Restraining Orders Amendment Regulations 2017 (WA)

1164 GOVERNMENT GAZETTE, WA 7 February 2017

JU301

Restraining Orders Act 1997

Restraining Orders Amendment

Regulations 2017

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Restraining Orders Amendment
Regulations 2017.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	regulation 17 — on the day after that day;
(c)	the rest of the regulations — on the day on which the Restraining Orders and Related Legislation Amendment (Family Violence) Act 2016 section 14 comes into operation.

3.            Regulations amended

These regulations amend the Restraining Orders Regulations 1997.
4.	Regulation 2A amended In regulation 2A delete the definition of approved.
5.	Regulation 3 amended In regulation 3(3) delete "prescribed form" and insert:

Delete regulation 6B(3).

form in Schedule 1

6. Regulation 6 deleted
Delete regulation 6.

7.            Regulation 6A amended

Delete regulation 6A(1).

8.            Regulation 6B amended

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9.            Regulation 6D amended

In regulation 6D delete "is to certify that this was so, in the form approved." and insert:

must, in accordance with any applicable rules of court, certify
that this was done.

10.          Regulation 8 amended

In regulation 8(2)(a) delete "proceedings in the form of
Form 11; and" and insert:

proceedings: and

11. Regulation 9 amended
In regulation 9(2) delete "in the form of Form 11'S and insert:

and

12.          Regulation 9A amended

(1)	Delete regulation 9A(3) and insert:
(3) The application is to specify the previous attempts to serve the restraining order, including any incidents of deliberate avoidance.
(2)	In regulation 9A(4) delete "an approved form." and insert:
accordance with any applicable rules of court.

13.          Regulation 10A amended

In regulation 1OA(5) delete "a violence restraining order' and insert:

an FVRO or VW

14.          Regulation 12 amended

In regulation 12 delete 1s to be made in the form of the Form
12 and".

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15.          Regulation 13 amended

In regulation 13:

(a)	delete "section 13(5)" and insert: sections 1OG(5) and 13(5)
(b)	delete "a violence restraining order" and insert:

an FVRO orVRO

Note: The heading to amended regulation 13 is to read:

Property that may be recovered when FVRO or VRO made
(Acts. 1OG(5)or 13(5))

16.          Regulation 14 amended

(1) In regulation 14(1):

(a)	delete "section 13(5)(b)" and insert: section 1OG(5)(b) or 13(5)(b)
(b)	delete "a violence restraining order" and insert:

an FVRO or VRO

(2) In regulation 14(4) delete "violence restraining order," and

insert:

FVRO orVRO,

Note: The heading to amended regulation 14 is to read:

Procedures for recovering property under terms of FVRO or VRO

(Acts. 1OG(5)(b) or 13(5)(b))

17.          Regulation 14A inserted

After regulation 14 insert:

14A.	Prescribed persons for disclosure of information (s. 70(1A))
For the purposes of section 70(1A) of the Act, the following persons are prescribed -

(a)	the Commissioner of Police;
(b)	a member of staff of the ACC as defined in the Australian Crime Commission Act 2002 (Commonwealth).

Note for this regulation: the ACC or Australian Crime Commission established by the Australian Crime Commission Act 2002

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(Commonwealth) is, pursuant to the Australian Crime Commission Regulations 2002 regulation 3A, known as the Australian Criminal Intelligence Commission.

18.          Regulation 15 amended

In regulation 15:

(a) delete "a violence restraining order," and insert:

an FVRO or VRO,

(b) in paragraph (a)(ii) delete "violence restraining order; or" and insert:

FVRO or VRO; or

(c) in paragraph (a)(iii) delete "violence restraining order;" and insert:

FVRO or VRO;

(d) in paragraphs (b) and (c) delete "violence restraining order" and insert:

FVRO or VRO

(e) in paragraph (d) delete "violence restraining order;" and insert:

FVRO or VRO;

(1) in paragraphs (e)(i) and (0 delete "violence restraining	order" and insert:
FVRO orVRO

19.          Schedule I amended

(1)	In Schedule 1 delete the Table of forms and Forms 1, 2, 3, 4, 5, 6,7,8,9, 11, 12, 13, 14A and 14.
(2)	In Schedule 1 Form 10:

(a) in Part A delete "P2Evision3A' and insert:

Part 2A Division 3A

(b) in Part B delete 'hand domestic"

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(c) in Parts C and D delete the 3 bullet points after "This

police order has been issued to —" and insert:

• ensure that a person is protected from family violence; or

• prevent behaviour that could reasonably be expected to cause a person to apprehend that family violence will be committed against them; or

• ensure that children are not exposed to family violence.

A child is exposed to family violence if the child sees or hears the violence or otherwise experiences the effects of family violence, for example, cleaning up a site after property damage.

(d) in Parts C and D delete "section 61(6)" and insert:

section 61A(6)

(e) in Parts C and D delete "Counselling and support services may be

of assistance to you." and insert:

Counselling and support services may be of assistance to you.

Any police officer may serve this order.

N. HAGLEY, Clerk of the Executive Council.