Western Australian Current Acts Western Australian Current Acts (1) An application for
an FVRO may be made by —
(a) the
person seeking to be protected, if the person is 16 years of age or older; or
(b) a
police officer on behalf of the person seeking to be protected, regardless of
the age of the person.
(2) An application for
an FVRO may also be made —
(a) if
the person seeking to be protected is a child, by a parent or guardian of the
child, or a child welfare officer, on behalf of the child; or
(b) if
the person seeking to be protected is a person for whom a guardian has been
appointed under the Guardianship and Administration Act 1990 , by the
guardian on behalf of the person; or
(c) if
the regulations so provide, by a person acting on behalf of another person in
circumstances prescribed by the regulations for the purposes of this
paragraph.
(2A) In connection
with the operation of subsections (1) and (2) —
(a) an
application by a police officer under subsection (1)(b) is taken to have been
made in the name of the Commissioner of Police; and
(b) an
application by a child welfare officer under subsection (2)(a) will be taken
to have been made in the name of the CEO (child welfare); and
(c) an
application by a guardian under subsection (2)(b) will be taken to have been
made in the name of the Public Advocate; and
(d) if
the regulations so provide, an application by a person under subsection (2)(c)
will, in circumstances prescribed by the regulations, be taken to have been
made in the name of an officer or authority prescribed by the regulations.
(3) An application for
an FVRO is to be made in accordance with the rules of court (using, if the
rules of court so require, the prescribed form) to —
(a) if
the respondent is a child, the Children’s Court; or
(b) if
the respondent is not a child and the person seeking to be protected is a
child, the Children’s Court or the Magistrates Court; or
(c)
otherwise, the Magistrates Court.
[Section 24A inserted: No. 49 of 2016 s. 30;
amended: No. 13 of 2020 s. 34.]