{"id":"tas:sr-2023-064","name":"Justices (Restraint Orders) Rules 2023","slug":"justices-restraint-orders-rules-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"64 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179391,"registerId":"tas-tas:sr-2023-064-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These rules may be cited as the [Justices (Restraint Orders) Rules 2023](/view/html/inforce/2026-04-12/sr-2023-064) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These rules take effect on 18 December 2023.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these rules –\n> > \n> > > ***Act*** means the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ;\n> > \n> > > ***clerk*** has the same meaning as in the [Justices Rules 2003](/view/html/inforce/2026-04-12/sr-2003-184) .\n> \n> > (2)  Unless the contrary intention appears, an expression used in these rules has the same meaning as it has in [Part XA](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Applications generally","content":"### 4 Applications generally\n\n> > (1)  An application under [Part XA](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) of the Act is to –\n> > \n> > > > (a) specify the order sought; and\n> > > \n> > > > (b) contain –\n> > > > \n> > > > > > (i) in the case of an application made by a police officer, a statutory declaration of the police officer that to the best of the officer’s knowledge and belief the information contained in the application is true; or\n> > > > > \n> > > > > > (ii) in the case of any other applicant, an affidavit of the applicant stating that to the best of the applicant’s knowledge and belief the information contained in the application is true; and\n> > > \n> > > > (c) be filed with the clerk.\n> \n> > (2)  [Subrule (1)](#GS4@Gs1@EN) does not apply to an application under [section 106GA(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106GA@Gs1@EN) of the Act.\n> \n> > (3)  If an application, under [section 106B(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106B@Gs1@EN) of the Act, for a restraint order is filed after a warrant has been issued under [section 106C(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106C@Gs1@EN) of the Act in respect of a person to be restrained under the restraint order, the application is to state that the warrant has been issued.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Electronic filing of applications","content":"### 5 Electronic filing of applications\n\n> > (1)  In this rule –\n> > \n> > > ***authorised source*** means a person or agency approved by the Chief Magistrate, under [rule 65(2) of the](/view/html/inforce/2026-04-12/sr-2003-184#GS65@Gs2@EN) [Justices Rules 2003](/view/html/inforce/2026-04-12/sr-2003-184) , to file applications with the clerk by electronic means.\n> \n> > (2)  An authorised source may file an application under [Part XA](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) of the Act by electronic means.\n> \n> > (3)  An application filed by electronic means under [subrule (2)](#GS5@Gs2@EN) is to state that [subrule (4)](#GS5@Gs4@EN) has been complied with.\n> \n> > (4)  An authorised source must retain the original signed application that complies with [rule 4](#GS4@EN) in a safe place and, if requested by a magistrate, produce the application to a magistrate.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Service and filing of applications or warrants","content":"### 6 Service and filing of applications or warrants\n\n> > (1)  In this rule –\n> > \n> > > ***endorsed copy*** means –\n> > > \n> > > > > (a) the copy of the sealed copy which contains the endorsement of service; or\n> > > > \n> > > > > (b) a facsimile copy of the endorsed copy referred to in [paragraph (a)](#GS6@Gs1@Nd204483@Hpa@EN) ;\n> > \n> > > ***endorsement of service*** means the endorsement and signature referred to in [subrule (6)(a)](#GS6@Gs6@Hpa@EN) and [(b)](#GS6@Gs6@Hpb@EN) or [subrule (10)](#GS6@Gs10@EN) .\n> \n> > (2)  A person making any of the following applications must cause a sealed copy of the application to be served personally on the respondent to the application as soon as practicable after the application has been filed with the clerk:\n> > \n> > > > (a) an application under [section 106B(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106B@Gs1@EN) of the Act for a restraint order;\n> > > \n> > > > (b) an application under [section 106G(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106G@Gs1@EN) of the Act for the revocation of a restraint order except if –\n> > > > \n> > > > > > (i) the application is made by, or on behalf of, a person who has attained the age of 14 years and who has the sole benefit of the restraint order; or\n> > > > > \n> > > > > > (ii) the application is made by a police officer.\n> \n> > (3)  In addition to any relevant requirement specified in [subrule (2)](#GS6@Gs2@EN) to serve the respondent personally with a sealed copy of the application, a person making an application under [section 106G(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106G@Gs1@EN) of the Act for the variation, extension or revocation of a restraint order must cause a sealed copy of the application to be served – \n> > \n> > > > (a) on every other person who –\n> > > > \n> > > > > > (i) has attained the age of 14 years; and\n> > > > > \n> > > > > > (ii) benefits from the restraint order; and\n> > > \n> > > > (b) in accordance with [rule 20 of the](/view/html/inforce/2026-04-12/sr-2003-184#GS20@EN) [Justices Rules 2003](/view/html/inforce/2026-04-12/sr-2003-184) , as if a reference to a summons were a reference to the sealed copy; and\n> > > \n> > > > (c) as soon as practicable after the application has been filed with the clerk.\n> \n> > (4)  The clerk must notify the Commissioner of Police of the filing of an application made under [section 106G(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106G@Gs1@EN) of the Act, and provide the Commissioner of Police with a copy of that application, if –\n> > \n> > > > (a) the applicant is not a police officer; and\n> > > \n> > > > (b) a police officer was the applicant for a restraint order to which that application relates.\n> \n> > (5)  A person making an application under [section 106GD(2)](/view/html/inforce/2026-04-12/act-1959-077#GS106GD@Gs2@EN) of the Act must cause a sealed copy of the application to be served on the respondent to the application, in accordance with [rule 20 of the](/view/html/inforce/2026-04-12/sr-2003-184#GS20@EN) [Justices Rules 2003](/view/html/inforce/2026-04-12/sr-2003-184) (as if a reference to a summons were a reference to the sealed copy), as soon as practicable after the application has been filed with the clerk, except if –\n> > \n> > > > (a) the application is for the cancellation of the registration of a registered external restraint order; and\n> > > \n> > > > (b) the applicant is a person for whose benefit that order was registered.\n> \n> > (6)  A person serving a sealed copy, or a copy, of an application must –\n> > \n> > > > (a) endorse on a copy of that sealed copy, or copy, of the application a memorandum stating the day, place and mode of service; and\n> > > \n> > > > (b) sign the memorandum; and\n> > > \n> > > > (c) cause the endorsed copy to be lodged in the office of the clerk for the district in which it is returnable as soon as practicable.\n> \n> > (7)  On receipt of an endorsed copy lodged under [subrule (6)(c)](#GS6@Gs6@Hpc@EN) , the clerk is to file that copy.\n> \n> > (8)  Evidence of service of a sealed copy of an application or warrant may be provided by –\n> > \n> > > > (a) the sworn evidence of the person serving it; or\n> > > \n> > > > (b) the endorsed copy.\n> \n> > (9)  An endorsement of service or a facsimile copy of an endorsement of service is evidence, until the contrary is shown –\n> > \n> > > > (a) that the endorsement was signed by the person whose signature it purports to be; and\n> > > \n> > > > (b) that the statements contained in the endorsement are true.\n> \n> > (10)  A person executing a warrant issued under [section 106C(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106C@Gs1@EN) of the Act must –\n> > \n> > > > (a) serve personally on the person apprehended under the warrant a copy, or a facsimile copy, of the application in respect of which the warrant was issued; and\n> > > \n> > > > (b) endorse on the warrant a memorandum stating that a copy, or a facsimile copy, of the application has been served on the person apprehended.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Affidavits","content":"### 7 Affidavits\n\n> > (1)  If a respondent to an application under [Part XA](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) of the Act wishes to defend the application, the respondent may file an affidavit in reply at the earliest practicable date before the return date of the application.\n> \n> > (2)  [Subrule (1)](#GS7@Gs1@EN) does not apply to an application –\n> > \n> > > > (a) under [section 106B(3)](/view/html/inforce/2026-04-12/act-1959-077#GS106B@Gs3@EN) of the Act for leave to make an application for a restraint order; or\n> > > \n> > > > (b) under [section 106G(2)](/view/html/inforce/2026-04-12/act-1959-077#GS106G@Gs2@EN) of the Act for leave to make an application for the variation, extension or revocation of a restraint order; or\n> > > \n> > > > (c) under [section 106GA(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106GA@Gs1@EN) of the Act for the registration of an external restraint order; or\n> > > \n> > > > (d) for leave to be granted, as referred to in [section 106GD(1)(d)](/view/html/inforce/2026-04-12/act-1959-077#GS106GD@Gs1@Hpd@EN) of the Act, to make an application for the variation, variation of the period of effect or cancellation of the registration of a registered external restraint order.\n> \n> > (3)  An affidavit under [subrule (1)](#GS7@Gs1@EN) is to be in concise language and to contain only –\n> > \n> > > > (a) relevant answers made to the affidavit or statutory declaration given in support of the application; and\n> > > \n> > > > (b) any other relevant matters necessary –\n> > > > \n> > > > > > (i) to support the case of the party by whom the affidavit is to be filed; and\n> > > > > \n> > > > > > (ii) to enable the issues to be defined.\n> \n> > (4)  An affidavit filed in accordance with [subrule (1)](#GS7@Gs1@EN) is to be served on the other party to the proceedings as soon as practicable after the affidavit is filed.\n> \n> > (5)  [Rule 20 of the](/view/html/inforce/2026-04-12/sr-2003-184#GS20@EN) [Justices Rules 2003](/view/html/inforce/2026-04-12/sr-2003-184) applies to the service of an affidavit under [subrule (4)](#GS7@Gs4@EN) as if a reference to a summons in that rule were a reference to an affidavit filed under [subrule (1)](#GS7@Gs1@EN) .","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Hearing of applications","content":"### 8 Hearing of applications\n\n> > (1)  At the hearing of an application under [Part XA](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) of the Act, except the hearing of an application under [section 106GA(1)](/view/html/inforce/2026-04-12/act-1959-077#GS106GA@Gs1@EN) of the Act, evidence may be given by affidavit.\n> \n> > (2)  A person who made an affidavit for the purposes of [subrule (1)](#GS8@Gs1@EN) is not required to attend the hearing of the application unless a party to the proceedings, or the justice hearing the proceedings, so requires.\n> \n> > (3)  By notice in writing given to the person who made an affidavit for the purposes of [subrule (1)](#GS8@Gs1@EN) , a party to the proceedings may require that the person attend the hearing for cross-examination and, if the person fails to attend, the court may –\n> > \n> > > > (a) refuse to allow the affidavit to be used; or\n> > > \n> > > > (b) allow the affidavit to be used on any conditions that the court thinks fit; or\n> > > \n> > > > (c) adjourn the proceedings until the person attends for cross-examination.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Service of restraint orders","content":"### 9 Service of restraint orders\n\n> > (1)  If a restraint order or an interim restraint order is made, a copy of the order is to be served on the person against whom the order is made as soon as practicable after it is made.\n> \n> > (2)  If a restraint order or an interim restraint order is made, the clerk must forward a copy of the order –\n> > \n> > > > (a) to the Commissioner of Police; and\n> > > \n> > > > (b) to the person who made the application for the restraint order; and\n> > > \n> > > > (c) if the person who made the application is not the person for whose benefit the order is made, to the person for whose benefit the order is made.\n> \n> > (3)  If a restraint order, interim restraint order or registered external restraint order is varied or extended, a copy of the order, as varied or extended, is to be served personally on the respondent to the application for variation or extension of the order as soon as practicable after the order is varied or extended.\n> \n> > (4)  If a restraint order, interim restraint order or registered external restraint order is varied or extended, the clerk, as soon as practicable after the order is varied or extended, is to forward a copy of the order as varied or extended –\n> > \n> > > > (a) to the Commissioner of Police; and\n> > > \n> > > > (b) to the person who made the application for the variation or extension of the order; and\n> > > \n> > > > (c) if the person who made the application is not the person for whose benefit the order was made, to the person for whose benefit the order was made.\n> \n> > (5)  On the revocation of a restraint order or the cancellation of the registration of an external restraint order, the clerk must notify the following persons of that revocation or cancellation:\n> > \n> > > > (a) the Commissioner of Police;\n> > > \n> > > > (b) the person who made the application for that revocation or cancellation;\n> > > \n> > > > (c) the person for whose benefit the restraint order or external restraint order was made;\n> > > \n> > > > (d) the person against whom the restraint order or external restraint order was made.\n> \n> > (6)  If a restraint order or interim restraint order is served on the person against whom the order is made, or a registered external restraint order, as varied or extended, is served on the respondent to the application for variation or extension to the order, the person who served the order is to –\n> > \n> > > > (a) endorse on the copy of the order a memorandum stating that the order has been served; and\n> > > \n> > > > (b) sign the memorandum and specify the date on which the order was served; and\n> > > \n> > > > (c) forward a copy of the endorsed order to the clerk.\n> \n> > (7)  On receipt of the copy of the order endorsed in accordance with [subrule (6)](#GS9@Gs6@EN) , the clerk is to notify the fact that the order has been served and the date on which it was served to –\n> > \n> > > > (a) the applicant for the restraint order or its variation or extension; and\n> > > \n> > > > (b) the person for whose benefit the order was made if that person was not also the applicant; and\n> > > \n> > > > (c) the Commissioner of Police.\n> \n> > (8)  Evidence of service of a sealed copy of an application may be provided by –\n> > \n> > > > (a) the sworn evidence of the person serving it; or\n> > > \n> > > > (b) the endorsed copy.\n> \n> > (9)  An endorsement of service or a facsimile copy of an endorsement of service is evidence, until the contrary is shown –\n> > \n> > > > (a) that the endorsement was signed by the person whose signature it purports to be; and\n> > > \n> > > > (b) that the statements contained in the endorsement are true.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Power of justices to dispense with provisions","content":"### 10 Power of justices to dispense with provisions\n\n> Subject to [Part XA](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) of the Act and on any conditions that they consider necessary, the justices may dispense with the need for compliance, with any provisions of that Part or these rules, by a party to proceedings under [Part XA](/view/html/inforce/2026-04-12/act-1959-077#HPXA@EN) of the Act.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 20 September 2023\n\nThese rules are administered in the Department of Justice.","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These rules are procedural and implement Part XA of the Justices Act 1959 by prescribing how applications, service, filing, evidence and notifications are to be handled. They do not broaden who may apply for or be subject to restraint orders, nor do they add new substantive powers or offences. The instrument clarifies process and record-keeping (including electronic filing with retention of originals) rather than changing the substantive scope of Part XA; therefore there is no significant change in legislative scope compared with the Act's purpose."},"complexity_factors":["Procedural instrument of moderate length (10 numbered rules) with nested subrules and several exceptions (e.g. rule 6(2)–(5) contains multiple carve-outs).","Multiple cross-references to the Justices Act 1959 Part XA and to specific sections (106B, 106C, 106G, 106GA, 106GD) — increases the need to read the parent Act to understand substance.","Cross-references to the Justices Rules 2003 (e.g. rule 5 referencing rule 65(2), and rules 6 & 7 referencing rule 20) — two rule-sets must be read together for full effect.","Defined terms and specialised nomenclature (Act; clerk; authorised source; endorsed copy; endorsement of service) — modest number but central to operation (rule 3; rule 5; rule 6).","Evidentiary presumptions (endorsements and facsimiles treated as evidence until contrary shown) create legal effect beyond administrative steps (rules 6(9), 9(9)).","Discretionary carve-out allowing justices to dispense with compliance (rule 10) adds conditional complexity and case-by-case variability."],"plain_english_summary":"**What these rules do (mechanically)**\n\n- Set the paperwork, filing and service procedure for applications and hearings about restraint orders under Part XA of the Justices Act 1959 (the Act). (See rules 3–10.)\n\n- Specify what an application must contain: the order sought and supporting sworn statement — a statutory declaration where the applicant is a police officer, or an affidavit for other applicants — and require filing with the court clerk (rule 4(1)).\n\n- Allow certain approved persons or agencies (an \"authorised source\") to file applications electronically, but require those authorised sources to keep the original signed application and produce it if a magistrate asks (rule 5).\n\n- Require personal service of a sealed copy of many applications and of warrants on the respondent as soon as practicable after filing; set out who else must be served for variation/extension/revocation applications (notably beneficiaries aged 14 or over) and identify specific exceptions (rule 6(2)–(5), (10)).\n\n- Require the person serving court documents to endorse (note) the day, place and mode of service, sign that endorsement, and lodge the endorsed copy with the clerk; the clerk files it (rule 6(6)–(7)). Endorsements and their facsimiles are treated as evidence until contradicted (rule 6(8)–(9)).\n\n- Require that a copy of the application be served on a person apprehended under a warrant and that the executing officer endorse the warrant to record service (rule 6(10)).\n\n- Allow respondents to file concise affidavits in reply before the return date if they wish to defend (but exclude certain \"leave\" and registration applications); require service of those affidavits on the other party (rule 7).\n\n- Allow evidence to be given by affidavit at hearings (except for registration of external restraint orders); permit cross-examination of affidavit makers on notice and allow the court to refuse or limit affidavits if the deponent does not attend when required (rule 8).\n\n- Require prompt service of restraint orders (and of variations/extensions) on the person against whom the order is made, and require the clerk to forward copies to the Commissioner of Police, the applicant, and the beneficiary where different (rule 9(1)–(4)). The clerk must also notify specified persons when an order is revoked or a registration cancelled (rule 9(5)).\n\n- Provide that a person who serves an order must endorse and return the endorsed copy to the clerk so the clerk can notify the parties and the Commissioner (rule 9(6)–(7)).\n\n- Give justices the power, subject to Part XA of the Act, to dispense with compliance with these procedural requirements in whole or in part and on any conditions they think fit (rule 10).\n\n\n**Who this affects**\n\n- Applicants for restraint orders (police officers and private applicants), respondents to those applications, and persons who benefit from restraint orders (including minors aged 14+ who must be served in many cases).\n\n- Court staff (clerks), the Commissioner of Police and any agency approved by the Chief Magistrate to file electronically (an authorised source).\n\n\n**Why it matters (practical effects and mechanics of incentives and costs)**\n\n- Filing and service mechanics: the rules standardise how restraint-order proceedings start and proceed. Applicants must ensure correct sworn statements (statutory declaration for police; affidavit for others) and must personally serve sealed copies in many cases (rule 4; rule 6). That allocates time and cost to applicants (or their process servers) and places administrative work on clerks to file endorsements and notify parties (rules 6(6)–(7); 9(2), (4)).\n\n- Electronic filing with retention obligations: authorised sources may file electronically (rule 5(2)), which reduces immediate paper handling but requires them to retain the original signed document and produce it on request (rule 5(4)). That shifts record-keeping costs to authorised agencies while easing filing for them.\n\n- Evidence and attendance incentives: using affidavits at hearing (rule 8(1)) reduces the burden of calling witnesses to court, but the court and parties retain the power to require attendance for cross-examination (rule 8(2)–(3)). That creates a trade-off between speed and procedural fairness: affidavits streamline hearings but may be challenged and require live oral evidence if contested.\n\n- Notifications to police and beneficiaries: the clerk must provide copies and notifications to the Commissioner of Police and beneficiaries (rules 6(4); 9(2), (4), (5)). This centralises information flow to policing authorities and the protected persons, which concentrates the benefit of notification on those actors and imposes administrative duties on clerks.\n\n- Flexible judicial discretion: justices may dispense with procedural requirements where appropriate (rule 10). That reduces rigid compliance costs in individual cases but increases the role of judicial discretion, which creates some legal uncertainty about when deviations will be allowed.\n\n\n**Trade-offs, compliance burdens and risks**\n\n- Who pays: applicants (or their agencies) pay for service, endorsement and lodging; authorised filing agencies must store originals; clerks and police bear notification and filing workloads.\n\n- Administrative burden concentrated on court staff and police: the rules create repeated notification, endorsement and filing steps (rules 6 and 9). Those steps are simple but frequent, and require timely action \"as soon as practicable,\" which may strain resources in busy jurisdictions.\n\n- Evidence presumptions and operational risk: endorsements and facsimiles are prima facie evidence (rules 6(9), 9(9)), which speeds proof of service but may raise contested evidentiary disputes in some cases.\n\n- Limited substantive change: the rules are procedural rather than expanding who may get a restraint order or the substantive powers available under Part XA of the Act. They standardise process rather than create new substantive rights or obligations.\n\n\n**Key rule references (where to look)**\n\n- Application contents and filing: rule 4.  \n- Electronic filing and retention of originals: rule 5.  \n- Service, endorsements and warrants: rule 6.  \n- Affidavit practice and deadlines: rule 7.  \n- Use of affidavits at hearing and cross-examination: rule 8.  \n- Service and notification of restraint orders, variations and revocations: rule 9.  \n- Judicial discretion to dispense with rules: rule 10.\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing procedural rules for restraint orders under Part XA of the Justices Act 1959. The rules cover the expected lifecycle of these orders (application, service, hearing, variation, revocation) without expanding into unrelated areas of law."},"complexity_factors":["Multiple cross-references to the Justices Act 1959 (Part XA) and Justices Rules 2003, requiring readers to consult external legislation","Nested exceptions throughout — for example, rule 6(2) has exceptions for certain applicants, and rule 6(5) has a double-exception for cancellation applications by beneficiaries","Conditional logic varies by applicant type (police vs. non-police), beneficiary age (14+ threshold), and application type (restraint order vs. external registration vs. variation/revocation)","Defined terms used in multiple rules ('authorised source', 'endorsed copy', 'endorsement of service') with some defined locally and others imported from other instruments","Procedural requirements differ significantly depending on whether the application is initial, varied, extended, revoked, or registered from interstate"],"plain_english_summary":"These rules set out the practical steps for applying for, serving, and managing **restraint orders** in Tasmania. A restraint order is a court order that restricts someone's behaviour to protect another person from violence, intimidation, or harassment.\n\n**Who this affects:**\n- **Police officers** and **members of the public** seeking protection from someone\n- **Respondents** (the person the order is against)\n- **Court staff (clerks)** and **magistrates** handling the applications\n- **Children aged 14+** who can apply for or benefit from orders in their own right\n\n**What the rules cover:**\n\n- **How to apply:** Applications must specify what order is wanted, include a sworn statement (statutory declaration for police, affidavit for others), and be filed with the court clerk. Some applications can be filed electronically by approved agencies.\n\n- **Serving documents:** Most applications must be personally delivered to the respondent. There are detailed rules about who else must be notified — including other beneficiaries of the order and the Commissioner of Police.\n\n- **Responding to applications:** The person against whom the order is sought can file an affidavit (sworn written statement) to defend the application, unless it's a special type of application like registering an order from another state.\n\n- **Court hearings:** Evidence is usually given by affidavit rather than in-person testimony, though the magistrate or either party can require someone to attend for cross-examination.\n\n- **Enforcing and varying orders:** Once made, orders must be served on the respondent and copies sent to police and beneficiaries. Similar steps apply when orders are extended, varied, or cancelled.\n\n- **Flexibility:** Magistrates can waive (dispense with) any of these procedural requirements if justice requires it.\n\n**Why it matters:** These rules ensure that people seeking protection can get orders quickly and efficiently, while guaranteeing that respondents receive proper notice and a fair chance to respond. The electronic filing provisions modernise the process, and the detailed service rules ensure all relevant parties — especially police — are informed when orders are made or changed."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication that the scope of these rules has changed from their original intent. They appear to serve as procedural rules for restraint orders as contemplated when enacted in 2023, with no amending instruments noted that would suggest a shift in purpose or coverage."},"complexity_factors":["Procedural rules require cross-referencing with the parent Justices Act to understand the full legal framework","Applies to a specialised area of law (restraint/protection orders) with its own terminology","Tasmanian-specific rules may differ from equivalent processes in other Australian jurisdictions, creating confusion for those familiar with interstate systems","The provided text is primarily metadata, making it impossible to assess the full substantive complexity of the rules themselves","Involvement of multiple parties (applicants, respondents, justices, magistrates) with different procedural obligations"],"plain_english_summary":"These rules set out the procedures for applying for, issuing and managing restraint orders in Tasmanian courts — who uses the required forms, how and when documents must be served, and how hearings are run. \n\nThey affect people seeking protection, those restrained, lawyers, court staff and magistrates/Justices of the Peace. Proper compliance matters because procedural errors can delay protection or expose orders to challenge."}},"importantCases":[],"_links":{"self":"/api/acts/justices-restraint-orders-rules-2023","history":"/api/acts/justices-restraint-orders-rules-2023/history","analysis":"/api/acts/justices-restraint-orders-rules-2023/analysis","conflicts":"/api/acts/justices-restraint-orders-rules-2023/conflicts","importantCases":"/api/acts/justices-restraint-orders-rules-2023/important-cases","documents":"/api/acts/justices-restraint-orders-rules-2023/documents"}}