Restraining Orders Act 1997 (WA)

Western Australia

Western Australia

Restraining Orders Act 1997

An Act to provide for orders to restrain people from committing family violence or personal violence by imposing restraints on their behaviour and activities, and for related purposes.

[Long title amended: No. 38 of 2004 s. 4; No. 49 of 2016 s. 4.]

This Act may be cited as the Restraining Orders Act 1997.

This Act comes into operation on such day as is fixed by proclamation.

• (1)

  In this Act unless the contrary intention appears — 

affidavit includes an electronic declaration made in accordance with the rules of court;

application means an application made under this Act or the Domestic Violence Orders (National Recognition) Act 2017;

assault includes an assault within the meaning of The Criminal Code;

authorised magistrate means a magistrate authorised under section 17(1)(a);

authorised person means a police officer or a person who is, or who is in a class of persons that is, prescribed in the regulations for the purposes of this definition;

CEO (child welfare) means the CEO within the meaning of the Children and Community Services Act 2004;

child means a person under 18 years of age;

child welfare officer means —

• (a)

  the CEO as defined in section 3 of the Children and Community Services Act 2004; or

• (b)

  a person who is an authorised officer for the purposes of section 37 of that Act;

Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;

conduct agreement order has the meaning given in section 10H(1);

consent order means an order made under section 41(1) or 43(2);

corresponding law, in relation to another State or Territory or a foreign country, means a law of that State, Territory or country that empowers a court of that State, Territory or country to make orders (however described) having an effect that is the same as or similar to the effect of restraining orders made under this Act;

court includes an authorised magistrate;

cyber‑stalking, in relation to a person, means stalking, monitoring the movement or communications of, or repeatedly communicating with or harassing, the person using electronic means;

distributes has the meaning given in The Criminal Code section 221BA;

explosive means a substance or an article that is controlled as an explosive under the Dangerous Goods Safety Act 2004;

explosives licence means a licence, permit or authorisation to hold an explosive under the Dangerous Goods Safety Act 2004;

exposed, in relation to family violence or personal violence, has the meaning given in section 6A(1);

family court proceedings means proceedings under the Family Law Act 1975 (Commonwealth) or the Family Court Act 1997;

family member has the meaning given in section 4(3);

family order has the meaning given in section 5;