(1) An application for
an MRO may be made by —
(a) the
person seeking to be protected; or
(b) a
police officer on behalf of that person.
(2) An application for
an MRO 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.
(3) If there is no
particular person seeking to be protected an application for an MRO may be
made by a police officer on behalf of the public generally.
(4) An application for
an MRO is to be made in accordance with the rules of court (using, if the
regulations so require, the prescribed form) to —
(a) if
the respondent is a child, the Children’s Court; or
(b)
otherwise, the Magistrates Court.
[Section 38 inserted: No. 22 of 2000 s. 8;
amended: No. 38 of 2004 s. 55; No. 59 of 2004 s. 124; No. 49 of 2016 s. 45;
No. 30 of 2020 s. 65.]