{"id":"a-2016-43","name":"Personal Violence Act 2016","slug":"personal-violence-act-2016","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"43 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24046,"registerId":"act-a-2016-43-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"3.3 Special interim orders","content":"Subdivision 3.3.3 Special interim orders\n24AC Special interim orders—ending 16\n24AD Special interim orders—application not to be decided until related\ncharges finalised 16\n24AE Special interim orders—final application decided 17\n\nPage\ncontents 3\n24A Consent to interim order becoming final order 18\n25 Consent orders 18\n26 Final orders—grounds for making 20\n27 Final orders—length 20\n28 Safety of affected person paramount 21\n29 Least restrictive principle 21\n30 Conditions—personal protection orders 21\n31 Exclusion conditions—personal protection orders 23\n32 Conditions—workplace protection orders 24\n33 Conditions—consent orders 24\n34 Conditions may apply for shorter time than order 25\n35 Offence—contravention of protection order 25\n36 Interim orders—respondent’s firearms 25\n37 Final orders—respondent’s firearms 26\n38 Firearm licences—other conditions and orders 26\n38A Protection order continues in force when protected person becomes\nadult 27\nDivision 4.1 What Magistrates Court must do after receiving\napplication for protection order\n39 Meaning of timing notice 28\n40 Interim order not sought 28\n41 Interim order sought 29\n42 Service of application etc on others 31\n43 Preliminary conferences—generally 31\n44 Adjournment of preliminary conference for non-service 32\n45 If no consent order at preliminary conference 32\n46 Referrals to mediation 33\n\nPage\ncontents 4 Personal Violence Act 2016\n47 Meaning of returned before the court—div 4.2A 33\n48 Applicant not present at return of application 33\n49 Respondent not present at return of application 34\n49A Neither party present at return of application 34\n53 Hearings usually in public 35\n54 Public hearing not required 35\n55 Closed hearings in special circumstances 35\n55A Notice of grounds of defence 37\n55B Applicant may rely on additional information in hearing 37\n55C If child and child’s parent are affected people 38\n55D Children as witnesses 38\n56 Discontinuance 39\n57 Admissibility of preliminary conference evidence 39\n57A Giving evidence by affidavit for interim order 40\n58 Undertakings by respondent 40\n59 Court may inform itself 40\n60 Explaining orders if respondent present 41\n61 Explaining orders if protected person present 42\n62 Reasons for order 43\n63 Orders generally not to include protected person’s address 43\n64A Personal service of application on respondent 43\n64B Dismissal of application for non-service 44\n64C Service of protection orders 44\n64D Self-represented parties 45\n64E Service of documents by police 46\n64F Giving documents to child or child’s parent or guardian 46\n64G Affidavit of service of documents by police 46\nDivision 4.5 Other procedural matters\n65 Police officer party to proceeding for personal protection order—\nsubstitution of applicant etc 47\n\nPage\ncontents 5\n65A Request for further particulars 47\n67 Costs 47\n68 Meaning of impaired decision-making ability 48\n69 Child respondents 49\n70 Representation—party with impaired decision-making ability 49\n71 Consent orders—party with impaired decision-making ability 50\n72 Litigation guardian—appointment 51\n73 Litigation guardian—powers 51\n74 Litigation guardian—responsibilities 52\n75 Litigation guardian—removal 52\n76 Amendment of protection orders—who may apply 53\n76A Amendment of protection orders—preliminary conferences 53\n77 Amendment of protection orders 55\n78 Final orders—temporary amendment 56\n79 Interim orders made by consent—extension 56\n80 Final orders—extension 56\n80A Special interim orders—application for review 57\n80B Special interim orders—review 57\n81 Final orders—application for review 58\n82 Final orders—review 59\n83 Consent orders—review 59\n83A Review of orders—preliminary conferences 60\n83B Magistrate review of registrar decisions 62\n84 Appealable decisions 63\n85 Appeals to Supreme Court 63\n87 Evidence on appeal 64\n88 Powers of Supreme Court on appeal 64\n89 Effect of filing appeal 64\n\nPage\ncontents 6 Personal Violence Act 2016\n90 Definitions—pt 7 65\n91 Recognised orders—applications for registration 65\n92 Recognised orders—registration 65\n93 Effect of registration 66\n94 Registered orders—amendment 66\n95 Registered orders—revocation 66\n96 Recognised orders—amendment 67\n97 Notification by interstate court of registration 67\n98 Publication of reports about proceedings—offence 68\n99 Publication of reports about proceedings—exceptions to offence 69\n100 Effect of availability of workplace protection orders 69\n101 Deciding application if criminal proceedings 70\n102 Criminal and civil liability not affected by protection orders 70\n103 Crimes Act, s 397 (1) 70\n104 Working out time if less than 5 days 70\n105 Regulation-making power 71\nPart 23 Transitional—Justice (Age of Criminal\nResponsibility) Legislation Amendment\nAct 2023\n210 Definitions—pt 23 72\n211 Transitional regulations 72\n212 Expiry—pt 23 73\nDivision 23.2 Ending action etc for personal protection orders\n213 Application—div 23.2 73\n214 Enforcement action 73\n215 Protection order procedures, proceedings etc 74\n\nPage\ncontents 7\nDivision 23.3 Validity of past protection order action\n216 Meaning of past protection order action—div 23.3 75\n217 Past lawful acts not affected 75\n218 Protection from liability 76\n219 No entitlement to compensation etc 76\nPart 24 Transitional—Justice (Age of Criminal\nResponsibility) Legislation Amendment\nAct 2023\nDivision 24.1 General\n220 Definitions—pt 24 77\n221 Transitional regulations 77\n222 Expiry—pt 24 78\nDivision 24.2 Ending action etc for personal protection orders\n223 Application—div 24.2 78\n224 Enforcement action 78\n225 Protection order procedures, proceedings etc 79\nDivision 24.3 Validity of past protection order action\n226 Meaning of past protection order action—div 24.3 80\n227 Past lawful acts not affected 80\n228 Protection from liability 81\n229 No entitlement to compensation etc 81\nSchedule 1 Permitted publication about proceedings 82\n1.1 Definitions—sch 1 82\n1.2 Permitted publication about proceedings 82\nDictionary 84\n1 About the endnotes 90\n2 Abbreviation key 90\n3 Legislation history 91\n\nPage\ncontents 8 Personal Violence Act 2016\n4 Amendment history 93\n5 Earlier republications 102\n6 Expired transitional or validating provisions 103\n7 Modifications of republished law with temporary effect 104\n\nAn Act to protect people from personal violence (other than family violence)\nincluding personal violence in the workplace, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Personal Violence Act 2016.\n","sortOrder":1},{"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":2},{"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","sortOrder":3},{"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 and important concepts Part 2\nObjects Division 2.1\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"1 Objects","content":"Division 2.1 Objects\n","sortOrder":5},{"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 personal violence (other than family\nviolence); and\n(b) to facilitate the safety and protection of people who fear or\nexperience personal violence by—\n(i) providing a legally enforceable mechanism to prevent\npersonal violence; and\n(ii) allowing for the resolution of conflict without the need to\nresort to adjudication; and\n(c) to encourage perpetrators of personal violence to be accountable\nfor their conduct.\nNote The Family Violence Act 2016 deals with protection orders etc for family\n","sortOrder":6},{"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 protection orders to protect\npeople from personal violence; and\n(b) creating offences to enforce protection orders; and\n(c) ensuring that access to the courts is as simple, quick and\ninexpensive as is consistent with justice; and\n(d) recognising registered orders made elsewhere in Australia and\nin New Zealand.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of personal violence","content":"8 Meaning of personal violence\n(1) In this Act:\npersonal violence means any of the following behaviour by a person\nin relation to another person:\n(a) physical violence or abuse;\n(b) sexual violence or abuse;\n(c) threatening behaviour;\n(d) stalking;\n(e) harassing, intimidating or offensive behaviour;\n(f) damaging property.\n(2) For this Act, a reference to personal violence by a person in relation\nto a workplace means behaviour by the person of a kind mentioned\nin—\n(a) subsection (1) (a) to (e) in relation to a person at the workplace;\nor\n(b) subsection (1) (f) in relation to property at the workplace that\ncauses reasonable fear to a person at the workplace.\nNote A workplace protection order is only available in relation to an employee,\nan employer or another person at a workplace and only the employer at\nthe workplace may apply for the order (see s 13 and dict, def affected\nperson).\n(3) However, a person’s conduct is not personal violence if it is family\nNote The Family Violence Act 2016 deals with protection orders etc for family\n\nObjects and important concepts Part 2\nImportant concepts Division 2.2\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Principle about procedures","content":"9 Principle about procedures\nProcedures for this Act are to be as simple, quick and inexpensive as\nis consistent with achieving justice.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Balance of probabilities","content":"10 Balance of probabilities\nIf a court is required to be satisfied about something under this Act,\nthe court must be satisfied on the balance of probabilities.\n","sortOrder":10},{"sectionNumber":"10A","sectionType":"section","heading":"Rules of evidence","content":"10A 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 protection order (see s 59).\n\nDivision 3.1 Matters to be considered when making protection orders\nDivision 3.1 Matters to be considered when\nmaking protection orders\n11 Matters to be considered—protection orders\n(1) In deciding whether to make a protection order, the Magistrates Court\nmust consider the following:\n(a) the objects of this Act in section 6;\n(b) any hardship that may be caused to the respondent or anyone\nelse by the making of the order;\n(c) any previous family violence or personal violence by the\nrespondent in relation to the affected person or anyone else;\n(d) any previous protection order made in relation to the respondent;\n(e) any previous contravention of a protection order by the\n(f) the need to ensure that property is protected from damage.\n(2) The Magistrates Court may also consider anything else the court\nconsiders relevant.\n(3) A failure of the court to comply with subsection (1) in relation to a\nprotection order does not affect the validity of the order.\nprotection order—\n(a) means a protection order under this Act; and\n\nApplications for protection orders Division 3.2\n(b) includes the following:\n(i) a family violence order under the Family Violence\nAct 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 family\nviolence order under the Family Violence Act 2016.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Who may apply for personal protection orders?","content":"12 Who may apply for personal protection orders?\n(1) An affected person may apply to the Magistrates Court for a personal\nprotection order.\nNote A child under 14 years old cannot be a respondent to an application for a\nprotection order (see s 69).\n(2) The following people may apply to the Magistrates Court for a\npersonal protection order for an affected person:\n(a) a police officer;\n\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 If an application for a personal protection order is made by a police\nofficer—the affected person, a litigation guardian or any other person\nwith a right to apply for the affected person may be substituted as the\napplicant for the order (see s 65).\nNote 2 If a form is approved under the Court Procedures Act 2004, s 8 for an\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Who may apply for workplace protection orders?","content":"13 Who may apply for workplace protection orders?\nThe employer for a workplace may apply to the Magistrates Court for\na workplace protection order for an affected person.\n","sortOrder":13},{"sectionNumber":"13A","sectionType":"section","heading":"Child may apply for protection order in same application","content":"13A 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 personal 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 55C).\n\nApplications for protection orders Division 3.2\n","sortOrder":14},{"sectionNumber":"13B","sectionType":"section","heading":"Applications by police officers","content":"13B Applications by police officers\n(1) This section applies if a police officer makes an application for a\npersonal protection order for an affected person.\n(2) The police officer must tell the Magistrates Court whether the\naffected person consents to the application.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Application forms that require affected person’s address","content":"14 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 protection order requires\nthe affected person’s home or work address to be included in the\napplication.\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 64D).\n(3) For this section, if the affected person is not the applicant, affected\nperson includes the applicant.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"What if application is made for the wrong order?","content":"15 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 Family Violence\nAct 2016 could restrain; and\n(c) the application has not been decided.\n\n(2) The Magistrates Court may make a protection order under the Family\nViolence Act 2016 even though that protection order was not properly\napplied 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 Family 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 25 (2) (b)).\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"What if application for the wrong order is decided?","content":"16 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 (the\ninvalid order); and\n(e) had an application been properly made, the court could have\nmade a protection order under the Family Violence Act 2016 of\nthe same kind as the invalid order.\n\n(2) The invalid order is taken to be an order properly applied for and\nvalidly made under the Family Violence Act 2016.\nA personal protection order is made as an interim order under this Act. Later, it is\ndiscovered that the parties had previously been domestic partners, making the\nconduct on which the application for the interim order was based family violence.\nThe interim order made under this Act is taken to be an interim order validly made\nunder the Family 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 25 (2) (b)).\nSubdivision 3.3.1 Making interim orders\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Interim orders—only on application for final order","content":"17 Interim orders—only on application for final order\n(1) The Magistrates Court may make an interim order only on an\napplication for a final order.\n(2) The Magistrates Court may make an interim order at any time before\nthe application for the final order is decided.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Interim orders—grounds for making","content":"18 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 personal violence;\n\n(b) prevent substantial damage to—\n(i) for a personal protection order—an affected person’s\nproperty; or\n(ii) for a workplace protection order—property at a workplace.\nNote The court must consider the matters mentioned in s 11 in deciding\nwhether to make the interim order.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Interim orders—general interim orders and special","content":"19 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) if there is a related charge outstanding in relation to the\nrespondent—a special interim order; 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.\n\nSubdivision 3.3.2 General interim orders\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"General interim orders—only 1 may be made","content":"20 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 24 (General interim orders—further\norders) applies.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"General interim orders—length","content":"21 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 24AA (General interim orders—extension for\nnon-service of application); or\n(b) section 24AB (General interim orders—extension for\nnon-service of final order).\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"General interim orders—ending","content":"22 General interim orders—ending\nA general interim order ends if any of the following happens:\n(a) if a period is stated in the interim order—the period, including\nany extension under section 24AA or section 24AB, 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\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"General interim orders—taken to be special interim","content":"23 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(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 24AD (1)).\n(3) Unless section 24AD (2) applies, the return date for a hearing to\ndecide the application for the final order must be changed after all\nrelated charges are finalised to a day as soon as practicable after the\nday all related charges are finalised.\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"General interim orders—further orders","content":"24 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 21 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\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 77).\n24AA 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.\n24AB 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 (see\ns 24).\n(2) The general interim order is extended—\n(a) until the final order is served on the respondent; or\n\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 27 (Final orders—length), had\nit been served.\nSubdivision 3.3.3 Special interim orders\n24AC 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.\n24AD 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.\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 48 (Applicant not present at return of application);\nor\n(b) under section 49 (Respondent not present at return of\napplication); or\n(c) by consent.\n\n24AE 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\ns 24AD).\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 subsection (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\norder; and\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":26},{"sectionNumber":"24A","sectionType":"section","heading":"Consent to interim order becoming final order","content":"24A 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 64C (1).\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Consent orders","content":"25 Consent orders\n(1) On application for a final order, the Magistrates Court may make an\ninterim or final order with the consent of the parties to the proceeding.\n\nConsent orders Division 3.4\n(2) The order may be made—\n(a) whether or not the parties have attended, or any party has\nattended, before the Magistrates Court in relation to the\napplication; 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 11; and\n(d) without proof or admission of guilt.\nNote Sections 60 and 61 apply to require the Magistrates Court to explain the\norder intended to be made under this section if the party to the order is\n(3) Before making a final order under this section, the Magistrates Court\nmay conduct a hearing in relation to the particulars of the application\nif the court is satisfied 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(5) However, this section does not allow the Magistrates Court to make\na protection order—\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 21 limits the length of a general interim order.\n\n(c) if section 71 (Consent orders—party with impaired\ndecision-making ability) applies.\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Final orders—grounds for making","content":"26 Final orders—grounds for making\nThe Magistrates Court may, on application, make a final order if\nsatisfied that the respondent—\n(a) for a personal protection order—\n(i) has used personal violence in relation to a person; and\n(ii) may engage in personal violence in relation to the person\nduring the time the order is proposed to operate if the order\nis not made; or\n(b) for a workplace protection order—\n(i) has used personal violence in relation to a workplace; and\n(ii) may engage in personal violence in relation to a workplace\nduring the time the order is proposed to operate if the order\nis not made.\nNote 1 The court must consider the matters mentioned in s 11 in deciding\nwhether to make the final order.\nNote 2 This section does not apply to consent orders (see s 25 (2) (b)).\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Final orders—length","content":"27 Final orders—length\n(1) A final order remains in force for—\n(a) 12 months, 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\nConditions of protection orders Division 3.6\n(c) if the Magistrates Court is satisfied that there are special or\nexceptional circumstances that justify a longer period—the\nstated longer period.\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 personal violence by the respondent (see s 80).\n(2) However, a final order made as a consent order must not be longer\nthan 12 months.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Safety of affected person paramount","content":"28 Safety of affected person paramount\nIn deciding the conditions to be included in a protection order, a court\nmust give paramount consideration to the safety and protection of the\naffected person.\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Least restrictive principle","content":"29 Least restrictive principle\nA court must ensure the conditions included in a protection order are\nthe 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 28.\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Conditions—personal protection orders","content":"30 Conditions—personal protection orders\n(1) A personal protection order may include the conditions the\nMagistrates Court considers necessary having regard to section 28\nand section 29.\n(2) Without limiting subsection (1), a personal protection order may do\n1 or more of the following:\n(a) prohibit the respondent from being on premises where the\nprotected person lives;\nNote Section 31 sets out matters to be considered when including a\ncondition prohibiting a respondent from being on premises where\nthe respondent lives.\n\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 that is personal\nviolence in relation to the protected person;\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 Magistrates Court is satisfied that\nthere is an unacceptable risk of the child being exposed to\npersonal violence;\n(j) prohibit the respondent from causing someone else to do\nsomething mentioned in paragraphs (f) to (i);\n(k) 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\nConditions of protection orders Division 3.6\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Exclusion conditions—personal protection orders","content":"31 Exclusion conditions—personal protection orders\n(1) In deciding whether to include an exclusion condition in a personal\nprotection 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;\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 personal protection order seeks an exclusion\ncondition in relation to the respondent and the court decides to make\nthe order without the condition, the court must give reasons for the\ndecision.\nexclusion condition means a condition in a personal protection order\nprohibiting the respondent from being on premises—\n(a) where the respondent lives; or\n\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":34},{"sectionNumber":"32","sectionType":"section","heading":"Conditions—workplace protection orders","content":"32 Conditions—workplace protection orders\n(1) A workplace protection order may include the conditions the\nMagistrates Court considers necessary having regard to section 28\nand section 29.\n(2) Without limiting subsection (1), a workplace protection order may\ndo 1 or more of the following:\n(a) prohibit the respondent from entering the workplace;\n(b) prohibit the respondent from being within a particular distance\nfrom the workplace;\n(c) prohibit the respondent from doing anything that is personal\nviolence in relation to the workplace;\n(d) prohibit the respondent from causing someone else to do\nsomething mentioned in paragraph (c);\n(e) state the conditions on which the respondent may—\n(i) be in the workplace; or\n(ii) approach or contact a particular person.\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Conditions—consent orders","content":"33 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 Magistrates Court to consider whether the\ncondition is necessary.\n\nEffect of protection orders Division 3.7\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Conditions may apply for shorter time than order","content":"34 Conditions may apply for shorter time than order\nA condition in a protection order may have effect for a period stated\nin the protection order that is shorter than the period of the order.\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Offence—contravention of protection order","content":"35 Offence—contravention of protection order\n(1) This section applies to a person against whom a protection order is\nmade if the person—\n(a) was present when the protection order was made; or\n(b) has been personally served in accordance with this Act with a\ncopy of the protection order.\n(2) The person commits an offence if the person engages in conduct that\ncontravenes the protection order (including a condition of the order).\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","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Interim orders—respondent’s firearms","content":"36 Interim orders—respondent’s firearms\n(1) This section applies if an interim order is made against a respondent\nwho is the holder of a firearms licence.\n(2) Unless the Magistrates Court makes an order under subsection (3),\nthe respondent’s firearms licence is suspended until the interim order\nends.\n\n(3) The Magistrates Court may order the non-suspension of a\nrespondent’s firearms licence—\n(a) if the parties to a consent order agree to the non-suspension; or\n(b) otherwise, only if the court is satisfied that the licence should\nnot be suspended.\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Final orders—respondent’s firearms","content":"37 Final orders—respondent’s firearms\n(1) This section applies if a final order is made against a respondent who\nis the holder of a firearms licence.\n(2) Unless the Magistrates Court makes an order under subsection (3),\nthe respondent’s firearms licence is cancelled.\n(3) The Magistrates Court may order the non-cancellation of a\nrespondent’s firearms licence—\n(a) if the parties to a consent order agree to the non-cancellation; or\n(b) otherwise, only if the court is satisfied that the licence should\nnot be cancelled.\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Firearm licences—other conditions and orders","content":"38 Firearm licences—other conditions and orders\n(1) If a respondent’s firearms licence is suspended or cancelled under\nsection 36 (2) or section 37 (2), the Magistrates Court 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(2) If a respondent’s firearms licence is not suspended or cancelled under\nan order under section 36 (3) or section 37 (3)—\n(a) the Magistrates Court may make conditions about the use or\npossession of a firearm to which the licence applies; and\n(b) a copy of the order must be given to the registrar of firearms;\nand\n\nEffect of protection orders Division 3.7\n(c) any condition of the licence imposed under the\nFirearms Act 1996 is taken to be a condition of the order; and\n(d) if the licence is suspended or revoked by the registrar under the\nFirearms Act 1996—\n(i) it is a condition of the order that the respondent notifies the\ncourt about the suspension or revocation; and\n(ii) the court may amend the order.\n","sortOrder":41},{"sectionNumber":"38A","sectionType":"section","heading":"Protection order continues in force when protected","content":"38A Protection order continues in force when protected\nperson becomes adult\n(a) the court makes protection 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\n39 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":42},{"sectionNumber":"40","sectionType":"section","heading":"Interim order not sought","content":"40 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 43.\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":43},{"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 64A).\n(3) If the Magistrates Court decides not to hold a preliminary conference,\n(a) set a return date;\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Interim order sought","content":"41 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 43.\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 64A).\n(4) If the Magistrates Court decides not to hold a preliminary conference,\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 23 (General interim orders—taken\nto be special interim orders if related charges laid) before a\npreliminary conference is held.\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Service of application etc on others","content":"42 Service of application etc on others\n(1) This section applies to a document required to be served under\nsection 40 or section 41.\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 64F 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":46},{"sectionNumber":"43","sectionType":"section","heading":"Preliminary conferences—generally","content":"43 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 60 and s 61).\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\nprotection order is generally inadmissible as evidence in the proceeding\n(see s 57).\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Adjournment of preliminary conference for non-service","content":"44 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 40 or section 41; and\n(c) the registrar is satisfied the respondent may be served in\naccordance with section 40 or section 41 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 an interim order (see s 24AA).\n","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"If no consent order at preliminary conference","content":"45 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\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\n","sortOrder":49},{"sectionNumber":"46","sectionType":"section","heading":"Referrals to mediation","content":"46 Referrals to mediation\n(1) This section applies if, at any time during the preliminary conference\nfor an application for a protection order, the registrar is satisfied that\nthe application is likely to be more effectively resolved by mediation\nthan by a hearing.\n(a) recommend to the parties to the application that they seek\nmediation; and\n(b) give the parties information about mediation; and\n(c) adjourn the preliminary conference until a stated date to allow\nfor mediation to happen.\nNote The Court Procedures Act 2004, pt 5A (Mediation) applies to a mediation\nin relation to a proceeding in a court.\n","sortOrder":50},{"sectionNumber":"47","sectionType":"section","heading":"Meaning of returned before the court—div 4.2A","content":"47 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":51},{"sectionNumber":"48","sectionType":"section","heading":"Applicant not present at return of application","content":"48 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\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 22 and\ns 24AC).\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Respondent not present at return of application","content":"49 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 40 or section 41; 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(ii) adjourn the proceeding until the respondent is brought\n(3) This section does not prevent the Magistrates Court from making an\ninterim order in the proceeding.\n","sortOrder":53},{"sectionNumber":"49A","sectionType":"section","heading":"Neither party present at return of application","content":"49A 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\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Hearings usually in public","content":"53 Hearings usually in public\nThe hearing of an application for a protection order must be in public\nunless—\n(a) section 54 applies; or\n(b) the court makes an order under section 55.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Public hearing not required","content":"54 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\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(2) In this section:\nreturned, in relation to an application for a protection order—see\nsection 47.\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Closed hearings in special circumstances","content":"55 Closed hearings in special circumstances\n(1) The Magistrates Court when hearing an application for a protection\norder may, if satisfied that it is in the interests of safety, justice or the\npublic to do so, make an 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\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(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; 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\n","sortOrder":57},{"sectionNumber":"55A","sectionType":"section","heading":"Notice of grounds of defence","content":"55A 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","sortOrder":58},{"sectionNumber":"55B","sectionType":"section","heading":"Applicant may rely on additional information in hearing","content":"55B 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\n","sortOrder":59},{"sectionNumber":"55C","sectionType":"section","heading":"If child and child’s parent are affected people","content":"55C 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 personal violence by a respondent in a\nproceeding—\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 13A—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":60},{"sectionNumber":"55D","sectionType":"section","heading":"Children as witnesses","content":"55D 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 if the child gives\nevidence.\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":61},{"sectionNumber":"56","sectionType":"section","heading":"Discontinuance","content":"56 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 67).\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":62},{"sectionNumber":"57","sectionType":"section","heading":"Admissibility of preliminary conference evidence","content":"57 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":63},{"sectionNumber":"57A","sectionType":"section","heading":"Giving evidence by affidavit for interim order","content":"57A Giving evidence by affidavit for interim order\n(1) This section applies if a police officer applies for a personal\nprotection order on 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":64},{"sectionNumber":"58","sectionType":"section","heading":"Undertakings by respondent","content":"58 Undertakings by respondent\nBefore a court accepts an undertaking from a respondent in a\nproceeding for a protection 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 personal violence;\n(d) evidence of a breach of the undertaking may be used in evidence\nin a later proceeding.\n","sortOrder":65},{"sectionNumber":"59","sectionType":"section","heading":"Court may inform itself","content":"59 Court may inform itself\nA court may inform itself in any way it considers appropriate in a\nproceeding for a protection order.\n\nMaking of protection orders Division 4.4\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Explaining orders if respondent present","content":"60 Explaining orders if respondent present\n(a) the Magistrates 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 unless the\nMagistrates Court otherwise orders.\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, if a State, another Territory or New Zealand has legislation\nthat corresponds to this Act, the order may be registered, and\nenforced, in the State, Territory or New Zealand without notice\nof registration being given to the respondent.\nNote Pt 7 deals with the registration of protection orders from other\njurisdictions in the ACT.\n(3) Before making a consent order, the Magistrates Court must explain\nto the respondent, 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 Magistrates Court to comply with this section in\nrelation to a protection order does not affect the validity of the order.\n\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Explaining orders if protected person present","content":"61 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 unless the\nMagistrates Court otherwise orders.\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, if the protected person aids or abets the respondent to\ncommit an offence against section 35 (Offence—contravention\nof protection order), the protected person may also commit an\noffence; and\n(e) that, if a State, another Territory or New Zealand has legislation\nthat corresponds to this Act, the order may be registered, and\nenforced, in the State, Territory or New Zealand without notice\nof registration being given to the respondent.\nNote 1 Pt 7 deals with the registration of protection orders from other\njurisdictions in the ACT.\nNote 2 The Criminal Code, pt 2.4 deals with offences of aiding and abetting.\n(3) Before making a consent order, the Magistrates Court must explain\nto the protected person, in language likely to be readily understood\nby the person, the matters mentioned in subsection (2) (a) to (e).\n\nService of documents Division 4.4A\n(4) A failure of the Magistrates Court to comply with this section in\nrelation to a protection order does not affect the validity of the order.\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Reasons for order","content":"62 Reasons for order\n(1) If the Magistrates Court makes a protection order, the court must\nrecord the reasons for 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":69},{"sectionNumber":"63","sectionType":"section","heading":"Orders generally not to include protected person’s","content":"63 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 protection 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 or registrar making the order is satisfied that the\nrespondent already knows the address.\n(2) For this section, if the protected person is not the applicant, protected\nperson includes the applicant.\n","sortOrder":70},{"sectionNumber":"64A","sectionType":"section","heading":"Personal service of application on respondent","content":"64A 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":71},{"sectionNumber":"64B","sectionType":"section","heading":"Dismissal of application for non-service","content":"64B 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 64A; 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":72},{"sectionNumber":"64C","sectionType":"section","heading":"Service of protection orders","content":"64C Service of protection orders\n(1) If the Magistrates Court makes a protection order, the registrar\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 Section 64F 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 80A (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 64A (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":73},{"sectionNumber":"64D","sectionType":"section","heading":"Self-represented parties","content":"64D 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 Magistrates Court requires a document to be served by a\npolice officer, the registrar must serve any document required to be\nserved by the self-represented party.\n(3) Any address for service given to the Magistrates Court must not be\ngiven to the other party without the self-represented party’s consent.\n\n","sortOrder":74},{"sectionNumber":"64E","sectionType":"section","heading":"Service of documents by police","content":"64E Service of documents by police\nThe Magistrates Court may direct that a document required to be\nserved on someone be served by a police officer.\n","sortOrder":75},{"sectionNumber":"64F","sectionType":"section","heading":"Giving documents to child or child’s parent or guardian","content":"64F 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":76},{"sectionNumber":"64G","sectionType":"section","heading":"Affidavit of service of documents by police","content":"64G 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\nDivision 4.5 Other procedural matters\n","sortOrder":77},{"sectionNumber":"65","sectionType":"section","heading":"Police officer party to proceeding for personal protection","content":"65 Police officer party to proceeding for personal protection\norder—substitution of applicant etc\n(1) This section applies if a police officer applies for a personal\nprotection order for an affected person under section 12 (2) (a).\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 personal protection order, the police officer may\nbe represented by—\n(a) another police officer; or\n(b) a person nominated by the chief police officer.\n","sortOrder":78},{"sectionNumber":"65A","sectionType":"section","heading":"Request for further particulars","content":"65A Request for further particulars\nA party may only seek further particulars of an applicant for a\nprotection order with the Magistrate Court’s leave.\n","sortOrder":79},{"sectionNumber":"67","sectionType":"section","heading":"Costs","content":"67 Costs\n(1) Each party to a proceeding for a protection order is responsible for\nthe party’s own costs of the proceeding.\n(2) However, the Magistrates Court may make an order about costs\nagainst—\n(a) the applicant for a protection order only if the court is satisfied\nthe application was vexatious, frivolous or in bad faith; or\n\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 49A (Neither party present at return of application), the court must not\nmake an order about costs (see s 49A (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 Magistrates Court orders costs against a party to a proceeding\n(the payee) for a protection order, the amount must not be more than\nthe costs 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.\nDivision 4.6 Party with impaired decision-making\n","sortOrder":80},{"sectionNumber":"68","sectionType":"section","heading":"Meaning of impaired decision-making ability","content":"68 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\nParty with impaired decision-making ability Division 4.6\n(c) subject to section 69, 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":81},{"sectionNumber":"69","sectionType":"section","heading":"Child respondents","content":"69 Child respondents\nA child under 14 years old cannot be a respondent to an application\nfor a protection order.\n","sortOrder":82},{"sectionNumber":"70","sectionType":"section","heading":"Representation—party with impaired decision-making","content":"70 Representation—party with impaired decision-making\n(a) the Magistrates Court considers that a party to a proceeding for\na protection order has impaired decision-making ability; and\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 Magistrates 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\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 the Magistrates Court from making\nan interim order against a respondent with impaired decision-making\nability if the court is satisfied of the matters mentioned in section 18\n(Interim orders—grounds for making).\nNote A child under 14 years old cannot be a respondent to an application for a\nprotection order (see s 69).\nLegal Aid ACT—see the Legal Aid ACT 1977, section 94\n(Commission to operate as Legal Aid ACT).\n","sortOrder":83},{"sectionNumber":"71","sectionType":"section","heading":"Consent orders—party with impaired decision-making","content":"71 Consent orders—party with impaired decision-making\n(a) the Magistrates Court is considering an application for a consent\norder; 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 Magistrates 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\nAppointment etc of litigation guardian Division 4.7\n","sortOrder":84},{"sectionNumber":"72","sectionType":"section","heading":"Litigation guardian—appointment","content":"72 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 protection 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(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":85},{"sectionNumber":"73","sectionType":"section","heading":"Litigation guardian—powers","content":"73 Litigation guardian—powers\n(1) This section applies if a litigation guardian has been appointed under\nsection 72 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\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":86},{"sectionNumber":"74","sectionType":"section","heading":"Litigation guardian—responsibilities","content":"74 Litigation guardian—responsibilities\nThe litigation guardian of a person with impaired decision-making\nability in a proceeding for a protection order must do everything that\nis necessary in the proceeding to protect the person’s interests.\n","sortOrder":87},{"sectionNumber":"75","sectionType":"section","heading":"Litigation guardian—removal","content":"75 Litigation guardian—removal\n(1) The Magistrates Court may in a proceeding for a protection 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(2) An applicant for an order under subsection (1) must, unless the\nMagistrates Court otherwise directs, serve notice of the application\non the person whose removal is sought and on the person with\nimpaired decision-making ability in the proceeding.\n(3) An application under subsection (1) may be made by a party to the\nproceeding or anyone else.\n\nAmendment of protection orders Part 5\n","sortOrder":88},{"sectionNumber":"76","sectionType":"section","heading":"Amendment of protection orders—who may apply","content":"76 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":89},{"sectionNumber":"76A","sectionType":"section","heading":"Amendment of protection orders—preliminary","content":"76A Amendment of protection orders—preliminary\nconferences\n(1) If the Magistrates Court receives an application under section 76, 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\nNote Words spoken or anything done at the preliminary conference that\nis related to a question to be decided by the court in a proceeding\nfor the protection order is generally inadmissible as evidence in the\nproceeding (see s 57).\n(3) If the Magistrates Court decides to hold a preliminary conference, the\n(4) If the Magistrates Court decides not to hold a preliminary conference,\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\nAmendment of protection orders Part 5\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":90},{"sectionNumber":"77","sectionType":"section","heading":"Amendment of protection orders","content":"77 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.\nExamples\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\n(b) the court has considered those grounds.\n","sortOrder":91},{"sectionNumber":"78","sectionType":"section","heading":"Final orders—temporary amendment","content":"78 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":92},{"sectionNumber":"79","sectionType":"section","heading":"Interim orders made by consent—extension","content":"79 Interim orders made by consent—extension\nThe Magistrates Court may, on application, amend an interim order\nmade as a consent order by extending it for an additional stated\nperiod, or further additional stated period.\n","sortOrder":93},{"sectionNumber":"80","sectionType":"section","heading":"Final orders—extension","content":"80 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 personal 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":94},{"sectionNumber":"80A","sectionType":"section","heading":"Special interim orders—application for review","content":"80A 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 19 deals with the making of general interim orders and special\ninterim orders.\nNote 2 Section 83 also applies to applications for review of consent orders.\n","sortOrder":95},{"sectionNumber":"80B","sectionType":"section","heading":"Special interim orders—review","content":"80B Special interim orders—review\n(1) On hearing an application for review under section 80A, 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\nsatisfied that the special interim order is no longer necessary for the\nprotection 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":96},{"sectionNumber":"81","sectionType":"section","heading":"Final orders—application for review","content":"81 Final orders—application for review\n(1) This section applies to an application for review of a final order (the\noriginal order).\nNote Section 83 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.\nprotected person means the protected person in relation to the\nrespondent means the respondent to the original order.\n\n","sortOrder":97},{"sectionNumber":"82","sectionType":"section","heading":"Final orders—review","content":"82 Final orders—review\n(1) On hearing an application under section 81 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 court is satisfied that the original order is no longer\nnecessary 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 court is satisfied the child\nis no longer in need of the protection provided by the\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":98},{"sectionNumber":"83","sectionType":"section","heading":"Consent orders—review","content":"83 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\n","sortOrder":99},{"sectionNumber":"83A","sectionType":"section","heading":"Review of orders—preliminary conferences","content":"83A Review of orders—preliminary conferences\n(1) If the Magistrates Court receives an application under section 81, 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 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\nprotection order is generally inadmissible as evidence in the proceeding\n(see s 57).\n(3) If the Magistrates Court holds a preliminary conference, the registrar\nmust do the following:\n\n(4) If the Magistrates Court does not 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(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":100},{"sectionNumber":"83B","sectionType":"section","heading":"Magistrate review of registrar decisions","content":"83B 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\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 49 (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":101},{"sectionNumber":"84","sectionType":"section","heading":"Appealable decisions","content":"84 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 83 made on the review of a\nconsent order.\n","sortOrder":102},{"sectionNumber":"85","sectionType":"section","heading":"Appeals to Supreme Court","content":"85 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":103},{"sectionNumber":"87","sectionType":"section","heading":"Evidence on appeal","content":"87 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":104},{"sectionNumber":"88","sectionType":"section","heading":"Powers of Supreme Court on appeal","content":"88 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":105},{"sectionNumber":"89","sectionType":"section","heading":"Effect of filing appeal","content":"89 Effect of filing appeal\nThe filing of an appeal against the making or amending of a final\norder under this Act does not affect the operation of the order.\n\nReciprocal arrangements Part 7\n","sortOrder":106},{"sectionNumber":"90","sectionType":"section","heading":"Definitions—pt 7","content":"90 Definitions—pt 7\nrecognised court means a court of a State, another Territory or New\nZealand that may make a recognised order.\nrecognised order means an order, under a law of a State, another\nTerritory or New Zealand, that corresponds to a protection order.\nregistered order—\n(a) means a recognised order registered under section 92 or\nsection 94; and\n(b) includes a registered order amended as if it were a final order.\n","sortOrder":107},{"sectionNumber":"91","sectionType":"section","heading":"Recognised orders—applications for registration","content":"91 Recognised orders—applications for registration\n(1) A person may apply to the registrar for registration of a recognised\n(2) The application must be accompanied by the recognised order or a\ncertified copy of the recognised order.\n","sortOrder":108},{"sectionNumber":"92","sectionType":"section","heading":"Recognised orders—registration","content":"92 Recognised orders—registration\n(1) On receiving an application under section 91 for registration of a\nrecognised order, the registrar must register the order unless the\nrespondent to the order was under 14 years old when the recognised\norder was made.\n(2) If the registrar registers a recognised order, the registrar must—\n(a) give the chief police officer a copy of—\n(i) the application for registration; and\n\n(ii) the registered order; and\n(b) tell the recognised court, in writing, that the order has been\nregistered.\n","sortOrder":109},{"sectionNumber":"93","sectionType":"section","heading":"Effect of registration","content":"93 Effect of registration\nA registered order—\n(a) is enforceable in the ACT as if it were a final order that had been\npersonally served on the respondent; and\n(b) may be amended or revoked in the same way as a final order.\n","sortOrder":110},{"sectionNumber":"94","sectionType":"section","heading":"Registered orders—amendment","content":"94 Registered orders—amendment\nIf a registered order is amended under this Act, the registrar must tell\nthe recognised court that made the order, in writing, about the\namendment.\n","sortOrder":111},{"sectionNumber":"95","sectionType":"section","heading":"Registered orders—revocation","content":"95 Registered orders—revocation\n(a) a recognised court tells the registrar that a registered order has\nbeen revoked; or\n(b) the respondent to a recognised order registered under section 92\nwas under 14 years old when the recognised order was made.\n(a) cancel the registration of the registered order; and\n(b) tell the chief police officer and the person protected by the order\nabout the cancellation.\n\nReciprocal arrangements Part 7\n","sortOrder":112},{"sectionNumber":"96","sectionType":"section","heading":"Recognised orders—amendment","content":"96 Recognised orders—amendment\n(1) This section applies if a recognised court tells the registrar that a\nrecognised order (the original order) registered under this part has\nbeen amended.\n(a) cancel the registration of the original order; and\n(b) register the recognised order (the amended order) as amended.\n(3) The amended order takes effect on the cancellation of the registration\nof the original order.\n(4) If a breach of the original order that is not enforced before the original\norder is cancelled would amount to a breach of the amended order,\nthe breach may be enforced as if it were a breach of the amended\n","sortOrder":113},{"sectionNumber":"97","sectionType":"section","heading":"Notification by interstate court of registration","content":"97 Notification by interstate court of registration\n(a) a recognised court tells the Magistrates Court that it has\nregistered a protection order; and\n(b) the Magistrates Court amends or revokes the order.\n(2) The Magistrates Court must—\n(a) tell the recognised court, in writing, that the order has been\namended or revoked; and\n(b) if the order has been amended—give the recognised court a copy\nof the order as amended.\n\n","sortOrder":114},{"sectionNumber":"98","sectionType":"section","heading":"Publication of reports about proceedings—offence","content":"98 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 protection 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.\n(2) In this section:\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 8\nOther matters Division 8.2\n","sortOrder":115},{"sectionNumber":"99","sectionType":"section","heading":"Publication of reports about proceedings—exceptions to","content":"99 Publication of reports about proceedings—exceptions to\noffence\n(1) Section 98 does not prevent—\n(a) a party to a proceeding for a protection 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\nprotection order if the publication is a permitted publication\nabout proceedings mentioned in schedule 1, section 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 98 only if satisfied that—\n(a) it is in the public interest; or\n(b) it will promote compliance with the protection order; or\n(c) it is necessary for the proper operation of this Act.\n","sortOrder":116},{"sectionNumber":"100","sectionType":"section","heading":"Effect of availability of workplace protection orders","content":"100 Effect of availability of workplace protection orders\nThe availability of a workplace protection order under this Act does\nnot create a new right or obligation in relation to any employment\nrelationship.\n\n","sortOrder":117},{"sectionNumber":"101","sectionType":"section","heading":"Deciding application if criminal proceedings","content":"101 Deciding application if criminal proceedings\nThe power of a court to make, amend or revoke a protection order in\nrelation to a person may be exercised even if the person has been\ncharged with, or convicted or found guilty of, an offence arising out\nof the same conduct as that out of which the application for the order\narose.\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 19 (1) (a)).\n","sortOrder":118},{"sectionNumber":"102","sectionType":"section","heading":"Criminal and civil liability not affected by protection","content":"102 Criminal and civil liability not affected by protection\norders\nThe making, amendment or revocation of a protection order does not,\nexcept as provided by this Act, affect the civil or criminal liability of\nthe respondent in relation to the same conduct as that out of which the\napplication for the order arose.\n","sortOrder":119},{"sectionNumber":"103","sectionType":"section","heading":"Crimes Act, s 397 (1)","content":"103 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":120},{"sectionNumber":"104","sectionType":"section","heading":"Working out time if less than 5 days","content":"104 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\nMiscellaneous Part 8\nOther matters Division 8.2\n","sortOrder":121},{"sectionNumber":"105","sectionType":"section","heading":"Regulation-making power","content":"105 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\n","sortOrder":122},{"sectionNumber":"Part 23","sectionType":"part","heading":"Transitional—Justice (Age of","content":"Part 23 Transitional—Justice (Age of\nCriminal Responsibility)\nLegislation Amendment Act 2023\n","sortOrder":123},{"sectionNumber":"210","sectionType":"section","heading":"Definitions—pt 23","content":"210 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 protection order was made when the\nchild was under 12 years old\ncommencement day means the day the Justice (Age of Criminal\nResponsibility) Legislation Amendment Act 2023, section 120\ncommences.\n","sortOrder":124},{"sectionNumber":"211","sectionType":"section","heading":"Transitional regulations","content":"211 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 personal protection orders Division 23.2\n","sortOrder":125},{"sectionNumber":"212","sectionType":"section","heading":"Expiry—pt 23","content":"212 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":126},{"sectionNumber":"Div 23","sectionType":"division","heading":"2 Ending action etc for personal","content":"Division 23.2 Ending action etc for personal\nprotection orders\n","sortOrder":127},{"sectionNumber":"213","sectionType":"section","heading":"Application—div 23.2","content":"213 Application—div 23.2\nThis division applies, despite any territory law to the contrary, to a\nchild respondent.\n","sortOrder":128},{"sectionNumber":"214","sectionType":"section","heading":"Enforcement action","content":"214 Enforcement action\n(1) Enforcement action carried out by a police officer before the\ncommencement day in a proceeding for a protection order against a\nchild 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.\n\nDivision 23.2 Ending action etc for personal protection orders\nM 215 Protection 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—\n(i) section 12 for a protection order against a child respondent;\nor\n(ii) section 13 for a workplace protection order against a child\n(b) an application under section 76 for amendment of a protection\n(c) an application under section 81 for review of a final order made\nagainst a child respondent;\n(d) an application under section 83 for review of a consent order\nmade against a child respondent;\n(e) an application under section 91 for registration of a recognised\n(f) an application under section 93 (b) for the amendment or\nrevocation of a registered order made against a child respondent.\n(2) A warrant issued under section 49 for a child respondent is revoked\nand ceases to have effect on the commencement day.\n(3) 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(4) A registered order made against a child respondent is revoked on the\n\nValidity of past protection order action Division 23.3\nrecognised order—see section 90.\nregistered order—see section 90.\nDivision 23.3 Validity of past protection order\naction\n","sortOrder":129},{"sectionNumber":"216","sectionType":"section","heading":"Meaning of past protection order action—div 23.3","content":"216 Meaning of past protection order action—div 23.3\nIn this division:\nprotection order action, in relation to a child respondent, includes\nany of the following:\n(a) making an application mentioned in section 215 (1);\n(b) arresting or detaining the respondent under this Act;\n(c) making, amending or revoking a protection order against the\n(d) administering or enforcing a protection order against the\n(e) making or enforcing a requirement for a person to pay costs in\nrelation to a proceeding for a protection order against the\nrespondent.\n","sortOrder":130},{"sectionNumber":"217","sectionType":"section","heading":"Past lawful acts not affected","content":"217 Past lawful acts not affected\nThe commencement of the Justice (Age of Criminal Responsibility)\nLegislation Amendment Act 2023 does not affect the validity of\nprotection order action in relation to a child respondent done under a\nterritory law before the commencement day.\n\nDivision 23.3 Validity of past protection order action\n","sortOrder":131},{"sectionNumber":"218","sectionType":"section","heading":"Protection from liability","content":"218 Protection from liability\n(1) A person is not personally liable for any protection order action in\nrelation to a child respondent done or omitted to be done honestly and\nwithout 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":132},{"sectionNumber":"219","sectionType":"section","heading":"No entitlement to compensation etc","content":"219 No entitlement to compensation etc\nA child respondent to a proceeding for a protection 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\nprotection order action in the proceeding.\n\nGeneral Division 24.1\n","sortOrder":133},{"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":134},{"sectionNumber":"Div 24","sectionType":"division","heading":"1 General","content":"Division 24.1 General\nM 220 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 121\ncommences.\n","sortOrder":135},{"sectionNumber":"221","sectionType":"section","heading":"Transitional regulations","content":"221 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 personal protection orders\n222 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 personal\nprotection orders\n","sortOrder":136},{"sectionNumber":"223","sectionType":"section","heading":"Application—div 24.2","content":"223 Application—div 24.2\nThis division applies, despite any territory law to the contrary, to a\nchild respondent.\n","sortOrder":137},{"sectionNumber":"224","sectionType":"section","heading":"Enforcement action","content":"224 Enforcement action\n(1) Enforcement action carried out by a police officer before the\ncommencement day in a proceeding for a protection order against a\nchild 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.\n\nEnding action etc for personal protection orders Division 24.2\nM 225 Protection 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—\n(i) section 12 for a protection order against a child respondent;\nor\n(ii) section 13 for a workplace protection order against a child\n(b) an application under section 76 for amendment of a protection\n(c) an application under section 81 for review of a final order made\nagainst a child respondent;\n(d) an application under section 83 for review of a consent order\nmade against a child respondent;\n(e) an application under section 91 for registration of a recognised\n(f) an application under section 93 (b) for the amendment or\nrevocation of a registered order made against a child respondent.\n(2) A warrant issued under section 49 for a child respondent is revoked\nand ceases to have effect on the commencement day.\n(3) 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(4) A registered order made against a child respondent is revoked on the\n\nPart 24 Transitional—Justice (Age of Criminal Responsibility) Legislation\nDivision 24.3 Validity of past protection order action\nrecognised order—see section 90.\nregistered order—see section 90.\nDivision 24.3 Validity of past protection order\naction\n","sortOrder":138},{"sectionNumber":"226","sectionType":"section","heading":"Meaning of past protection order action—div 24.3","content":"226 Meaning of past protection order action—div 24.3\nIn this division:\nprotection order action, in relation to a child respondent, includes\nany of the following:\n(a) making an application mentioned in section 215 (1);\n(b) arresting or detaining the respondent under this Act;\n(c) making, amending or revoking a protection order against the\n(d) administering or enforcing a protection order against the\n(e) making or enforcing a requirement for a person to pay costs in\nrelation to a proceeding for a protection order against the\nrespondent.\n","sortOrder":139},{"sectionNumber":"227","sectionType":"section","heading":"Past lawful acts not affected","content":"227 Past lawful acts not affected\nThe commencement of the Justice (Age of Criminal Responsibility)\nLegislation Amendment Act 2023 does not affect the validity of\nprotection order action in relation to a child respondent done under a\nterritory law before the commencement day.\n\nValidity of past protection order action Division 24.3\n","sortOrder":140},{"sectionNumber":"228","sectionType":"section","heading":"Protection from liability","content":"228 Protection from liability\n(1) A person is not personally liable for any protection order action in\nrelation to a child respondent done or omitted to be done honestly and\nwithout 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":141},{"sectionNumber":"229","sectionType":"section","heading":"No entitlement to compensation etc","content":"229 No entitlement to compensation etc\nA child respondent to a proceeding for a protection 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\nprotection order action in the proceeding.\n\n","sortOrder":142},{"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 99 (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 given to a criminal justice entity under the Crimes (Sentencing)\nAct 2005, section 136 (Information exchanges between criminal justice\nentities)\n3 information given to the director-general in relation to the exercise of the\ndirector-general’s functions\n4 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\n5 information given to the public advocate in relation to the exercise of the public\nadvocate’s functions\n\nPermitted publication about proceedings Schedule 1\nSection 1.2\ncolumn 1\nitem\ncolumn 2\npermitted publication about proceedings\n6 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\n7 matter published in law reports or other technical or professional publications\n8 matter given to someone in relation to the person’s professional practice\n9 information about a party to a proceeding, or a protection order made in the\nproceeding, communicated to another person, with the party’s permission, for\nthe purpose of organising the party’s personal affairs\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• contravene\n• director of public prosecutions\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—\n(a) in relation to personal violence at a workplace—the following\npeople against whom personal violence has been, or is likely to\nbe, committed:\n(i) an employee at the workplace;\n(ii) the employee’s employer;\n(iii) any other person in the workplace; or\n\n(b) in relation to other personal violence—a person against whom\npersonal violence has been, or is likely to be, committed.\nNote Personal violence does not include family violence which is dealt with\nunder the Family Violence Act 2016 (see s 8 (2)).\namend, a protection 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 84.\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 17). 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\nproceeding)—see schedule 1, section 1.1.\ncare and protection chapters, for schedule 1 (Permitted publication\nabout proceeding)—see schedule 1, section 1.1.\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).\nconsent order means a protection order made under section 25.\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.\ndisability guardian, of a person—see the Guardianship and\nManagement of Property Act 1991, dictionary, definition of\nguardian.\nemployee means an individual engaged by someone—\n(a) under a contract of service; or\n(b) under a contract for services; or\n(c) under an apprenticeship; or\n(d) under an approved training contract under the Training and\nTertiary Education Act 2003; or\n(e) to work for the person as a volunteer.\nemployer means someone who engages an individual—\n(a) under a contract of service; or\n(b) under a contract for services; or\n(c) under an apprenticeship; or\n(d) under an approved training contract under the Training and\nTertiary Education Act 2003; or\n(e) to work as a volunteer.\nfamily violence—see the Family Violence Act 2016, section 8.\nfinal order means a protection order that is not an interim order, and\nincludes 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.\n\ngeneral interim order—\n(a) means a protection order (including a consent order) made under\nsection 19 (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.\nimpaired decision-making ability—see section 68.\ninterim order means—\n(a) a general interim order; or\n(b) a special interim order.\nlitigation guardian, of a person, means a person appointed in\naccordance with section 72.\npersonal protection order means an interim or final order other than\na workplace protection order.\npersonal violence—see section 8.\nNote Personal violence does not include family violence (see s 8 (3)).\nproceeding, for a protection order, includes a proceeding to review\nthe order under part 6.\nNote As a protection order includes an order amending a protection order (see\ndef protection order), a proceeding for a protection order includes a\nproceeding to amend the order.\nprotected person means the person protected under a protection\nprotection order—\n(a) means—\n(i) an interim personal or workplace protection order; or\n(ii) a final personal or workplace protection order; and\n\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 temporary amendment under section 78.\nrecognised court, for part 7 (Reciprocal arrangements)—see\nrecognised order, for part 7 (Reciprocal arrangements)—see\nregistered order, for part 7 (Reciprocal arrangements)—see\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 the respondent to the application; and\n(b) the offence is against the affected person.\nrespondent means a person—\n(a) in relation to whom an application for a protection order has\nbeen made; or\n(b) against whom a protection order has been made.\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 47.\nrevoke includes cancel.\n\nspecial interim order—\n(a) means a protection order (including a consent order) made under\nsection 19 (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.\ntiming notice, for a preliminary conference—see section 39.\nworkplace protection order means an interim or final order\nrestraining a person from personal violence in relation to a workplace.\nNote See s 8 (2) for the meaning of personal violence by a person in relation\nto a workplace.\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.\n","sortOrder":143},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 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\nPersonal Violence Act 2016 A2016-43\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nremainder commenced 1 May 2017 (s 2 and see Family Violence\nAct 2016 A2016-42 s 2 (2) (as am by A2017-10 s 7))\nas amended by\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 pt 4\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\npt 4 commenced 1 May 2017 (LA s 79A and see Family Violence\nAct 2016 A2016-42 (s 2 (2) as am by this Act s 7))\nCrimes Legislation Amendment Act 2019 A2019-23 pt 12\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 12 commenced 15 August 2019 (s 2 (1))\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.16\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.16 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.13\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.13 commenced 20 February 2021 (s 2 (1))\nSexual Assault Reform Legislation Amendment Act 2023 A2023-15\npt 5, sch 1, sch 2 pt 2.3\nnotified LR 17 May 2023\ns 1, s 2 commenced 17 May 2023 (LA s 75 (1))\npt 5, sch 1, sch 2 pt 2.3 commenced 24 May 2023 (s 2)\n\n3 Legislation history\nAct 2023 A2023-45 pt 8\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\ns 110, s 112, s 114, s 116, s 118, s 120 commenced\n22 November 2023 (s 2 (1))\npt 8 remainder commenced 1 July 2025 (s 2 (3))\nSexual, Family and Personal Violence Legislation Amendment\nAct 2024 A2024-40 pt 5\nnotified LR 12 September 2024\ns 1, s 2 commenced 12 September 2024 (LA s 75 (1))\npt 5 commenced 19 September 2024 (s 2)\nas modified by\nPersonal Violence (Transitional Provisions) Regulation 2025\nnotified LR 8 July 2025\ns 1, s 2 taken to have commenced 22 November 2023 (LA s 75 (2))\ns 3, sch 1 taken to have commenced 22 November 2023 (s 2 (1) and\nsee Justice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 s 2 (1))\nremainder taken to have commenced 1 July 2025 (s 2 (2) and see\nAct 2023 A2023-45 s 2 (3))\n\nCommencement\ns 2 om LA s 89 (4)\nPrinciple about procedures\ns 9 am A2017-10 s 70\nRules of evidence\ns 10A ins A2017-10 s 71\nMatters to be considered—protection orders\ns 11 am A2017-10 s 72, s 73; ss and pars renum R1 LA\nWho may apply for personal protection orders?\ns 12 am A2023-45 s 110, s 111\nChild may apply for protection order in same application as parent\ns 13A ins A2017-10 s 74\nApplications by police officers\ns 13B ins A2017-10 s 74\nApplication forms that require affected person’s address\ns 14 am A2017-10 s 75\nInterim orders\ndiv 3.3 hdg sub A2023-15 s 11\nMaking interim orders\nsdiv 3.3.1 hdg ins A2023-15 s 11\nInterim orders—only on application for final order\ns 17 am A2017-10 s 76\nsub A2023-15 s 11\nInterim orders—grounds for making\ns 18 sub A2023-15 s 11\nInterim orders—general interim orders and special interim orders\ns 19 sub A2023-15 s 11\nGeneral interim orders\nsdiv 3.3.2 hdg ins A2023-15 s 11\nGeneral interim orders—only 1 may be made\ns 20 am A2017-10 s 77\nsub A2023-15 s 11\nGeneral interim orders—length\ns 21 sub A2023-15 s 11\nGeneral interim orders—ending\ns 22 sub A2023-15 s 11\n\nGeneral interim orders—taken to be special interim orders if related charges\nlaid\ns 23 sub A2023-15 s 11\nGeneral interim orders—further orders\ns 24 sub A2023-15 s 11\nGeneral interim orders—extension for non-service of application\ns 24AA ins A2023-15 s 11\nGeneral interim orders—extension for non-service of final order\ns 24AB ins A2023-15 s 11\nam A2024-40 s 22\nSpecial interim orders\nsdiv 3.3.3 hdg ins A2023-15 s 11\nSpecial interim orders—ending\ns 24AC ins A2023-15 s 11\nSpecial interim orders—application not to be decided until related charges\nfinalised\ns 24AD ins A2023-15 s 11\nSpecial interim orders—final application decided\ns 24AE ins A2023-15 s 11\nConsent to interim order becoming final order\ns 24A ins A2017-10 s 78\nConsent orders\ns 25 am A2023-15 amdt 1.1\nFinal orders—length\ns 27 am A2017-10 s 79\nProtection order continues in force when protected person becomes adult\ns 38A ins A2024-40 s 23\nWhat Magistrates Court must do after receiving application for protection\ndiv 4.1 hdg sub A2017-10 s 80\nMeaning of timing notice\ns 39 sub A2017-10 s 80\nInterim order not sought\ns 40 sub A2017-10 s 80; A2024-40 s 24\nInterim order sought\ns 41 sub A2017-10 s 80\nam A2023-15 s 12\nsub A2024-40 s 24\n\nService of application etc on others\ns 42 sub A2017-10 s 80\nPreliminary conferences\ndiv 4.2 hdg sub A2017-10 s 80\nPreliminary conferences—generally\ns 43 sub A2017-10 s 80\nam A2024-40 s 25\nAdjournment of preliminary conference for non-service\ns 44 sub A2017-10 s 80\nam A2023-15 amdt 1.2\nIf no consent order at preliminary conference\ns 45 sub A2017-10 s 80\nam A2023-15 s 13\nReferrals to mediation\ns 46 sub A2017-10 s 80\nNon-attendance by party\ndiv 4.2A hdg ins A2017-10 s 80\nMeaning of returned before the court—div 4.2A\ns 47 sub A2017-10 s 80\nApplicant not present at return of application\ns 48 sub A2017-10 s 80\nam A2023-15 amdt 1.3\nRespondent not present at return of application\ns 49 sub A2017-10 s 80\nNeither party present at return of application\ns 49A ins A2017-10 s 80\nApplicant not present at return of application\ns 50 om A2017-10 s 81\nRespondent not present at return of application\ns 51 om A2017-10 s 81\nNeither party present at return of application\ns 52 om A2017-10 s 81\nPublic hearing not required\ns 54 am A2017-10 s 82, s 83\nNotice of grounds of defence\ns 55A ins A2017-10 s 84\nApplicant may rely on additional information in hearing\ns 55B ins A2017-10 s 84\n\nIf child and child’s parent are affected people\ns 55C ins A2017-10 s 84\nChildren as witnesses\ns 55D ins A2017-10 s 84\nDiscontinuance\ns 56 am A2017-10 s 85\nGiving evidence by affidavit for interim order\ns 57A ins A2017-10 s 86\nam A2019-23 s 53\nService of protection orders\ns 64 om A2017-10 s 87\nService of documents\ndiv 4.4A hdg ins A2017-10 s 88\nPersonal service of application on respondent\ns 64A ins A2017-10 s 88\nDismissal of application for non-service\ns 64B ins A2017-10 s 88\nService of protection orders\ns 64C ins A2017-10 s 88\nam A2023-15 s 14; ss renum R6 LA\nSelf-represented parties\ns 64D ins A2017-10 s 88\nService of documents by police\ns 64E ins A2017-10 s 88\nGiving documents to child or child’s parent or guardian\ns 64F ins A2017-10 s 88\nAffidavit of service of documents by police\ns 64G ins A2019-23 s 54\nRequest for further particulars\ns 65A ins A2017-10 s 89\nDirections about procedure\ns 66 om A2017-10 s 90\nCosts\ns 67 am A2017-10 s 91\nChild respondents\ns 69 sub A2023-45 s 112, s 113\nRepresentation—party with impaired decision-making ability\ns 70 am A2023-15 amdt 1.4; A2023-45 s 114, s 115\n\nLitigation guardian—appointment\ns 72 am A2017-10 s 92\nAmendment of protection orders—preliminary conferences\ns 76A ins A2017-10 s 93\nsub A2024-40 s 26\nAmendment of protection orders\ns 77 am A2017-10 ss 94-96; pars renum R1 LA\nInterim orders made by consent—extension\ns 79 am A2017-10 s 97, s 98\nFinal orders—extension\ns 80 am A2017-10 s 99\nSpecial interim orders—application for review\ns 80A ins A2023-15 s 15\nSpecial interim orders—review\ns 80B ins A2023-15 s 15\nFinal orders—application for review\ns 81 hdg sub A2017-10 s 100\ns 81 am A2017-10 ss 101-103; ss renum R1 LA\nFinal orders—review\ns 82 hdg sub A2017-10 s 104\ns 82 am A2017-10 s 105\nConsent orders—review\ns 83 am A2017-10 s 106, s 107\nReview of orders—preliminary conferences\ns 83A ins A2017-10 s 108\nsub A2024-40 s 27\nMagistrate review of registrar decisions\ns 83B ins A2024-40 s 27\nGiving notice of appeal\ns 86 om A2017-10 s 109\nRecognised orders—registration\ns 92 am A2023-45 s 116, s 117\nRegistered orders—revocation\ns 95 am A2023-45 s 118, s 119\nDeciding application if criminal proceedings\ns 101 am A2023-15 amdt 1.5\nTransitional\npt 20 hdg exp 1 May 2019 (s 202)\n\nMeaning of repealed Act—pt 20\ns 198 ins A2017-10 s 110\nApplications and orders under repealed Act\ns 199 ins A2017-10 s 110\nExisting registered orders under repealed Act\ns 200 am A2017-10 s 111\ns 201 exp 1 May 2019 (s 202)\nExpiry—pt 20\ns 202 exp 1 May 2019 (s 202)\nAmendments\npt 21 hdg om LA s 89 (3)\nLegislation amended—sch 2\ns 203 om LA s 89 (3)\nCOVID-19 emergency response\npt 22 hdg ins A2020-11 amdt 1.62\nMeaning of COVID-19 emergency—pt 22\ns 204 ins A2020-11 amdt 1.62\nExtending general interim orders\ns 205 hdg sub A2023-15 amdt 1.6\ns 205 ins A2020-11 amdt 1.62\nam A2023-15 amdt 1.7, amdt 1.8\nRequirement for party to be present\ns 206 ins A2020-11 amdt 1.62\nRequirement for party to give consent\ns 207 ins A2020-11 amdt 1.62\nAcknowledgment of undertaking by respondent\ns 208 ins A2020-11 amdt 1.62\n\nExpiry—pt 22\ns 209 ins A2020-11 amdt 1.62\nsub A2021-1 amdt 1.24\npt 23 hdg ins A2023-45 s 120\nGeneral\ndiv 23.1 hdg ins A2023-45 s 120\nDefinitions—pt 23\ns 210 ins A2023-45 s 120\ndef child respondent ins A2023-45 s 120\ndef commencement day ins A2023-45 s 120\ns 211 ins A2023-45 s 120\nExpiry—pt 23\ns 212 ins A2023-45 s 120\nEnding action etc for personal protection orders\ndiv 23.2 hdg ins A2023-45 s 120\nApplication—div 23.2\ns 213 ins A2023-45 s 120\nEnforcement action\ns 214 ins A2023-45 s 120\ns 215 ins A2023-45 s 120\nmod SL2025-12 mod 1.1\nmod exp 22 November 2028 (SL2025-12 s 5 (2))\nValidity of past protection order action\ndiv 23.3 hdg ins A2023-45 s 120\n\nMeaning of past protection order action—div 23.3\ns 216 ins A2023-45 s 120\nPast lawful acts not affected\ns 217 ins A2023-45 s 120\nProtection from liability\ns 218 ins A2023-45 s 120\nNo entitlement to compensation etc\ns 219 ins A2023-45 s 120\npt 24 hdg ins A2023-45 s 121\nGeneral\ndiv 24.1 hdg ins A2023-45 s 121\nDefinitions—pt 24\ns 220 ins A2023-45 s 121\ndef child respondent ins A2023-45 s 121\nmod SL2025-12 mod 2.1\nmod exp 1 July 2030 (SL2025-12 s 5 (1))\ndef commencement day ins A2023-45 s 121\ns 221 ins A2023-45 s 121\nExpiry—pt 24\ns 222 ins A2023-45 s 121\nEnding action etc for personal protection orders\ndiv 24.2 hdg ins A2023-45 s 121\nApplication—div 24.2\ns 223 ins A2023-45 s 121\n\nEnforcement action\ns 224 ins A2023-45 s 121\ns 225 ins A2023-45 s 121\nmod SL2025-12 mod 2.2\nmod exp 1 July 2030 (SL2025-12 s 5 (1))\nValidity of past protection order action\ndiv 24.3 hdg ins A2023-45 s 121\ns 226 ins A2023-45 s 121\nPast lawful acts not affected\ns 227 ins A2023-45 s 121\nProtection from liability\ns 228 ins A2023-45 s 121\nNo entitlement to compensation etc\ns 229 ins A2023-45 s 121\nFirearms Act 1996\nsch 2 om LA s 89 (3)\ndict am A2017-10 s 112, s 113; A2023-15 amdt 2.10\ndef general interim order ins A2023-15 s 16\ndef interim order sub A2023-15 s 17\ndef related ins A2023-15 s 18\nam A2024-40 s 28\ndef return date am A2024-40 s 29\ndef returned ins A2017-10 s 114\ndef special interim order ins A2023-15 s 18\ndef timing notice sub A2017-10 s 115\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–\nA2017-10 new Act and\namendments by\nA2017-10\n2 May 2019–\n14 Aug 2019\nA2017-10 expiry of\ntransitional\nprovisions (pt 20))\n15 Aug 2019\n15 Aug 2019–\n7 Apr 2020\nA2019-23 amendments by\nA2019-23\n8 Apr 2020\n8 Apr 2020–\n19 Feb 2021\nA2020-11 amendments by\nA2020-11\n20 Feb 2021\n20 Feb 2021–\nA2021-1 amendments by\nA2021-1\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\nR8 (RI)\n22 Nov 2023–\n18 Sept 2024\nA2023-45 reissued for\nretrospective\nmodification by\n\nExpired transitional or validating provisions 6\nNo and date\nEffective Last\namendment\nmade by\nfor\n19 Sept 2024\n19 Sept 2024–\nA2024-40 amendments by\nA2024-40\nR9 (RI)\n19 Sept 2024–\nA2024-40 reissued for\nretrospective\nmodification by\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.\n\n7 Modifications of republished law with temporary effect\n7 Modifications of republished law with temporary effect\nThe following modifications have not been included in this republication:\nPersonal Violence (Transitional Provisions)\nRegulation 2025 SL2025-12 sch 1, sch 2\nSchedule 1 Modification of Act—pt 23\n(see s 3)\n[1.1] New section 215 (3A)\ninsert\n(3A) A protection order made against a child respondent is revoked on the\n","sortOrder":144},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Modification of Act—pt 24","content":"Schedule 2 Modification of Act—pt 24\n(see s 4)\n[2.1] Section 220, definition of child respondent, paragraph (b)\nomit\nfamily violence order\nsubstitute\nprotection order\n[2.2] New section 225 (3A)\ninsert\n(3A) A protection order made against a child respondent is revoked on the\n","sortOrder":145}],"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":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has evolved since its 2016 enactment through multiple amendments and transitional provisions. Key scope changes reflected in the republished law include:\n\n- Procedural and remedy expansion: additions and refinements to interim order regimes (creation of \"special\" and \"general\" interim orders, extensions for non‑service, and review paths) and clearer mechanics for consent orders and registrar powers (see ss 19–24, 24AA–24AB, 24AD–24AE, 24A–25, ss 39–46, ss 64A–64C).\n\n- Firearms consequences made explicit: statutory suspension of firearms licences on interim orders and cancellation on final orders, with seizure powers and mandatory notification to the firearms registrar (ss 36–38). These provisions extend the Act’s operational reach into firearms administration.\n\n- Workplace protection orders formalised: a specific route for employers to apply for protection in relation to personal violence at workplaces (s 13; conditions in s 32), alongside an express statement that availability of workplace protection orders does not create new employment law rights or obligations (s 100).\n\n- Narrowing as to child respondents via later amendments and transitional arrangements: Parts 23 and 24 (ss 213–219; ss 223–229) implement transitional rules tied to the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 and subordinate modifications (SL2025‑12) that discontinue proceedings, end enforcement action, and revoke registered orders in relation to defined child respondents on commencement days. The dictionary and definitions of \"child respondent\" were also amended (see s 210; s 220 as modified). Those changes materially reduce the Act’s operational scope in relation to certain children and create administrative revocation and discontinuance effects on existing proceedings and registrations.\n\nOverall, the law has been broadened in procedural detail and cross‑agency effects (police, firearms registrar, interstate registration) while being narrowed in its application to particular child respondent cohorts by later amendments and transitional measures (see Parts 23–24 and related endnotes)."},"complexity_factors":["Length and procedural detail across many Parts (interim orders, final orders, reviews, amendments, service rules) requiring strict sequencing (Parts 3–6; ss 17–27; ss 39–89).","Multiple interacting regimes and external references (Family Violence Act 2016, Firearms Act 1996, Criminal Code, Court Procedures Act) that affect scope and effect (see ss 5, 8, 36–38, Part 7).","Two distinct interim‑order regimes (general and special) with different triggers and timing rules interacting with related criminal charges (ss 19, 23, 24AC–24AE).","Detailed registrar and service obligations (personal service, extensions, administrative notices) with limited alternatives and judicial discretion (ss 39–41, 64A–64C, 24AA–24AB).","Extensive transitional and retroactive‑effect provisions concerning child respondents spread across multiple Parts and modified by subordinate instruments (Parts 23 and 24; endnotes re SL2025‑12).","Discretionary consent order mechanics allowing orders without proof, and separate safeguards for parties with impaired decision‑making ability (ss 25, 71).","Enforcement consequences that reach outside the ACT (extra‑territorial application of contraventions) and automatic statutory effects (firearms licence suspension/cancellation) creating cross‑agency operational work (ss 35–38).","Publication and privacy constraints with criminal penalties and enumerated exceptions that require cross‑agency information exchanges and careful handling by media and officials (ss 98–99; Schedule 1)."],"plain_english_summary":"### What this law does, who it affects, and how it works\n\n- This Act creates a system for preventing and responding to \"personal violence\" (not family violence). It lets people and certain organisations apply to the Magistrates Court for legally enforceable protection orders (interim and final) that restrain specified behaviour (physical, sexual, threatening, stalking, harassing or property damage) (see s 6, s 8).\n\n- Who can apply and who decides\n  - An affected person may apply for a personal protection order (s 12(1)). Police officers, litigation guardians and other people with a right to apply can also apply for an affected person (s 12(2)). Employers may apply for workplace protection orders for people at a workplace (s 13).\n  - The Magistrates Court decides whether to make interim or final orders, and has express procedural powers and discretions for hearings, preliminary conferences and review (see Parts 3–6 generally, e.g. ss 17–27, 39–46, 81–83A).\n\n- Types of orders and key consequences\n  - Interim orders (short‑term protective measures while the final application is decided) and final orders (normally 12 months, extendable) are available (ss 17–27).\n  - Orders may include a range of prohibitions—no contact, exclusion from premises, distance limits, prohibitions against locating or causing others to act, or conditions governing when contact is allowed (ss 28–33).\n  - Contravening an order is a criminal offence punishable by up to 500 penalty units and/or 5 years’ imprisonment (s 35).\n  - If an interim or final order is made against a person holding a firearms licence, the licence is suspended (interim) or cancelled (final) unless the court orders otherwise; the court may also order seizure of firearms, and must notify the firearms registrar of certain orders (ss 36–38).\n\n- Procedure and access\n  - The Act emphasises quick, inexpensive and simple procedures consistent with justice (s 7, s 9). The Magistrates Court may depart from ordinary rules of evidence in proceedings under this Act (s 10A; s 59).\n  - The registry and registrar have active roles in serving documents, setting return dates and managing preliminary conferences and adjournments (ss 39–46; ss 64A–64G).\n  - The law provides for consent orders that can be entered without proof of the alleged conduct (s 25), and for mediation and preliminary conferences aimed at settlement before hearings (ss 43, 46).\n\n- Interplay with criminal proceedings and other jurisdictions\n  - If related criminal charges exist, the Act distinguishes between \"general\" and \"special\" interim orders and restricts deciding the final order until related criminal charges are finalised in some circumstances (ss 19, 23, 24AD–24AE).\n  - Orders from other Australian jurisdictions or New Zealand may be registered and enforced in the ACT as if they were ACT final orders (Part 7, ss 90–97).\n\n- Protections for particular classes of parties\n  - Children: the Act sets special rules about child respondents (e.g. a child under 14 cannot be a respondent — s 69). The Act contains transitional and amendment provisions (Parts 23 and 24) that stop certain proceedings and enforcement action against defined child respondents and protect officials from personal liability for past acts done honestly under earlier law (see ss 213–219, 223–229; s 218, s 228).\n  - Parties with impaired decision‑making ability have procedural protections and can have litigation guardians appointed (ss 68–75). Courts must not make certain consent orders without separate representation for such persons (s 71).\n\n- Publication and privacy limits\n  - It is an offence to publish reports of proceedings that identify parties, witnesses or enable identification, subject to specified exceptions and permitted disclosures (ss 98–99; Schedule 1).\n\nWhy the Act exists and how that maps to trade‑offs (stated purpose and practical effects)\n\n- Stated purpose: the Act is expressed to prevent and reduce personal violence, provide enforceable protection, facilitate safety for people who fear or experience personal violence, encourage accountability and let courts resolve conflict or enable resolution without adjudication (ss 6–7). Those are explicit purpose claims in the Act.\n\n- Testing those claims against mechanics, incentives and costs:\n  - Who pays: respondents bear most immediate compliance costs (abiding by prohibitions, possible loss of firearms licence, risk of criminal sanction for breach) (ss 35, 36–38). Applicants and protected people bear court attendance costs and possible legal costs, though each party generally pays their own costs unless the court orders otherwise in limited circumstances (s 67). The police and court registry carry administrative costs for application processing, service, enforcement and registration (ss 12(2)(a), 64C, 92). Employers who apply for workplace orders use their own resources to initiate proceedings (s 13).\n  - Incentives and behaviour change: orders restrict respondents’ movement and communication, and can exclude them from workplaces or homes (ss 30–32). Employers gain a route to seek protection focused on workplace safety (s 13), but the Act explicitly does not create new employment rights or obligations beyond the order (s 100). The firearms consequences (ss 36–38) create a direct disincentive for possession of firearms where orders are made.\n  - Compliance and administrative burden: the Act requires personal service of applications and deadlines for immediate interim hearings (ss 41, 64A). Registrars must serve documents on multiple recipients (s 64C) and manage timing notices (s 39). Police may be required to serve documents and can make applications (ss 64E, 12(2)(a)). These duties can increase workload for courts and police.\n  - Discretion and implementation risk: the Magistrates Court has broad discretion on interim/final orders, conditions, and whether to conduct preliminary conferences or grant adjournments (see s 11, ss 17–24, ss 39–46). That discretion supports tailored decisions but risks inconsistent outcomes and requires robust administrative practice to be predictable.\n  - Opportunity costs and substitution effects: where parties settle by consent or mediation (ss 25, 46), the order‑making process may avoid full hearings, saving resources. Conversely, broad consent powers (s 25) let orders be made without proof, which transfers reliance on voluntary agreement and court explanation rather than adversarial proof.\n  - Effects on private enterprise, competition and contract freedom: workplace protection orders let employers exclude people from workplaces (s 32), which can affect staffing and operations. The Act, however, says the availability of workplace orders does not itself change employment law rights (s 100). Firearms cancellation affects licence holders (ss 36–38) and may involve interaction with licensing/ownership markets.\n  - Speech and publication limits: criminal penalties and injunctions limit publication that would identify participants in proceedings (ss 98–99), constraining public reporting about these cases except in specified permitted ways (Schedule 1).\n\nImplementation details to note (costs and risks to watch)\n- Magistrates Court is central: many powers and procedural steps are court-driven (e.g. service exceptions, adjournments, review) and the court must explain orders to parties (ss 60–61). Court resourcing affects how quickly protective relief is available.\n- Police role: police can initiate applications, serve notices, and execute warrants. Police involvement shifts enforcement and administrative burdens to the police (ss 12(2)(a), 13B, 64E, 64G).\n- Transitional changes for children: amendments and transitional parts remove or limit proceedings and enforcement in relation to certain child respondents and protect officials from liability for prior acts done honestly (see Parts 23 and 24, ss 213–219, 223–229, 218, 228). Those changes alter the legal reach to and from children in specific age ranges and create administrative actions (revocations, discontinued proceedings) on commencement days.\n\nBottom line (mechanics): the Act sets out who may apply, the court processes for interim and final protection orders, the range of conditions that can be imposed, penalties for breaches, and procedures for interstate recognition. It assigns significant operational responsibilities to registrars, police and the Magistrates Court, includes firearms consequences, and contains transitional rules that narrow the Act’s application to certain child respondents (see Parts 3–8 and Parts 23–24)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2683},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose of providing civil protection orders for personal violence outside of family violence contexts. While it has been amended to include detailed procedural safeguards and temporary transitional measures regarding the age of criminal responsibility (raising it to 12 and 14 years), these technical adjustments do not constitute a fundamental expansion beyond the original protective intent. The inclusion of workplace protection orders and reciprocal arrangements with other jurisdictions was part of the original legislative design."},"complexity_factors":["40+ defined terms in the Dictionary, including signpost definitions referencing external legislation (e.g., Firearms Act, Family Violence Act)","Multiple overlapping order categories: general interim, special interim, final, consent, personal, and workplace orders, each with distinct procedural rules","Nested conditional logic for interim orders, particularly the automatic conversion of general interim orders to special interim orders when related criminal charges are laid (s 23)","Extensive cross-referencing to other ACT legislation including the Criminal Code, Court Procedures Act, Family Violence Act 2016, and Firearms Act 1996","Detailed procedural requirements for service of documents, preliminary conferences, and hearings, including special protections for self-represented parties and children","Parallel procedural tracks for vulnerable groups: specific provisions for child respondents (under 14 exclusion) and parties with impaired decision-making ability (litigation guardians)","Transitional complexity: Parts 23 and 24 contain temporary, time-limited modifications (expiring 2028 and 2030) dealing with the age of criminal responsibility reforms, creating a dual-layer legislative framework"],"plain_english_summary":"**What this law does**\n\nThis Act is an ACT law that helps protect people from violence, threats, and harassment by someone who is **not** a family member or domestic partner (family violence is covered by a different law). It covers things like physical assault, sexual assault, stalking, threats, intimidating behaviour, and damaging someone’s property.\n\n**Who it affects**\n\n*   **People experiencing violence**: Anyone who is being stalked, threatened, assaulted, or harassed by a non-family member (e.g., a neighbour, friend, colleague, or stranger).\n*   **Employers**: Businesses can apply for orders to protect their staff from violence at work.\n*   **People accused of violence**: Those who have had an application made against them (called the *respondent*).\n\n**How it works**\n\nThe law allows the ACT Magistrates Court to make **protection orders** that legally restrict what a respondent can do. These orders can:\n\n*   Stop the respondent from contacting or approaching the protected person.\n*   Ban the respondent from certain places (like the victim’s home or workplace).\n*   Prohibit threatening or violent behaviour.\n\n**Types of orders**\n\n*   **Interim orders**: Temporary, urgent orders made to provide immediate safety until a full hearing can happen. These come in two types: *general* (up to 12 months) and *special* (used when criminal charges are also pending).\n*   **Final orders**: Long-term protection lasting 12 months (or longer in exceptional circumstances).\n*   **Workplace protection orders**: Applied for by an employer to protect employees from violence at work.\n*   **Consent orders**: Agreements between the parties that the court turns into a formal order without a full fight in court.\n\n**Important rules**\n\n*   **Safety first**: The court must put the safety of the protected person above all else when deciding what conditions to include.\n*   **Firearms**: If an order is made, the respondent’s gun licence is automatically suspended (for interim orders) or cancelled (for final orders) unless the court specifically orders otherwise.\n*   **Breaking an order is a crime**: Contravening a protection order can result in up to 5 years in prison or heavy fines.\n*   **Children under 14**: A child under 14 cannot be made a respondent to an order (due to the age of criminal responsibility laws).\n*   **Help for vulnerable people**: If a person has impaired decision-making ability, a *litigation guardian* can be appointed to help them through the court process.\n*   **Interstate recognition**: Protection orders from other Australian states, territories, and New Zealand can be registered and enforced in the ACT.\n\n**The process**\n\nApplications are made to the Magistrates Court. Police can apply on someone’s behalf. The court usually holds a *preliminary conference* to see if the matter can be settled by agreement. If not, a hearing is held. The court can make orders even if the respondent does not attend, but it must explain the order clearly to anyone present."}},"importantCases":[],"_links":{"self":"/api/acts/personal-violence-act-2016","history":"/api/acts/personal-violence-act-2016/history","analysis":"/api/acts/personal-violence-act-2016/analysis","conflicts":"/api/acts/personal-violence-act-2016/conflicts","importantCases":"/api/acts/personal-violence-act-2016/important-cases","documents":"/api/acts/personal-violence-act-2016/documents"}}