Restraining Orders Amendment Regulations 2012 (WA)
4 May 2012 GOVERNMENT GAZEYFE, WA 1847 ]U3O I *
Resti"ainin Orders Act 1997
Restraining Orders Amendment
Regulations 2012
Made by the Governor in Executive Council.
1. Citation
These regulations are the Restraining Orders A1niendnent
Regulations 2012.
2. Coni niencement
These regulations come into operation as follows
(a)
regulations I and 2 — on the day on hich these regulations are published in the Gazette;
(b)
the rest of the regulations on the day after that day.
| 1848 | C.OVER.NMENT GAZE rE. NVA | 4 May 2012 |
3. Regulations amended
These reulations amend the Restraining Orders
Regulations 1997.4. Schedule I .amended
(1) In Schedule I under the heading- "Table of forms" after the
item r-elatin to Form 1 3 insert:
14.\ I \:^ plicu1ian to lrl%r Ilnal 111lLi under,rrtian 32(2) of 11i Apt,rt aside I Nrrtian 32 ( x)
(2) Delete Schedule I Form 2 Parts A to D and insert:
Form 2 Violence restrainin-i order Part A Violenee restrain inz order
?c vezverieig C) krc AdI l i i . 24, 32 , 43, 49 and VumIr:
Violence iiri;dict ion:
Restraining Order {.peat Ki n:
Per.;[on tieho i.; k mmil name: Date of hinh
txtund by this [ )thcr name;: Order
Home street:
^ddre;;: sl LLrl kx ,tcrlde:
wo l k street:
:,:l:lrc,;: Nuhurh:
k'hame no,: . ork: hilme: Person
F.,miI name: f)ate01 birth
Tvk>< ifoid : l ' II.:::I.I:I 1 11, II,I III„ I.I:I 1 .I .`:I,:II ^^I:I TermNof,hl.
order
I,1I^I I,,;n Ii^I, 11, :iddmwm tothe terms of this order, the court informs VOLt than the following beha v ip{ir and activiti es 1[ IUt ire unlawful: II,In wt1 l Ix haviour Il,d activities lim r:ll I,I:I.I:
ll I lk)ate:
4 May 2012 GOVERNMENT GAZEYFE, WA 1849
Form 2 \V iolence restraining order
Part B In Inrmation to he on the copy of order given to the person who is hound by the order
I MPORTANT INFORMATION
FOR PERSON BOUND BY TLIIS ORDER
II'thc order is far 72 haurs or less
A violence restraining [Irder ha., l tin made again.,t you lirr 72 hour, ur It Oil the terns set out un the ]'rant u]'t111, order. This order came intn force wheii it was s rvedon vou, or at a later time, ifthis is specified on the front of thin
order. Ypu mLLst Co lllltl tiNith this order rultil the end of the duration period set out in the order. Penally: It is an Offence to breach a violence retraining order. If you breach this order you may he arrested and on co ii i^tion will face a penalty of up to $6 000 or imprisonment for 2 years, or both. Ifvou breach the order in the presence ofa child with whom you are in a family and dome st ic relationship (e.g. your child, your partner's child or n child who nrdiimsrily resides with voul the court sentencing vouwil1 ci . Ilrider this sim is gravatin8 factor.
Counsellins, and ttpportt sen ices ms v he of n.ui;tnnce to cnu. I f tlw I1111V1- i5 a[[1 iIItU'1-inl I11YIC'1-
An interim violence re st raining irrder Kati lbeen made again,t you un the ternl.,.,et out un the front ofthis order. I hi,
order came into force when it was' served on OLL. or a later time, ifth is is specified on the front of this order, and it
%Hill remain in force until a final order is made or a court decides not to make a 1i Iml order. You Illrr;t comply with
1111; order at all time; while it is in force.
vile have an opportunity to object to the order Were it becomes a final order. ]]'you want to object to this order being made final you mu st f1 11 in the "Objection" section on the back of the other copy of this order and retrrrll it to the court ti ithin 21 days front the date this order was served on you. The court will
Then arrange a final order hearing at which it titiill consider anything vpu want to say before deciding whether to make
]'final violence restraining order. The court %ill L1 vouknow where and when the final order hearing will be held. copy of this order and return it to the court within 21 days from the date this order was ser ved on you. You will then
]1'vou do not object to this order being made ]'ill:ll Ypu should fill in the "Consent' section on the back of the other
not nee 1 to a ttend a finnl rl yder hearing andthe order will autnlllnti::lll [ come a final order which remains in force fir the period specifie1l in the order, or (a] if no period is specified and you are not a child, for 2 near.;; rlr s hl if no period is specified and you are a child, f'or 6 months, ] 'rf inm the date this interim order was served on ypu.
if ou do nothing s n d do not fill in and return the other copy of this order within 21 days the crlrrrt will some that y[lu do not object and the interim order will automaticaIN become a final order.
PcnaIth: It i; an n37cnce to breach a violence restrnini ns? rl yder.
If Vrur hrci ii this order vpu Inav be arrested and ran
:: mi^li^ i %%ill Ii i n.111 d' tpTO 11110 r inl ri,^mnl^nl ]ir 2 veer,. ^r Ixnh. If the order is a final order
1 ]'final violence re;trainingnrder ha; lxen ' 1 u1 am the ]'rent ofthi,rlyder.
I his order came into force when it was' str y ed on VOLE, or a later tittle, if this is specified (II1111 front of this order. and it will remain in force until it expires or is varied or cancelled by a court. You must c imply with this order it :III tithes while it is in force. ]f there is a duration specified in the order the order expires at the end of the specified period.
]]'there is no duration specifie4l in the order the order expires:• if it was made at a final order hearing and
(a) you are not a ch ild, 2 years; or ib1 you area child, 6 months, 111 r this final order come; into force; or
• fit wa a telephone order titi hick became a final order because you did not object, 3 mrnth,. nr any sho rter period
peciIied in Time order, after Time telephone order was served on you.
I]'. ill the future, you +vomit the order varied or cancelled you may apply to the court. Ifvou titiuLJd like more ill]ilrmation about doing tlli, You shouId consult your la vveror the registrar of the court.
Pena11;: It is an offence to breach a violence restraining order. If you breach this order vnrr nlav be arrested and on
cra m i^tiin wil l face n pcnnity Of up to $6 000 nr impri;nnlnent for 2 ccnr. or tenth.
Additional information aI rut can', ictii}n fi}r Ilreacllin gg the order
Note I: If y&lrl are c mmm1 ictcd t11 ' hreac hi I fig t11i, order, the filet that the II prtmtCUted b the order aided VLlrl 111 the
breach is not a mitigating factor for Time pllr poses of your sentencing (see the I2c.srr immg flrcI .'k! 199 section 61 H(2)]. Note 2: If you are convicted of brenchillg this order and Vnrr have been convicted of at lest 2 other offences under
1fie Ile.rlruining ()tderc Ac •! 1'997 section 61 (1 ) or [2a] \ •ithiIl Time period oft years before your conviction for
lm mcim ing this order, yo u III face a penalty that is or finds ti's im p rismnncul [n I. if gn it a it a r h il(1. Jrtrm inn
Inl .,thecrnlr1 d cider una^r;ectirn nI{6]rl]'1h :\^1 nrt to inllv' .I 91.1 I.n.111
Affidavit evidence m ay be provided on rec ucst
]]'volt, or the Ixr' mm pm m 1 d h 1hl,urder, rcyue;tacup \ ].Im .d;la.nll I ' m\ tit rn eviden._ In relation to this order the regi st rar of the court tiN here the application for the order ova; made is to provide
r1' Time a]']'idn%it T the prmm rim nladcthe rec uc,t.
TIIIS ORDER COMES INTO FORCE IMMEDIATELY IF Yrlll WERE
PRESENT IN C OL.'RT 11IIEN IT WAS MADE
| 1850 | C.OVER.NNIENT GAZE'1 PL. WA | 4 May 2012 |
Form 2 \•V iolence restraining order
Part C inlnrniation to he on the respondent's endorsed copy of the order
I MPORTANT INFORMATION
FOR FIIE PERSON WHO IS BOUND] BY TIIIS ORDER
For interim orders only
If VO LT object to this interim order hcin, made lima] NOLL must fl]] in the ..Ohjcction" section be]ow and rctum this copy of the order to the court within 21 da ys of the date it was served on you.
I f you do not object to this order being made final you must fl]] in the
"Consent" section hc]ow and return this copy of the order to the court within nr(Ier to the c o urt within 21 days this interim ardor will .LUtamxticxllN ktecame x final order.
21 days of the date it was Served on you.O1 j 'cLion
[11111'] E i t] ini]]^ ()]der No.: (,it H ISSL,I':
IL1l]IIE\ na]] .: Datenfhirth: [hhcr names:
.• ddre^s: street:
^uhurh: postcode:
\l ill \CiL, be rcpresc1itcd H a l aw er it the 11nal Order hearing' q Yes q No y es:
]
La ►► ver's nalnc: Law°ve(s fine:
I I( M ]]]ill]. \% tt]ICSSe5 (i]]CI Li d i]] 2 [+L,] I) do \ [+L, ill tL]]d 1
Does this interim order prcv'c you from
• going to where you rtorinall y live? q Yes q No having contact with your chiIdren? q Yes q No •
• going to where you work or otherwise prevent you from doing
your job? q Yes q No being in possession of a firear m hich is essential for our job?
• q Yes q No Signature: I )ate:
I] :I
Comet[
[11111] ( )m der NC B .: ( iL,Il iI ISSL,I':
I a]]]il. ]Ionic: Date of1)i Ih: (hhcr names:
1ddress: street:
^u lash: postcode:
I do notob cct to a I'mai order being ]n ad c' on the same terms as this interim order. understand that this interim order ►e ill autc±maticall y become a final order vv ]Iich n ill stay in force 1i?r the period specified in the order. or
(a) i1 no period is specified and I am not a child. Co. r 2 years. or (b) if nn period is specTed and I am a child. for 6 months. from the date nn hich this illtcriln miler was served on ]nL'. i nature: Date:
Form 2 \ iolcnee restrainin^z order
Part D In Inrmation to he on the copy of the order given to the person
protected by the order
101 a] 9MKI012101to].] ►7LIN[I]'I
FOR TIIE PERSON PROTECTED BY THIS ORDER
II' the order is for 72 hours or less
order. This order will come into force when it is ser ved on the person who is bound by this order, or at a Iater ti me, if A violence restraining order ha., Ixrn made to ttr:itc t Vi tt ]ur 72 hour, ar Ic,,, un iIi terms set out on the front of thi. This is specifie11 on the front of this order. The person who is bound by this order m Lt camply titi ith this order iu,til
the end of the duration period set out in the order.
Penaltv : It is an offence to breach a violence restraining order. Ifthe person bound by this order breaches this orderhe or she may be arre st ed and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.
4 May 2012 GOVERNMENT GAZEYFE, WA 1851 If the order is an interim nrth r
All n1I_iwi I IIeI1cc I "lrainingorder has been Ill:l:l_ n I:n 1 11 VULL X11 III_ I_IIII „_I:Ita on the ]'rontn]'1Iii;ordni This order titii II conic into force when it is served oll the person hound by this order, or at a Inter time, i]'lflis is
,Ixxificxi rill the front of this order, and it ti%III remain ill force untiI n ]iii I order is made or a court decides not to lulke a final order. The person who is NILLind by this order mLtstcOliiplv titi ith this order at all times while it is in fhrce. The person who is hotLnd b this order has 21 days %%iT[Iin which to object to the order before it becomes a final order. lithe person who is bound by this order does objectvou titii II Ilce1 to attend a final order hearing. At th:ll Hearing the court will consider anything you and the person who is bet nd by this order want to say before deciding tie het her to make a final restraining order. The court will let you know ifa filial order hearing is to be held and where and when
ynII herd to attend. Fen ifthe person who is bound to this order does object, this interim order will remain ill force LultiI the final order hearing.
]]'the person who is hound to this order does not object this order titiill :IIirematical1v become a final order which
I^Illains in force for the period specified in the order, or
ia) if no period is specified and the person hound b the order is not a child, for 2 years; or
!b1
from the date this interim order ws served on the person hound by this order. You ++ ill Men not need to attend a fin:ll
order hearing.if no period is specifiexl and the person hound to the order is a child, for 6 month;, PenaIt: It is an offence to breach a violence restraining order. I f the person who is beund by th is order breaches this ^ider he or she may be arre sted and on conviction will face a Ix ilaltv of upto$6 000 or imprisonnlent for 2 years, or
141 I1.
IIl ^llina and I hllN I h1 'erg ic” nla v heiII'1 i.lanc2 hi %au If the order is a fiii iI order
A final violence rest T iningorder has been made to protect ypu on the terms set put on the front of this order.
l his order will conic into force when it is served on the person who is bound to this order, or at a later time, ifthis i;
,Ixxcified on the front of'this order, and it will remain in force Lintil it expires or is varied or cancelled to a court. The
Ix Tson who is bound by this order mLt t comply with this order nT all times while it is in force.
]]'there is a duration specified ill the order the order e\pires at the eiid of the specified period.]]'there is no duration specii d ill the order the order expires:
• if it was made at a final order hearing and
(a) you are not A child, 2 Vears; or (hI nfler this final order conies into force; or
you are achilx, f] months,
• fit was a telephone order which became a final order becx Lne the person who is txxmd b y the order did not object, 3 months (or any shorter time specified in the order) after the telephone order was ser ved on the person
who is bound by the order. If', in the future, you want the order varied or cancelled ypu may apply to the coup. The person who is hound to this order may also apply to have the ordervarie11 or cancelled. If you wpuld like more information ahout doing this you ,h^IILId consult your lawyer or the regi st rar of the cn<<rt.
Peaaltv: It is an offence to breach a violence restraiii ii; order. ]]'the person who is bound by this order breaches this
Order he or she may be arrested and on conviction will face a penalt y000 or imprisonlllent for 2 VeR s, or of up to. both.
^ iiilII I10 111 till )pii n Scr%lc iI m% he of as Ni 5:l l lip tii li'111. .4dditianal informtian'1flhaut hrMchin « the order
Note I: ]1'the per on lxlun,1 In thi., urder breaches it and you aid the peaun in that breach, you tieiII not ulnlnli1 an offence heweverthe court IIIL_g[It decide to vary or cancel the order (seethe lee.v)-eua ni 0)ZIerc Acr 1191
sect ion 61 R(3) an d (4 ) ]•
Note 2: If the person who is txxmd by this order is convicted of breacFi ng the order :n id the person has lxrn convicted of at least 2 other offences under the 1?e.sirurirrng (lirlerr Aei 144: section 61( I) or (2a) within the period of 2 yea rs before the conviction for breaching this order, the person will face a penalty that is or includes iniprisonllletIt (or, if the person is a child, detention j ItnlC'ss the court decides under section 61(6) of the Act not tonl) i ;c ,Il.h 1 Ixnaln.
Ai1«I^f.it (%i(I(n« m.f) 1W rrCI%i(I((I stn I (LI(St
Hf you, or the f><r;«n lxlund by thi., order, reclue.,t a copy oi'any a]']'ida it recei%cii in evidence in relation to this order the registrar of the court here the nppIi::Minn ]i i r the order «:I: Ill:lde is to p rm ide al cip%
rl1'the n]']'ida it Ti i the rsoiI hhi mode 1h rLi I1 .I
11115 ORDER COMES INTO FORCE 1MMMEDIA 1 ELI IF t H E. PLRSON Who IS HOUND BY IH E, ORDER WAS PIUSENT IN COURT WHEN IT WAS MADE (3} In Schedule I Form 3 Part A delete ^^Signature^ ^
| 1852 | C.OVER.NMENT GAZE PL. WA | 4 May 2012 |
(4) Delete Schedule I Form 3 Parts B and C and insert:
Form 3 — Section 63A violence restraining order
Part B — In Inrmation to he on the copy ol'thc order given to the person who
i5 hound b y the order
I MPORTANT INFORMATION
FOR THE PERSON WHO IS BOUND BY TI S ORDER
I Section (3A violence I strxiniii order A violencc restraining e rdcr has been made against you ui:dcr section (3A of the
Re straining Orders :4cr 1997. The order is in the terms set out on the front of this order.
I his order carne into force when it as served on n ou. or at a later time. if th is is specified in the front ofthis order. You mist comp k with this order for the rest of n our life. l'ciialty: It is an offence to breach a violence restraining order. If you breach this order
n c±u may he arrested and on conviction will face a penalty of up to $6 000 or imprisonment
fl r 2 years. or both. I c±u breach the order in the presence of a chill n i ith nn hom n nu are in
a family and domestic relationship (eg. your chi Id. ,our partner's chill or a chill n ihn
ordinarily resides nn ith you) the court sentencing you nn ill consider this an aggravating,lac tar.
\ote l: If you are convicted of breaching this order. the fact that the person protected by
the order aided you in the breach is not a mitigating factor for the purposes of oursentencing (see the Resn-airing Orders Act 1997 section 61 B(2)).
Note 2: 1 f you are convicted o f breaching this order and you have been convicted of at
the period of 2 years before your conviction for breaching this order. }ou ki iII face a I cast 2 ther offences under the Restraining Orders :4cr 1997 section 61(11 or (2a) nn ithin penalty that is or includes imprisonment [or. if rou are a c li ild. dcicnlion) unless tile
^nLnt dec ides Linder section 61 (6) of the Act not to impose such a penalty.( C Llllt<IIill 1, kind 4Llpport Scr y ccS ]]]^i n he o assistance to n (+LU. I HIS ORDER COMES I N I q FORCE IMMEDIATEL% IF I HE PLRSON \\I1 () 15
BOUND Bl IH E. ORDLit \VAS PitESEi3 1 I` COURI WHEN IT WAS MAD E.
Form 3 — Section 63A violence restraining order
Part C inlnrmation to be on the copy of the order zivcn to the person
protected by the order
I MPORTANT INFORMATION
FOR THE PERSON WHO IS PROTECTED BY THIS ORDER
I Section 63.4 violence restr.Iinin 5 order • 1 s• iolcncc restraining order has been made to protect you undLr section 0 i.\ ofthc
Rc srrninirag Orders :4cr 1997. The order is in the terms set out cn the front of this order. This order camne into force when it was served on the person nn ho is hound by the order. or at a later time i1 this is specified on the front of this order. The person n % ho is hound h,, this order must con1ply with this order for the rest of his or her life.
I'ciialty: It is an offence to breach a violence restraining order. If the person nn ho is hound hn this order breaches this order lie or she ma y he arrested and on conviction nn ill face a penalty amp to S6 000 or imprisonment for 2 years. or both.
dote I: lithe persc mi hound h this order breaches it and you aid the person in that breach.
n ou nn ill not commit an ollence however the court might decide to vary or cancel the order
( See the Rcsirraii ing Orders Act 1997 section 61 B(3) and (4)).
Note 2: if the person nn ho is ho and by this order is convicted of breaching this order and the person has been con victed of at least 2 other offences under the Restraining Orders :Ict 1997 section 61(1) or (2a) nn ilhin the period of 2 years hcli)rc the conviction for
breaching this order. the person n % ill face a penalty that is or includes imprisonment (or. if the person is a child. detention) Lmlcss the CO Li lt decides under section 61 (6) of the Act not to impose such a penalty.
('nun^rllin, Lind support services ma n he of assistance to n nu.
I HIS ORDER COMES I N I q FORCE IMMEDIATEL% IF I HE PLRSON \\I1() 15
BOUND 131 I HE ORDER 1 AS PHESE'3 1 I N COURT WHEN IT WAS MADE
4 May 2012 GOVERNMENT GAZE'1°PE, WA 1853
(5) In Schedule I Form 4 delete "Signature of registrar: " (each occurrence) and insert: Registrar: (6) In Schedule I Form 5 Part A delete "Signature'. (7) Delete Schedule I Form 5 Parts B and C and insert: Form 5 — Misconduct restrainin , order
Part B — In Inrmation to he on the copy oI'the order given to the person who
i s hound by the order
I MPORTANT INFORMATION
FOR TIIE PERSON Wh O IS BOUND] BY TI11S ORDER
\ilisconiluct Restrainin g Order
• A misconduct retraining order Iii. been made iii t yrur i ii li :^rm
: u: i n ilia front ofth is order. This order
comes into force when it was se r,,edon you, or at a Iater tinic, ii't[I i n:he front ofthis order, and it wiII remain in force untiI it expires or is varied orcanceIIed by a court. You mL1stcoIh1Iv with this order at all times while
it i; in force•
if there is a duration specified in ihe order the order expires at the end of the specified period.
if there is noduration specified in the order the order expires 12 months after it comes into force.1]', in the future, You want the order varied or cancelled you may apply to the court. The person who is bound by th is
order may also apply to have the order varied or cancelled. If you wnttld li ke more information about doing this you
sh ould consult your lawyer or the regi st rar of the court.
Penalty: It is an offence to breach a misconduct restraining o rder, If you breach this order you may be arrested and in convict ion will face a penalty of up to S 1 000. Note: If you are convicted of breaching this order, the fact that the person protected by the order aided you in ilia
breach is not a mitigating factor for the purposes of your sentencing (see the )?e.rrrerriring flyderr . Ac•r 1'997 ;cct io n 61 R(? i i. Cn un, l I • nr? and ,u t xirt sery i . ma v be of assista net to vou. Affidavit evidence ma y he provided on request
1]' ou, nr the person protected [ v :hi; order, ralu"i a pv idam al'l da%it recei%cd in evidence in relation Ti this order the regist rar of the court where the application for the orderwas made is to prop ide a copy of the affidavit to the person
Ito made the rcti uc,t.
THIS ORDER COMES INTO FORCE IMMEDIATELY I F TEIE PERSON 11190 IS BOUND BY TilE ORDER WAS PRESENT IN COURT WHEN IT
WAS %1A[]F
Form 5 — Miticonduct restrainiti order
Part C Inlnrmation to he on the copy ol'the order given to the person protected by the order
I MPORTANT INFORMATION
FOR T1lE PERSON PROTECTED BY THE ORDER
Misinnri Iuct Restrainin g (')rcicr
:\ IiH ' ndua ic,,r.uningorderhas been mad_ io la nett vittiii ih^ 'rm„ _ i w on iFi e front of hi,urder. Thi nd_i comes into force when it is served on the persrin ti% ho is txxmd by this order, or at :i Inter ti me, if this is specified on the front of this order, and it wl I remain in force; until it expires or is varied or cancelled by a court. The person who
i, Ixiund [ v this order must eompl %%ith this order at all times while it is in force.11'there is a duration specified in ilie order the order expires at the end of the specified period.
11'there is noduration specified in the order the order expires 12 months after it comes into force.
]1', in the future, you want the order varied or cancelled y ou may apply to the court. The person who is bound by this order may also apply to have the order varied or cancelled. Ifyou wouId like more infomiation abetLt doingthis you N1I^II Id consult your lawyer or the regi st rar of the court.
Pena Ili: It is an offence to breach a m isconduct re st raining order. If the person bet nd tn- this order breaches this
order he or she may he arrested and on conviction will face a penalty of up to S 1 000.Note: If the person b[xmd my this order breaches it and you aid the person in that breach, you will not commit an
offence however the court might decide to vary or cancel the order (set the 1?eciralninn flyderr Aei 1997
section 61 R[3] and (4)),
Ciiiiilliiis) mid . i i l t l x i rt ;cry ices m:i he of as;i;tm i, t^ i : i n. Affidavit evidence ma kte }ra% • iclecl an rec test
11 .ru, ur the perwn l\iund by thi, ardor, reque.,t a cup y s U in e+iden.e in relation to this order o anv ei f ulrlvit rec i
:tic registrnrofthe court whereIhe gpplicqti: i n I irtheorder was merle istn prm ide i ccpv if the gJ']id:i%it try the Ixrr.n
lug mode the reijLLT
I HIS ORDER COMES I\ 10 I'OR['E IMNILDI. I LL II' I HE PLRSU1 WHO I5
BOUND BY '1 H E ORDER WAS PRESENT IN COURI WHEN 1T WAS MADE
| 1854 | C.OVER.NMENT GAZE'1 PE. NVA | 4 May 2012 |
(8) Delete Schedule I Form 6 Parts C, D and E and insert:
Form 6 — Telephone order
Part C — In Inrmation to he on the copy of the order to he ,ivcn to the person
who i 5 hound by the order
I MPORTANT INFORMATION
FOR PERSON WHO IS BOUND BY THIS ORDER
If the order is for 72 hours or less
1 %inl:ncc restraining order has hccn inade a21inSt n nu or 72 hc±urs c±r less nn the terns
set nut nn the front of this order. This order came into force when it was served on n ou. or at a later time, if this is specified on the front of this order. Ynu must cn1npk ith this
order until the end of the duration period set out in the order.
s nu may he arrested and on conviction EE lace a penalty of up to $6 000 or imprisonment Penalty: It is an offence to breach a vialcncc restraining order. Ifyou breach this order hr 2 years. or both. I ou breach the order in the presence of a child with hom ,ou are in
a fainih and domestic relation ship (eg. your child, your partner's child or a child who
ardiitarily resides wi#It gnu) the court sentencing you vv ill consider this an aggravating
lac tor.C'csunse[[ing and support services ma y he c+f assiStancc to s 011. if the order is an interim order
•1n interim %inlance restrainin, order has been made against n c±u ern the terms set nut c n• the front n f this order. ]his order carne into force when it was served on n 0 U. or a later ti me. if this is specified on the front of this order. and it will remain in li?rcC until a That order is made or a court decides not to make a final order. You must cornpl! % ith this
order at al I times h ilc it is in force.
You have an opportunit,, to object to the order before it becomes a 1Thal order.If n ou want to object to this order being made final 11 0U must 1111 in the "Ohjectiorf' section
in the back of the other copy of this order and return it to the court within 21 days from the
date this order was served on n ou. The court will then arrange a final order hearing athick it ill consider an ything,, ou want to say before deciding hether to make a final ioIcnce restraining order. The court v II lot YOU know where and %hen the final order hearing vv ill be held.
If you do not abject to this order being made final you shCIUId 1111 in the "Consent' section (In the hack of the other copy of this order and return it to the court within 21 days from the date this order was served on ,ou. You will then not need to attend a final order hearing
and the order will automatically became a 11nal order which remains in force for the periodspecified in the order. or
(a) if no period is specified and n 0u are not a child. for 2 tears. or (b) if no period is specified and , ou are a child. li:r 6 months. lrrnn the date this interim order was served on vol].
If you do nothing and do not till in and return the other copy of this order ithin 21 days become a final order. the court % ill assume that . nu dc± not object and the interim order will automatically
s nu may he arrested and on conviction ill face a penalt,, of up to $6 000 or imprisonment Penalty: It is an offence to breach a vinlcncc restraining order. Ifynu breach this order for 2 y ears. or both. .kdditional inliirmatiun rhaut cant/ ictian liir Itreac11iI1g the ureter
II you are convicted of breach ng Uiis order. the lace that the person protected hr the order aided you in the breach is not a mitigating factor for the purposes 01\ our sentencing (see
the Res• frrrrinrin u Ordc rs : t ct 144' section 61 [(2)).
.kIIicI it eV iclence mJN 1 w i rikkcl an rec uest
II n nu. nr the person protected h n this order request a cops Han afllda y it received in cs idencc in rckatinn to this order the registrar of the court here the application for the (rdcr vas made k t pros•idc a ccsln of the afl -idav it to the person who made the request.
4 May 2012 GOVERNMENT GAZEYPE, WA 1855
Form 6 Telephone order Part D - inlbrmation to he on the respondent's endorsed copy
I MPORTANT INFORMATION
FOR THE PERSON WHO IS BOUND BY TIIIS ORDER
For interim orders on
If you object to this interim order heinn made Ilia] \0LL nlList I]]] in the "Ohjcction" section he]ow and rctum this copy ol'the order to the courtwithin 21 da ys oI'the date it was served on you.
"Consent" section below and return this copy oI' the order to the court within
21 days of the date it was served on you.ll'you do not object to this order being made 11na] you IIILht I]]] in the order to the court within 21 clays this interim order ill xutanlxticxll ►
become x final order.
( }h cc ion
[ ]rLirr Etc^trainin ()]der No.: C urt of I u:
l-amil n name: Date of birth: ()l]]l'] ]]:i]]]e5: : i{ d ] l•• ^: street:
'L, 11L,rh: postcL dc:
\\ ill \ C+L, be represented k Li lawyer Lit the Il]]:il L rder heLari]] g" q Yes q IBC+
I I ' es:
La ►► ver's name: Lawyer's firm:
I I( r]]am [ ilrlr.^r I ir]rludin \ LLrr^cIC) do nu illtcr]d to calf's I.)ees this interim order prevent youfrom
going to where you normall y live? q Yes • q No
having contact with your children? q Yes q No •
• going to where you work or otherwise prevent you Born doing
your job? q Yes q No being in possession of a firearm \^hicIt is essential Iar your oh? q Yes q No • tii natLire: Bate: OR
Consent
[ ]]dC] E rtrainin 2 ()]der Nn.: (Lull L I I ur:
Ia]]1 name: Date of birth: [ hhrr names:
• 1ddres^: street:
^L, burl): posteL dc:
I do not object to a final order being m ade on the same terms as this interim order. understand that this interim order ►► ill automatically become a final order \^hich will stay
ill Force for the period specified in the order. or
(a) if no period is specified and I am not a child. Inr 2 years: or [h1
if no period is speciI ed and I am a chi Id. liar 6 m ou ths.
&L mml the date on hich this interim Lid L] as served Ott me.
Sig]]ature: Date:
Form 6 Telephone order
Part E In Inrmation to he on the copy ol'the order given to the person protected by the order
I MPORTANT INFORMATION
FOR PERSON PROTECTED BY THIS ORDER
I If the order is fi}r 72 hours or less A violence restraining order has been made to protect you lbi 72 hL LJm s or less on the terms set out on the front of this order. This order will come into force ► hen it is served on the persnn ho is I)OUnd h n this order, or at a later time. if this is specified on the front of this order. The person \rho is bound by this order must cnn]ply with this order until the end of the duration period set nut in the order.
| 1856 | C.OVER.NMENT GAZE'1 PE. WA | 4 May 2012 |
I'enall y : It is an offence to breach a violence restraining order. If the person hound by this order breaches this order he or she may he arrested and on conviction Lei[[ face a pcna[ t . of ul} t0 $6 O() or imprisonment for 2 ,cars. nr loth.
1I'Ihe arcler is an interim arcler
1n intrri,n %ioIcnce restraining order has hcci) made to } )] U 1 u nn the terms set nut nn the front of thisorder. l }pis order ill come into lorce hen it is served o]] the person
Im und hn this order, or at a later time. iI'this is specified an the front of this order. and it
k%i!! remain ill force until a hna[ order is made or a court decides m t to make a Final order.
I he person ho is hound h n this order must cnrnpl. % ith this order at all times wh He it is
in force.
The person ho is hound by this order has 21 days m, ith in hich to object to the order
before it becomes a final order.
lithe person ho is hound by this order does object you will need to attend a final order
hearing. At that hearing the court \^ ill consider an n thing ,ou and the person \rho is hound
hn this order want to say before deciding whether to make a final restraining order. The
curt will let you know if a final order hearing is to he held and here and hcn you need
to attend. Even if the person v^ho is hound h. this order does object. this interim order %ill
remain in force until the final order hearing.
f the person who is hound by this order does not object this order will automaticallybecome a final order hiclt remains in force for the period specified in the order. or —
(a) i1 no period is specified and the person hound h n the order is not a chill- hr
2 ears: or .
(h) if no period is specified and the person bound h. the order is a child. Car 6 rnonth^-
on
then not need to attend a That order hearing.
Iroin the date this interim order was served the person hound by this order. Ynu % ill h. this order breaches this order he or she ma y he arrested and on conviction will face a penalty of up to S6 000 or iinprisommetit for 2 years. nr hnth.
C [+LinsO[Iill 1, killd SUI))(^rt scr%ices ma hC oI assistancc to iii.
Additional in rm.rtion about breachin g the nreler
lithe perscm b ,und h" this c+ri]cr breaches it and 11 c±u ail] the persnn in that hrcach. 11 c±u % ill
not commit an offence however the court i night decide to vary or cancel the order (see the
Rcswai)ri)rs; 0)-&,)•s:kr / !i - =crtion 6113[;1 and (4)1.
Affidav it evidence ma y he provided on request
I No u. c±r tlic person hound I}s this order, req Li cst a cop y o f an y affidavit recc k ed in
evidence in relation to this order the registrar of the court \here the application Ior the
11 dcr as made is t ]ern%ide a co pn oI'the afllda%it to the person %ho made the requ t. •
(9) In Schedule I Form 8 Fait A delete "signature of registrar:" and insert: Registrar:
(10) In Schedule I Form 9 Part A delete "Sign,t<<re of registrar:" and insert: Registrar. (11) Delete Schedule I Form 10 and insert:
Form 10 Police order
Part A — Police order
Re l^ii Ad IW' Pan 2 Division 3A Police Order
k'cr5on uhu i, i anHI% name: Dateorbinh hound b this [ )ther names: order
Home street:
address: s b rb: postcode:
Work street:
nddress: ; th irl x t dc:
E Ii m. nc s.: %: ik h^ m^ nud•il^ 4 May 2012 GOVERNMENT GAZEYFE, WA 1857
Perini F• amiI name: [)ate of birth:
pri accred Other na ms: Term,ul'1he order Order made
(late order made: 1 11 nie order made:
[)rdcrc Aires This order ti% ill c\pirc.0 n. M. p.m. ran 111c day i
I Notc1h.ltthisaird^r^ann i r main in 1orceforaperiod I nn er111an 72 I1 i ur,a]ler i1 has ken;erved.I
1 „uins, p II I I_Ii1I1\IIi inli r mair n officer Si IUt[ire:
Form 1 0 Police order
Part B Inli)rmation to he on the rooIol'service con
Certificate of Service
in ti_i %mil V:, n,^:
j Person 'I is [ at of hi n 11
bo un d by the
o .dcr] Signntiirc: [ k 1ails:i1
k'I xC%%I1^riid i
Ser,,ice 1 i mp i1
officer Na nlc ana hill Y ideii t i i_V l ng i n iii r n 1.11 ii in ,crvicing order I certify that on the day and at the time and place set out above:
q I personally served this order on the person hound by this order. Cl I gave the explanation required by the ke.siruininn ()! Ierc Acr 1997 section 30F(3)to the person
bound to this order and the hers i n protected by this order.Signanire: [ )ate: ISSUING POLICE OFFICER
I MPORTANT INFORMATION: ORDERS AGAINST CIIILDREN
hntc that the Rcslruing Orders .-Per 1997 sccIin] (ll3 reads as l'oIIc+\^s:
30D. Police orders against children
(1) A police order cannot impose restraints on a child unless the child is in a
fainik and domestic relationship vv ith the person hr hose benefit the order
is made.(2) A police officer must not make a police order against a chi Id that in fight
affect the care and cllhcing of the child unless the police officer is satisfied
that appropriate arrangements have been made for the care and \^cllheing ofthe child.
| 1858 | C.OVER.NMENT GAZL'1 PL. WA | 4 Max 2012 |
Form 10 Police order
Part C In Inrmation to he on the copy of order given to the hcrson hound
by a po] ice order
PERSON BOUND BY THIS ORDER
I MPORTANT I NFORMATION
1 his is a police order \\hich has hccn made 1L' 1 in5t s nu.
In this police order you are referred to as the person %ho is hc±und 1 this order.
This police order cane into force when it was served on . ou.You must comply with the terms of this order until it c\pires.
I he date and time of c-,pir. are written on the front of this order.
The terms of this po Iice order are written on the front of this order. You should read the terms carefully so that n 0U are aware a f the restraints that have been unposed on , ou
this means tit at you arc not to do certain things.
This poE ice order has been issued to
• ensure that a person is protected from acts of family and domestic vi01ertce:
• prevent behaviour that could reasonably he expected to cause fear tit at a person will
have committed against them an act of fainil. and domestic vi o lence; or
• ensure that children are not exposed to acts of domestic violence.
l l eriall.}: It is an offence to breach a police order. If you breach this order you may he
irrestcd and on conviction II lace a penalty of up to $6 000 or imprisonment fl r 2 years. or bath. ll.ou breach the order in the presence of a child \\ ith \11om . ou are in a family
and domestic relationship (eg. \ our child, your partner's child or a child ho ordinarily
resides th n 0L 1 the co Li lt sentencing you ill consider th is an aggravating factor. Note I: I lyou are convicted of breaching tit is order, the fact that the person protected by the order aided you in the breach is not a mitigating factor for the purposes of your sentencing (see the Restraining Orders .1c 1997 sectic±rn 6113(2 i 1.
Note 2: Ilvou are convicted of hrcaching tit is order and you have been convicted of at Icast 2 other offences under the Restraining Orders Act 1997 section 61(1) or (2a) itII in the period of 2 years before your conviction for breaching this order. you Fill lace a penalty that is or includes imprisonmen( (or. if you are a child, dcicnliori) unless the court decides under section 61(6) of the Act not to impose such a penalty.
( ouitseIIiitg and support services may he of assistance to you.
Form 10 — Po]iee order
Part 1) — In Inrmation to he on the eop} of a police order given to a person
protected by a police order
I MPORTANT INFORMATION
FOR PERSON PROTECTED BY .A POLICE ORDER
l his is a ix lice order \\hick has been nude for \c±un c^ncflt.
In this police order you are referred to as the person protected. I his pot ice order came into force when it was served on the person vv ho is hound h\ the
The person lx and by this order must comply with the terms of this order until it expires.
The date and time of expiry are written on the front of this order.order. terms carefully so that . ou are aware of the restraints that have been imposed to protect you. I his police order has been issued to
• ensure that a person is protected from acts of family and domestic violence: • prevent behaviour that could reasonably he expected to cause fear that a person \i i II
have committed against them an act of family and domestic violence; or
• ensure that children are not exposed to acts of domestic violence.
I he person hound h\ this order commits an offence if lie or she fails to comply with this order.
Z OU ]]]List not
• imivtte or encourage the person h umid hs this order to breach this order: or • by your actions cause the person hound h n this order to breach the order.
I l enalty: It is an offence to breach a police order. If the person h umid by this order breaches this order he or she may he arrested and on cnrtvictinrt ill lace a pen alt. of up to
$6 000 or imprisonment Inn 2 n cars or both.
4 May 2012 GOVERNMENT GAZEYFE, WA 1859 `ole I: lithe person bound by this order breaches it and you aid the person in that breach.
n ou m, ill not commit an Offence however the court might decide to var,, or cancel the order
(see the Restraining Orders Act 1997 section 6113(3) and (4)J.
Note 2: If the person who is hound by this order is convicted of breaching this order and the person has been convicted of at [cast 2 other offences under the Resfmitnit s; Orders :let 1997 section 61(1 1 or (2a) nn ithin the period of 2 years before the conviction for breaching this order. the person n % ill face a penalty that is or includes imprisonment (or. if the person is a child. detention) unless the court decides under section 61 (6) of the Act not to impose such a penalty.
CounscIIing and support services ma y he of assistance to you.
(12) In Schedule 1 Form 12 Part A delete 44 Sign attireofregi st rar: (each occurrence) and insert: Registrar:
(13) In Schedule I Form 1 3 Part A delete Signatureofregistrar: " and insert: Registrar: (14) After Schedule I Form 13 insert: Form 14A — Application to have fin a] order under section 32(2) of
[hr Act sct tKidc
HrVr+rri in,r r lido e c Ad 1997 s. '--f
Application to set aside final ""'I order under the Restraining
IIII Lt inn: Orders Act 1997 sec tion 32(2) Location:
Applicant , Van1c: [)11 01 birth: deta i I; .1ddresss:
I'1 wmi 11^I, II k 11 iii: II1^II%I
ReSpondenl , Van1e:
details I kiniIs qIJ Ii i mI ordci This applicffilon IS Blade //1111111 21 : Ia y s f'ron1111^ dal
[1.11e or , 1Iia1 J \ 1ti notified 111 I1 111 I111^riiii order h.iJ i 4 t 4>Iicatiii
^ become a final order. 1 This application is not made within 21 days from the date that 1 stirs notified that the interim order
hod heeonlc q fiimI order.
•A[)[)Ii.:lti:in 1 apply for the liillotieing order;
q Leave be granted to proceed ti%ith this application out of tinit. 1 The final order be set aside. (^ru<<nd., liar 1 rely on the following gro[lnds in ;[ippn rt of this nit[)Iication. ,q pp I icgtii ^n
( 0tLtI ine grotLnds, if insti ficient space plea attach f Lrther in for mat ion.
| 1860 | C.OVERNMEYF GAZETTE. WA | 4 Max 2012 |
Sis^nat ire of appIicant and d.,tc
Notice i1 { ttrt: art n I! Ii \aar ;;: By Command of the Governor,
N. HAGLEY, Clerk of the Executive Council.
LOCAL GOVERNMENT
1.G3oi:y
HEALTH ACT 1911
I. 00At. GOVERNMENT ACT 1995
Shire of Kaiainunda
HEALTH AMENDMENT LOCAL LAw 2012
Under the powers conferred by the Health Act 1911, the Local Govermnent Act 1995 and under all other powers enabling it, the Council of the Shire of Kalan,unda resolved on 19 March 2012 to make the following local law.
1. Citation
This local law may be cited as the Shire of Kakainunda Health Amendment Local
Lau: 2012,
2. Commencement
This local law will come into operation on the day in which it is published in the
Govermnent Gazette. 3. Principal Local Law principal local law is amended.
In this local law the Shire of Kalanuanda Health Local Lou) 2011, published in the
4. Clause 4.4 replacedDelete clause 4.4 and insert-
4.4 Occupier obligations
(1) The occupier of a building site shall
(a)
at all times ensure the provisions of containers or enclosures approved by the Manager Health Service for the deposit of trade and other refuse whether of light or heavy bulk, on the building site; and
(b)
on completion of construction, structural alteration, demolition or erection on the building site, clear the same of all refuse.
(2) Refuse referred to in subclause (1) is to be disposed of at a Department of
Environment and Conservation licensed facility.
5. Clause 5.7 amended
In clause 5. i (b)(i) delete "or /and" and insert "and".
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0
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