Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
violent personal offence means —
(a) an
offence against The Criminal Code section 283, 292, 293, 294, 297, 304(2),
320, 321, 321A, 325, 326, 327, 328, 329 or 332; or
(b) an
offence against The Criminal Code section 444 that is dealt with on
indictment.
(1) A court convicting
a person for a violent personal offence is —
(a) to
make an FVRO or VRO, as is appropriate to the case, against that person for
the protection of a victim of the offence unless there is such an order in
force already for the period of the life of the person who committed the
offence; or
(b)
where an FVRO or VRO, as is appropriate to the case, is in force for the
protection of a victim of the offence, to vary that order by extending the
duration of the order.
(2) Except as provided
in subsection (2A), an order made, or varied, under subsection (1) is to be
made for the period of the life of the person who committed the offence.
(2A) If the violent
personal offence was committed by a person who was a child at the time of the
commission of the offence —
(a) a
court is not required to make an order under this section; and
(b) if a
court makes an order under this section, the order will be made for a period
specified by the court (and not for the period of the life of the person who
committed the offence).
(3) A restraining
order made under this section is a final order.
(4) A court must not
make an order under this section if a request not to make the order is made by
—
(a) the
victim of the offence for whose benefit the order would be made; or
(b) a
parent or guardian acting on behalf of a child who is the victim of the
offence for whose benefit the order would be made.
(5) The person who
committed the offence cannot act on behalf of a child under subsection (4)(b).
[Section 63A inserted: No. 38 of 2004 s. 45;
amended: No. 49 of 2016 s. 70; No. 30 of 2020 s. 78.]