Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 12

12 .         Matters to be considered by court generally

        (1)         When considering whether to make a VRO and the terms of the order a court is to have regard to the following —

            (a)         the need to ensure that the person seeking to be protected is protected from personal violence;

            (b)         the need to prevent behaviour that could reasonably be expected to cause the person seeking to be protected to apprehend that they will have personal violence committed against them;

            (c)         the need to ensure the wellbeing of children by protecting them from personal violence, behaviour referred to in paragraph (b) or otherwise being exposed to personal violence;

            (d)         the accommodation needs of the respondent and the person seeking to be protected;

            (da)         the past history of the respondent and the person seeking to be protected with respect to applications under this Act, whether in relation to the same act or persons as are before the court or not;

            (e)         hardship that may be caused to the respondent if the order is made;

        [(f)         deleted]

            (g)         other current legal proceedings involving the respondent or the person seeking to be protected;

            (h)         any criminal convictions of the respondent;

                  (i)         any previous similar behaviour of the respondent whether in relation to the person seeking to be protected or otherwise;

            (j)         other matters the court considers relevant.

        (2)         A court is to have regard to the matters set out in subsection (1)(a), (b) and (c) as being of primary importance.

        (3)         In having regard to the matters set out in subsection (1)(da), a past history of applications under this Act is not to be regarded in itself as sufficient to give rise to any presumption as to the merits of the application.

        (4)         The Commissioner of Police, is, where practicable, to provide to a court any information in the possession of the Police Force of Western Australia referred to in subsection (1)(h) or (i) that is relevant to a matter before the court.

        (5)         The information is to be provided in the form of a certificate signed by —

            (a)         a police officer of or above the rank of sergeant; or

            (b)         a person —

                  (i)         employed or engaged in the department of the Public Service principally assisting the Minister in the administration of the Police Act 1892 ; and

                  (ii)         approved by the Commissioner of Police for the purposes of this subsection.

        (6)         The certificate is prima facie evidence of the matters specified in it, without proof of the signature of the person purporting to have signed it or proof that the purported signatory was a police officer of or above the rank of sergeant or a person referred to in subsection (5)(b), as the case requires.

        (7)         In addition to subsections (3) to (6), the court may have regard to any of its own records for the purposes of subsection (1).

        (8)         Records referred to in subsection (7) are taken to be proof of their contents in the absence of evidence to the contrary.

        [Section 12 amended: No. 38 of 2004 s. 12, 54, 55, 56 and 57(5); No. 32 of 2011 s. 4; No. 49 of 2016 s. 19.]