Prostitution (Restraining Orders) Regulations 2000 (WA)

Western Australia

Prostitution Act 2000

Prostitution (Restraining Orders) Regulations 2000

Western Australia

Prostitution (Restraining Orders) Regulations 2000 Contents1. Citation 12 — Commencement3. Forms 14. Affidavit 15. Orders under section 37 16. Service of applications 27. Service of restraining orders 28. Notification 2Schedule 1 — FormsNotesCompilation table 39

Western Australia

Prostitution Act 2000

Prostitution Act 2000

Prostitution (Restraining Orders) Regulations 2000

1.Citation

These regulations may be cited as the Prostitution (Restraining Orders) Regulations 2000.

2.Commencement

These regulations come into operation on the day on which the Prostitution Act 2000 comes into operation.

3.Forms

• (1)

  The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.

• (2)

  It is sufficient compliance with the Act if a form substantially in compliance with the prescribed form is used.

4.Affidavit

An affidavit accompanying an application for leave to apply to vary or cancel a restraining order is to be sworn before a justice.

5.Orders under section 37

• (1)

  When a court makes a restraining order under section 37 of the Act the court is to make a written record of the proceedings in the prescribed form and cause the form to be placed on the court records.

• (2)

  For the purposes of section 42 of the Act, when a court makes a restraining order under section 37 of the Act, the order is taken to have been made on the application of the Commissioner of Police.

6.Service of applications

• (1)

  A person making an application under section 38 of the Act for a restraining order must cause a copy of the application to be served on the person sought to be restrained.

• (2)

  A person making an application under section 42 of the Act to vary or cancel a restraining order must cause a copy of the application to be served on —

  • (a)

    if the application is made by a police officer, the restrained person; or

  • (b)

    if the application is made by the restrained person, the person on whose application the restraining order was made.

• (3)

  Part 6 Division 2 of the Restraining Orders Act 1997 applies in relation to the service of an application relating to a restraining order under the Act as if it were a summons relating to a restraining order under the Restraining Orders Act 1997.

7.Service of restraining orders

Part 6 Division 2 of the Restraining Orders Act 1997 applies in relation to the service of a restraining order under the Act as if it were a restraining order under the Restraining Orders Act 1997.

8.Notification

Part 6 Division 2 of the Restraining Orders Act 1997 applies in relation to the notification of a matter under the Act as if it were the notification of a matter under the Restraining Orders Act 1997.

Schedule 1 — Forms

[r. 3]

Form	Title	Section
1	Application for prostitution restraining order Court copy (front and back) Applicant’s copy Copy for person to be restrained Proof of service copy (front and back)	38
2	Prostitution restraining order under section 37 Record of proceedings Court copy	37
3	Prostitution restraining order Court copy Respondent’s copy (front and back) Police copy (front and back) Proof of service copy (front and back)	40
4	Application for leave to apply to vary or cancel a prostitution restraining order Court copy (front and back) Restrained person’s copy (front and back) Respondent’s copy Proof of service copy (front and back)	42
5	Affidavit in support of application for leave to apply vary or cancel a prostitution restraining order	42
6	Application to vary or cancel a prostitution restraining order Court copy (front and back) Copy for person applying to vary or cancel Other party’s copy	42

Prostitution Act 2000Application for a prostitution restraining order			Number
Jurisdiction     r Magistrates Court r Children’s Court
Location
Applicant	Name                                                                                             on behalf of the Commissioner of Police
Regimental no.
Police station/division
Phone no.
Person to be restrained (Fill in as many details as known)	Family name						Date of birth
Other names
Home            street suburb address                                                                    postcode
Work            location Address       street Suburb postcode
work Phone nos.                                                    home
Grounds for application	I suspect that the person to be restrained — r      has committed an offence in a public place r      intends to commit an offence in a public place
Offence
Public place
Directions given under s. 26 of Act	Date	Given by   (name & regimental no.)				Given at (place)
Applicant	Signature							Date
Hearing (To by filled in by the court)	Court				Date			Time
Signature of registrar

Court copy

Record of Proceedings
Date	Attendance			Representation			Adjournments
Applicant	Person to be restrained		Applicant	Person to be restrained
Orders
_________________ ____________________________         __________________ Date Judicial Officer                                                                                Time
Clerk’s record

Back of court copy

Prostitution Act 2000Application for a prostitution restraining order			Number
Jurisdiction     r Magistrates Court r Children’s Court
Location
Applicant	Name                                                                                             on behalf of the Commissioner of Police
Regimental no.
Police station/division
Phone no.
Person to be restrained (Fill in as many details as known)	Family name						Date of birth
Other names
Home            street suburb address                                                                    postcode
Work            location Address       street Suburb postcode
work Phone nos.                                                    home
Grounds for application	I suspect that the person to be restrained — r      has committed an offence in a public place r      intends to commit an offence in a public place
Offence
Public place
Directions given under s. 26 of Act	Date	Given by   (name & regimental no.)				Given at (place)
Applicant	Signature							Date
Hearing (To by filled in by the court)	Court				Date			Time
Signature of registrar

Applicant’s copy

Prostitution Act 2000Application for a prostitution restraining order			Number
Jurisdiction     r Magistrates Court r Children’s Court
Location
Applicant	Name                                                                                             on behalf of the Commissioner of Police
Regimental no.
Police station/division
Phone no.
Person to be restrained (Fill in as many details as known)	Family name						Date of birth
Other names
Home            street suburb address                                                                    postcode
Work            location Address       street Suburb postcode
work Phone nos.                                                    home
Grounds for application	I suspect that the person to be restrained — r      has committed an offence in a public place r      intends to commit an offence in a public place
Offence
Public place
Directions given under s. 26 of Act	Date	Given by   (name & regimental no.)				Given at (place)
Applicant	Signature							Date
Hearing (To by filled in by the court)	Court				Date			Time
Signature of registrar

An application for a restraining order has been made against you. The details of the application are set out above.

You are required to attend a court hearing on this matter at the place and time set out above. If you do not attend the court hearing a restraining order may be made against you in your absence.

A restraining order may prohibit you from going to certain places or doing certain things, or impose restrictions on the places where you may go and the things that you may do.

Copy for person to be restrained

Prostitution Act 2000Application for a prostitution restraining order			Number
Jurisdiction     r Magistrates Court r Children’s Court
Location
Applicant	Name                                                                                             on behalf of the Commissioner of Police
Regimental no.
Police station/division
Phone no.
Person to be restrained (Fill in as many details as known)	Family name						Date of birth
Other names
Home            street suburb address                                                                    postcode
Work            location Address       street Suburb postcode
work Phone nos.                                                    home
Grounds for application	I suspect that the person to be restrained — r      has committed an offence in a public place r      intends to commit an offence in a public place
Offence
Public place
Directions given under s. 26 of Act	Date	Given by   (name & regimental no.)				Given at (place)
Applicant	Signature							Date
Hearing (To by filled in by the court)	Court				Date			Time
Signature of registrar

Proof of service copy

Certificate of service

Officer serving application

Name

Regimental no.

Police station/division

Service

• Methodofservice 

  r personal              r by post

Place where order served

Date of service

Time of service

Person served

(If possible to obtain)

Name

Address        street

• Suburb

  postcode

Signature

Certificate

I certify that on the day and at the time and place set out above

• r

  I personally served this application on the person to be restrained

• r

  I sent this application by prepaid registered post to the person to be restrained at the address set out above

in accordance with the Prostitution (Restraining Orders) Regulations 2000.

Signature

Date

Back of proof of service copy

Prostitution Act 2000Prostitution restraining order under s. 39 Record of proceedings		Number
Jurisdiction     r Magistrates Court r Children’s Court r Other _____________
Location
Application	Ordermade r   by the court of its own motion r at request of _________________________________
Person to be restrained (Fill in as many details as known)	Family name			Date of birth
Other names
Home            street suburb address                                                                    postcode
Work            location Address       street Suburb postcode
work Phone nos.                                                    home
Grounds for order	Offence        r   s. 5 — seeking prostitution in public place r   s. 6 — seeking client in public place r   prescribed ­­­­­­­­­­­­­­­­offence ­­______________________________
Place offence occurred
Date of offence
Grounds on which court considers offender is likely to commit a similar offence

Witnesses and summary of evidence

Police

Person to be restrained

Other witnesses

Other notes

Terms of the order
Order made	Date order made	Time order made
Registrar	Date

Court copy

Prostitution Act 2000Prostitution restraining order		Number
Jurisdiction     r Magistrates Court r Children’s Court r Other ______________
Location
Restrained person	Family name					Date of birth
Other names
Home            street suburb address                                                                       postcode
Work            street suburb Address                                                                      postcode
work Phone nos.                                                    home
Terms of the order
Order made	Date			Time
Registrar	Signature				Date

Court copy

Prostitution Act 2000Prostitution restraining order		Number
Jurisdiction     r Magistrates Court r Children’s Court r Other ______________
Location
Restrained person	Family name					Date of birth
Other names
Home            street suburb address                                                                       postcode
Work            street suburb Address                                                                      postcode
work Phone nos.                                                    home
Terms of the order
Order made	Date			Time
Registrar	Signature				Date

Restrained person’s copy

IMPORTANT INFORMATION

Prostitution restraining order

A restraining order has been made against you on the terms set out on the front of this order. It will take effect when it is served on you and it will remain in force until it expires or is varied or cancelled by a court. You must comply with this order at all times while it is in force.

If there is a duration specified in the order, the order expires at the end of the specified period.   If there is no duration specified in the order, it expires 1 year after it was served on you.

If, in the future, there is a substantial change in the circumstances which led to the order being made you may apply to the court for leave to apply to have the order varied or cancelled. If you would like more information about doing this you should consult your lawyer or the registrar of the court.

Penalty It is an offence to breach this restraining order. If you do, you may be arrested and will face a penalty of up to $5 000.

Back of restrained person’s copy

Prostitution Act 2000Prostitution restraining order		Number
Jurisdiction     r Magistrates Court r Children’s Court r Other ______________
Location
Restrained person	Family name					Date of birth
Other names
Home            street suburb address                                                                       postcode
Work            street suburb Address                                                                      postcode
work Phone nos.                                                    home
Terms of the order
Order made	Date			Time
Registrar	Signature				Date

Police copy

Certificate of service

Officer serving order

Name

Regimental no.

Police station/division

Service

Method of service        r personal              r oral               r substituted

Place where order served

Date of service

Time of service

Person served

(If possible to obtain)

Name

Address        street

• Suburb

  postcode

Signature

Certificate

I certify that on the day and at the time and place set out above

• r

  I personally served this order on the restrained person

• r

  I orally served this order on the restrained person

• r

  I took the steps directed by the court to effect substituted service of this order on the restrained person

in accordance with the Prostitution (Restraining Orders) Regulations 2000, and in the case of oral service I also certify that the restrained person appeared to understand what was said.

Signature

Date

Back of police copy

Prostitution Act 2000Prostitution restraining order		Number
Jurisdiction     r Magistrates Court r Children’s Court r Other ______________
Location
Restrained person	Family name					Date of birth
Other names
Home            street suburb address                                                                       postcode
Work            street suburb Address                                                                      postcode
work Phone nos.                                                    home
Terms of the order
Order made	Date			Time
Registrar	Signature				Date

Proof of service copy

Certificate of service

Officer serving order

Name

Regimental no.

Police station/division

Service

Method of service        r personal              r oral               r substituted

Place where order served

Date of service

Time of service

Person served

(If possible to obtain)

Name

Address        street

• Suburb

  postcode

Signature

Certificate

I certify that on the day and at the time and place set out above

• r

  I personally served this order on the restrained person

• r

  I orally served this order on the restrained person

• r

  I took the steps directed by the court to effect substituted service of this order on the restrained person

in accordance with the Prostitution (Restraining Orders) Regulations 2000, and in the case of oral service I also certify that the restrained person appeared to understand what was said.

Signature

Date

Back of proof of service copy

Prostitution Act 2000Application for leave to apply to vary or cancel a prostitution restraining order		Number
Jurisdiction     r Court of Petty   Sessions r Children’s Court
Location
Restrained person	Family name
Other names
Address       street Suburb postcode
work Phone nos.                                                      home
Restraining order	Date order was made
Restraining Order no.
Substantial changes	What circumstances have substantially changed since the order was made?
Variation or cancellation	Doyouwanttheordertobe r cancelled        r varied If varied, what do you want changed?
Grounds for variation or cancellation	Why do you want the restraining order varied or cancelled?
Person applying for leave	Signature				Date
Hearing (To be filled in by the court)	Court			Date		Time
Signature of registrar

Court copy

Record of Proceedings
Date	Attendance			Representation			Adjournments
Applicant	Person to be restrained		Applicant	Person to be restrained
Orders
_________________ ____________________________         __________________ Date Judicial Officer                                                                                Time
Clerk’s record

Back of court copy

Prostitution Act 2000Application for leave to apply to vary or cancel a prostitution restraining order		Number
Jurisdiction     r Court of Petty   Sessions r Children’s Court
Location
Restrained person	Family name
Other names
Address       street Suburb postcode
work Phone nos.                                                      home
Restraining order	Date order was made
Restraining Order no.
Substantial changes	What circumstances have substantially changed since the order was made?
Variation or cancellation	Doyouwanttheordertobe r cancelled        r varied If varied, what do you want changed?
Grounds for variation or cancellation	Why do you want the restraining order varied or cancelled?
Person applying for leave	Signature				Date
Hearing (To be filled in by the court)	Court			Date		Time
Signature of registrar

Restrained person’s copy

IMPORTANT INFORMATION

Application for leave to apply to vary or cancel

As the restrained person, before you are allowed to apply to vary or cancel the restraining order you must apply for leave to make that application.

When you file your application for leave you must also file an affidavit setting out all the facts that you know about that are material to the application — this includes all the facts that may go against your application as well as the ones that support it.   If you do not do this the court may reject your application.

At the hearing of the application for leave you must convince the court that there has been a substantial change in the relevant circumstances since the restraining order was   made.   If the court is not satisfied that there has been a substantial change of circumstances your application for leave will be dismissed

If the court is satisfied that there has been a substantial change of circumstances it will order you to serve a copy of this application on the person who originally applied for the restraining order (this will usually be the Commissioner of Police).   That person will then be able to attend court to oppose your application for leave if he or she wishes to do so.

If the court grants you leave, you must then lodge an application to vary or cancel the restraining order.

If you do not attend the hearing of your application for leave, your application may be dismissed.

Back of restrained person’s copy

This form must not be served until service is ordered by the Court
Prostitution Act 2000Application for leave to apply to vary or cancel a prostitution restraining order			Number
Jurisdiction     r Court of Petty   Sessions r Children’s Court
Location
Restrained person	Family name
Other names
Address       street Suburb postcode
work Phone nos.                                                      home
Restraining order	Date order was made
Restraining Order no.
Substantial changes	What circumstances have substantially changed since the order was made?
Variation or cancellation	Doyouwanttheordertobe r cancelled        r varied If varied, what do you want changed?
Grounds for variation or cancellation	Why do you want the restraining order varied or cancelled?
Person applying for leave	Signature					Date
Hearing (To be filled in by the court)	Court				Date		Time
Signature of registrar

Respondent’s copy

This form must not be lodged until application has been served on the Respondent
Prostitution Act 2000Application for leave to apply to vary or cancel a prostitution restraining order			Number
Jurisdiction     r Court of Petty   Sessions r Children’s Court
Location
Restrained person	Family name
Other names
Address       street Suburb postcode
work Phone nos.                                                      home
Restraining order	Date order was made
Restraining Order no.
Substantial changes	What circumstances have substantially changed since the order was made?
Variation or cancellation	Doyouwanttheordertobe r cancelled        r varied If varied, what do you want changed?
Grounds for variation or cancellation	Why do you want the restraining order varied or cancelled?
Person applying for leave	Signature					Date
Hearing (To be filled in by the court)	Court				Date		Time
Signature of registrar

Proof of service copy

Certificate of service

Person serving application

Name

Home         street

• suburb

  address                                                                       postcode

Service

• Methodofservice 

  r personal              r by post

Place where order served

Date of service

Time of service

Person served

(If possible to obtain)

Name

Regimental no.

Police station/division

Signature

Certificate

I certify that on the day and at the time and place set out above

• r

  I personally served this application on the person named above

• r

  I sent this application by prepaid registered post to the person named above at the police station/division referred to above

in accordance with the Prostitution (Restraining Orders) Regulations 2000.

Signature

Date

Back of proof of service copy

Prostitution Act 2000Affidavit in support of application for leave to apply to vary or cancel a prostitution restraining order		Number
Jurisdiction r Magistrates Court r Children’s Court
Location
Person making affidavit	Family name			Date of birth
Other names
Home            street suburb address                                                                       postcode
Affidavit NOTE You must set out ALL the relevant   circumstances — this includes things that may go against your application as well as those that support it. (Add extra pages if required)	I make oath and swear that since the restraining order was made the relevant circumstances have changed as follows — 1. 2. 3. 4. 5. 6.
Sworn before a Justice of the Peace	Signature Date
Justice of the Peace Signature Name

Prostitution Act 2000Application to vary or cancel a prostitution restraining order		Number
Jurisdiction     r Magistrates Court r Children’s Court
Location
Applicant	r Police officer nominated by the Commissioner of Police
Name
Regimental no.
Police station/division
Phone no.
r Restrained person
Restrained person	Family name
Other names
Address       street Suburb postcode
work Phone nos.                                                    home
Restraining order Leave	Date order was made
Restraining Order no.
Date leave to apply to vary was granted (if application is by restrained person)
Variation or cancellation	Doyouwanttheordertobe r cancelled        r varied If varied, what do you want changed?
Grounds for variation or cancellation	Why do you want the restraining order to be varied or cancelled?
Signature of applicant	Date
Hearing (To be filled in by the court)	Court			Date	Time
Signature of registrar

Court copy

Record of Proceedings
Date	Attendance			Representation			Adjournments
Applicant	Person to be restrained		Applicant	Person to be restrained
Orders
_________________ ____________________________         __________________ Date Judicial Officer                                                                                Time
Clerk’s record

Back of court copy

Prostitution Act 2000Application to vary or cancel a prostitution restraining order		Number
Jurisdiction     r Magistrates Court r Children’s Court
Location
Applicant	r Police officer nominated by the Commissioner of Police
Name
Regimental no.
Police station/division
Phone no.
r Restrained person
Restrained person	Family name
Other names
Address       street Suburb postcode
work Phone nos.                                                    home
Restraining order Leave	Date order was made
Restraining Order no.
Date leave to apply to vary was granted (if application is by restrained person)
Variation or cancellation	Doyouwanttheordertobe r cancelled        r varied If varied, what do you want changed?
Grounds for variation or cancellation	Why do you want the restraining order to be varied or cancelled?
Signature of applicant	Date
Hearing (To be filled in by the court)	Court			Date	Time
Signature of registrar

Copy for person applying to vary or cancel

Prostitution Act 2000Application to vary or cancel a prostitution restraining order		Number
Jurisdiction     r Magistrates Court r Children’s Court
Location
Applicant	r Police officer nominated by the Commissioner of Police
Name
Regimental no.
Police station/division
Phone no.
r Restrained person
Restrained person	Family name
Other names
Address       street Suburb postcode
work Phone nos.                                                    home
Restraining order Leave	Date order was made
Restraining Order no.
Date leave to apply to vary was granted (if application is by restrained person)
Variation or cancellation	Doyouwanttheordertobe r cancelled        r varied If varied, what do you want changed?
Grounds for variation or cancellation	Why do you want the restraining order to be varied or cancelled?
Signature of applicant	Date
Hearing (To be filled in by the court)	Court			Date	Time
Signature of registrar

Other party’s copy

[Schedule 1 amended: Gazette 31 Jul 2007 p. 3799.]

Notes

1          This is a compilation of the Prostitution (Restraining Orders) Regulations 2000 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Prostitution (Restraining Orders) Regulations 2000	28 Jul 2000 pp.4067-100	29 Jul 2000 (see regulation 2 and Gazette 28 Jul 2000 p.3987)
Prostitution (Restraining Orders) Amendment Regulations 2007 2	31 Jul 2007 p. 3799	r. 1 and 2: 31 Jul 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b))

2          The amendment in the Prostitution (Restraining Orders) Amendment Regulations 2007 r. 4(3) is not included as it is not clear what amendment was intended.