Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 8

8 .         Explanation about orders to be given

        (1)         Subject to this section, a court that makes a restraining order is to explain, as is appropriate, to —

            (a)         the person who is bound by the order; and

            (b)         the —

                  (i)         person protected by the order; or

                  (ii)         parent or guardian of that person, if the parent or guardian made the application for the order on behalf of that person,

                who are in court when the order is made —

            (c)         the purpose, terms and effects of the order, including that the order may be registered and enforced in another Australian jurisdiction; and

            (d)         the consequences that may follow if the person who is bound by the order contravenes the order; and

            (e)         the consequences that may follow if the person protected by the order —

                  (i)         encourages or invites the person who is bound by the order to contravene the order; or

                  (ii)         by his or her actions causes the person who is bound by the order to breach the order;

                and

            (f)         that the order must be varied or cancelled if the person who is bound by the order and the person protected by the order intend to have contact or reconcile with the other person; and

            (g)         how the order may be varied, cancelled or extended; and

            (h)         if the order is an FVRO or VRO, the effects of sections 14, 14A and 62E relating to firearm items and explosives; and

            (ha)         if the order is an FVRO, the effect of the Domestic Violence Orders (National Recognition) Act 2017 ;

                  (i)         that counselling and support services may be of assistance, and where appropriate, the court is to refer the person to specific services.

        (2)         If a person to whom an explanation is to be given under subsection (1) does not readily understand English, or the court is not satisfied that the person understood the explanation, the court is, as far as practicable, to arrange for someone else who is 18 years of age or older to give the explanation to the person in a way that the person can understand.

        (2A)         However, a person giving an explanation under subsection (2) must not be a person of a class prescribed in the regulations.

        (3)         If —

            (a)         a person referred to in subsection (1)(a) or (b) is not present in court when the order is made; or

            (b)         it is not practicable for the court to give the explanation at the time the restraining order is made,

                then the registrar is to cause a document containing the explanation to be —

            (c)         in the case of subsection (1)(a), served on the person; and

            (d)         in the case of subsection (1)(b), delivered to the person.

        (4)         An order is not invalid merely because a person who should have been given the explanation referred to in subsection (1) was not given the explanation.

        [Section 8 inserted: No. 38 of 2004 s. 9; amended: No. 59 of 2004 s. 123; No. 49 of 2016 s. 12; No. 10 of 2017 s. 46; No. 30 of 2020 s. 56; No. 13 of 2022 s. 80.]