Western Australian Current Acts Western Australian Current Acts (1) This section
applies to an application for an FVRO or VRO if —
(a) a
person has been convicted of —
(i)
an offence referred to in section 63(4AA)(a) (in the case
of an application for an FVRO); or
(ii)
a violent personal offence under section 63A(1A) (in the
case of an application for either order);
and
(b) an
FVRO or VRO, as appropriate in the case, has not been made against the
convicted person (including because the offence for which the person was
convicted was committed before the offence became subject to section 63(4AA)
or 63A (as the case may be)); and
(c) the
application is being made against the convicted person by or on behalf of a
victim of the offence.
(2) In the case of an
application where the person has been convicted of an offence referred to in
section 63(4AA)(a), the court is, in the absence of exceptional circumstances,
taken to have grounds for making an FVRO against the person.
(3) In the case of an
application where the person has been convicted of a violent personal offence
under section 63A(1A), the court must make an FVRO or VRO, as is appropriate
in the case, against the person.
(4) An order under
this section may be made on an ex parte application and in the absence of the
person who is to be bound by the order.
(5) Except as provided
in subsection (6), an order will be made for a period specified by the court.
(6) An order under
subsection (3) is to be made for the period of the life of the person who
committed the offence.
(7) Despite a
preceding subsection, if the relevant offence was committed by a person who
was a child at the time of the commission of the offence —
(a) a
court is not required to make an order under this section; and
(b) if a
court makes an order under this section, the order will be made for a period
specified by the court (and, in the case of a conviction for a violent
personal offence under section 63A(1A), not for the period of the life of the
person who committed the offence).
(8) The person bound
by an order under this section may apply to vary or cancel the order on the
ground that exceptional circumstances exist which justify the variation or
cancellation (as the case may be).
[Section 13A inserted: No. 30 of 2020 s. 57.]
[Heading inserted: No. 49 of 2016 s. 22; amended:
No. 30 of 2020 s. 58; No. 13 of 2022 s. 80.]