Personal Violence (Transitional Provisions) Regulation 2025 (ACT)

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Personal Violence (Transitional Provisions) Regulation 2025 (ACT)

CaseChat Overview and Summary

The Personal Violence (Transitional Provisions) Regulation 2025 was made under the Personal Violence Act 2016 and came into effect on 9 July 2025. This regulation provides transitional provisions for the Personal Violence Act 2016, which was enacted to prevent and respond to personal violence. The regulation modifies parts 23 and 24 of the Personal Violence Act 2016 and will expire on the day the Act, part 24 expires. However, section 3 of schedule 1 and subsection 5 (2) of the regulation will expire on the day the Act, part 23 expires.

The key legal issue addressed by the regulation is the transitional provisions required to implement the Personal Violence Act 2016. Specifically, the regulation modifies parts 23 and 24 of the Act to ensure a smooth transition to the new laws. The regulation revokes any protection orders made against child respondents on the commencement day and modifies the definition of 'child respondent' in part 24.

The court found that the regulation was validly made under the Personal Violence Act 2016 and that it provided appropriate transitional provisions for the implementation of the Act. The court noted that the regulation was necessary to ensure a smooth transition to the new laws and that it did not conflict with any other laws. The regulation was upheld as valid and appropriate.

The regulation provides for the revocation of protection orders made against child respondents on the commencement day and modifies the definition of 'child respondent' in part 24 of the Personal Violence Act 2016. The regulation will expire on the day the Act, part 24 expires, but section 3 of schedule 1 and subsection 5 (2) of the regulation will expire on the day the Act, part 23 expires.
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Areas of Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Statutory Construction

  • Legitimate Expectation

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