{"id":"a-2016-42","name":"Family Violence Act 2016","slug":"family-violence-act-2016","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"42 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23544,"registerId":"act-a-2016-42-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"211","sectionType":"section","heading":"Definitions—pt 23 112","content":"211 Definitions—pt 23 112\n","sortOrder":0},{"sectionNumber":"212","sectionType":"section","heading":"Transitional regulations 112","content":"212 Transitional regulations 112\n\nPage\ncontents 9\n213 Expiry—pt 23 113\nDivision 23.2 Ending action etc for family violence orders\n214 Application—div 23.2 113\n215 Enforcement action 113\n216 Family violence order procedures, proceedings etc 114\nDivision 23.3 Validity of past family violence order action\n217 Meaning of family violence order action—div 23.3 115\n218 Past lawful acts not affected 116\n219 Protection from liability 116\n220 No entitlement to compensation etc 116\nPart 24 Transitional—Justice (Age of Criminal\nResponsibility) Legislation Amendment\nAct 2023\nDivision 24.1 General\n221 Definitions—pt 24 117\n222 Transitional regulations 117\n223 Expiry—pt 24 118\nDivision 24.2 Ending action etc for family violence orders\n224 Application—div 24.2 118\n225 Enforcement action 118\n226 Family violence order procedures, proceedings etc 119\nDivision 24.3 Validity of past family violence order action\n227 Meaning of family violence order action—div 24.3 120\n228 Past lawful acts not affected 121\n229 Protection from liability 121\n230 No entitlement to compensation etc 121\nSchedule 1 Permitted publication about proceedings 122\n1.1 Definitions—sch 1 122\n1.2 Permitted publication about proceedings 122\n\nPage\ncontents 10 Family Violence Act 2016\nDictionary 124\n1 About the endnotes 132\n2 Abbreviation key 132\n3 Legislation history 133\n4 Amendment history 136\n5 Earlier republications 146\n6 Expired transitional or validating provisions 147\n\nAn Act to protect people from family violence, and for other purposes\n\nPreamble\nPreamble\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"In enacting this Act, the Legislative Assembly recognises the following","content":"1 In enacting this Act, the Legislative Assembly recognises the following\nprinciples:\n(a) family violence is unacceptable in any form;\n(b) freedom from family violence is a human right;\n(c) the justice system should respect and protect all human rights in\naccordance with the Human Rights Act 2004 and international\nlaw;\n(d) family violence is best addressed through a coordinated legal\nand social response of assistance to victims and the prevention\nof violence by such things as promoting the accountability of\nperpetrators of family violence and the appropriate intervention\nby the police and the courts.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"The Legislative Assembly also recognises the following features of family","content":"2 The Legislative Assembly also recognises the following features of family\nviolence:\n(a) anyone can be a victim of family violence: it occurs in all areas\nof society, regardless of location, socioeconomic and health\nstatus, age, culture, gender, sexual identity, ability, ethnicity or\nreligion;\n(b) family violence is predominantly committed by men against\nwomen and children;\n(c) family violence extends beyond physical violence and may\ninvolve the exploitation of power imbalances and patterns of\nabuse over many years;\n(d) children exposed to family violence are particularly vulnerable\nand the exposure may have a serious impact on their current and\nfuture physical, psychological and emotional wellbeing.\nThe Legislative Assembly for the Australian Capital Territory therefore enacts as\nfollows:\n\nPreliminary Part 1\n1 Name of Act\nThis Act is the Family Violence Act 2016.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘firearm—see the Firearms\nAct 1996, section 6.’ means that the term ‘firearm’ is defined in that\nsection and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nObjects Division 2.1\n","sortOrder":6},{"sectionNumber":"Div 2","sectionType":"division","heading":"1 Objects","content":"Division 2.1 Objects\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act include—\n(a) to prevent and reduce family violence; and\n(b) to ensure the safety and protection of people, including children,\nwho fear, experience or witness family violence; and\n(c) to encourage perpetrators of family violence to be accountable\nfor their conduct.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"How objects are to be achieved","content":"7 How objects are to be achieved\nThis Act aims to achieve its objects by—\n(a) giving the courts power to make family violence orders to\nprotect people from family violence; and\n(b) creating offences to enforce family violence orders; and\n(c) ensuring that access to the courts is as simple, quick and\ninexpensive as is consistent with justice; and\n(d) by recognising family violence orders made elsewhere in\nAustralia and New Zealand.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of family violence","content":"8 Meaning of family violence\n(1) In this Act:\nfamily violence means—\n(a) any of the following behaviour by a person in relation to a family\nmember of the person:\n(i) physical violence or abuse;\n(ii) sexual violence or abuse;\n(iii) emotional or psychological abuse;\n(iv) economic abuse;\n(v) threatening behaviour;\n(vi) coercion or any other behaviour that—\n(A) controls or dominates the family member; and\n(B) causes the family member to feel fear for the safety or\nwellbeing of the family member or another person; or\n(b) behaviour that causes a child to hear, witness or otherwise be\nexposed to behaviour mentioned in paragraph (a), or the effects\nof the behaviour.\nExamples—par (b)\n1 overhearing threats being made in another room of the house\n2 seeing an assault or seeing injuries on a family member who has been\nassaulted\n3 seeing people comfort a family member who has been abused\n\n(2) Without limiting subsection (1), family violence by a person in\nrelation to a family member of the person includes the following:\n(a) sexually coercive behaviour;\n(b) damaging property;\n(c) harming an animal;\n(d) stalking;\n(e) deprivation of liberty;\n(f) harmful use of, or interference with, technology.\nExamples—par (f)\n1 use of an electronic device to publish intimate images of a family member\nwithout the member’s consent\n2 causing a computer system to deny access to a family member who is an\nauthorised user of the system\n3 using an electronic messaging system to send abusive or threatening messages\nor images to a family member\n4 using software to track a family member’s whereabouts or computer use\n5 creating a false social media account to disseminate adverse information about\na family member\n6 using social media to publish intimate images of a person without the person’s\nconsent\neconomic abuse, of a family member, means behaviour by a person\nthat is coercive, deceptive or that unreasonably controls the family\nmember without the family member’s consent including by the\nperson’s exploitation of power imbalances between the person and\nthe family member—\n(a) in a way that takes away the financial independence or control\nthe family member would have but for the behaviour; or\n\n(b) if the family member is wholly or predominantly dependent on\nthe person for financial support to meet the living expenses of\nthe family member or the family member’s child—by\nwithholding the financial support.\n1 stopping the family member from having access to money to meet normal\nliving expenses\n2 requiring the family member to transfer or hand over control of assets or\nincome\n3 stopping the family member from trying to get employment\n4 forcing the family member to sign a legal document such as a power of\nattorney, loan, guarantee\n5 forcing the family member to claim social security payments\nemotional or psychological abuse, of a family member, means\nbehaviour by a person that torments, intimidates, harasses or is\noffensive to the family member including by the person’s exploitation\nof power imbalances between the person and the family member.\n1 stopping the family member from visiting or having contact with family or\nfriends\n2 stopping the family member from engaging in cultural or spiritual practices\n3 repeated derogatory or racist comments\n4 threatening to disclose personal information about the family member\n5 threatening to withhold medication, personal health care items or other things\nnecessary to the family member’s health or quality of life\n6 threatening to self-harm as a way of intimidating the family member\n\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of family member","content":"9 Meaning of family member\nIn this Act:\nfamily member, of a person, means—\n(a) a domestic partner or former domestic partner of the person; or\n(b) an intimate partner or former intimate partner of the person; or\n(c) a relative of the person; or\n(d) a child of a domestic partner or former domestic partner of the\nperson; or\n(e) a parent of a child of the person.\nNote 1 A domestic partner need not be an adult (see Legislation Act, s 169).\nNote 2 Intimate partner—see s 10.\nRelative—see s 11.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of intimate partner","content":"10 Meaning of intimate partner\n(1) In section 9:\nintimate partner, of a person—\n(a) means someone with whom the person has an intimate\nrelationship, whether they are members of the same household\nor not; but\n(b) does not include—\n(i) a domestic partner; or\n(ii) another person with whom the person has a relationship\nonly because a service is provided between them—\n(A) for fee or reward; or\n(B) on behalf of another person (including a government\nor corporation); or\n\n(C) on behalf of an organisation the principal objects or\npurposes of which are charitable or benevolent.\n(2) For subsection (1), factors that indicate whether there is an intimate\nrelationship between 2 people include, but are not limited to, the\nfollowing:\n(a) the extent to which each is personally dependent on the other;\n(b) the extent to which each is financially dependent on the other\n(including any arrangements for financial support);\n(c) the length of the relationship;\n(d) the frequency of contact between each other;\n(e) if there is, or has been, a sexual relationship;\n(f) the extent to which each is involved in, or knows about, the\nother’s personal life;\n(g) the degree of mutual commitment to a shared life;\n(h) if the 2 people share care or support for children or other\ndependents.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of relative","content":"11 Meaning of relative\n(1) In section 9:\nrelative, of a person—\n(a) means the person’s—\n(i) father, mother, grandfather, grandmother, stepfather,\nstepmother, father-in-law or mother-in-law; or\n(ii) son, daughter, grandson, granddaughter, stepson,\nstepdaughter, son-in-law or daughter-in-law; or\n(iii) brother, sister, half-brother, half-sister, stepbrother,\nstepsister, brother-in-law or sister-in-law; or\n\n(iv) uncle, aunt, uncle-in-law or aunt-in-law; or\n(v) nephew, niece or cousin; and\n(b) if the person has or had a domestic partner (other than a spouse\nor civil union partner)—includes someone who would have been\na relative mentioned in paragraph (a) if the person had been\nmarried to or in a civil union with the domestic partner; and\nNote For ACT law, a person acquires relatives through civil union in the\nsame way as they acquire them through marriage (see Civil Unions\nAct 2012, s 6 (2)).\n(c) includes—\n(i) someone who has been a relative mentioned in\nparagraph (a) or (b) of the person; and\n(ii) if the person is an Aboriginal or Torres Strait Islander\nperson, the following people:\n(A) someone the person has responsibility for, or an\ninterest in, in accordance with the traditions and\ncustoms of the person’s Aboriginal or Torres Strait\nIslander community;\n(B) someone who has responsibility for, or an interest in,\nthe person in accordance with the traditions and\ncustoms of the person’s Aboriginal or Torres Strait\nIslander community; and\n(iii) someone regarded and treated by the person as a relative;\nand\n(iv) someone with whom the person has a family-like\nrelationship; and\n(v) anyone else who could reasonably be considered to be, or\nhave been, a relative of the person.\n\n(2) For subsection (1) (c) (iv), factors that indicate whether there is a\nfamily-like relationship between 2 people include, but are not limited\nto, the following:\n(a) the extent to which each is personally dependent on the other;\n(b) the extent to which each is financially dependent on the other\n(including any arrangements for financial support);\n(c) the length of the relationship;\n(d) the frequency of contact between each other;\n(e) the extent to which each is involved in, or knows about, the\nother’s personal life;\n(f) if the people live together or relate together in a home\nenvironment;\n(g) if the relationship is regarded as being family-like by the\ncommunity in which each live.\na relationship between a person with disability and the person’s carer that has\ndeveloped into a relationship that is like that between family members\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n(b) identifies as an Aboriginal person or a Torres Strait Islander\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or Torres Strait Islander\ncommunity.\n\nOther important matters Division 2.3\nDivision 2.3 Other important matters\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Principle about procedures","content":"12 Principle about procedures\nProcedures for this Act are to be as simple, quick and inexpensive as\nis consistent with achieving justice.\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Balance of probabilities","content":"13 Balance of probabilities\nIf a court or a judicial officer is required to be satisfied about\nsomething under this Act, the court or judicial officer must be\nsatisfied on the balance of probabilities.\n","sortOrder":15},{"sectionNumber":"13A","sectionType":"section","heading":"Rules of evidence","content":"13A Rules of evidence\nTo remove any doubt, the Magistrates Court need not comply with\nthe rules of evidence applying in the ACT in a proceeding under this\nAct.\nNote The Magistrates Court may inform itself in any way it considers\nappropriate in a proceeding for a family violence order (see s 65).\n\nDivision 3.1 Matters to be considered when making family violence orders\nDivision 3.1 Matters to be considered when\nmaking family violence orders\n14 Matters to be considered—family violence orders\n(1) In deciding whether to make a family violence order, a court must\nconsider the following:\n(a) the objects of this Act in section 6;\n(b) the affected person’s perception of the nature and seriousness of\nthe respondent’s alleged conduct;\n(c) the welfare of any child that is an affected person;\n(d) the accommodation needs of the affected person and any child\nof the affected person or respondent;\n(e) any hardship that may be caused to the respondent or anyone\nelse by the making of the order;\n(f) any previous family violence or personal violence by the\nrespondent in relation to the affected person or anyone else;\n(g) any previous family violence order made in relation to the\n(h) any previous contravention of a family violence order by the\n(i) the need to ensure that property is protected from damage.\n\nMatters to be considered when making family violence orders Division 3.1\n(2) The court may also consider anything else the court considers\nrelevant.\n(3) A failure of the court to comply with subsection (1) in relation to a\nfamily violence order does not affect the validity of the order.\nfamily violence order—\n(a) means a protection order or an after-hours order under this Act;\nand\n(b) includes the following:\n(i) a protection order under the Personal Violence Act 2016;\n(ii) a protection order under the Domestic Violence Agencies\nAct 1986 as in force at any time;\n(iii) a protection order under the Domestic Violence and\nProtection Orders Act 2001 as in force at any time;\n(iv) a protection order under the Domestic Violence and\nProtection Orders Act 2008 as in force at any time;\n(v) a restraining order under the Magistrates Court Act 1930\nbefore 27 March 2002;\n(vi) an order under a law of a State, another Territory or New\nZealand that has or had the same effect, or substantially the\nsame effect, as a protection order under this Act or a\nprotection order under the Personal Violence Act 2016.\n\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Family Law Act order","content":"15 Family Law Act order\n(1) In deciding whether to make a family violence order, a court must\nenquire whether a Family Law Act order applies to—\n(a) any child of the affected person and respondent; or\n(b) any other child that is an affected person.\nNote 1 A family violence order means a protection order or an after-hours order\n(see dict).\nNote 2 The Family Law Act 1975 (Cwlth), s 68R gives a Territory court, in a\nproceeding for a family violence order, jurisdiction under certain\ncircumstances to revive, vary, discharge or suspend a Family Law Act\nFamily Law Act order—\n(a) means a parenting order, recovery order, injunction,\nundertaking, parenting plan or recognisance mentioned in the\nFamily Law Act 1975 (Cwlth), section 68R; and\n(b) includes any proceeding for a parenting order, recovery order,\ninjunction, undertaking, parenting plan or recognisance.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Who may apply for protection orders?","content":"16 Who may apply for protection orders?\n(1) An affected person may apply to the Magistrates Court for a\nprotection order.\nNote 1 Only a police officer may apply for an after-hours order (see s 99).\nNote 2 A child under 14 years old cannot be a respondent to an application for a\nprotection order (see s 75).\n\nApplications for protection orders Division 3.2\n(2) The following people may apply to the Magistrates Court for a\nprotection order for an affected person:\n(a) a police officer;\n(b) a litigation guardian for the person or any other person with a\nright to apply for the person.\nExamples—s (2) (b)\n1 a parent or guardian of a child\n2 an agent of the person\nNote 1 An affected person includes any child who hears, witnesses or is\nNote 2 If an application is made by a police officer—the affected person, a\nlitigation guardian or any other person with a right to apply for the\naffected person may be substituted as the applicant for the protection\norder (see s 71).\nNote 3 If a form is approved under the Court Procedures Act 2004, s 8 for an\n","sortOrder":18},{"sectionNumber":"16A","sectionType":"section","heading":"Child may apply for protection order in same application","content":"16A Child may apply for protection order in same application\nas parent\n(1) This provision applies if a child and the child’s parent are each an\naffected person in relation to the same or similar family violence by\na respondent.\n(2) An application for a protection order by the child may be included in\nan application for a protection order by the child’s parent.\nNote The court may hear the application of the child and the child’s parent\nseparately (see s 60C).\n","sortOrder":19},{"sectionNumber":"16B","sectionType":"section","heading":"Applications by police officers","content":"16B Applications by police officers\n(1) This section applies if a police officer makes an application for a\nprotection order for an affected person.\n\n(2) The police officer must tell the Magistrates Court whether the\naffected person consents to the application.\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Application forms that require affected person’s address","content":"17 Application forms that require affected person’s address\n(1) This section applies if a form approved under the Court Procedures\nAct 2004, section 8 for an application for a family violence order\nrequires the affected person’s home or work address to be included in\nthe application.\n(2) The address need not be included in the application.\nNote If a party to an application for a protection order is not represented by a\nlawyer, any address for service given to the court must not be given to\nthe other party without the self-represented party’s consent (see s 70D).\n(3) For this section, if the affected person is not the applicant, affected\nperson includes the applicant.\n","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"What if application is made for the wrong order?","content":"18 What if application is made for the wrong order?\n(a) a person applies for a protection order under this Act; and\n(b) the order may not be made because the conduct on which the\napplication is based—\n(i) is not conduct that the order could restrain; but\n(ii) is conduct that an order under the Personal Violence\nAct 2016 could restrain; and\n(c) the application has not been decided.\n\nApplications for protection orders Division 3.2\n(2) The Magistrates Court may make a protection order under the\nPersonal Violence Act 2016 even though that protection order was\nnot properly applied for if—\n(a) the person honestly applied for the order under this Act; and\n(b) had the application been properly made, the court could have\nmade the protection order under the Personal Violence\nAct 2016.\n(3) This section does not apply to a consent order under this Act.\nNote A consent order may be made whether or not any ground for making the\norder has been made out (see s 33 (2) (b)).\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"What if application for the wrong order is decided?","content":"19 What if application for the wrong order is decided?\n(a) a person applies for a protection order under this Act; and\n(b) the order cannot be validly made because the conduct on which\nthe application is based is not conduct that the order could\nrestrain; and\n(c) the application is decided before it becomes apparent that\nparagraph (b) applies; and\n(d) a protection order under this Act is purportedly made\n(the invalid order); and\n(e) had an application been properly made, the court could have\nmade a protection order under the Personal Violence Act 2016\nof the same kind as the invalid order.\nExample—when this section does not apply because of par (e)\nA police officer applied for an after-hours order. The conduct relied on was, in fact,\npersonal violence under the Personal Violence Act 2016. This section does not\napply because there is no equivalent order to an after-hours order under the\nPersonal Violence Act 2016.\n\n(2) The invalid order is taken to be an order properly applied for and\nvalidly made under the Personal Violence Act 2016.\nAn interim order is made under this Act. In the proceeding to decide the application\nfor a final order the court decides that the protected person is not a family member\nof the respondent. The court is satisfied, however, that the respondent’s conduct in\nrelation to the affected person is personal violence under the Personal Violence\nAct 2016. The interim order made under this Act is taken to be an interim order\nvalidly made under the Personal Violence Act 2016.\n(3) This section does not apply to a consent order under this Act.\nNote A consent order may be made whether or not any ground for making the\norder has been made out (see s 33 (2) (b)).\n","sortOrder":23},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"3.1A Seeking interim orders","content":"Subdivision 3.3.1A Seeking interim orders\n","sortOrder":24},{"sectionNumber":"19A","sectionType":"section","heading":"Who may seek interim orders?","content":"19A Who may seek interim orders?\nAn applicant for a final order may seek an interim order—\n(a) when making the application for the final order; or\n(b) if the applicant does not seek an interim order under\nparagraph (a)—at any time before the application for the final\norder is decided if there has been a change in circumstances\nsince the application was made; or\n\nMaking interim orders Division 3.3\n(c) if the applicant seeks an interim order under paragraph (a) or (b)\nand the court refuses to make the interim order—at any time\nbefore the application for the final order is decided if there has\nbeen a change in circumstances since the applicant last sought\nan interim order.\nExamples—changes in circumstances\n1 the applicant obtains information or legal advice about seeking an interim\norder after making the application for the final order or being refused an\ninterim order\n2 the applicant has experienced, or is likely to experience, further family\nviolence or an escalation in family violence\nSubdivision 3.3.1 Making interim orders\n","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Interim orders—may be made any time before application","content":"20 Interim orders—may be made any time before application\nfor final order is decided\nIf an application for a final order is made, the Magistrates Court may\nmake an interim order at any time before the application for the final\norder is decided.\nNote The court may also make court-initiated interim orders (see s 112).\n","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Interim orders—grounds for making","content":"21 Interim orders—grounds for making\nA court may make an interim order if satisfied that the order is\nnecessary to do either or both of the following until the application\nfor the final order is decided:\n(a) ensure the safety of an affected person from family violence;\n(b) prevent substantial damage to an affected person’s property.\nNote 1 The court must consider the matters mentioned in s 14 in deciding\nwhether to make the interim order.\n\n","sortOrder":27},{"sectionNumber":"Div 3","sectionType":"division","heading":"3 General interim orders","content":"Division 3.3 General interim orders\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Interim orders—general interim orders and special","content":"22 Interim orders—general interim orders and special\ninterim orders\n(1) On an application for a final order, the Magistrates Court may make—\n(a) a special interim order if there is a related charge outstanding in\nrelation to the respondent; or\n(b) in any other case—a general interim order.\n(2) If the court makes a special interim order in circumstances where a\ngeneral interim order may be made—\n(a) the operation of the special interim order is not affected by the\nfact that a general interim order may have been made; and\n(b) the court may set aside the special interim order and make a\ngeneral interim order.\n(3) If the court makes a general interim order in circumstances where a\nspecial interim order may be made—\n(a) the operation of the general interim order is not affected by the\nfact that a special interim order may have been made; and\n(b) the court may set aside the general interim order and make a\nspecial interim order.\nSubdivision 3.3.2 General interim orders\n","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"General interim orders—only 1 may be made","content":"23 General interim orders—only 1 may be made\nOnly 1 general interim order may be made in relation to an application\nfor a final order unless section 27 (General interim orders—further\norders) applies.\n\nGeneral interim orders Division 3.3\n","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"General interim orders—length","content":"24 General interim orders—length\nA general interim order must not be in force for more than 12 months\nplus any extension under—\n(a) section 28 (General interim orders—extension for non-service\nof application); or\n(b) section 29 (General interim orders—extension for non-service\nof final order).\n","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"General interim orders—ending","content":"25 General interim orders—ending\nA general interim order ends if any of the following happens:\n(a) if a period is stated in the order—the period, including any\nextension under section 28 or section 29, ends;\n(b) the interim order is revoked;\n(c) the application for a final order on which the interim order was\nmade is discontinued or dismissed;\n(d) a final order is made and the respondent is present when it is\nmade.\n","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"General interim orders—taken to be special interim","content":"26 General interim orders—taken to be special interim\norders if related charges laid\n(a) the court makes a general interim order; and\n(b) after the general interim order is made, but before the final order\nis made, the respondent is charged with an offence; and\n(c) the charge is related to the application for the final order.\n(2) The general interim order is taken to be a special interim order—\n(a) in the same terms as the general interim order; and\n\nDivision 3.3 General interim orders\n(b) subject to the same conditions as the general interim order.\nNote The application for the final order must not be decided until all related\ncharges are finalised (see s 31 (1)).\n(3) Unless section 31 (2) (Special interim orders—application not to be\ndecided until related charges finalised) applies, the return date for a\nhearing to decide the application for the final order must be changed\nafter all related charges are finalised to a day as soon as practicable\nafter the day all related charges are finalised.\nNote Under s 31 (2), an application for a final order may be finalised by the\ncourt before all related charges are finalised by consent or if a party is not\npresent at a time when the application for the final order is returned before\nthe Magistrates Court.\n","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"General interim orders—further orders","content":"27 General interim orders—further orders\n(1) This section applies if a general interim order has ended or is about\nto end.\n(2) The Magistrates Court may make a further general interim order if\nsatisfied there are special or exceptional circumstances (having\nregard to the objects of this Act and how those objects are to be\nachieved as set out in section 7) that justify the making of a further\ngeneral interim order.\nNote Section 24 limits the length of a further general interim order.\n(3) Only 1 further general interim order may be made under this section\nin relation to an application for a final order.\n(4) However, a further general interim order must not be made as a\nconsent order.\nNote An interim order may be amended in certain circumstances (see s 83).\n\nGeneral interim orders Division 3.3\n","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"General interim orders—extension for non-service of","content":"28 General interim orders—extension for non-service of\napplication\n(1) This section applies if the registrar adjourns a proceeding for a final\norder because the respondent has not been served with a copy of the\napplication for the final order and a timing notice.\n(2) The registrar may also amend a general interim order made in relation\nto the application by extending it to take into account the delay caused\nby the adjournment.\n(3) The registrar must not extend a general interim order under\nsubsection (2) for more than 8 weeks.\n","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"General interim orders—extension for non-service of final","content":"29 General interim orders—extension for non-service of final\n(a) a final order is made; and\n(b) the respondent is not present at the making of the final order;\nand\n(c) a general interim order made in relation to the application for the\nfinal order would, but for this section, expire before the final\norder is served on the respondent.\nNote A further order may be made in special or exceptional circumstances\n(see s 27).\n(2) The general interim order is extended—\n(a) until the final order is served on the respondent; or\n(b) if, despite reasonable attempts, the final order is unable to be\nserved on the respondent—for the period the final order would\nhave been in force under section 35 (Final orders—length), had\nit been served.\n\nDivision 3.3 Special interim orders\nSubdivision 3.3.3 Special interim orders\n30 Special interim orders—ending\nA special interim order ends only when the first of the following\nhappens:\n(a) the special interim order is revoked;\n(b) the application for a final order on which the special interim\norder was made is discontinued or dismissed;\n(c) a final order is made and the respondent is present when it is\nmade;\n(d) if a final order is made but the respondent is not present when it\nis made—the final order is served on the respondent.\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Special interim orders—application not to be decided","content":"31 Special interim orders—application not to be decided\nuntil related charges finalised\n(1) If a court makes a special interim order, the court must not decide the\napplication for the final order until all related charges are finalised.\nNote An interim order made by a court under pt 8 (Court-initiated actions) is\ntaken to be a special interim order (see s 113).\n(2) However, the application for the final order may be finalised by the\ncourt before all related charges are finalised—\n(a) under section 53 (Applicant not present at return of application);\nor\n(b) under section 54 (Respondent not present at return of\napplication); or\n(c) by consent.\n\nSpecial interim orders Division 3.3\n","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Special interim orders—final application decided","content":"32 Special interim orders—final application decided\n(a) a court makes a special interim order; and\n(b) all charges related to the special interim order are finalised; and\n(c) the application for the final order has not yet been decided.\nNote The court must not decide the application for the final order, unless by\nconsent or because a party is not present at a time when the application is\nreturned before the court, until all related charges are finalised (see s 31).\n(2) After the final related charge is finalised by the court, the court must\nalso—\n(a) if the court is the Magistrates Court—decide the application for\nthe final order; or\n(b) if the court is another court—\n(i) decide the application for the final order as if it were the\nMagistrates Court; or\n(ii) notify the Magistrates Court that the final related charge\nhas been decided.\n(3) If a court notifies the Magistrates Court under\nsubsection (2) (b) (ii)—\n(a) the court may give the Magistrates Court guidance about, or a\ndirection for, suitable conditions to be included in the final\n(b) the Magistrates Court must decide the application for the final\n(4) A decision to dismiss the application for the final order may only be\nmade after giving the parties an opportunity to be heard.\n\n(5) The court deciding the application for the final order under this\nsection may set a return date for the hearing of the application for the\nfinal order.\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Consent orders","content":"33 Consent orders\n(1) On application for a final order, the court may make an interim or\nfinal order with the consent of the parties to the proceeding.\n(2) The order may be made—\n(a) whether or not the parties have attended, or any party has\nattended, before the court in relation to the application; and\n(b) whether or not any ground for making the order has been made\nout; and\n(c) whether or not the court has considered the matters mentioned\nin section 14; and\n(d) without proof or admission of guilt.\nNote Section 66 and s 67 apply to require the court to explain the order\nintended to be made under this section if the party to the order is before\nthe court.\n(3) Before making a final order under this section, the court may conduct\na hearing in relation to the particulars of the application if the court is\nsatisfied it is in the interests of justice to do so.\n(4) If an automatic consequence flows from the making of a kind of order\nand an order of that kind is made under this section, the automatic\nconsequence flows from the making of the order unless—\n(a) this Act allows a discretion for the automatic consequence not\nto flow from the making of an order of that kind; and\n(b) the parties consent to the automatic consequence not flowing\nfrom the making of the order.\n\nConsent orders Division 3.4\n(5) However, this section does not allow the court to make a protection\norder—\n(a) that may not otherwise be made under this Act; or\n(b) for a period other than a period for which the order may be made;\nor\nNote Section 24 limits the length of general interim orders and s 35 limits\nthe length of final orders.\n(c) if section 77 (Consent orders—party with impaired decision-\nmaking ability) applies.\n","sortOrder":39},{"sectionNumber":"33A","sectionType":"section","heading":"Consent to interim order becoming final order","content":"33A Consent to interim order becoming final order\n(1) This section applies if a court makes an interim order in the absence\nof a respondent.\n(2) If the respondent wishes to consent to the interim order becoming a\nfinal order, the respondent may—\n(a) fill out the endorsement copy of the interim order in accordance\nwith the instructions on the copy; and\n(b) indicate on the endorsement copy that the respondent consents\nto the interim order becoming a final order; and\n(c) return it to the Magistrates Court before the return date for the\napplication for the final order.\n(3) If the respondent acts under subsection (2), the interim order becomes\na final order on the day the Magistrates Court receives the\nendorsement copy.\nendorsement copy, of an interim order, means the copy of the interim\norder marked as the endorsement copy under section 70C (1).\n\n","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Final orders—grounds for making","content":"34 Final orders—grounds for making\n(1) A court may, on application, make a final order if satisfied that—\n(a) the affected person has reasonable grounds to fear family\nviolence by the respondent; or\n(b) the respondent has used family violence against the affected\nperson.\nNote 1 The court must consider the matters mentioned in s 14 in deciding\nwhether to make the final order.\nNote 3 This section does not apply to consent orders (see s 33 (2) (b)).\n(2) For this section—\n(a) if some or all of the respondent’s alleged behaviour in relation\nto which the application is made appears to be minor or trivial\nwhen viewed in isolation, or appears unlikely to recur, the court\nmust still consider whether the behaviour forms part of a pattern\nof behaviour by the respondent from which the affected person\nneeds protection; and\n(b) it is sufficient to establish that the affected person has reasonable\ngrounds to fear family violence by the respondent, or that family\nviolence has been used by the respondent in relation to the\naffected person, if the respondent has—\n(i) engaged in behaviour mentioned in section 8 (1), definition\nof family violence, paragraph (a) in relation to the affected\n(ii) the behaviour constitutes an offence.\n\n(3) However, it is not necessary to prove that any particular behaviour\nconstitutes an offence to establish that family violence occurred.\n","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Final orders—length","content":"35 Final orders—length\n(1) A final order remains in force for—\n(a) 2 years, regardless of whether it is stated in the order; or\n(b) if a shorter period is stated in the order—the period stated; or\n(c) if the court is satisfied that there are special or exceptional\ncircumstances that justify a longer period—the stated longer\nperiod.\nNote The Magistrates Court must, on application, extend a final order unless\nsatisfied the order is no longer necessary to protect the protected person\nfrom family violence by the respondent (see s 86).\n(2) However, a final order made as a consent order must not be longer\nthan 2 years.\n","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Safety of affected person and children paramount","content":"36 Safety of affected person and children paramount\nIn deciding the conditions to be included in a family violence order,\na court must give paramount consideration to the safety and\nprotection of the affected person and any child directly or indirectly\naffected by the respondent’s alleged conduct.\n","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Least restrictive principle","content":"37 Least restrictive principle\nA court must ensure the conditions included in a family violence\norder are the least restrictive of the personal rights and liberties of the\nrespondent as possible that still achieve the objects of this Act and\ngive effect to section 36.\n\n","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"Conditions—general","content":"38 Conditions—general\n(1) A family violence order may include the conditions the court\nconsiders necessary having regard to section 36 and section 37.\n(2) Without limiting subsection (1), a family violence order may do 1 or\nmore of the following:\n(a) prohibit the respondent from being on premises where the\nprotected person lives;\nNote Section 39 sets out matters to be considered when including a\ncondition prohibiting a respondent from being on premises where\nthe respondent lives.\n(b) prohibit the respondent from being on premises where the\nprotected person works;\n(c) prohibit the respondent from being on premises where the\nprotected person is likely to be;\n(d) prohibit the respondent from being in a particular place;\n(e) prohibit the respondent from being within a particular distance\nfrom the protected person;\n(f) prohibit the respondent locating or attempting to locate the\nprotected person;\n(g) prohibit the respondent from contacting the protected person;\n(h) prohibit the respondent from doing anything mentioned in\nsection 8 (1), definition of family violence, paragraph (a);\n(i) prohibit the respondent from doing anything mentioned in\nparagraphs (e) to (h) in relation to—\n(i) a child of the protected person; or\n(ii) any other child if the court is satisfied that there is an\nunacceptable risk of the child being exposed to family\nviolence;\n\n(j) prohibit the respondent from causing someone else to do\nsomething mentioned in paragraphs (f) to (i);\n(k) prohibit the respondent from taking possession of stated\npersonal property that is reasonably needed by the protected\nperson or a child of the protected person;\n(l) require the respondent to give the protected person stated\npersonal property that the respondent possesses that is\nreasonably needed by the protected person or a child of the\nprotected person;\n(m) state the conditions on which the respondent may—\n(i) be on particular premises; or\n(ii) be in a particular place; or\n(iii) approach or contact a particular person; or\n(iv) locate or attempt to locate the protected person;\n(n) require the respondent to take part in a program of counselling,\ntraining, mediation, rehabilitation or assessment if satisfied that\nhaving regard to the respondent’s circumstances—\n(i) the respondent is reasonably likely to participate in the\nprogram; and\n(ii) that the respondent’s participation in the program is\nreasonably likely to reduce the risk of the respondent\nengaging in further family violence against the protected\nperson.\nExamples—par (k) and (l)—personal property\n1 personal clothing\n2 toiletries\n3 books\n4 photographs\n5 house or car keys\n\nExamples—par (n)—respondent’s circumstances\n1 the respondent’s work or educational commitments\n2 the respondent’s transport options\n3 any disability the respondent may have\n(3) A regulation may prescribe requirements for subsection (2) (n).\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Exclusion conditions","content":"39 Exclusion conditions\n(1) In deciding whether to include an exclusion condition in a family\nviolence order, a court must consider the following:\n(a) as primary factors—\n(i) the physical, emotional and psychological needs of the\nprotected people; and\n(ii) any disability the protected people have; and\n(b) as secondary factors—\n(i) the accommodation needs of, and options for\naccommodation available to, the protected people, the\nrespondent and any child of the protected person or\nrespondent; and\n(ii) the length of time required for a person mentioned in\nparagraph (b) (i) to find alternative accommodation.\n(2) However, a court may include an exclusion condition in an interim\norder against a respondent who is a child only if the court is satisfied\nthat adequate arrangements have been made for the child’s care\n(including education) and safety.\nif a government agency responsible for the care and protection of children has found\nalternative accommodation for the child\n(3) If an applicant for a protection order seeks an exclusion condition in\nrelation to the respondent and the court decides to make the order\nwithout the condition, the court must give reasons for the decision.\n\nexclusion condition means a condition in a family violence order\nprohibiting the respondent from being on premises—\n(a) where the respondent lives; or\n(b) if the respondent is a child—where the child normally receives\ncare (including education) or protection.\nprotected people, in relation to a respondent, means the protected\nperson and any child directly or indirectly affected by the\nrespondent’s alleged conduct.\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Personal property orders","content":"40 Personal property orders\nIn deciding whether to include a condition mentioned in\nsection 38 (2) (k) or (l), a court must consider the income, assets and\nliabilities of the respondent and the protected person (other than a\nprotected person who is a child).\n","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Conditions—consent orders","content":"41 Conditions—consent orders\nA final order made as a consent order may contain a condition that a\nfinal order made other than as a consent order may contain, but it is\nnot necessary for the court to consider whether the condition is\nnecessary.\n","sortOrder":48},{"sectionNumber":"42","sectionType":"section","heading":"Conditions may apply for shorter time than order","content":"42 Conditions may apply for shorter time than order\nA condition in a family violence order may have effect for a period\nstated in the family violence order that is shorter than the period of\nthe order.\n\n","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Offence—contravention of family violence order","content":"43 Offence—contravention of family violence order\n(1) This section applies to a person against whom a family violence order\nis made if the person—\n(a) was present when the family violence order was made; or\n(b) has been personally served in accordance with this Act with a\ncopy of the family violence order.\n(2) The person commits an offence if the person engages in conduct that\ncontravenes the family violence order (including a condition of the\norder).\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\nboth.\nNote In deciding the sentence to be imposed on a person under this section, the\nMagistrates Court must consider the matters under the Crimes\n(Sentencing) Act 2005, s 33 (Sentencing—relevant considerations).\n(3) This section applies to conduct engaged in within the ACT as well as\noutside.\n(4) A person does not commit an offence under the Criminal Code,\nsection 45 (Complicity and common purpose) if the person—\n(a) is a protected person under the family violence order; and\n(b) aids, abets, counsels, procures, or is knowingly concerned in or\na party to, the commission of conduct that contravenes the order\n(including a condition of the order).\n\nEffect of family violence orders Division 3.7\n","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Firearms licences","content":"44 Firearms licences\n(1) If an interim order or an after-hours order is made against a\nrespondent who is the holder of a firearms licence, the respondent’s\nfirearms licence is suspended until the interim order or after-hours\norder ends.\nNote For the application of this section to consent orders, see s 33 (3).\n(2) If a final order is made against a respondent who is the holder of a\nfirearms licence, the respondent’s firearms licence is cancelled.\n(3) If a respondent’s firearms licence is suspended or cancelled, the court\nor judicial officer may order—\n(a) the seizure of the firearms licence; and\n(b) the seizure of any firearm or ammunition in the respondent’s\npossession.\n","sortOrder":51},{"sectionNumber":"44A","sectionType":"section","heading":"Family violence order continues in force when protected","content":"44A Family violence order continues in force when protected\nperson becomes adult\n(a) the court makes a family violence order; and\n(b) a protected person is a child when the order is made.\n(2) To remove any doubt, the order continues in force in accordance with\nthe terms of the order and this Act when the protected person becomes\nan adult.\n\nDivision 4.1 What Magistrates Court must do after receiving application for protection\nDivision 4.1 What Magistrates Court must do after\nreceiving application for protection\n45 Meaning of timing notice\nIn this Act:\ntiming notice, for a preliminary conference, means a written notice\nstating—\n(a) the return date, time and place of the conference; and\n(b) that if a party to the application does not appear at the\nconference, the court may decide the application in the party’s\nabsence.\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Interim order not sought","content":"46 Interim order not sought\n(1) If the Magistrates Court receives an application for a protection order\nand an interim order is not sought, the court must hold a preliminary\nconference unless the court is satisfied, on application or on its own\ninitiative, that—\nNote For the objects of a preliminary conference, see s 49.\n(2) If the Magistrates Court decides to hold a preliminary conference, the\n\nWhat Magistrates Court must do after receiving application for protection\n","sortOrder":53},{"sectionNumber":"Div 4","sectionType":"division","heading":"1","content":"Division 4.1\nNote The application for the protection order and timing notice must be served\npersonally on the respondent (see s 70A).\n(3) If the Magistrates Court decides not to hold a preliminary conference,\n","sortOrder":54},{"sectionNumber":"47","sectionType":"section","heading":"Interim order sought","content":"47 Interim order sought\n(1) If the Magistrates Court receives an application for a protection order\nand an interim order is sought, the court must set a return date for the\nhearing of the interim order which is not later than 2 days after the\nday the application is received.\n(2) After the hearing for the interim order, the Magistrate’s Court must\nhold a preliminary conference unless the court is satisfied, on\napplication or on its own initiative, that—\nNote For the objects of a preliminary conference, see s 49.\n\nDivision 4.1 What Magistrates Court must do after receiving application for protection\n(3) If the Magistrates Court decides to hold a preliminary conference, the\n(a) set a return date for a preliminary conference which is as soon\nas practicable after the hearing; and\n(i) a copy of the application for the protection order; and\n(ii) if an interim order was made—\n(A) a copy of the application for the interim order; and\n(B) a copy of the interim order; and\n(iii) a timing notice for the conference; and\nNote The application for the protection order and timing notice must be served\npersonally on the respondent (see s 70A).\n(i) a copy of the application for the protection order; and\n(ii) if an interim order was made—\n(A) a copy of the application for the interim order; and\n(B) a copy of the interim order; and\n(iii) notice of the return date;\n\nPreliminary conferences Division 4.2\n(5) Subsection (3) continues to apply even if the order is taken to be a\nspecial interim order under section 26 (General interim orders—taken\nto be special interim orders if related charges laid) before a\npreliminary conference is held.\n","sortOrder":55},{"sectionNumber":"48","sectionType":"section","heading":"Service of application etc on others","content":"48 Service of application etc on others\n(1) This section applies to a document required to be served under\nsection 46 or section 47.\n(2) The registrar—\n(a) must also give a copy of the document to the following people:\n(i) if the applicant or respondent is a child—the child’s parent\nor guardian;\n(ii) if the applicant or respondent has a disability guardian—\nthe guardian; and\n(b) may also give a copy of the document to anyone else the\nregistrar considers appropriate.\nNote Section 70F contains provisions about giving a document to a child or the\nchild’s parent or guardian.\n(3) The failure of the registrar to comply with subsection (2) (a) does not\naffect the validity of any protection order or other order under this\nAct.\n","sortOrder":56},{"sectionNumber":"49","sectionType":"section","heading":"Preliminary conferences—generally","content":"49 Preliminary conferences—generally\nThe objects of a preliminary conference in relation to an application\nfor a protection order are to—\n(a) find out whether the proceeding for the order may be settled by\nconsent before it is heard by the Magistrates Court; and\n\nNote 1 Before making a consent order, the court must explain certain things\nabout the order (see s 66 and s 67).\nNote 2 Words spoken or anything done at the preliminary conference that is\nrelated to a question to be decided by the court in the proceeding for the\n","sortOrder":57},{"sectionNumber":"50","sectionType":"section","heading":"Adjournment of preliminary conference for non-service","content":"50 Adjournment of preliminary conference for non-service\nThe registrar may adjourn a preliminary conference if—\nand\n(b) the respondent has not been served in accordance with\nsection 46 or section 47; and\n(c) the registrar is satisfied the respondent may be served in\naccordance with section 46 or section 47 if further time for\nservice were allowed.\nNote 1 The court may direct that service be effected in another way if personal\nNote 2 The registrar may also extend a general interim order (see s 28).\n","sortOrder":58},{"sectionNumber":"51","sectionType":"section","heading":"If no consent order at preliminary conference","content":"51 If no consent order at preliminary conference\nIf a preliminary conference in relation to an application for a\nprotection order is held and a consent order is not made, the registrar\nmust—\n(a) set a return date for a further preliminary conference which is as\nsoon as practicable after the day of the first conference; or\n(b) set a return date for a hearing to decide the application for the\nfinal order; or\n(c) if a special interim order has been made—adjourn the\nproceeding until all related charges are finalised.\n\nNon-attendance by party Division 4.2A\nDivision 4.2A Non-attendance by party\n","sortOrder":59},{"sectionNumber":"52","sectionType":"section","heading":"Meaning of returned before the court—div 4.2A","content":"52 Meaning of returned before the court—div 4.2A\nFor this division, a time when an application for a protection order is\nreturned before the Magistrates Court means—\n(a) a return date set for a preliminary conference; or\n(b) a return date set for a hearing of the application for a final order.\n","sortOrder":60},{"sectionNumber":"53","sectionType":"section","heading":"Applicant not present at return of application","content":"53 Applicant not present at return of application\nIf the applicant is not present, personally or by a representative, at a\ntime when an application for a protection order is returned before the\nMagistrates Court, the court must—\n(b) adjourn the proceeding.\nNote An interim order ends if the application for a final order on which the\ninterim order was made is discontinued or dismissed (see s 25 and s 30).\n","sortOrder":61},{"sectionNumber":"54","sectionType":"section","heading":"Respondent not present at return of application","content":"54 Respondent not present at return of application\n(1) This section applies to an application for a protection order if the\nrespondent—\n(a) has been served with a copy of the application and timing notice\nunder section 46 or section 47; and\n(b) is not present, personally or by a representative, at a time when\nthe application is returned before the Magistrates Court.\n(2) The Magistrates Court must—\n(a) decide the application in the respondent’s absence; or\n(b) if the court considers it appropriate—\n(i) issue a warrant for the respondent to be arrested and\nbrought before the court; and\n\n(ii) adjourn the proceeding until the respondent is brought\nbefore the court.\n(3) This section does not prevent the Magistrates Court from making an\ninterim order in the proceeding.\n","sortOrder":62},{"sectionNumber":"54A","sectionType":"section","heading":"Neither party present at return of application","content":"54A Neither party present at return of application\n(1) If neither party to an application for a protection order is present,\npersonally or by a representative, at a time when the application is\nreturned before the court, the Magistrates Court may order that the\nproceeding be dismissed.\n(2) If the Magistrates Court orders that the proceeding be dismissed, the\ncourt must not make an order about costs.\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Hearings usually in public","content":"58 Hearings usually in public\nThe hearing of an application for a protection order must be in public\nunless—\n(a) section 59 applies; or\n(b) the court makes an order under section 60.\n","sortOrder":64},{"sectionNumber":"59","sectionType":"section","heading":"Public hearing not required","content":"59 Public hearing not required\n(1) The hearing of an application for a protection order, or part of the\nhearing, need not be in public if—\n(a) it is a hearing for an interim order; or\n(b) a party is not present at a time when the application is returned\nbefore the court.\nNote Division 4.2A provides for what happens if a party is not present when\nan application for a final order is returned before the court.\n\nreturned, in relation to an application for a protection order—see\nsection 52.\n","sortOrder":65},{"sectionNumber":"60","sectionType":"section","heading":"Closed hearings in special circumstances","content":"60 Closed hearings in special circumstances\n(1) A court hearing an application for a protection order may, if satisfied\nthat it is in the interests of safety, justice or the public to do so, make\nan order—\n(a) permitting—\n(i) the hearing, or part of the hearing, to take place in private;\nand\n(ii) stated people to be present at the hearing; or\n(b) prohibiting or restricting the publication of—\n(i) evidence given at, or received for, the hearing, whether in\npublic or private; or\n(ii) a matter in a document filed in the court for the proceeding;\nor\n(c) prohibiting or restricting the disclosure to some or all of the\nparties to the proceeding of—\n(i) evidence given, or received, at the hearing, whether in\npublic or private; or\n(ii) a matter in a document filed in the court for the proceeding.\n(2) A person commits an offence if the person fails to comply with an\norder under this section.\nMaximum penalty: 50 penalty units.\n\n(3) For subsection (1), the making of an order is in the interests of safety,\njustice or the public if the order is necessary—\n(a) to protect the affected person and any child directly or indirectly\naffected by the respondent’s alleged conduct; or\n(b) to protect morals, public order or national security in a\ndemocratic society; or\n(c) because the interest of the private lives of the parties require the\nprivacy; or\n(d) to the extent privacy is strictly necessary, in special\ncircumstances of the application, because publicity would\notherwise prejudice the interests of justice.\n","sortOrder":66},{"sectionNumber":"60A","sectionType":"section","heading":"Notice of grounds of defence","content":"60A Notice of grounds of defence\n(1) A respondent in a proceeding for an application for a protection order\nmay file a notice of grounds of defence at any time before the end of\nthe proceeding.\nNote If a form is approved under the Court Procedures Act 2004, s 8 for this\nprovision, the form must be used.\n(2) The registrar must serve the notice of grounds of defence on—\n(a) the applicant; and\n(b) anyone else the registrar is satisfied has a relevant interest in the\nproceeding.\na parent or guardian of a child who is an applicant if the parent or guardian\ndoes not live with the child\n(3) The respondent does not waive any objection the respondent may\nhave on the grounds of lack of jurisdiction in the court to decide the\nproceeding only because the respondent files a notice of grounds of\ndefence.\n\n","sortOrder":67},{"sectionNumber":"60B","sectionType":"section","heading":"Applicant may rely on additional information in hearing","content":"60B Applicant may rely on additional information in hearing\nAn applicant for a protection order may in a hearing of an application\nfor a protection order—\n(a) rely on information other than information stated in the\napplication; and\n(b) present additional information to support the application.\n","sortOrder":68},{"sectionNumber":"60C","sectionType":"section","heading":"If child and child’s parent are affected people","content":"60C If child and child’s parent are affected people\nIf a child and the child’s parent are an affected person in relation to\nthe same or similar family violence by a respondent in a proceeding—\n(a) if an application for a protection order by the child is included\nin an application for a protection order by the child’s parent\nunder section 16A—the court may hear the application of the\nchild and the child’s parent separately; or\n(b) if the child is not a party to the proceeding—the court may join\nthe child in the proceeding.\n","sortOrder":69},{"sectionNumber":"60D","sectionType":"section","heading":"Children as witnesses","content":"60D Children as witnesses\n(1) A child, other than a child who is party to a proceeding, may be called\nas a witness in the proceeding only with the court’s leave.\n(2) In deciding whether to give leave, the court must consider—\n(a) the need to protect the child from unnecessary exposure to the\ncourt system; and\n(b) the harm that could be done to the child and the child’s\nrelationship with a family member if the child gives evidence.\n(3) If the court gives leave, the court may restrict cross-examination of\nthe child if satisfied that it is in the best interests of the child to do so.\n\n","sortOrder":70},{"sectionNumber":"61","sectionType":"section","heading":"Discontinuance","content":"61 Discontinuance\n(1) The applicant in a proceeding for a protection order may discontinue\nthe proceeding at any time before a final decision is made in the\nproceeding by filing a notice of discontinuance.\nNote 1 The court may make an order for costs against an applicant if satisfied\nthe application was vexatious, frivolous or in bad faith. However, an\napplication is not vexatious, frivolous or in bad faith only because it is\nmade then discontinued (see s 73).\nNote 2 If a form is approved under the Court Procedures Act 2004, s 8 for this\nprovision, the form must be used.\n(2) If a proceeding is discontinued, the discontinuance—\n(a) does not prevent a further application being made in relation to\nthe same, or substantially the same, matter; and\n(b) is not a defence in a proceeding on any further application.\n","sortOrder":71},{"sectionNumber":"62","sectionType":"section","heading":"Admissibility of preliminary conference evidence","content":"62 Admissibility of preliminary conference evidence\n(1) This section applies to a proceeding for a protection order if a\npreliminary conference is held in relation to the application for the\n(2) Evidence must not be given before, or statements made in, the court\nabout words spoken or anything done at the preliminary conference\nthat is related to a question to be decided by the court in the\nproceeding unless—\n(a) the parties otherwise agree; or\n(b) the court is satisfied that there are substantial reasons why, in\nthe interests of justice, the evidence should be given, or\nstatements made.\n\n","sortOrder":72},{"sectionNumber":"62A","sectionType":"section","heading":"Giving evidence by affidavit for interim order","content":"62A Giving evidence by affidavit for interim order\n(1) This section applies if a police officer applies for a protection order\non behalf of an affected person.\n(2) In a proceeding for an interim order, evidence may be given by an\naffidavit—\n(a) made by the affected person or a police officer; and\n(b) sworn or affirmed before a police officer of, or above, the rank\nof sergeant.\nNote An affidavit may also be sworn or affirmed before a person mentioned in\nthe Oaths and Affirmations Act 1984, s 11.\n","sortOrder":73},{"sectionNumber":"63","sectionType":"section","heading":"Examination of affected person by self-represented","content":"63 Examination of affected person by self-represented\nrespondent\n(1) This section applies if in a proceeding for a family violence order a\nrespondent is not represented by a lawyer.\n(2) An affected person must not be examined personally by the\n(3) The court must, as soon as practicable, tell the respondent—\n(a) about this section; and\n(b) that the respondent may not present evidence from another\nwitness in relation to a fact in issue (the contested fact) to\ncontradict the evidence of the affected person in relation to the\ncontested fact if the other witness’s contradictory evidence has\nnot been put to the affected person in cross-examination.\n(4) The court may—\n(a) appoint a person to examine an affected person on the\nrespondent’s behalf; or\n\n(b) if the court considers it is in the interests of justice, do 1 or more\nof the following:\n(i) adjourn the proceeding to enable the respondent to get a\nlawyer to conduct the examination;\n(ii) make—\n(A) an order that the person get a lawyer; and\n(B) any other order the court considers necessary to get a\nlawyer for the person.\n(5) A person appointed by the court for subsection (4) (a) may ask the\nwitness only the questions that the respondent asks the person to put\nto the affected person, and must not independently give the\nrespondent legal or other advice.\nNote If the court considers a question to be unduly annoying, harassing,\nintimidating etc, the court must disallow it or tell the witness that it need\nnot be answered (see Evidence Act 2011, s 41 (1) (Improper questions)).\nexamine includes cross-examine and re-examine.\n","sortOrder":74},{"sectionNumber":"64","sectionType":"section","heading":"Undertakings by respondent","content":"64 Undertakings by respondent\nBefore a court accepts an undertaking from a respondent in a\nproceeding for a family violence order, the court must obtain from the\nrespondent and protected person a written acknowledgment that each\nperson understands the following:\n(a) a breach of the undertaking is not an offence;\n(b) the undertaking is not legally enforceable;\n(c) the court’s acceptance of the undertaking does not stop the court\nfrom making further orders against the respondent to protect the\nprotected person from family violence;\n\nMaking of protection orders Division 4.4\n(d) evidence of a breach of the undertaking may be used in evidence\nin a later proceeding.\n","sortOrder":75},{"sectionNumber":"65","sectionType":"section","heading":"Court may inform itself","content":"65 Court may inform itself\nThe court may inform itself in any way it considers appropriate in a\nproceeding for a family violence order.\n","sortOrder":76},{"sectionNumber":"66","sectionType":"section","heading":"Explaining orders if respondent present","content":"66 Explaining orders if respondent present\n(a) a court intends to make a protection order; and\n(b) the respondent is before the court.\n(2) On making the protection order (other than a consent order), the court\nmust explain to the respondent, in language likely to be readily\nunderstood by the respondent—\n(a) the purpose, terms and effect of the order; and\nNote Explaining the effect of the order includes explaining any\nconsequence that will automatically flow from the making of the\norder. For example, if relevant, that any firearms licence of the\nrespondent will automatically be cancelled or suspended.\n(b) the consequences that may follow if the respondent fails to\ncomply with the order; and\n(c) how the order may be amended or revoked; and\n(d) that the order may be enforced or amended anywhere in\nAustralia or New Zealand.\nNote Pt 9 deals with the recognition of family violence orders from other\njurisdictions in Australia and New Zealand.\n\n(3) Before making a consent order, the court must explain to the\nrespondent, in language likely to be readily understood by the\nrespondent, the matters mentioned in subsection (2) (a) to (d).\n(4) A failure of the court to comply with this section in relation to a\nprotection order does not affect the validity of the order.\n","sortOrder":77},{"sectionNumber":"67","sectionType":"section","heading":"Explaining orders if protected person present","content":"67 Explaining orders if protected person present\n(a) a court intends to make a protection order; and\n(b) the protected person is before the court.\n(2) On making the protection order (other than a consent order), the court\nmust explain to the protected person, in language likely to be readily\nunderstood by the person—\n(a) the purpose, terms and effect of the order; and\nNote Explaining the effect of the order includes explaining any\nconsequence that will automatically flow from the making of the\norder. For example, if relevant, that any firearms licence of the\nrespondent will automatically be cancelled or suspended.\n(b) the consequences that may follow if the respondent fails to\ncomply with the order; and\n(c) how the order may be amended or revoked; and\n(d) that the order may be enforced or amended anywhere in\nAustralia or New Zealand.\n(3) Before making a consent order, the court must explain to the protected\nperson, in language likely to be readily understood by the person, the\nmatters mentioned in subsection (2) (a) to (d).\n(4) A failure of the court to comply with this section in relation to a\nprotection order does not affect the validity of the order.\n\nService of documents Division 4.4A\n","sortOrder":78},{"sectionNumber":"68","sectionType":"section","heading":"Reasons for order","content":"68 Reasons for order\n(1) If a court makes a protection order, the court must record the reasons\nfor making the order.\n(2) If the order is a consent order, the reason for making the order is that\nthe parties have consented to it.\n","sortOrder":79},{"sectionNumber":"69","sectionType":"section","heading":"Orders generally not to include protected person’s","content":"69 Orders generally not to include protected person’s\naddress\n(1) The protected person’s home or work address must not be included\nin a family violence order unless—\n(a) the protected person agrees to the address being included; or\n(b) it is necessary to include the address to allow the respondent to\ncomply with the order; or\n(c) the court, registrar or another judicial officer making the order\nis satisfied that the respondent already knows the address.\n(2) For this section, if the protected person is not the applicant, protected\nperson includes the applicant.\n","sortOrder":80},{"sectionNumber":"70A","sectionType":"section","heading":"Personal service of application on respondent","content":"70A Personal service of application on respondent\n(1) An application for a protection order and timing notice must be served\npersonally on the respondent.\n(2) However, if personal service is not reasonably practicable, the court\nmay order that the application be served in a way, stated in the order,\nthat the court considers is likely to bring the application and timing\nnotice to the attention of the respondent.\n\n","sortOrder":81},{"sectionNumber":"70B","sectionType":"section","heading":"Dismissal of application for non-service","content":"70B Dismissal of application for non-service\nThe Magistrates Court may dismiss an application for a protection\norder if satisfied that—\n(a) the application cannot be served on the respondent in\naccordance with section 70A; and\n(b) no alternative way of service would be effective to serve the\napplication on the respondent; and\n(c) the respondent has not intentionally avoided service.\n","sortOrder":82},{"sectionNumber":"70C","sectionType":"section","heading":"Service of protection orders","content":"70C Service of protection orders\n(1) If a court makes a protection order, the registrar must—\n(a) if the order is an interim order—serve 2 copies of the order\n(1 marked as the endorsement copy) on the respondent as soon\nas practicable; and\n(b) if the order is not an interim order—serve a copy of the order on\nthe respondent; and\n(c) give a copy of the order to—\n(i) each other party to the proceeding; and\n(ii) the chief police officer; and\n(iii) the registrar of firearms; and\n(iv) if a party to the proceeding is a child—the child’s parent or\n(v) if a party to the proceeding has a disability guardian—the\n\nService of documents Division 4.4A\n(vi) anyone else the court is satisfied has a relevant interest in\nthe proceeding who does not already have a copy of the\nNote 1 Section 108 provides for service of an after-hours order.\nNote 2 Section 70F contains provisions about giving a document to a child or the\nchild’s parent or guardian.\n(2) If the registrar serves a special interim order on a person, the registrar\nmust also give the person a notice telling the person that—\n(a) the respondent may apply to the court for review of the order\nunder section 87 (Special interim orders—application for\nreview); and\n(b) if a preliminary conference in relation to the application for the\nprotection order is held and a consent order is not made—the\ncourt will set a return date for a hearing to decide the application\nfor the final order after all related charges are finalised.\n(3) Service under subsection (1) (a) must be personal service unless—\n(a) the respondent is present when the protection order is made; or\n(b) a court makes an order under section 70A (2).\n(4) The failure of the registrar to comply with subsection (1) (c) (iv)\nor (v) does not affect the validity of the protection order.\n","sortOrder":83},{"sectionNumber":"70D","sectionType":"section","heading":"Self-represented parties","content":"70D Self-represented parties\n(1) This section applies if a party to an application for a protection order\nis not represented by a lawyer.\n(2) Unless the court requires a document to be served by a police officer,\nthe registrar must serve any document required to be served by the\nself-represented party.\n(3) Any address for service given to the court must not be given to the\nother party without the self-represented party’s consent.\n\n","sortOrder":84},{"sectionNumber":"70E","sectionType":"section","heading":"Service of documents by police","content":"70E Service of documents by police\nA court may direct that a document required to be served on someone\nbe served by a police officer.\n","sortOrder":85},{"sectionNumber":"70F","sectionType":"section","heading":"Giving documents to child or child’s parent or guardian","content":"70F Giving documents to child or child’s parent or guardian\n(1) If a document is required to be given to a child, it must not be given\nat or near the child’s school unless there is no other place where the\ndocument may be reasonably given to the child.\n(2) If a document is required to be given to a child’s parent or guardian—\n(a) the document need not be given if the parent or guardian is also\na party to the application or proceeding; and\n(b) the court may order that the document is not required to be given\nif satisfied that—\n(i) giving the document is not reasonably practicable; or\n(ii) there are circumstances that justify the document not being\ngiven.\nExamples—par (ii)\n1 the child is estranged from the child’s parent\n2 there would be an unacceptable risk to the child’s safety if the\nparent or guardian was given the document\nguardian includes a disability guardian.\n","sortOrder":86},{"sectionNumber":"70G","sectionType":"section","heading":"Affidavit of service of documents by police","content":"70G Affidavit of service of documents by police\nIf a police officer serves a document on a person under this Act, an\naffidavit of service by the police officer may be sworn or affirmed\nbefore another police officer of, or above, the rank of sergeant.\nNote An affidavit may also be sworn or affirmed before a person mentioned in\nthe Oaths and Affirmations Act 1984, s 11.\n\nOther procedural matters Division 4.5\n","sortOrder":87},{"sectionNumber":"71","sectionType":"section","heading":"Police officer party to proceeding—substitution of","content":"71 Police officer party to proceeding—substitution of\napplicant etc\n(1) This section applies if a police officer—\n(a) applies for a protection order for an affected person under\nsection 16 (2) (a); or\n(b) is taken to be the applicant for a protection order under\nsection 112 (Court-initiated interim orders).\n(2) The Magistrates Court may, on application or its own initiative,\nsubstitute as applicant—\n(a) with the protected person’s consent—the protected person; or\n(b) a litigation guardian for the protected person or any other person\nwith a right to apply for the protected person.\n(3) In a proceeding for a family violence order, the police officer may be\nrepresented by—\n(a) another police officer; or\n(b) a person nominated by the chief police officer.\n","sortOrder":88},{"sectionNumber":"71A","sectionType":"section","heading":"Request for further particulars","content":"71A Request for further particulars\nA party may only seek further particulars of an applicant for a\nprotection order with the court’s leave.\n\n","sortOrder":89},{"sectionNumber":"73","sectionType":"section","heading":"Costs","content":"73 Costs\n(1) Each party to a proceeding for a family violence order is responsible\nfor the party’s own costs of the proceeding.\n(2) However, a court may make an order about costs against—\n(a) the applicant for a family violence order only if the court is\nsatisfied the application was vexatious, frivolous or in bad faith;\nor\n(b) the respondent if the court considers it appropriate to do so.\nNote If the Magistrates Court orders that a proceeding be dismissed under\ns 54A (Neither party present at return of application), the court must not\nmake an order about costs (see s 54A (2)).\n(3) For subsection (2) (a), an application is not a vexatious or frivolous\napplication or an application made in bad faith only because it is made\nthen discontinued.\n(4) If the court orders costs against a party to a proceeding (the payee)\nfor a family violence order, the amount must not be more than the\ncosts reasonably incurred by the other party.\n(5) The amount stated in the order—\n(a) is a debt owed by the payee to the other party; and\n(b) is a judgment debt enforceable in accordance with the rules\nunder the Court Procedures Act 2004 applying in relation to the\ncivil jurisdiction of the Magistrates Court.\n\nParty with impaired decision-making ability Division 4.6\nDivision 4.6 Party with impaired decision-making\n","sortOrder":90},{"sectionNumber":"74","sectionType":"section","heading":"Meaning of impaired decision-making ability","content":"74 Meaning of impaired decision-making ability\n(1) For this Act, a person has impaired decision-making ability if the\nperson—\n(a) cannot make decisions in relation to a proceeding under this Act;\nor\n(b) does not understand the nature and effect of the decisions the\nperson makes in relation to the proceeding.\n(2) For subsection (1), a person does not have impaired decision-making\nability only because—\n(a) the person makes an unwise decision; or\n(b) a disability guardian is appointed for the person; or\n(c) subject to section 75, the person is a child; or\n(d) the person has, or is taken to have, impaired decision-making\nability under another territory law or in relation to another\nmatter.\n","sortOrder":91},{"sectionNumber":"75","sectionType":"section","heading":"Child respondents","content":"75 Child respondents\nA child under 14 years old cannot be a respondent to an application\nfor a family violence order.\n","sortOrder":92},{"sectionNumber":"76","sectionType":"section","heading":"Representation—party with impaired decision-making","content":"76 Representation—party with impaired decision-making\n(a) the court considers that a party to a proceeding for a family\nviolence order has impaired decision-making ability; and\n\nDivision 4.6 Party with impaired decision-making ability\n(b) the person is not represented by—\n(i) a lawyer; or\n(ii) another person with a right to represent the person.\nExamples—par (b) (ii)\n1 a police officer\n2 litigation guardian\n3 disability guardian\n4 for a child, the child’s parent\n(2) The court may, on application, or its own initiative—\n(a) adjourn the proceeding so the parties can get representation or\nappoint a litigation guardian; and\n(b) give the parties information necessary to allow the parties to get\nrepresentation or appoint a litigation guardian; and\n(c) tell the public advocate that the proceeding has been adjourned\nso the parties can get representation or appoint a litigation\n(d) ask that legal representation be arranged by Legal Aid ACT.\n(3) Nothing in this section prevents a court or judicial officer from\nmaking an interim order or after-hours order against a respondent\nwith impaired decision-making ability if the court is satisfied of the\nmatters mentioned in section 21 (Interim orders—grounds for\nmaking) or section 100 (After-hours orders—grounds for making).\nNote A child under 14 years old cannot be a respondent to an application for a\nfamily violence order (see s 75).\nLegal Aid ACT—see the Legal Aid Act 1977, section 94\n(Commission to operate as Legal Aid ACT).\n\nAppointment etc of litigation guardian Division 4.7\n","sortOrder":93},{"sectionNumber":"77","sectionType":"section","heading":"Consent orders—party with impaired decision-making","content":"77 Consent orders—party with impaired decision-making\n(a) a court is considering an application for a consent order; and\n(b) the court considers that a party to the proceeding is a person with\nimpaired decision-making ability who is not separately\nrepresented by a lawyer or another person with a right to\nrepresent the person; and\n(c) it appears to the court that the party should be separately\nrepresented.\n(2) The court—\n(a) must not make the consent order; and\n(b) may adjourn the hearing to allow the person to get separate\nrepresentation.\n","sortOrder":94},{"sectionNumber":"78","sectionType":"section","heading":"Litigation guardian—appointment","content":"78 Litigation guardian—appointment\n(1) The following people may be appointed as a litigation guardian for a\nperson with impaired decision-making ability (the assisted person) in\na proceeding for a family violence order:\n(a) an adult who is not a person with impaired decision-making\nability;\n(b) the public advocate.\n(2) A person is appointed by filing with the Magistrates Court a\nstatement—\n(a) about whether, to the best of the person’s knowledge, the\nassisted person already has a disability guardian; and\n\n(b) to the effect that the person—\n(i) has no interest in the proceeding that is adverse to the\ninterests of the assisted person; and\n(ii) agrees to be appointed.\n(3) If the assisted person already has a disability guardian, the disability\nguardian may be appointed as the assisted person’s litigation guardian\nonly with the Magistrates Court’s leave.\n","sortOrder":95},{"sectionNumber":"79","sectionType":"section","heading":"Litigation guardian—powers","content":"79 Litigation guardian—powers\n(1) This section applies if a litigation guardian has been appointed under\nsection 78 for a person with impaired decision-making ability.\n(2) Anything that the person is allowed to do under this Act may be done\nby the person’s litigation guardian.\n(3) Anything that the person is required to do under this Act must be done\nby the person’s litigation guardian.\nNote The litigation guardian may not give the person’s evidence for the person\n(see Evidence Act 2011, pt 3.2).\n","sortOrder":96},{"sectionNumber":"80","sectionType":"section","heading":"Litigation guardian—responsibilities","content":"80 Litigation guardian—responsibilities\nThe litigation guardian of a person with impaired decision-making\nability in a proceeding for a family violence order must do everything\nthat is necessary in the proceeding to protect the person’s interests.\n","sortOrder":97},{"sectionNumber":"81","sectionType":"section","heading":"Litigation guardian—removal","content":"81 Litigation guardian—removal\n(1) A court may in a proceeding for a family violence order, on\napplication or on its own initiative—\n(a) remove the litigation guardian of a person with impaired\ndecision-making ability in the proceeding; and\n(b) order that the proceeding be stayed until someone else has been\nappointed as a replacement litigation guardian.\n\nAppointment etc of litigation guardian Division 4.7\n(2) An applicant for an order under subsection (1) must, unless the court\notherwise directs, serve notice of the application on the person whose\nremoval is sought and on the person with impaired decision-making\nability in the proceeding.\n(3) An application under subsection (1) may be made by a party to the\nproceeding or anyone else.\n\n","sortOrder":98},{"sectionNumber":"82","sectionType":"section","heading":"Amendment of protection orders—who may apply","content":"82 Amendment of protection orders—who may apply\nThe Magistrates Court may, on application by any of the following\npeople, amend a protection order:\n(a) the protected person for the order;\n(b) if the protected person is not the applicant for the order—the\napplicant;\n(c) the respondent to the order.\nNote 1 Amend includes extend or reduce the period for which the protection\norder remains in force (see dict).\nNote 2 If a form is approved under the Court Procedures Act 2004, s 8 for an\n","sortOrder":99},{"sectionNumber":"82A","sectionType":"section","heading":"Amendment of protection orders—preliminary","content":"82A Amendment of protection orders—preliminary\nconferences\n(1) If the Magistrates Court receives an application under section 82, the\ncourt must hold a preliminary conference unless the court is satisfied,\non application or on its own initiative, that—\n(2) The objects of a preliminary conference are to—\n(a) find out whether the proceeding for the amendment may be\nsettled by consent before it is heard by the Magistrates Court;\nand\n\nAmendment of protection orders Part 5\nNote Words spoken or anything done at the preliminary conference that is\nrelated to a question to be decided by the court in a proceeding for the\n(3) If the Magistrates Court decides to hold a preliminary conference the\n(5) The registrar may adjourn a preliminary conference if—\nand\n(b) the respondent has not been served in accordance with this\nsection; and\n\n(c) the registrar is satisfied that the respondent may be served if\nfurther time for service were allowed.\nNote The court may direct that service be effected in another way if personal\n","sortOrder":100},{"sectionNumber":"82B","sectionType":"section","heading":"Provisional amendment of protection order in special or","content":"82B Provisional amendment of protection order in special or\nexceptional circumstances\n(1) This section applies if the Magistrates Court receives an application\nfor an amendment under section 82 and the applicant—\n(a) is the protected person, or the applicant, for the protection order;\nand\n(b) seeks an urgent amendment (a provisional amendment) before\nthe application for the amendment is decided.\n(2) The Magistrates Court may make the provisional amendment at any\ntime before the application for the amendment is decided, and\nwhether or not the respondent is present, if satisfied—\n(a) that there are special or exceptional circumstances that justify\nmaking the amendment; and\n(b) of the matters mentioned in section 83 (1).\n(3) If the Magistrates Court makes a provisional amendment, the registrar\nmust as soon as practicable serve on the respondent a copy of the\nprovisional amendment.\nNote Section 82A deals with the holding of a preliminary conference in\nrelation to an application made under s 82.\n(4) A provisional amendment ends on the earlier of the following:\n(a) the date the application for the amendment is decided;\n(b) 12 months after the provisional amendment is made.\n(5) More than 1 provisional amendment may be in force in relation to the\nsame application.\n\nAmendment of protection orders Part 5\n","sortOrder":101},{"sectionNumber":"83","sectionType":"section","heading":"Amendment of protection orders","content":"83 Amendment of protection orders\n(1) The Magistrates Court may amend a protection order only if satisfied\nthat—\n(a) amending the order will not adversely affect the safety of the\nprotected person or a child of the protected person; and\n(b) the order as amended could be made on application for a\nprotection order; and\n(c) if the amendment would reduce the protection of a child who is\n15 years old or younger—the child is no longer in need of the\ngreater protection provided by the unamended protection order.\n(2) If the protection order has been amended by being extended, the order\nmust mention that it has been extended.\n(3) An application for an amendment must state the grounds for the\napplication.\n1 the protected person has had a change in circumstances since the original order\nwas made\n2 the original order restricts the respondent’s rights unnecessarily\n(4) An application for an amendment must be made before the original\norder ends.\n(5) If the parties consent to the application to amend the protection order,\nthe Magistrates Court must amend the order regardless of whether or\nnot—\n(a) the grounds mentioned in subsection (1) (a), (b) and (c) have\nbeen made out; or\n(b) the court has considered those grounds.\n\n","sortOrder":102},{"sectionNumber":"84","sectionType":"section","heading":"Final orders—temporary amendment","content":"84 Final orders—temporary amendment\n(1) The Magistrates Court may, on application, amend a final order for a\nstated period (a temporary amendment).\n(2) The order for the temporary amendment must state—\n(a) the date and time when the amendment starts and ends; and\n(b) the reasons for the amendment.\n","sortOrder":103},{"sectionNumber":"85","sectionType":"section","heading":"General interim orders made by consent—extension","content":"85 General interim orders made by consent—extension\nThe Magistrates Court may, on application, amend a general interim\norder made as a consent order by extending it for an additional stated\nperiod, or further additional stated period.\n","sortOrder":104},{"sectionNumber":"86","sectionType":"section","heading":"Final orders—extension","content":"86 Final orders—extension\n(1) The Magistrates Court must, on application, amend a final order (the\noriginal order) by extending it for a stated period unless satisfied that\na protection order is no longer necessary to protect the protected\nperson from family violence by the respondent.\n(2) If the parties consent to the application to amend the original order,\nthe Magistrates Court must amend the original order without\nconsidering the matter mentioned in subsection (1).\n\n","sortOrder":105},{"sectionNumber":"87","sectionType":"section","heading":"Special interim orders—application for review","content":"87 Special interim orders—application for review\nThe Magistrates Court may, on application by the respondent to a\nspecial interim order, give leave to the respondent to apply to the\ncourt for review of the order in relation to any of the following only:\n(a) the identity of the respondent;\n(b) an administrative defect or error in the special interim order;\n(c) whether or not there are outstanding related charges in relation\nto the respondent.\nNote 1 Section 22 deals with the making of general interim orders and special\ninterim orders.\nNote 2 If a form is approved under the Court Procedures Act 2004, s 8 for an\n","sortOrder":106},{"sectionNumber":"88","sectionType":"section","heading":"Special interim orders—review","content":"88 Special interim orders—review\n(1) On hearing an application for review under section 87, the\nMagistrates Court must, by order—\n(b) confirm the special interim order; or\n(c) revoke the special interim order; or\n(d) set aside the special interim order and make a new interim order.\n(2) The Magistrates Court may revoke the special interim order only if\nthe Magistrates Court is satisfied that the special interim order is no\nlonger necessary for the protection of the protected person.\n(3) If the Magistrates Court revokes the special interim order and the\nprotected person is not present in court when the order is revoked, the\ncourt must notify the protected person in writing as soon as\npracticable.\n\n","sortOrder":107},{"sectionNumber":"89","sectionType":"section","heading":"Final orders—application for review","content":"89 Final orders—application for review\n(1) This section applies to an application for review of a final order (the\noriginal order).\nNote Section 91 also applies to applications for review of consent orders.\n(2) The following people may apply to the Magistrates Court for review\nof the original order:\n(a) the protected person;\n(b) if the protected person is not the applicant—the applicant;\n(c) with the court’s leave—\n(i) the respondent; or\n(ii) someone else with sufficient interest in the original order.\nExample—someone with sufficient interest\na protected person’s guardian\n(3) Before hearing an application for leave for subsection (2) (c), the\nMagistrates Court must—\n(a) fix a date and time to hear the application; and\n(b) give the people mentioned in subsection (2) written notice of the\ndate and time.\n(4) The Magistrates Court may grant leave under subsection (2) (c) only\nif satisfied there has been a change in the circumstances of a party to\nthe order or it is in the interests of justice to do so.\n(5) In this section:\nprotected person means the protected person in relation to the\noriginal order.\nrespondent means the respondent to the original order.\n\n","sortOrder":108},{"sectionNumber":"90","sectionType":"section","heading":"Final orders—review","content":"90 Final orders—review\n(1) On hearing an application under section 89 to review a final order,\nthe Magistrates Court must, by order—\n(b) confirm the original order; or\n(c) revoke the original order; or\n(d) set aside the original order and make a new order.\n(2) The Magistrates Court may revoke the original order—\n(a) if the Magistrates Court is satisfied that the original order is no\nlonger necessary to protect the protected person; or\n(b) if—\n(i) the applicant for the original order applies for the review\nof the original order; and\n(ii) if the revocation would affect the protection of a child who\nis 15 years old or younger—the Magistrates Court is\nsatisfied the child is no longer in need of the protection\nprovided by the original order.\n(3) If the Magistrates Court revokes the original order and the protected\nperson is not present in court when the order is revoked, the court\nmust notify the protected person in writing as soon as practicable.\n","sortOrder":109},{"sectionNumber":"91","sectionType":"section","heading":"Consent orders—review","content":"91 Consent orders—review\n(1) A party to a proceeding for a protection order may also apply to the\nMagistrates Court for a review of a consent order (the original order)\non the ground that the making of the original order was induced or\naffected by fraud or duress, other than fraud of the party or duress\napplied by the party.\n\n(2) On application for the review, the Magistrates Court may—\n(a) either—\n(i) amend, or refuse to amend, the original order; or\n(ii) declare the original order void; and\n(b) make any order that could have been made on the application in\nrelation to which the original order was made instead of the\noriginal order.\n","sortOrder":110},{"sectionNumber":"91A","sectionType":"section","heading":"Review of orders—preliminary conference","content":"91A Review of orders—preliminary conference\n(1) If the Magistrates Court receives an application under section 87,\nsection 89 or section 91, the court must hold a preliminary conference\nunless the court is satisfied, on application or on its own initiative,\nthat—\n(2) The objects of a preliminary conference are to—\n(a) find out whether the proceeding for the review may be settled\nby consent before it is heard by the Magistrates Court; and\nNote Words spoken or anything done at the preliminary conference that is\nrelated to a question to be decided by the court in a proceeding for the\n(3) If the Magistrates Court decides to hold a preliminary conference, the\n\n(5) The registrar may adjourn a preliminary conference if—\nand\n(b) the respondent has not been served in accordance with this\nsection; and\n(c) the registrar is satisfied that the respondent may be served if\nfurther time for service were allowed.\nNote The court may direct that service be effected in another way if personal\n\n","sortOrder":111},{"sectionNumber":"91B","sectionType":"section","heading":"Magistrate review of registrar decisions","content":"91B Magistrate review of registrar decisions\n(a) a territory law provides for the exercise of the Magistrates\nCourt’s jurisdiction by the registrar in relation to a relevant\ndecision; and\nNote The Court Procedures Rules 2006 may provide for the jurisdiction\nof the Magistrates Court otherwise exercisable by a magistrate to\nbe exercised by the registrar, in the cases and subject to the\nconditions prescribed under the rules (see Magistrates Court\nAct 1930, s 4 (4)).\n(b) the registrar makes a relevant decision.\n(2) The registrar must tell the applicant for the protection order about the\neffect of this section when they make the relevant decision.\n(3) The applicant may, before the close of registry on the day the relevant\ndecision is made, request a review of the relevant decision.\nNote For registry’s office hours, see the Court Procedures Rules 2006, r 6300.\n(4) The request may be made orally or in writing.\n(5) If the applicant requests a review under subsection (3), the registrar\nmust—\n(a) set a return date for a hearing of the request for review that is as\nsoon as reasonably practicable, but not later than 2 days after the\nday the request is received; and\n(b) tell the applicant the return date, time and place of the hearing.\n(6) The registrar need not tell the respondent about the return date, time\nand place of the hearing.\n(7) The review is a rehearing of the matter anew.\n(8) For this section, a decision of the registrar is a relevant decision if it\nis a decision to—\n(a) refuse to make an interim order; or\n\n(b) if section 54 (Respondent not present at return of application)\napplies—adjourn the proceeding; or\n(c) if the applicant for the protection order asks for a condition to\nbe included in an interim order—refuse to include the condition\nin the interim order.\n(9) Despite subsection (8) (c), a decision of the registrar is not a relevant\ndecision if the registrar includes a condition of a similar kind in the\ninterim order.\nExample—condition of a similar kind\nThe applicant for a protection order asks for the interim order to include a condition\nthat the respondent is prohibited from being within 20m of the applicant. The\nregistrar refuses to include the requested condition, but includes a condition that the\nrespondent is prohibited from being within 50m of the applicant. The condition\nincluded in the interim order is a condition of a similar kind to the condition sought\nby the applicant.\n","sortOrder":112},{"sectionNumber":"92","sectionType":"section","heading":"Appealable decisions","content":"92 Appealable decisions\nThe following decisions by the Magistrates Court under this Act are\nappealable:\n(a) the making, amending or revoking of a final order;\n(b) a refusal to make, amend or revoke a final order;\n(c) a decision mentioned in section 91 made on the review of a\nconsent order.\n","sortOrder":113},{"sectionNumber":"93","sectionType":"section","heading":"Appeals to Supreme Court","content":"93 Appeals to Supreme Court\n(1) A person may appeal to the Supreme Court against an appealable\ndecision if the person was a party to the proceeding in which the\ndecision was made.\n\n(2) The person must file a notice of appeal with the Supreme Court not\nlater than 28 days after—\n(a) if the appealable decision was the making or amending of a final\norder and the respondent was not present when the final order\nwas made or amended—the day the final order or amendment is\nserved on the respondent; or\n(b) in any other case—the date of the order.\n(3) However, the Supreme Court may allow a person to file a notice of\nappeal after the period mentioned in subsection (2) if satisfied that it\nis appropriate to do so.\n","sortOrder":114},{"sectionNumber":"95","sectionType":"section","heading":"Evidence on appeal","content":"95 Evidence on appeal\nIn an appeal, the Supreme Court must consider the evidence given in\nthe proceeding from which the appeal arose, and has power to draw\ninferences of fact and, in its discretion, to receive further evidence.\n","sortOrder":115},{"sectionNumber":"96","sectionType":"section","heading":"Powers of Supreme Court on appeal","content":"96 Powers of Supreme Court on appeal\nOn an appeal, the Supreme Court may—\n(a) confirm, reverse or amend the decision or order appealed from;\nor\n(b) make the decision or order that, in all the circumstances, it\nconsiders appropriate, or refuse to make an order; or\n(c) set aside the decision or order appealed from, completely or\npartly, and remit the proceedings to the Magistrates Court for\nfurther hearing, subject to the directions the Supreme Court\nconsiders appropriate.\n","sortOrder":116},{"sectionNumber":"97","sectionType":"section","heading":"Effect of filing appeal","content":"97 Effect of filing appeal\nThe filing of an appeal against the making or amending of a final\norder does not affect the operation of the order.\n\n","sortOrder":117},{"sectionNumber":"98","sectionType":"section","heading":"Meaning of business hours—pt 7","content":"98 Meaning of business hours—pt 7\nbusiness hours, of the Magistrates Court, means the time, on a day\nthe registry of the Magistrates Court is required to be open under the\nCourt Procedures Rules 2006, between the earliest and latest times\nthat the court would normally sit on that day.\n","sortOrder":118},{"sectionNumber":"99","sectionType":"section","heading":"Police officer may apply for after-hours order","content":"99 Police officer may apply for after-hours order\nA police officer may apply to a judicial officer for an order against a\nperson outside the business hours of the Magistrates Court\n(an after-hours order).\nNote A child under 14 years old cannot be a respondent to an application for a\nfamily violence order (see s 75).\n","sortOrder":119},{"sectionNumber":"100","sectionType":"section","heading":"After-hours orders—grounds for making","content":"100 After-hours orders—grounds for making\nA judicial officer may make an after-hours order if satisfied that—\n(a) there is a risk to an affected person of family violence by the\nrespondent; and\n(b) the order is immediately necessary to—\n(i) ensure the safety of the affected person from the violence;\nor\n(ii) prevent substantial damage to the affected person’s\nproperty; and\n(c) in relation to the circumstances creating the risk mentioned in\nparagraph (a)—\n(i) it is not practicable to arrest the respondent for a family\nviolence offence; or\n\n(ii) there are no grounds to arrest the respondent for a family\nviolence offence.\nExamples—par (c) (i)\n1 the respondent is in NSW and ACT police do not have the power\nto make an immediate arrest\n2 the respondent’s immediate location is not known\nNote 1 The judicial officer must also consider the matters mentioned in s 14 in\ndeciding whether to make the after-hours order.\n","sortOrder":120},{"sectionNumber":"101","sectionType":"section","heading":"After-hours orders—application","content":"101 After-hours orders—application\n(1) An application for an after-hours order may be made by telephone.\n(2) The police officer making the application must—\n(a) satisfy the judicial officer about the police officer’s identity,\nrank and identification number; and\n(b) describe the conduct the application is based on; and\n(c) give the reasons for the application; and\n(d) provide any other relevant information required by the judicial\nofficer.\n(3) If it is practicable in the circumstances, the police officer must send\nthe judicial officer a brief written statement of the matters mentioned\nin subsection (2) (b) and (c) by fax or email.\n(4) If the statement is not sent by fax or email, the judicial officer must\nensure that a brief description of the conduct the application is based\non and the reasons for the application are part of the record of the\nMagistrates Court.\n\n","sortOrder":121},{"sectionNumber":"102","sectionType":"section","heading":"After-hours orders—making","content":"102 After-hours orders—making\n(1) An after-hours order must include—\n(a) the name, rank and identification number of the police officer\nwho applied for the order; and\n(b) the protected person’s and respondent’s name; and\n(c) the conditions of the order; and\n(d) the time the order is made; and\n(e) the name and position of the judicial officer.\n(2) The after-hours order must—\n(a) be sent to the police officer by fax or email if it is practicable to\ndo so; or\n(b) otherwise be dictated to the police officer over the telephone or\nby any other electronic means.\n(3) If the judicial officer dictates the after-hours order over the\ntelephone—\n(a) the judicial officer and police officer must each make a record\nof the matters dictated; and\n(b) the record made by the judicial officer is the original after-hours\n(c) the record made by the police officer is a copy of the order.\n","sortOrder":122},{"sectionNumber":"103","sectionType":"section","heading":"After-hours orders—refusal","content":"103 After-hours orders—refusal\nIf an application for an after-hours order is refused, the judicial officer\nmust record in writing—\n(a) the name, rank and identification number of the police officer\nwho applied for the order; and\n(b) the name of the person against whom the order was sought; and\n\n(c) the name of the person for whose protection the order was\nsought; and\n(d) the reasons for refusing to make the order.\n","sortOrder":123},{"sectionNumber":"104","sectionType":"section","heading":"After-hours orders—records","content":"104 After-hours orders—records\nThe judicial officer must—\n(a) if an after-hours order is made, record the reasons for making\nthe order; and\n(b) ensure that every record made under section 102 or section 103\nis part of the record of the Magistrates Court.\n","sortOrder":124},{"sectionNumber":"105","sectionType":"section","heading":"After-hours orders—detention of person against whom","content":"105 After-hours orders—detention of person against whom\norder sought\n(1) If a police officer proposes to apply for an after-hours order against a\nperson, the police officer may—\n(a) if the police officer is reasonably satisfied of a reason mentioned\nin section 100 (a) and (b), remove the person to another place;\nand\n(b) detain the person until—\n(i) if the order is made—a copy of the order is given to the\nperson; or\n(ii) if the application for the order is refused—the police\nofficer is notified by the judicial officer of the refusal.\n(2) A person must not be detained under this section for longer than\n4 hours.\n\n","sortOrder":125},{"sectionNumber":"106","sectionType":"section","heading":"After-hours orders—length","content":"106 After-hours orders—length\n(1) An after-hours order remains in force until the earliest of the\nfollowing:\n(a) close of business on the second business day after the day the\norder is made;\n(b) the order is revoked;\n(c) a final order or interim order made against the respondent in\nrelation to the affected person is served on the respondent.\nNote Periods of less than 5 days are to be worked out ignoring any day the\nMagistrates Court is not open for business (see s 154).\n(2) An after-hours order cannot be renewed or extended.\nbusiness day means a day the registry of the Magistrates Court is\nrequired to be open under the Court Procedures Rules 2006.\n","sortOrder":126},{"sectionNumber":"107","sectionType":"section","heading":"After-hours orders—amendment or revocation","content":"107 After-hours orders—amendment or revocation\n(1) An after-hours order may be amended or revoked during business\nhours of the Magistrates Court in the same way, and on the same\ngrounds, as a protection order may be amended or revoked.\n(2) An after-hours order may be revoked or amended outside business\nhours of the Magistrates Court by a judicial officer on application by\na police officer.\n(3) The procedure for amending or revoking an after-hours order outside\nbusiness hours of the Magistrates Court is the same as the procedure\nfor making an after-hours order.\n(4) However, the application for amendment or revocation need not\ndescribe the conduct the original application for the after-hours order\nis based on.\n\n","sortOrder":127},{"sectionNumber":"108","sectionType":"section","heading":"Service of after-hours orders","content":"108 Service of after-hours orders\n(1) A copy of an after-hours order must be served personally on the\nrespondent by a police officer.\n(2) However, if personal service of an after-hours order is not reasonably\npracticable, a judicial officer may order that the application be served\nin the way, stated in the order, that the judicial officer considers is\nlikely to bring the after-hours order to the attention of the respondent.\n","sortOrder":128},{"sectionNumber":"109","sectionType":"section","heading":"Police required to explain after-hours orders","content":"109 Police required to explain after-hours orders\n(1) A police officer serving a copy of an after-hours order on a respondent\nmust, as far as practicable in the circumstances, explain to the\nrespondent the purpose, terms and effect of the order and the\nconsequences of contravening the order.\n(2) The failure of a police officer to comply with subsection (1) does not\naffect the validity of the service of the after-hours order.\n","sortOrder":129},{"sectionNumber":"110","sectionType":"section","heading":"Police to give reasons for not applying for after-hours","content":"110 Police to give reasons for not applying for after-hours\n(1) This section applies if a police officer—\n(a) deals with an incident in which the police officer is satisfied that\nthere are reasonable grounds, as set out in section 100, for\nmaking an after-hours order; and\n(b) decides not to apply for an after-hours order.\n(2) The police officer must make a record of the decision, including a\nbrief note of the reasons for it.\n\nCourt-initiated actions Part 8\n","sortOrder":130},{"sectionNumber":"111","sectionType":"section","heading":"Application—pt 8","content":"111 Application—pt 8\nThis part applies to a proceeding for a family violence offence (a\nfamily violence proceeding).\n","sortOrder":131},{"sectionNumber":"112","sectionType":"section","heading":"Court-initiated interim orders","content":"112 Court-initiated interim orders\n(1) In a family violence proceeding, the court may make an interim order\nagainst the defendant if the court is satisfied that a court may, if it\nwere acting on an application for a final order, make an interim order\nagainst the defendant.\n(2) The interim order may be made—\n(a) at any time before the family violence proceeding is finalised;\nor\n(b) if the defendant is found guilty of the offence.\n(3) The interim order may be made as a consent order under section 33\nas if the court were acting on an application for a final order.\n(4) The court may inform itself of any matter necessary to make an\ninterim order under this section.\n(5) The registrar must, as soon as practicable after an interim order is\nmade under this section—\n(a) give the protected person a copy of the interim order; and\n(b) take all reasonable steps to confirm the protected person knows\nabout the interim order.\n\nfinalised—a family violence proceeding is finalised if—\n(a) the charge for the offence in the family violence proceeding is\nwithdrawn; or\n(b) the director of public prosecutions declines to proceed further\nwith the prosecution of the offence and causes it to be brought\nto an end; or\n(c) the charge is dismissed by a court; or\n(d) the person is discharged by a court following a committal\nhearing; or\n(e) the person is acquitted, convicted or found guilty of the offence.\n","sortOrder":132},{"sectionNumber":"113","sectionType":"section","heading":"Interim court-initiated protection order taken to be special","content":"113 Interim court-initiated protection order taken to be special\ninterim order\nIf a court makes an interim order under section 112—\n(a) an application for a final order is taken to have been made and\nserved on the respondent; and\n(b) the order is taken to be a special interim order; and\n(c) the applicant for the protection order is taken to be—\n(i) a stated police officer; or\n(ii) if the protected person consents—\n(A) the protected person; or\n(B) a litigation guardian for the protected person or any\nother person with a right to apply for the protected\n(d) subdivision 3.3.3 (Special interim orders) applies to the order as\nif the charge for the offence in the family violence proceeding\nwere an outstanding related charge; and\n\nCourt-initiated actions Part 8\n(e) section 47 (1) (b) (Interim order sought) applies to the order; and\n(f) section 48 (Service of application etc on others) applies to the\n(g) division 4.2 (Preliminary conferences) applies to the order; and\n(h) division 4.2A (Non-attendance by party) applies to the order.\n","sortOrder":133},{"sectionNumber":"114","sectionType":"section","heading":"Amendment of existing protection order if later family","content":"114 Amendment of existing protection order if later family\nviolence charge\n(1) In a family violence proceeding, a court may amend an existing\nprotection order against the defendant in relation to the protected\nperson if satisfied that an amendment is necessary to protect the\nprotected person or another affected person from family violence.\nNote 1 An affected person includes any child who hears, witnesses or is\nNote 2 The court may amend a recognised non-local FVO under s 132.\n(2) If the existing protection order is—\n(a) a general interim order—\n(i) the interim order is taken to be a special interim order; and\n(ii) subdivision 3.3.3 (Special interim orders) applies to it as if\nthe charge for the offence in the family violence\nproceeding were an outstanding related charge; or\n(b) a special interim order—the charge for the offence in the family\nviolence proceeding is taken to be an outstanding related charge.\n(3) The court may inform itself of any matter necessary to amend a\nprotection order under this section.\n\n","sortOrder":134},{"sectionNumber":"115","sectionType":"section","heading":"Definitions—pt 9","content":"115 Definitions—pt 9\ncorresponding law means a law of another jurisdiction prescribed by\nregulation that contains provisions that substantially correspond with\nthe provisions in this part.\nfamily violence concern—see section 116.\nfamily violence order—see FVO.\nfinal FVO means an FVO that is not an interim FVO.\nforeign order means—\n(a) a New Zealand FVO; or\n(b) a prescribed order.\nFVO (or family violence order) means a local FVO, an interstate\nFVO or a foreign order.\ngeneral violence order means—\n(a) an intervention order under the Intervention Orders (Prevention\nof Abuse) Act 2009 (SA); or\n(b) a violence restraining order under the Restraining Orders\nAct 1997 (WA) other than—\n(i) a family violence restraining order made under that Act,\nsection 10E; or\n(ii) a police order under that Act.\n\nPreliminary Division 9.1\ninterim FVO means an FVO that is of an interim or provisional nature\nand includes the following:\n(a) an FVO made by a police officer;\nNote An after-hours order is an interim FVO for this part.\n(b) a temporary protection order under the Domestic and Family\nViolence Protection Act 2012 (Qld);\n(c) an FVO prescribed by regulation.\ninterstate FVO—\n(a) means an order of another jurisdiction prescribed by regulation;\nbut\n(b) does not include a registered foreign order.\ninterstate law enforcement agency means—\n(a) the police force of another jurisdiction; or\n(b) any other agency of another jurisdiction responsible for the\nenforcement of FVOs in that jurisdiction.\nissuing authority means a court or person with power to make, amend\nor revoke an FVO under the law of a participating jurisdiction.\nissuing jurisdiction, for an FVO, means the jurisdiction in which the\nFVO is made.\njurisdiction means a State or the Territory.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nlocal FVO—\n(a) means a protection order or an after-hours order under this Act;\nbut\n(b) does not include a registered foreign order.\nlocal law enforcement agency means the Australian Federal Police.\n\nmake includes issue.\nNew Zealand FVO means an order made under the Family Violence\nAct 2018 (NZ) or under an Act repealed by that Act.\nnon-local FVO means an interstate FVO or a foreign FVO.\nparticipating jurisdiction means the following jurisdictions:\n(a) the ACT;\n(b) a jurisdiction in which a corresponding law is enacted.\nproperly notified—see section 117.\nrecognised amendment—see section 120.\nregistered foreign order means—\n(a) a foreign order of another jurisdiction prescribed by regulation;\nor\n(b) a foreign order registered under section 134B.\n","sortOrder":135},{"sectionNumber":"116","sectionType":"section","heading":"Meaning of family violence concern—pt 9","content":"116 Meaning of family violence concern—pt 9\n(1) For this part, an intervention order under the Intervention Orders\n(Prevention of Abuse) Act 2009 (SA) addresses a family violence\nconcern if the order is made because it is reasonable to suspect that\nthe respondent will, without intervention, commit an act of domestic\nabuse (within the meaning of that Act).\n(2) For this part, a family violence restraining order under the Restraining\nOrders Act 1997 (WA) addresses a family violence concern if the\norder is made because the respondent has committed, or because it is\nfeared the respondent will commit, family violence (within the\nmeaning of that Act, section 5A).\n\nPreliminary Division 9.1\n(3) For this part, a general violence order is taken to be an order that\naddresses a family violence concern if—\n(a) it is declared for this part and a corresponding law to be an order\nthat addresses a family violence concern (however described) by\nthe issuing authority that makes the order, or\n(b) a registrar of a court of the jurisdiction in which the order was\nmade makes an order for this part and a corresponding law\ndeclaring the FVO to be a recognised FVO (however described)\nin that jurisdiction.\n","sortOrder":136},{"sectionNumber":"117","sectionType":"section","heading":"Meaning of properly notified—pt 9","content":"117 Meaning of properly notified—pt 9\n(1) For this part, the making of a local FVO is properly notified under\nterritory law if—\n(a) the respondent is present when the FVO is made; or\n(b) the FVO is served in accordance with division 4.4A (Service of\ndocuments).\n(2) The making of an interstate FVO is properly notified under the law\nof the jurisdiction in which it is made in the circumstances provided\nfor by the corresponding law of that jurisdiction.\n(3) An amendment of a recognised FVO that is done in the ACT is\nproperly notified under territory law if—\n(a) the respondent is present when the FVO is made; or\n(b) the FVO is served in accordance with division 4.4A (Service of\ndocuments).\n(4) An amendment of a recognised FVO that is done in another\njurisdiction is properly notified under the law of that jurisdiction in\nthe circumstances provided for by the corresponding law of that\n\n","sortOrder":137},{"sectionNumber":"118","sectionType":"section","heading":"Special provisions for registered foreign orders","content":"118 Special provisions for registered foreign orders\n(1) For this part, a registered foreign order is taken to be made—\n(a) in the jurisdiction in which it is registered as a registered foreign\n(b) when it becomes a registered foreign order in that\n(2) A registered foreign order is amended or revoked, for this part, if its\nregistration as a registered foreign order is amended or revoked.\n(3) A power given under this part to amend or revoke a registered foreign\norder is a power to amend or revoke registration of the order as a\nregistered foreign order.\n","sortOrder":138},{"sectionNumber":"Subdiv 9","sectionType":"subdivision","heading":"2.1 General principles","content":"Subdivision 9.2.1 General principles\n","sortOrder":139},{"sectionNumber":"119","sectionType":"section","heading":"Recognition of FVOs","content":"119 Recognition of FVOs\n(1) Each of the following FVOs is a recognised FVO in the ACT:\n(a) a local FVO;\n(b) an interstate FVO made in a participating jurisdiction;\n(c) a foreign order that is a registered foreign order in any\nparticipating jurisdiction.\nNote Recognition can also extend to FVOs made in jurisdictions that are not,\nor are not yet, a participating jurisdiction (see div 9.6).\n(2) An FVO becomes a recognised FVO when it is made.\nNote A foreign order is taken to be made when it is registered as a registered\nforeign order (see s 118).\n(3) An FVO is a recognised FVO, subject to this part, for the period for\nwhich it remains in force in the jurisdiction in which it is made.\n\n","sortOrder":140},{"sectionNumber":"120","sectionType":"section","heading":"Amendment of FVOs","content":"120 Amendment of FVOs\n(1) An amendment of a recognised FVO that is done in this or another\njurisdiction is a recognised amendment in the ACT in the\ncircumstances provided for by this section.\n(2) An amendment of a local FVO is a recognised amendment in the ACT\nif the amendment is done—\n(a) in the ACT by a court or a person authorised to do so under this\nAct; or\n(b) in another participating jurisdiction by a court under a\n(3) An amendment of an interstate FVO or foreign order is a recognised\namendment in the ACT if the amendment is done—\n(a) in the issuing jurisdiction by a court or a person authorised to\ndo so under the law of the issuing jurisdiction; or\n(b) in any participating jurisdiction by a court under this part or a\nNote The issuing jurisdiction for a foreign order is the jurisdiction in\nwhich the order is made (see s 115, def issuing jurisdiction and s 118).\n(4) An amendment is recognised from the time that it is done.\n","sortOrder":141},{"sectionNumber":"121","sectionType":"section","heading":"Revocation of recognised FVOs","content":"121 Revocation of recognised FVOs\n(1) An FVO ceases to be a recognised FVO if the FVO is revoked in\nthis or another jurisdiction and that revocation is recognised in the\nACT.\n(2) A revocation of a local FVO is recognised in the ACT if the\nrevocation is done—\n(a) in the ACT by a court or a person authorised to do so under this\nAct; or\n\n(b) in another participating jurisdiction by a court under a\n(3) A revocation of an interstate FVO or foreign order is recognised in\nthe ACT if the revocation is done—\n(a) in the issuing jurisdiction by a court or a person authorised to\ndo so under the law of the issuing jurisdiction; or\n(b) in any participating jurisdiction by a court under this part or a\n(4) The FVO ceases to be a recognised FVO from the time it is revoked.\n","sortOrder":142},{"sectionNumber":"122","sectionType":"section","heading":"Recognised FVO prevails over earlier comparable FVOs","content":"122 Recognised FVO prevails over earlier comparable FVOs\n(1) A recognised FVO that is enforceable against a respondent in the ACT\n(a new FVO) supersedes—\n(a) any comparable recognised FVO made earlier than the new\nFVO; and\n(b) any comparable local FVO made earlier than the new FVO\n(whether or not the local FVO is a recognised FVO).\n(2) The earlier comparable FVO is superseded from the time the\nrecognised FVO becomes enforceable against the respondent.\n(3) A recognised FVO that is superseded ceases to be a recognised FVO.\n(4) A local FVO that is superseded is revoked.\n(5) An FVO is not superseded to the extent that it relates to a protected\nperson who is not a protected person under the new FVO.\n(6) Accordingly, an FVO continues to be a recognised FVO, and to have\neffect, to the extent that it relates to a person who is not a protected\nperson under the new FVO.\n(7) An FVO made by a police officer does not supersede a comparable\nFVO made by a court (of any jurisdiction).\n\n(8) For this section, an FVO is comparable with another FVO if—\n(a) the FVOs are made against the same respondent; and\n(b) the FVOs are made for the protection of 1 or more of the same\nprotected people.\n","sortOrder":143},{"sectionNumber":"123","sectionType":"section","heading":"Making new orders","content":"123 Making new orders\n(1) Nothing in this part stops a person from applying for, or an issuing\nauthority from making, a local FVO even though there is a recognised\nFVO in force that applies to the same respondent.\n(2) However, a police officer must not apply for a local FVO if the police\nofficer is aware that there is already a recognised FVO that is\nenforceable against the respondent in relation to a protected person\nwhich—\n(a) applies to the same respondent and protected person; and\n(b) was made by a court of any jurisdiction.\nSubdivision 9.2.2 Enforcement of recognised FVOs\n","sortOrder":144},{"sectionNumber":"124","sectionType":"section","heading":"Recognised FVOs and amendments are enforceable","content":"124 Recognised FVOs and amendments are enforceable\nagainst respondent\n(1) A recognised FVO, or a recognised amendment to a recognised FVO,\nis enforceable against the respondent in the ACT.\n(2) A recognised FVO that is a local FVO becomes enforceable against\nthe respondent in the ACT when the respondent is properly notified of\nthe making of the FVO under territory law.\n(3) A recognised FVO that is a non-local FVO (other than a foreign\norder) becomes enforceable against a respondent in the ACT when\nthe respondent is properly notified of the making of the FVO under\nthe law of the jurisdiction in which the FVO was made.\n\n(4) A recognised FVO that is a foreign order becomes enforceable\nagainst a respondent in the ACT from the time it becomes a\nrecognised FVO.\n(5) A recognised amendment to a recognised FVO becomes\nenforceable against the respondent in the ACT when the respondent\nis properly notified of the variation under the law of the jurisdiction in\nwhich the variation is done.\n","sortOrder":145},{"sectionNumber":"125","sectionType":"section","heading":"Contravention of enforceable recognised FVOs","content":"125 Contravention of enforceable recognised FVOs\n(1) A non-local FVO that is a recognised FVO and which is\nenforceable against a respondent in the ACT may be enforced in the\nACT as if—\n(a) it were a local FVO; and\n(b) the respondent had been properly notified of the making of the\nFVO under territory law.\n(2) A recognised amendment to a non-local FVO that is a recognised\nFVO and which is enforceable in the ACT may be enforced in the\nACT as if it were an amendment of a local FVO.\n(3) A recognised amendment to a recognised FVO made in another\njurisdiction that is enforceable against the respondent in the ACT\nmay be enforced as if the respondent had been properly notified of\nthe variation under territory law.\n(4) This section does not affect the operation of the Criminal Code,\npart 2.7 (Geographical application).\nNote 1 The Criminal Code, pt 2.7 extends the application of a territory law that\ncreates an offence beyond the territorial limits of the ACT (and Australia)\nif the required geographical nexus exists for the offence.\nNote 2 If a respondent contravenes a recognised FVO and has been punished for\nthe contravention in another jurisdiction, the respondent is not liable to\nbe punished for the contravention under this Act (see Legislation Act,\ns 191 (2)).\n\nSubdivision 9.2.3 Enforcement of non-local FVOs\n","sortOrder":146},{"sectionNumber":"126","sectionType":"section","heading":"Non-local FVOs to be treated as local FVOs","content":"126 Non-local FVOs to be treated as local FVOs\n(1) A recognised FVO that is a non-local FVO has the same effect in the\nACT as a local FVO.\n(2) A condition imposed by a non-local FVO has the same meaning as\nit would have in the jurisdiction in which the FVO was made, but\nmay be enforced in the ACT as if it were a condition of a local FVO.\n","sortOrder":147},{"sectionNumber":"127","sectionType":"section","heading":"Licences, permits and other authorisations","content":"127 Licences, permits and other authorisations\n(1) A territory law (a relevant law) that restricts the grant of an\nauthorisation, or that authorises or requires an authorisation to be\nsuspended or revoked, if a person is or has been subject to a local FVO\nextends to a person who is or has been subject to any non-local FVO\nthat is a recognised FVO (as if the non-local FVO were a local FVO).\nNote Under s 44 (Firearms licences) a respondent’s firearms licence is\nautomatically suspended or cancelled if a family violence order is made.\n(2) For a relevant law—\n(a) a non-local FVO that is a final FVO must be treated in the same\nway as a local FVO that is a final FVO; and\n(b) a non-local FVO that is an interim FVO must be treated in the\nsame way as a local FVO that is an interim FVO.\nauthorisation includes a licence or permit.\ngrant includes issue.\n\n","sortOrder":148},{"sectionNumber":"128","sectionType":"section","heading":"Recognition of disqualification to hold firearms licence","content":"128 Recognition of disqualification to hold firearms licence\n(1) If a non-local FVO that is a recognised FVO disqualifies a person\nfrom holding a non-local firearms licence, or type of non-local\nfirearms licence, the person is also disqualified from holding a local\nfirearms licence or local firearms licence of the same type (as the case\nrequires).\n(2) If the person is disqualified from holding a non-local firearms licence\nby a recognised FVO, the registrar of firearms must—\n(a) for an interim recognised FVO—suspend any local firearms\nlicence held by the person; and\n(b) for a final recognised FVO—revoke any local firearms licence\nheld by the person; and\n(c) refuse to issue a local firearms licence to the person.\n(3) A recognised FVO disqualifies a person from holding a non-local\nfirearms licence or type of non-local firearms licence if the FVO\nexpressly—\n(a) disqualifies the person from holding a non-local firearms\nlicence or type of non-local firearms licence; or\n(b) revokes or requires the person to surrender a non-local firearms\nlicence or type of non-local firearms licence held by the person.\nlocal firearms licence means a licence, permit or other authorisation\nunder the Firearms Act 1996.\nnon-local firearms licence means a licence, permit or other\nauthorisation to possess a firearm (within the meaning of the\nFirearms Act 1996) issued under the law of another jurisdiction or\ncountry.\n\n","sortOrder":149},{"sectionNumber":"129","sectionType":"section","heading":"Recognition of disqualification to hold prohibited","content":"129 Recognition of disqualification to hold prohibited\nweapons permit\n(1) If a non-local FVO that is a recognised FVO disqualifies a person\nfrom holding a non-local weapons licence or type of non-local\nweapons licence, the person is also disqualified from holding a local\nprohibited weapons permit or local prohibited weapons permit of\nthe same type (as the case requires).\n(2) The registrar of firearms must revoke any local prohibited weapons\npermit held by a person, or refuse to issue a local prohibited weapons\npermit to a person, if the person is disqualified from holding the non-\nlocal weapons licence by a recognised FVO.\n(3) A recognised FVO disqualifies a person from holding a non-local\nweapons licence or type of non-local weapons licence if the FVO\nexpressly—\n(a) disqualifies the person from holding a non-local weapons\nlicence or type of non-local weapons licence; or\n(b) revokes or requires the person to surrender a non-local\nweapons licence or type of non-local weapons licence held by\nthe person.\nlocal prohibited weapons permit means a permit or other\nauthorisation under the Prohibited Weapons Act 1996.\nnon-local weapons licence means a licence, permit or other\nauthorisation to possess a prohibited weapon (within the meaning of\nthe Prohibited Weapons Act 1996) issued under the law of another\njurisdiction or country.\n\n","sortOrder":150},{"sectionNumber":"Div 9","sectionType":"division","heading":"3 Amendment and revocation of recognised non-local FVOs","content":"Division 9.3 Amendment and revocation of recognised non-local FVOs\n","sortOrder":151},{"sectionNumber":"130","sectionType":"section","heading":"Costs—non-local FVO","content":"130 Costs—non-local FVO\n(1) A non-local FVO, to the extent that it requires the payment of\nmoney, cannot be enforced in the ACT.\n(2) The recognition of an FVO made in another jurisdiction does not\nconfer power on an ACT court or tribunal to award costs in relation\nto a proceeding relating to the FVO that occurred in another\n(3) This section does not prevent a court or tribunal awarding costs in\nrelation to a proceeding in the ACT relating to the amendment or\nrevocation of a recognised FVO.\nDivision 9.3 Amendment and revocation of\nrecognised non-local FVOs\n131 Meaning of court—div 9.3\ncourt means an ACT court that has power to make local FVOs.\n132 Power of court to amend or revoke recognised non-local\nFVOs\n(1) A court may amend or revoke a recognised FVO that is a non-local\nFVO in accordance with this division as if the FVO were a local FVO.\n(2) A court cannot amend or revoke a non-local FVO if it is a kind of FVO\nthat cannot be amended or revoked by a court in the jurisdiction in\nwhich the FVO was made.\n(3) An amendment or revocation of a recognised FVO that is done under\nthis division is not limited in its operation to the ACT.\n(4) To remove any doubt, if a court amends a recognised FVO that was\nmade in another jurisdiction, the other jurisdiction continues to be\ntreated, for this part, as the jurisdiction in which the FVO was made.\n\nAmendment and revocation of recognised non-local FVOs Division 9.3\n","sortOrder":152},{"sectionNumber":"133","sectionType":"section","heading":"Application for amendment or revocation of recognised","content":"133 Application for amendment or revocation of recognised\nnon-local FVO\n(1) An application for the amendment or revocation of a recognised FVO\nthat is a non-local FVO may be made to a court as if it were an\napplication for amendment or revocation of a local FVO by any person\nwho would be able to make the application if the FVO were a local\nFVO.\n(2) An application—\n(a) must be made to a court that would have power to hear the\napplication if the FVO were a local FVO; and\n(b) must be made in accordance with any requirement that would\napply if the FVO were a local FVO; and\n(c) may be dealt with (subject to this division) as if the FVO were a\nlocal FVO.\n","sortOrder":153},{"sectionNumber":"134","sectionType":"section","heading":"Decision about hearing of application","content":"134 Decision about hearing of application\n(1) A court that deals with an application for amendment or revocation of\na non-local FVO may decide to hear or not hear the application.\n(2) In making the decision, the court may consider the following matters\n(to the extent relevant):\n(a) the jurisdiction in which the respondent and the protected\nperson under the FVO generally live or are employed;\n(b) any difficulty the party responding to the application may have\nin attending the proceeding;\n(c) whether there is sufficient information available to the court in\nrelation to the FVO and the basis on which it was made;\n(d) whether any proceeding is being taken in relation to an alleged\ncontravention of the FVO and the jurisdiction in which the\nproceeding is being taken;\n\n(e) the practicality of the applicant (if not the respondent under the\nFVO) applying for and obtaining a local FVO against the\nrespondent with similar conditions;\n(f) the impact of the application on any child;\n(g) any other matters the court considers relevant.\n(3) Without limiting the court’s power to not hear an application, the\ncourt may not hear the application if the court is satisfied that there\nhas been no material change in the circumstances on which the making\nof the order was based and that the application is in the nature of an\nappeal against the order.\n(4) For the purpose of exercising its functions under this division, a court\nmay have regard to any information that the court considers relevant\nabout the making or amendment of an FVO that is provided by an\nissuing authority of any other jurisdiction.\nNote Div 9.4 enables the court to obtain information about FVOs from other\njurisdictions.\n(5) A court must refuse to hear an application for amendment or\nrevocation made by the respondent during any period in which, under\nthe law of the issuing jurisdiction for the FVO, the respondent is not\nentitled to apply for the amendment or revocation of the FVO in the\nissuing jurisdiction.\n","sortOrder":154},{"sectionNumber":"134A","sectionType":"section","heading":"Applications for registration of foreign orders","content":"134A Applications for registration of foreign orders\n(1) A person may apply to the registrar for registration of a foreign order.\n(2) The application must be accompanied by the foreign order or a\ncertified copy of the order.\n\nExchange of information Division 9.4\n","sortOrder":155},{"sectionNumber":"134B","sectionType":"section","heading":"Registration of foreign orders","content":"134B Registration of foreign orders\n(1) On receiving an application under section 134A, the registrar must\nregister the foreign order.\n(2) If the registrar registers a foreign order, the registrar must—\n(a) give the chief police officer a copy of—\n(i) the application for registration; and\n(ii) the foreign order; and\n(b) tell the court that made the foreign order, in writing, that the\norder has been registered.\nDivision 9.4 Exchange of information\n","sortOrder":156},{"sectionNumber":"135","sectionType":"section","heading":"Issuing authorities may obtain FVO information","content":"135 Issuing authorities may obtain FVO information\nAn ACT issuing authority may obtain information about an FVO\nfrom an issuing authority of another jurisdiction, or from a local or\ninterstate law enforcement agency, and use that information for the\npurpose of exercising its functions under this part.\n","sortOrder":157},{"sectionNumber":"136","sectionType":"section","heading":"Issuing authorities must provide FVO information","content":"136 Issuing authorities must provide FVO information\n(1) An ACT issuing authority that makes, amends or revokes an FVO\nmust provide to a court of any other participating jurisdiction any\ninformation about the FVO that the court reasonably requests for the\npurpose of exercising its functions under a corresponding law.\n(2) An ACT issuing authority that makes, amends or revokes an FVO\nmust provide to a local or interstate law enforcement agency any\ninformation about the FVO that the law enforcement agency\nreasonably requests for the purpose of exercising its law enforcement\nfunctions.\n\n","sortOrder":158},{"sectionNumber":"137","sectionType":"section","heading":"Law enforcement agencies may obtain FVO information","content":"137 Law enforcement agencies may obtain FVO information\nA local law enforcement agency may obtain information about an\nFVO from an issuing authority of this or another jurisdiction, or from\nan interstate law enforcement agency, and use that information for\nthe purpose of exercising its law enforcement functions.\n","sortOrder":159},{"sectionNumber":"138","sectionType":"section","heading":"Information to be provided to law enforcement agencies","content":"138 Information to be provided to law enforcement agencies\nA local law enforcement agency must provide to an interstate law\nenforcement agency any information it holds about an FVO that the\ninterstate law enforcement agency reasonably requests for the\npurpose of exercising its law enforcement functions.\n","sortOrder":160},{"sectionNumber":"139","sectionType":"section","heading":"Certificate evidence—notification","content":"139 Certificate evidence—notification\n(1) An authorised officer for the ACT may issue a certificate in writing\ncertifying any of the following matters:\n(a) that the making of a local FVO has been properly notified under\nterritory law;\n(b) that an amendment of an FVO that was done in the ACT has\nbeen properly notified under the territory law.\nNote Under the Electronic Transactions Act 2001, s 8 (1) a certificate may be\ngiven electronically in certain circumstances.\n(2) The certificate is admissible in evidence in a proceeding and is\nevidence of the matters certified.\n(3) A certificate in writing purporting to be signed by an authorised\nofficer of another jurisdiction and certifying any of the following\nmatters is admissible in evidence in a proceeding and is evidence of\nthe matters certified:\n(a) that the making of an FVO in that jurisdiction has been properly\nnotified under the law of that jurisdiction;\n\n(b) that an amendment of an FVO that was done in that jurisdiction\nhas been properly notified under the law of that jurisdiction.\n(4) In a document, the words ‘authorised officer’ after a signature are\nevidence that the person whose signature it purports to be is in fact an\nauthorised officer.\n(5) In this section:\nauthorised officer—\n(a) of another jurisdiction, means a person (whether or not\ndesignated as an authorised officer) who is authorised under the\nlaw of another jurisdiction to issue a certificate certifying that\nthe making or amendment of an FVO has been properly notified\nunder the law of that jurisdiction; and\n(b) for the ACT, means—\n(i) a registrar of an ACT court; or\n(ii) a police officer for the ACT of or above the rank of sergeant.\nDivision 9.6 Application of pt 9—existing\nprotection orders\nSubdivision 9.6.1 Preliminary\n140 Meaning of commencement day—div 9.6\ncommencement day means the day this part commences.\n141 Enforcement of FVOs under other provisions\n(1) This part does not affect the enforceability in the ACT, otherwise than\nunder this part, of—\n(a) any local FVO made before the commencement day; or\n\n(b) any interstate FVO or foreign order registered in the ACT,\nbefore the commencement day, under the Domestic Violence\nand Protection Orders Act 2008 (repealed), part 12 (Reciprocal\narrangements).\n(2) However, an FVO made in the ACT before the commencement day\ncan be superseded under section 122 (Recognised FVO prevails over\nearlier comparable FVOs), on or after the commencement day, by a\nrecognised FVO that is made later.\nSubdivision 9.6.2 FVOs to which scheme applies\n142 FVOs made in the ACT\nDivision 9.2 applies to any local FVO or foreign FVO that is made\nin the ACT on or after the day the Crimes (Domestic and Personal\nViolence) Amendment (National Domestic Violence Orders\nRecognition) Act 2016 (NSW) commences.\n","sortOrder":161},{"sectionNumber":"143","sectionType":"section","heading":"FVOs made in other jurisdictions","content":"143 FVOs made in other jurisdictions\n(1) Division 9.2 applies to an FVO made in another participating\njurisdiction that is a recognised FVO in that jurisdiction under the\ncorresponding law for that jurisdiction.\n(2) To remove any doubt, section 119 (Recognition of FVOs) extends to\nthe following FVOs:\n(a) any interstate FVO that was made in another participating\njurisdiction before the commencement day that is a recognised\nFVO in that jurisdiction;\n(b) any foreign order that became a registered foreign order in\nanother participating jurisdiction before the commencement day\nthat is a recognised FVO in that jurisdiction.\n\n(3) Section 120 and section 121 extend to any amendment or revocation\nof an FVO mentioned in subsection (2), that was done in a\nparticipating jurisdiction before the commencement day, as if the\nFVO were a recognised FVO.\n(4) However, a non-local FVO, and any amendment of a non-local FVO,\ndoes not become enforceable against the respondent in the ACT,\nunder this part, until the commencement day (even if the making of\nthe FVO, or amendment, was properly notified before that date).\nSubdivision 9.6.3 Extension of scheme to older FVOs\n","sortOrder":162},{"sectionNumber":"144","sectionType":"section","heading":"FVOs declared to be recognised FVOs","content":"144 FVOs declared to be recognised FVOs\n(1) Each of the following FVOs is also taken to be a recognised FVO:\n(a) an FVO that is declared by a registrar of the Magistrates Court\nto be a recognised FVO in the ACT under subdivision 9.6.4;\n(b) an FVO that is declared by a registrar of a court of another\nparticipating jurisdiction to be a recognised FVO in that\njurisdiction under a corresponding law.\n(2) A recognised FVO mentioned in subsection (1) becomes\nenforceable against the respondent in the ACT, under this part, when\nthe declaration is made (despite section 124).\n","sortOrder":163},{"sectionNumber":"145","sectionType":"section","heading":"FVOs declared to be recognised in other jurisdictions","content":"145 FVOs declared to be recognised in other jurisdictions\nbefore commencement day\n(1) To avoid any doubt, section 144 extends to an FVO declared by a\nregistrar of a court of another participating jurisdiction to be a\nrecognised FVO before the commencement day.\n(2) Section 120 and section 121 extend to any amendment or revocation\nof an FVO mentioned in subsection (1), that was done in a\nparticipating jurisdiction before the commencement day, as if the\nFVO were a recognised FVO.\n\n(3) However, the FVO, and any amendment of the FVO, does not\nbecome enforceable against the respondent in the ACT, under this\npart, until the commencement day.\nSubdivision 9.6.4 Power to declare FVO to be recognised\n","sortOrder":164},{"sectionNumber":"146","sectionType":"section","heading":"Power to declare FVO to be recognised","content":"146 Power to declare FVO to be recognised\n(1) The registrar of the Magistrates Court may, by order, declare an\nFVO made in any jurisdiction to be a recognised FVO in this\n(2) A declaration may be made in relation to an FVO made in any\njurisdiction that is in force in the issuing jurisdiction and is not a\nrecognised FVO in the ACT.\n(3) The jurisdiction in which the FVO was made does not have to be a\nparticipating jurisdiction.\n(4) The registrar must make a declaration under this section if an\napplication for the declaration is made in accordance with this\nsubdivision, unless the registrar decides to refuse to make the\ndeclaration in the interests of justice.\n(5) Without limiting subsection (4), the registrar may refuse to make the\ndeclaration if the registrar is not satisfied that the respondent has\nbeen properly notified of the making of the FVO under the law of\nthe jurisdiction in which the FVO was made.\nNote Under s 144, the FVO becomes enforceable against the respondent when\nthe declaration is made. Notice of the declaration is not to be served on\nthe respondent unless the person making the application consents to\nservice.\n(6) However, the registrar cannot declare a general violence order to be a\nrecognised FVO in the ACT.\n\n(7) Notice of a declaration is not to be served on the respondent unless\nthe person who makes the application consents to service.\nNote Under s 118, a foreign order is taken to be made in any jurisdiction in\nwhich it is registered as a registered foreign order. Accordingly, this\nsection extends to registered foreign orders.\n","sortOrder":165},{"sectionNumber":"147","sectionType":"section","heading":"Application for order","content":"147 Application for order\n(1) An application for a declaration that an FVO is a recognised FVO in\nthe ACT may be made by any person who would be able to make an\napplication for an amendment of the FVO if the FVO were a\nrecognised FVO.\n(2) The application must—\n(a) be made in a form approved by the registrar of the Magistrates\nCourt; and\n(b) be accompanied by any information or evidence the registrar\nrequires.\nNote It is only necessary to make an application in one participating\njurisdiction. Under s 144, once a declaration is made in any participating\njurisdiction the FVO will be treated as a recognised FVO in all\nparticipating jurisdictions.\n","sortOrder":166},{"sectionNumber":"148","sectionType":"section","heading":"Functions of registrar may be exercised by court","content":"148 Functions of registrar may be exercised by court\nA court with power to make a local FVO may exercise any of the\nfunctions of the registrar of the Magistrates Court under this\nsubdivision.\n\n","sortOrder":167},{"sectionNumber":"149","sectionType":"section","heading":"Publication of reports about proceedings—offence","content":"149 Publication of reports about proceedings—offence\n(1) A person commits an offence if—\n(a) the person publishes (completely or partly) an account or report\nof a proceeding for a family violence order; and\n(b) the account or report—\n(i) identifies a party to the proceeding; or\n(ii) identifies a person who is related to, or associated with, a\nparty to the proceeding or is, or is claimed to be, in any\nother way concerned in the matter to which the proceeding\nrelates; or\n(iii) identifies a witness to the proceeding; or\n(iv) allows the identity of a person mentioned in\nsubparagraph (i), (ii) or (iii) to be worked out.\nMaximum penalty: 10 penalty units.\nNote It is an offence under the Criminal Code, s 712A for a person to publish\ninformation that identifies someone else as a person who is or was a child\nor young person in a proceeding under this Act.\nproceeding, for a family violence order, includes a proceeding in\nrelation to a declaration under section 116 (Meaning of family\nviolence concern—pt 9).\npublish means communicate or distribute information in a way or to\nan extent that makes it available to, or likely to come to the notice of,\nthe public or a section of the public or anyone else not lawfully\nentitled to the information.\n\nMiscellaneous Part 10\nOther matters Division 10.2\n","sortOrder":168},{"sectionNumber":"150","sectionType":"section","heading":"Publication of reports about proceedings—exceptions to","content":"150 Publication of reports about proceedings—exceptions to\noffence\n(1) Section 149 does not prevent—\n(a) a party to a proceeding for a family violence order from—\n(i) telling someone else about the contents of an order made\nin the proceeding; or\n(ii) giving someone else a copy of the order; or\n(b) the publication of an account or report of a proceeding for a\nfamily violence order if the publication is a permitted\npublication about proceedings mentioned in schedule 1,\nsection 1.2.\n(2) A court may make an order allowing circulation of, or may permit the\ncirculation of, information the publication of which would otherwise\ncontravene section 149 only if satisfied that—\n(a) it is in the public interest; or\n(b) it will promote compliance with the family violence order; or\n(c) it is necessary for the proper operation of this Act.\n","sortOrder":169},{"sectionNumber":"151","sectionType":"section","heading":"Deciding application if criminal proceedings","content":"151 Deciding application if criminal proceedings\nThe power of a court or judicial officer to make, amend or revoke a\nfamily violence order in relation to a person may be exercised even if\nthe person has been charged with, or convicted or found guilty of, an\noffence arising out of the same conduct as that out of which the\napplication for the order arose.\nNote If the Magistrates Court is making an interim order and there is a related\ncharge outstanding in relation to the respondent, the court must make a\nspecial interim order (see s 22 (1) (a)).\n\n","sortOrder":170},{"sectionNumber":"152","sectionType":"section","heading":"Criminal and civil liability not affected by family violence","content":"152 Criminal and civil liability not affected by family violence\nThe making, amendment or revocation of a family violence order\ndoes not, except as provided by this Act, affect the civil or criminal\nliability of the respondent in relation to the same conduct as that out\nof which the application for the order arose.\n","sortOrder":171},{"sectionNumber":"153","sectionType":"section","heading":"Crimes Act, s 397 (1)","content":"153 Crimes Act, s 397 (1)\nThis Act does not affect the operation of the Crimes Act 1900,\nsection 397 (1) (which deals with the making of recognisances to\nkeep the peace).\n","sortOrder":172},{"sectionNumber":"154","sectionType":"section","heading":"Working out time if less than 5 days","content":"154 Working out time if less than 5 days\nIf a period of less than 5 days is prescribed under this Act, the period\nis to be worked out ignoring any day when the Magistrates Court is\nnot open for business.\n","sortOrder":173},{"sectionNumber":"155","sectionType":"section","heading":"Regulation-making power","content":"155 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n\nMiscellaneous Part 10\nOther matters Division 10.2\n","sortOrder":174},{"sectionNumber":"156","sectionType":"section","heading":"Review of Act","content":"156 Review of Act\n(1) The Minister must—\n(a) review the operation and effectiveness of this Act as soon as\npracticable after the end of 3 years after this section commences;\nand\n(b) present a report of the review to the Legislative Assembly before\nthe end of 4 years after this section commences.\n(2) This section expires 5 years after the day it commences.\n\n","sortOrder":175},{"sectionNumber":"Part 23","sectionType":"part","heading":"Transitional—Justice (Age of","content":"Part 23 Transitional—Justice (Age of\nCriminal Responsibility)\nLegislation Amendment Act 2023\n211 Definitions—pt 23\nchild respondent means—\n(a) a child who is under 12 years old and a respondent in a\nproceeding for a protection order; or\n(b) a child against whom a family violence order was made when\nthe child was under 12 years old.\ncommencement day means the day the Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023, section 108\ncommences.\n212 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of the Justice\n(Age of Criminal Responsibility) Legislation Amendment Act 2023.\n(2) A regulation may modify this part (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this part.\n(3) A regulation under subsection (2) has effect despite anything\nelsewhere in this Act.\n\nEnding action etc for family violence orders Division 23.2\n","sortOrder":176},{"sectionNumber":"213","sectionType":"section","heading":"Expiry—pt 23","content":"213 Expiry—pt 23\nThis part expires 5 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n","sortOrder":177},{"sectionNumber":"Div 23","sectionType":"division","heading":"2 Ending action etc for family violence","content":"Division 23.2 Ending action etc for family violence\n","sortOrder":178},{"sectionNumber":"214","sectionType":"section","heading":"Application—div 23.2","content":"214 Application—div 23.2\nThis division applies, despite any territory law to the contrary, to a\nchild respondent.\n","sortOrder":179},{"sectionNumber":"215","sectionType":"section","heading":"Enforcement action","content":"215 Enforcement action\n(1) Enforcement action carried out by a police officer before the\ncommencement day in a proceeding for a family violence order\nagainst a child respondent ends on the commencement day.\n(2) If the enforcement action that ends under subsection (1) is arrest or\npolice custody, the chief police officer must ensure that reasonable\nsteps are taken to ensure the safety of the child respondent on the\nrespondent’s release from arrest or custody.\nenforcement action means any of the following:\n(a) execution of a warrant;\n(b) arrest;\n(c) police custody.\npolice custody includes detention under section 105 (After-hours\norders—detention of person against whom order sought).\n\nDivision 23.2 Ending action etc for family violence orders\n","sortOrder":180},{"sectionNumber":"216","sectionType":"section","heading":"Family violence order procedures, proceedings etc","content":"216 Family violence order procedures, proceedings etc\n(1) Each of the following is discontinued and ceases to have effect on the\ncommencement day:\n(a) an application under section 16 for a protection order against a\nchild respondent;\n(b) an application under section 83 for amendment of a protection\norder against a child respondent;\n(c) an application—\n(i) under section 87 for review of a special interim order\nagainst a child respondent; or\n(ii) under section 89 for review of a final order against a child\n(d) an application under section 91 for review of a consent order\nagainst a child respondent;\n(e) an application under section 101 for an after-hours order against\na child respondent;\n(f) an application under section 133 for the amendment or\nrevocation of a recognised FVO made against a child\n(g) an application under section 134A for registration of a foreign\norder made against a child respondent;\n(h) an application under section 147 that an FVO made against a\nchild respondent is a recognised FVO in the ACT.\n(2) A warrant issued under section 54 for a child respondent is revoked\nand ceases to have effect on the commencement day.\n(3) If a child respondent is detained under section 105 (After-hours\norders—detention of person against whom order sought)—the section\nceases to apply and the child respondent is entitled to be at liberty on\nthe commencement day.\n\nValidity of past family violence order action Division 23.3\n(4) Each of the following is discontinued on the commencement day:\n(a) a proceeding for a protection order against a child respondent;\n(b) a proceeding for an appeal against an appealable decision\ninvolving a child respondent.\n(5) A recognised FVO made against a child respondent is revoked on the\ncommencement day.\nDivision 23.3 Validity of past family violence order\naction\n","sortOrder":181},{"sectionNumber":"217","sectionType":"section","heading":"Meaning of family violence order action—div 23.3","content":"217 Meaning of family violence order action—div 23.3\nfamily violence order action, in relation to a child respondent,\nincludes any of the following:\n(a) making an application mentioned in section 216 (1);\n(b) arresting or detaining the respondent under this Act;\n(c) making, amending or revoking a family violence order against\nthe respondent;\n(d) administering or enforcing a family violence order against the\n(e) making or enforcing a requirement for a person to pay costs in\nrelation to a proceeding for a family violence order against the\n\nDivision 23.3 Validity of past family violence order action\n","sortOrder":182},{"sectionNumber":"218","sectionType":"section","heading":"Past lawful acts not affected","content":"218 Past lawful acts not affected\nThe commencement of the Justice (Age of Criminal Responsibility)\nLegislation Amendment Act 2023 does not affect the validity of\nfamily violence order action in relation to a child respondent done\nunder a territory law before the commencement day.\n","sortOrder":183},{"sectionNumber":"219","sectionType":"section","heading":"Protection from liability","content":"219 Protection from liability\n(1) A person is not personally liable for any family violence order action\nin relation to a child respondent done or omitted to be done honestly\nand without recklessness before the commencement day—\n(a) in the exercise of a function under a territory law; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under a territory law.\n(2) Any liability that, apart from subsection (1), would attach to a person\nattaches instead to the Territory.\n","sortOrder":184},{"sectionNumber":"220","sectionType":"section","heading":"No entitlement to compensation etc","content":"220 No entitlement to compensation etc\nA child respondent to a proceeding for a family violence order begun\nbefore the commencement day is not, because of the enactment of the\nAct 2023, entitled to compensation or damages as a result of any\nfamily violence order action in the proceeding.\n\nGeneral Division 24.1\n","sortOrder":185},{"sectionNumber":"Part 24","sectionType":"part","heading":"Transitional—Justice (Age of","content":"Part 24 Transitional—Justice (Age of\nCriminal Responsibility)\nLegislation Amendment Act 2023\n","sortOrder":186},{"sectionNumber":"Div 24","sectionType":"division","heading":"1 General","content":"Division 24.1 General\n","sortOrder":187},{"sectionNumber":"221","sectionType":"section","heading":"Definitions—pt 24","content":"221 Definitions—pt 24\nchild respondent means—\n(a) a child who is under 14 years old and a respondent in a\nproceeding for a protection order; or\n(b) a child against whom a family violence order was made when\nthe child was under 14 years old.\ncommencement day means the day the Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023, section 109\ncommences.\n","sortOrder":188},{"sectionNumber":"222","sectionType":"section","heading":"Transitional regulations","content":"222 Transitional regulations\n(1) A regulation may prescribe transitional matters necessary or\nconvenient to be prescribed because of the enactment of the Justice\n(Age of Criminal Responsibility) Legislation Amendment Act 2023.\n(2) A regulation may modify this part (including in relation to another\nterritory law) to make provision in relation to anything that, in the\nExecutive’s opinion, is not, or is not adequately or appropriately,\ndealt with in this part.\n(3) A regulation under subsection (2) has effect despite anything\nelsewhere in this Act.\n\nPart 24 Transitional—Justice (Age of Criminal Responsibility) Legislation\nDivision 24.2 Ending action etc for family violence orders\n223 Expiry—pt 24\nThis part expires 5 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\nDivision 24.2 Ending action etc for family violence\n","sortOrder":189},{"sectionNumber":"224","sectionType":"section","heading":"Application—div 24.2","content":"224 Application—div 24.2\nThis division applies, despite any territory law to the contrary, to a\nchild respondent.\n","sortOrder":190},{"sectionNumber":"225","sectionType":"section","heading":"Enforcement action","content":"225 Enforcement action\n(1) Enforcement action carried out by a police officer before the\ncommencement day in a proceeding for a family violence order\nagainst a child respondent ends on the commencement day.\n(2) If the enforcement action that ends under subsection (1) is arrest or\npolice custody, the chief police officer must ensure that reasonable\nsteps are taken to ensure the safety of the child respondent on the\nrespondent’s release from arrest or custody.\nenforcement action means any of the following:\n(a) execution of a warrant;\n(b) arrest;\n(c) police custody.\npolice custody includes detention under section 105 (After-hours\norders—detention of person against whom order sought).\n\nEnding action etc for family violence orders Division 24.2\n","sortOrder":191},{"sectionNumber":"226","sectionType":"section","heading":"Family violence order procedures, proceedings etc","content":"226 Family violence order procedures, proceedings etc\n(1) Each of the following is discontinued and ceases to have effect on the\ncommencement day:\n(a) an application under section 16 for a protection order against a\nchild respondent;\n(b) an application under section 83 for amendment of a protection\norder against a child respondent;\n(c) an application—\n(i) under section 87 for review of a special interim order\nagainst a child respondent; or\n(ii) under section 89 for review of a final order against a child\n(d) an application under section 91 for review of a consent order\nagainst a child respondent;\n(e) an application under section 101 for an after-hours order against\na child respondent;\n(f) an application under section 133 for the amendment or\nrevocation of a recognised FVO made against a child\n(g) an application under section 134A for registration of a foreign\norder made against a child respondent;\n(h) an application under section 147 that an FVO made against a\nchild respondent is a recognised FVO in the ACT.\n(2) A warrant issued under section 54 for a child respondent is revoked\nand ceases to have effect on the commencement day.\n(3) If a child respondent is detained under section 105 (After-hours\norders—detention of person against whom order sought)—the section\nceases to apply and the child respondent is entitled to be at liberty on\nthe commencement day.\n\nPart 24 Transitional—Justice (Age of Criminal Responsibility) Legislation\nDivision 24.3 Validity of past family violence order action\n(4) Each of the following is discontinued on the commencement day:\n(a) a proceeding for a protection order against a child respondent;\n(b) a proceeding for an appeal against an appealable decision\ninvolving a child respondent.\n(5) A recognised FVO made against a child respondent is revoked on the\ncommencement day.\nDivision 24.3 Validity of past family violence order\naction\n","sortOrder":192},{"sectionNumber":"227","sectionType":"section","heading":"Meaning of family violence order action—div 24.3","content":"227 Meaning of family violence order action—div 24.3\nfamily violence order action, in relation to a child respondent,\nincludes any of the following:\n(a) making an application mentioned in section 226 (1);\n(b) arresting or detaining the respondent under this Act;\n(c) making, amending or revoking a family violence order against\nthe respondent;\n(d) administering or enforcing a family violence order against the\n(e) making or enforcing a requirement for a person to pay costs in\nrelation to a proceeding for a family violence order against the\n\nValidity of past family violence order action Division 24.3\n","sortOrder":193},{"sectionNumber":"228","sectionType":"section","heading":"Past lawful acts not affected","content":"228 Past lawful acts not affected\nThe commencement of the Justice (Age of Criminal Responsibility)\nLegislation Amendment Act 2023 does not affect the validity of\nfamily violence order action in relation to a child respondent done\nunder a territory law before the commencement day.\n","sortOrder":194},{"sectionNumber":"229","sectionType":"section","heading":"Protection from liability","content":"229 Protection from liability\n(1) A person is not personally liable for any family violence order action\nin relation to a child respondent done or omitted to be done honestly\nand without recklessness before the commencement day—\n(a) in the exercise of a function under a territory law; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under a territory law.\n(2) Any liability that, apart from subsection (1), would attach to a person\nattaches instead to the Territory.\n","sortOrder":195},{"sectionNumber":"230","sectionType":"section","heading":"No entitlement to compensation etc","content":"230 No entitlement to compensation etc\nA child respondent to a proceeding for a family violence order begun\nbefore the commencement day is not, because of the enactment of the\nAct 2023, entitled to compensation or damages as a result of any\nfamily violence order action in the proceeding.\n\n","sortOrder":196},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Permitted publication about proceedings","content":"Schedule 1 Permitted publication about proceedings\nSection 1.1\nSchedule 1 Permitted publication about\nproceedings\n(see s 150 (1) (b))\n1.1 Definitions—sch 1\nIn this schedule:\nauthorised person under the Children and Young People Act 2008—\nsee the Children and Young People Act 2008, section 26.\ncare and protection chapters—see the Children and Young People\nAct 2008, section 336.\n1.2 Permitted publication about proceedings\nTable 1.2\ncolumn 1\nitem\ncolumn 2\npermitted publication about proceedings\n1 information circulated in accordance with—\n(a) an order of the Magistrates Court; or\n(b) the written permission of a magistrate\n2 information communicated to a court or tribunal under the Family Law\nAct 1975 (Cwlth), section 60CF (1) or (2) (Informing court of relevant family\nviolence orders)\n3 information given to a criminal justice entity under the Crimes (Sentencing)\nAct 2005, section 136 (Information exchanges between criminal justice\nentities)\n4 information given to the director-general in relation to the exercise of the\ndirector-general’s functions\n5 information given to the director-general responsible for, or an authorised\nperson under, the Children and Young People Act 2008 to allow the\ndirector-general to exercise the director-general’s powers under the care and\nprotection chapters of that Act\n\nPermitted publication about proceedings Schedule 1\nSection 1.2\ncolumn 1\nitem\ncolumn 2\npermitted publication about proceedings\n6 information given to the public advocate in relation to the exercise of the public\nadvocate’s functions\n7 a pleading, transcript of evidence or other document communicated to—\n(a) people concerned with any other proceeding in a court or tribunal for\nuse in relation to that proceeding; or\n(b) people concerned with the disciplinary proceeding of a lawyer, for use\nin relation to that proceeding; or\n(c) an entity that grants legal aid, to help decide whether to provide legal\naid in a particular case\n8 a matter published in law reports or other technical or professional publications\n9 a matter given to someone in relation to the person’s professional practice\n10 information about a party to a proceeding, or a family violence order made in\nthe proceeding, communicated to another person, with the party’s permission,\nfor the purpose of organising the party’s personal affairs\n11 information given to a law enforcement agency under section 138 (Information\nto be provided to law enforcement agencies)\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• adult\n• breach\n• chief police officer\n• child\n• civil union\n• civil union partner\n• contravene\n• director of public prosecutions\n• domestic partner (see s 169)\n• found guilty\n• lawyer\n• magistrate\n• Magistrates Court\n• may (see s 146)\n• must (see s 146)\n• parent\n• police officer\n• proceeding\n• public advocate\n• registrar\n• registrar of firearms\n• Supreme Court.\naffected person means a person against whom family violence has\nbeen, or is likely to be, committed.\n(see s 8 (1), def family violence, par (b)).\nafter-hours order means an order made under section 102, and\nincludes an order amending or revoking an after-hours order.\n\namend, a family violence order, includes amend the order by—\n(a) adding further conditions, prohibitions or restrictions to the\norder or amending or deleting conditions, prohibitions or\nrestrictions; or\n(b) extending or reducing the period for which the order remains in\nforce.\nammunition—see the Firearms Act 1996, dictionary.\nappealable decision means a decision mentioned in section 92.\napplication, for a protection order, means an application for a final\nNote 1 The court may make an interim order on an application for a final order\n(see s 20). No separate application for an interim order is required.\nNote 2 As a protection order includes an order amending a protection order (see\ndef protection order), an application for a protection order includes an\napplication to amend a protection order.\nauthorised person, for schedule 1 (Permitted publication about\nproceedings)—see the Children and Young People Act 2008,\nsection 26.\nbusiness hours, of the Magistrates Court, for part 7 (After-hours\norders)—see section 98.\ncare and protection chapters, for schedule 1 (Permitted publication\nabout proceedings)—see the Children and Young People Act 2008,\nsection 336.\nchild, of a person, includes—\n(a) a child who normally lives with the person; and\n(b) a child for whom the person is a guardian.\nNote A child is someone under 18 years old (see Legislation Act, dict, pt 1).\ncommencement day, for division 9.6 (Application of pt 9—existing\nprotection orders)—see section 140.\nconsent order means a protection order made under section 33.\n\ncopy, in relation to a document to be served in a proceeding, means—\n(a) if the document has been entered into the record of the\nMagistrates Court—a true copy sealed or stamped with the seal\nof the court; or\n(b) in any other case—a true copy.\ncorresponding law, for part 9 (National recognition of FVOs)—see\ncourt, for division 9.3 (Amendment and revocation of recognised\nnon-local FVOs)—see section 131.\ndisability guardian, of a person—see the Guardianship and\nManagement of Property Act 1991, dictionary, definition of\nguardian.\nfamily member, of a person—see section 9.\nfamily violence—see section 8.\nfamily violence concern, for part 9 (National recognition of FVOs)—\nsee section 116.\nfamily violence offence—an offence is a family violence offence if\nthe conduct making up the offence is family violence.\nfamily violence order means—\n(a) for this Act generally—\n(i) a protection order; or\n(ii) an after-hours order; and\n(b) for part 9 (National recognition of FVOs)—see section 115.\nfamily violence proceeding, for part 8 (Court-initiated actions)—see\nsection 111.\nfinal FVO, for part 9 (National recognition of FVOs)—see\n\nfinalised—an outstanding related charge is finalised if—\n(a) the charge is withdrawn; or\n(b) the director of public prosecutions declines to proceed further\nwith the prosecution of the offences and causes it to be brought\nto an end; or\n(c) the charge is dismissed by a court; or\n(d) the person is discharged by a court following a committal\nhearing; or\n(e) the person is acquitted, convicted or found guilty by a court of\nthe offence.\nfinal order means a protection order that is not an interim order or\nafter-hours order, and includes an order amending a final order.\nfirearm—see the Firearms Act 1996, section 6.\nfirearms licence—see the Firearms Act 1996, dictionary, definition\nof licence.\nforeign order, for part 9 (National recognition of FVOs)—see\nFVO, for part 9 (National recognition of FVOs)—see section 115.\ngeneral interim order—\n(a) means a protection order (including a consent order) made under\nsection 22 (Interim orders—general interim orders and special\ninterim orders); and\n(b) includes an order (other than a final order) that amends or\nrevokes a general interim order.\ngeneral violence order, for part 9 (National recognition of FVOs)—\nsee section 115.\nimpaired decision-making ability—see section 74.\n\ninterim FVO, for part 9 (National recognition of FVOs)—see\ninterim order means—\n(a) a general interim order; or\n(b) a special interim order.\ninterstate FVO, for part 9 (National recognition of FVOs)—see\ninterstate law enforcement agency, for part 9 (National recognition\nof FVOs)—see section 115.\nissuing authority, for part 9 (National recognition of FVOs)—see\nissuing jurisdiction, for part 9 (National recognition of FVOs)—see\njudicial officer means any of the following:\n(a) a magistrate;\n(b) if a territory law provides for the exercise of the Magistrates\nCourt’s jurisdiction by the registrar—the registrar;\n(c) if a territory law provides for the exercise of the Magistrates\nCourt’s jurisdiction by a deputy registrar—a deputy registrar.\nNote The Court Procedures Rules 2006 may provide for the jurisdiction of the\nMagistrates Court otherwise exercisable by a magistrate to be exercised\nby the registrar or deputy registrar, in the cases and subject to the\nconditions prescribed under the rules (see Magistrates Court Act 1930,\ns 4 (4)).\njurisdiction, for part 9 (National recognition of FVOs)—see\nlitigation guardian, of a person, means a person appointed in\naccordance with section 78.\nlocal FVO, for part 9 (National recognition of FVOs)—see\n\nlocal law enforcement agency, for part 9 (National recognition of\nFVOs)—see section 115.\nmake, for part 9 (National recognition of FVOs)—see section 115.\nNew Zealand FVO, for part 9 (National recognition of FVOs)—see\nnon-local FVO, for part 9 (National recognition of FVOs)—see\noutstanding—a charge against a person for an offence is outstanding\nuntil the charge is finally dealt with in any of the following ways:\n(a) the charge is withdrawn;\n(b) the charge is dismissed by a court;\n(c) the person is discharged by a court following a committal\nhearing;\n(d) the person is acquitted, convicted or found guilty by a court of\nthe offence.\nparticipating jurisdiction, for part 9 (National recognition of\nFVOs)—see section 115.\npersonal violence—see the Personal Violence Act 2016, section 8.\nproceeding, for a family violence order, means—\n(a) a proceeding for a protection order; or\nNote As a protection order includes an order amending a protection order\n(see def protection order), a proceeding for a protection order\nincludes a proceeding to amend the order.\n(b) a proceeding to amend or revoke an after-hours order; or\n(c) a proceeding to review a family violence order under part 6; or\n(d) for part 8 (Court-initiated actions)—the family violence\nproceeding to the extent that the proceeding relates to the\nexercise of jurisdiction under this Act.\n\nproperly notified, for part 9 (National recognition of FVOs)—see\nsection 117.\nprotection order—\n(a) means—\n(i) an interim order; or\n(ii) a final order; and\n(b) includes—\n(i) an order about the seizure of a firearms licence, firearm or\nammunition; and\n(ii) an order amending a protection order, including an order\nfor a provisional amendment under section 82B or a\ntemporary amendment under section 84.\nprotected person means the person protected under a family violence\nrecognised amendment, for part 9 (National recognition of FVOs)—\nsee section 120.\nrecognised FVO, for part 9 (National recognition of FVOs)—see\nsection 119 and section 144.\nregistered foreign order, for part 9 (National recognition of FVOs)—\nsee section 115.\nrelated—a charge against a person for an offence is related to an\napplication for a final order and, if an interim order is made on the\napplication, an interim order if—\n(a) the person charged is—\n(i) the respondent to the application; and\n(ii) a family member of the affected person; and\n(b) the offence is against the affected person.\n\nrespondent means—\n(a) a person in relation to whom an application for a family violence\norder has been made; or\n(b) a person against whom a family violence order has been made;\nor\n(c) for part 8 (Court-initiated actions)—the defendant in the family\nviolence proceeding.\nreturn date, for an application for a protection order or review of a\nprotection order, means the day fixed by the Magistrates Court for\nreturn of the application before the court.\nreturned, in relation to an application for a protection order, for\ndivision 4.2A (Non-attendance by party)—see section 52.\nrevoke includes cancel.\nspecial interim order—\n(a) means a protection order (including a consent order) made under\nsection 22 (Interim orders—general interim orders and special\ninterim orders); and\n(b) includes an order (other than a final order) that amends or\nrevokes a special interim order.\nNote An interim order made by a court under pt 8 (Court-initiated actions) is\ntaken to be a special interim order (see s 113).\ntiming notice, for a preliminary conference—see section 45.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nFamily Violence Act 2016 A2016-42\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\npt 9 (ss 115-148), s 200, dict defs corresponding law, family\nviolence concern, family violence order paragraph (b), final FVO,\nforeign order, FVO, general violence order, interim FVO, interstate\nFVO, interstate law enforcement agency, issuing authority,\nissuing jurisdiction, jurisdiction, local FVO, local law enforcement\nagency, make, New Zealand FVO, non-local FVO, participating\njurisdiction, properly notified, recognised amendment, recognised\nFVO, registered foreign order commenced 18 August 2017 (s 2 (3)\nas am by A2017-10 s 7)\nremainder commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\nas amended by\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 pt 3\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nss 58-61, s 63, s 64 commenced 18 August 2017 (s 2 (2) and see\nFamily Violence Act 2016 A2016-42, s 2 (3) (as am by this Act s 7))\npt 3 remainder commenced 1 May 2017 (LA s 79A and see Family\nViolence Act 2016 A2016-42, s 2 (2) (as am by this Act s 7))\nas modified by\nFamily Violence (Transitional Provisions) Regulation 2017 SL2017-25\nnotified LR 17 August 2017\ns 1, s 2 commenced 17 August 2017 (LA s 75 (1))\nremainder commenced 18 August 2017 (s 2 and see Family Violence\nAct 2016 A2016-42, s 2 (3) (as am by A2017-10 s 7))\nas amended by\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.6\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 3 pt 3.6 commenced 11 October 2017 (s 2)\n\n3 Legislation history\nJustice and Community Safety Legislation Amendment Act 2017\n(No 3) A2017-38 pt 10\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 10 commenced 25 November 2017 (s 2 (2) (a) and see SL2017-32\ns 2)\nJustice and Community Safety Legislation Amendment Act 2018\nA2018-12 pt 5\nnotified LR 18 April 2018\ns 1, s 2 commenced 18 April 2018 (LA s 75 (1))\npt 5 commenced 25 April 2018 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.13\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.13 commenced 22 November 2018 (s 2 (1))\nCrimes Legislation Amendment Act 2019 A2019-23 pt 9\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 9 commenced 15 August 2019 (s 2 (1))\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.6\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.6 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.11\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.11 commenced 20 February 2021 (s 2 (1))\nFamily Violence Legislation Amendment Act 2022 A2022-13 pt 5\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\npt 5 commenced 17 August 2022 (s 2)\n\nLegislation history 3\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.15\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.15 commenced 24 August 2022 (s 2)\nSexual Assault Reform Legislation Amendment Act 2023 A2023-15\nsch 2 pt 2.2\nnotified LR 17 May 2023\ns 1, s 2 commenced 17 May 2023 (LA s 75 (1))\nsch 2 pt 2.2 commenced 24 May 2023 (s 2)\nAct 2023 A2023-45 pt 7\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\ns 100, s 102, s 104, s 106, s 108 commenced 22 November 2023\n(s 2 (1))\npt 7 remainder commenced 1 July 2025 (s 2 (3))\nSexual, Family and Personal Violence Legislation Amendment\nAct 2024 A2024-40 pt 4\nnotified LR 12 September 2024\ns 1, s 2 commenced 12 September 2024 (LA s 75 (1))\npt 4 commenced 19 September 2024 (s 2)\n\nCommencement\ns 2 sub A2017-10 s 7\nom LA s 89 (4)\nMeaning of family violence\ns 8 am A2022-13 s 93\nPrinciple about procedures\ns 12 am A2017-10 s 8\nRules of evidence\ns 13A ins A2017-10 s 9\nMatters to be considered—family violence orders\ns 14 am A2017-10 s 10, s 11; ss and pars renum R1 LA\nWho may apply for protection orders?\ns 16 hdg sub A2023-15 amdt 2.3\ns 16 am A2023-45 s 100, s 101\nChild may apply for protection order in same application as parent\ns 16A ins A2017-10 s 12\nApplications by police officers\ns 16B ins A2017-10 s 12\nApplication forms that require affected person’s address\ns 17 am A2017-10 s 13\nSeeking interim orders\nsdiv 3.3.1A hdg ins A2024-40 s 6\nWho may seek interim orders?\ns 19A ins A2024-40 s 6\nInterim orders—may be made any time before application for final order is\ndecided\ns 20 am A2017-10 s 14\nsub A2024-40 s 7\nGeneral interim orders—length\ns 24 am A2017-10 s 15\nGeneral interim orders—taken to be special interim orders if related charges\nlaid\ns 26 am A2017-10 s 16, s 17\nGeneral interim orders—further orders\ns 27 am A2023-15 amdt 2.4\nGeneral interim orders—extension for non-service of final order\ns 29 am A2024-40 s 8\n\nSpecial interim orders—application not to be decided until related charges\nfinalised\ns 31 am A2017-10 s 18; pars renum R1 LA\nSpecial interim orders—final application decided\ns 32 am A2017-10 s 19, s 20\nConsent orders\ns 33 am A2023-15 amdt 2.5\nConsent to interim order becoming final order\ns 33A ins A2017-10 s 21\nFinal orders—length\ns 35 am A2017-10 s 22\nOffence—contravention of family violence order\ns 43 am A2024-40 s 9\nFamily violence order continues in force when protected person becomes\nadult\ns 44A ins A2024-40 s 10\nWhat Magistrates Court must do after receiving application for protection\ndiv 4.1 hdg sub A2017-10 s 23\nMeaning of timing notice\ns 45 sub A2017-10 s 23\nInterim order not sought\ns 46 sub A2017-10 s 23; A2024-40 s 11\nInterim order sought\ns 47 sub A2017-10 s 23; A2024-40 s 11\nService of application etc on others\ns 48 sub A2017-10 s 23\nPreliminary conferences\ndiv 4.2 hdg sub A2017-10 s 23\nPreliminary conferences—generally\ns 49 sub A2017-10 s 23\nam A2024-40 s 12\nAdjournment of preliminary conference for non-service\ns 50 sub A2017-10 s 23\nIf no consent order at preliminary conference\ns 51 sub A2017-10 s 23\nNon-attendance by party\ndiv 4.2A hdg ins A2017-10 s 23\n\nMeaning of returned before the court—div 4.2A\ns 52 ins A2017-10 s 23\nApplicant not present at return of application\ns 53 ins A2017-10 s 23\nam A2023-15 amdt 2.6\nRespondent not present at return of application\ns 54 ins A2017-10 s 23\nNeither party present at return of application\ns 54A ins A2017-10 s 23\nApplicant not present at return of application\ns 55 om A2017-10 s 24\nRespondent not present at return of application\ns 56 om A2017-10 s 24\nNeither party present at return of application\ns 57 om A2017-10 s 24\nPublic hearing not required\ns 59 am A2017-10 s 25, s 26\nNotice of grounds of defence\ns 60A ins A2017-10 s 27\nApplicant may rely on additional information in hearing\ns 60B ins A2017-10 s 27\nIf child and child’s parent are affected people\ns 60C ins A2017-10 s 27\nChildren as witnesses\ns 60D ins A2017-10 s 27\nDiscontinuance\ns 61 am A2017-10 s 28\nGiving evidence by affidavit for interim order\ns 62A ins A2017-10 s 29\nam A2019-23 s 34\nExplaining orders if protected person present\ns 67 am A2024-40 s 13, s 14; pars renum R16 LA\nService of protection orders\ns 70 om A2017-10 s 30\nService of documents\ndiv 4.4A hdg ins A2017-10 s 31\nPersonal service of application on respondent\ns 70A ins A2017-10 s 31\n\nDismissal of application for non-service\ns 70B ins A2017-10 s 31\nService of protection orders\ns 70C ins A2017-10 s 31\nSelf-represented parties\ns 70D ins A2017-10 s 31\nService of documents by police\ns 70E ins A2017-10 s 31\nGiving documents to child or child’s parent or guardian\ns 70F ins A2017-10 s 31\nAffidavit of service of documents by police\ns 70G ins A2019-23 s 35\nRequest for further particulars\ns 71A ins A2017-10 s 32\nDirections about procedure\ns 72 om A2017-10 s 33\nCosts\ns 73 am A2017-10 s 34\nChild respondents\ns 75 sub A2023-45 s 102, s 103\nRepresentation—party with impaired decision-making ability\ns 76 am A2023-45 s 104, s 105\nLitigation guardian—appointment\ns 78 am A2017-10 s 35\nAmendment of protection orders—preliminary conferences\ns 82A ins A2017-10 s 36\nsub A2024-40 s 15\nProvisional amendment of protection order in special or exceptional\ncircumstances\ns 82B ins A2024-40 s 15\nAmendment of protection orders\ns 83 am A2017-10 ss 37-39; pars renum R1 LA\nGeneral interim orders made by consent—extension\ns 85 am A2017-10 s 40, s 41\nFinal orders—extension\ns 86 am A2017-10 s 42\nSpecial interim orders—application for review\ns 87 am A2017-10 s 43\n\nSpecial interim orders—review\ns 88 am A2017-10 s 44\nFinal orders—application for review\ns 89 hdg sub A2017-10 s 45\ns 89 am A2017-10 ss 46-48; ss renum R1 LA\nFinal orders—review\ns 90 hdg sub A2017-10 s 49\ns 90 am A2017-10 s 50\nConsent orders—review\ns 91 am A2017-10 s 51, s 52\nReview of orders—preliminary conference\ns 91A ins A2017-10 s 53\nsub A2024-40 s 16\nMagistrate review of registrar decisions\ns 91B ins A2024-40 s 16\nGiving notice of appeal\ns 94 om A2017-10 s 54\nPolice officer may apply for after-hours order\ns 99 am A2023-45 s 106, s 107\nCourt-initiated interim orders\ns 112 am A2017-10 s 55; A2024-40 s 17, s 18; ss renum R16 LA\nInterim court-initiated protection order taken to be special interim order\ns 113 am A2017-10 s 56, s 57\nDefinitions—pt 9\ns 115 def general violence order am A2018-42 amdt 3.43\ndef New Zealand FVO am A2022-14 amdt 3.93\ndef registered foreign order sub A2017-10 s 58\nMeaning of family violence concern—pt 9\ns 116 am A2018-42 amdt 3.44\nMeaning of properly notified—pt 9\ns 117 am A2017-10 s 59\nMaking new orders\ns 123 am A2017-10 s 60\nRegistration of foreign orders\ndiv 9.3A hdg ins A2017-10 s 61\nApplications for registration of foreign orders\ns 134A ins A2017-10 s 61\n\nRegistration of foreign orders\ns 134B ins A2017-10 s 61\nFVOs declared to be recognised FVOs\ns 144 am A2017-28 amdt 3.14\nDeciding application if criminal proceedings\ns 151 am A2023-15 amdt 2.7\nReview of Act\ns 156 ins A2022-13 s 94\nexp 17 August 2027 (s 156 (2))\nTransitional\npt 20 hdg exp 1 May 2019 (s 202)\nDefinitions—pt 20\ns 198 hdg sub A2017-38 s 26\ns 198 ins A2017-10 s 62\nmod SL2017-25 mod 1.1 (mod exp 24 November 2017 (see\ndef operational date ins A2017-38 s 27\nApplications and orders under repealed Act\ns 199 ins A2017-10 s 62\nam A2017-10 s 63; ss renum R2 LA; A2018-12 s 7\nExisting registered orders under repealed Act\ns 200 am A2017-10 s 64\nmod SL2017-25 mod 1.2 (mod exp 24 November 2017 (see\nam A2017-38 s 28\nPreservation of repealed Act, pt 12\ns 200A ins A2017-10 s 65\nmod SL2017-25 mod 1.3 (mod exp 24 November 2017 (see\nam A2017-38 s 29\nModification—s 134A\ns 200B ins as mod SL2017-25 mod 1.4\nexp 24 November 2017 (see SL2017-25 s 4)\ns 201 exp 1 May 2019 (s 202)\nExpiry—pt 20\ns 202 exp 1 May 2019 (s 202)\n\nRepeals and consequential amendments\npt 21 hdg om LA s 89 (3)\nLegislation repealed\ns 203 om LA s 89 (3)\nLegislation amended—schs 2 and 3\ns 204 om LA s 89 (3)\nCOVID-19 emergency response\npt 22 hdg ins A2020-11 amdt 1.32\nMeaning of COVID-19 emergency—pt 22\ns 205 ins A2020-11 amdt 1.32\nExtending general interim orders\ns 206 ins A2020-11 amdt 1.32\nRequirement for party to be present\ns 207 ins A2020-11 amdt 1.32\nRequirement for party to give consent\ns 208 ins A2020-11 amdt 1.32\nAcknowledgment of undertaking by respondent\ns 209 ins A2020-11 amdt 1.32\nExpiry—pt 22\ns 210 ins A2020-11 amdt 1.32\nsub A2021-1 amdt 1.21\npt 23 hdg ins A2023-45 s 108\nGeneral\ndiv 23.1 hdg ins A2023-45 s 108\n\nDefinitions—pt 23\ns 211 ins A2023-45 s 108\ndef child respondent ins A2023-45 s 108\ndef commencement day ins A2023-45 s 108\ns 212 ins A2023-45 s 108\nExpiry—pt 23\ns 213 ins A2023-45 s 108\nEnding action etc for family violence orders\ndiv 23.2 hdg ins A2023-45 s 108\nApplication—div 23.2\ns 214 ins A2023-45 s 108\nEnforcement action\ns 215 ins A2023-45 s 108\nFamily violence order procedures, proceedings etc\ns 216 ins A2023-45 s 108\nValidity of past family violence order action\ndiv 23.3 hdg ins A2023-45 s 108\nMeaning of family violence order action—div 23.3\ns 217 ins A2023-45 s 108\nPast lawful acts not affected\ns 218 ins A2023-45 s 108\nProtection from liability\ns 219 ins A2023-45 s 108\nNo entitlement to compensation etc\ns 220 ins A2023-45 s 108\n\npt 24 hdg ins A2023-45 s 109\nGeneral\ndiv 24.1 hdg ins A2023-45 s 109\nDefinitions—pt 24\ns 221 ins A2023-45 s 109\ndef child respondent ins A2023-45 s 109\ndef commencement day ins A2023-45 s 109\ns 222 ins A2023-45 s 109\nExpiry—pt 24\ns 223 ins A2023-45 s 109\nEnding action etc for family violence orders\ndiv 24.2 hdg ins A2023-45 s 109\nApplication—div 24.2\ns 224 ins A2023-45 s 109\nEnforcement action\ns 225 ins A2023-45 s 109\nFamily violence order procedures, proceedings etc\ns 226 ins A2023-45 s 109\nValidity of past family violence order action\ndiv 24.3 hdg ins A2023-45 s 109\n\nMeaning of family violence order action—div 24.3\ns 227 ins A2023-45 s 109\nPast lawful acts not affected\ns 228 ins A2023-45 s 109\nProtection from liability\ns 229 ins A2023-45 s 109\nNo entitlement to compensation etc\ns 230 ins A2023-45 s 109\nFamily violence amendments\nsch 2 om LA s 89 (3)\nConsequential amendments\nsch 3 om LA s 89 (3)\ndict am A2017-10 s 66, s 67; A2017-28 amdt 3.15; A2023-15\namdt 2.8\ndef court am A2017-28 amdt 3.16\ndef family violence offence sub A2022-13 s 95\ndef family violence proceeding ins A2017-28 amdt 3.17\ndef protection order am A2024-40 s 19\ndef related am A2024-40 s 20\ndef return date am A2024-40 s 21\ndef returned ins A2017-10 s 68\ndef special interim order am A2023-15 amdt 2.9\ndef timing notice sub A2017-10 s 69\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 May 2017–\n17 Aug 2017\nA2017-10 new Act and\namendments by\nA2017-10\n18 Aug 2017\n18 Aug 2017–\n10 Oct 2017\nA2017-10 commenced\nprovisions,\namendments by\nA2017-10 and\nmodifications by\nSL2017-25\n11 Oct 2017\n11 Oct 2017–\n24 Nov 2017\nA2017-28 amendments by\nA2017-28\n25 Nov 2017\n25 Nov 2017–\n24 Apr 2018\nA2017-38 amendments by\nA2017-38\nand expiry of\nmodifications\n25 Apr 2018\n25 Apr 2018–\n21 Nov 2018\nA2018-12 amendments by\nA2018-12\n22 Nov 2018\n22 Nov 2018–\nA2018-42 amendments by\nA2018-42\n2 May 2019–\n14 Aug 2019\nA2018-42 expiry of\ntransitional\nprovisions (pt 20)\n15 Aug 2019\n15 Aug 2019–\nA2019-23 amendments by\nA2019-23\n8 April 2020–\n19 Feb 2021\nA2020-11 amendments by\nA2020-11\n\nExpired transitional or validating provisions 6\nNo and date\nEffective Last\namendment\nmade by\nfor\n20 Feb 2021\n20 Feb 2021–\n16 Aug 2022\nA2021-1 amendments by\nA2021-1\n17 Aug 2022\n17 Aug 2022–\n23 Aug 2022\nA2022-13 amendments by\nA2022-13\n24 Aug 2022\n24 Aug 2022–\nA2022-14 amendments by\nA2022-14\n24 May 2023–\n29 Sept 2023\nA2023-15 amendments by\nA2023-15\n30 Sept 2023\n30 Sept 2023–\n21 Nov 2023\nA2023-15 expiry of provisions\n(pt 22)\n22 Nov 2023\n22 Nov 2023–\n18 Sept 2024\nA2023-45 amendments by\nA2023-45\n19 Sept 2024\n19 Sept 2024–\nA2024-40 amendments by\nA2024-40\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":197}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"113(e) and 47(1)","severity":"high","reasoning":"Section 113(e) states that “section 47 (1) (b) ... applies”. Section 47(1) has no paragraph (b); it is an undivided provision requiring a return date for an interim-order hearing. The referenced operative branch therefore does not exist.","confidence":0.99,"description":"Section 113(e) applies a nonexistent provision, section 47(1)(b), to a court-initiated interim order.","source_quotes":["section 47 (1) (b) (Interim order sought) applies to the order;","If the Magistrates Court receives an application for a protection order and an interim order is sought, the court must set a return date for the hearing of the interim order which is not later than 2 days after the day the application is received."]}],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1078},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2016 scope. Major additions include: (1) the national recognition scheme for interstate and New Zealand orders (Part 9, added 2017); (2) court-initiated orders from criminal proceedings (Part 8); (3) detailed procedural protections for self-represented parties and children (Division 4.2A, 4.6, 4.7); (4) COVID-19 emergency provisions (since expired); and (5) extensive transitional provisions raising the age of criminal responsibility for child respondents from under 12 to under 14 (Parts 23 and 24, 2023-2025). The original Act was primarily about creating protection orders; it is now a comprehensive system integrating civil protection, criminal enforcement, national coordination, and child protection frameworks."},"complexity_factors":["156 defined terms in the dictionary, many with nested cross-references to other legislation","Multiple overlapping order types (general interim, special interim, final, after-hours, consent) with different rules for duration, extension, and review","Extensive national recognition scheme (Part 9) requiring coordination with laws of other jurisdictions and New Zealand","Conditional logic for child respondents — transitional provisions create different age thresholds (under 12 vs under 14) with different commencement dates","Nested exceptions: special interim orders have different service rules, review rights, and duration limits than general interim orders","Cross-referencing with Family Law Act 1975, Criminal Code, Firearms Act 1996, Personal Violence Act 2016, and multiple other ACT laws","Procedural requirements for preliminary conferences, service of documents, and litigation guardians for parties with impaired decision-making ability"],"plain_english_summary":"**What this law does:**\n\nThe **Family Violence Act 2016** (ACT) is the main law protecting people in the Australian Capital Territory from family violence. It gives courts power to make **protection orders** that restrict what an abusive family member can do.\n\n**Who it protects:**\n- Anyone experiencing violence from a **family member** — this includes domestic partners, ex-partners, intimate partners, relatives, and even people in \"family-like\" relationships (like a carer who has become like family)\n- **Children** who witness or hear family violence are also protected, even if the violence isn't directed at them\n\n**What counts as family violence:**\nMuch more than just physical violence. It includes:\n- **Physical or sexual abuse**\n- **Emotional or psychological abuse** (controlling behaviour, threats, isolation, humiliation)\n- **Economic abuse** (controlling money, stopping someone from working)\n- **Technology-facilitated abuse** (tracking phones, sharing intimate images without consent, cyberstalking)\n- **Threats, coercion, stalking, damaging property, harming pets**\n\n**Key protections the law creates:**\n\n| Type of order | What it does | How long it lasts |\n|-------------|-----------|----------------|\n| **Interim order** | Emergency protection while waiting for a full hearing | Up to 12 months (general) or until criminal charges finish (special) |\n| **Final order** | Long-term protection after a full hearing | 2 years (or longer in special circumstances) |\n| **After-hours order** | Police can get urgent protection outside court hours | Until the second business day after it's made |\n| **Consent order** | Both parties agree to the terms | Up to 2 years |\n\n**What orders can require:**\n- Stop the respondent from contacting or approaching the protected person\n- Remove the respondent from the home (exclusion conditions)\n- Hand over personal property like keys, clothes, documents\n- Attend counselling or behaviour change programs\n- **Automatic firearms suspension** — any firearms licence is suspended or cancelled when an order is made\n\n**Breaking an order is a crime:**\nContravening a family violence order carries penalties of up to **500 penalty units ($80,000), 5 years imprisonment, or both**.\n\n**Special features:**\n- **National recognition** — orders made in other Australian states, territories, or New Zealand are automatically recognised and enforceable in the ACT\n- **Police can apply** — police officers can apply for protection orders on behalf of victims, including urgent after-hours orders\n- **Children under 14 cannot be respondents** — they cannot have orders made against them (transitional provisions are phasing this in)\n- **Self-represented respondents cannot cross-examine victims directly** — the court appoints someone to ask questions instead\n\n**Why it matters:**\nThis law recognises that family violence is a pattern of controlling behaviour, not just isolated incidents. It prioritises **victim safety over procedural complexity** — courts don't need to follow strict evidence rules, and protection can be arranged quickly when needed."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the Act’s general, original object to protect people from family violence (s 6), the republished and amended text expands and refines scope in several concrete ways. It establishes a national recognition and enforcement scheme for interstate and certain foreign family violence orders (Part 9, ss 115–126 and ss 131–134B), adds detailed after‑hours procedures for police applications and judicial officers (pt 7, ss 98–110), and incorporates transitional and substantive changes limiting family violence order action against children arising from amendments about the age of criminal responsibility (Parts 23 and 24, ss 211–230 and ss 221–230). These additions broaden the Act’s operational reach geographically (recognition across jurisdictions), procedurally (after‑hours and court‑initiated orders), and substantively in relation to children (transitional revocations and discontinuances)."},"complexity_factors":["Length and density: many parts, divisions and detailed procedural rules across interim, special, after‑hours and final orders (Parts 3–7).","Cross‑jurisdiction recognition: national scheme for recognising and enforcing interstate and some foreign orders with registration, amendment and revocation mechanics (Part 9, ss 115–134B).","Interplay with criminal proceedings: special interim orders link civil protection order timing to related criminal charges (ss 22, 26, 31; pt 8 court‑initiated orders ss 111–114).","Significant administrative roles: registrars, police and magistrates perform multiple operational functions (service, registration, record‑keeping, declarations) creating procedural dependencies (ss 46–48, 70A, 70C, 102, 134B, 136–138).","Multiple discretionary decision points: courts may 'inform themselves' (s 65), grant or refuse registrar declarations (s 146), and judicial officers decide after‑hours orders and detentions (ss 100–106).","Substantive rights and sanctions interaction: orders can automatically affect other statutory authorisations (firearms/prohibited weapons — s 44; ss 127–129) and create criminal liability for contraventions (s 43).","Special rules for vulnerable groups and children: litigation guardianship, impaired decision‑making and transitional provisions dealing with child respondents add layers of procedural safeguards and temporary rules (Div 4.6, Divs 23–24).","Publication and privacy regime: prohibitions with specific exceptions require careful navigation by media and professionals (ss 149–150; schedule 1)."],"plain_english_summary":"The Act creates an ACT legal framework to prevent and respond to family violence by letting courts and police make protection and urgent after‑hours orders, criminalising breaches, and enabling recognition of orders from other jurisdictions. It affects people who fear, experience or are accused of family violence, plus police, registrars and courts—prioritising fast, accessible protection but imposing liberty‑restricting conditions and regulatory consequences (for example, on licences) and requiring significant administrative effort to serve, register and enforce orders."}},"importantCases":[],"_links":{"self":"/api/acts/family-violence-act-2016","history":"/api/acts/family-violence-act-2016/history","analysis":"/api/acts/family-violence-act-2016/analysis","conflicts":"/api/acts/family-violence-act-2016/conflicts","importantCases":"/api/acts/family-violence-act-2016/important-cases","documents":"/api/acts/family-violence-act-2016/documents"}}