Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 21

21 .         How hearing to be conducted

        (1)         The hearing of a telephone application may be conducted by telephone, fax, radio, video conference, electronic mail or another similar method, or any combination of such methods, as the authorised magistrate considers appropriate.

        (2)         Subject to subsection (3)(b), the hearing of a telephone application is to be conducted in the absence of the respondent.

        (3)         An authorised magistrate hearing a telephone application may communicate with —

            (a)         the applicant; and

            (b)         if the authorised magistrate considers it necessary to do so, and it will not unreasonably delay the hearing, the respondent and any other person.

        (4)         An authorised magistrate to whom a telephone application is made is to make a written record of —

            (a)         the name and address of the applicant, the respondent and, if the applicant is making the application on behalf of another person, the other person; and

            (b)         whether the authorised magistrate is satisfied the criteria set out in section 20(1)(a) or (b) have been met and the reasons for that decision; and

            (c)         if the authorised magistrate is satisfied those criteria have been met, the grounds for the application; and

            (d)         the terms of any order made under section 23(1), including the day and time the order was made.

        [Section 21 amended: No. 38 of 2004 s. 18(6).]

[ 22.         Deleted: No. 38 of 2004 s. 43(3).]