{"id":"BILL-ACT-db-73732","name":"Family, Personal and Sexual Violence Legislation Amendment Bill 2025","slug":"family-personal-and-sexual-violence-legislation-amendment-bill-2025","collection":"bill","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-12-03","administeringDepartment":null,"currentVersion":{"id":457650,"registerId":"BILL-ACT-db-73732:current","compilationNumber":null,"startDate":"2025-12-03","status":"in_force","reasons":null,"registeredAt":"2026-05-18T02:36:55.277Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Family, Personal and Sexual Violence Legislation Amendment Bill 2025\n\nJ2025-163\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2025\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Attorney-General)\nFamily, Personal and Sexual Violence\nLegislation Amendment Bill 2025\nContents\nPage\nChapter 1 Preliminary\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\n\nContents\nPage\ncontents 2 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter 2 General amendments\nPart 2.1 Crimes (Sentencing) Act 2005\n4 Sentencing—sexual offences against children\nSection 34A (b) 3\n5 Section 34A (b), examples, except note 3\nPart 2.2 Evidence (Miscellaneous Provisions)\nAct 1991\n6 Section 37 heading 4\n7 Meaning of family violence offence—ch 4\nSection 38A 4\n8 Meaning of sexual offence proceeding—ch 4\nSection 41, definition of sexual offence proceeding, paragraph (a) 4\n9 Family violence offence proceeding\nTable 43.1, item 1, column 3, 4th dot point 4\n10 Part 4.4 heading 4\n11 Division 4.4.3 heading 5\n12 Meaning of protected confidence—div 4.4.3\nSection 79A (1), new note 5\n13 Section 79A (5), new note 5\n14 General immunity for protected confidences\nSection 79D (2) 5\n15 Giving of leave to disclose protected confidence\nSection 79H (3) (b) and (c) 6\n16 Section 79J 6\n17 Sections 79 to 79M (as amended) 7\n18 Division 4.4.3 (as amended) 7\n19 Recorded statement—unrepresented accused person to be given\naccess\nSection 81F (2) 8\n20 Recorded statement—accused person to be given audio copy\nSection 81H (2) 8\n21 Section 95 heading 8\n22 Dictionary, definition of family violence offence 8\n\nContents\nPage\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Dictionary, new definition of sexual offence 9\n24 Further amendments, mentions of division 4.4.3 heading 9\n25 Further amendments, mentions of div 4.4.3 10\n26 Further amendments, mentions of division 10\n27 Further amendments, mentions of section 79 11\n28 Further amendments, mentions of section 79A 12\n29 Further amendments, mentions of section 79E 12\n30 Further amendments, mentions of section 79F 13\n31 Further amendments, mentions of section 79G 13\n32 Further amendments, mentions of section 79IA 13\n33 Further amendments, mentions of section 79J 14\nPart 2.3 Family Violence Act 2016\n34 Offence—contravention of family violence order\nSection 43 (1) (b) 15\n35 New division 4.1A 15\n36 New section 82A (6) 16\n37 Magistrate review of registrar decisions\nNew section 91B (6A) 16\n38 Service of after-hours orders\nSection 108 (2) 16\n39 Interim court-initiated protection order taken to be special interim order\nSection 113 (e) 17\n40 Section 156 17\nPart 2.4 Personal Violence Act 2016\n41 Offence—contravention of protection order\nSection 35 (1) (b) 18\n42 New division 4.1A 18\n43 New section 76A (6) 19\n44 Magistrate review of registrar decisions\nNew section 83B (6A) 19\n45 Dictionary, definition of protection order, paragraph (a) 19\n\nContents\nPage\ncontents 4 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\n46 New part 2A 20\n47 After-hours orders\nPart 7 44\n48 New part 25 45\nDivision 3.1.2 Consequential amendments\n49 How objects are to be achieved\nNew section 7 (aa) 47\n50 Section 7 (b) 47\n51 Matters to be considered—family violence orders\nSection 14 (1) (g) and (h) 47\n52 Section 14 (3) 48\n53 Section 14 (4) 48\n54 Family Law Act order\nSection 15 (1), note 1 49\n55 Who may apply for protection orders?\nSection 16 (1), note 1 49\n56 What if application is made for the wrong order?\nSection 18 (1) (a) 49\n57 Section 18 (1) (b) (ii) 49\n58 What if application for the wrong order is decided?\nSection 19 (1), example 49\n59 Sections 27 and 38 50\n60 Offence—contravention of family violence order\nSection 43 (1) (b) note 50\n61 Section 44 heading 50\n62 Section 44 (1) and note 50\n63 Giving evidence by affidavit for interim order\nSection 62A (2) (b), except note 50\n64 Service of protection orders\nSection 70C (1), note 1 51\n\nContents\nPage\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\ncontents 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n65 Affidavit of service of documents by police\nSection 70G 51\n66 Representation—party with impaired decision-making ability\nSection 76 (3), except note 51\n67 Definitions—pt 9\nSection 115, definition of family violence order 51\n68 Section 115, definition of FVO 51\n69 Section 115, definition of interim FVO, paragraph (a) and note 52\n70 Section 115, definition of local FVO, paragraph (a) 52\n71 Certificate evidence—notification\nSection 139 (5), definition of authorised officer, paragraph (b) (ii) 52\n72 Division 9.6 heading 52\n73 Dictionary, definition of after-hours order 52\n74 Dictionary, definition of amend 53\n75 Dictionary, new definition of applicant police officer 53\n76 Dictionary, definition of business hours 53\n77 Dictionary, definition of commencement day 53\n78 Dictionary, definition of family violence order 54\n79 Dictionary, new definition of family violence safety notice 54\n80 Dictionary, definition of final order 54\n81 Dictionary, new definition of issuing police officer 54\n82 Dictionary, definition of proceeding 55\n83 Dictionary, definition of protected person 55\n84 Dictionary, definition of protection order 55\n85 Dictionary, definition of respondent 56\n86 Dictionary, new definition of senior police officer 56\n87 Further amendments, mentions of protection order 56\n88 Further amendments, mentions of protection orders 58\nPart 3.2 Other legislation\nDivision 3.2.1 Bail Act 1992\n89 Bail for serious offence committed while charge for another pending or\noutstanding\nSection 9D (4) and (5) (b) 59\n\nContents\nPage\ncontents 6 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n90 Conditions on which bail may be granted to adults\nSection 25 (4) (f) (i) 59\n91 New section 26A and 26B 59\nDivision 3.2.2 Children and Young People Act 2008\n92 What is significant harm?\nSection 344 (4) 61\n93 Interim matters—Court action before adjournment\nSection 431 (2) (d) 61\n94 Division 14.3.5 heading 61\n95 Section 458 61\n96 Section 459 heading 62\n97 Section 459 (2), except notes 62\n98 Section 459 (2), note 1 62\n99 Section 459 (2), note 2 63\n100 Section 459 (3) 63\n101 Section 459 (3) note 63\n102 Section 459 (4), definition of family violence 63\n103 Section 460 heading 63\n104 Section 460 64\n105 Police assistance\nSection 679 (1) (h) and note 64\n106 Safe custody warrant—criteria\nSection 686 (1) (a) (v) and note 64\n107 Appeals to Supreme Court—generally\nSection 835 (1) note 64\n108 Dictionary, new definitions 65\n109 Dictionary, definition of protection order 65\n110 Dictionary, definition of relevant Act 65\nDivision 3.2.3 Crimes Act 1900\n111 Seizure of firearms—warrants and emergencies\nSection 191 (4) (b) 66\n112 Section 192 heading 66\n113 New section 192 (1A) 66\n114 Section 192 (1) 67\n\nContents\nPage\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\ncontents 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n115 Section 192 (1) (a) 67\n116 Section 192 (5) (a) 67\n117 Section 192 (5) (b) 68\n118 Section 192 (5) (c) 68\n119 Section 192 (5) (d) 68\n120 Section 192 (8) 68\n121 Definitions—div 10.4A\nSection 210A, definition of serious offence, paragraph (c) 68\n122 Power of arrest without warrant by police officers\nSection 212 (5) 69\n123 Dictionary, new definitions 69\nDivision 3.2.4 Crimes (Restorative Justice) Act 2004\n124 Definitions—offences and offenders\nSection 12 (1), definition of less serious family violence offence,\nparagraph (b) 70\nDivision 3.2.5 Crimes (Sentencing) Act 2005\n125 Sentencing—family violence offences\nSection 34B (2) (b) 71\n126 Section 34B (3), definition of family violence 71\n127 Section 34B (3), new definitions 71\nDivision 3.2.6 Criminal Code 2002\n128 Publishing identifying information about childrens proceedings\nSection 712A (5), definition of childrens proceeding, paragraphs (b)\nand (c) (i) 72\n129 Section 712A (5), definition of childrens proceeding, paragraph (d) and\nnote 72\nDivision 3.2.7 Dangerous Substances Act 2004\n130 Working out whether person is a suitable person\nSection 49 (1) (h) 73\n131 Section 49 (2) 73\nDivision 3.2.8 Evidence (Miscellaneous Provisions) Act 1991\n132 Meaning of sexual offence proceeding—ch 4\nSection 41, definition of sexual offence proceeding, paragraphs (b)\nand (c) 74\n\nContents\nPage\ncontents 8 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n133 Recorded statement—offence to publish\nSection 81J (2) (c) 74\n134 Section 81J (2) (c) (i) and (ii) 75\n135 Division 4.5.3 and section 81K headings 75\n136 Section 81K (2) 75\n137 Section 81K (2) (a) and (b) 75\n138 Dictionary, new definition of family violence order 76\nDivision 3.2.9 Firearms Act 1996\n139 Assessing suitability of individuals—discretionary criteria\nSection 18 (1) (b) (ii) 77\n140 Section 18 (1) (b) (iii) 77\n141 Assessing suitability of individuals—mandatory criteria\nSection 19 (1) (b) (i) 77\n142 Adult firearms licences—mandatory suspension for family violence\noffence\nSection 80 (1), notes 78\n143 Section 81A heading 78\n144 Section 81A (1) (a) 78\n145 Minors firearms licences—mandatory suspension if family violence\noffence\nSection 97 (1), notes 79\n146 Section 98A heading 79\n147 Section 98A (1) (a) 79\n148 Dictionary, new definition of final family violence order 80\n149 Dictionary, definition of final protection order 80\n150 Dictionary, new definition of interim family violence order 81\n151 Dictionary, definition of interim protection order 81\nDivision 3.2.10 Personal Violence Act 2016\n152 Objects of Act\nSection 6, note 82\n153 Meaning of personal violence\nSection 8 (3), note 82\n154 Matters to be considered—protection orders\nSection 11 (1) (d) and (e) 82\n\nContents\nPage\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\ncontents 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n155 Section 11 (3) 83\n156 Section 11 (4) 83\n157 What if application is made for the wrong order?\nSection 15 (1) (a) 84\n158 Section 15 (1) (b) (ii) 84\n159 Section 15 (2) 84\n160 Section 15 (2) (b) 85\n161 What if application for the wrong order is decided?\nSection 16 (1) (e) 85\n162 Section 16 (2) 85\n163 Section 24, 30 and 32 85\n164 Dictionary, definition of amend, paragraph (a) 86\n165 Dictionary, new definitions 86\nDivision 3.2.11 Prohibited Weapons Regulation 1997\n166 General grounds for refusal to issue permits\nSection 5 (3) (a) 87\n167 Section 5 (3) (b) and (c) 87\n168 Section 5 (4) 87\n169 Section 5 (6), definition of corresponding order 88\n170 Section 5 (6), definition of interim protection order 88\n171 Section 5 (6), definition of protection order 89\n172 Section 5 (6), definition of relevant period 89\nDivision 3.2.12 Residential Tenancies Act 1997\n173 Threats, harassment, intimidation or abuse by lessor etc\nSection 45A (6) (e) 90\n174 Definitions—div 4.3A\nSection 46C, definition of family violence order 90\n175 Termination for family violence\nSection 46D (3) (b) (i) 90\n176 New section 46D (6) 90\n177 Threats, harassment, intimidation or abuse by tenant\nSection 51A (7) (e) 91\n178 Division 6.5A heading and section 85 91\n179 Section 85A heading 92\n\nContents\nPage\ncontents 10 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n180 Section 85A (1) (a) 92\n181 Section 85A (1) (c) 92\n182 Section 85A (1) (d) (i) 93\n183 Section 85A (4) 93\n184 Applications under s 85A—ACAT orders\nSection 85B (1) 93\n185 Section 85B (2) (a) 94\n186 Dictionary, definition of family violence order 94\n187 Dictionary, definition of protected person 94\n188 Dictionary, definition of protection order 94\n189 Dictionary, definition of respondent 94\nDivision 3.2.13 Victims of Crime (Financial Assistance) Act 2016\n190 Family violence offences\nSchedule 1, division 1.2.2, new item 18A 95\nDivision 3.2.14 Working with Vulnerable People (Background\nChecking) Act 2011\n191 Application for registration for NDIS activity—additional contents\nSection 18A (1) (b) (iii) 96\n192 Section 18A (2), new definitions 96\n193 Risk assessment guidelines—content\nSection 28 (2) (e), example 1 97\nSchedule 1 Consequential amendments 98\nPart 1.1 Children and Young People Act 2008 98\nPart 1.2 Court Procedures Act 2004 98\nPart 1.3 Evidence Act 2011 99\n\nJ2025-163\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2025\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Attorney-General)\nFamily, Personal and Sexual Violence\nLegislation Amendment Bill 2025\nA Bill for\nAn Act to amend legislation about family, personal and sexual violence, and for\nother purposes\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nChapter 1 Preliminary\nSection 1\npage 2 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter 1 Preliminary1\n1 Name of Act2\nThis Act is the Family, Personal and Sexual Violence Legislation3\nAmendment Act 2025.4\n2 Commencement5\n(1) This Act (other than chapter 3) commences on the 7th day after its6\nnotification day.7\nNote The naming and commencement provisions automatically commence on8\nthe notification day (see Legislation Act, s 75 (1)).9\n(2) Chapter 3 commences 6 months after this Act’s notification day.10\n3 Legislation amended11\nThis Act amends the legislation mentioned in chapters 2 and 3.12\nNote This Act also amends other legislation (see sch 1).13\n\nGeneral amendments Chapter 2\nCrimes (Sentencing) Act 2005 Part 2.1\nSection 4\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter 2 General amendments1\nPart 2.1 Crimes (Sentencing) Act 20052\n4 Sentencing—sexual offences against children3\nSection 34A (b)4\nomit5\n, to the extent that the offender’s good character enabled the offender6\nto commit the offence7\n5 Section 34A (b), examples, except note8\nomit9\n\nChapter 2 General amendments\nPart 2.2 Evidence (Miscellaneous Provisions) Act 1991\nSection 6\npage 4 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.2 Evidence (Miscellaneous1\nProvisions) Act 19912\n6 Section 37 heading3\nsubstitute4\n37 Meaning of proceeding for an offence—pt 4.15\n7 Meaning of family violence offence—ch 46\nSection 38A7\nomit8\n8 Meaning of sexual offence proceeding—ch 49\nSection 41, definition of sexual offence proceeding,10\nparagraph (a)11\nsubstitute12\n(a) a proceeding for a sexual offence; or13\n9 Family violence offence proceeding14\nTable 43.1, item 1, column 3, 4th dot point15\nomit16\n10 Part 4.4 heading17\nsubstitute18\nPart 4.4 Special requirements—sexual19\noffence proceedings20\n\nGeneral amendments Chapter 2\nEvidence (Miscellaneous Provisions) Act 1991 Part 2.2\nSection 11\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Division 4.4.3 heading1\nsubstitute2\nChapter 6B Protection of counselling3\ncommunications about sexual4\nand family violence5\n12 Meaning of protected confidence—div 4.4.36\nSection 79A (1), new note7\ninsert8\nNote Family violence offence—see s (5) and dictionary.9\nSexual offence—see s (5) and dictionary.10\n13 Section 79A (5), new note11\ninsert12\nNote Family violence offence—see the dictionary.13\nSexual offence—see the dictionary.14\n14 General immunity for protected confidences15\nSection 79D (2)16\nsubstitute17\n(2) A protected confidence must not be disclosed in, or for the purposes18\nof, the proceeding unless—19\n(a) the court dealing with the proceeding gives leave for the20\ndisclosure; or21\n(b) for a civil proceeding—the disclosure is made in accordance22\nwith section 79J.23","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Chapter 2 General amendments\nPart 2.2 Evidence (Miscellaneous Provisions) Act 1991\nSection 15\npage 6 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Giving of leave to disclose protected confidence1\nSection 79H (3) (b) and (c)2\nafter3\nsexual offences4\ninsert5\nand victims of family violence offences6\n16 Section 79J7\nsubstitute8\n79J Waiver of protected confidence immunity in civil9\nproceedings10\n(1) This division does not prevent the production, inspection or use of11\nprotected confidence evidence in a civil proceeding if—12\n(a) the production, inspection or use of the evidence is consented to,13\nin writing, by—14\n(i) if the counselled person who is the subject of the protected15\nconfidence is at least 14 years old—the counselled person;16\nor17\n(ii) if the counselled person is under 14 years old—a person18\ndetermined by the court to be a suitable person; and19\n(b) the consent expressly relates to the production, inspection or use20\nof the evidence; and21\n(c) the court is satisfied that the counselled person or, if the22\ncounselled person is under 14 years old, the suitable person—23\n(i) is aware of the effect of this division; and24\n(ii) has been given a reasonable opportunity to seek legal25\nadvice in relation to consenting to the production,26\ninspection or use of the evidence.27\n\nGeneral amendments Chapter 2\nEvidence (Miscellaneous Provisions) Act 1991 Part 2.2\nSection 17\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For subsection (1) (a) (ii), the court may determine that a person is a1\nsuitable person in relation to a counselled person only if—2\n(a) the person is not a party to the proceeding; and3\n(b) the court considers the person is able to act in the best interests4\nof the counselled person; and5\n(c) the court considers that determining the person to be a suitable6\nperson would not—7\n(i) damage the relationship between the suitable person and8\nthe counselled person; or9\n(ii) cause undue embarrassment, humiliation or harm to the10\ncounselled person.11\n79JA No waiver of protected confidence immunity in criminal12\nproceedings13\nThis division applies in a criminal proceeding whether or not a person14\nwho has made a protected confidence consents or does not object to15\nthe disclosure of the protected confidence.16\n17 Sections 79 to 79M (as amended)17\nrenumber as sections 98 to 98P18\n18 Division 4.4.3 (as amended)19\nrelocate as chapter 6B20\n\nChapter 2 General amendments\nPart 2.2 Evidence (Miscellaneous Provisions) Act 1991\nSection 19\npage 8 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Recorded statement—unrepresented accused person to1\nbe given access2\nSection 81F (2)3\nsubstitute4\n(2) The accused person must—5\n(a) be given an audio copy of the recorded statement as soon as6\npracticable after the proceeding is commenced; and7\n(b) return the copy of the recorded statement by giving it to a police8\nofficer at a police station not later than 16 weeks after the9\nproceeding is finalised.10\n20 Recorded statement—accused person to be given audio11\ncopy12\nSection 81H (2)13\nsubstitute14\n(2) The accused person must—15\n(a) be given an audio copy of the recorded statement; and16\n(b) return the copy of the recorded statement by giving it to a police17\nofficer at a police station not later than 16 weeks after the18\nproceeding is finalised.19\n21 Section 95 heading20\nsubstitute21\n95 Definitions—ch 6A22\n22 Dictionary, definition of family violence offence23\nsubstitute24\nfamily violence offence—see the Family Violence Act 2016,25\ndictionary.26\n\nGeneral amendments Chapter 2\nEvidence (Miscellaneous Provisions) Act 1991 Part 2.2\nSection 23\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Dictionary, new definition of sexual offence1\ninsert2\nsexual offence means an offence against any of the following3\nprovisions of the Crimes Act 1900:4\n(a) part 3 (Sexual offences);5\n(b) part 3A (Intimate image abuse);6\n(c) part 4 (Female genital mutilation);7\n(d) part 5 (Sexual servitude).8\n24 Further amendments, mentions of division 4.4.3 heading9\nomit10\ndivision 4.4.3 (Sexual and family violence offence proceedings—11\nprotection of counselling communications)12\nsubstitute13\nchapter 6B (Protection of counselling communications about sexual14\nand family violence)15\nin16\n• dictionary, definitions of17\ncivil proceeding18\ncounselled person19\ncounselling20\ncounsellor21\ncriminal proceeding22\ndocument recording a protected confidence23\nharm24\npreliminary criminal proceeding25\n\nChapter 2 General amendments\nPart 2.2 Evidence (Miscellaneous Provisions) Act 1991\nSection 25\npage 10 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nproceeding1\nprotected confidence2\nprotected confidence evidence3\n25 Further amendments, mentions of div 4.4.34\nomit5\ndiv 4.4.36\nsubstitute7\nch 6B8\nin9\n• section 79 heading10\n• section 79A heading11\n• section 79B heading12\n• section 79IB heading13\n26 Further amendments, mentions of division14\nomit15\ndivision16\nsubstitute17\nchapter18\nin19\n• section 7920\n• section 79A21\n• section 79B22\n• section 79IB23\n• section 79J24\n• section 79JA25\n\nGeneral amendments Chapter 2\nEvidence (Miscellaneous Provisions) Act 1991 Part 2.2\nSection 27\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• section 79K1\n• section 79L2\n• section 79M3\n27 Further amendments, mentions of section 794\nomit5\nsection 796\nsubstitute7\nsection 988\nin9\n• dictionary, definitions of10\ncivil proceeding11\ncounselling12\ncounsellor13\ncriminal proceeding14\ndocument recording a protected confidence15\nharm16\npreliminary criminal proceeding17\nproceeding18\nprotected confidence evidence19\n\nChapter 2 General amendments\nPart 2.2 Evidence (Miscellaneous Provisions) Act 1991\nSection 28\npage 12 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 Further amendments, mentions of section 79A1\nomit2\nsection 79A3\nsubstitute4\nsection 98A5\nin6\n• section 79, definitions of7\ncounselled person8\ndocument recording a protected confidence9\nprotected confidence10\n• dictionary, definitions of11\ncounselled person12\nprotected confidence13\n29 Further amendments, mentions of section 79E14\nomit15\nsection 79E16\nsubstitute17\nsection 98E18\nin19\n• section 79F20\n\nGeneral amendments Chapter 2\nEvidence (Miscellaneous Provisions) Act 1991 Part 2.2\nSection 30\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n30 Further amendments, mentions of section 79F1\nomit2\nsection 79F3\nsubstitute4\nsection 98F5\nin6\n• section 79E7\n31 Further amendments, mentions of section 79G8\nomit9\nsection 79G10\nsubstitute11\nsection 98G12\nin13\n• section 79F14\n• section 79H15\n32 Further amendments, mentions of section 79IA16\nomit17\nsection 79IA18\nsubstitute19\nsection 98J20\nin21\n• section 79E22\n• section 79IB23\n\nChapter 2 General amendments\nPart 2.2 Evidence (Miscellaneous Provisions) Act 1991\nSection 33\npage 14 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Further amendments, mentions of section 79J1\nomit2\nsection 79J3\nsubstitute4\nsection 98L5\nin6\n• section 79D7\n\nGeneral amendments Chapter 2\nFamily Violence Act 2016 Part 2.3\nSection 34\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.3 Family Violence Act 20161\n34 Offence—contravention of family violence order2\nSection 43 (1) (b)3\nsubstitute4\n(b) has been served in accordance with this Act with a copy of the5\nfamily violence order.6\nNote Service requirements for a family violence order are set out in—7\n(a) if the order is a protection order—s 70C; and8\n(b) if the order is an after-hours order—s 108.9\n35 New division 4.1A10\nbefore division 4.1, insert11\nDivision 4.1A Preliminary12\n44B References to present and present in court13\n(1) In this Act, a reference to a person being present in the Magistrates14\nCourt or present in court includes the person appearing in the court,15\nwith the court’s leave, by audiovisual link or telephone.16\n(2) A person who is present in court in accordance with this section is17\ntaken to be before the court.18\nNote The Magistrates Court Act 1930, s 311, also deals with appearing and19\ngiving evidence remotely.20\n(3) In this section:21\naudiovisual link—see the Evidence (Miscellaneous Provisions)22\nAct 1991, dictionary.23\n\nChapter 2 General amendments\nPart 2.3 Family Violence Act 2016\nSection 36\npage 16 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n36 New section 82A (6)1\nafter the note, insert2\n(6) If the application under section 82 is made by the protected person,3\nand the protected person was not the applicant for the protection order4\n(the original order)—5\n(a) a reference in subsection (3) (b) and (4) (b) to the other party is6\nalso taken to refer to the applicant for the original order; and7\n(b) a reference in subsection (5) to the respondent is also taken to8\nrefer to the applicant for the original order.9\n37 Magistrate review of registrar decisions10\nNew section 91B (6A)11\ninsert12\n(6A) If the applicant requests review of a relevant decision, the relevant13\ndecision is stayed until the review is heard or the request is14\nwithdrawn.15\n38 Service of after-hours orders16\nSection 108 (2)17\nomit18\norder that the application be served in the way, stated in the order,19\nsubstitute20\nmake an order for service requiring that the after-hours order be21\nserved in a way, stated in the order for service,22\n\nGeneral amendments Chapter 2\nFamily Violence Act 2016 Part 2.3\nSection 39\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n39 Interim court-initiated protection order taken to be special1\ninterim order2\nSection 113 (e)3\nomit4\nsection 47 (1) (b)5\nsubstitute6\nsection 47 (2) to (5)7\n40 Section 1568\nsubstitute9\n156 Review of Act10\n(1) The Minister must—11\n(a) review the operation and effectiveness of this Act as soon as12\npracticable after the end of 2 years after the day part 2A (Family13\nviolence safety notices) commences; and14\n(b) present a report of the review to the Legislative Assembly within15\n12 months after the day the review is started.16\n(2) This section expires 5 years after the day it commences.17\n\nChapter 2 General amendments\nPart 2.4 Personal Violence Act 2016\nSection 41\npage 18 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.4 Personal Violence Act 20161\n41 Offence—contravention of protection order2\nSection 35 (1) (b)3\nsubstitute4\n(b) has been served in accordance with this Act with a copy of the5\nprotection order.6\nNote Service requirements for a protection order are set out in s 64C.7\n42 New division 4.1A8\nbefore division 4.1, insert9\nDivision 4.1A Preliminary10\n38B References to present and present in court11\n(1) In this Act, a reference to a person being present in the Magistrates12\nCourt or present in court includes the person appearing in the court,13\nwith the court’s leave, by audiovisual link or telephone.14\n(2) A person who is present in court in accordance with this section is15\ntaken to be before the court.16\nNote The Magistrates Court Act 1930, s 311, also deals with appearing and17\ngiving evidence remotely.18\n(3) In this section:19\naudiovisual link—see the Evidence (Miscellaneous Provisions)20\nAct 1991, dictionary.21\n\nGeneral amendments Chapter 2\nPersonal Violence Act 2016 Part 2.4\nSection 43\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 New section 76A (6)1\nafter the note, insert2\n(6) If the application under section 76 is made by the protected person,3\nand the protected person was not the applicant for the protection order4\n(the original order)—5\n(a) a reference in subsection (3) (b) and (4) (b) to the other party is6\nalso taken to refer to the applicant for the original order; and7\n(b) a reference in subsection (5) to the respondent is also taken to8\nrefer to the applicant for the original order.9\n44 Magistrate review of registrar decisions10\nNew section 83B (6A)11\ninsert12\n(6A) If the applicant requests review of a relevant decision, the relevant13\ndecision is stayed until the review is heard or the request is14\nwithdrawn.15\n45 Dictionary, definition of protection order, paragraph (a)16\nsubstitute17\n(a) means—18\n(i) an interim personal protection order; or19\n(ii) an interim workplace protection order; or20\n(iii) a final personal protection order; or21\n(iv) a final workplace protection order; and22\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 20 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter 3 Family violence safety notices1\namendments2\nPart 3.1 Family Violence Act 20163\nDivision 3.1.1 Family violence safety notices4\namendments5\n46 New part 2A6\ninsert7\nPart 2A Family violence safety notices8\nDivision 2A.1 Grounds for issuing family violence9\nsafety notice10\n13B Grounds for issuing family violence safety notice11\nA notice (a family violence safety notice) may be issued against a12\nperson (the respondent) only if—13\n(a) there is a risk to an affected person of family violence by the14\nrespondent; and15\n(b) a family violence safety notice is immediately necessary to—16\n(i) ensure the safety of the affected person from the violence;17\nor18\n(ii) prevent substantial damage to the affected person’s19\nproperty; and20\n(c) the respondent is an adult; and21\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) there is no family violence safety notice already in force1\nbetween the respondent and the affected person; and2\nNote This includes a family violence safety notice between the parties3\nnaming the current respondent as the affected person, and the4\ncurrent affected person as the respondent.5\n(e) the proposed family violence safety notice would not be6\ninconsistent with any court order already in force in the ACT7\n(other than a bail order).8\nNote If a family violence safety notice is inconsistent with a bail order,9\nthe respondent’s failure to comply with the bail order is taken not10\nto be a breach of the bail order (see Bail Act 1992, s 26A.11\nDivision 2A.2 Application for family violence safety12\nnotice13\n13C Police officer may detain person during application14\nperiod15\n(1) This section applies if a police officer—16\n(a) considers that the grounds in section 13B for issuing a family17\nviolence safety notice are satisfied in relation to a person; and18\n(b) proposes to apply, or has applied, for a family violence safety19\nnotice against the person; and20\n(c) believes on reasonable grounds that removing and detaining the21\nperson during the application period—22\n(i) is necessary to ensure—23\n(A) the safety of an affected person or someone else; or24\n(B) that the family violence safety notice, if issued, may25\nbe immediately served on the person; and26\n(ii) is the least restrictive option reasonably available.27","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Chapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 22 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The police officer may, during the application period—1\n(a) remove the person to another place; and2\n(b) detain the person.3\n(3) A person must not be detained under this section for longer than4\n4 hours.5\n(4) A police officer must not, in the course of detaining a person under6\nthis section, use more force, or subject the person to greater indignity,7\nthan is necessary and reasonable to detain the person or to prevent8\ntheir escape.9\n(5) In this section:10\napplication period, for a family violence safety notice, means the11\nperiod—12\n(a) starting when a police officer decides to apply for the family13\nviolence safety notice against a person; and14\n(b) ending when—15\n(i) if a family violence safety notice is issued—a copy of the16\nfamily violence safety notice is served on the person; or17\n(ii) if the application for the family violence safety notice is18\nrefused—the senior police officer refusing the application19\nnotifies the police officer of the refusal.20\n13D Police officer may apply for family violence safety notice21\n(1) If a police officer (the applicant police officer) considers that the22\ngrounds in section 13B for issuing a family violence safety notice are23\nsatisfied, the police officer may apply to a senior police officer for a24\nfamily violence safety notice.25\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In deciding whether to make an application, the applicant police1\nofficer must consider the following matters, as far as is reasonably2\npracticable in the circumstances:3\n(a) the affected person’s views about the proposed family violence4\nsafety notice;5\n(b) the respondent’s views about the proposed family violence6\nsafety notice;7\n(c) the affected person’s perception of the nature and seriousness of8\nthe respondent’s alleged conduct;9\n(d) the welfare of any child who is an affected person;10\n(e) any hardship that may be caused to the respondent or anyone11\nelse by the issuing of the family violence safety notice;12\n(f) any previous family violence or personal violence by the13\nrespondent in relation to the affected person or anyone else,14\nincluding—15\n(i) any previous family violence safety notice or family16\nviolence order against the respondent; and17\n(ii) any previous contravention of a family violence safety18\nnotice or family violence order by the respondent.19\nNote An affected person includes any child who hears, witnesses or is20\notherwise exposed to family violence committed against another person21\n(see s 8 (1), def family violence, par (b) and dict).22\n(3) Also, in deciding whether to make an application, the applicant police23\nofficer must enquire whether—24\n(a) a court order (other than a bail order) is already in force in the25\nACT in relation to the affected person or the respondent; or26\nExamples—court order27\n1 a family violence order28\n2 an order under the Crimes (Sentencing) Act 200529\n3 a protection order under the Personal Violence Act 2016.30\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 24 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a Family Law Act order applies to—1\n(i) any child of the affected person or respondent; or2\n(ii) any other child that is an affected person.3\n(4) In this section:4\nFamily Law Act order—see section 15 (2).5\n13E Police officer’s application requirements6\n(1) An application for a family violence safety notice must be made—7\n(a) in writing; or8\n(b) if a written application is impracticable in the circumstances—9\norally.10\nNote A written application may be made using electronic communication (see11\nElectronic Transactions Act 2001, s 8).12\n(2) The application must include—13\n(a) a description of the conduct on which the application is based;14\nand15\n(b) a statement about how each ground in section 13B for issuing16\nthe family violence safety notice is satisfied; and17\n(c) information about the following matters, as far as is reasonably18\npracticable in the circumstances:19\n(i) the affected person’s views about the application;20\n(ii) the respondent’s views about the application;21\n(iii) the affected person’s perception of the nature and22\nseriousness of the respondent’s alleged conduct;23\n(iv) the welfare of any child who is an affected person;24\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(v) any hardship that may be caused to the respondent or1\nanyone else by the issuing of the family violence safety2\nnotice;3\n(vi) any previous family violence or personal violence by the4\nrespondent in relation to the affected person or anyone5\nelse, including—6\n(A) any previous family violence safety notice or family7\nviolence order against the respondent; and8\n(B) any previous contravention of a family violence9\nsafety notice or family violence order by the10\nrespondent; and11\n(d) a statement about whether, as a result of an enquiry made under12\nsection 13D (3), there is a court order already in force in the13\nACT or a Family Law Act order applies;14\n(e) the conditions proposed for the family violence safety notice;15\nand16\nNote In deciding conditions, the paramount consideration must be the17\nsafety and protection of the affected person and any affected child18\n(see s 13O). After that, the conditions must be the least restrictive19\nof the personal rights and liberties of the respondent (see s 13P).20\n(f) any other information required by the senior police officer to21\nwhom the application is made.22\n13F Police officer’s decision to not apply to be recorded in23\npolice records24\n(1) This section applies if a police officer—25\n(a) considers that the grounds in section 13B for issuing a family26\nviolence safety notice are satisfied; but27\n(b) decides not to apply for a family violence safety notice.28\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 26 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The police officer must make a written record of the decision,1\nincluding the following information:2\n(a) the police officer’s name, rank and identification number;3\n(b) the name of the respondent;4\n(c) the name of the affected person;5\n(d) the reasons for deciding not to apply for a family violence safety6\nnotice;7\n(e) what action (if any) is to be taken in relation to the respondent8\nand the affected person.9\n(3) The police officer must keep the record in the police records.10\n13G Senior police officer must decide application11\n(1) A senior police officer who receives an application for a family12\nviolence safety notice may request further information from the13\napplicant police officer.14\n(2) However, the senior police officer must decide the application—15\n(a) as soon as is practicable in the circumstances; and16\n(b) in 1 of the following ways:17\n(i) by issuing a family violence safety notice under18\nsection 13H;19\n(ii) by refusing the application and making the required police20\nrecord under section 13N.21\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2A.3 Issuing a family violence safety notice1\n13H Senior police officer may issue family violence safety2\nnotice3\n(1) A senior police officer (the issuing police officer) may issue a family4\nviolence safety notice if they—5\n(a) receive an application for a family violence safety notice under6\nsection 13D; and7\n(b) believe on reasonable grounds that the grounds in section 13B8\nfor issuing a family violence safety notice are satisfied.9\n(2) In deciding whether to issue a family violence safety notice, the10\nissuing police officer must consider the following matters, as far as is11\nreasonably practicable in the circumstances:12\n(a) the affected person’s views about the proposed family violence13\nsafety notice;14\n(b) the respondent’s views about the proposed family violence15\nsafety notice;16\n(c) the affected person’s perception of the nature and seriousness of17\nthe respondent’s alleged conduct;18\n(d) the welfare of any child who is an affected person;19\n(e) any hardship that may be caused to the respondent or anyone20\nelse by the issuing of the family violence safety notice;21\n(f) any previous family violence or personal violence by the22\nrespondent in relation to the affected person or anyone else,23\nincluding—24\n(i) any previous family violence safety notice or family25\nviolence order against the respondent; and26\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 28 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) any previous contravention of a family violence safety1\nnotice or family violence order by the respondent.2\nNote An affected person includes any child who hears, witnesses or is3\notherwise exposed to family violence committed against another person4\n(see s 8 (1), def family violence, par (b) and dict).5\n(3) The issuing police officer must make a written record of the matters6\nconsidered under subsection (2) and keep the record in the police7\nrecords.8\n13I Form of family violence safety notice9\nA family violence safety notice must be in writing and include the10\nfollowing information:11\n(a) the name, rank and identification number of—12\n(i) the applicant police officer; and13\n(ii) the issuing police officer;14\n(b) the respondent’s name;15\n(c) the name of the protected person;16\n(d) a brief statement about how each ground in section 13B for17\nissuing the family violence safety notice is satisfied;18\n(e) the conditions of the family violence safety notice;19\nNote In deciding conditions, the paramount consideration must be the20\nsafety and protection of the affected person and any affected child21\n(see s 13O). After that, the conditions must be the least restrictive22\nof the personal rights and liberties of the respondent (see s 13P).23\n(f) the date and time the family violence safety notice is made;24\n(g) a statement explaining when the family violence safety notice25\ncomes into force, and its duration, under section 13L.26\nNote A family violence safety notice may be issued using electronic27\ncommunication (see Electronic Transactions Act 2001, s 8).28\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13J Who may be included in a family violence safety notice1\n(1) A family violence safety notice may be issued against only2\n1 respondent.3\n(2) A family violence safety notice may be made in relation to only4\n1 affected person and 1 or more children of the affected person.5\n13K Family violence safety notice generally not to include6\nprotected person’s address7\nA family violence safety notice must not include a protected person’s8\nhome or work address unless—9\n(a) the protected person agrees to the address being included; or10\n(b) it is necessary to include the address to allow the respondent to11\ncomply with the family violence safety notice; or12\n(c) the issuing police officer is satisfied that the respondent already13\nknows the address.14\n13L Duration of family violence safety notice15\n(1) A family violence safety notice—16\n(a) comes into force when it is served on the respondent; and17\n(b) remains in force for 14 days after the day the notice is served on18\nthe respondent.19\n(2) However, a family violence safety notice—20\n(a) may be revoked earlier by the Magistrates Court; and21\n(b) is automatically revoked if a family violence order is made22\nagainst the respondent in relation to the protected person and the23\norder is served on the respondent.24\n(3) A family violence safety notice cannot be renewed or extended.25\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 30 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13M Family violence safety notice to be given to Magistrates1\nCourt2\nThe issuing police officer for a family violence safety notice must—3\n(a) give a copy of the family violence safety notice to the registrar4\nof the Magistrates Court; and5\n(b) keep a copy of the family violence safety notice in the police6\nrecords.7\n13N Senior police officer’s refusal to be recorded in police8\nrecords9\n(1) A senior police officer who refuses an application for a family10\nviolence safety notice must make a written record of the refusal,11\nincluding the following information:12\n(a) their name, rank and identification number;13\n(b) the name, rank and identification number of the applicant police14\nofficer;15\n(c) the name of the respondent in the application;16\n(d) the name of the affected person in the application;17\n(e) the reasons for refusing to issue the family violence safety18\nnotice, including each ground in section 13B that was not19\nsatisfied;20\n(f) what action (if any) is to be taken in relation to the respondent21\nand the affected person.22\n(2) The senior police officer must keep the record in the police records.23\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2A.4 Conditions of family violence safety1\nnotices2\nNote See also the Bail Act 1992, s 26A (Bail condition inconsistent with family3\nviolence safety notice)4\n13O Paramount consideration—safety of affected person and5\nchildren6\nIn deciding the conditions to be included in a family violence safety7\nnotice, the issuing police officer must give paramount consideration8\nto the safety and protection of the affected person and any child9\ndirectly or indirectly affected by the respondent’s alleged conduct.10\n13P Consideration—least restrictive principle11\nAn issuing police officer must ensure the conditions included in a12\nfamily violence safety notice are the least restrictive of the personal13\nrights and liberties of the respondent as possible that still achieve the14\nobjects of this Act and give effect to section 13O.15\n13Q Conditions—generally16\n(1) A family violence safety notice may include the conditions the17\nissuing police officer considers necessary taking into account18\nsection 13O and section 13P.19\n(2) Without limiting subsection (1), a family violence safety notice may20\ninclude 1 or more of the following:21\n(a) a condition prohibiting the respondent from being on premises22\nwhere the protected person lives;23\nNote Section 13R sets out matters to be considered when including a24\ncondition prohibiting a respondent from being on premises where25\nthe respondent lives.26\n(b) a condition prohibiting the respondent from being on premises27\nwhere the protected person works;28","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Chapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 32 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a condition prohibiting the respondent from being on premises1\nwhere the protected person is likely to be;2\n(d) a condition prohibiting the respondent from being in a particular3\nplace;4\n(e) a condition prohibiting the respondent from being within a5\nparticular distance from the protected person;6\n(f) a condition prohibiting the respondent from attempting to locate7\nor locating the protected person;8\n(g) a condition prohibiting the respondent from contacting the9\nprotected person;10\n(h) a condition prohibiting the respondent from engaging in11\nbehaviour mentioned in section 8, definition of family violence;12\n(i) a condition prohibiting the respondent from doing anything13\nmentioned in paragraphs (e) to (h) in relation to—14\n(i) a child of the protected person; or15\n(ii) any other child if the issuing police officer is satisfied that16\nthere is an unacceptable risk of the child being exposed to17\nfamily violence;18\n(j) a condition prohibiting the respondent from causing someone19\nelse to do something mentioned in paragraphs (f) to (i);20\n(k) a condition prohibiting the respondent from taking possession of21\nstated personal property that is reasonably needed by the22\nprotected person or a child of the protected person;23\n(l) a condition requiring the respondent to give the protected person24\nstated personal property of the protected person or a child of the25\nprotected person, that is in the respondent’s possession;26\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(m) a condition stating the circumstances in which the respondent1\nmay—2\n(i) be on particular premises; or3\n(ii) be in a particular place; or4\n(iii) approach or contact a particular person; or5\n(iv) attempt to locate or locate the protected person.6\nExamples—par (k) and (l)—personal property7\n1 personal clothing8\n2 toiletries9\n3 books10\n4 photographs11\n5 house or car keys12\nNote See also the Bail Act 1992, s 26A (Bail condition inconsistent with family13\nviolence safety notice)14\n13R Conditions—exclusion conditions15\n(1) In deciding whether to include an exclusion condition in a family16\nviolence safety notice, the issuing police officer must consider the17\nfollowing:18\n(a) as primary factors—19\n(i) the physical, emotional and psychological needs of the20\nprotected people; and21\n(ii) any disability of the protected people; and22\n(b) as secondary factors—23\n(i) the accommodation needs of, and options for24\naccommodation available to—25\n(A) the protected people; and26\n(B) the respondent; and27\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 34 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(C) any child of the protected people or the respondent;1\nand2\n(ii) the length of time required for a person mentioned in3\nparagraph (b) (i) to find alternative accommodation.4\n(2) In this section:5\nexclusion condition means a condition in a family violence safety6\nnotice prohibiting the respondent from being on premises where the7\nrespondent lives.8\nprotected people, in relation to a respondent, means the protected9\nperson and any child directly or indirectly affected by the10\nrespondent’s alleged conduct.11\n13S Conditions—conflict with court order12\n(1) If a condition in a family violence safety notice is inconsistent with a13\ncourt order in force in the ACT—14\n(a) the family violence safety notice continues in force; but15\n(b) the court order prevails to the extent of the inconsistency.16\n(2) However, this section does not apply to a bail condition in a bail order17\nif the Bail Act 1992, section 26B (Bail condition may be taken to18\ndisplace family violence safety notice condition) applies to the bail19\ncondition.20\nDivision 2A.5 Service and explanation of family21\nviolence safety notice22\n13T Police officer must serve family violence safety notice23\n(1) A family violence safety notice issued against a respondent must be24\npersonally served on the respondent as soon as practicable by a police25\nofficer.26\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If the respondent agrees, the police officer may personally serve the1\nfamily violence safety notice on the respondent using electronic2\ncommunication.3\nExample—personal service using electronic communication4\nA police officer with the respondent emails the family violence safety notice to the5\nrespondent and observes the respondent receiving the email.6\n(3) If the family violence safety notice is served using electronic7\ncommunication, the police officer serving the notice must make a8\nwritten record of the following and keep the record in the police9\nrecords:10\n(a) the form of electronic communication used to serve the notice;11\n(b) how the notice was served using that form of electronic12\ncommunication;13\n(c) the respondent’s agreement to the notice being served using that14\nform of electronic communication.15\n(4) A copy of a family violence safety notice issued against a respondent16\nmust also be given to the following people:17\n(a) the protected person;18\n(b) the chief police officer;19\n(c) the registrar of firearms;20\n(d) if the protected person is a child—the child’s parent or guardian;21\n(e) if the protected person has a disability guardian—the guardian;22\n(f) anyone else the issuing police officer is satisfied has a relevant23\ninterest in the matter who does not already have a copy of the24\nfamily violence safety notice.25\nNote A family violence safety notice may be given using electronic26\ncommunication (see Electronic Transactions Act 2001, s 8).27\n(5) A failure to comply with subsection (4) does not affect the validity of28\nthe family violence safety notice.29\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 36 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNote Section 70F contains provisions about giving a document to a child or the1\nchild’s parent or guardian.2\n13U Police officer must explain family violence safety notice3\n(1) A police officer serving a copy of a family violence safety notice on4\na respondent must, as far as practicable in the circumstances,5\npersonally explain to the respondent in language likely to be readily6\nunderstood by the respondent—7\n(a) the purpose, conditions, effect and duration of the family8\nviolence safety notice; and9\n(b) the consequences of contravening the family violence safety10\nnotice; and11\n(c) how the respondent may apply to the Magistrates Court to have12\nthe family violence safety notice amended or revoked.13\n(2) A police officer giving a copy of a family violence safety notice to a14\nprotected person must, as far as practicable in the circumstances,15\nexplain to the protected person—16\n(a) the purpose, conditions and effect of the family violence safety17\nnotice; and18\n(b) the consequences of the respondent contravening the family19\nviolence safety notice; and20\n(c) how the protected person may apply to the Magistrates Court to21\nhave the family violence safety notice amended or revoked; and22\n(d) how the protected person may apply to the Magistrates Court for23\na family violence order.24\n(3) A failure to comply with this section does not affect the validity of25\nthe service of the family violence safety notice.26\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13V Giving family violence safety notice to child1\n(1) If a family violence safety notice is required to be given to a child, it2\nmust not be given at or near the child’s school unless there is no other3\nplace where the family violence safety notice may reasonably be4\ngiven to the child.5\n(2) If a family violence safety notice is required to be given to a child’s6\nparent or guardian, the family violence safety notice need not be given7\nif—8\n(a) the parent or guardian is also a party to the family violence9\nsafety notice; or10\n(b) the issuing police officer is satisfied that—11\n(i) giving the family violence safety notice is not reasonably12\npracticable; or13\n(ii) there are circumstances that justify the family violence14\nsafety notice not being given.15\nExamples—par (ii)16\n1 the child is estranged from the child’s parent17\n2 there would be an unacceptable risk to the child’s safety if the18\nparent or guardian were given the document19\n(3) In this section:20\nguardian includes a disability guardian.21\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 38 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2A.6 Amendment and revocation of family1\nviolence safety notices2\n13W Meaning of amend a family violence safety notice—pt 2A3\nIn this part:4\namend, a family violence safety notice—5\n(a) includes amend the notice by—6\n(i) adding further conditions, prohibitions or restrictions to7\nthe notice; or8\n(ii) amending or removing conditions, prohibitions or9\nrestrictions in the notice; or10\n(iii) reducing the period for which the notice remains in force;11\nbut12\n(b) does not include extending the period for which the notice13\nremains in force.14\n13X Police officer cannot amend or revoke family violence15\nsafety notice16\nA police officer cannot amend or revoke a family violence safety17\nnotice after it has been served on the respondent.18\n13Y Application to Magistrates Court to amend or revoke19\nfamily violence safety notice20\n(1) Any of the following people may apply to the Magistrates Court for21\namendment or revocation of a family violence safety notice:22\n(a) the protected person;23\n(b) a senior police officer;24\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the respondent.1\nNote If a form is approved under the Court Procedures Act 2004, s 8 for an2\napplication, the form must be used.3\n(2) An application for amendment or revocation—4\n(a) must state—5\n(i) the amendments sought; and6\n(ii) the reasons for the application; and7\n(b) may include any other information in support of the application.8\nExamples—par (a) (ii)9\n1 the protected person has had a change in circumstances since the family10\nviolence safety notice was issued11\n2 the family violence safety notice restricts the respondent’s rights unnecessarily12\n(3) If the registrar of the Magistrates Court receives an application for13\namendment or revocation of a family violence safety notice—14\n(a) if a return date for the application is available before the family15\nviolence safety notice expires—the registrar must, as soon as16\npracticable—17\n(i) set a return date for the application that is before the family18\nviolence safety notice expires; and19\n(ii) serve on the other parties—20\n(A) a copy of the application; and21\n(B) notice of the return date; and22\n(iii) give the applicant notice of the return date; or23\n(b) if a return date for the application is not available before the24\nfamily violence safety notice expires—the registrar or the court25\nmust dismiss the application.26\n(4) Service of the documents under subsection (3) (a) must be personal27\nservice.28\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 40 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) However, if personal service is not reasonably practicable, the court1\nmay order that the documents be served in a way, stated in the order,2\nthat the court considers is likely to bring the documents to the3\nattention of the other parties.4\n(6) In this section:5\nother parties means—6\n(a) if the applicant is the protected person—the issuing police7\nofficer and the respondent; and8\n(b) if the applicant is a senior police officer—the protected person9\nand the respondent; and10\n(c) if the applicant is the respondent—the protected person and the11\nissuing police officer.12\n13Z Decision by Magistrates Court to amend family violence13\nsafety notice14\nThe Magistrates Court may amend a family violence safety notice15\nonly if satisfied that—16\n(a) amending the notice will not adversely affect the safety of the17\nprotected person; and18\n(b) the notice as amended could be made by a senior police officer19\non application for the notice under this part; and20\n(c) if the amendment would reduce the protection of a child who is21\n15 years old or younger—the child is no longer in need of the22\ngreater protection provided by the unamended notice.23\nNote A family violence safety notice cannot be renewed or extended (see24\ns 13L (3)).25\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13ZA Service of amended family violence safety notice1\n(1) If a court amends a family violence safety notice, the registrar must—2\n(a) serve a copy of the amended family violence safety notice on the3\nrespondent; and4\n(b) give a copy of the amended family violence safety notice to the5\nfollowing people:6\n(i) the protected person;7\n(ii) the chief police officer;8\n(iii) the registrar of firearms;9\n(iv) if the protected person is a child—the child’s parent or10\nguardian;11\n(v) if the protected person has a disability guardian—the12\nguardian;13\n(vi) anyone else the court is satisfied has a relevant interest in14\nthe matter who does not already have a copy of the family15\nviolence safety notice.16\nNote Section 13V deals with giving a family violence safety notice to a child.17\n(2) Service under subsection (1) (a) must be personal service unless—18\n(a) the respondent is present when the family violence safety notice19\nis amended; or20\n(b) if personal service is not reasonably practicable—the court21\nmakes an order for service requiring that the amended family22\nviolence safety notice be served in a way, stated in the order for23\nservice, that the court considers is likely to bring the amended24\nfamily violence safety notice to the attention of the respondent.25\n(3) The failure of the registrar to comply with subsection (1) (b) (vi) does26\nnot affect the validity of the family violence safety notice.27\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 46\npage 42 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13ZB Decision by Magistrates Court to revoke family violence1\nsafety notice2\n(1) The Magistrates Court may revoke a family violence safety notice3\nonly if satisfied that—4\n(a) revoking the notice will not adversely affect the safety of the5\nprotected person; and6\n(b) if the revocation would reduce the protection of a child who is7\n15 years old or younger—the child is no longer in need of the8\nprotection provided by the notice.9\n(2) If the Magistrates Court revokes a family violence safety notice, the10\nregistrar must notify the following people, in writing, about the11\nrevocation:12\n(a) the respondent;13\n(b) the protected person;14\n(c) the chief police officer;15\n(d) the registrar of firearms;16\n(e) if the protected person is a child—the child’s parent or guardian;17\n(f) if the protected person has a disability guardian—the guardian;18\n(g) anyone else the court is satisfied has a relevant interest in the19\nrevocation who has not already been notified of the revocation.20\nNote Section 13V deals with giving a family violence safety notice to a child.21\n(3) The failure of the registrar to comply with subsection (2) does not22\naffect the revocation of the family violence safety notice.23","sortOrder":3},{"sectionNumber":"retrieval-0005","sectionType":"document_chunk","heading":"Document excerpt 5","content":"Family violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 46\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2A.7 Effects of family violence safety1\nnotices2\n13ZC Offence—contravene family violence safety notice3\n(1) A person commits an offence if the person—4\n(a) is a respondent for a family violence safety notice; and5\n(b) has been served with the family violence safety notice; and6\n(c) engages in conduct that contravenes a condition in the family7\nviolence safety notice.8\nMaximum penalty: 200 penalty units, imprisonment for 2 years or9\nboth.10\nNote In deciding the sentence to be imposed on a person under this section, the11\nMagistrates Court must consider the matters under the Crimes12\n(Sentencing) Act 2005, s 33 (Sentencing—relevant considerations).13\n(2) Subsection (1) does not apply if—14\n(a) the conduct contravening the notice was necessary on15\nreasonable grounds to avoid breaching a condition of the16\nperson’s bail; and17\n(b) the bail condition was, under the Bail Act 1992, section 26B18\nexpressed to prevail over a condition in the family violence19\nsafety notice.20\nNote The defendant has an evidential burden in relation to the matters21\nmentioned in s (2) (see Criminal Code, s 58).22\n(3) A person does not commit an offence under the Criminal Code,23\nsection 45 (Complicity and common purpose) if the person—24\n(a) is a protected person under the family violence safety notice; and25\n(b) aids, abets, counsels, procures, or is knowingly concerned in or26\na party to, the commission of conduct that contravenes the27\nfamily violence safety notice.28\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 47\npage 44 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13ZD Firearms licence suspended if family violence safety1\nnotice issued2\nIf a family violence safety notice is in force against a respondent who3\nis the holder of a firearms licence—4\n(a) the respondent’s firearms licence is suspended until the family5\nviolence safety notice ends; and6\n(b) a police officer may seize—7\n(i) the firearms licence; and8\n(ii) any firearm or ammunition in the respondent’s possession.9\n13ZE Family violence safety notice continues in force when10\nprotected person becomes adult11\n(1) This section applies if—12\n(a) a family violence safety notice is in force; and13\n(b) a protected person is a child when the family violence safety14\nnotice is issued.15\n(2) The family violence safety notice continues in force in accordance16\nwith the terms of the notice and this Act when the protected person17\nbecomes an adult.18\n47 After-hours orders19\nPart 720\nomit21\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nFamily violence safety notices amendments Division 3.1.1\nSection 48\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n48 New part 251\ninsert2\nPart 25 Transitional—Family, Personal3\nand Sexual Violence Legislation4\nAmendment Act 20255\n231 Meaning of commencement day—pt 256\nIn this part:7\ncommencement day means the day the Family, Personal and Sexual8\nViolence Legislation Amendment Act 2025, section 46 (New part 2A)9\ncommences.10\n232 After-hours orders11\n(1) This section applies if—12\n(a) immediately before the commencement day, an after-hours13\norder is in force against a person; and14\n(b) the order would end on or after the commencement day.15\n(2) The order continues in force until it is revoked or expires.16\n(3) This Act, as in force immediately before the commencement day,17\ncontinues to apply in relation to the order until the order is revoked18\nor expires.19\n(4) In this section:20\nafter‑hours order—see this Act, dictionary, as in force immediately21\nbefore the commencement day.22\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.1 Family violence safety notices amendments\nSection 48\npage 46 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n233 Protection orders1\n(1) This section applies if—2\n(a) immediately before the commencement day, a protection order3\nis in force against a person; and4\n(b) the order would end on or after the commencement day.5\n(2) The order is, on the commencement day, taken to be a family violence6\norder made under this Act.7\n(3) In this section:8\nprotection order—see this Act, dictionary, as in force immediately9\nbefore the commencement day.10\n234 Expiry—pt 2511\nThis part expires 1 year after the day it commences.12\nNote A transitional provision is repealed on its expiry but continues to have13\neffect after its repeal (see Legislation Act, s 88).14\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nConsequential amendments Division 3.1.2\nSection 49\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.1.2 Consequential amendments1\n49 How objects are to be achieved2\nNew section 7 (aa)3\nbefore paragraph (a), insert4\n(aa) giving the police power to issue family violence safety notices5\nto protect people from family violence; and6\n50 Section 7 (b)7\nsubstitute8\n(b) creating offences to enforce family violence safety notices and9\nfamily violence orders; and10\n51 Matters to be considered—family violence orders11\nSection 14 (1) (g) and (h)12\nsubstitute13\n(g) any of the following, in force at any time against the respondent:14\n(i) a family violence safety notice;15\n(ii) a family violence order;16\n(iii) a protection order under the Personal Violence Act 2016;17\n(iv) a family violence related order;18\n(h) any contravention of any of the following, in force at any time19\nagainst the respondent:20\n(i) a family violence safety notice;21\n(ii) a family violence order;22\n(iii) a protection order under the Personal Violence Act 2016;23\n(iv) a family violence related order;24\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.2 Consequential amendments\nSection 52\npage 48 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n52 Section 14 (3)1\nomit2\nin relation to3\nsubstitute4\nin deciding whether to make5\n53 Section 14 (4)6\nsubstitute7\n(4) In this section:8\nfamily violence related order includes the following:9\n(a) an after-hours order under this Act as in force at any time;10\n(b) a protection order under this Act as in force at any time;11\n(c) a protection order under the Domestic Violence Agencies12\nAct 1986 as in force at any time;13\n(d) a protection order under the Domestic Violence and Protection14\nOrders Act 2001 as in force at any time;15\n(e) a protection order under the Domestic Violence and Protection16\nOrders Act 2008 as in force at any time;17\n(f) a restraining order under the Magistrates Court Act 1930 before18\n27 March 2002;19\n(g) an order under a law of a State, another Territory or New20\nZealand that has or had the same effect, or substantially the same21\neffect, as—22\n(i) a family violence order under this Act; or23\n(ii) a protection order under the Personal Violence Act 2016.24\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nConsequential amendments Division 3.1.2\nSection 54\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n54 Family Law Act order1\nSection 15 (1), note 12\nomit3\n55 Who may apply for protection orders?4\nSection 16 (1), note 15\nomit6\n56 What if application is made for the wrong order?7\nSection 18 (1) (a)8\nomit9\nprotection order under this Act10\nsubstitute11\nfamily violence order12\n57 Section 18 (1) (b) (ii)13\nomit14\nan order15\nsubstitute16\na protection order17\n58 What if application for the wrong order is decided?18\nSection 19 (1), example19\nomit20\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.2 Consequential amendments\nSection 59\npage 50 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n59 Sections 27 and 381\nomit2\nhaving regard to3\nsubstitute4\ntaking into account5\n60 Offence—contravention of family violence order6\nSection 43 (1) (b) note7\nsubstitute8\nNote Service requirements for a family violence order are in s 70C.9\n61 Section 44 heading10\nsubstitute11\n44 Firearms licence automatically suspended or cancelled12\n62 Section 44 (1) and note13\nsubstitute14\n(1) If an interim order is made against a respondent who is the holder of15\na firearms licence, the respondent’s firearms licence is suspended16\nuntil the interim order ends.17\nNote For the application of this section to consent orders, see s 33 (4).18\n63 Giving evidence by affidavit for interim order19\nSection 62A (2) (b), except note20\nsubstitute21\n(b) sworn or affirmed before a senior police officer.22\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nConsequential amendments Division 3.1.2\nSection 64\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n64 Service of protection orders1\nSection 70C (1), note 12\nomit3\n65 Affidavit of service of documents by police4\nSection 70G5\nomit6\nanother police officer of, or above, the rank of sergeant7\nsubstitute8\na senior police officer9\n66 Representation—party with impaired decision-making10\nability11\nSection 76 (3), except note12\nsubstitute13\n(3) Nothing in this section prevents a court or judicial officer from14\nmaking an interim order against a respondent with impaired15\ndecision-making ability if the court is satisfied of the matters16\nmentioned in section 21 (Interim orders—grounds for making).17\n67 Definitions—pt 918\nSection 115, definition of family violence order19\nomit20\n68 Section 115, definition of FVO21\nomit22\n(or family violence order)23\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.2 Consequential amendments\nSection 69\npage 52 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n69 Section 115, definition of interim FVO, paragraph (a) and1\nnote2\nsubstitute3\n(a) a family violence safety notice;4\n70 Section 115, definition of local FVO, paragraph (a)5\nsubstitute6\n(a) means—7\n(i) a family violence safety notice under this Act; or8\n(ii) a family violence order under this Act; but9\n71 Certificate evidence—notification10\nSection 139 (5), definition of authorised officer, paragraph11\n(b) (ii)12\nsubstitute13\n(ii) a senior police officer for the ACT.14\n72 Division 9.6 heading15\nsubstitute16\nDivision 9.6 Application of pt 9—existing FVOs17\n73 Dictionary, definition of after-hours order18\nomit19\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nConsequential amendments Division 3.1.2\nSection 74\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n74 Dictionary, definition of amend1\nsubstitute2\namend—3\n(a) for a family violence order—includes amend the order by—4\n(i) adding further conditions, prohibitions or restrictions to5\nthe order or amending or removing conditions,6\nprohibitions or restrictions; or7\n(ii) extending or reducing the period for which the order8\nremains in force; and9\n(b) for a family violence safety notice, for part 2A (Family violence10\nsafety notices)—see section 13W.11\n75 Dictionary, new definition of applicant police officer12\ninsert13\napplicant police officer, for part 2A (Family violence safety14\nnotices)—see section 13D (1).15\n76 Dictionary, definition of business hours16\nomit17\n77 Dictionary, definition of commencement day18\nomit19\nprotection orders20\nsubstitute21\nFVOs22\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.2 Consequential amendments\nSection 78\npage 54 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n78 Dictionary, definition of family violence order1\nsubstitute2\nfamily violence order—3\n(a) means—4\n(i) an interim order; or5\n(ii) a final order; and6\n(b) includes—7\n(i) an order about the seizure of a firearms licence, firearm or8\nammunition; and9\n(ii) an order amending a family violence order, including an10\norder for a provisional amendment under section 82B or a11\ntemporary amendment under section 84.12\n79 Dictionary, new definition of family violence safety notice13\ninsert14\nfamily violence safety notice—see section 13B.15\n80 Dictionary, definition of final order16\nsubstitute17\nfinal order—18\n(a) means a family violence order that is not an interim order; and19\n(b) includes an order amending a final order.20\n81 Dictionary, new definition of issuing police officer21\ninsert22\nissuing police officer, for part 2A (Family violence safety notices)—23\nsee section 13H (1).24\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nConsequential amendments Division 3.1.2\nSection 82\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n82 Dictionary, definition of proceeding1\nsubstitute2\nproceeding—3\n(a) for a family violence order, means—4\n(i) a proceeding for a family violence order; or5\nNote As a family violence order includes an order amending a6\nfamily violence order (see def family violence order), a7\nproceeding for a family violence order includes a8\nproceeding to amend the order.9\n(ii) a proceeding to review a family violence order under10\npart 6 (Review of orders); or11\n(iii) for part 8 (Court-initiated actions)—the family violence12\nproceeding to the extent that the proceeding relates to the13\nexercise of jurisdiction under this Act; and14\n(b) for a family violence safety notice—means a proceeding for15\namendment or revocation of a family violence safety notice.16\n83 Dictionary, definition of protected person17\nsubstitute18\nprotected person means a person protected under—19\n(a) a family violence order; or20\n(b) a family violence safety notice.21\n84 Dictionary, definition of protection order22\nomit23\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.2 Consequential amendments\nSection 85\npage 56 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n85 Dictionary, definition of respondent1\nsubstitute2\nrespondent means—3\n(a) for part 2A (Family violence safety notices)—see section 13B;4\nor5\n(b) for part 8 (Court-initiated actions)—the defendant in the family6\nviolence proceeding; or7\n(c) in any other case—8\n(i) a person in relation to whom an application for a family9\nviolence order has been made; or10\n(ii) a person against whom a family violence order has been11\nmade.12\n86 Dictionary, new definition of senior police officer13\ninsert14\nsenior police officer means a police officer of, or above, the rank of15\nsergeant.16\n87 Further amendments, mentions of protection order17\nomit18\nprotection order19\nsubstitute20\nfamily violence order21\nin22\n• sections 16 to 1723\n• section 19 (1) (a) and (d)24\n• section 3325\n\nFamily violence safety notices amendments Chapter 3\nFamily Violence Act 2016 Part 3.1\nConsequential amendments Division 3.1.2\nSection 87\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• section 391\n• division 4.1 heading2\n• sections 46 to 493\n• sections 51 to 60C4\n• sections 61 to 62A5\n• sections 66 to 686\n• sections 70A to 70D7\n• sections 71 and 71A8\n• sections 82 to 839\n• section 8610\n• sections 91 to 91B11\n• section 10712\n• sections 113 and 11413\n• dictionary, definitions of14\napplication15\nconsent order16\ngeneral interim order17\nreturn date18\nreturned19\nspecial interim order20\n\nChapter 3 Family violence safety notices amendments\nPart 3.1 Family Violence Act 2016\nDivision 3.1.2 Consequential amendments\nSection 88\npage 58 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n88 Further amendments, mentions of protection orders1\nomit2\nprotection orders3\nsubstitute4\nfamily violence orders5\nin6\n• division 3.2 heading7\n• section 16 heading8\n• division 4.4 heading9\n• section 70C heading10\n• part 5 heading11\n• section 82 heading12\n• section 82A heading13\n• section 83 heading14","sortOrder":4},{"sectionNumber":"retrieval-0006","sectionType":"document_chunk","heading":"Document excerpt 6","content":"Family violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nBail Act 1992 Division 3.2.1\nSection 89\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3.2 Other legislation1\nDivision 3.2.1 Bail Act 19922\n89 Bail for serious offence committed while charge for3\nanother pending or outstanding4\nSection 9D (4) and (5) (b)5\nomit6\nauthorised person7\nsubstitute8\nauthorised officer9\n90 Conditions on which bail may be granted to adults10\nSection 25 (4) (f) (i)11\nomit12\nsection 8 (1), definition of family violence, paragraph (a)13\nsubstitute14\nsection 8, definition of family violence15\n91 New section 26A and 26B16\ninsert17\n26A Bail condition inconsistent with family violence safety18\nnotice19\n(1) This section applies if—20\n(a) a family violence safety notice is in force against a person; and21\n(b) a bail condition is also in force against the person; and22\n(c) the bail condition is inconsistent with a condition in the family23\nviolence safety notice; and24\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.1 Bail Act 1992\nSection 91\npage 60 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a court or authorised officer imposing the bail condition has not1\nstated that section 26B (2) applies to the bail condition.2\n(2) The person’s failure to comply with the bail condition, to the extent3\nneeded to comply with the family violence safety notice, is taken not4\nto be a breach of the bail condition.5\n26B Bail condition may be taken to displace family violence6\nsafety notice condition7\n(1) This section applies if—8\n(a) a family violence safety notice is in force against a person; and9\n(b) a court or authorised officer imposes a bail condition on the10\nperson that would be inconsistent with a condition in the family11\nviolence safety notice; and12\n(c) the court or authorised officer is satisfied that the proposed bail13\ncondition would better protect the safety or welfare of a14\nprotected person mentioned in the family violence safety notice.15\n(2) If the court or authorised officer imposes the bail condition, and when16\nimposing the condition states that the condition is intended to displace17\na condition in a family violence safety notice (to the extent of the18\ninconsistency)—19\n(a) section 26A (2) does not apply to the person; and20\n(b) the person’s failure to comply with the family violence safety21\nnotice, to the extent needed to comply with the bail condition, is22\ntaken not to be a contravention of the family violence safety23\nnotice.24\n(3) In this section:25\nfamily violence safety notice—see the Family Violence Act 2016,26\nsection 13B.27\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nChildren and Young People Act 2008 Division 3.2.2\nSection 92\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.2 Children and Young People Act 20081\n92 What is significant harm?2\nSection 344 (4)3\nomit4\n93 Interim matters—Court action before adjournment5\nSection 431 (2) (d)6\nbefore7\ninterim protection order8\ninsert9\ninterim family violence order or10\n94 Division 14.3.5 heading11\nsubstitute12\nDivision 14.3.5 Family violence orders and protection13\norders14\n95 Section 45815\nsubstitute16\n458 Meaning of relevant Act—div 14.3.517\nIn this division:18\nrelevant Act means—19\n(a) for a family violence order—the Family Violence Act 2016; or20\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.2 Children and Young People Act 2008\nSection 96\npage 62 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for a protection order—the Personal Violence Act 2016.1\nNote 1 A family violence order is an interim or final order and includes an order2\nabout the seizure of a firearms licence, firearm or ammunition and an3\norder amending a family violence order (see Family Violence Act 2016,4\ndict, def family violence order).5\nNote 2 A protection order is an interim or final personal or workplace order and6\nincludes an order about the seizure of a firearms licence, firearm or7\nammunition and an order amending a protection order (see Personal8\nViolence Act 2016, dict, def protection order).9\n96 Section 459 heading10\nsubstitute11\n459 Childrens Court may make or amend family violence12\norders and protection orders13\n97 Section 459 (2), except notes14\nbefore15\nprotection order16\ninsert17\nfamily violence order or18\n98 Section 459 (2), note 119\nsubstitute20\nNote 1 A child younger than 14 years old cannot be a respondent to an21\napplication for a family violence order or a protection order (see Family22\nViolence Act 2016, s 75 and Personal Violence Act 2016, s 69).23\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nChildren and Young People Act 2008 Division 3.2.2\nSection 99\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n99 Section 459 (2), note 21\nbefore2\ninterim protection order3\ninsert4\ninterim family violence order or5\n100 Section 459 (3)6\nomit7\n(3) The Childrens Court may make a protection order or amend an8\nexisting protection order—9\nsubstitute10\n(3) The Childrens Court may make a family violence order or protection11\norder, or amend an existing family violence order or protection12\norder—13\n101 Section 459 (3) note14\nbefore15\nprotection order16\ninsert17\nfamily violence order or18\n102 Section 459 (4), definition of family violence19\nomit20\n103 Section 460 heading21\nsubstitute22\n460 Effect of making family violence order or protection order23\nunder this Act24\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.2 Children and Young People Act 2008\nSection 104\npage 64 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n104 Section 4601\nbefore2\nprotection order3\ninsert4\nfamily violence order or5\n105 Police assistance6\nSection 679 (1) (h) and note7\nsubstitute8\n(h) a family violence order or protection order;9\nNote A family violence order under the Family Violence Act 2016 or a10\nprotection order under the Personal Violence Act 2016 may be11\nmade by the Childrens Court under s 459.12\n106 Safe custody warrant—criteria13\nSection 686 (1) (a) (v) and note14\nsubstitute15\n(v) a family violence order or protection order;16\nNote A family violence order under the Family Violence Act 201617\nor a protection order under the Personal Violence Act 201618\nmay be made by the Childrens Court under s 459.19\n107 Appeals to Supreme Court—generally20\nSection 835 (1) note21\nsubstitute22\nNote An appeal in relation to a family violence order under the Family23\nViolence Act 2016, or a protection order under the Personal Violence24\nAct 2016, that was made by the Childrens Court under s 459, is dealt with25\nunder the relevant Act (see s 460 (c)).26\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nChildren and Young People Act 2008 Division 3.2.2\nSection 108\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 65\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n108 Dictionary, new definitions1\ninsert2\nfamily violence—see the Family Violence Act 2016, section 8.3\nfamily violence order—see the Family Violence Act 2016, dictionary.4\nNote A family violence order is an interim or final order and includes an order5\nabout the seizure of a firearms licence, firearm or ammunition and an6\norder amending a family violence order (see Family Violence Act 2016,7\ndict, def family violence order).8\n109 Dictionary, definition of protection order9\nsubstitute10\nprotection order—see the Personal Violence Act 2016, dictionary.11\nNote A protection order is an interim or final personal or workplace order and12\nincludes an order about the seizure of a firearms licence, firearm or13\nammunition and an order amending a protection order (see Personal14\nViolence Act 2016, dict, def protection order).15\n110 Dictionary, definition of relevant Act16\nsubstitute17\nrelevant Act, for division 14.3.5 (Family violence orders and18\nprotection orders)—see section 458.19\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.3 Crimes Act 1900\nSection 111\npage 66 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.3 Crimes Act 19001\n111 Seizure of firearms—warrants and emergencies2\nSection 191 (4) (b)3\nomit4\nprotection order under the Family Violence Act 20165\nsubstitute6\nfamily violence order7\n112 Section 192 heading8\nsubstitute9\n192 Seizure of firearms—family violence safety notices,10\nfamily violence orders and protection orders11\n113 New section 192 (1A)12\nbefore subsection (1), insert13\n(1A) For this section, a firearms seizure provision is in operation against14\na person who holds a firearms licence (the licensee) if—15\n(a) a family violence safety notice is in force against the licensee;16\nor17\nNote If a family violence safety notice is in force against a person who18\nholds a firearms licence, a police officer may seize the firearms19\nlicence and any firearm or ammunition in the person’s possession20\n(see Family Violence Act 2016, s 13ZD).21\n(b) a family violence order is made against the licensee and the court22\nor judicial officer orders the seizure of the firearms licence, a23\nfirearm or ammunition; or24\nNote See the Family Violence Act 2016, s 44.25\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nCrimes Act 1900 Division 3.2.3\nSection 114\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 67\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a protection order is made against a licensee and the Magistrates1\nCourt orders the seizure of the firearms licence, a firearm or2\nammunition.3\nNote See the Personal Violence Act 2016, s 38.4\n114 Section 192 (1)5\nomit6\nan order under a protection order provision7\nsubstitute8\na firearms seizure provision in operation against a licensee9\n115 Section 192 (1) (a)10\nomit11\nrespondent named in the order12\nsubstitute13\nlicensee14\n116 Section 192 (5) (a)15\nomit16\nfor the purpose of enforcing an order mentioned in that subsection;17\nand18\nsubstitute19\n; but20\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.3 Crimes Act 1900\nSection 117\npage 68 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n117 Section 192 (5) (b)1\nomit2\na protection order provision3\nsubstitute4\na firearms seizure provision in operation against a licensee5\n118 Section 192 (5) (c)6\nsubstitute7\n(c) the licensee produces to the registrar of firearms a certificate of8\nthe registrar of the Magistrates Court to the effect that the9\nfirearms seizure provision is no longer in operation against the10\nlicensee; and11\n119 Section 192 (5) (d)12\nomit13\ncourt orders in force14\nsubstitute15\nfirearms seizure provisions in operation against the licensee16\n120 Section 192 (8)17\nomit18\n121 Definitions—div 10.4A19\nSection 210A, definition of serious offence, paragraph (c)20\nomit21\nwithin the meaning of the Family Violence Act 201622\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nCrimes Act 1900 Division 3.2.3\nSection 122\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 69\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n122 Power of arrest without warrant by police officers1\nSection 212 (5)2\nomit3\n123 Dictionary, new definitions4\ninsert5\nfamily violence offence—see the Family Violence Act 2016,6\ndictionary.7\nfamily violence order—see the Family Violence Act 2016, dictionary.8\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.4 Crimes (Restorative Justice) Act 2004\nSection 124\npage 70 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.4 Crimes (Restorative Justice) Act 20041\n124 Definitions—offences and offenders2\nSection 12 (1), definition of less serious family violence3\noffence, paragraph (b)4\nsubstitute5\n(b) contravention of—6\n(i) a family violence safety notice under the Family Violence7\nAct 2016, section 13ZC; or8\n(ii) a family violence order under the Family Violence9\nAct 2016, section 43.10\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nCrimes (Sentencing) Act 2005 Division 3.2.5\nSection 125\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 71\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.5 Crimes (Sentencing) Act 20051\n125 Sentencing—family violence offences2\nSection 34B (2) (b)3\nsubstitute4\n(b) any of the following are in force against the offender in relation5\nto the family violence offence:6\n(i) a family violence safety notice;7\n(ii) a family violence order;8\n(iii) a protection order under the Domestic Violence and9\nProtection Orders Act 2008 (repealed).10\n126 Section 34B (3), definition of family violence11\nsubstitute12\nfamily violence—see the Family Violence Act 2016, section 8.13\n127 Section 34B (3), new definitions14\ninsert15\nfamily violence order—see the Family Violence Act 2016, dictionary.16\nfamily violence safety notice—see the Family Violence Act 2016,17\nsection 13B.18\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.6 Criminal Code 2002\nSection 128\npage 72 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.6 Criminal Code 20021\n128 Publishing identifying information about childrens2\nproceedings3\nSection 712A (5), definition of childrens proceeding,4\nparagraphs (b) and (c) (i)5\nomit6\nthat Act7\nsubstitute8\nthe Children and Young People Act 20089\n129 Section 712A (5), definition of childrens proceeding,10\nparagraph (d) and note11\nsubstitute12\n(d) the child or young person is or was the subject of a proceeding13\nunder the Children and Young People Act 2008, division 14.3.514\n(Family violence orders and protection orders); or15\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nDangerous Substances Act 2004 Division 3.2.7\nSection 130\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 73\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.7 Dangerous Substances Act 20041\n130 Working out whether person is a suitable person2\nSection 49 (1) (h)3\nsubstitute4\n(h) whether the person or a close associate of the person has, within5\nthe 5-year period before the day the application is made, been6\nsubject to any of the following orders (other than an order that7\nhas been revoked or for which an appeal against the making of8\nthe order has been upheld):9\n(i) a family violence order;10\n(ii) a corresponding family violence order;11\n(iii) a protection order;12\n(iv) a corresponding protection order;13\n131 Section 49 (2)14\nsubstitute15\n(2) In this section:16\ncorresponding family violence order means an order (however17\ndescribed) under a law of the Commonwealth, a State, another18\nTerritory or New Zealand that has the same effect, or substantially the19\nsame effect, as a family violence order.20\ncorresponding protection order means an order (however described)21\nunder a law of the Commonwealth, a State, another Territory or New22\nZealand that has the same effect, or substantially the same effect, as23\na protection order.24\nfamily violence order means a final order under the Family Violence25\nAct 2016.26\nprotection order means a final order under the Personal Violence27\nAct 2016.28","sortOrder":5},{"sectionNumber":"retrieval-0007","sectionType":"document_chunk","heading":"Document excerpt 7","content":"Chapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.8 Evidence (Miscellaneous Provisions) Act 1991\nSection 132\npage 74 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.8 Evidence (Miscellaneous Provisions)1\nAct 19912\n132 Meaning of sexual offence proceeding—ch 43\nSection 41, definition of sexual offence proceeding,4\nparagraphs (b) and (c)5\nsubstitute6\n(b) a proceeding for an offence against—7\n(i) the Family Violence Act 2016—8\n(A) section 13ZC (Offence—contravene family violence9\nsafety notice) if the family violence safety notice was10\nmade because of a sexual offence, or an alleged11\nsexual offence, against a person protected under the12\nnotice; or13\n(B) section 43 (Offence—contravention of family14\nviolence order) if the family violence order was made15\nbecause of a sexual offence, or an alleged sexual16\noffence, against a person protected under the order;17\nor18\n(ii) the Personal Violence Act 2016, section 35 (Offence—19\ncontravention of protection order) if the protection order20\nwas made because of a sexual offence, or an alleged sexual21\noffence, against the person protected under the order.22\n133 Recorded statement—offence to publish23\nSection 81J (2) (c)24\nomit25\nprotection order under the Family Violence Act 201626\nsubstitute27\nfamily violence order28\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nEvidence (Miscellaneous Provisions) Act 1991 Division 3.2.8\nSection 134\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 75\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n134 Section 81J (2) (c) (i) and (ii)1\nomit2\nprotection order3\nsubstitute4\nfamily violence order5\n135 Division 4.5.3 and section 81K headings6\nsubstitute7\nDivision 4.5.3 Recorded statement of police8\ninterview admissible as evidence—9\napplication for family violence order10\n81K Recorded statement—may be admitted as evidence in11\napplication for family violence order12\n136 Section 81K (2)13\nomit14\nprotection order under the Family Violence Act 201615\nsubstitute16\nfamily violence order17\n137 Section 81K (2) (a) and (b)18\nomit19\nprotection order20\nsubstitute21\nfamily violence order22\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.8 Evidence (Miscellaneous Provisions) Act 1991\nSection 138\npage 76 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n138 Dictionary, new definition of family violence order1\ninsert2\nfamily violence order—see the Family Violence Act 2016, dictionary.3\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nFirearms Act 1996 Division 3.2.9\nSection 139\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 77\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.9 Firearms Act 19961\n139 Assessing suitability of individuals—discretionary2\ncriteria3\nSection 18 (1) (b) (ii)4\nomit5\nsubject to a final protection order6\nsubstitute7\nsubject to a final family violence order or a final protection order8\n140 Section 18 (1) (b) (iii)9\nomit10\nsubject to an interim protection order11\nsubstitute12\nsubject to an interim family violence order or an interim protection13\norder14\n141 Assessing suitability of individuals—mandatory criteria15\nSection 19 (1) (b) (i)16\nomit17\nsubject to a final protection order other than an order that18\nsubstitute19\nsubject to a final family violence order or a final protection order,20\nother than an order that21\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.9 Firearms Act 1996\nSection 142\npage 78 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n142 Adult firearms licences—mandatory suspension for1\nfamily violence offence2\nSection 80 (1), notes3\nsubstitute4\nNote 1 A person’s licence is automatically suspended under the Family Violence5\nAct 2016—6\n(a) s 13ZD if a family violence safety notice is issued against the7\nperson; or8\n(b) s 44 (1) if an interim order is made against the person.9\nNote 2 A person’s licence is automatically suspended under the Personal10\nViolence Act 2016, s 36 if an interim order is made against the person11\nunless the court otherwise orders.12\nNote 3 If the registrar suspends a licence under this section, the registrar must13\ngive written notice of the decision to the licensee (see s 260).14\n143 Section 81A heading15\nsubstitute16\n81A Adult firearms licences—reconsideration of suitability of17\nlicensee under protection order18\n144 Section 81A (1) (a)19\nsubstitute20\n(a) a licensee is subject to an interim protection order or a final21\nprotection order (a current protection order); and22\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nFirearms Act 1996 Division 3.2.9\nSection 145\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 79\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n145 Minors firearms licences—mandatory suspension if1\nfamily violence offence2\nSection 97 (1), notes3\nsubstitute4\nNote 1 A person’s licence is automatically suspended under the Family Violence5\nAct 2016—6\n(a) s 13ZD if a family violence safety notice is issued against the7\nperson; or8\n(b) s 44 (1) if an interim order is made against the person.9\nNote 2 A person’s licence is automatically suspended under the Personal10\nViolence Act 2016, s 36 if an interim order is made against the person11\nunless the court otherwise orders.12\nNote 3 If the registrar suspends a licence under this section, the registrar must13\ngive written notice of the decision to the licensee (see s 260).14\n146 Section 98A heading15\nsubstitute16\n98A Minors firearms licences—reconsideration of suitability17\nof licensee under protection order18\n147 Section 98A (1) (a)19\nsubstitute20\n(a) a licensee is subject to an interim protection order or a final21\nprotection order (a current protection order); and22\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.9 Firearms Act 1996\nSection 148\npage 80 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n148 Dictionary, new definition of final family violence order1\ninsert2\nfinal family violence order—3\n(a) means a final order under the Family Violence Act 2016; and4\n(b) includes the following orders, other than an order of an interim5\nnature:6\n(i) a protection order under the Domestic Violence and7\nProtection orders Act 2008 as in force at any time;8\n(ii) a recognised FVO;9\n(iii) any other order under a law of a State, another Territory or10\nNew Zealand that has or had the same effect, or11\nsubstantially the same effect, as an order mentioned in12\nparagraph (a).13\n149 Dictionary, definition of final protection order14\nsubstitute15\nfinal protection order—16\n(a) means a final order under the Personal Violence Act 2016; and17\n(b) includes any other order under a law of a State, another Territory18\nor New Zealand that has or had the same effect, or substantially19\nthe same effect, as an order mentioned in paragraph (a).20\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nFirearms Act 1996 Division 3.2.9\nSection 150\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 81\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n150 Dictionary, new definition of interim family violence order1\ninsert2\ninterim family violence order—3\n(a) means—4\n(i) an interim order under the Family Violence Act 2016; or5\n(ii) a recognised FVO of an interim nature; and6\n(b) includes an order of an interim nature that has or had the same7\neffect, or substantially the same effect, as an order mentioned in8\nparagraph (a) under the following:9\n(i) the Domestic Violence and Protection orders Act 2008 as10\nin force at any time;11\n(ii) a law of a State, another Territory or New Zealand.12\n151 Dictionary, definition of interim protection order13\nsubstitute14\ninterim protection order—15\n(a) means an interim order under the Personal Violence Act 2016;16\nand17\n(b) includes an order of an interim nature that has or had the same18\neffect, or substantially the same effect, as an order mentioned in19\nparagraph (a) under a law of a State, another Territory or New20\nZealand.21\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.10 Personal Violence Act 2016\nSection 152\npage 82 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.10 Personal Violence Act 20161\n152 Objects of Act2\nSection 6, note3\nomit4\nprotection orders5\nsubstitute6\nfamily violence orders7\n153 Meaning of personal violence8\nSection 8 (3), note9\nomit10\nprotection orders11\nsubstitute12\nfamily violence orders13\n154 Matters to be considered—protection orders14\nSection 11 (1) (d) and (e)15\nsubstitute16\n(d) any of the following, in force at any time against the respondent:17\n(i) a protection order;18\n(ii) a family violence safety notice;19\n(iii) a family violence order;20\n(iv) a protection related order;21\n(e) any contravention of any of the following, in force at any time22\nagainst the respondent:23\n(i) a protection order;24\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nPersonal Violence Act 2016 Division 3.2.10\nSection 155\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 83\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) a family violence safety notice;1\n(iii) a family violence order;2\n(iv) a protection related order;3\n155 Section 11 (3)4\nomit5\nin relation to6\nsubstitute7\nin deciding whether to make8\n156 Section 11 (4)9\nsubstitute10\n(4) In this section:11\nprotection related order includes the following:12\n(a) an after-hours order under the Family Violence Act 2016 as in13\nforce at any time;14\n(b) a protection order under the Family Violence Act 2016 as in15\nforce at any time;16\n(c) a protection order under the Domestic Violence Agencies17\nAct 1986 as in force at any time;18\n(d) a protection order under the Domestic Violence and Protection19\nOrders Act 2008 as in force at any time;20\n(e) a protection order under the Domestic Violence and Protection21\nOrders Act 2001 as in force at any time;22\n(f) a restraining order under the Magistrates Court Act 1930 before23\n27 March 2002;24\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.10 Personal Violence Act 2016\nSection 157\npage 84 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) an order under a law of a State, another Territory or New1\nZealand that has or had the same effect, or substantially the same2\neffect, as—3\n(i) a protection order; or4\n(ii) a family violence order.5\n157 What if application is made for the wrong order?6\nSection 15 (1) (a)7\nomit8\nunder this Act9\n158 Section 15 (1) (b) (ii)10\nomit11\nan order under the Family Violence Act 201612\nsubstitute13\na family violence order14\n159 Section 15 (2)15\nomit16\nprotection order under the Family Violence Act 2016 even though that17\nprotection order18\nsubstitute19\nfamily violence order under the Family Violence Act 2016 even20\nthough the family violence order21\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nPersonal Violence Act 2016 Division 3.2.10\nSection 160\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 85\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n160 Section 15 (2) (b)1\nomit2\nprotection order under the Family Violence Act 20163\nsubstitute4\nfamily violence order5\n161 What if application for the wrong order is decided?6\nSection 16 (1) (e)7\nomit8\nprotection order9\nsubstitute10\nfamily violence order11\n162 Section 16 (2)12\nomit13\nan order14\nsubstitute15\na family violence order16\n163 Section 24, 30 and 3217\nomit18\nhaving regard to19\nsubstitute20\ntaking into account21\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.10 Personal Violence Act 2016\nSection 164\npage 86 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n164 Dictionary, definition of amend, paragraph (a)1\nomit2\ndeleting3\nsubstitute4\nremoving5\n165 Dictionary, new definitions6\ninsert7\nfamily violence order—see the Family Violence Act 2016, dictionary.8\nfamily violence safety notice—see the Family Violence Act 2016,9\nsection 13B.10\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nProhibited Weapons Regulation 1997 Division 3.2.11\nSection 166\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 87\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.11 Prohibited Weapons Regulation 19971\n166 General grounds for refusal to issue permits2\nSection 5 (3) (a)3\nomit4\nthe relevant period in the ACT,5\nsubstitute6\nthe 10 years before the day the application was made, in the ACT7\n167 Section 5 (3) (b) and (c)8\nsubstitute9\n(b) the person is, or has been within the 10 years before the day the10\napplication was made, subject to any of the following orders11\n(other than an order that has been revoked):12\n(i) a family violence order;13\n(ii) a corresponding family violence order;14\n(iii) a protection order;15\n(iv) a corresponding protection order; or16\n(c) the person is subject to any of the following:17\n(i) an interim family violence order;18\n(ii) a corresponding interim family violence order;19\n(iii) an interim protection order;20\n(iv) a corresponding interim protection order;21\n168 Section 5 (4)22\nomit23\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.11 Prohibited Weapons Regulation 1997\nSection 169\npage 88 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n169 Section 5 (6), definition of corresponding order1\nsubstitute2\ncorresponding family violence order means an order (however3\ndescribed) under a law of a State, another Territory or New Zealand4\nthat has the same effect, or substantially the same effect, as a family5\nviolence order.6\ncorresponding interim family violence order means an order7\n(however described) under a law of a State, another Territory or New8\nZealand that has the same effect, or substantially the same effect, as9\nan interim family violence order.10\ncorresponding interim protection order means an order (however11\ndescribed) under a law of a State, another Territory or New Zealand12\nthat has the same effect, or substantially the same effect, as an interim13\nprotection order.14\ncorresponding protection order means an order (however described)15\nunder a law of a State, another Territory or New Zealand that has the16\nsame effect, or substantially the same effect, as a protection order.17\nfamily violence order means a final order under the Family Violence18\nAct 2016.19\n170 Section 5 (6), definition of interim protection order20\nsubstitute21\ninterim family violence order means an interim order under the22\nFamily Violence Act 2016.23\ninterim protection order means an interim order under the Personal24\nViolence Act 2016.25\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nProhibited Weapons Regulation 1997 Division 3.2.11\nSection 171\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 89\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n171 Section 5 (6), definition of protection order1\nsubstitute2\nprotection order means a final order under the Personal Violence3\nAct 2016.4\n172 Section 5 (6), definition of relevant period5\nomit6\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.12 Residential Tenancies Act 1997\nSection 173\npage 90 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.12 Residential Tenancies Act 19971\n173 Threats, harassment, intimidation or abuse by lessor etc2\nSection 45A (6) (e)3\nsubstitute4\n(e) any of the following is made at any time against the lessor:5\n(i) a family violence safety notice;6\n(ii) a family violence order;7\n(iii) a personal protection order;8\n174 Definitions—div 4.3A9\nSection 46C, definition of family violence order10\nomit11\n175 Termination for family violence12\nSection 46D (3) (b) (i)13\nsubstitute14\n(i) a family violence safety notice, or family violence order,15\nprotecting the tenant or child;16\n176 New section 46D (6)17\ninsert18\n(6) In this section:19\nfamily violence order includes an order (however described) under a20\nlaw of a State, another Territory or New Zealand that has the same21\neffect, or substantially the same effect, as a family violence order.22\nNote Family violence order—see the Family Violence Act 2016, dictionary.23","sortOrder":6},{"sectionNumber":"retrieval-0008","sectionType":"document_chunk","heading":"Document excerpt 8","content":"Family violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nResidential Tenancies Act 1997 Division 3.2.12\nSection 177\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 91\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n177 Threats, harassment, intimidation or abuse by tenant1\nSection 51A (7) (e)2\nsubstitute3\n(e) any of the following is made at any time against the tenant or4\nanother person living at the premises:5\n(i) a family violence safety notice;6\n(ii) a family violence order;7\n(iii) a personal protection order;8\n178 Division 6.5A heading and section 859\nsubstitute10\nDivision 6.5A Powers and decisions of ACAT—11\nfamily violence safety notices, family12\nviolence orders and personal13\nprotection orders14\n85 Definitions—div 6.5A15\nIn this division:16\nprotected person—17\n(a) for a family violence safety notice—see the Family Violence18\nAct `2016, dictionary; or19\n(b) for a family violence order—see the Family Violence Act 2016,20\ndictionary; or21\n(c) for a personal protection order—see the Personal Violence22\nAct 2016, dictionary.23\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.12 Residential Tenancies Act 1997\nSection 179\npage 92 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrespondent—1\n(a) for a family violence safety notice—see the Family Violence2\nAct 2016, dictionary; or3\n(b) for a family violence order—see the Family Violence Act 2016,4\ndictionary; or5\n(c) for a personal protection order—see the Personal Violence6\nAct 2016, dictionary.7\n179 Section 85A heading8\nsubstitute9\n85A New tenancy agreement—family violence safety notices,10\nfamily violence orders and personal protection orders11\n180 Section 85A (1) (a)12\nsubstitute13\n(a) any of the following is made against a respondent:14\n(i) a family violence safety notice;15\n(ii) a family violence order;16\n(iii) a personal protection order;17\n181 Section 85A (1) (c)18\nomit19\nunder the order20\nsubstitute21\nfor the family violence safety notice, family violence order or22\npersonal protection order23\n\nFamily violence safety notices amendments Chapter 3\nOther legislation Part 3.2\nResidential Tenancies Act 1997 Division 3.2.12\nSection 182\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 93\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n182 Section 85A (1) (d) (i)1\nafter2\norder3\ninsert4\nor notice5\n183 Section 85A (4)6\nsubstitute7\n(4) In this section:8\nexclusion condition—9\n(a) for a family violence safety notice—see the Family Violence10\nAct 2016, section 13R (2); or11\n(b) for a family violence order—see the Family Violence Act 2016,12\nsection 39 (4); or13\n(c) for a personal protection order—see the Personal Violence14\nAct 2016, section 31 (4).15\n184 Applications under s 85A—ACAT orders16\nSection 85B (1)17\nomit18\nprotected person under a protection order19\nsubstitute20\nperson who is a protected person under a family violence safety21\nnotice, a family violence order or a personal protection order22\n\nChapter 3 Family violence safety notices amendments\nPart 3.2 Other legislation\nDivision 3.2.12 Residential Tenancies Act 1997\nSection 185\npage 94 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n185 Section 85B (2) (a)1\nomit2\nprotection order3\nsubstitute4\nfamily violence safety notice, family violence order or personal5\nprotection order,6\n186 Dictionary, definition of family violence order7\nsubstitute8\nfamily violence order—see the Family Violence Act 2016, dictionary.9\n187 Dictionary, definition of protected person10\nomit11\nprotection orders12\nsubstitute13\nfamily violence safety notices, family violence orders and personal14\nprotection orders15\n188 Dictionary, definition of protection order16\nomit17\n189 Dictionary, definition of respondent18\nomit19\nprotection orders20\nsubstitute21\nfamily violence safety notices, family violence orders and personal22\nprotection orders23\n\nFamily violence offences Chapter 3\nOther legislation Part 3.2\nVictims of Crime (Financial Assistance) Act 2016 Division 3.2.13\nSection 190\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 95\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.13 Victims of Crime (Financial1\nAssistance) Act 20162\n190 Family violence offences3\nSchedule 1, division 1.2.2, new item 18A4\ninsert5\n18A Family Violence\nAct\n13ZC contravene family violence safety notice\n\nChapter 3 Family violence offences\nPart 3.2 Other legislation\nDivision 3.2.14 Working with Vulnerable People (Background Checking) Act 2011\nSection 191\npage 96 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2.14 Working with Vulnerable People1\n(Background Checking) Act 20112\n191 Application for registration for NDIS activity—additional3\ncontents4\nSection 18A (1) (b) (iii)5\nsubstitute6\n(iii) has had any of the following made against them:7\n(A) a family violence safety notice or a notice (however8\ndescribed) made under a law of another jurisdiction9\nthat has the same effect, or substantially the same10\neffect, as a family violence safety notice;11\n(B) a family violence order or an order (however12\ndescribed) under a law of another jurisdiction that13\nhas the same effect, or substantially the same effect,14\nas a family violence order;15\n(C) a protection order or an order (however described)16\nunder a law of another jurisdiction that has the same17\neffect, or substantially the same effect, as a18\nprotection order; and19\n192 Section 18A (2), new definitions20\ninsert21\nfamily violence order—see the Family Violence Act 2016, dictionary.22\nfamily violence safety notice—see the Family Violence Act 2016,23\nsection 13B.24\nprotection order—see the Personal Violence Act 2016, dictionary.25\n\nFamily violence offences Chapter 3\nOther legislation Part 3.2\nWorking with Vulnerable People (Background Checking) Act 2011 Division 3.2.14\nSection 193\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 97\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n193 Risk assessment guidelines—content1\nSection 28 (2) (e), example 12\nsubstitute3\n1 a family violence safety notice or a family violence order made against4\nthe person under the Family Violence Act 2016, or a protection order5\nmade against the person under the Personal Violence Act 20166\n\nSchedule 1 Consequential amendments\nPart 1.1 Children and Young People Act 2008\nAmendment [1.1]\npage 98 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Consequential amendments1\n(see s 3)2\nPart 1.1 Children and Young People3\nAct 20084\n[1.1] Section 246, definition of privileged, paragraph (b)5\nomit6\ndivision 4.4.3 (Sexual and family violence offence proceedings—7\nprotection of counselling communications)8\nsubstitute9\nchapter 6B (Protection of counselling communications about sexual10\nand family violence)11\nPart 1.2 Court Procedures Act 200412\n[1.2] Section 41 (2) (d) (vi)13\nomit14\nsection 79G (5)15\nsubstitute16\nsection 98G (5)17\n[1.3] Section 41 (2) (d) (vii)18\nomit19\nsection 79I (2) (a)20\nsubstitute21\nsection 98I (2) (a)22\n\nConsequential amendments Schedule 1\nEvidence Act 2011 Part 1.3\nAmendment [1.4]\nFamily, Personal and Sexual Violence Legislation\nAmendment Bill 2025\npage 99\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1.3 Evidence Act 20111\n[1.4] Section 126F (3)2\nomit3\ndivision 4.4.3 (Sexual and family violence offence proceedings—4\nprotection of counselling communications)5\nsubstitute6\nchapter 6B (Protection of counselling communications about sexual7\nand family violence)8\n\npage 100 Family, Personal and Sexual Violence Legislation\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 3 December 2025.\n2 Notification\nNotified under the Legislation Act on 2025.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2025","sortOrder":7}],"analysis":{"summary":{"status_summary":"The bill was introduced in the ACT Legislative Assembly on 3 December 2025 and has not yet been passed.","complexity_score":8,"likely_questions":["When will the family violence safety notice provisions actually commence?","Can a respondent challenge a family violence safety notice before it expires?","How does a family violence safety notice interact with an existing family violence order?","What happens to a firearms licence if a family violence safety notice is issued?","Does the bill change the maximum penalty for contravening a family violence order?","Are there any new offences created by this bill?","How does the bill affect a tenant who has a family violence safety notice against them?","What is the change to sentencing for child sexual offenders regarding good character?","Can a protected person apply to vary a family violence safety notice?","What is the role of a senior police officer in issuing a family violence safety notice?"],"complexity_factors":["The bill amends 16 different Acts, requiring cross-referencing and understanding of multiple existing legal frameworks.","The creation of a new police-issued family violence safety notice introduces a parallel regime to existing court-ordered protection orders, with different procedures, grounds, duration, and consequences.","Many amendments are purely mechanical (renumbering sections, updating cross-references), which increases volume but does not change substantive law.","The interaction between the new FVSN and existing bail conditions, firearms licensing, and residential tenancies adds layers of complexity.","The transitional provisions for converting existing after-hours orders and protection orders into the new system require careful legal interpretation.","The bill uses a large number of defined terms and cross-references to definitions in other Acts, making it difficult for a lay reader to follow."],"plain_english_summary":"The Bill creates a new police‑issued family violence safety notice (FVSN) regime replacing after‑hours orders, letting police rapidly impose 14‑day exclusion and safety conditions (with criminal penalties for breach) and automatically suspend respondents’ firearms licences. It updates evidence and sentencing rules, clarifies court attendance and review rights, and makes consequential amendments across multiple Acts. It aims to speed protection for alleged victims but shifts significant procedural power and burdens onto respondents and police, with the FVSN regime delayed six months for implementation."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Bill expands the scope of the territory's family-violence response beyond court-issued protection orders by creating a police-led, short-term enforcement instrument (family violence safety notices) with immediate legal effect, criminal penalties for breach, and automatic triggers for firearms suspension and seizure (new Part 2A, ss 13B–13ZD). It also broadens the statutory net by treating FVSNs equivalently to family violence orders in many other laws (firearms, bail, tenancy, background checks, sentencing, evidence and more). Those additions shift some immediate protective decision-making and enforcement from courts to senior police officers and add a new detention power during the application period (s 13C), which materially extends the operational reach of the family-violence regulatory framework compared with a regime limited to court-initiated orders."},"complexity_factors":["Large number of amendments spanning many Acts (Evidence, Family Violence, Personal Violence, Crimes, Firearms, Bail, Children & Young People, Residential Tenancies, Working with Vulnerable People, Prohibited Weapons Regs, Victims of Crime, Restorative Justice, Sentencing, Criminal Code and more).","Introduces a new substantive regime (Part 2A: family violence safety notices) with operational police powers, detention, service, criminal offences, and court review.","Multiple cross-references and consequential edits to definitions in dozens of provisions and dictionaries (e.g. converting many references to 'protection order' into 'family violence order' or adding 'family violence safety notice' recognitions).","Renumbering/relocating of evidence-protection provisions (division to new chapter) and simultaneous insertion of a new waiver regime with different rules for civil and criminal proceedings (adds conditional logic).","Interaction logic and exceptions across regimes: bail vs FVSN (new ss 26A–26B), firearms suspension and seizure rules tied to notices and orders, and interplay with background-checks and licensing (Firearms Act, Prohibited Weapons Regs, Working with Vulnerable People Act).","New time-limited detention power (up to 4 hours) with 'least restrictive option' test and detailed procedural safeguards (s 13C) raising discretionary and operational complexity.","Multiple conditional pathways for issuing, serving, amending, revoking and contesting notices, including stay rules for registrar decisions and court return-date logistics (ss 13E, 13G, 13M, 13Y–13ZB, 91B(6A), 83B(6A)).","Criminalisation with evidential burdens and exceptions (s 13ZC) requiring coordination among police, prosecutors and courts.","Transitional provisions and expiry rules for conversion of prior orders and compatibility clauses (Part 25 transitional provisions, s 232–234)."],"plain_english_summary":"**What this Bill does (mechanically)\n\n- Creates a new, short-term police-issued protection tool called a \"family violence safety notice\" (FVSN). A FVSN can be issued only if there is a risk of family violence and a notice is immediately necessary to protect the affected person or their property (s 13B).\n- Sets a police application and decision pathway: an attending police officer applies to a senior police officer (sergeant or above) (s 13D, 13G); the senior officer may issue the notice (s 13H) or refuse and record the refusal (s 13N).\n- Allows an applicant police officer to remove and detain the proposed respondent for up to 4 hours during the application period where necessary and the least restrictive option (s 13C(1)–(4)).\n- Specifies what must be in a FVSN, how it is served, who must receive copies (including the court registrar and firearms registrar), and that it lasts 14 days from service unless revoked sooner or replaced by a court order (s 13I, 13T, 13L, 13M).\n- Makes contravening a FVSN a criminal offence punishable by up to 200 penalty units, 2 years imprisonment, or both (s 13ZC). There are narrow exceptions tied to bail conditions (s 13ZC(2)) and care for protected people (s 13ZC(3)).\n- Provides that if a FVSN is in force against a firearms licence holder, the licence is suspended and police may seize the licence, firearms and ammunition (s 13ZD). The Bill adjusts the Crimes Act and Firearms Act to treat FVSNs as triggering seizure and suspension powers (Crimes Act s 192(1A); Family Violence Act s 13ZD; Firearms Act notes and definitions amended).\n- Creates court processes to amend or revoke FVSNs (Magistrates Court) with rules on who can apply, service and return dates, and the court’s decision criteria (ss 13Y–13ZB). If an applicant asks for review of a registrar decision to issue/refuse, the decision is stayed until review (Family Violence Act new ss 91B(6A) and Personal Violence Act new ss 83B(6A)).\n- Integrates FVSNs throughout related laws: updates dozens of Acts (Bail Act, Children & Young People Act, Crimes (Sentencing), Evidence, Firearms, Residential Tenancies, working-with-vulnerable-people checks, sentencing, restorative justice and more) so FVSNs are recognised in decision-making, suspension rules, offences and definitions (multiple amendments throughout chapters 2–3 and sch 1).\n- Adjusts Evidence (Miscellaneous Provisions) rules for protection of counselling communications in sexual and family violence matters: the Bill relocates and renumbers the division, clarifies the meaning of \"sexual offence\" and sets out a waiver regime for civil proceedings (written consent rules) while preserving no-waiver in criminal proceedings (amended s 79J and new s 79JA in the drafting). It also requires audio copies of recorded statements to be given to accused persons and returned to police within 16 weeks after finalisation (s 81F, s 81H).\n- Removes a mitigation example in sentencing for sexual offences against children (omits the text that reduced weight where an offender’s good character enabled the offence) (Crimes (Sentencing) Act s 34A(b)).\n\n\nWho this affects and how it matters (plain terms)\n\n- People at immediate risk of family violence: the Bill gives police a short-term instrument they can issue on their assessment to protect a person while a longer court order is pursued (ss 13B, 13L).\n- Respondents (the persons the notice is issued against): face immediate prohibitions and a new criminal offence if they breach a FVSN once served (s 13ZC). Respondents who hold firearms face automatic licence suspension and seizure (s 13ZD).\n- Police and senior police officers: gain a new operational power (to apply for and issue FVSNs), a limited detention power during the application period (s 13C), and new recording, service and reporting obligations (ss 13E, 13I, 13M, 13N). Senior officers must rapidly assess and document complex factors.\n- Courts and registrars: receive an influx of short-term FVSNs to record, and will handle judicial applications to amend or revoke notices; registrar decisions can be stayed pending review (ss 13M, 13Y, 91B(6A)/83B(6A)).\n- People and agencies that rely on safety or suitability checks: firearms registrars, tenancy tribunals, employers doing vulnerable-people checks, NDIS activity registrars and others must treat FVSNs like family violence orders for suspension, eligibility and disclosure purposes (amendments across Firearms Act, Residential Tenancies Act, Working with Vulnerable People Act, Prohibited Weapons Regs, etc.).\n- Accused persons in relevant prosecutions: must be given audio copies of recorded statements and return them after the proceeding (s 81F, s 81H); counselling communications have clarified protection and a narrower waiver route in civil cases (amended s 79J/79JA).\n\n\nOfficial stated purpose and a quick test of trade-offs\n\n- The instrument’s stated purpose is to provide immediate, short-term protection by giving police a power to issue notices where court orders are not immediately available, and to harmonise law across family, personal and sexual violence settings (new Part 2A; many consequential amendments).\n\n- Trade-offs and implementation issues to note (mechanisms, not judgments):\n  - Police discretion and workload: senior officers must decide quickly and document many factors (affected person’s views, welfare of children, prior orders, hardship to respondent) (s 13E, 13H). That creates administrative and training costs and concentrates decision power in police ranks.\n  - Short-term detention: officers may detain a person up to 4 hours while applying for a notice (s 13C(3)). That is a new, time-limited custodial power tied to operational necessity and the \"least restrictive option\" test (s 13C(1)(c)(ii)); it creates risk of legal challenge and requires clear operational guidance and oversight.\n  - Criminalisation and enforcement burden: contravention is a new offence with significant penalties (s 13ZC). Police and courts will need processes for charging, proof and sentence considerations; prosecution rates may be low but enforcement costs not negligible.\n  - Interaction with bail and courts: the Bill creates layered rules when bail and FVSNs conflict (Bail Act new ss 26A–26B) that allow certain bail conditions to displace FVSN conditions where a court/authorized officer determines it better protects a protected person (s 26B). This adds conditional complexity into bail decision-making.\n  - Firearms consequences: automatic suspension and seizure when a FVSN applies to a licence-holder (s 13ZD) mean immediate property and occupational effects for licence-holders and administrative workload for registrars and police.\n  - Cross-system compliance burdens: police record-keeping obligations, court registrar filings, firearms registrar notifications, tenancy and NDIS background-check effects create recurring administrative overhead across agencies (see ss 13M, 13T, and multiple consequential amendments).\n  - Evidence and counselling protections: the Bill tightens protection for counselling communications in sexual and family violence matters and sets a consent-based waiver route for civil proceedings (amended s 79J). That limits the routine use of counselling materials in civil suits unless written informed consent (or suitable person approval for under-14s) is obtained (amended s 79J(1)). Criminal proceedings remain protected from waiver (new s 79JA). This alters evidentiary availability and may change litigation strategies.\n  - Effects on private choice and employment: background-check and suitability rules (Working with Vulnerable People Act, Firearms Act, Prohibited Weapons Regs) now treat FVSNs like family violence orders for decision-making, which may restrict access to certain licences, permits or roles pending notice duration (various dictionary and criteria amendments throughout ch 3).\n\n\nWho pays, who decides, and what behaviour changes (summary)\n\n- Who pays: government agencies (police, courts, registrars) incur operational, training and record-keeping costs; affected respondents may face criminal penalties, licence suspensions, property seizures and temporary mobility restrictions; employers and regulatory bodies bear increased background-check burdens.\n- Who decides: operational police (attending officer and senior police officer) decide to apply and issue FVSNs (ss 13D, 13H); Magistrates Court decides amendments/revocations and provides judicial oversight (ss 13Y–13ZB); courts/authorized officers may choose to impose bail conditions that displace FVSN conditions (Bail Act new s 26B).\n- Behaviour changes expected: police have a new, immediate protection tool and may use it to replace or supplement temporary court orders; respondents face immediate constraints and may seek quicker court review; courts and tribunals will process short-term amendment/revocation applications; private actors (employers, landlords, firearms registrars) will treat FVSNs as safety-relevant orders in their administrative decisions.\n\n\nKey provisions to look up quickly\n\n- Grounds and form of family violence safety notice: ss 13B, 13I.\n- Police detention during application period: s 13C(1)–(4).\n- Who issues/decides: ss 13D (application), 13G (senior police decision), 13H (issue).\n- Duration and non-renewable rule: s 13L (14 days; cannot be extended).\n- Offence for contravention and penalty: s 13ZC.\n- Firearms suspension and seizure: s 13ZD (and consequential amendments to the Firearms Act and Crimes Act).\n- Court amendment/revocation process and stay on registrar decisions: ss 13Y–13ZB and Registrar stay provisions (new ss 91B(6A), 83B(6A)).\n- Evidence and counselling protections: replacement waiver rule and no-waiver in criminal proceedings (amended s 79J and new s 79JA); recorded-statement audio-copy and return requirement (ss 81F, 81H).\n- Removal of example reducing sentencing weight where \"good character enabled the offender to commit the offence\": Crimes (Sentencing) Act s 34A(b) amendment.\n\n\nImplementation risks, opportunity costs and substitution effects (brief)\n\n- Implementation risks: rapid police decisions and limited detention window create potential for procedural errors and legal challenges; cross-referencing changes across many Acts raise interpretation risk and transitional confusion at commencement.\n- Opportunity costs: resources directed to administering FVSNs (training, recording, court time responding to short-term applications) may divert capacity from other policing and court functions.\n- Substitution effects: people and police may rely on FVSNs instead of seeking immediate interim court orders in some cases; courts may see more short, tactical applications to amend/revoke notices in the 14-day window.\n\n(References in this summary are to section numbers in the Bill: see in particular Part 2A (new ss 13B–13ZD) of the Family Violence Act amendments and the listed cross-references in Chapters 2–3.)"}},"importantCases":[],"_links":{"self":"/api/acts/family-personal-and-sexual-violence-legislation-amendment-bill-2025","history":"/api/acts/family-personal-and-sexual-violence-legislation-amendment-bill-2025/history","analysis":"/api/acts/family-personal-and-sexual-violence-legislation-amendment-bill-2025/analysis","conflicts":"/api/acts/family-personal-and-sexual-violence-legislation-amendment-bill-2025/conflicts","importantCases":"/api/acts/family-personal-and-sexual-violence-legislation-amendment-bill-2025/important-cases","documents":"/api/acts/family-personal-and-sexual-violence-legislation-amendment-bill-2025/documents"}}