Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 20

20 .         When telephone application may be heard

        (1)         An authorised magistrate may hear a telephone application if the authorised magistrate is satisfied that —

            (a)         it would not be practical for an application for an FVRO or VRO to be made in person because of —

                  (i)         the time when, or the location at which, the behaviour complained of occurred, is occurring or is likely to occur; or

                  (ii)         the urgency with which the order is required;

                or

            (b)         there is some other factor that justifies making an FVRO or VRO as a matter of urgency and without requiring the applicant to appear in person before a court.

        (2)         If an authorised magistrate is not satisfied of those matters, the authorised magistrate is to dismiss the application.

        (3)         The dismissal of a telephone application under subsection (2), or the failure by a police officer to make a police order, does not prevent an application for an FVRO or VRO being made in person in relation to the same facts.

        [Section 20 amended: No. 38 of 2004 s. 18(5); No. 49 of 2016 s. 29.]