Western Australian Current Acts Western Australian Current Acts If an order is made
under Part 5 varying the operation in this State, or cancelling the
registration, of a registered foreign restraining order, the registrar of the
court that made the order of variation or cancellation must —
(a)
notify the applicant for registration of the original order, unless the
registrar knows that the applicant is already aware of the variation or
cancellation; and
(b)
notify the Commissioner of Police and give the Commissioner a copy of the
order of variation or cancellation; and
(c)
alter the registration accordingly.
[Section 79F inserted: No. 11 of 1999 s. 7;
amended: No. 59 of 2004 s. 123.]
[Part 8 (s. 80-84) deleted: No. 38 of 2004 s. 53.]
[Part 9 (s. 85-90) omitted under Reprints Act 1984 s. 7(4)(e) 1 .]
This is a compilation of the Restraining Orders Act 1997 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
For provisions that have not yet come into operation see the uncommenced
provisions table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Restraining Orders Act 1997 |
19 of 1997 |
28 Aug 1997 |
s. 1 and 2: 28 Aug 1997; |
|
Family Court (Orders of Registrars) Act 1997 s. 12 |
21 of 1997 |
7 Sep 1997 |
15 Sep 1997 (see s. 2(2) and Gazette 12 Sep 1997 p. 5149) |
|
Acts Amendment and Repeal (Family Court) Act 1997 s. 36 |
41 of 1997 |
9 Dec 1997 |
26 Sep 1998 (see s. 2 and Gazette 25 Sep 1998 p. 5295) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 62 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
|
Restraining Orders Amendment Act 1999 |
11 of 1999 |
13 May 1999 |
13 May 1999 (see s. 2) |
|
Restraining Orders Amendment Act 2000 |
22 of 2000 |
30 Jun 2000 |
30 Jun 2000 (see s. 2) |
|
Reprint of the Restraining Orders Act 1997 as at 6 Oct 2000 (includes
amendments listed above) | |||
|
Sentencing Legislation Amendment and Repeal Act 2003 s. 90 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) |
|
Children and Community Services Act 2004 Sch. 2 cl. 23 |
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette 14 Feb 2006 p. 695) |
|
Acts Amendment (Family and Domestic Violence) Act 2004 Pt. 2 (s. 3-57) |
38 of 2004 |
9 Nov 2004 |
s. 3- 56: 1 Dec 2004 (see s. 2 and Gazette 26 Nov 2004 p. 5309); |
|
Acts Amendment (Court of Appeal) Act 2004 s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
|
Courts Legislation Amendment and Repeal Act 2004 Pt. 17 2 |
59 of 2004 (as amended by No. 2 of 2008 s. 77(3) and (4)) |
23 Nov 2004 |
Pt. 17 (other than the amendments in s. 123 (to s. 67(2)) and in s. 124 (to
s. 4(a)): 1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
Reprint 2: The Restraining Orders Act 1997 as at 5 May 2006 (includes
amendments listed above) | |||
|
Family Legislation Amendment Act 2006 Pt. 6 Div. 3 |
35 of 2006 |
4 Jul 2006 |
15 Jul 2006 (see s. 2 and Gazette 14 Jul 2006 p. 2559) |
|
Prisons and Sentencing Legislation Amendment Act 2006 Pt. 10 |
65 of 2006 |
8 Dec 2006 |
4 Apr 2007 (see s. 2 and Gazette 3 Apr 2007 p. 1491) |
|
Acts Amendment (Justice) Act 2008 Pt. 19 |
5 of 2008 |
31 Mar 2008 |
31 Oct 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253) |
|
Legal Profession Act 2008 s. 699 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Criminal Law Amendment (Homicide) Act 2008 s. 37 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353) |
|
Reprint 3: The Restraining Orders Act 1997 as at 9 Jan 2009 (includes
amendments listed above except those in the Legal Profession Act 2008 ) | |||
|
Restraining Orders Amendment Act 2011 Pt. 2 |
32 of 2011 |
12 Sep 2011 |
5 May 2012 (see s. 2(b) and Gazette 4 May 2012 p. 1847) |
|
Restraining Orders Amendment Act 2013 Pt. 2 |
14 of 2013 |
4 Oct 2013 |
4 Oct 2013 (see s. 2) |
|
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 3 Div.
17 (other than s. 108, 110-112, 114-117, 119 and 121) |
20 of 2013 |
4 Nov 2013 |
25 Nov 2013 (see s. 2(b) and Gazette 22 Nov 2013 p. 5391) |
|
Reprint 4: The Restraining Orders Act 1997 as at 13 Mar 2015 (includes
amendments listed above) | |||
|
Restraining Orders and Related Legislation Amendment (Family Violence) Act
2016 Pt. 2 (s. 3-86) |
49 of 2016 |
29 Nov 2016 |
Pt. 2 (s. 60, 71, 73 and 76): 8 Feb 2017 (see s. 2(b) and Gazette 7 Feb 2017
p. 1157); Pt. 2 (other than s. 60, 71, 73 and 76): 1 Jul 2017 (see s. 2(b) and Gazette 7
Feb 2017 p. 1157) |
|
Domestic Violence Orders (National Recognition) Act 2017 Pt. 7 |
10 of 2017 |
8 Nov 2017 |
25 Nov 2017 (see s. 2(b) and Gazette 24 Nov 2017 p. 5671) |
|
Reprint 5: The Restraining Orders Act 1997 as at 12 Jan 2018 (includes
amendments listed above) | |||
|
Criminal Law Amendment (Intimate Images) Act 2019 Pt. 3 |
4 of 2019 |
26 Feb 2019 |
15 Apr 2019 (see s. 2(b) and Gazette 9 Apr 2019 p. 1041) |
|
Family Violence Legislation Reform (COVID-19 Response) Act 2020 Pt. 5 |
13 of 2020 |
6 Apr 2020 |
7 Apr 2020 (see s. 2(b)) |
|
Family Violence Legislation Reform Act 2020 Pt. 6 |
30 of 2020 |
9 Jul 2020 |
Pt. 6 (other than s. 52, 55, 56, 58, 59, 63, 64, 72, 76, 77 and 82): 6 Aug
2020 (see s. 2(1)(c) and SL 2020/125 cl. 2(a)(iv)); |
|
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |
|
Firearms Amendment Act 2022 Pt. 3 Div. 4 |
13 of 2022 |
18 May 2022 |
19 Nov 2022 (see s. 2(c) and SL 2022/186 cl. 2) |
|
Animal Welfare and Trespass Legislation Amendment Act 2023 Pt. 4 |
5 of 2023 |
24 Mar 2023 |
7 Apr 2023 (see s. 2(b)) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 s. 108,
110-112, 114-117, 119 and 121 |
20 of 2013 |
4 Nov 2013 |
To be proclaimed (see s. 2(b)) |
|
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 25 |
10 of 2023 |
13 Apr 2023 |
To be proclaimed (see s. 2(b)) |
1M Under the Cross-border Justice Act 2008 section
14, in order to give effect to that Act, this Act must be applied with the
modifications prescribed by the Cross-border Justice Regulations 2009 Part 3
Division 18 as if this Act had been altered in that way. If a modification is
to replace or insert a numbered provision, the new provision is identified by
the superscript 1M appearing after the provision number. If a modification is
to replace or insert a definition, the new definition is identified by the
superscript 1M appearing after the defined term.
1 Part 9 contained transitional provisions
relating to orders to keep the peace in force under the Justices Act 1902 when
this Act came into operation.
2 The Courts Legislation Amendment and Repeal Act
2004 s. 123 (the amendment to s. 67(2)) and s. 124 (the amendment to s. 4(a))
were deleted by the Criminal Law and Evidence Amendment Act 2008 s. 77(3) and
(4).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
affidavit
3(1)
aid 61B(1)
application
3(1)
assault 3(1)
authorised
magistrate 3(1)
authorised person
3(1)
behaviour change order 10I,
10M(1)
behaviour change programme 10I, 10P(1)
behaviour change programme provider 10I, 10P(3)
behaviour management order 10I
bound person
61B(1)
CEO (child welfare)
3(1)
child 3(1)
child welfare law
50B(4)
child welfare officer 3(1)
co-licensee 71(2)
Commissioner of Police
3(1)
conduct agreement 10H(1)
conduct agreement order 3(1), 10H
consent order
3(1)
conviction 61A(1)
corresponding law 3(1)
court
3(1), 10I
cyber-stalking 3(1)
distributes
3(1)
earlier order
32(5)
eligibility assessment interview 10H(4),
10L(1)
eligibility assessment order 10I
eligibility assessment report 10I, 10L(1)
eligibility assessor 10I, 10O(1)
explosive
3(1)
explosives licence 3(1)
exposed 3(1), 6(1)
family court proceedings
2(1)
family member 3(1), 4(2)
family order 3(1), 5(1)
family relationship
4(1)
family violence 3(1),
5A(1)
family violence restraining order 3(1)
final
order 3(1)
final order hearing
3(1)
firearm item 3(1)
firearms
authorisation 3(1)
firearms order
71(1)
fix a hearing 2(1)
foreign
restraining order 3(1)
FVRO
3(2)
imagined personal relationship 3(1)
interested party 70A(1)
interim order
3(1)
interstate order 74
intimate image 3(1)
kidnapping, or depriving the
liberty of 3(1)
mention hearing
3(1)
misconduct restraining order
3(1)
MRO 3(2)
order
61B(1)
other personal relationship 4(2)
personal
violence 2(1), 6(2)
person protected
3(1)
person seeking to be protected
3(1)
person who is bound 3(1)
police order
3(1)
prepare and serve 3(1)
prescribed form 3(1)
prescribed information
70A(1)
previous relevant offences
61A(2)
prisoner 16A(1)
proceeding
10I
proceedings under this Act
3(1)
property 2(1)
protected person
61B(1)
Public Advocate 3(1)
qualifying relevant offence 61A(2)
registered
3(1)
registered order
74
registrar 3(1), 74
related
4(2)
relevant offence 61A(1)
remote
communication 62D(8)
representation
44A(3), 53E(4)
respondent 3(1),
30I(3), 43A(1)
responsible person 71(1)
restrained
person 71(1)
restraining order
3(1)
review date 73A(1)
satisfied
3(1)
senior officer
62D(8)
sexual assault 3(1)
specified
2(1)
stalking 3(1)
telephone
application 3(1)
telephone order
3(1)
third party 68(1)
under this
Act 70(4)
variation or cancellation order
10I, 10T(1)
victim 10V(2)
video link 53B(4)
violence restraining order
3(1)
violent personal offence
63A(1A), 63B(1)
VRO 3(2)
wellbeing
3(1)
written reasons 61A(8),
67(3A)