Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESTRAINING ORDERS ACT 1997 - SECT 30C

30C .         Restraints that may be imposed

        (1)         In making a police order a police officer may impose such restraints on the lawful activities and behaviour of a person as the officer considers appropriate to prevent a person —

            (a)         committing family violence; or

            (b)         behaving in a manner that could reasonably be expected to cause the person seeking to be protected to apprehend that they will have family violence committed against them.

        (2)         Without limiting the restraints that may be imposed, a police officer may restrain a person from doing all or any of the following —

            (a)         being on or near premises where a person lives or works;

            (b)         approaching within a specified distance of another person;

            (c)         causing or allowing another person to engage in conduct of a type referred to in paragraph (a) or (b).

        (3)         A restraint may be imposed on a person on such terms as the police officer considers appropriate.

        (4)         A police order may restrain a person from entering or remaining in a place, or restrict a person’s access to a place, even if the person has a legal or equitable right to be at the place.

        (5)         A police officer making a police order is to ensure that the order made is as least restrictive of the personal rights and liberties of the person to be bound by the order as possible while still ensuring that the person for whose benefit the order is made is protected from acts of abuse.

        [Section 30C inserted: No. 38 of 2004 s. 18(1); amended: No. 49 of 2016 s. 37.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback