Western Australian Current Acts Western Australian Current Acts (1) In this Act unless
the contrary intention appears —
affidavit includes an electronic declaration made
in accordance with the rules of court;
application means an application made under this
Act or the Domestic Violence Orders (National Recognition) Act 2017 ;
assault includes an assault within the meaning of
The Criminal Code ;
authorised magistrate means a magistrate
authorised under section 17(1)(a);
authorised person means a police officer or a
person who is, or who is in a class of persons that is, prescribed in the
regulations for the purposes of this definition;
CEO (child welfare) means the CEO within the
meaning of the Children and Community Services Act 2004 ;
child means a person under 18 years of age;
child welfare officer means —
(a) the
CEO as defined in section 3 of the Children and Community Services Act 2004 ;
or
(b) a
person who is an authorised officer for the purposes of section 37 of that
Act;
Commissioner of Police means the person holding or
acting in the office of Commissioner of Police under the Police Act 1892 ;
conduct agreement order has the meaning given in
section 10H(1);
consent order means an order made under
section 41(1) or 43(2);
corresponding law , in relation to another State
or Territory or a foreign country, means a law of that State, Territory or
country that empowers a court of that State, Territory or country to make
orders (however described) having an effect that is the same as or similar to
the effect of restraining orders made under this Act;
court includes an authorised magistrate;
cyber-stalking , in relation to a person, means
stalking, monitoring the movement or communications of, or repeatedly
communicating with or harassing, the person using electronic means;
distributes has the meaning given in The Criminal
Code section 221BA;
explosive means a substance or an article that is
controlled as an explosive under the Dangerous Goods Safety Act 2004 ;
explosives licence means a licence, permit or
authorisation to hold an explosive under the Dangerous Goods Safety Act 2004
;
exposed , in relation to family violence or
personal violence, has the meaning given in section 6A(1);
family court proceedings means proceedings under
the Family Law Act 1975 (Commonwealth) or the Family Court Act 1997 ;
family member has the meaning given in
section 4(3);
family order has the meaning given in section 5;
family violence has the meaning given in
section 5A(1);
family violence restraining order means an order
made under this Act imposing restraints of the kind referred to in section
10G;
final order means any of the following —
(a) in
relation to an FVRO, a conduct agreement order;
(b) in
relation to a VRO or MRO, a consent order;
(c) a
restraining order that becomes a final order under section 32;
(d) a
restraining order made under section 40(3);
(e) a
restraining order made at a final order hearing;
(f) a
restraining order made under section 49(1)(b) to vary a final order, being a
replacement or additional final order made under that section;
(g) a
restraining order that is a final order under section 63(4a) or 63A(3);
final order hearing means a hearing fixed under
section 33(1), 40(3), 41(4) or 43A(7)(b);
firearm item means any of the following as defined
in the Firearms Act 1973 section 4 —
(a) a
firearm;
(b) a
major firearm part;
(c) a
prohibited firearm accessory;
(d)
ammunition;
firearms authorisation means —
(a) a
licence issued, permit granted or approval given, under the Firearms Act 1973
, entitling a person to be in possession of a firearm item; or
(b) an
Extract of Licence (as defined in section 4(1) of that Act) issued in respect
of a licence, permit or approval referred to in paragraph (a); or
(c) any
other Extract of Licence under that Act;
fix a hearing has the meaning given in section 9;
foreign restraining order means an order (however
described) made by a court of a foreign country under a corresponding law of
the country;
imagined personal relationship means a
relationship where one person claims to have, or have had, an intimate
personal relationship, or other personal relationship, with another person but
that other person disagrees with that claim;
interim order means a telephone order or an order
made under section 29(1)(a), 43A(7)(a) or 63(4b), the duration of which is
more than 72 hours;
intimate image has the meaning given in The
Criminal Code section 221BA;
kidnapping, or depriving the liberty of a person
includes behaving towards the person in a manner described in The Criminal
Code section 332;
mention hearing means a hearing fixed under
section 23(2), 26(3), 29(2) or 39;
misconduct restraining order means an order made
under this Act imposing restraints of the kind referred to in section 36;
person protected means a person named in an order
made under this Act as a person for whose benefit the order is made;
person seeking to be protected means —
(a) the
person who has applied for a restraining order; or
(b) if
an application for a restraining order has been made on behalf of another
person, the person on behalf of whom the application is made;
person who is bound , in relation to an order made
under this Act, means the person named in the order on whose lawful activities
and behaviour restraints are imposed by the order;
personal violence has the meaning given in
section 6;
police order means an order made by a police
officer under Part 2 Division 3A;
prepare and serve has the meaning given in
section 10;
prescribed form means a form prescribed in rules
of court;
proceedings under this Act means —
(a) the
hearing of an application; or
(b)
proceedings for an offence against this Act;
property , in relation to a person, means property
—
(a)
owned by the person; or
(b) in
the care or custody of the person; or
(c) used
or enjoyed by the person, or available for the person’s use or
enjoyment; or
(d) at
premises where the person lives or works;
Public Advocate means the person holding or acting
in the office of Public Advocate under the Guardianship and Administration
Act 1990 ;
registered , in relation to a foreign restraining
order, means registered under section 79C;
registrar means the registrar of the relevant
court;
respondent means the person against whom a
restraining order is sought;
restraining order means an FVRO, MRO or VRO;
satisfied means satisfied on the balance of
probabilities;
sexual assault includes an offence under The
Criminal Code Chapter XXXI;
specified in relation to a restraining order,
means specified in the order;
stalking , a person, includes committing an
offence under The Criminal Code Chapter XXXIIIB against the person;
telephone application means an application under
Division 2 for an FVRO or VRO;
telephone order means an FVRO or VRO made on a
telephone application;
violence restraining order means an order made
under this Act imposing restraints of the kind referred to in section 13;
wellbeing has the same meaning as in the
Children and Community Services Act 2004 .
(2) In this Act the
following abbreviations are used —
FVRO for family violence restraining order;
MRO for misconduct restraining order;
VRO for violence restraining order.
[Section 3 amended: No. 10 of 1998 s. 62(1); No.
11 of 1999 s. 4; No. 22 of 2000 s. 4; No. 34 of 2004 Sch. 2 cl. 23(2); No. 38
of 2004 s. 5, 18(2), 25(2) and (3) and 57(2)-(4); No. 59 of 2004 s. 124; No. 5
of 2008 s. 90; No. 49 of 2016 s. 5; No. 10 of 2017 s. 45; No. 4 of 2019 s. 9;
No. 13 of 2020 s. 30; No. 30 of 2020 s. 52; No. 9 of 2022 s. 424; No. 13 of
2022 s. 79.]