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RESTRAINING ORDERS ACT 1997


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Terms used: family relationship and family member
            
   5.      Term used: family order
            
   5A.     Term used: family violence
            
   6.      Term used: personal violence
            
   6A.     Term used: exposed
            
   7.      Persons protected, and bound, by order to be natural persons
            
   7A.     Orders under this Act imposing restraints
            
   8A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

   PART 1A -- Restraining orders generally  

   8.      Explanation about orders to be given
            
   9.      Fixing a hearing
            
   10.     Preparation and service of orders

   PART 1B -- Family violence restraining order  

   10A.    Objects
            
   10B.    Principles to be observed in performing functions in relation to FVROs
            
   10C.    FVRO to specify names of person bound, and person protected, by order
            
   10D.    When FVROs may be made
            
   10E.    FVRO may be made for child in circumstances of family violence
            
   10F.    Matters to be considered by court generally
            
   10G.    Restraints on respondent
            
   10H.    Conduct agreement

   PART 1C -- Behaviour management order

           Division 1 -- Preliminary  

   10I.    Terms used
            
   10J.    Objects
            
   10K.    Application of Part

           Division 2 -- Eligibility assessment order  

   10L.    Making an eligibility assessment order
            
   10M.    Order to attend behaviour change programme
            
   10N.    Effect of appeal against final order

           Division 3 -- Procedures relating to behaviour management order  

   10O.    Notice of hearings
            
   10P.    Approval of persons and of behaviour change programme
            
   10Q.    Eligibility assessor may be required to attend hearing
            
   10R.    Disputed eligibility assessment report
            
   10S.    Explanation of behaviour management orders
            
   10T.    Variation or cancellation of behaviour management orders
            
   10U.    Service of orders

           Division 4 -- Other matters  

   10V.    Respondent’s participation in behaviour change programme
            
   10W.    Respondent’s contravention of behaviour management order
            
   10X.    Confidentiality of interviews and reports
            
   10Y.    Confidentiality of behaviour change programme
            
   10Z.    Delegation

   PART 2 -- Violence restraining order  

   11.     VRO to specify names of person bound, and person protected, by order
            
   11A.    When VROs may be made
            
   12.     Matters to be considered by court generally
            
   12A.    VROs not for persons in family relationship
            
   13.     Restraints on respondent

   PART 2A -- Provisions for FVRO and VRO

           Division 1 -- Orders relating to firearms  

   14.     Firearms order

           Division 1A -- Duration of orders  

   16.     Duration of FVRO or VRO generally
            
   16A.    Duration of FVRO
            
   16B.    Duration of VRO

           Division 2 -- Telephone applications  

   17.     Authorised magistrates
            
   18.     Who can apply
            
   19.     How to make telephone application
            
   20.     When telephone application may be heard
            
   21.     How hearing to be conducted
            
   23.     Orders at telephone hearing
            
   24.     Telephone order to be prepared and served

           Division 3 -- Applications in person to a court  

   24A.    Application for FVRO
            
   25.     Application for VRO
            
   26.     Applicant to choose whether to have hearing in absence of respondent
            
   27.     Attendance at hearing in absence of respondent
            
   28.     Affidavit evidence
            
   29.     Order at hearing in absence of respondent
            
   30.     Order to be prepared and served

           Division 3A -- Police officers may make police orders where family violence  

   30A.    When police order may be made
            
   30B.    Matters to be considered by police officer generally
            
   30C.    Restraints that may be imposed
            
   30D.    Police orders against children
            
   30E.    Police order to be served and explained
            
   30F.    Duration of police orders
            
   30H.    Order not to be renewed by police officer
            
   30I.    Review of Division

           Division 4 -- Procedure when interim order made  

   31A.    Term used: respondent
            
   31.     21 days for respondent to object
            
   32.     Respondent does not object to final order being made
            
   33.     Respondent objects to final order being made

   PART 3 -- Misconduct restraining order  

   34.     Grounds for misconduct restraining order
            
   35.     Matters to be considered by court generally
            
   35A.    MROs not for persons in family relationship
            
   36.     Restraints on respondent
            
   37.     Duration of MRO
            
   38.     Application for MRO
            
   39.     Registrar to fix hearing and issue summons

   PART 4 -- Hearings and evidence

           Division 1 -- Mention hearings  

   40.     Attendance at hearing
            
   41.     Consent order or final order hearing to be fixed

           Division 2 -- Final order hearings  

   42.     Attendance at final order hearing
            
   43.     Making final order
            
   43A.    Decision under s. 42 in default of appearance may be set aside
            
   44.     Order to be prepared and served

           Division 3 -- Evidence  

   44A.    Rules of evidence not to apply in certain circumstances
            
   44B.    Access to affidavit evidence
            
   44C.    Cross-examination of certain persons

   PART 5 -- Variation or cancellation  

   45.     Application
            
   45A.    Application by CEO (child welfare)
            
   46.     Leave hearing
            
   47.     Registrar to issue summons
            
   48.     Attendance at hearing
            
   48A.    Ex parte application to cancel order by person protected by order
            
   49.     Variation or cancellation
            
   49A.    Correcting minor errors in restraining orders
            
   49B.    Matters to be considered by court generally

   PART 6 -- General

           Division 1 -- Children  

   50.     No restraining orders against children under 10
            
   50A.    Restraining order against child not to exceed 6 months
            
   50B.    Child welfare laws not affected
            
   50C.    CEO (child welfare) to be notified before certain FVROs or VROs are made
            
   50D.    Intervention by CEO (child welfare)
            
   51.     Responsible adult to attend
            
   52.     Transfer between courts
            
   53.     Telephone order made against child
            
   53A.    Children not to give oral evidence without leave of court, other than in Children’s Court
            
   53B.    Evidence of children
            
   53C.    Child who gives evidence entitled to support
            
   53D.    Cross-examination of child by unrepresented person
            
   53E.    Admissibility of evidence of representations made by children
            
   53F.    Summonsing of children
            
   53G.    Arrangements for care and wellbeing of children bound by restraining orders

           Division 2 -- Service  

   54.     Service of summons
            
   55.     Service of restraining order
            
   56.     Delivery or notification
            
   57.     Copy of document sufficient for service
            
   58.     Proof of service
            
   59.     Service of restraining order, certain people to be notified of
            
   60.     Substituted service

           Division 3 -- Breach of restraining order or police order  

   61.     Breach of restraining order
            
   61A.    Penalty for repeated breach of restraining order
            
   61B.    Protected person aiding breach of restraining order or police order
            
   61C.    Report under s. 10V to be considered in sentencing for breach of FVRO
            
   62.     Defence

           Division 3A -- Police functions  

   62A.    Investigation of suspected family violence
            
   62B.    Entry and search of premises if family violence suspected
            
   62C.    Action to be taken by police officer after investigating suspected family violence
            
   62D.    Approval of senior officer
            
   62E.    Seizure of firearms
            
   62F.    Detention of respondent during telephone hearing or while police order is being made
            
   62G.    Police officer may conduct hearing for applicant

           Division 4 -- General  

   63.     Making restraining orders during other proceedings
            
   63A.    FVRO or VRO made if certain violent personal offences committed
            
   63B.    Circumstances to be taken into account when sentencing for certain offences
            
   63C.    Criminal and civil liability not affected by restraining orders
            
   63D.    Court to give reasons for certain decisions
            
   64.     Appeals
            
   65.     Orders not to conflict with certain family orders
            
   66.     Notification of family orders
            
   67.     Adjournments
            
   68.     Orders may be extended to apply to other people
            
   69.     Costs
            
   70.     Information on identity of certain person restricted
            
   70A.    Exchange of information
            
   71.     Notification when firearms order made
            
   72.     Practice and procedure generally
            
   72A.    Forms
            
   73.     Regulation making power
            
   73A.    Review of certain amendments relating to FVROs

   PART 7 -- Interstate restraining orders  

   74.     Terms used
            
   74A.    Interstate DVOs under Domestic Violence Orders (National Recognition) Act 2017 cannot be registered
            
   74B.    Interstate orders registered before commencement of Domestic Violence Orders (National Recognition) Act 2017
            
   75.     Application for registration of interstate order
            
   76.     Registration
            
   77.     Effect of registration
            
   78.     Variation or cancellation in another State or Territory
            
   79.     Variation or cancellation in this State

   PART 7A -- Foreign restraining orders  

   79A.    Recognition of foreign restraining orders
            
   79B.    Applying for registration of foreign restraining orders
            
   79C.    Registration of foreign restraining orders
            
   79D.    Effect of registration
            
   79E.    Variation or cancellation in foreign country
            
   79F.    Variation or cancellation in this State
            
           Provisions that have not come into operation
           Defined terms
           Compilation table


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