is taken to have, impaired decision-making ability under another territory law or in relation to another matter.
69Child respondents
A child under 14 years old cannot be a respondent to an application for a protection order.
70Representation—party with impaired decision-making ability
(1)This section applies if—
(a)the Magistrates Court considers that a party to a proceeding for a protection order has impaired decision-making ability; and
(b)the person is not represented by—
(i)a lawyer; or
(ii)another person with a right to represent the person.
Examples—par (b) (ii)
1 a police officer
2 litigation guardian
3 disability guardian
4 for a child, the child’s parent
(2)The Magistrates Court may, on application, or its own initiative—
(a)adjourn the proceeding so the parties can get representation or appoint a litigation guardian; and
(b)give the parties information necessary to allow the parties to get representation or appoint a litigation guardian; and
(c)tell the public advocate that the proceeding has been adjourned so the parties can get representation or appoint a litigation guardian; and
(d)ask that legal representation be arranged by Legal Aid ACT.
(3)Nothing in this section prevents the Magistrates Court from making an interim order against a respondent with impaired decision‑making ability if the court is satisfied of the matters mentioned in section 18 (Interim orders—grounds for making).
NoteA child under 14 years old cannot be a respondent to an application for a protection order (see s 69).
(4)In this section:
Legal Aid ACT—see the Legal Aid ACT 1977, section 94 (Commission to operate as Legal Aid ACT).
71Consent orders—party with impaired decision-making ability
(1)This section applies if—
(a)the Magistrates Court is considering an application for a consent order; and
(b)the court considers that a party to the proceeding is a person with impaired decision‑making ability who is not separately represented by a lawyer or another person with a right to represent the person; and
(c)it appears to the court that the party should be separately represented.
(2)The Magistrates Court—
(a)must not make the consent order; and
(b)may adjourn the hearing to allow the person to get separate representation.
Division 4.7 Appointment etc of litigation guardian
72Litigation guardian—appointment
(1)The following people may be appointed as a litigation guardian for a person with impaired decision-making ability (the assisted person) in a proceeding for a protection order:
(a)an adult who is not a person with impaired decision‑making ability;
(b)the public advocate.
(2)A person is appointed by filing with the Magistrates Court a statement—
(a)about whether, to the best of the person’s knowledge, the assisted person already has a disability guardian; and
(b)to the effect that the person—
(i)has no interest in the proceeding that is adverse to the interests of the assisted person; and
(ii)agrees to be appointed.
(3)If the assisted person already has a disability guardian, the disability guardian may be appointed as the assisted person’s litigation guardian only with the Magistrates Court’s leave.
73Litigation guardian—powers
· Supreme Court.
affected person means—
(a)in relation to personal violence at a workplace—the following people against whom personal violence has been, or is likely to be, committed:
(i)an employee at the workplace;
(ii)the employee’s employer;
(iii)any other person in the workplace; or
(b)in relation to other personal violence—a person against whom personal violence has been, or is likely to be, committed.
NotePersonal violence does not include family violence which is dealt with under the Family Violence Act 2016 (see s 8 (2)).
amend, a protection order, includes amend the order by—
(a)adding further conditions, prohibitions or restrictions to the order or amending or deleting conditions, prohibitions or restrictions; or
(b)extending or reducing the period for which the order remains in force.
ammunition—see the Firearms Act 1996, dictionary.
appealable decision means a decision mentioned in section 84.
application, for a protection order, means an application for a final order.
Note 1The court may make an interim order on an application for a final order (see s 17). No separate application for an interim order is required.
Note 2As a protection order includes an order amending a protection order (see def protection order), an application for a protection order includes an application to amend a protection order.
authorised person, for schedule 1 (Permitted publication about proceeding)—see schedule 1, section 1.1.
care and protection chapters, for schedule 1 (Permitted publication about proceeding)—see schedule 1, section 1.1.
child, of a person, includes—
(a)a child who normally lives with the person; and
(b)a child for whom the person is a guardian.
NoteA child is someone under 18 years old (see Legislation Act, dict, pt 1).
consent order means a protection order made under section 25.
copy, in relation to a document to be served in a proceeding, means—
(a)if the document has been entered into the record of the Magistrates Court—a true copy sealed or stamped with the seal of the court; or
(b)in any other case—a true copy.
disability guardian, of a person—see the Guardianship and Management of Property Act 1991, dictionary, definition of guardian.
employee means an individual engaged by someone—
(a)under a contract of service; or
(b)under a contract for services; or
(c)under an apprenticeship; or
(d)under an approved training contract under the Training and Tertiary Education Act 2003; or
(e)to work for the person as a volunteer.
employer means someone who engages an individual—
(a)under a contract of service; or
(b)under a contract for services; or
(c)under an apprenticeship; or
(d)under an approved training contract under the Training and Tertiary Education Act 2003; or
(e)to work as a volunteer.
family violence—see the Family Violence Act 2016, section 8.
final order means a protection order that is not an interim order, and includes an order amending a final order.
firearm—see the Firearms Act 1996, section 6.
firearms licence—see the Firearms Act 1996, dictionary, definition of licence.
general interim order—
(a)means a protection order (including a consent order) made under section 19 (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.
impaired decision-making ability—see section 68.
interim order means—
(a)a general interim order; or
(b)a special interim order.
litigation guardian, of a person, means a person appointed in accordance with section 72.
personal protection order means an interim or final order other than a workplace protection order.
personal violence—see section 8.
NotePersonal violence does not include family violence (see s 8 (3)).
proceeding, for a protection order, includes a proceeding to review the order under part 6.
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.
protected person means the person protected under a protection order.
protection order—
(a)means—
(i)an interim personal or workplace protection order; or
(ii)a final personal or workplace protection 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 temporary amendment under section 78.
recognised court, for part 7 (Reciprocal arrangements)—see section 90.
recognised order, for part 7 (Reciprocal arrangements)—see section 90.
registered order, for part 7 (Reciprocal arrangements)—see section 90.
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 the respondent to the application; and
(b)the offence is against the affected person.
respondent means a person—
(a)in relation to whom an application for a protection order has been made; or
(b)against whom a protection order has been made.
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 47.
revoke includes cancel.
special interim order—
(a)means a protection order (including a consent order) made under section 19 (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.
timing notice, for a preliminary conference—see section 39.
workplace protection order means an interim or final order restraining a person from personal violence in relation to a workplace.
NoteSee s 8 (2) for the meaning of personal violence by a person in relation to a workplace.
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
3 Legislation history
Personal Violence Act 2016 A2016-43
notified LR 18 August 2016
s 1, s 2 commenced 18 August 2016 (LA s 75 (1))
remainder commenced 1 May 2017 (s 2 and see Family Violence Act 2016 A2016-42 s 2 (2) (as am by A2017‑10 s 7))as amended by
Family and Personal Violence Legislation Amendment Act 2017 A2017‑10 pt 4
notified LR 6 April 2017
s 1, s 2 commenced 6 April 2017 (LA s 75 (1))
pt 4 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))Crimes Legislation Amendment Act 2019 A2019‑23 pt 12
notified LR 8 August 2019
s 1, s 2 commenced 8 August 2019 (LA s 75 (1))
pt 12 commenced 15 August 2019 (s 2 (1))COVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.16
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))
sch 1 pt 1.16 commenced 8 April 2020 (s 2 (1))COVID-19 Emergency Response Legislation Amendment Act 2021 A2021-1 sch 1 pt 1.13
notified LR 19 February 2021
s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
sch 1 pt 1.13 commenced 20 February 2021 (s 2 (1))Sexual Assault Reform Legislation Amendment Act 2023 A2023-15 pt 5, sch 1, sch 2 pt 2.3
notified LR 17 May 2023
s 1, s 2 commenced 17 May 2023 (LA s 75 (1))
pt 5, sch 1, sch 2 pt 2.3 commenced 24 May 2023 (s 2)Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 pt 8
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
s 110, s 112, s 114, s 116, s 118, s 120 commenced 22 November 2023 (s 2 (1))
pt 8 remainder commenced 1 July 2025 (s 2 (3))Sexual, Family and Personal Violence Legislation Amendment Act 2024 A2024-40 pt 5
notified LR 12 September 2024
s 1, s 2 commenced 12 September 2024 (LA s 75 (1))
pt 5 commenced 19 September 2024 (s 2)as modified by
Personal Violence (Transitional Provisions) Regulation 2025 SL2025‑12
notified LR 8 July 2025
s 1, s 2 taken to have commenced 22 November 2023 (LA s 75 (2))
s 3, sch 1 taken to have commenced 22 November 2023 (s 2 (1) and see Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 s 2 (1))
remainder taken to have commenced 1 July 2025 (s 2 (2) and see Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 s 2 (3))
4 Amendment history
Commencement
s 2om LA s 89 (4)
Principle about procedures
s 9am A2017‑10 s 70
Rules of evidence
s 10Ains A2017‑10 s 71
Matters to be considered—protection orders
s 11am A2017‑10 s 72, s 73; ss and pars renum R1 LA
Who may apply for personal protection orders?
s 12am A2023-45 s 110, s 111
Child may apply for protection order in same application as parent
s 13Ains A2017‑10 s 74
Applications by police officers
s 13Bins A2017‑10 s 74
Application forms that require affected person’s address
s 14am A2017‑10 s 75
Interim orders
div 3.3 hdgsub A2023‑15 s 11
Making interim orders
sdiv 3.3.1 hdg ins A2023‑15 s 11
Interim orders—only on application for final order
s 17am A2017‑10 s 76
sub A2023‑15 s 11
Interim orders—grounds for making
s 18sub A2023‑15 s 11
Interim orders—general interim orders and special interim orders
s 19sub A2023‑15 s 11
General interim orders
sdiv 3.3.2 hdg ins A2023‑15 s 11
General interim orders—only 1 may be made
s 20am A2017‑10 s 77
sub A2023‑15 s 11
General interim orders—length
s 21sub A2023‑15 s 11
General interim orders—ending
s 22sub A2023‑15 s 11
General interim orders—taken to be special interim orders if related charges laid
s 23sub A2023‑15 s 11
General interim orders—further orders
s 24sub A2023‑15 s 11
General interim orders—extension for non-service of application
s 24AAins A2023‑15 s 11
General interim orders—extension for non-service of final order
s 24ABins A2023‑15 s 11
am A2024-40 s 22
Special interim orders
sdiv 3.3.3 hdg ins A2023‑15 s 11
Special interim orders—ending
s 24ACins A2023‑15 s 11
Special interim orders—application not to be decided until related charges finalised
s 24ADins A2023‑15 s 11
Special interim orders—final application decided
s 24AEins A2023‑15 s 11
Consent to interim order becoming final order
s 24Ains A2017‑10 s 78
Consent orders
s 25am A2023‑15 amdt 1.1
Final orders—length
s 27am A2017‑10 s 79
Protection order continues in force when protected person becomes adult
s 38Ains A2024-40 s 23
What Magistrates Court must do after receiving application for protection order
div 4.1 hdgsub A2017‑10 s 80
Meaning of timing notice
s 39sub A2017‑10 s 80
Interim order not sought
s 40sub A2017‑10 s 80; A2024-40 s 24
Interim order sought
s 41sub A2017‑10 s 80
am A2023‑15 s 12
sub A2024-40 s 24
Service of application etc on others
s 42sub A2017‑10 s 80
Preliminary conferences
div 4.2 hdgsub A2017‑10 s 80
Preliminary conferences—generally
s 43sub A2017‑10 s 80
am A2024-40 s 25
Adjournment of preliminary conference for non-service
s 44sub A2017‑10 s 80
am A2023‑15 amdt 1.2
If no consent order at preliminary conference
s 45sub A2017‑10 s 80
am A2023‑15 s 13
Referrals to mediation
s 46sub A2017‑10 s 80
Non-attendance by party
div 4.2A hdg ins A2017‑10 s 80
Meaning of returned before the court—div 4.2A
s 47sub A2017‑10 s 80
Applicant not present at return of application
s 48sub A2017‑10 s 80
am A2023‑15 amdt 1.3
Respondent not present at return of application
s 49sub A2017‑10 s 80
Neither party present at return of application
s 49Ains A2017‑10 s 80
Applicant not present at return of application
s 50om A2017‑10 s 81
Respondent not present at return of application
s 51om A2017‑10 s 81
Neither party present at return of application
s 52om A2017‑10 s 81
Public hearing not required
s 54am A2017‑10 s 82, s 83
Notice of grounds of defence
s 55Ains A2017‑10 s 84
Applicant may rely on additional information in hearing
s 55Bins A2017‑10 s 84
If child and child’s parent are affected people
s 55Cins A2017‑10 s 84
Children as witnesses
s 55Dins A2017‑10 s 84
Discontinuance
s 56am A2017‑10 s 85
Giving evidence by affidavit for interim order
s 57Ains A2017‑10 s 86
am A2019‑23 s 53
Service of protection orders
s 64om A2017‑10 s 87
Service of documents
div 4.4A hdg ins A2017‑10 s 88
Personal service of application on respondent
s 64Ains A2017‑10 s 88
Dismissal of application for non-service
s 64Bins A2017‑10 s 88
Service of protection orders
s 64Cins A2017‑10 s 88
am A2023‑15 s 14; ss renum R6 LA
Self-represented parties
s 64Dins A2017‑10 s 88
Service of documents by police
s 64Eins A2017‑10 s 88
Giving documents to child or child’s parent or guardian
s 64Fins A2017‑10 s 88
Affidavit of service of documents by police
s 64Gins A2019‑23 s 54
Request for further particulars
s 65Ains A2017‑10 s 89
Directions about procedure
s 66om A2017‑10 s 90
Costs
s 67am A2017‑10 s 91
Child respondents
s 69sub A2023-45 s 112, s 113
Representation—party with impaired decision-making ability
s 70am A2023‑15 amdt 1.4; A2023-45 s 114, s 115
Litigation guardian—appointment
s 72am A2017‑10 s 92
Amendment of protection orders—preliminary conferences
s 76Ains A2017‑10 s 93
sub A2024-40 s 26
Amendment of protection orders
s 77am A2017‑10 ss 94-96; pars renum R1 LA
Interim orders made by consent—extension
s 79am A2017‑10 s 97, s 98
Final orders—extension
s 80am A2017‑10 s 99
Special interim orders—application for review
s 80Ains A2023‑15 s 15
Special interim orders—review
s 80Bins A2023‑15 s 15
Final orders—application for review
s 81 hdgsub A2017‑10 s 100
s 81am A2017‑10 ss 101-103; ss renum R1 LA
Final orders—review
s 82 hdgsub A2017‑10 s 104
s 82am A2017‑10 s 105
Consent orders—review
s 83am A2017‑10 s 106, s 107
Review of orders—preliminary conferences
s 83Ains A2017‑10 s 108
sub A2024-40 s 27
Magistrate review of registrar decisions
s 83Bins A2024-40 s 27
Giving notice of appeal
s 86om A2017‑10 s 109
Recognised orders—registration
s 92am A2023-45 s 116, s 117
Registered orders—revocation
s 95am A2023-45 s 118, s 119
Deciding application if criminal proceedings
s 101am A2023‑15 amdt 1.5
Transitional
pt 20 hdgexp 1 May 2019 (s 202)
Meaning of repealed Act—pt 20
s 198ins A2017‑10 s 110
exp 1 May 2019 (s 202)
Applications and orders under repealed Act
s 199ins A2017‑10 s 110
exp 1 May 2019 (s 202)
Existing registered orders under repealed Act
s 200am A2017‑10 s 111
exp 1 May 2019 (s 202)
Transitional regulations
s 201exp 1 May 2019 (s 202)
Expiry—pt 20
s 202exp 1 May 2019 (s 202)
Amendments
pt 21 hdgom LA s 89 (3)
Legislation amended—sch 2
s 203om LA s 89 (3)
COVID-19 emergency response
pt 22 hdgins A2020‑11 amdt 1.62
exp 29 September 2023 (s 209)
Meaning of COVID-19 emergency—pt 22
s 204ins A2020‑11 amdt 1.62
exp 29 September 2023 (s 209)
Extending general interim orders
s 205 hdgsub A2023‑15 amdt 1.6
s 205ins A2020‑11 amdt 1.62
am A2023‑15 amdt 1.7, amdt 1.8
exp 29 September 2023 (s 209)
Requirement for party to be present
s 206ins A2020‑11 amdt 1.62
exp 29 September 2023 (s 209)
Requirement for party to give consent
s 207ins A2020‑11 amdt 1.62
exp 29 September 2023 (s 209)
Acknowledgment of undertaking by respondent
s 208ins A2020‑11 amdt 1.62
exp 29 September 2023 (s 209)
Expiry—pt 22
s 209ins A2020‑11 amdt 1.62
sub A2021-1 amdt 1.24
exp 29 September 2023 (s 209)
Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
pt 23 hdgins A2023-45 s 120
exp 22 November 2028 (s 212)
General
div 23.1 hdgins A2023-45 s 120
exp 22 November 2028 (s 212)
Definitions—pt 23
s 210ins A2023-45 s 120
exp 22 November 2028 (s 212)
def child respondent ins A2023-45 s 120
exp 22 November 2028 (s 212)
def commencement day ins A2023-45 s 120
exp 22 November 2028 (s 212)
Transitional regulations
s 211ins A2023-45 s 120
exp 22 November 2028 (s 212)
Expiry—pt 23
s 212ins A2023-45 s 120
exp 22 November 2028 (s 212)
Ending action etc for personal protection orders
div 23.2 hdgins A2023-45 s 120
exp 22 November 2028 (s 212)
Application—div 23.2
s 213ins A2023-45 s 120
exp 22 November 2028 (s 212)
Enforcement action
s 214ins A2023-45 s 120
exp 22 November 2028 (s 212)
Protection order procedures, proceedings etc
s 215ins A2023-45 s 120
mod SL2025-12 mod 1.1
mod exp 22 November 2028 (SL2025-12 s 5 (2))
exp 22 November 2028 (s 212)
Validity of past protection order action
div 23.3 hdgins A2023-45 s 120
exp 22 November 2028 (s 212)
Meaning of past protection order action—div 23.3
s 216ins A2023-45 s 120
exp 22 November 2028 (s 212)
Past lawful acts not affected
s 217ins A2023-45 s 120
exp 22 November 2028 (s 212)
Protection from liability
s 218ins A2023-45 s 120
exp 22 November 2028 (s 212)
No entitlement to compensation etc
s 219ins A2023-45 s 120
exp 22 November 2028 (s 212)
Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
pt 24 hdgins A2023-45 s 121
exp 1 July 2030 (s 222)
General
div 24.1 hdgins A2023-45 s 121
exp 1 July 2030 (s 222)
Definitions—pt 24
s 220ins A2023-45 s 121
exp 1 July 2030 (s 222)
def child respondent ins A2023-45 s 121
mod SL2025-12 mod 2.1
mod exp 1 July 2030 (SL2025-12 s 5 (1))
exp 1 July 2030 (s 222)
def commencement day ins A2023-45 s 121
exp 1 July 2030 (s 222)
Transitional regulations
s 221ins A2023-45 s 121
exp 1 July 2030 (s 222)
Expiry—pt 24
s 222ins A2023-45 s 121
exp 1 July 2030 (s 222)
Ending action etc for personal protection orders
div 24.2 hdgins A2023-45 s 121
exp 1 July 2030 (s 222)
Application—div 24.2
s 223ins A2023-45 s 121
exp 1 July 2030 (s 222)
Enforcement action
s 224ins A2023-45 s 121
exp 1 July 2030 (s 222)
Protection order procedures, proceedings etc
s 225ins A2023-45 s 121
mod SL2025-12 mod 2.2
mod exp 1 July 2030 (SL2025-12 s 5 (1))
exp 1 July 2030 (s 222)
Validity of past protection order action
div 24.3 hdgins A2023-45 s 121
exp 1 July 2030 (s 222)
Protection order procedures, proceedings etc
s 226ins A2023-45 s 121
exp 1 July 2030 (s 222)
Past lawful acts not affected
s 227ins A2023-45 s 121
exp 1 July 2030 (s 222)
Protection from liability
s 228ins A2023-45 s 121
exp 1 July 2030 (s 222)
No entitlement to compensation etc
s 229ins A2023-45 s 121
exp 1 July 2030 (s 222)
Firearms Act 1996
sch 2om LA s 89 (3)
Dictionary
dictam A2017‑10 s 112, s 113; A2023‑15 amdt 2.10
def general interim order ins A2023‑15 s 16
def interim order sub A2023‑15 s 17
def related ins A2023‑15 s 18
am A2024-40 s 28
def return date am A2024-40 s 29
def returned ins A2017‑10 s 114
def special interim order ins A2023‑15 s 18
def timing notice sub A2017‑10 s 115
5 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 20171 May 2017–
1 May 2019A2017-10 new Act and amendments by A2017-10 R2
2 May 20192 May 2019–
14 Aug 2019A2017‑10 expiry of transitional provisions (pt 20)) R3
15 Aug 201915 Aug 2019–
7 Apr 2020A2019‑23 amendments by A2019‑23 R4
8 Apr 20208 Apr 2020–
19 Feb 2021A2020-11 amendments by A2020-11 R5
20 Feb 202120 Feb 2021–
23 May 2023A2021‑1 amendments by A2021‑1 R6
24 May 202324 May 2023–
29 Sept 2023A2023‑15 amendments by A2023‑15 R7
30 Sept 202330 Sept 2023–
21 Nov 2023A2023‑15 expiry of provisions (pt 22) R8
22 Nov 202322 Nov 2023–
18 Sept 2024A2023‑45 amendments by A2023‑45 R8 (RI)
8 July 202522 Nov 2023–
18 Sept 2024A2023‑45 reissued for retrospective modification by SL2025-12 R9
19 Sept 202419 Sept 2024–
30 June 2025A2024‑40 amendments by A2024‑40 R9 (RI)
8 July 202519 Sept 2024–
30 June 2025A2024‑40 reissued for retrospective modification by SL2025-12
6 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.
7 Modifications of republished law with temporary effect
The following modifications have not been included in this republication:
Personal Violence (Transitional Provisions) Regulation 2025 SL2025-12 sch 1, sch 2
Schedule 1Modification of Act—pt 23
(see s 3)
[1.1]New section 215 (3A)
insert
(3A)A protection order made against a child respondent is revoked on the commencement day.
Schedule 2Modification of Act—pt 24
(see s 4)
[2.1]Section 220, definition of child respondent, paragraph (b)
omit
family violence order
substitute
protection order
[2.2]New section 225 (3A)
insert
(3A)A protection order made against a child respondent is revoked on the commencement day.
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