53Discretion to refuse to issue process in apprehended personal violence order matters

#### 53 Discretion to refuse to issue process in apprehended personal violence order matters 53 Discretion to refuse to issue process in apprehended personal violence order matters > > (1) An authorised officer or a Registrar may, in accordance with this section, refuse to issue process where an application for an apprehended personal violence order is made unless the application was made by a police officer. > > > (2) An authorised officer refuses to issue process by deciding not to issue a warrant referred to in section 88. > > > (3) A Registrar refuses to issue process by deciding not to sign and file an application notice. > > > (4) An authorised officer or a Registrar may refuse to issue process if satisfied that the application— > > > > > (a) is frivolous, vexatious, without substance or has no reasonable prospect of success, or > > > > > (b) could be dealt with more appropriately by mediation or other alternative dispute resolution. > > > (5) Unless satisfied that there are compelling reasons for doing so, an authorised officer or a Registrar is not to refuse to issue process if the application discloses allegations of any of the following— > > > > > (a) a personal violence offence, > > > > > (b) an offence under section 13, > > > > > (c) harassment relating to the protected person’s race, religion, homosexuality, transgender status, or disability, > > > > > (d) harassment relating to the protected person being a person living with HIV/AIDS. > > > (6) In determining whether or not to issue process, the authorised officer or Registrar must take the following matters into account— > > > > > (a) the nature of the allegations, > > > > > (b) whether the matter is amenable to mediation or other alternative dispute resolution, > > > > > (c) whether the parties have previously attempted to resolve the matter by mediation or other means, > > > > > (d) the availability and accessibility of mediation or other alternative dispute resolution services, > > > > > (e) the willingness and capacity of each party to resolve the matter otherwise than through an application for an apprehended personal violence order, > > > > > (f) the relative bargaining powers of the parties, > > > > > (g) whether the application is in the nature of a cross application, > > > > > (h) any other matters that the authorised officer or Registrar considers relevant. > > > (7) If the authorised officer or Registrar refuses to issue process under this section, the authorised officer or Registrar must record the reasons for doing so in writing. > > > (8) If a Registrar refuses to accept an application notice for filing, the question of whether the application notice is to be accepted for filing is to be determined by a Judge on the application of the applicant. > > **s 53:** Am 2013 No 87, Sch 2 \[6\]; 2024 No 71, Sch 3\[4\]; 2024 No 82, Sch 2.3; 2025 No 61, Sch 2.26\[3\].