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This is a Bill, not an Act. For current law, see the Acts databases.
DOMESTIC VIOLENCE AND PROTECTION ORDERS BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Domestic
Violence and Protection Orders Bill 2008
Contents
Page
Part 3.1 Bail Act
1992 89
Part 3.2 Children
and Young People Act 2008 90
Part 3.3 Court
Procedures Act 2004 91
Part 3.4 Crimes Act
1900 92
Part 3.5 Crimes
(Restorative Justice) Act 2004 93
Part 3.6 Crimes
(Sentencing) Act 2005 93
Part 3.7 Dangerous
Substances Act 2004 94
Part 3.8 Domestic
Violence Agencies Act 1986 94
Part 3.9 Evidence
(Miscellaneous Provisions) Act 1991 95
Part 3.10 Firearms
Act 1996 96
Part 3.11 Firearms
Regulation 1997 100
Part
3.12 Magistrates Court Act
1930 100
Part 3.13 Prohibited
Weapons Regulation 1997 100
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Domestic Violence and
Protection Orders Bill 2008
A Bill for
An Act about orders to protect people from domestic violence and personal
violence, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Domestic Violence and Protection Orders Act
2008.
This Act commences on 30 March 2009.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘firearm—see
the Firearms Act 1996, section 4A.’ means that the term
‘firearm’ is defined in that section and the definition applies to
this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
2 Main principles and
concepts
The objects of this Act include—
(a) to prevent violence between family members and others who are in a
domestic relationship, recognising that domestic violence is a particular form
of interpersonal violence that needs a greater level of protective response;
and
(b) to facilitate the safety and protection of people who fear or
experience violence by—
(i) providing a legally enforceable mechanism to prevent violent conduct;
and
(ii) allowing for the resolution of conflict without the need to resort to
adjudication.
7 Principles
for making protection orders
(1) In deciding an application for a protection order, the paramount
consideration is—
(a) for a domestic violence order—the need to ensure that the
aggrieved person, and any child at risk of exposure to domestic violence, is
protected from domestic violence; and
(b) for a personal protection order (other than a workplace
order)—the need to ensure that the aggrieved person is protected from
personal violence; and
(c) for a workplace order—the need to ensure that employees and
other people at the workplace are protected from personal violence at the
workplace.
(2) If a protection order is to be made on an application under this Act,
it must be the protection order that is least restrictive of the personal rights
and liberties of the respondent as possible that still achieves the objects of
the Act and gives effect to subsection (1).
8 Principle
about procedures
Procedures under this Act are to be as simple, quick and inexpensive as is
consistent with achieving justice.
9 What
may someone do under this Act?
(1) A person may apply under this Act for an order to protect an aggrieved
person from domestic violence or personal violence by someone else (the
respondent).
Note 1 Section 18 and s 68 set out who can apply for a
protection order.
Note 2 Section 20 limits who can be named as a respondent to a
protection order.
Note 3 Violence is defined in the following sections:
• s 13 (What is domestic violence etc?)
• s 14 (What is personal violence?)
• s 50 (What is personal violence for a workplace?).
(2) Two types of protection order are available, a domestic violence order
(see section 10) and a personal protection order (see section 11).
10 What
conduct do domestic violence orders restrain?
(1) A domestic violence order may be made as a final, interim or emergency
order.
Note The general rules applying to applications for orders are in
pt 3. Rules applying to particular kinds of orders are in the following
parts:
• pt 4 (Interim orders)
• pt 5 (Consent orders)
• pt 6 (Final orders)
• pt 9 (Emergency orders).
(2) A domestic violence order—
(a) restrains the respondent from engaging in conduct that constitutes
domestic violence in relation to the aggrieved person; and
(b) may include a prohibition mentioned in section 48 (What final orders
(other than workplace orders) may contain).
Note A prohibition mentioned in s 48 may be included in an interim
order (see s 35) or an emergency order (see s 76).
11 What
conduct do personal protection orders restrain?
(1) A personal protection order may be made as a final or interim
order.
(2) A personal protection order made as a final order may be made as a
workplace order or a final order other than a workplace order.
Note Workplace orders are dealt with in div 6.2.
(3) A personal protection order that is a workplace
order—
(a) restrains the respondent from engaging in conduct that constitutes
personal violence in relation to the workplace; and
(b) may include a prohibition mentioned in section 54 (What workplace
orders may contain).
(4) A personal protection order (other than a workplace
order)—
(a) restrains the respondent from engaging in conduct that constitutes
personal violence in relation to the aggrieved person; and
(b) may include a prohibition mentioned in section 48 (What final orders
(other than workplace orders) may contain).
12 Do
protection orders cover conduct outside ACT?
A protection order covers conduct within or outside the ACT.
13 What
is domestic violence etc?
(1) For this Act, a person’s conduct is domestic violence
if it—
(a) causes physical or personal injury to a relevant person; or
(b) causes damage to the property of a relevant person; or
(c) is directed at a relevant person and is a domestic violence offence;
or
(d) is a threat, made to a relevant person, to do anything in relation to
the relevant person or another relevant person that, if done, would fall under
paragraph (a), (b) or (c); or
(e) is harassing or offensive to a relevant person; or
(f) is directed at a pet of a relevant person and is an animal violence
offence; or
(g) is a threat, made to a relevant person, to do anything to a pet of the
person or another relevant person that, if done, would be an animal violence
offence.
Note Relevant person—see s 15 (1).
(2) In this Act:
domestic violence offence means an offence
against—
(a) section 90 (which is about contravening protection orders);
or
(b) a provision mentioned in an item in schedule 1 (Domestic violence
offences against other legislation) of an Act mentioned in the item.
(3) In this section:
animal violence offence means an offence against any of the
following provisions of the Animal Welfare Act 1992:
(a) section 7 (Cruelty);
(b) section 7A (Aggravated cruelty);
(c) section 8 (Pain);
(d) section 12 (Administering poison);
(e) section 12A (Laying poison);
(f) section 13 (Electrical devices).
offence, other than in relation to the Public Order
(Protection of Persons and Property) Act 1971 (Cwlth), section 11
(Additional offences on premises in a Territory), includes conduct, engaged in
outside the ACT, that would be an offence if it were engaged in within the
ACT.
personal injury includes nervous shock.
14 What
is personal violence?
(1) For this Act (other than for division 6.2), a person’s conduct
is personal violence if the person—
(a) causes personal injury to someone (the aggrieved person)
or damage to the aggrieved person’s property; or
(b) threatens to cause personal injury to the aggrieved person or damage
to the aggrieved person’s property; or
(c) is harassing or offensive to the aggrieved person.
Note Personal violence, for a workplace—see s
50.
(2) However, a person’s conduct is not personal violence
if it is domestic violence.
15 Who
is a relevant person etc?
(1) For this Act, relevant person, in relation to a person
(the original person), means—
(a) a domestic partner of the original person; or
Note A domestic partner need not be an adult (see
Legislation Act, s 169).
(b) a relative of the original person; or
(c) a child of a domestic partner of the original person; or
(d) a parent of a child of the original person; or
(e) someone who is in a domestic relationship with the original
person.
(2) For this Act, a relative of a person (the original
person)—
(a) means the original person’s—
(i) father, mother, grandfather, grandmother, stepfather, stepmother,
father-in-law or mother-in-law; or
(ii) son, daughter, grandson, granddaughter, stepson, stepdaughter,
son-in-law or daughter-in-law; or
(iii) brother, sister, half-brother, half-sister, stepbrother, stepsister,
brother-in-law or sister-in-law; or
(iv) uncle, aunt, uncle-in-law or aunt-in-law; or
(v) nephew, niece or cousin; and
(b) if the original person has or had a domestic partner (other than a
spouse)—includes someone who would have been a relative mentioned in
paragraph (a) if the original person had been legally married to the domestic
partner; and
Note Domestic partner—see the Legislation Act, s
169.
(c) includes—
(i) someone who has been a relative mentioned in paragraph (a) or (b)
of the original person; and
(ii) anyone else who could reasonably be considered to be a relative of
the original person.
Examples—par (c)
(ii)
1 if the original person is an Aboriginal or Torres Strait Islander, the
following people:
(a) a person the original person has responsibility for, or an interest in,
in accordance with the traditions and customs of the original person’s
Aboriginal or Torres Strait Islander community;
(b) a person who has responsibility for, or an interest in, the original
person in accordance with the traditions and customs of the original
person’s Aboriginal or Torres Strait Islander community
2 a person regarded and treated by the original person as a relative, for
example, as an uncle or aunt
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) In this section:
domestic relationship—see the Domestic Relationships
Act 1994, section 3.
16 Level
of satisfaction required for this Act
If the Magistrates Court or a judicial officer is required to be satisfied
about something under this Act, the court or judicial officer must be satisfied
on the balance of probabilities.
Note Judicial officer—see the
dictionary.
17 This
Act and Children and Young People Act
(1) This section applies if—
(a) an application is made under the Children and Young People Act
2008 for a care and protection order; and
(b) at least 1 of the grounds mentioned
in that Act, section 460 (1) (b) (DVPO final protection orders)
is satisfied; and
(c) the Childrens Court makes a protection order.
(2) The Childrens Court is taken to have exercised jurisdiction under this
Act as the Magistrates Court when making the protection order.
(3) The protection order may be amended, revoked or appealed from under
this Act.
Part
3 Applications
generally
18 Who
may apply for certain non-emergency orders?
(1) An aggrieved person may apply to the Magistrates Court for a
non-emergency protection order.
Note 1 If a form is approved under the Court Procedures Act
2004 for an application under this section, the form must be used.
Note 2 Different rules may apply to an aggrieved person with a legal
disability (see s 19).
Note 3 An aggrieved person for a workplace order is the employer,
not the person who has suffered the violence (see dict, def aggrieved
person).
(2) Also, a police officer may make an application for an aggrieved
person, or help an aggrieved person to make an application.
(3) This section does not affect any other right of a person to make an
application for a non-emergency protection order for an aggrieved
person.
Example—people with right to make
application for protection order
a parent or guardian of a child who is an aggrieved person, or an agent of
an aggrieved person
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
19 Party
with legal disability
(1) An aggrieved person with a legal disability (other than a child) may
apply for a non-emergency protection order—
(a) by a litigation guardian; or
(b) in the person’s own right with the Magistrates Court’s
leave.
Note A regulation may prescribe how a litigation guardian may be
appointed (see s 118 (3) (b) (i)).
(2) If a respondent to a non-emergency protection order is a person with a
legal disability, the respondent must have a litigation guardian.
(3) An aggrieved person who is a child may apply for—
(a) any protection order by a litigation guardian; or
(b) a domestic violence order in the person’s own right;
or
(c) a personal protection order in the person’s own right with the
Magistrates Court’s leave.
(4) The Magistrates Court must give leave for an application under
subsection (1) (b) or subsection (3) (c) if satisfied that the aggrieved
person—
(a) understands the consequences of applying for a protection order;
and
(b) will understand the proceeding on the application.
20 Certain
children not respondents
A child younger than 10 years old cannot be a respondent for an application
for a protection order.
21 Application
forms that require aggrieved person’s address
(1) This section applies if a form approved under the Court Procedures
Act 2004, section 8 (Approved forms) for an application for a protection
order requires the aggrieved person’s home or work address to be included
in the application.
(2) The address need not be included in the application unless the
aggrieved person agrees to the address being included.
22 Registrar
sets return date
(1) On receiving an application for a non-emergency protection order, the
registrar must—
(a) enter the application into Magistrates Court’s record; and
(b) set a return date for the application.
(2) The return date must be—
(a) not later than 2 days after the day the application is made;
or
(b) not later than 10 days after the day the application is made
if—
(i) the applicant is not seeking an interim order on the application;
and
(ii) the registrar is satisfied that the longer time is necessary to allow
the respondent to be served with the application and the return date
notice.
(3) However, a regulation may prescribe the circumstances in which the
registrar need not, or must not, accept an application for entry into the
Magistrates Court’s record under this section.
Note For service of an application, see s 63.
23 Registrar
may adjourn proceedings etc
(1) This section applies if—
(a) a return date has been set for an application for a non-emergency
protection order; and
(b) the respondent has not been served with a copy of the application
under section 63 (Service of applications).
(2) The registrar may adjourn the proceeding on the application.
Note The registrar may also extend any interim order (see s
42).
(3) However, the registrar may not adjourn the proceeding under this
section more than twice.
24 Preliminary
conferences
(1) The registrar must hold a preliminary conference in relation to an
application for a non-emergency protection order.
(2) However, a regulation may prescribe when the registrar need not hold a
preliminary conference.
(3) A regulation may also prescribe—
(a) the objects of a preliminary conference; and
(b) the powers that may be exercised by the person holding a preliminary
conference; and
(c) the admissibility in evidence of anything said, or any evidence given,
at a preliminary conference.
(4) The failure of the registrar to hold a preliminary conference in
relation to an application for a non-emergency protection order does not affect
the validity of the protection order.
25 Referrals
to mediation
(1) This section applies if, at any time during the preliminary conference
for an application for a non-emergency protection order, the registrar is
satisfied that the application is likely to be more effectively resolved by
mediation than by a hearing.
(2) The registrar must—
(a) recommend to the parties to the application that they seek mediation;
and
(b) give the parties information about mediation; and
(c) adjourn the preliminary conference until a stated date to allow for
mediation to happen.
26 Preparation
for hearings in Magistrates Court
(1) This section applies to an application for a non-emergency protection
order if—
(a) a preliminary conference has been held in relation to the application;
and
(b) no consent order has been made as a result of the
conference.
(2) On or before the return date for the application, the registrar
must—
(a) prepare the following documents for the hearing of the
application:
(i) a statement about who will give evidence at the hearing;
(ii) a statement about how long the hearing is likely to be;
(iii) a summary of the issues agreed to, and not agreed to, by the parties
at the conference; and
(b) give the respondent a statement to the effect that if the respondent
does not attend the hearing, the Magistrates Court may decide the application in
the respondent’s absence.
(3) The registrar may do anything else to assist the hearing of the
application that the registrar considers appropriate on or before the return
date.
(4) A regulation may prescribe other powers of the registrar to allow the
registrar to exercise a function under this section.
27 What
if applications are made for the wrong order?
(1) This section applies if—
(a) a person applies for a protection order that is a domestic violence
order or a personal violence order (the first order);
and
(b) the first order may not be made because the conduct on which the
application is based is not conduct that the first order could restrain;
and
(c) the application has not been decided.
(2) The Magistrates Court may make another protection order even though
the protection order was not properly applied for if—
(a) the person honestly applied for the first order; and
(b) had the application been properly made, the court could have made the
other protection order.
(3) This section does not apply to consent orders.
Note A consent order may be made whether or not any ground for
making the order has been made out (see s 43 (2) (b)).
28 What
if applications for the wrong order are decided?
(1) This section applies if—
(a) a person applies for a protection order that is a domestic violence
order or personal violence order (the first order); and
(b) the first order cannot be made because the conduct on which the
application is based is not conduct that the first order can restrain;
and
(c) the application is decided before it becomes apparent that section 27
applies; and
(d) a protection order (the order made) is purportedly made;
and
(e) the order made could have been validly made if applied for and made as
a domestic violence order or a personal protection order of the kind
made.
Example—when this section does not
apply because of par (e)
A police officer applied for a domestic violence order made as an emergency
order. The conduct relied on was, in fact, personal violence. This section
does not apply because the order could not have been validly made as a personal
protection order made as an emergency order.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) If this section applies—
(a) the operation of the order made is not affected by the fact that the
order could not be made on the application; and
(b) the order made must be treated as if it were the kind of order that
could be made in relation to the conduct mentioned in the application.
Example
A personal protection order is made as an interim order. Later, it is
discovered that the parties had previously been domestic partners, making the
conduct on which the application for the interim order was based domestic
violence. The operation of the order is not affected by the fact that the wrong
order was made, and the personal protection order made as an interim order is
treated as if it is a domestic violence order made as an interim
order.
(3) This section does not apply to consent orders.
Note A consent order may be made whether or not any ground for
making the order has been made out (see s 43 (2) (b)).
29 Grounds
for making interim order
The Magistrates Court may make an interim order if satisfied that it is
necessary to make the interim order to do 1 or more of the following until the
application for the final order is decided:
(a) ensure the safety of the aggrieved person or a child of the aggrieved
person;
(b) if the interim order is an interim workplace order—ensure the
safety of the aggrieved person at the workplace, or an employee of the aggrieved
person or other people at the workplace;
(c) prevent substantial damage to the property of the aggrieved person or
a child of the aggrieved person.
30 When
can interim orders be made?
(1) The Magistrates Court may make an interim order only on an application
for a final order.
Note A final order includes an order amending a final
order (see dict, def final order).
(2) The Magistrates Court may make an interim order at any time during the
proceeding on the application for the final order that it relates to.
(3) Only 1 interim order may be made in relation to an application for a
final order unless section 41 (May further interim orders be made?)
applies.
31 What
must a court consider?
(1) In making an interim order, the Magistrates Court must consider
whether contact between the aggrieved person or the respondent, and any child of
either, is relevant to the making of the order, and to any relevant family
contact order that the court is aware of.
(2) A failure by the Magistrates Court to consider the matter mentioned in
subsection (1) before making an interim order does not affect the validity of
the order.
32 Interim
orders and respondents with legal disability
(1) This section applies if the Magistrates Court —
(a) is considering an application for an interim order; and
(b) considers that the respondent to the interim order is or may be a
person with a legal disability.
(2) The Magistrates Court must tell the public advocate—
(a) about the respondent, including the respondent’s contact
details; and
(b) that the respondent may need a litigation guardian; and
(c) the return date for the application.
Note A respondent to a non-emergency protection order must have a
litigation guardian (see s 19 (2)).
33 Service
of applications for interim orders unnecessary
The Magistrates Court may make an interim order even if a copy of the
application and a notice about the proceeding stating the date for the
application’s return before the court have not been served on the
respondent.
34 Return
date for final orders on making of interim order
(1) This section applies if—
(a) the Magistrates Court makes an interim order; and
(b) the return date for the application for the final order is less than
21 days after the day the interim order is made.
(2) The Magistrates Court must change the return date for the application
to a day that is at least 21 days after the day the interim order is
made.
35 What
interim orders may contain
(1) An interim order may prohibit the respondent from being on premises
where the aggrieved person lives or works.
(2) However, the interim order may prohibit a respondent who is a child
from being on premises where the child normally receives care (including
education) or protection only if the Magistrates Court is satisfied that
adequate arrangements have been made for the child’s care (including
education) and safety.
Example—when Magistrates Court may be
satisfied adequate arrangements made for child
if a government agency responsible for the care and protection of children
has found alternative accommodation for the child
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) The interim order (other than an interim workplace order) may do
something mentioned in section 48 (2) (What final orders (other than workplace
orders) may contain) (other than paragraph (a) or (b)) only if the Magistrates
Court is satisfied that it is necessary to ensure the safety of the aggrieved
person.
Note 1 Section 48 (2) (a) and (b) allows the Magistrates Court
to make an order prohibiting the respondent from being on premises where the
aggrieved person lives or works.
Note 2 Subsections (2) and (3) do not apply to consent orders
(see s 43 (2) (b)).
(4) If the interim order is an interim workplace order, the order may do
something mentioned in section 54 (2) (What workplace orders may contain) (other
than paragraph (a)) only if the Magistrates Court is satisfied that it is
necessary to ensure the safety of an employee.
Note Section 54 (2) (a) allows the Magistrates Court to make
an order prohibiting the respondent from entering the workplace.
(5) An interim order may require the respondent to return to the aggrieved
person personal items reasonably needed by the aggrieved person or a child of
the aggrieved person.
Examples—personal
items
1 personal clothing
2 toiletries
3 books
4 photographs
5 house or car keys
36 When
interim orders become final orders
(1) This section applies if the Magistrates Court makes an interim order
in the absence of a respondent.
Note For service of an interim order, see s 64.
(2) If the respondent does not wish to object to the interim order
becoming a final order, the respondent may—
(a) fill out the endorsement copy of the interim order in accordance with
the instructions on the copy; and
(b) indicate on the endorsement copy that the respondent does not object
to the interim order becoming a final order; and
(c) return it to the Magistrates Court before the return date for the
application for the final order.
(3) If the respondent acts under subsection (2), the interim order becomes
a final order on the day the Magistrates Court receives the endorsement
copy.
(4) If the respondent wishes to object to the interim order becoming a
final order, the respondent must—
(a) fill out the endorsement copy of the interim order in accordance with
the instructions on the copy; and
(b) indicate on the endorsement copy that the respondent objects to the
interim order becoming a final order; and
(c) return it to the Magistrates Court at least 7 days before the return
date for the application for the final order to which the interim order
relates.
(5) If the respondent acts under subsection (4), the Magistrates Court may
decide the application.
(6) If the respondent wishes to object to the interim order becoming a
final order but does not act under subsection (4), the Magistrates Court may
decide the application for the final order only if the
respondent—
(a) attends the Magistrates Court on the return date for the application
for the final order; and
(b) objects to the interim order becoming a final order; and
(c) satisfies the court that the respondent—
(i) has a legal disability and did not have a litigation guardian
appointed for the proceeding at any time before the endorsement copy was
required to be returned under subsection (4) (c); or
(ii) has a reasonable excuse for failing to act under
subsection (4).
Examples—par (c)
(ii)
1 the respondent was injured in a car accident and unable to return the
endorsement copy in the time required
2 the respondent is from a non-English speaking background and no one was
able to interpret the endorsement copy for respondent until after it was
required to be returned
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(7) If the interim order does not become a final order under
subsection (3) and the application may not be decided by the Magistrates
Court under subsection (5) or (6), the Magistrates Court may decide that the
interim order becomes a final order at the end of the return date for the
application for the final order.
Note See s 46 for the grounds for making final orders (other than
workplace orders).
(8) In this section:
endorsement copy, of an interim order, means the copy of the
interim order marked as the endorsement copy under section 64
(1).
respondent includes a representative of the
respondent.
Note For review of final orders, see pt 11.
37 Length
of interim orders not by consent
An interim order (other than a consent order) must not be in force for more
than 2 years.
Note Section 45 provides for how long an interim order made as a
consent order may be in force.
An interim order ends before the end of the period stated in the order if
any of the following happens:
(a) the interim order is revoked;
(b) the application on which the interim order was made is
dismissed;
(c) if a final order is made on the application and the respondent is
present when the final order is made—the final order is made;
(d) if a final order is made on the application but the respondent is not
present when the final order is made—the final order is served on the
respondent.
39 What
if interim orders would expire before final orders are
served?
(1) This section applies if—
(a) a final order is made on an application; and
(b) the respondent is not present at the making of the final order;
and
(c) an interim order made in relation to the same application would, but
for this section, expire before the final order is served on the
respondent.
(2) The interim order is taken to continue in force until the final order
is served on the respondent.
(3) To remove any doubt, section 90 (which makes it an offence to
contravene protection orders the respondent has notice of) applies to the
interim order continued in force.
40 Firearms
and interim orders
(1) This section applies if an interim order is made in relation to a
respondent who is the holder of a firearms licence.
Note 1 Firearms licence—see the
dictionary.
Note 2 For the application of this section to consent orders, see s
43 (3).
(2) The firearms licence is suspended by force of this section until the
interim order ends.
(3) However, the Magistrates Court may, on application when the interim
order is made, order that the firearms licence not be suspended under this
section if—
(a) the interim order is a personal protection order; and
(b) the court is satisfied that the licence should not be
suspended.
(4) The Magistrates Court may make a consent order that the firearms
licence not be suspended under this section only if the interim order is a
personal protection order.
(5) The Magistrates Court may order—
(a) the seizure of the firearms licence for the period stated in the
interim order; and
(b) the seizure and detention for that period of any firearm or ammunition
in the respondent’s possession.
41 May
further interim orders be made?
(1) This section applies in relation to an application for a final order
if—
(a) an interim order has been made in relation to the final order;
and
(b) the interim order has ended or is about to end.
(2) The Magistrates Court may make a further interim order if it is
satisfied that there are special or exceptional circumstances (having regard to
the principles for making protection orders) that justify the making of a
further interim order.
Note The principles for making protection orders are set out in s
7.
(3) However, a further interim order must not be made as a consent
order.
Note An interim order may be amended in certain circumstances (see s
58).
42 When
may the registrar extend interim orders?
(1) This section applies if the registrar adjourns a proceeding because
the respondent has not been served with a copy of the application and a notice
about the proceeding stating the date for the application’s return before
the Magistrates Court.
(2) The registrar may also amend any interim order made in relation to the
application by extending it to take into account the delay caused by the
adjournment.
(3) The registrar must not extend an interim order under
subsection (2) for longer than 8 weeks.
Note An interim order must not be extended if the extension would
mean the interim order would be in force for more than 16 weeks (see s 61
(2)).
(1) On application for a protection order, the Magistrates Court may make
a protection order with the consent of the parties to the proceeding.
(2) The order may be made—
(a) whether or not the parties have attended, or any party has attended,
before the Magistrates Court; and
(b) whether or not any ground for making the order has been made out;
and
(c) without proof or admission of guilt.
Note Sections 84 and 85 apply to require the Magistrates
Court to explain the order intended to be made under this section in certain
circumstances. Section 84 deals with explaining orders if the respondent is
before the court and s 85 deals with explaining orders if the aggrieved person
is before the court.
(3) If an automatic consequence flows from the making of a kind of order
and an order of that kind is made under this section, the automatic consequence
flows from the making of the order unless—
(a) this Act allows a discretion for the automatic consequence not to flow
from the making of an order of that kind; and
(b) the parties consent to the automatic consequence not flowing from the
making of the order.
Example
The parties to an application agree to the making of a final order. An
automatic consequence of the order is that any firearms licence of the
respondent is cancelled under s 57 (Firearms and final orders). That
consequence automatically flows from the making of the final order. However,
under s 57 (3) the Magistrates Court may, in certain circumstances (but not
if the final order is a domestic violence order), order that the licence not be
cancelled. If those circumstances apply and the parties agree that the firearms
licence not be cancelled, the firearms licence would not be cancelled under s
57.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) However, this section does not allow the Magistrates Court to make a
protection order—
(a) that may not otherwise be made under this Act; or
(b) for a period other than a period that the order may be made for
(unless section 45 (Length of interim orders by consent) applies); or
Note Section 55 (3) limits the length of final orders made as
consent orders.
(c) if section 44 applies.
44 Consent
orders and parties with legal disability
(1) This section applies if—
(a) the Magistrates Court is considering an application for a consent
order; and
(b) a party to the proceeding is a person with a legal disability who is
not separately represented by someone else; and
(c) it appears to the court that the party should be separately
represented by someone else.
(2) The Magistrates Court—
(a) must not make the consent order; and
(b) may adjourn the hearing to allow the person to get a litigation
guardian.
45 Length
of interim orders by consent
(1) An interim order made as a consent order remains in force for the
period of up to 16 weeks stated in the order.
(2) To remove any doubt, section 61 (2) applies to an interim order made
by consent.
Note Under s 61 (2), an interim order made by consent may not be
amended by extending it to be in force for longer than 16 weeks.
Division
6.1 Final orders other than workplace
orders
46 Grounds
for making final orders (other than workplace orders)
(1) The Magistrates Court may, on application, make a final order (other
than a workplace order) if satisfied that—
(a) the respondent has engaged in domestic violence; or
(b) the respondent—
(i) has engaged in personal violence towards the aggrieved person;
and
(ii) may engage in personal violence towards the aggrieved person during
the time the order is proposed to operate if the order is not made.
(2) If an interim order has been made on the application and the
respondent has objected to the interim order, in making the final order the
Magistrates Court must consider the respondent’s objection.
Note This section does not apply to consent orders (see s 43 (2)
(b)).
47 What
must a court consider before making final orders other than workplace
orders?
(1) In deciding an application for a final order, the Magistrates Court
must consider the following:
(a) the objects of this Act (set out in section 6) and the principles for
making protection orders (set out in section 7);
(b) the welfare of each child (if any) affected, or likely to be affected,
by the respondent’s conduct;
(c) the accommodation needs of the aggrieved person, each child (if any)
of the aggrieved person, and each child (if any) of the respondent;
(d) any hardship that may be caused to the respondent or anyone else by
the making of a protection order;
(e) if the court proposes to include in the protection order a prohibition
or requirement mentioned in section 48 (3)—the income, assets and
liabilities of the respondent and the aggrieved person (other than an aggrieved
person who is a child);
Note A prohibition under s 48 (3) (a) prohibits the respondent from
taking possession of personal property reasonably needed by the aggrieved person
or a child of the aggrieved person. A requirement under s 48 (3) (b)
requires the respondent to give the aggrieved person personal property
reasonably needed by the aggrieved person or a child of the aggrieved
person.
(f) whether contact between the aggrieved person or the respondent, and
any child of either of them, is relevant to the making of the protection order,
and to any relevant family contact order of which the court is aware;
(g) if the respondent has previously engaged in conduct that is domestic
violence, personal violence or personal violence in relation to a
workplace—that conduct;
(h) if a protection order has previously been made in relation to the
respondent—the protection order;
(i) if the respondent has previously contravened a protection
order—the contravention;
(j) the need to ensure that property is protected from damage.
Note This section does not apply to consent orders (see s 43
(2) (b)).
(2) The Magistrates Court may also consider anything else that is
relevant.
(3) A failure by the Magistrates Court to consider the matter mentioned in
subsection (1) (f) before making an order does not affect the validity of the
order.
(4) In subsection (1) (h) and (i):
protection order includes the following orders:
(a) an order under a law of a State, another Territory or New Zealand that
has the same effect or substantially the same effect as a protection order;
(b) a protection order made under the Domestic Violence Agencies Act
1986 as in force at any time;
(c) a protection order made under the Domestic Violence and Protection
Orders Act 2001 as in force at any time;
(d) a restraining order made under the Magistrates Court Act 1930
before 27 March 2002.
48 What
final orders (other than workplace orders) may contain
(1) A final order (other than a workplace order) may contain the
conditions or prohibitions the Magistrates Court considers necessary or
desirable.
Note This Act (including this section) is subject to the
objects set out in s 6 and the principles for making protection orders set out
in s 7.
(2) Without limiting subsection (1), the order may do 1 or more of the
following:
(a) prohibit the respondent from being on premises where the aggrieved
person lives;
(b) prohibit the respondent from being on premises where the aggrieved
person works;
(c) prohibit the respondent from being on premises where the aggrieved
person is likely to be;
(d) prohibit the respondent from being in a particular place;
(e) prohibit the respondent from being within a particular distance from
the aggrieved person;
(f) prohibit the respondent from contacting, harassing, threatening or
intimidating the aggrieved person;
(g) prohibit the respondent from damaging the aggrieved person’s
property;
(h) prohibit the respondent from doing anything mentioned in paragraphs
(a) to (g) in relation to—
(i) a child of the aggrieved person; or
(ii) any other child if the Magistrates Court is satisfied that there is
an unacceptable risk of the child being exposed to domestic violence;
(i) prohibit the respondent from causing someone else to do something
mentioned in paragraph (f) or (g) or subsection (3) (a);
(j) state the conditions on which the respondent may—
(i) be on particular premises; or
(ii) be in a particular place; or
(iii) approach or contact a particular person.
(3) Also, an order that includes a prohibition mentioned in
subsection (2) (a) may—
(a) prohibit the respondent from taking possession of particular personal
property that is reasonably needed by the aggrieved person or a child of the
aggrieved person; or
(b) require the respondent to give the aggrieved person particular
personal property that is in the respondent’s possession and is reasonably
needed by the aggrieved person or a child of the aggrieved person.
(4) A final order made as a consent order may contain a condition or
prohibition that a final order made other than as a consent order may contain,
but it is not necessary for the Magistrates Court to consider whether the
condition or prohibition is necessary or desirable.
Division
6.2 Workplace
orders
In this division:
aggrieved person, for a workplace order—
(a) means the employer of the person against whom the conduct is directed;
and
(b) if the workplace is a child facility, includes—
(i) a person in control of the child facility; and
(ii) an employee of an employer mentioned in paragraph (a).
child facility means—
(a) a preschool, childcare centre, school, or other similar facility the
main purpose of which is the care or education of children; or
(b) a paediatric ward, or other facility in a hospital the main purpose of
which is to provide health services for children; or
(c) a place of care or a therapeutic protection place under the
Children and Young People Act 2008; or
(d) an office or other facility used by or for the Territory for children
or young people who are, under the Children and Young People
Act 2008, care and protection chapters, in need of care and protection
or in therapeutic protection.
Note The Children and Young People Act 2008, s 344 defines a
child or young person in need of care and protection.
50 What
is personal violence for a workplace?
For this division, a person’s conduct is personal
violence in relation to a workplace if the person—
(a) causes personal injury, or threatens to cause personal injury, to an
employee in the employee’s capacity as an employee at the workplace;
or
(b) causes damage to property, or threatens to cause damage to property,
in the workplace in a way that causes reasonable fear in an employee;
or
(c) is harassing or offensive to an employee in the employee’s
capacity as an employee at the workplace.
51 Effect
of availability of workplace orders
The availability of workplace orders under this Act does not create a new
right or obligation in relation to employment relationships.
52 Grounds
for making workplace orders
(1) The Magistrates Court may, on application, make a workplace order in
relation to a workplace if satisfied that the respondent—
(a) has engaged in personal violence in relation to the workplace;
and
(b) may engage in personal violence in relation to the workplace during
the time the order is proposed to operate if the order is not made.
Note 1 An aggrieved person may apply for a workplace order (see
s 18).
Note 2 An aggrieved person, for a workplace order, is the employer,
not the person who has suffered the violence (see dict, def aggrieved
person).
(2) The Magistrates Court may make a workplace order in relation to a
workplace that is a child facility if satisfied that the respondent poses a risk
to people at the workplace, for example, children, carers or teachers.
Note 1 This section does not apply to consent orders (see s
43 (2) (b)).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
53 What
must a court consider before making workplace orders?
(1) In deciding an application for a workplace order, the Magistrates
Court must consider the following:
(a) the objects of this Act (set out in section 6) and the principles for
making protection orders (set out in section 7);
(b) any hardship that may be caused to the respondent or anyone else
because of the making of a workplace order;
(c) if the respondent has previously engaged in conduct that is domestic
violence, personal violence or personal violence in relation to a
workplace—that conduct;
(d) if a protection order has previously been made in relation to the
respondent—the protection order;
(e) if the respondent has previously contravened a protection
order—the contravention;
(f) the need to ensure that property in the workplace is protected from
damage.
Note This section does not apply to consent orders (see s 43 (2)
(b)).
(2) The Magistrates Court may also consider anything else that is
relevant.
(3) In subsection (1) (d) and (e):
protection order includes the following orders:
(a) an order under a law of a State, another Territory or New Zealand that
has the same effect or substantially the same effect as a protection order;
(b) a protection order made under the Domestic Violence Agencies Act
1986 as in force at any time;
(c) a protection order made under the Domestic Violence and Protection
Orders Act 2001 as in force at any time;
(d) a restraining order made under the Magistrates Court Act 1930
before 27 March 2002.
54 What
workplace orders may contain
(1) A workplace order may contain the conditions or prohibitions the
Magistrates Court considers necessary or desirable.
Note This Act (including this section) is subject to the objects set
out in s 6 and the principles for making protection orders set out in s
7.
(2) Without limiting subsection (1), the order may do 1 or more of the
following:
(a) prohibit the respondent from entering the workplace;
(b) prohibit the respondent from being within a particular distance from
the workplace;
(c) prohibit the respondent from contacting, harassing, threatening or
intimidating an employee at the workplace;
(d) prohibit the respondent from damaging property in the
workplace;
(e) prohibit the respondent from causing someone else to do something
mentioned in paragraph (c) or (d);
(f) state the conditions on which the respondent may enter or approach the
workplace, or approach or contact an employee.
(3) A workplace order made as a consent order may contain a condition or
prohibition mentioned in subsection (2), but it is not necessary for the
Magistrates Court to consider whether the condition or prohibition is necessary
or desirable.
Division
6.3 Length of final orders
etc
Note 1 An interim order may be made on application for a final order
(see s 30).
Note 2 See s 46 for the grounds for making final orders (other than
workplace orders) and s 52 for the grounds for making workplace orders.
55 Length
of final domestic violence orders
(1) A final order that is a domestic violence order remains in force
for—
(a) 2 years; or
(b) if a shorter period is stated in the protection order—the period
stated.
(2) However, the Magistrates Court may make a domestic violence order that
remains in force for longer than 2 years if satisfied that there are special or
exceptional circumstances that justify the longer period.
(3) A final order that is a domestic violence order must not be longer
than 2 years if made as a consent order.
56 Length
of final personal protection orders
A final order that is a personal protection order remains in force
for—
(a) 1 year; or
(b) if a shorter period is stated in the protection order—the period
stated.
57 Firearms
and final orders
(1) This section applies if a final order is made in relation to a
respondent who is the holder of a firearms licence.
Note 1 Firearms licence—see the
dictionary.
Note 2 For the application of this section to consent orders, see s
43 (3).
(2) The firearms licence is cancelled by force of this section.
(3) However, the Magistrates Court may, on application when the final
order is made, order that the firearms licence not be cancelled under this
section if—
(a) the final order is a personal protection order; and
(b) the court is satisfied that the firearms licence should not be
cancelled.
(4) The Magistrates Court may make a consent order that the firearms
licence not be cancelled under this section only if the final order is a
personal protection order.
(5) The Magistrates Court may order—
(a) the seizure of the firearms licence; and
(b) the seizure of any firearm or ammunition in the respondent’s
possession.
Part
7 Amendment of
orders
(1) The Magistrates Court may, on application, amend a protection order if
satisfied that—
(a) the order as amended could be made on application for a protection
order; and
(b) if the amendment would reduce the protection of a child who is 15
years old or younger—the child is no longer in need of the greater
protection provided by the unamended protection order.
(2) If the protection order has been amended by being extended, the order
must mention that it has been extended.
(3) This section does not apply in relation to a kind of amendment if this
Act (apart from this section) expressly deals with the grounds for that kind of
amendment or for revocation.
Note 1 The following sections expressly deal with the grounds
for amendment:
• s 61 (Extension of interim orders by consent)
• s 62 (Extension of final orders)
• s 78 (Emergency amendment and revocation of emergency
orders)
• s 79 (Non-emergency amendment and revocation of emergency
orders).
Note 2 Pt 11 deals with review of orders.
59 Amendment
of interim orders
(1) The Magistrates Court may, on application by any of the following
people, amend an interim order:
(a) the aggrieved person for the order;
(b) the respondent for the order;
(c) a police officer.
Note If a form is approved under the Court Procedures Act
2004 for an application under this section, the form must be used.
(2) However, the Magistrates Court may amend the interim order only if
satisfied that—
(a) either—
(i) there has been a change in the circumstances of a party to the order;
or
(ii) the order causes unnecessary hardship to the respondent;
and
(b) amending the order will not adversely affect the safety of the
aggrieved person or a child of the aggrieved person.
Example
The interim order, when first made, did not exclude the respondent from the
family home. Several days after the interim order is made, the respondent
behaves in a way that increases the risk of harm to the aggrieved person. The
aggrieved person now needs an amendment of the interim order to exclude the
respondent from the family home.
Note 1 For service of an amended interim order, see s 64.
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
60 Temporary
amendment of final orders
(1) The Magistrates Court may, on application by an aggrieved person or
respondent, amend (a temporary amendment) a final order (the
original order) for a stated period.
Note If a form is approved under the Court Procedures Act
2004 for an application under this section, the form must be used.
(2) An application for a temporary amendment must state the grounds for
the application.
Examples
1 the applicant has had a significant change in circumstances since the
original order was made
2 the original order restricts the respondent’s rights
unnecessarily
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) An application for a temporary amendment must be made before the
original order ends.
(4) However, the Magistrates Court may amend the original order for a
stated period only if satisfied that—
(a) the amendment is necessary because of a matter of significant
importance affecting 1 or more parties; and
(b) the parties have taken reasonable steps to deal with the matter
without amending the order; and
(c) amending the order for a stated period is the only reasonable way to
deal with the matter; and
(d) amending the order will not adversely affect the safety of the
aggrieved person or a child of the aggrieved person; and
(e) it is proper, in all the circumstances, to amend the order for the
stated period.
(5) The order amending the original order must state—
(a) the time and date when the amendment starts and ends; and
(b) the reasons for the amendment.
61 Extension
of interim orders by consent
(1) The Magistrates Court may, on application, amend an interim order that
is a consent order by extending it for an additional period, or further
additional period, of up to 8 weeks.
(2) However, an interim order must not be extended if the extension would
mean the interim order would be in force for more than 16 weeks.
Note The registrar may extend an interim order if the application
for the final order has not been served on the respondent (see s 42) or if the
registrar is exercising the Magistrates Court’s jurisdiction to make a
consent order.
62 Extension
of final orders
(1) The Magistrates Court may, on application, amend a final order (the
original order) by extending it.
(2) An application to extend the original order must be made at least
21 days before the day the original order is to end.
(3) However, the Magistrates Court may allow someone to apply for an
extension less than 21 days before the end of the original order.
(4) If the original order is a domestic violence order, the Magistrates
Court must, on application, amend the original order by extending it for a
stated period unless satisfied that a protection order is no longer necessary to
protect the aggrieved person from domestic violence by the respondent.
(5) If the original order is a personal protection order, the Magistrates
Court may amend the original order by extending it only if satisfied that a
protection order is still necessary to protect the aggrieved person from
personal violence by the respondent.
(6) Subsections (3) and (4) do not apply if the order amending
the original order by extending it is a consent order.
(7) The parties may consent to an application being made out of time under
this section.
Note An interim order may be applied for on an application for
extension of a final order.
Part
8 Service of non-emergency protection
orders
63 Service
of applications
(1) The registrar must—
(a) serve on an applicant a notice about the proceeding stating the date
for the application’s return before the Magistrates Court; and
(b) serve a copy of the application and the notice on the relevant
people.
Note If a form is approved under the Court Procedures Act
2004 for a return date notice, the form must be used.
(2) If the return date set under section 22 is not the day the application
is received, the registrar must act under subsection (1) as soon as is
practicable.
(3) If the return date set under section 22 is the day the application is
received, the registrar must act under subsection (1) after the application has
gone before the Magistrates Court and the court has set a further date for the
application’s return before the court.
(4) Service on the applicant or respondent under subsection (1) must be
personal service unless the Magistrates Court makes an order under section 66
(If service impracticable or impossible).
(5) For this section, the relevant people
are—
(a) the respondent; and
(b) anyone else the registrar is satisfied has a relevant interest in the
proceeding who does not already have a copy.
Example—person with a relevant
interest in the proceeding
a parent or guardian of a child who is an aggrieved person if the parent or
guardian does not live with the child
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
64 Service
of non-emergency protection orders
(1) If the Magistrates Court makes a non-emergency protection order, the
registrar must—
(a) if the order is an interim order—serve 2 copies of the order
(1 marked as the endorsement copy) on the respondent not later than 14 days
before the return date for the application for the final order; and
(b) if the order is not an interim order—serve a copy of the order
on the respondent; and
(c) give a copy of the order to—
(i) each other party to the proceeding; and
(ii) the chief police officer; and
(iii) the registrar of firearms.
(2) Service under subsection (1) (a) must be personal service
unless—
(a) the respondent is present when the protection order is made;
or
(b) the Magistrates Court makes an order under section 66 (If service
impracticable or impossible).
65 If
personal service not required
(1) This section applies if a document required to be served under this
Act is not required to be served personally.
(2) The document may be served—
(a) by delivering it to the person personally; or
(b) by leaving it—
(i) at the home or work address of the person last-known to the person
serving the document; and
(ii) with a person apparently living or employed at the place who appears
to be more than 16 years old; or
(c) if the person has an address for service—by leaving it at, or
sending it by prepaid post to, the address for service.
(3) The Legislation Act, part 19.5 (Service of documents) does not apply
to the service of a document that is required to be served under this
Act.
66 If
service impracticable or impossible
(1) This section applies if—
(a) personal service of an application under this Act is not reasonably
practicable; or
(b) a document that is not required to be personally served cannot be
served under section 65.
(2) The Magistrates Court may order that the application or document be
served in the way, stated in the order, that the court considers is likely to
bring the application or document to the attention of the person required to be
served.
67 Service
of documents by police
(1) The Magistrates Court may direct that a document required to be served
on someone be served by a police officer if the court considers that it is
appropriate to do so.
(2) If the Magistrates Court gives a direction under subsection (1), an
authorised police officer must, when asked to do so by the registrar, arrange
for the document to be served by a police officer.
(3) For this section:
authorised police officer means the police officer in charge
of a police station.
Note An emergency order is a kind of domestic violence order (see
s 10).
68 Who
may apply for emergency order?
Only a police officer may apply for an emergency order.
69 When
may emergency order be made?
A judicial officer may make an emergency order on application
if—
(a) the judicial officer is satisfied that—
(i) the respondent has behaved in a way that satisfies the judicial
officer that there are reasonable grounds for believing that, if an emergency
order is not made, the respondent may cause
physical injury to, or substantial damage to the property of, the aggrieved
person or a child of the aggrieved person; and
(ii) the aggrieved person is a relevant person in relation to the
respondent; and
(iii) it is not practicable to arrest the respondent, or there is no
ground to arrest the respondent; and
(b) it is outside the sitting hours of the Magistrates Court.
70 How
can application for emergency order be made?
(1) The police officer may apply to a judicial officer by telephone for an
emergency order.
(2) The police officer must—
(a) satisfy the judicial officer about the police officer’s
identity, rank and identification number; and
(b) describe the conduct the application is based on; and
(c) give the reasons for the application; and
(d) tell the judicial officer about any relevant family contact order, or
any pending application for such an order, that the police officer is aware of;
and
(e) provide any other relevant information required by the judicial
officer.
(3) If it is practicable in the circumstances, the police officer must
send the judicial officer a brief written statement of the matters mentioned in
subsection (2) (b) and (c) by fax or email.
(4) If the statement mentioned in subsection (3) is not sent by fax or
email, the judicial officer must ensure that a brief description of the conduct
the application is based on and the reasons for the application are part of the
record of the Magistrates Court.
71 What
should judicial officers consider in making emergency
order?
(1) In making an emergency order, a judicial officer must consider whether
contact between the aggrieved person or the respondent, and any child of either,
is relevant to the making of the order, and to any relevant family contact order
that the judicial officer is aware of.
(2) A failure to consider the matters mentioned in subsection (1) before
making an emergency order does not affect the validity of the order.
Note The Family Law Act 1975 (Cwlth), pt VII, divs 1 and 11
deal with the relationship between domestic violence orders and orders or
injunctions mentioned in that Act, s 68P (1) (a). In particular, s 60CF
imposes an obligation on certain people to inform the court of any family
violence orders (including domestic violence orders) and under s 68Q certain
people may apply for a declaration of the extent to which an order or injunction
mentioned in s 68P (1) (a) is inconsistent with a family violence
order.
(1) An emergency order must include—
(a) the name, rank and identification number of the police officer who
applied for the order; and
(b) the name of the person to be protected by the order; and
(c) the terms of the order; and
(d) the time the order is made; and
(e) the name and position of the judicial officer.
(2) The emergency order must—
(a) be sent to the police officer by fax or email if it is practicable to
do so; or
(b) otherwise be dictated to the police officer over the
telephone.
(3) A paper produced by fax or email, or written under the dictation
mentioned in subsection (2), is taken to be a copy of the emergency
order.
(4) A record made by a judicial officer of an emergency order dictated to
a police officer over the telephone is the original emergency order.
73 Action
on refusing emergency order
If an application for an emergency order is refused, the judicial officer
must record in writing—
(a) the name, rank and identification number of the police officer who
applied for the order; and
(b) the name of the person for whose protection the order was sought;
and
(c) the reasons for refusing to make the order.
74 Records
of proceedings
The judicial officer must ensure that the record of the proceeding,
including the order made (if any), is part of the record of the Magistrates
Court.
Note The record of the proceeding consists of the documents
relevant to the proceeding, including any fax or email received from the police
officer, the written record under s 70 (4) and s 73 and any other relevant
documents.
75 Detention
of people against whom emergency orders sought
(1) If it is proposed to apply for an emergency order against a person, a
police officer may—
(a) if appropriate, remove the person to another place; and
(b) detain the person until the application for the order has been dealt
with and a copy of any order made is given to the person.
(2) A person must not be detained under this section for longer than
4 hours.
76 What
emergency order may contain
(1) An emergency order may prohibit the respondent from being on premises
where the aggrieved person lives.
(2) An emergency order may do something mentioned in section 48 (2)
(What final orders (other than workplace orders) may contain) (other than
paragraph (a)) only if the judicial officer making the order is satisfied that
it is necessary to ensure the safety of the aggrieved person.
Note Section 48 (2) (a) allows the Magistrates Court to make
an order prohibiting the respondent from being on premises where the aggrieved
person lives.
(3) An emergency order may prohibit a respondent who is a child from being
on premises where the child normally lives only if the judicial officer is
satisfied that adequate arrangements have been made for the child’s care
and safety.
Example—when judicial officer may be
satisfied adequate arrangements made for child
if a government agency responsible for the care and protection of children
has found alternative accommodation for the child
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
77 Length
of emergency orders
(1) An emergency order remains in force until the earliest of the
following:
(a) close of business on the second day after the day when the order is
made;
(b) the order is revoked;
(c) a final order or interim order made against the respondent in relation
to the aggrieved person is served on the respondent.
Note Periods of less than 5 days are to be worked out ignoring any
day when the Magistrates Court is not open for business (see s 115).
(2) An emergency order cannot be renewed or extended.
78 Emergency
amendment and revocation of emergency orders
(1) An emergency order may be revoked or amended outside the sitting hours
of the Magistrates Court by a judicial officer on application by a police
officer.
(2) The procedure for amending or revoking an emergency order outside
sitting hours is the same as the procedure for making an emergency
order.
Note The procedure for making an emergency order is set out at the
beginning of this part.
(3) However, the application for amendment or revocation need not describe
the conduct the application is based on.
79 Non-emergency
amendment and revocation of emergency orders
An emergency order may be amended or revoked during sitting hours of the
Magistrates Court in the same way, and on the same grounds, as an interim order
may be amended or revoked.
Note For the way an interim order may be amended or revoked, see s
58, s 59 and pt 11.
80 Firearms
and emergency orders
(1) If an emergency order is made in relation to a respondent who is the
holder of a firearms licence, the firearms licence is, by force of this section,
suspended until the order ends or is revoked.
Note Firearms licence—see the
dictionary.
(2) The judicial officer who makes the emergency order may also
order—
(a) the seizure of the firearms licence for the period that the order is
in force; and
(b) the seizure and detention for that period of any firearm and any
ammunition for a firearm in the respondent’s possession.
81 Service
of emergency orders
(1) A copy of an emergency order must be served on the respondent by a
police officer.
(2) Service under subsection (1) must be personal service unless the
Magistrates Court makes an order under section 66 (If service impracticable or
impossible).
82 Police
required to explain emergency order served
(1) A police officer serving a copy of an emergency order on a respondent
must, as far as is practicable in the circumstances, explain to the respondent
the purpose, terms and effect of the order and the consequences of contravening
the order.
(2) The failure of a police officer to comply with subsection (1) does not
affect the validity of the service of the emergency order.
83 Recording
reasons if emergency order not applied for
(1) This section applies if a police officer—
(a) deals with an incident in which—
(i) someone (the respondent) has behaved in a way that
satisfies the police officer that there are reasonable grounds for believing
that the respondent may cause physical injury to the aggrieved person if an
emergency order is not made; and
(ii) the aggrieved person is a relevant person for the respondent;
and
(iii) it is not practicable to arrest the respondent, or there is no
ground to arrest the respondent; and
(b) decides not to apply for an emergency order.
(2) The police officer must make a record of the decision, including a
brief note of the reasons for it.
Part
10 Other provisions about protection
orders
84 Explaining
orders if respondent present
(1) This section applies if—
(a) the Magistrates Court intends to make a non-emergency protection
order; and
(b) the respondent is before the court.
(2) On making the protection order (other than a consent order), the
Magistrates Court must explain to the respondent, in language likely to be
readily understood by the respondent—
(a) the purpose, terms and effect of the order; and
Note Explaining the effect of the order includes explaining, if
relevant, that any firearms licence of the respondent will automatically be
cancelled or suspended under this Act.
(b) the consequences that may follow if the respondent fails to comply
with the order; and
(c) how the order may be amended or revoked; and
(d) that, if a State, another Territory or New Zealand has legislation
that corresponds to this Act, the order may be registered, and enforced, in the
State, Territory or New Zealand without notice of registration being given to
the respondent.
Note Pt 12 deals with the registration of protection orders
from other jurisdictions in the ACT.
(3) Before making a consent order, the Magistrates Court must explain to
the respondent, in language likely to be readily understood by the respondent,
the matters mentioned in subsection (2) (a) to (d).
(4) A failure of the Magistrates Court to comply with this section in
relation to a protection order does not affect the validity of the
order.
85 Explaining
orders if aggrieved person present
(1) This section applies if—
(a) the Magistrates Court intends to make a non-emergency protection
order; and
(b) the aggrieved person is before the court.
(2) On making the protection order (other than a consent order), the
Magistrates Court must explain to the aggrieved person, in language likely to be
readily understood by the person—
(a) the purpose, terms and effect of the order; and
Note Explaining the effect of the order includes explaining, if
relevant, that any firearms licence of the respondent will automatically be
cancelled or suspended under this Act.
(b) the consequences that may follow if the respondent fails to comply
with the order; and
(c) how the order may be amended or revoked; and
(d) that, if the aggrieved person aids or abets the respondent to commit
an offence against section 90 (Offence for contravention of protection order),
the aggrieved person may also commit an offence; and
(e) that the order may be registered and enforced in
a State, another Territory or New
Zealand.
Note The Criminal Code, pt 2.4 deals with offences of aiding and
abetting.
(3) Before making a consent order, the Magistrates Court must explain to
the aggrieved person, in language likely to be readily understood by the person,
the matters mentioned in subsection (2) (a) to (e).
(4) The failure of the Magistrates Court to comply with this section in
relation to a protection order does not affect the validity of the
order.
(1) If the Magistrates Court makes a non-emergency protection order, the
court must record the reasons for making the order.
(2) If the order is a consent order, the reason for making the order is
that the parties have consented to it.
87 Orders
generally not to include aggrieved person’s address
(1) The aggrieved person’s home or work address must not be included
in a protection order.
(2) However, the person’s home or work address may be included in a
protection order if—
(a) the aggrieved person agrees to the address being included;
or
(b) it is necessary to include the address to allow the respondent to
comply with the order; or
(c) the Magistrates Court, registrar or another judicial officer making
the order is satisfied that the respondent already knows the address.
88 Prohibitions
or conditions may be shorter
A prohibition or condition in a protection order may have effect for a
period stated in the protection order that is shorter than the period of the
protection order.
89 Recommendations
for counselling etc
The Magistrates Court may recommend that the respondent, the aggrieved
person or another relevant person take part in a program of counselling,
training, mediation, rehabilitation or assessment.
90 Offence
for contravention of protection order
(1) This section applies to a person who is subject to a protection order
if the person—
(a) was present when the protection order was made; or
(b) has been personally served with a copy of the protection
order.
(2) The person commits an offence if the person engages in conduct that
contravenes the protection order (including a condition of the order).
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
Note In deciding the sentence to be imposed on a person under this
section, the Magistrates Court must consider the matters under the Crimes
(Sentencing) Act 2005, s 33 (Sentencing—relevant
considerations).
(3) This section applies to conduct engaged in outside the ACT as well as
conduct engaged in within the ACT.
91 Application
for review of particular final orders
(1) This section applies to an application for review of a final order
(the original order), other than—
(a) an application by a respondent for review of an order that became
final under section 36; and
(b) an application by a party for review of a consent order.
Note 1 Section 93 applies to applications for review of final
orders that became final under s 36.
Note 2 Section 95 applies to applications for review of consent
orders.
(2) A party to the original order or someone else with sufficient interest
in the original order may apply for review of the original order.
Example—someone with sufficient
interest
The Magistrates Court may decide, in a particular case, that the guardian
of someone for whom a protection order has been made has sufficient interest to
apply for review of the order.
Note 1 If a form is approved under the Court Procedures Act
2004 for an application under this section, the form must be used.
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) However, a respondent or someone else with sufficient interest in the
original order must apply to the Magistrates Court for leave to make an
application to review the order.
(4) Before hearing the application for leave, the Magistrates Court must
fix a time to hear the application, and give the following people written notice
of the time:
(a) the aggrieved person;
(b) the respondent;
(c) if someone else with an interest in the original order made the
application for leave—that person.
(5) In this section:
aggrieved person means the aggrieved person in relation to
the original order, and includes a representative of the aggrieved
person.
respondent means the respondent to the original order, and
includes a representative of the respondent.
92 Review
of particular final orders
(1) On hearing an application under section 91 to review a final order,
the Magistrates Court must, by order—
(a) dismiss the application; or
(b) confirm the original order; or
(c) revoke the original order; or
(d) set aside the original order and make a new order.
Note See s 46 for the grounds for making final orders (other than
workplace orders) and s 52 for the grounds for making workplace orders.
(2) The Magistrates Court may revoke the original order—
(a) if the Magistrates Court is satisfied that the original order is no
longer necessary for the protection of the person it protects; or
(b) if—
(i) the applicant for the original order applies for the review of the
original order; and
(ii) if the revocation would affect the protection of a child who is 15
years old or younger—the Magistrates Court is satisfied the child is no
longer in need of the protection provided by the original order.
93 Application
by respondent for review of order finalised under s 36
(1) This section applies if an interim order has become a final order (the
original order) under section 36.
(2) The respondent to the original order may apply to the Magistrates
Court for a review of the original order.
Note If a form is approved under the Court Procedures Act
2004 for an application under this section, the form must be used.
(3) The Magistrates Court may hear an application under subsection (2)
only if satisfied that—
(a) for a respondent who did not act under section 36—the respondent
has a reasonable excuse for failing to act; or
(b) the respondent is a person with a legal disability who did not have a
litigation guardian when the interim order became a final order and did not
attend court on the return date for the application for the final order;
or
(c) the respondent has had a significant change in circumstances relevant
to the making of the original order.
94 Review
of order finalised under s 36
(1) On hearing an application for review under section 93, the Magistrates
Court must, by order—
(a) dismiss the application; or
(b) confirm the original order; or
(c) set aside the original order and—
(i) make a new interim order; and
(ii) set a new return date for the application for the interim order to
become final.
Note See s 29 for the grounds for making interim orders.
(2) If the Magistrates Court makes a new interim order, section 36
applies to the order.
95 Review
of consent orders
(1) A party to a proceeding may apply to the Magistrates Court for a
review of a consent order (the original order) only on the ground
that the making of the original order was induced or affected by fraud or
duress, other than fraud of the party or duress applied by the party.
(2) On application for the review, the Magistrates Court
may—
(a) amend the original order or declare the original order void;
or
(b) refuse to amend the original order or declare the original order void;
or
(c) make any order that could have been made on the application in
relation to which the original order was made instead of the original
order.
The following decisions under this Act are appealable:
(a) the making, amending or revoking of a protection order, other than an
interim order or emergency order, by the Magistrates Court;
(b) the refusal of the court to make, amend or revoke a protection order,
other than an interim order or an emergency order;
(c) a decision mentioned in section 95 made on the review of a consent
order.
97 When
can someone appeal to Supreme Court?
(1) A person may appeal to the Supreme Court against an appealable
decision if the person was a party to the proceeding in which the decision was
made.
(2) The person must file a notice of appeal (the notice of
appeal) with the Supreme Court not later than 21 days
after—
(a) if the appealable decision was the making or amending of a protection
order and the respondent was not present when the protection order was made or
amended—the day the protection order or amendment is served on the
respondent; or
(b) in any other case—the date of the order.
(3) However, the Supreme Court may allow a person to file a notice of
appeal after the period mentioned in subsection (2) if satisfied that it is
appropriate to do so.
98 Giving
notice of appeal
As soon as practicable after filing the notice of appeal, the appellant
must—
(a) file a copy of the notice in the office of the Magistrates Court;
and
(b) serve a copy of the notice on each other party to the proceeding from
which the appeal arose.
Note For service of the notice, see pt 8 (Service of non-emergency
protection orders).
In an appeal, the Supreme Court must consider the evidence given in the
proceeding from which the appeal arose, and has power to draw inferences of fact
and, in its discretion, to receive further evidence.
100 Powers
of Supreme Court on appeal
On an appeal, the Supreme Court may—
(a) confirm, reverse or amend the decision or order appealed from;
or
(b) make the decision or order that, in all the circumstances, it
considers appropriate, or refuse to make an order; or
(c) set aside the decision or order appealed from, completely or partly,
and remit the proceedings to the Magistrates Court for further hearing, subject
to the directions the Supreme Court considers appropriate.
101 Effect
of filing appeal
The filing of an appeal against the making or amending of an order under
this Act does not affect the operation of the order appealed
against.
Part
12 Reciprocal
arrangements
In this part:
recognised court means a court of a State, another Territory
or New Zealand that may make a recognised order.
recognised order means an order, under a law of a State,
another Territory or New Zealand, that corresponds to a protection
order.
registered order—
(a) means a recognised order registered under section 104
(Registration of recognised orders) or section 108 (Amendment of recognised
orders); and
(b) includes a registered order amended as if it were a final
order.
103 Applications
for registration of recognised orders
(1) A person may apply to the registrar for registration of a recognised
order.
Note If a form is approved under the Court Procedures Act
2004 for an application under this section, the form must be used.
(2) The application must be accompanied by the recognised order or a
certified copy of the recognised order.
104 Registration
of recognised orders
(1) On receiving an application under section 103 for registration of a
recognised order, the registrar must register the order.
(2) If the registrar registers a recognised order, the registrar
must—
(a) give the chief police officer a copy of—
(i) the application for registration; and
(ii) the registered order; and
(b) tell the recognised court, in writing, that the order has been
registered.
Note Under the Electronic Transactions Act 2001, s 8 (1),
information required to be in writing may be given electronically in certain
circumstances.
105 Effect
of registration
A registered order—
(a) is enforceable in the ACT as if it were a final order that had been
personally served on the respondent; and
(b) may be amended or revoked in the same way as a final order.
106 Amendment
of registered orders
If a registered order is amended under this Act, the registrar must tell
the recognised court that made the order, in writing, about the
amendment.
Note Under the Electronic Transactions Act 2001, s 8 (1),
information required to be in writing may be given electronically in certain
circumstances.
107 Revocation
of registered orders
(1) This section applies if a recognised court tells the registrar that a
registered order has been revoked.
(2) The registrar must—
(a) cancel the registration of the registered order; and
(b) tell the chief police officer and the person for whose benefit the
recognised order was registered about the cancellation.
108 Amendment
of recognised orders
(1) This section applies if a recognised court tells the registrar that a
recognised order (the original order) registered under this part
has been amended.
(2) The registrar must—
(a) cancel the registration of the original order; and
(b) register the recognised order (the amended order) as
amended.
(3) The amended order takes effect on the cancellation of the registration
of the original order.
(4) If a breach of the original order that is not enforced before the
original order is cancelled would amount to a breach of the amended order, the
breach may be enforced as if it were a breach of the amended order.
109 Notification
by interstate court of registration
(1) This section applies if—
(a) a recognised court tells the Magistrates Court that it has registered
a protection order; and
(b) the Magistrates Court amends or revokes the order.
(2) The Magistrates Court must—
(a) tell the recognised court, in writing, that the order has been amended
or revoked; and
(b) if the order has been amended—give the recognised court a copy
of the order as amended.
Note Under the Electronic Transactions Act 2001, s 8 (1),
information required to be in writing may be given electronically in certain
circumstances.
110 Evidence
of registered orders
(1) A registered order is admissible in evidence in a court by the
production of a copy of the registered order certified as a true copy by the
registrar.
(2) The copy is evidence of the matters stated in the registered
order.
Part
13 Public access and
publication
111 Publication
of reports about proceedings—offence
(1) A person commits an offence if—
(a) the person publishes (completely or partly) an account or report of a
proceeding on an application for a protection order; and
(b) the account or report—
(i) identifies a party to the proceeding; or
(ii) identifies a person who is related to, or associated with, a party to
the proceeding or is, or is claimed to be, in any other way concerned in the
matter to which the proceeding relates; or
(iii) identifies a witness to the proceeding; or
(iv) allows the identity of a person mentioned in subparagraph (i),
(ii) or (iii) to be worked out.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Note Section 112 contains exceptions to an offence under s
(1).
(2) In this section:
publish means communicate or disseminate information in a way
or to an extent that makes it available to, or likely to come to the notice of,
the public or a section of the public or anyone else not lawfully entitled to
the information.
112 Publication
of reports about proceedings—exceptions to offence
(1) Section 111 does not prevent a party to a proceeding on an application
for a protection order from telling someone else about the contents of a
protection order made in the proceeding.
(2) Section 111 does not prevent the publication of an account or report
of a proceeding on an application for a protection order if the publication is a
permitted publication about proceedings mentioned in schedule 2, section
2.2.
(3) The Magistrates Court may make an order allowing circulation of, or a
magistrate may give permission to circulate, information the publication of
which would otherwise contravene section 111 (1) only if satisfied
that—
(a) it is in the public interest; or
(b) it will promote compliance with the protection order; or
(c) it is necessary or desirable for the proper functioning of this
Act.
113 Deciding
application if criminal proceedings
The power of the Magistrates Court or a judicial officer to make a
protection order in relation to a person may be exercised even if the person has
been charged with, or convicted or found guilty of, an offence arising out of
the same conduct as that out of which the application under this Act
arose.
114 Crimes
Act, s 397 (1)
This Act does not affect the operation of the Crimes Act 1900,
section 397 (1) (which deals with the making of recognisances to keep the
peace).
115 Working
out time if less than 5 days
If a period of less than 5 days is prescribed under this Act, the period is
to be worked out ignoring any day when the Magistrates Court is not open for
business.
116 Directions
about procedure
(1) If the procedure for taking a step in a proceeding is not prescribed
under this Act, the Chief Magistrate may give directions about the procedure to
be followed for the step.
(2) A direction is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) If the procedure for taking a step in a proceeding is not prescribed
under this Act (including under a direction mentioned under subsection (1)), the
Magistrates Court may give directions about the procedure to be followed in
relation to the step.
117 Recovery
of certain expenses
(1) This section applies if the Magistrates Court is satisfied
that—
(a) an application is frivolous, vexatious or has not been made honestly;
and
(b) someone (the person put to expense) other than the
applicant has reasonably incurred expenses in relation to the proceeding on the
application.
(2) The Magistrates Court may order the applicant to pay to the person put
to expense an amount, not more than the expenses incurred, that the court
considers reasonable.
(3) The amount stated in the order—
(a) is a debt owed by the applicant to the person put to expense;
and
(b) is a judgment debt enforceable in accordance with the rules under the
Court Procedures Act 2004 applying in relation to the civil jurisdiction
of the Magistrates Court.
(4) For this section:
expenses incurred, by someone in a proceeding, include fees
payable by the person to a lawyer in relation to the proceeding.
118 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) A regulation may deal with the following:
(a) the admissibility of evidence in proceedings;
(b) when and how warrants may be issued;
(c) what parties may be joined in proceedings, and how they may be
joined;
(d) when orders are made;
(e) service;
(f) discontinuance and withdrawal of proceedings;
(g) the particulars parties are required to plead in proceedings,
generally and in relation to particular claims or defences;
(h) how particulars must be pleaded and when further or better particulars
must be given;
(i) interlocutory proceedings, including the following:
(i) how interlocutory applications may be made and heard;
(ii) how documents in proceedings may be amended;
(iii) how proceedings may be summarily stayed or dismissed;
(iv) how admissions may be made;
(v) the making, filing and answering of interrogatories;
(vi) how discovery may be applied for and made;
(vii) the inspection of documents;
(j) how witnesses may be summoned;
(k) the powers of the Magistrates Court in relation to making decisions
and when decisions take effect;
(l) the powers of the Magistrates Court to set aside orders;
(m) the jurisdiction of the registrar and deputy registrars;
(n) when costs may be ordered and how they may be recovered.
(3) A regulation may set out the procedures to be followed under this Act,
including procedures in relation to the following:
(a) the holding of preliminary conferences;
(b) representation, including—
(i) the appointment of litigation guardians; and
(ii) how respondents may defend actions;
(c) the adjournment, staying, dismissal or postponement of
proceedings;
(d) hearings;
(e) giving judgment.
(4) A regulation may create offences and fix maximum penalties of not more
than 10 penalty units for the offences.
In this part:
commencement day means the day this Act commences.
repealed Act means the Domestic Violence and Protection
Orders Act 2001.
(1) The following legislation is repealed:
• Domestic Violence and Protection Orders Act 2001
(A2001-89);
• Domestic Violence and Protection Orders Regulation 2002
(SL2002-6).
(2) All other legislative instruments under the Domestic Violence and
Protection Orders Act 2001 (A2001-89) are repealed.
202 Construction
of outdated references
(1) In any Act, instrument made under an Act or a document, a reference to
the repealed Act is, in relation to anything to which this Act applies, a
reference to this Act.
(2) In any Act, instrument made under an Act or a document, a reference to
a provision of the repealed Act is, in relation to anything to which this Act
applies, a reference to the corresponding provision of this Act.
(3) In any Act, instrument made under an Act or a document, a reference to
anything that is no longer applicable because of the repeal or amendment of the
repealed Act by this Act and for which there is a corresponding thing under this
Act, is taken to be a reference to the corresponding thing under this Act, if
the context allows and if otherwise appropriate.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
203 Applications
for protection orders made but not heard under repealed Act
(1) This section applies if—
(a) an application for a protection order was made under the repealed Act;
and
(b) immediately before the commencement day, the Magistrates Court had not
begun hearing the application.
(2) The application is taken to be an application for a protection order
under this Act.
204 Proceedings
begun under repealed Act
(1) This section applies to a proceeding on an application for a
protection order begun, but not decided, before the commencement day.
(2) The proceeding is taken to be a proceeding on an application for a
protection order under this Act.
(3) If a step that should have been taken under this Act has not been
taken because the proceeding was begun under the repealed Act—
(a) the proceeding is not affected; and
(b) the Magistrates Court may take the steps it considers appropriate to
decide the application that is the subject of the proceeding, to the extent
practicable, in accordance with this Act.
205 Application
for amendment or revocation under repealed Act
(1) This section applies to an application under the repealed Act,
section 13 (Who may apply to amend or revoke protection order?) to amend or
revoke a protection order made, but not decided, before the commencement
day.
(2) The application is taken to be an application under this Act,
section 91 (1) (Application for review of particular final
orders).
206 Application
by respondent for leave to apply for amendment or revocation under repealed
Act
(1) This section applies to an application by a respondent under the
repealed Act, section 30A (Application by respondent for leave to apply for
amendment or revocation) for leave to apply for amendment or revocation of a
protection order.
(2) The application is taken to be an application under this Act,
section 91 (3) (Application for review of particular final
orders).
207 Existing
protection orders under repealed Act
A protection order in force under the repealed Act immediately before the
commencement day is taken to be a protection order made under this
Act.
208 Review
of consent orders under repealed Act
(1) This section applies if—
(a) a party to a proceeding applied to the Magistrates Court under the
repealed Act, section 77 (Review of consent orders) for review of a consent
order; and
(b) immediately before the commencement day, the Magistrates Court had not
begun hearing the application.
(2) The application is taken to be an application under section 95 (Review
of consent orders).
209 Appeals
under repealed Act
(1) This section applies if—
(a) a person filed a notice of appeal in the Supreme Court under the
repealed Act, section 79 (When can someone appeal to the Supreme Court?);
and
(b) immediately before the commencement day, the Supreme Court had not
begun hearing the appeal.
(2) The notice of appeal is taken to be a notice under section 97 (When
can someone appeal to the Supreme Court?).
210 Protection
of proceedings under repealed Act
(1) A proceeding to which the repealed Act, section 100 (Restriction on
publication of reports about proceedings) applied immediately before the
commencement day is taken to be a proceeding to which section 111 (Publication
of reports about proceedings—offence) of this Act applies.
(2) Subsection (1) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
211 Application
for registration of recognised order under repealed Act
(1) This section applies if—
(a) a person had applied under the repealed Act, section 85 (Application
for registration of recognised order); and
(b) immediately before the commencement day, the registrar had not
registered the order or taken any other action required under that Act, section
85 (2).
(2) The application is taken to have been made under section 103
(Applications for registration of recognised orders).
212 Registration
of recognised orders under repealed Act
A registered order in force under the repealed Act, section 84 (Definitions
for pt 9) immediately before the commencement day is taken to be a registered
order under section 102 (Definitions—pt 12).
213 Amendment
or revocation of recognised order under repealed Act
(1) This section applies if—
(a) a recognised court told the registrar that a recognised order
registered under the repealed Act, part 9 (Reciprocal arrangements) had been
amended or revoked; and
(b) immediately before the commencement day, the registrar had not taken
action under the repealed Act in relation to the information.
(2) The registrar must take action under this Act as if the registrar had
been told the information after the commencement day.
214 Amendment
or revocation of recognised order by Magistrates Court under repealed
Act
(1) This section applies if, immediately before the commencement
day—
(a) a recognised court had told the Magistrates Court that it had
registered a protection order; and
(b) the Magistrates Court had amended or revoked the order
but—
(i) had not told the recognised court that the order was amended or
revoked; or
(ii) if the order was amended, had not given the recognised court a copy
of the order as amended.
(2) The Magistrates Court must take action in relation to the amendment or
revocation as if it had happened after the commencement day.
215 Transitional
regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this part (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this part.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act.
This part expires 1 year after the day it commences.
217 Legislation
amended—sch 3
This Act amends the legislation mentioned in schedule 3.
Schedule
1 Domestic violence offences against
other legislation
(see s 13 (2))
In this schedule:
Crimes Act means the Crimes Act 1900.
Firearms Act means the Firearms Act 1996.
Public Order Act means the Public Order (Protection of
Persons and Property) Act 1971 (Cwlth).
RT (S and TM) Act means the Road Transport (Safety and
Traffic Management) Act 1999.
1.2 Domestic
violence offences against other legislation
Table 1.2
column 1
item
|
column 2
legislation
|
column 3
provision
|
column 4
description of offence
|
1
|
Crimes Act
|
12
|
murder
|
2
|
Crimes Act
|
15
|
manslaughter
|
3
|
Crimes Act
|
19
|
intentionally inflicting grievous bodily harm
|
4
|
Crimes Act
|
20
|
recklessly inflicting grievous bodily harm
|
5
|
Crimes Act
|
21
|
wounding
|
6
|
Crimes Act
|
22
|
assault with intent to commit certain indictable offences
|
7
|
Crimes Act
|
23
|
inflicting actual bodily harm
|
8
|
Crimes Act
|
24
|
assault occasioning actual bodily harm
|
9
|
Crimes Act
|
25
|
causing grievous bodily harm
|
10
|
Crimes Act
|
26
|
common assault
|
11
|
Crimes Act
|
26A
|
common assault—summary offence
|
12
|
Crimes Act
|
27
|
acts endangering life etc
|
13
|
Crimes Act
|
28
|
acts endangering health etc
|
14
|
Crimes Act
|
29
|
culpable driving of motor vehicle
|
15
|
Crimes Act
|
30
|
threat to kill
|
16
|
Crimes Act
|
31
|
threat to inflict grievous bodily harm
|
17
|
Crimes Act
|
32 (1) (a)
|
make demand with threat to kill or inflict grievous bodily harm
|
18
|
Crimes Act
|
32 (2) (a)
|
make demand with threat to endanger health etc
|
19
|
Crimes Act
|
33
|
possession of object with intent to kill etc
|
20
|
Crimes Act
|
34
|
forcible confinement
|
21
|
Crimes Act
|
35
|
stalking
|
22
|
Crimes Act
|
37
|
abduction of young person
|
23
|
Crimes Act
|
38
|
kidnapping
|
24
|
Crimes Act
|
51
|
sexual assault in the first degree
|
25
|
Crimes Act
|
52
|
sexual assault in the second degree
|
26
|
Crimes Act
|
53
|
sexual assault in the third degree
|
27
|
Crimes Act
|
54
|
sexual intercourse without consent
|
28
|
Crimes Act
|
55
|
sexual intercourse with young person
|
29
|
Crimes Act
|
57
|
act of indecency in the first degree
|
30
|
Crimes Act
|
58
|
act of indecency in the second degree
|
31
|
Crimes Act
|
59
|
act of indecency in the third degree
|
32
|
Crimes Act
|
60
|
act of indecency without consent
|
33
|
Crimes Act
|
61
|
acts of indecency with young people
|
34
|
Crimes Act
|
62
|
incest or similar offences
|
35
|
Crimes Act
|
63
|
abduction
|
36
|
Crimes Act
|
116
|
destroying or damaging property
|
37
|
Crimes Act
|
117
|
arson
|
38
|
Crimes Act
|
151
|
forcible entry on land
|
39
|
Crimes Act
|
154 (1)
|
trespass on government premises
|
40
|
Crimes Act
|
154 (2) (a)
|
engage in unreasonable obstruction etc in relation to the use of government
premises
|
41
|
Crimes Act
|
154 (2) (b)
|
behave in an offensive or disorderly manner while in or on government
premises
|
42
|
Crimes Act
|
154 (2) (c)
|
refuse or neglect to leave government premises when directed
|
43
|
Crimes Act
|
380
|
possession of offensive weapons and disabling substances
|
44
|
Crimes Act
|
381
|
possession of offensive weapons and disabling substances with
intent
|
45
|
Crimes Act
|
392
|
offensive behaviour
|
46
|
Criminal Code
|
311
|
burglary
|
47
|
Criminal Code
|
316
|
going equipped with offensive weapon for theft etc
|
48
|
Criminal Code
|
403
|
damaging property
|
49
|
Criminal Code
|
404
|
arson
|
50
|
Criminal Code
|
405
|
causing bushfires
|
51
|
Criminal Code
|
406
|
threat to cause property damage—fear of death or serious
harm
|
52
|
Criminal Code
|
407
|
threat to cause property damage
|
53
|
Criminal Code
|
408
|
possession of thing with intent to damage property
|
54
|
RT (S and TM) Act
|
6 (1)
|
negligent driving
|
55
|
RT (S and TM) Act
|
7 (1)
|
furious reckless or dangerous driving
|
56
|
RT (S and TM) Act
|
8 (1) or (2)
|
menacing driving
|
57
|
Firearms Act
|
53
|
unregistered firearms
|
58
|
Firearms Act
|
80
|
discharge of firearms or possession endangering life
|
59
|
Public Order Act
|
11
|
offences on premises in a Territory
|
Schedule
2 Permitted publication about
proceedings
(see s 112 (2))
In this schedule:
authorised person under the Children and Young People
Act 2008—see the Children and Young People Act 2008,
dictionary.
care and protection chapters—see the Children and
Young People Act 2008, dictionary.
2.2 Permitted
publication about proceedings
Table 2.2
column 1
item
|
column 2
permitted publication about
proceedings
|
1
|
information circulated in accordance with—
(a) an order of the Magistrates Court; or
(b) the written permission of a magistrate
|
2
|
information communicated to a court or tribunal under the Family Law Act
1975 (Cwlth), section 60CF (1) or (2) (Informing court of relevant
family violence orders)
|
3
|
information given to a criminal justice entity under the Crimes
(Sentencing) Act 2005, section 136 (Information exchanges between criminal
justice entities)
|
4
|
information given to the chief executive in relation to the exercise of the
chief executive’s functions
|
5
|
information given to the chief executive responsible for, or an authorised
person under, the Children and Young People Act 2008 to allow the
chief executive to exercise the chief executive’s powers under the care
and protection chapters of that Act
|
6
|
information given to the public advocate in relation to the exercise of the
public advocate’s functions
|
7
|
a pleading, transcript of evidence or other document communicated
to—
(a) people concerned with any other proceeding in a court or tribunal for
use in relation to that proceeding; or
(b) people concerned with the disciplinary proceeding of a lawyer, for use
in relation to that proceeding; or
(c) an entity that grants legal aid, to help decide whether to provide
legal aid in a particular case
|
8
|
matter published in law reports or other technical or professional
publications
|
9
|
matter given to someone in relation to the person’s professional
practice
|
10
|
information about a party to a proceeding, or a protection order made in
the proceeding, communicated to another person, with the party’s
permission, for the purpose of organising the party’s personal
affairs
|
Schedule
3 Consequential
amendments
(see s 217)
[3.1] Section
9B (b) (iv)
substitute
(iv) an offence against the Domestic Violence and Protection Orders Act
2008, section 90 (Offence for contravention of protection order);
or
[3.2] Section
9F (6), definition of relevant person
substitute
relevant person—see the
Domestic Violence and Protection Orders Act
2008, dictionary.
Note The Domestic Violence and Protection Orders Act 2008, s
15 (1) defines a relevant person in relation to a person (the
original person) as any of the following people:
• a domestic partner of the original person (domestic
partner is defined in the Legislation Act, s 169 (1))
• a relative of the original person (relative is
defined in the Domestic Violence and Protection Orders Act 2008, s
15 (2))
• a child of a domestic partner of the original person
• a parent of a child of the original person
• someone who has or had a domestic relationship with the original
person.
[3.3] Dictionary,
definition of domestic violence offence
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
Part
3.2 Children and Young People Act
2008
[3.4] Section
457, definition of domestic violence,
paragraph (a)
substitute
(a) see the Domestic Violence and Protection Orders Act 2008,
section 13 (1); and
[3.5] Section
459 (1), note
omit
Domestic Violence and Protection Orders Act 2001,
s 40
substitute
Domestic Violence and Protection Orders Act 2008,
s 46
omit
Domestic Violence and Protection Orders Act 2001, section 13
(Who may apply to amend or revoke a protection order?)
substitute
Domestic Violence and Protection Orders Act 2008, section 91
(Application for review of particular final orders)
[3.7] Section
462 (5), example
omit
Domestic Violence and Protection Orders Act 2001, s 53
(c)
substitute
Domestic Violence and Protection Orders Act 2008, s 38
(c)
[3.8] Further
amendments, mentions of Domestic Violence and Protection Orders Act
2001
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
in
• section 457, definitions of DVPO final protection
order and DVPO interim protection order
• section 459 (3) and (4), definition of personal
violence
• section 461 (3)
• section 462
• section 834 (1) (b).
Part
3.3 Court Procedures Act
2004
[3.9] Section
15 (2) (c) (iv) (C)
substitute
(C) the Domestic Violence and Protection Orders
Act 2008;
[3.10] Section
191 (4) (b)
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
omit everything before paragraph (a), insert
(1) In enforcing an order under the Domestic Violence and Protection
Orders Act 2008, section 40 (5) (Firearms and interim orders),
section 57 (5) (Firearms and final orders) or section 80 (2) (Firearms and
emergency orders), a police officer may—
[3.12] Section
192 (5) (b)
omit
Domestic Violence and Protection Orders Act 2001, section 38,
section 57 or section 73
insert
Domestic Violence and Protection Orders Act 2008, section 40,
section 57 or section 80
[3.13] Section
212 (5), definition of domestic violence offence
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
Part
3.5 Crimes (Restorative Justice) Act
2004
[3.14] Section
12, definition of domestic violence offence
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
Part
3.6 Crimes (Sentencing) Act
2005
omit
Domestic Violence and Protection Orders Act 2001, section 9
(2)
substitute
Domestic Violence and Protection Orders Act 2008, s 13 (2)
[3.16] Dictionary,
definition of domestic violence offence
omit
Domestic Violence and Protection Orders Act 2001, section 9
(2)
substitute
Domestic Violence and Protection Orders Act 2008, section 13
(2)
Part
3.7 Dangerous Substances Act
2004
[3.17] Section
49 (2), definition of protection order
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
Part
3.8 Domestic Violence Agencies Act
1986
omit
Domestic Violence and Protection Orders Act 2001, section 9
(1)
substitute
Domestic Violence and Protection Orders Act 2008, s 13 (1)
[3.19] Dictionary,
definition of domestic violence
omit
Domestic Violence and Protection Orders Act 2001, section 9
(1)
substitute
Domestic Violence and Protection Orders Act 2008, section 13
(1)
[3.20] Dictionary,
definition of domestic violence offence
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
Part
3.9 Evidence (Miscellaneous
Provisions) Act 1991
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
[3.22] Section
40B (1), definition of sexual offence proceeding, paragraph
(c)
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
[3.23] Section
40C (1), definition of violent offence proceeding, paragraph
(c)
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
[3.24] Section
40O (1), definition of sexual offence proceeding, paragraph
(c)
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
[3.25] Section
41A (1), definition of violent offence proceeding, paragraph
(c)
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
Part
3.10 Firearms Act
1996
[3.26] Section
40A (1), note 2
omit
Domestic Violence and Protection Orders Act 2001, s 57 (Firearms and
interim orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 40 (Firearms and
interim orders)
[3.27] Section
40A (1), note 3
omit
Domestic Violence and Protection Orders Act 2001, s 73 (Firearms and
emergency orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 80 (Firearms and
emergency orders)
[3.28] Section
41 (2), note 2
omit
Domestic Violence and Protection Orders Act 2001, s 38 (Firearms and
final orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 57 (Firearms and
final orders)
[3.29] Section
42Q (1), note 2
omit
Domestic Violence and Protection Orders Act 2001, s 57 (Firearms and
interim orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 40 (Firearms and
interim orders)
[3.30] Section
42Q (1), note 3
omit
Domestic Violence and Protection Orders Act 2001, s 73 (Firearms and
emergency orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 80 (Firearms and
emergency orders)
[3.31] Section
42R (d), note 2
omit
Domestic Violence and Protection Orders Act 2001, s 38 (Firearms and
final orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 57 (Firearms and
final orders)
[3.32] Section
42ZMA (1), note 2
omit
Domestic Violence and Protection Orders Act 2001, s 57 (Firearms and
interim orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 40 (Firearms and
interim orders)
[3.33] Section
42ZMA (1), note 3
omit
Domestic Violence and Protection Orders Act 2001, s 73 (Firearms and
emergency orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 80 (Firearms and
emergency orders)
[3.34] Section
42ZN (2), note 2
omit
Domestic Violence and Protection Orders Act 2001, s 38 (Firearms and
final orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 57 (Firearms and
final orders)
[3.35] Section
42ZRA (c), note 2
omit
Domestic Violence and Protection Orders Act 2001, s 38 (Firearms and
final orders)
substitute
Domestic Violence and Protection Orders Act 2008, s 57 (Firearms and
final orders)
[3.36] Dictionary,
definition of domestic violence offence
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
[3.37] Dictionary,
definition of interim protection order, paragraph (a)
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
[3.38] Dictionary,
definition of protection order, paragraph (a)
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
Part
3.11 Firearms Regulation
1997
[3.39] Section
29 (2) (b) (xi) (B)
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
Part
3.12 Magistrates Court Act
1930
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
Part
3.13 Prohibited Weapons Regulation
1997
[3.41] Section
5 (6), definition of interim protection order
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
[3.42] Section
5 (6), definition of protection order
omit
Domestic Violence and Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2008
(see s 3)
Note 1 The Legislation Act contains definitions and other
provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• document
• domestic partner (see s 169)
• exercise
• Magistrates Court
• penalty unit (see s 133)
• police officer
• Supreme Court.
aggrieved person means—
(a) for a domestic violence order or personal protection order—a
person against whom the conduct that may be domestic or person violence has
been, or is likely to be, directed; or
(b) for a workplace order—see section 49.
amend an order includes amend the order by extending
it.
ammunition—see the Firearms Act 1996,
dictionary.
appealable decision means a decision mentioned in section
96.
application means an application for a protection order
(other than an interim order).
Note 1 As a protection order includes an order amending a protection
order, an application includes an application to amend a protection
order.
Note 2 An interim order may only be made as an interlocutory step in
a proceeding on an application for a final order, so there is not a separate
application for an interim order.
child, of a person, includes—
(a) a child who normally lives with the person; and
(b) a child for whom the person is a guardian.
Note A child is someone under 18 years old (see Legislation Act,
dict, pt 1).
child facility—see section 49.
consent order means a protection order made under section
43.
copy, in relation to a document to be served in a proceeding,
means—
(a) if the document has been entered into the record of the Magistrates
Court—a true copy sealed or stamped with the seal of the court;
or
(b) in any other case—a true copy.
disability guardian, of a person—see the
Guardianship and Management of Property Act 1991, dictionary, definition
of guardian.
domestic partner includes a former domestic
partner.
domestic violence—see section 13 (1).
domestic violence offence—see section 13 (2).
domestic violence order—see section 10 (2).
emergency order means an order under part 9, and includes an
order amending or revoking an emergency order if made outside the Magistrates
Court’s sitting hours.
employee means an individual engaged by
someone—
(a) under a contract of service; or
(b) under a contract for services; or
(c) under an apprenticeship; or
(d) under an approved training contract under the Training and Tertiary
Education Act 2003; or
(e) to work for the person as a volunteer.
employer means someone who engages an
individual—
(a) under a contract of service; or
(b) under a contract for services; or
(c) under an apprenticeship; or
(d) under an approved training contract under the Training and Tertiary
Education Act 2003; or
(e) to work as a volunteer.
family contact order, in relation to a protection order under
this Act, means an order or injunction mentioned in the Family Law
Act 1975 (Cwlth), section 68P (1) (a) that—
(a) provides for a child to spend time with a person; or
(b) expressly or impliedly requires or authorises a person to spend time
with a child.
final order means a protection order that is not an interim
order or emergency order, and includes an order amending a final
order.
firearm—see the Firearms Act 1996, section
4A.
firearms licence—see the Firearms Act 1996,
dictionary, definition of licence.
interim order means a protection order made under part 4
(Interim orders) or a consent order made as an interim order, and includes an
order (other than a final order) that amends or revokes an interim
order.
judicial officer means any of the following:
(a) a magistrate;
(b) if a regulation provides for the exercise of the Magistrate’s
Court’s jurisdiction by the registrar, the registrar;
(c) if a regulation provides for the exercise of the Magistrate’s
Court’s jurisdiction by a deputy registrar, a deputy registrar.
non-emergency protection order means a protection order,
other than an emergency order.
personal protection order—see section 11 (4).
personal violence—
(a) for this Act generally—see section 14; and
(b) for division 6.2 (Workplace orders)—see section 50.
person with a legal disability means—
(a) a child; or
(b) a person with a mental disability.
person with a mental disability, in relation to a proceeding,
means a person who is not legally competent to be a party to the proceeding
because of a mental or intellectual disability, and includes such a person even
if a disability guardian has not been appointed for the person.
protection order means a domestic violence order or a
personal protection order, and includes—
(a) an interim order; and
(b) an emergency order; and
(c) a workplace order; and
(d) an order about the seizure of a firearms licence, firearm or
ammunition; and
(e) an order amending a protection order, including an order for a
temporary amendment under section 60.
recognised court, for part 12 (Reciprocal
arrangements)—see section 102.
recognised order, for part 12 (Reciprocal
arrangements)—see section 102.
registered order, for part 12 (Reciprocal
arrangements)—see section 102.
registrar—see the Magistrates Court Act 1930,
dictionary.
relative—see section 15 (2).
relevant person—see section 15 (1).
respondent—see section 9 (1).
return date, for an application, means the day fixed by the
Magistrates Court for return of the application before the court.
sitting hours, of the Magistrates Court, means the time, on a
day when the court is open for business, between the earliest and latest times
that the court would normally sit on that day.
workplace order means an order under division 6.2 (Workplace
orders).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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