Australian Capital Territory bill

Family, Personal and Sexual Violence Legislation Amendment Bill 2025

ACTIntroducedFull text

Jurisdiction

Australian Capital Territory

Making Date

2025-12-03

Collection

bill

Parliamentary Progress

IntroducedFirst ReadingSecond ReadingCommitteePassed HousePassed SenatePassed BothRoyal Assent

Plain English Summary

9/10 complexity

**What this Bill does (mechanically)

Creates a new, short-term police-issued protection tool called a "family violence safety notice" (FVSN). A FVSN can be issued only if there is a risk of family violence and a notice is immediately necessary to protect the affected person or their property (s 13B).
Sets a police application and decision pathway: an attending police officer applies to a senior police officer (sergeant or above) (s 13D, 13G); the senior officer may issue the notice (s 13H) or refuse and record the refusal (s 13N).
Allows an applicant police officer to remove and detain the proposed respondent for up to 4 hours during the application period where necessary and the least restrictive option (s 13C(1)–(4)).
Specifies what must be in a FVSN, how it is served, who must receive copies (including the court registrar and firearms registrar), and that it lasts 14 days from service unless revoked sooner or replaced by a court order (s 13I, 13T, 13L, 13M).
Makes contravening a FVSN a criminal offence punishable by up to 200 penalty units, 2 years imprisonment, or both (s 13ZC). There are narrow exceptions tied to bail conditions (s 13ZC(2)) and care for protected people (s 13ZC(3)).
Provides that if a FVSN is in force against a firearms licence holder, the licence is suspended and police may seize the licence, firearms and ammunition (s 13ZD). The Bill adjusts the Crimes Act and Firearms Act to treat FVSNs as triggering seizure and suspension powers (Crimes Act s 192(1A); Family Violence Act s 13ZD; Firearms Act notes and definitions amended).

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Deep Dive

6,760 words · generated 23/06/2026

What it does

Mechanically, the Bill makes a wide set of amendments across Territory statutes to create a new, short-term, police‑issued instrument called a family violence safety notice and to fold that instrument into many existing regimes. The main structural changes are:

Inserts Part 2A into the Family Violence Act 2016 creating family violence safety notices, with procedural and substantive rules for police application, senior police decision, form, service, duration, conditions, amendment, revocation and record‑keeping (see new ss 13B-13ZC, 13ZD, 13ZE and accompanying transitional provisions in Pt 25). Notices are available only against adult respondents, come into force on personal service and last 14 days (ss 13B(c), 13L(1)-(2), 13T(1), 13L(1)(a)-(b)).
Gives police a limited power to detain and remove a person during the period when an application for a family violence safety notice is being made, for up to 4 hours, where necessary and the least restrictive option (s 13C(1)-(4)).
Creates criminal liability for contravening a family violence safety notice (s 13ZC): maximum penalty 200 penalty units, 2 years imprisonment or both. It preserves specified exceptions where compliance with bail prevails (Bail Act interaction, s 13ZC(2) and Bail Act amendments).
Links family violence safety notices to firearms law: if a notice is in force against a licence holder the licence is suspended and police may seize licence, firearm and ammunition (s 13ZD). The Crimes Act seizure provisions are amended to recognise firearms seizure provisions operating because of notices or orders (new s 192(1A) and related changes).
Amends the Evidence (Miscellaneous Provisions) Act 1991 (often called the Evidence Act in the Bill) to reorganise the protections around counselling communications about sexual and family violence (relocates and renumbers div 4.4.3 to chapter 6B and renumbers ss 79-79M to ss 98-98P), clarifies the limits on disclosure, and introduces a civil‑proceedings waiver regime for protected confidences subject to written consent (s 79J as substituted, and s 79JA (No waiver) retaining protection in criminal proceedings). It also tightens recorded statement access for accused persons by requiring an audio copy be given and returned within a set period (ss 81F(2), 81H(2)).

Source excerpts

Direct links to excerpts of the current source text in Family, Personal and Sexual Violence Legislation Amendment Bill 2025.

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Document excerpt 1

Family, Personal and Sexual Violence Legislation Amendment Bill 2025

J2025-163 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2025 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Contents Page Chapter 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2

Contents Page contents 2 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Chapter 2 General amendments Part 2.1 Crimes (Sentencing) Act 2005 4 Sentencing—sexual offences against children Section 34A (b) 3 5 Section 34A (b), examples, except note 3 Part 2.2 Evidence (Miscellaneous Provisions) Act 1991 6 Section 37 heading 4 7 Meaning of family violence offence—ch 4 Section 38A 4 8 Meaning of sexual offence proceeding—ch 4 Section 41, definition of sexual offence proceeding, paragraph (a) 4 9 Family violence offence proceeding Table 43.1, item 1, column 3, 4th dot point 4 10 Part 4.4 heading 4 11 Division 4.4.3 heading 5 12 Meaning of protected confidence—div 4.4.3 Section 79A (1), new note 5 13 Section 79A (5), new note 5 14 General immunity for protected confidences Section 79D (2) 5 15 Giving of leave to disclose protected confidence Section 79H (3) (b) and (c) 6 16 Section 79J 6 17 Sections 79 to 79M (as amended) 7 18 Division 4.4.3 (as amended) 7 19 Recorded statement—unrepresented accused person to be given access Section 81F (2) 8 20 Recorded statement—accused person to be given audio copy Section 81H (2) 8 21 Section 95 heading 8 22 Dictionary, definition of family violence offence 8

Contents Page Family, Personal and Sexual Violence Legislation Amendment Bill 2025 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23 Dictionary, new definition of sexual offence 9 24 Further amendments, mentions of division 4.4.3 heading 9 25 Further amendments, mentions of div 4.4.3 10 26 Further amendments, mentions of division 10 27 Further amendments, mentions of section 79 11 28 Further amendments, mentions of section 79A 12 29 Further amendments, mentions of section 79E 12 30 Further amendments, mentions of section 79F 13 31 Further amendments, mentions of section 79G 13 32 Further amendments, mentions of section 79IA 13 33 Further amendments, mentions of section 79J 14 Part 2.3 Family Violence Act 2016 34 Offence—contravention of family violence order Section 43 (1) (b) 15 35 New division 4.1A 15 36 New section 82A (6) 16 37 Magistrate review of registrar decisions New section 91B (6A) 16 38 Service of after-hours orders Section 108 (2) 16 39 Interim court-initiated protection order taken to be special interim order Section 113 (e) 17 40 Section 156 17 Part 2.4 Personal Violence Act 2016 41 Offence—contravention of protection order Section 35 (1) (b) 18 42 New division 4.1A 18 43 New section 76A (6) 19 44 Magistrate review of registrar decisions New section 83B (6A) 19 45 Dictionary, definition of protection order, paragraph (a) 19

Contents Page contents 4 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments 46 New part 2A 20 47 After-hours orders Part 7 44 48 New part 25 45 Division 3.1.2 Consequential amendments 49 How objects are to be achieved New section 7 (aa) 47 50 Section 7 (b) 47 51 Matters to be considered—family violence orders Section 14 (1) (g) and (h) 47 52 Section 14 (3) 48 53 Section 14 (4) 48 54 Family Law Act order Section 15 (1), note 1 49 55 Who may apply for protection orders? Section 16 (1), note 1 49 56 What if application is made for the wrong order? Section 18 (1) (a) 49 57 Section 18 (1) (b) (ii) 49 58 What if application for the wrong order is decided? Section 19 (1), example 49 59 Sections 27 and 38 50 60 Offence—contravention of family violence order Section 43 (1) (b) note 50 61 Section 44 heading 50 62 Section 44 (1) and note 50 63 Giving evidence by affidavit for interim order Section 62A (2) (b), except note 50 64 Service of protection orders Section 70C (1), note 1 51

Contents Page Family, Personal and Sexual Violence Legislation Amendment Bill 2025 contents 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 65 Affidavit of service of documents by police Section 70G 51 66 Representation—party with impaired decision-making ability Section 76 (3), except note 51 67 Definitions—pt 9 Section 115, definition of family violence order 51 68 Section 115, definition of FVO 51 69 Section 115, definition of interim FVO, paragraph (a) and note 52 70 Section 115, definition of local FVO, paragraph (a) 52 71 Certificate evidence—notification Section 139 (5), definition of authorised officer, paragraph (b) (ii) 52 72 Division 9.6 heading 52 73 Dictionary, definition of after-hours order 52 74 Dictionary, definition of amend 53 75 Dictionary, new definition of applicant police officer 53 76 Dictionary, definition of business hours 53 77 Dictionary, definition of commencement day 53 78 Dictionary, definition of family violence order 54 79 Dictionary, new definition of family violence safety notice 54 80 Dictionary, definition of final order 54 81 Dictionary, new definition of issuing police officer 54 82 Dictionary, definition of proceeding 55 83 Dictionary, definition of protected person 55 84 Dictionary, definition of protection order 55 85 Dictionary, definition of respondent 56 86 Dictionary, new definition of senior police officer 56 87 Further amendments, mentions of protection order 56 88 Further amendments, mentions of protection orders 58 Part 3.2 Other legislation Division 3.2.1 Bail Act 1992 89 Bail for serious offence committed while charge for another pending or outstanding Section 9D (4) and (5) (b) 59

Contents Page contents 6 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 90 Conditions on which bail may be granted to adults Section 25 (4) (f) (i) 59 91 New section 26A and 26B 59 Division 3.2.2 Children and Young People Act 2008 92 What is significant harm? Section 344 (4) 61 93 Interim matters—Court action before adjournment Section 431 (2) (d) 61 94 Division 14.3.5 heading 61 95 Section 458 61 96 Section 459 heading 62 97 Section 459 (2), except notes 62 98 Section 459 (2), note 1 62 99 Section 459 (2), note 2 63 100 Section 459 (3) 63 101 Section 459 (3) note 63 102 Section 459 (4), definition of family violence 63 103 Section 460 heading 63 104 Section 460 64 105 Police assistance Section 679 (1) (h) and note 64 106 Safe custody warrant—criteria Section 686 (1) (a) (v) and note 64 107 Appeals to Supreme Court—generally Section 835 (1) note 64 108 Dictionary, new definitions 65 109 Dictionary, definition of protection order 65 110 Dictionary, definition of relevant Act 65 Division 3.2.3 Crimes Act 1900 111 Seizure of firearms—warrants and emergencies Section 191 (4) (b) 66 112 Section 192 heading 66 113 New section 192 (1A) 66 114 Section 192 (1) 67

Contents Page Family, Personal and Sexual Violence Legislation Amendment Bill 2025 contents 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 115 Section 192 (1) (a) 67 116 Section 192 (5) (a) 67 117 Section 192 (5) (b) 68 118 Section 192 (5) (c) 68 119 Section 192 (5) (d) 68 120 Section 192 (8) 68 121 Definitions—div 10.4A Section 210A, definition of serious offence, paragraph (c) 68 122 Power of arrest without warrant by police officers Section 212 (5) 69 123 Dictionary, new definitions 69 Division 3.2.4 Crimes (Restorative Justice) Act 2004 124 Definitions—offences and offenders Section 12 (1), definition of less serious family violence offence, paragraph (b) 70 Division 3.2.5 Crimes (Sentencing) Act 2005 125 Sentencing—family violence offences Section 34B (2) (b) 71 126 Section 34B (3), definition of family violence 71 127 Section 34B (3), new definitions 71 Division 3.2.6 Criminal Code 2002 128 Publishing identifying information about childrens proceedings Section 712A (5), definition of childrens proceeding, paragraphs (b) and (c) (i) 72 129 Section 712A (5), definition of childrens proceeding, paragraph (d) and note 72 Division 3.2.7 Dangerous Substances Act 2004 130 Working out whether person is a suitable person Section 49 (1) (h) 73 131 Section 49 (2) 73 Division 3.2.8 Evidence (Miscellaneous Provisions) Act 1991 132 Meaning of sexual offence proceeding—ch 4 Section 41, definition of sexual offence proceeding, paragraphs (b) and (c) 74

Contents Page contents 8 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 133 Recorded statement—offence to publish Section 81J (2) (c) 74 134 Section 81J (2) (c) (i) and (ii) 75 135 Division 4.5.3 and section 81K headings 75 136 Section 81K (2) 75 137 Section 81K (2) (a) and (b) 75 138 Dictionary, new definition of family violence order 76 Division 3.2.9 Firearms Act 1996 139 Assessing suitability of individuals—discretionary criteria Section 18 (1) (b) (ii) 77 140 Section 18 (1) (b) (iii) 77 141 Assessing suitability of individuals—mandatory criteria Section 19 (1) (b) (i) 77 142 Adult firearms licences—mandatory suspension for family violence offence Section 80 (1), notes 78 143 Section 81A heading 78 144 Section 81A (1) (a) 78 145 Minors firearms licences—mandatory suspension if family violence offence Section 97 (1), notes 79 146 Section 98A heading 79 147 Section 98A (1) (a) 79 148 Dictionary, new definition of final family violence order 80 149 Dictionary, definition of final protection order 80 150 Dictionary, new definition of interim family violence order 81 151 Dictionary, definition of interim protection order 81 Division 3.2.10 Personal Violence Act 2016 152 Objects of Act Section 6, note 82 153 Meaning of personal violence Section 8 (3), note 82 154 Matters to be considered—protection orders Section 11 (1) (d) and (e) 82

Contents Page Family, Personal and Sexual Violence Legislation Amendment Bill 2025 contents 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 155 Section 11 (3) 83 156 Section 11 (4) 83 157 What if application is made for the wrong order? Section 15 (1) (a) 84 158 Section 15 (1) (b) (ii) 84 159 Section 15 (2) 84 160 Section 15 (2) (b) 85 161 What if application for the wrong order is decided? Section 16 (1) (e) 85 162 Section 16 (2) 85 163 Section 24, 30 and 32 85 164 Dictionary, definition of amend, paragraph (a) 86 165 Dictionary, new definitions 86 Division 3.2.11 Prohibited Weapons Regulation 1997 166 General grounds for refusal to issue permits Section 5 (3) (a) 87 167 Section 5 (3) (b) and (c) 87 168 Section 5 (4) 87 169 Section 5 (6), definition of corresponding order 88 170 Section 5 (6), definition of interim protection order 88 171 Section 5 (6), definition of protection order 89 172 Section 5 (6), definition of relevant period 89 Division 3.2.12 Residential Tenancies Act 1997 173 Threats, harassment, intimidation or abuse by lessor etc Section 45A (6) (e) 90 174 Definitions—div 4.3A Section 46C, definition of family violence order 90 175 Termination for family violence Section 46D (3) (b) (i) 90 176 New section 46D (6) 90 177 Threats, harassment, intimidation or abuse by tenant Section 51A (7) (e) 91 178 Division 6.5A heading and section 85 91 179 Section 85A heading 92

Contents Page contents 10 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 180 Section 85A (1) (a) 92 181 Section 85A (1) (c) 92 182 Section 85A (1) (d) (i) 93 183 Section 85A (4) 93 184 Applications under s 85A—ACAT orders Section 85B (1) 93 185 Section 85B (2) (a) 94 186 Dictionary, definition of family violence order 94 187 Dictionary, definition of protected person 94 188 Dictionary, definition of protection order 94 189 Dictionary, definition of respondent 94 Division 3.2.13 Victims of Crime (Financial Assistance) Act 2016 190 Family violence offences Schedule 1, division 1.2.2, new item 18A 95 Division 3.2.14 Working with Vulnerable People (Background Checking) Act 2011 191 Application for registration for NDIS activity—additional contents Section 18A (1) (b) (iii) 96 192 Section 18A (2), new definitions 96 193 Risk assessment guidelines—content Section 28 (2) (e), example 1 97 Schedule 1 Consequential amendments 98 Part 1.1 Children and Young People Act 2008 98 Part 1.2 Court Procedures Act 2004 98 Part 1.3 Evidence Act 2011 99

J2025-163 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2025 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Family, Personal and Sexual Violence Legislation Amendment Bill 2025 A Bill for An Act to amend legislation about family, personal and sexual violence, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows:

Chapter 1 Preliminary Section 1 page 2 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Chapter 1 Preliminary1 1 Name of Act2 This Act is the Family, Personal and Sexual Violence Legislation3 Amendment Act 2025.4 2 Commencement5 (1) This Act (other than chapter 3) commences on the 7th day after its6 notification day.7 Note The naming and commencement provisions automatically commence on8 the notification day (see Legislation Act, s 75 (1)).9 (2) Chapter 3 commences 6 months after this Act’s notification day.10 3 Legislation amended11 This Act amends the legislation mentioned in chapters 2 and 3.12 Note This Act also amends other legislation (see sch 1).13

General amendments Chapter 2 Crimes (Sentencing) Act 2005 Part 2.1 Section 4 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Chapter 2 General amendments1 Part 2.1 Crimes (Sentencing) Act 20052 4 Sentencing—sexual offences against children3 Section 34A (b)4 omit5 , to the extent that the offender’s good character enabled the offender6 to commit the offence7 5 Section 34A (b), examples, except note8 omit9

Chapter 2 General amendments Part 2.2 Evidence (Miscellaneous Provisions) Act 1991 Section 6 page 4 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.2 Evidence (Miscellaneous1 Provisions) Act 19912 6 Section 37 heading3 substitute4 37 Meaning of proceeding for an offence—pt 4.15 7 Meaning of family violence offence—ch 46 Section 38A7 omit8 8 Meaning of sexual offence proceeding—ch 49 Section 41, definition of sexual offence proceeding,10 paragraph (a)11 substitute12 (a) a proceeding for a sexual offence; or13 9 Family violence offence proceeding14 Table 43.1, item 1, column 3, 4th dot point15 omit16 10 Part 4.4 heading17 substitute18 Part 4.4 Special requirements—sexual19 offence proceedings20

General amendments Chapter 2 Evidence (Miscellaneous Provisions) Act 1991 Part 2.2 Section 11 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Division 4.4.3 heading1 substitute2 Chapter 6B Protection of counselling3 communications about sexual4 and family violence5 12 Meaning of protected confidence—div 4.4.36 Section 79A (1), new note7 insert8 Note Family violence offence—see s (5) and dictionary.9 Sexual offence—see s (5) and dictionary.10 13 Section 79A (5), new note11 insert12 Note Family violence offence—see the dictionary.13 Sexual offence—see the dictionary.14 14 General immunity for protected confidences15 Section 79D (2)16 substitute17 (2) A protected confidence must not be disclosed in, or for the purposes18 of, the proceeding unless—19 (a) the court dealing with the proceeding gives leave for the20 disclosure; or21 (b) for a civil proceeding—the disclosure is made in accordance22 with section 79J.23

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Document excerpt 2

Chapter 2 General amendments Part 2.2 Evidence (Miscellaneous Provisions) Act 1991 Section 15 page 6 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Giving of leave to disclose protected confidence1 Section 79H (3) (b) and (c)2 after3 sexual offences4 insert5 and victims of family violence offences6 16 Section 79J7 substitute8 79J Waiver of protected confidence immunity in civil9 proceedings10 (1) This division does not prevent the production, inspection or use of11 protected confidence evidence in a civil proceeding if—12 (a) the production, inspection or use of the evidence is consented to,13 in writing, by—14 (i) if the counselled person who is the subject of the protected15 confidence is at least 14 years old—the counselled person;16 or17 (ii) if the counselled person is under 14 years old—a person18 determined by the court to be a suitable person; and19 (b) the consent expressly relates to the production, inspection or use20 of the evidence; and21 (c) the court is satisfied that the counselled person or, if the22 counselled person is under 14 years old, the suitable person—23 (i) is aware of the effect of this division; and24 (ii) has been given a reasonable opportunity to seek legal25 advice in relation to consenting to the production,26 inspection or use of the evidence.27

General amendments Chapter 2 Evidence (Miscellaneous Provisions) Act 1991 Part 2.2 Section 17 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) For subsection (1) (a) (ii), the court may determine that a person is a1 suitable person in relation to a counselled person only if—2 (a) the person is not a party to the proceeding; and3 (b) the court considers the person is able to act in the best interests4 of the counselled person; and5 (c) the court considers that determining the person to be a suitable6 person would not—7 (i) damage the relationship between the suitable person and8 the counselled person; or9 (ii) cause undue embarrassment, humiliation or harm to the10 counselled person.11 79JA No waiver of protected confidence immunity in criminal12 proceedings13 This division applies in a criminal proceeding whether or not a person14 who has made a protected confidence consents or does not object to15 the disclosure of the protected confidence.16 17 Sections 79 to 79M (as amended)17 renumber as sections 98 to 98P18 18 Division 4.4.3 (as amended)19 relocate as chapter 6B20

Chapter 2 General amendments Part 2.2 Evidence (Miscellaneous Provisions) Act 1991 Section 19 page 8 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Recorded statement—unrepresented accused person to1 be given access2 Section 81F (2)3 substitute4 (2) The accused person must—5 (a) be given an audio copy of the recorded statement as soon as6 practicable after the proceeding is commenced; and7 (b) return the copy of the recorded statement by giving it to a police8 officer at a police station not later than 16 weeks after the9 proceeding is finalised.10 20 Recorded statement—accused person to be given audio11 copy12 Section 81H (2)13 substitute14 (2) The accused person must—15 (a) be given an audio copy of the recorded statement; and16 (b) return the copy of the recorded statement by giving it to a police17 officer at a police station not later than 16 weeks after the18 proceeding is finalised.19 21 Section 95 heading20 substitute21 95 Definitions—ch 6A22 22 Dictionary, definition of family violence offence23 substitute24 family violence offence—see the Family Violence Act 2016,25 dictionary.26

General amendments Chapter 2 Evidence (Miscellaneous Provisions) Act 1991 Part 2.2 Section 23 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23 Dictionary, new definition of sexual offence1 insert2 sexual offence means an offence against any of the following3 provisions of the Crimes Act 1900:4 (a) part 3 (Sexual offences);5 (b) part 3A (Intimate image abuse);6 (c) part 4 (Female genital mutilation);7 (d) part 5 (Sexual servitude).8 24 Further amendments, mentions of division 4.4.3 heading9 omit10 division 4.4.3 (Sexual and family violence offence proceedings—11 protection of counselling communications)12 substitute13 chapter 6B (Protection of counselling communications about sexual14 and family violence)15 in16 • dictionary, definitions of17 civil proceeding18 counselled person19 counselling20 counsellor21 criminal proceeding22 document recording a protected confidence23 harm24 preliminary criminal proceeding25

Chapter 2 General amendments Part 2.2 Evidence (Miscellaneous Provisions) Act 1991 Section 25 page 10 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au proceeding1 protected confidence2 protected confidence evidence3 25 Further amendments, mentions of div 4.4.34 omit5 div 4.4.36 substitute7 ch 6B8 in9 • section 79 heading10 • section 79A heading11 • section 79B heading12 • section 79IB heading13 26 Further amendments, mentions of division14 omit15 division16 substitute17 chapter18 in19 • section 7920 • section 79A21 • section 79B22 • section 79IB23 • section 79J24 • section 79JA25

General amendments Chapter 2 Evidence (Miscellaneous Provisions) Act 1991 Part 2.2 Section 27 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au • section 79K1 • section 79L2 • section 79M3 27 Further amendments, mentions of section 794 omit5 section 796 substitute7 section 988 in9 • dictionary, definitions of10 civil proceeding11 counselling12 counsellor13 criminal proceeding14 document recording a protected confidence15 harm16 preliminary criminal proceeding17 proceeding18 protected confidence evidence19

Chapter 2 General amendments Part 2.2 Evidence (Miscellaneous Provisions) Act 1991 Section 28 page 12 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 28 Further amendments, mentions of section 79A1 omit2 section 79A3 substitute4 section 98A5 in6 • section 79, definitions of7 counselled person8 document recording a protected confidence9 protected confidence10 • dictionary, definitions of11 counselled person12 protected confidence13 29 Further amendments, mentions of section 79E14 omit15 section 79E16 substitute17 section 98E18 in19 • section 79F20

General amendments Chapter 2 Evidence (Miscellaneous Provisions) Act 1991 Part 2.2 Section 30 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 30 Further amendments, mentions of section 79F1 omit2 section 79F3 substitute4 section 98F5 in6 • section 79E7 31 Further amendments, mentions of section 79G8 omit9 section 79G10 substitute11 section 98G12 in13 • section 79F14 • section 79H15 32 Further amendments, mentions of section 79IA16 omit17 section 79IA18 substitute19 section 98J20 in21 • section 79E22 • section 79IB23

Chapter 2 General amendments Part 2.2 Evidence (Miscellaneous Provisions) Act 1991 Section 33 page 14 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 33 Further amendments, mentions of section 79J1 omit2 section 79J3 substitute4 section 98L5 in6 • section 79D7

General amendments Chapter 2 Family Violence Act 2016 Part 2.3 Section 34 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.3 Family Violence Act 20161 34 Offence—contravention of family violence order2 Section 43 (1) (b)3 substitute4 (b) has been served in accordance with this Act with a copy of the5 family violence order.6 Note Service requirements for a family violence order are set out in—7 (a) if the order is a protection order—s 70C; and8 (b) if the order is an after-hours order—s 108.9 35 New division 4.1A10 before division 4.1, insert11 Division 4.1A Preliminary12 44B References to present and present in court13 (1) In this Act, a reference to a person being present in the Magistrates14 Court or present in court includes the person appearing in the court,15 with the court’s leave, by audiovisual link or telephone.16 (2) A person who is present in court in accordance with this section is17 taken to be before the court.18 Note The Magistrates Court Act 1930, s 311, also deals with appearing and19 giving evidence remotely.20 (3) In this section:21 audiovisual link—see the Evidence (Miscellaneous Provisions)22 Act 1991, dictionary.23

Chapter 2 General amendments Part 2.3 Family Violence Act 2016 Section 36 page 16 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 36 New section 82A (6)1 after the note, insert2 (6) If the application under section 82 is made by the protected person,3 and the protected person was not the applicant for the protection order4 (the original order)—5 (a) a reference in subsection (3) (b) and (4) (b) to the other party is6 also taken to refer to the applicant for the original order; and7 (b) a reference in subsection (5) to the respondent is also taken to8 refer to the applicant for the original order.9 37 Magistrate review of registrar decisions10 New section 91B (6A)11 insert12 (6A) If the applicant requests review of a relevant decision, the relevant13 decision is stayed until the review is heard or the request is14 withdrawn.15 38 Service of after-hours orders16 Section 108 (2)17 omit18 order that the application be served in the way, stated in the order,19 substitute20 make an order for service requiring that the after-hours order be21 served in a way, stated in the order for service,22

General amendments Chapter 2 Family Violence Act 2016 Part 2.3 Section 39 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 39 Interim court-initiated protection order taken to be special1 interim order2 Section 113 (e)3 omit4 section 47 (1) (b)5 substitute6 section 47 (2) to (5)7 40 Section 1568 substitute9 156 Review of Act10 (1) The Minister must—11 (a) review the operation and effectiveness of this Act as soon as12 practicable after the end of 2 years after the day part 2A (Family13 violence safety notices) commences; and14 (b) present a report of the review to the Legislative Assembly within15 12 months after the day the review is started.16 (2) This section expires 5 years after the day it commences.17

Chapter 2 General amendments Part 2.4 Personal Violence Act 2016 Section 41 page 18 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.4 Personal Violence Act 20161 41 Offence—contravention of protection order2 Section 35 (1) (b)3 substitute4 (b) has been served in accordance with this Act with a copy of the5 protection order.6 Note Service requirements for a protection order are set out in s 64C.7 42 New division 4.1A8 before division 4.1, insert9 Division 4.1A Preliminary10 38B References to present and present in court11 (1) In this Act, a reference to a person being present in the Magistrates12 Court or present in court includes the person appearing in the court,13 with the court’s leave, by audiovisual link or telephone.14 (2) A person who is present in court in accordance with this section is15 taken to be before the court.16 Note The Magistrates Court Act 1930, s 311, also deals with appearing and17 giving evidence remotely.18 (3) In this section:19 audiovisual link—see the Evidence (Miscellaneous Provisions)20 Act 1991, dictionary.21

General amendments Chapter 2 Personal Violence Act 2016 Part 2.4 Section 43 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 43 New section 76A (6)1 after the note, insert2 (6) If the application under section 76 is made by the protected person,3 and the protected person was not the applicant for the protection order4 (the original order)—5 (a) a reference in subsection (3) (b) and (4) (b) to the other party is6 also taken to refer to the applicant for the original order; and7 (b) a reference in subsection (5) to the respondent is also taken to8 refer to the applicant for the original order.9 44 Magistrate review of registrar decisions10 New section 83B (6A)11 insert12 (6A) If the applicant requests review of a relevant decision, the relevant13 decision is stayed until the review is heard or the request is14 withdrawn.15 45 Dictionary, definition of protection order, paragraph (a)16 substitute17 (a) means—18 (i) an interim personal protection order; or19 (ii) an interim workplace protection order; or20 (iii) a final personal protection order; or21 (iv) a final workplace protection order; and22

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 20 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Chapter 3 Family violence safety notices1 amendments2 Part 3.1 Family Violence Act 20163 Division 3.1.1 Family violence safety notices4 amendments5 46 New part 2A6 insert7 Part 2A Family violence safety notices8 Division 2A.1 Grounds for issuing family violence9 safety notice10 13B Grounds for issuing family violence safety notice11 A notice (a family violence safety notice) may be issued against a12 person (the respondent) only if—13 (a) there is a risk to an affected person of family violence by the14 respondent; and15 (b) a family violence safety notice is immediately necessary to—16 (i) ensure the safety of the affected person from the violence;17 or18 (ii) prevent substantial damage to the affected person’s19 property; and20 (c) the respondent is an adult; and21

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) there is no family violence safety notice already in force1 between the respondent and the affected person; and2 Note This includes a family violence safety notice between the parties3 naming the current respondent as the affected person, and the4 current affected person as the respondent.5 (e) the proposed family violence safety notice would not be6 inconsistent with any court order already in force in the ACT7 (other than a bail order).8 Note If a family violence safety notice is inconsistent with a bail order,9 the respondent’s failure to comply with the bail order is taken not10 to be a breach of the bail order (see Bail Act 1992, s 26A.11 Division 2A.2 Application for family violence safety12 notice13 13C Police officer may detain person during application14 period15 (1) This section applies if a police officer—16 (a) considers that the grounds in section 13B for issuing a family17 violence safety notice are satisfied in relation to a person; and18 (b) proposes to apply, or has applied, for a family violence safety19 notice against the person; and20 (c) believes on reasonable grounds that removing and detaining the21 person during the application period—22 (i) is necessary to ensure—23 (A) the safety of an affected person or someone else; or24 (B) that the family violence safety notice, if issued, may25 be immediately served on the person; and26 (ii) is the least restrictive option reasonably available.27

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Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 22 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The police officer may, during the application period—1 (a) remove the person to another place; and2 (b) detain the person.3 (3) A person must not be detained under this section for longer than4 4 hours.5 (4) A police officer must not, in the course of detaining a person under6 this section, use more force, or subject the person to greater indignity,7 than is necessary and reasonable to detain the person or to prevent8 their escape.9 (5) In this section:10 application period, for a family violence safety notice, means the11 period—12 (a) starting when a police officer decides to apply for the family13 violence safety notice against a person; and14 (b) ending when—15 (i) if a family violence safety notice is issued—a copy of the16 family violence safety notice is served on the person; or17 (ii) if the application for the family violence safety notice is18 refused—the senior police officer refusing the application19 notifies the police officer of the refusal.20 13D Police officer may apply for family violence safety notice21 (1) If a police officer (the applicant police officer) considers that the22 grounds in section 13B for issuing a family violence safety notice are23 satisfied, the police officer may apply to a senior police officer for a24 family violence safety notice.25

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In deciding whether to make an application, the applicant police1 officer must consider the following matters, as far as is reasonably2 practicable in the circumstances:3 (a) the affected person’s views about the proposed family violence4 safety notice;5 (b) the respondent’s views about the proposed family violence6 safety notice;7 (c) the affected person’s perception of the nature and seriousness of8 the respondent’s alleged conduct;9 (d) the welfare of any child who is an affected person;10 (e) any hardship that may be caused to the respondent or anyone11 else by the issuing of the family violence safety notice;12 (f) any previous family violence or personal violence by the13 respondent in relation to the affected person or anyone else,14 including—15 (i) any previous family violence safety notice or family16 violence order against the respondent; and17 (ii) any previous contravention of a family violence safety18 notice or family violence order by the respondent.19 Note An affected person includes any child who hears, witnesses or is20 otherwise exposed to family violence committed against another person21 (see s 8 (1), def family violence, par (b) and dict).22 (3) Also, in deciding whether to make an application, the applicant police23 officer must enquire whether—24 (a) a court order (other than a bail order) is already in force in the25 ACT in relation to the affected person or the respondent; or26 Examples—court order27 1 a family violence order28 2 an order under the Crimes (Sentencing) Act 200529 3 a protection order under the Personal Violence Act 2016.30

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 24 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a Family Law Act order applies to—1 (i) any child of the affected person or respondent; or2 (ii) any other child that is an affected person.3 (4) In this section:4 Family Law Act order—see section 15 (2).5 13E Police officer’s application requirements6 (1) An application for a family violence safety notice must be made—7 (a) in writing; or8 (b) if a written application is impracticable in the circumstances—9 orally.10 Note A written application may be made using electronic communication (see11 Electronic Transactions Act 2001, s 8).12 (2) The application must include—13 (a) a description of the conduct on which the application is based;14 and15 (b) a statement about how each ground in section 13B for issuing16 the family violence safety notice is satisfied; and17 (c) information about the following matters, as far as is reasonably18 practicable in the circumstances:19 (i) the affected person’s views about the application;20 (ii) the respondent’s views about the application;21 (iii) the affected person’s perception of the nature and22 seriousness of the respondent’s alleged conduct;23 (iv) the welfare of any child who is an affected person;24

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (v) any hardship that may be caused to the respondent or1 anyone else by the issuing of the family violence safety2 notice;3 (vi) any previous family violence or personal violence by the4 respondent in relation to the affected person or anyone5 else, including—6 (A) any previous family violence safety notice or family7 violence order against the respondent; and8 (B) any previous contravention of a family violence9 safety notice or family violence order by the10 respondent; and11 (d) a statement about whether, as a result of an enquiry made under12 section 13D (3), there is a court order already in force in the13 ACT or a Family Law Act order applies;14 (e) the conditions proposed for the family violence safety notice;15 and16 Note In deciding conditions, the paramount consideration must be the17 safety and protection of the affected person and any affected child18 (see s 13O). After that, the conditions must be the least restrictive19 of the personal rights and liberties of the respondent (see s 13P).20 (f) any other information required by the senior police officer to21 whom the application is made.22 13F Police officer’s decision to not apply to be recorded in23 police records24 (1) This section applies if a police officer—25 (a) considers that the grounds in section 13B for issuing a family26 violence safety notice are satisfied; but27 (b) decides not to apply for a family violence safety notice.28

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 26 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The police officer must make a written record of the decision,1 including the following information:2 (a) the police officer’s name, rank and identification number;3 (b) the name of the respondent;4 (c) the name of the affected person;5 (d) the reasons for deciding not to apply for a family violence safety6 notice;7 (e) what action (if any) is to be taken in relation to the respondent8 and the affected person.9 (3) The police officer must keep the record in the police records.10 13G Senior police officer must decide application11 (1) A senior police officer who receives an application for a family12 violence safety notice may request further information from the13 applicant police officer.14 (2) However, the senior police officer must decide the application—15 (a) as soon as is practicable in the circumstances; and16 (b) in 1 of the following ways:17 (i) by issuing a family violence safety notice under18 section 13H;19 (ii) by refusing the application and making the required police20 record under section 13N.21

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2A.3 Issuing a family violence safety notice1 13H Senior police officer may issue family violence safety2 notice3 (1) A senior police officer (the issuing police officer) may issue a family4 violence safety notice if they—5 (a) receive an application for a family violence safety notice under6 section 13D; and7 (b) believe on reasonable grounds that the grounds in section 13B8 for issuing a family violence safety notice are satisfied.9 (2) In deciding whether to issue a family violence safety notice, the10 issuing police officer must consider the following matters, as far as is11 reasonably practicable in the circumstances:12 (a) the affected person’s views about the proposed family violence13 safety notice;14 (b) the respondent’s views about the proposed family violence15 safety notice;16 (c) the affected person’s perception of the nature and seriousness of17 the respondent’s alleged conduct;18 (d) the welfare of any child who is an affected person;19 (e) any hardship that may be caused to the respondent or anyone20 else by the issuing of the family violence safety notice;21 (f) any previous family violence or personal violence by the22 respondent in relation to the affected person or anyone else,23 including—24 (i) any previous family violence safety notice or family25 violence order against the respondent; and26

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 28 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) any previous contravention of a family violence safety1 notice or family violence order by the respondent.2 Note An affected person includes any child who hears, witnesses or is3 otherwise exposed to family violence committed against another person4 (see s 8 (1), def family violence, par (b) and dict).5 (3) The issuing police officer must make a written record of the matters6 considered under subsection (2) and keep the record in the police7 records.8 13I Form of family violence safety notice9 A family violence safety notice must be in writing and include the10 following information:11 (a) the name, rank and identification number of—12 (i) the applicant police officer; and13 (ii) the issuing police officer;14 (b) the respondent’s name;15 (c) the name of the protected person;16 (d) a brief statement about how each ground in section 13B for17 issuing the family violence safety notice is satisfied;18 (e) the conditions of the family violence safety notice;19 Note In deciding conditions, the paramount consideration must be the20 safety and protection of the affected person and any affected child21 (see s 13O). After that, the conditions must be the least restrictive22 of the personal rights and liberties of the respondent (see s 13P).23 (f) the date and time the family violence safety notice is made;24 (g) a statement explaining when the family violence safety notice25 comes into force, and its duration, under section 13L.26 Note A family violence safety notice may be issued using electronic27 communication (see Electronic Transactions Act 2001, s 8).28

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13J Who may be included in a family violence safety notice1 (1) A family violence safety notice may be issued against only2 1 respondent.3 (2) A family violence safety notice may be made in relation to only4 1 affected person and 1 or more children of the affected person.5 13K Family violence safety notice generally not to include6 protected person’s address7 A family violence safety notice must not include a protected person’s8 home or work address unless—9 (a) the protected person agrees to the address being included; or10 (b) it is necessary to include the address to allow the respondent to11 comply with the family violence safety notice; or12 (c) the issuing police officer is satisfied that the respondent already13 knows the address.14 13L Duration of family violence safety notice15 (1) A family violence safety notice—16 (a) comes into force when it is served on the respondent; and17 (b) remains in force for 14 days after the day the notice is served on18 the respondent.19 (2) However, a family violence safety notice—20 (a) may be revoked earlier by the Magistrates Court; and21 (b) is automatically revoked if a family violence order is made22 against the respondent in relation to the protected person and the23 order is served on the respondent.24 (3) A family violence safety notice cannot be renewed or extended.25

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 30 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13M Family violence safety notice to be given to Magistrates1 Court2 The issuing police officer for a family violence safety notice must—3 (a) give a copy of the family violence safety notice to the registrar4 of the Magistrates Court; and5 (b) keep a copy of the family violence safety notice in the police6 records.7 13N Senior police officer’s refusal to be recorded in police8 records9 (1) A senior police officer who refuses an application for a family10 violence safety notice must make a written record of the refusal,11 including the following information:12 (a) their name, rank and identification number;13 (b) the name, rank and identification number of the applicant police14 officer;15 (c) the name of the respondent in the application;16 (d) the name of the affected person in the application;17 (e) the reasons for refusing to issue the family violence safety18 notice, including each ground in section 13B that was not19 satisfied;20 (f) what action (if any) is to be taken in relation to the respondent21 and the affected person.22 (2) The senior police officer must keep the record in the police records.23

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2A.4 Conditions of family violence safety1 notices2 Note See also the Bail Act 1992, s 26A (Bail condition inconsistent with family3 violence safety notice)4 13O Paramount consideration—safety of affected person and5 children6 In deciding the conditions to be included in a family violence safety7 notice, the issuing police officer must give paramount consideration8 to the safety and protection of the affected person and any child9 directly or indirectly affected by the respondent’s alleged conduct.10 13P Consideration—least restrictive principle11 An issuing police officer must ensure the conditions included in a12 family violence safety notice are the least restrictive of the personal13 rights and liberties of the respondent as possible that still achieve the14 objects of this Act and give effect to section 13O.15 13Q Conditions—generally16 (1) A family violence safety notice may include the conditions the17 issuing police officer considers necessary taking into account18 section 13O and section 13P.19 (2) Without limiting subsection (1), a family violence safety notice may20 include 1 or more of the following:21 (a) a condition prohibiting the respondent from being on premises22 where the protected person lives;23 Note Section 13R sets out matters to be considered when including a24 condition prohibiting a respondent from being on premises where25 the respondent lives.26 (b) a condition prohibiting the respondent from being on premises27 where the protected person works;28

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Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 32 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) a condition prohibiting the respondent from being on premises1 where the protected person is likely to be;2 (d) a condition prohibiting the respondent from being in a particular3 place;4 (e) a condition prohibiting the respondent from being within a5 particular distance from the protected person;6 (f) a condition prohibiting the respondent from attempting to locate7 or locating the protected person;8 (g) a condition prohibiting the respondent from contacting the9 protected person;10 (h) a condition prohibiting the respondent from engaging in11 behaviour mentioned in section 8, definition of family violence;12 (i) a condition prohibiting the respondent from doing anything13 mentioned in paragraphs (e) to (h) in relation to—14 (i) a child of the protected person; or15 (ii) any other child if the issuing police officer is satisfied that16 there is an unacceptable risk of the child being exposed to17 family violence;18 (j) a condition prohibiting the respondent from causing someone19 else to do something mentioned in paragraphs (f) to (i);20 (k) a condition prohibiting the respondent from taking possession of21 stated personal property that is reasonably needed by the22 protected person or a child of the protected person;23 (l) a condition requiring the respondent to give the protected person24 stated personal property of the protected person or a child of the25 protected person, that is in the respondent’s possession;26

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 34 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (C) any child of the protected people or the respondent;1 and2 (ii) the length of time required for a person mentioned in3 paragraph (b) (i) to find alternative accommodation.4 (2) In this section:5 exclusion condition means a condition in a family violence safety6 notice prohibiting the respondent from being on premises where the7 respondent lives.8 protected people, in relation to a respondent, means the protected9 person and any child directly or indirectly affected by the10 respondent’s alleged conduct.11 13S Conditions—conflict with court order12 (1) If a condition in a family violence safety notice is inconsistent with a13 court order in force in the ACT—14 (a) the family violence safety notice continues in force; but15 (b) the court order prevails to the extent of the inconsistency.16 (2) However, this section does not apply to a bail condition in a bail order17 if the Bail Act 1992, section 26B (Bail condition may be taken to18 displace family violence safety notice condition) applies to the bail19 condition.20 Division 2A.5 Service and explanation of family21 violence safety notice22 13T Police officer must serve family violence safety notice23 (1) A family violence safety notice issued against a respondent must be24 personally served on the respondent as soon as practicable by a police25 officer.26

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If the respondent agrees, the police officer may personally serve the1 family violence safety notice on the respondent using electronic2 communication.3 Example—personal service using electronic communication4 A police officer with the respondent emails the family violence safety notice to the5 respondent and observes the respondent receiving the email.6 (3) If the family violence safety notice is served using electronic7 communication, the police officer serving the notice must make a8 written record of the following and keep the record in the police9 records:10 (a) the form of electronic communication used to serve the notice;11 (b) how the notice was served using that form of electronic12 communication;13 (c) the respondent’s agreement to the notice being served using that14 form of electronic communication.15 (4) A copy of a family violence safety notice issued against a respondent16 must also be given to the following people:17 (a) the protected person;18 (b) the chief police officer;19 (c) the registrar of firearms;20 (d) if the protected person is a child—the child’s parent or guardian;21 (e) if the protected person has a disability guardian—the guardian;22 (f) anyone else the issuing police officer is satisfied has a relevant23 interest in the matter who does not already have a copy of the24 family violence safety notice.25 Note A family violence safety notice may be given using electronic26 communication (see Electronic Transactions Act 2001, s 8).27 (5) A failure to comply with subsection (4) does not affect the validity of28 the family violence safety notice.29

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 36 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Note Section 70F contains provisions about giving a document to a child or the1 child’s parent or guardian.2 13U Police officer must explain family violence safety notice3 (1) A police officer serving a copy of a family violence safety notice on4 a respondent must, as far as practicable in the circumstances,5 personally explain to the respondent in language likely to be readily6 understood by the respondent—7 (a) the purpose, conditions, effect and duration of the family8 violence safety notice; and9 (b) the consequences of contravening the family violence safety10 notice; and11 (c) how the respondent may apply to the Magistrates Court to have12 the family violence safety notice amended or revoked.13 (2) A police officer giving a copy of a family violence safety notice to a14 protected person must, as far as practicable in the circumstances,15 explain to the protected person—16 (a) the purpose, conditions and effect of the family violence safety17 notice; and18 (b) the consequences of the respondent contravening the family19 violence safety notice; and20 (c) how the protected person may apply to the Magistrates Court to21 have the family violence safety notice amended or revoked; and22 (d) how the protected person may apply to the Magistrates Court for23 a family violence order.24 (3) A failure to comply with this section does not affect the validity of25 the service of the family violence safety notice.26

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 38 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2A.6 Amendment and revocation of family1 violence safety notices2 13W Meaning of amend a family violence safety notice—pt 2A3 In this part:4 amend, a family violence safety notice—5 (a) includes amend the notice by—6 (i) adding further conditions, prohibitions or restrictions to7 the notice; or8 (ii) amending or removing conditions, prohibitions or9 restrictions in the notice; or10 (iii) reducing the period for which the notice remains in force;11 but12 (b) does not include extending the period for which the notice13 remains in force.14 13X Police officer cannot amend or revoke family violence15 safety notice16 A police officer cannot amend or revoke a family violence safety17 notice after it has been served on the respondent.18 13Y Application to Magistrates Court to amend or revoke19 family violence safety notice20 (1) Any of the following people may apply to the Magistrates Court for21 amendment or revocation of a family violence safety notice:22 (a) the protected person;23 (b) a senior police officer;24

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the respondent.1 Note If a form is approved under the Court Procedures Act 2004, s 8 for an2 application, the form must be used.3 (2) An application for amendment or revocation—4 (a) must state—5 (i) the amendments sought; and6 (ii) the reasons for the application; and7 (b) may include any other information in support of the application.8 Examples—par (a) (ii)9 1 the protected person has had a change in circumstances since the family10 violence safety notice was issued11 2 the family violence safety notice restricts the respondent’s rights unnecessarily12 (3) If the registrar of the Magistrates Court receives an application for13 amendment or revocation of a family violence safety notice—14 (a) if a return date for the application is available before the family15 violence safety notice expires—the registrar must, as soon as16 practicable—17 (i) set a return date for the application that is before the family18 violence safety notice expires; and19 (ii) serve on the other parties—20 (A) a copy of the application; and21 (B) notice of the return date; and22 (iii) give the applicant notice of the return date; or23 (b) if a return date for the application is not available before the24 family violence safety notice expires—the registrar or the court25 must dismiss the application.26 (4) Service of the documents under subsection (3) (a) must be personal27 service.28

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 40 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) However, if personal service is not reasonably practicable, the court1 may order that the documents be served in a way, stated in the order,2 that the court considers is likely to bring the documents to the3 attention of the other parties.4 (6) In this section:5 other parties means—6 (a) if the applicant is the protected person—the issuing police7 officer and the respondent; and8 (b) if the applicant is a senior police officer—the protected person9 and the respondent; and10 (c) if the applicant is the respondent—the protected person and the11 issuing police officer.12 13Z Decision by Magistrates Court to amend family violence13 safety notice14 The Magistrates Court may amend a family violence safety notice15 only if satisfied that—16 (a) amending the notice will not adversely affect the safety of the17 protected person; and18 (b) the notice as amended could be made by a senior police officer19 on application for the notice under this part; and20 (c) if the amendment would reduce the protection of a child who is21 15 years old or younger—the child is no longer in need of the22 greater protection provided by the unamended notice.23 Note A family violence safety notice cannot be renewed or extended (see24 s 13L (3)).25

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13ZA Service of amended family violence safety notice1 (1) If a court amends a family violence safety notice, the registrar must—2 (a) serve a copy of the amended family violence safety notice on the3 respondent; and4 (b) give a copy of the amended family violence safety notice to the5 following people:6 (i) the protected person;7 (ii) the chief police officer;8 (iii) the registrar of firearms;9 (iv) if the protected person is a child—the child’s parent or10 guardian;11 (v) if the protected person has a disability guardian—the12 guardian;13 (vi) anyone else the court is satisfied has a relevant interest in14 the matter who does not already have a copy of the family15 violence safety notice.16 Note Section 13V deals with giving a family violence safety notice to a child.17 (2) Service under subsection (1) (a) must be personal service unless—18 (a) the respondent is present when the family violence safety notice19 is amended; or20 (b) if personal service is not reasonably practicable—the court21 makes an order for service requiring that the amended family22 violence safety notice be served in a way, stated in the order for23 service, that the court considers is likely to bring the amended24 family violence safety notice to the attention of the respondent.25 (3) The failure of the registrar to comply with subsection (1) (b) (vi) does26 not affect the validity of the family violence safety notice.27

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 46 page 42 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13ZB Decision by Magistrates Court to revoke family violence1 safety notice2 (1) The Magistrates Court may revoke a family violence safety notice3 only if satisfied that—4 (a) revoking the notice will not adversely affect the safety of the5 protected person; and6 (b) if the revocation would reduce the protection of a child who is7 15 years old or younger—the child is no longer in need of the8 protection provided by the notice.9 (2) If the Magistrates Court revokes a family violence safety notice, the10 registrar must notify the following people, in writing, about the11 revocation:12 (a) the respondent;13 (b) the protected person;14 (c) the chief police officer;15 (d) the registrar of firearms;16 (e) if the protected person is a child—the child’s parent or guardian;17 (f) if the protected person has a disability guardian—the guardian;18 (g) anyone else the court is satisfied has a relevant interest in the19 revocation who has not already been notified of the revocation.20 Note Section 13V deals with giving a family violence safety notice to a child.21 (3) The failure of the registrar to comply with subsection (2) does not22 affect the revocation of the family violence safety notice.23

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Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2A.7 Effects of family violence safety1 notices2 13ZC Offence—contravene family violence safety notice3 (1) A person commits an offence if the person—4 (a) is a respondent for a family violence safety notice; and5 (b) has been served with the family violence safety notice; and6 (c) engages in conduct that contravenes a condition in the family7 violence safety notice.8 Maximum penalty: 200 penalty units, imprisonment for 2 years or9 both.10 Note In deciding the sentence to be imposed on a person under this section, the11 Magistrates Court must consider the matters under the Crimes12 (Sentencing) Act 2005, s 33 (Sentencing—relevant considerations).13 (2) Subsection (1) does not apply if—14 (a) the conduct contravening the notice was necessary on15 reasonable grounds to avoid breaching a condition of the16 person’s bail; and17 (b) the bail condition was, under the Bail Act 1992, section 26B18 expressed to prevail over a condition in the family violence19 safety notice.20 Note The defendant has an evidential burden in relation to the matters21 mentioned in s (2) (see Criminal Code, s 58).22 (3) A person does not commit an offence under the Criminal Code,23 section 45 (Complicity and common purpose) if the person—24 (a) is a protected person under the family violence safety notice; and25 (b) aids, abets, counsels, procures, or is knowingly concerned in or26 a party to, the commission of conduct that contravenes the27 family violence safety notice.28

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 47 page 44 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13ZD Firearms licence suspended if family violence safety1 notice issued2 If a family violence safety notice is in force against a respondent who3 is the holder of a firearms licence—4 (a) the respondent’s firearms licence is suspended until the family5 violence safety notice ends; and6 (b) a police officer may seize—7 (i) the firearms licence; and8 (ii) any firearm or ammunition in the respondent’s possession.9 13ZE Family violence safety notice continues in force when10 protected person becomes adult11 (1) This section applies if—12 (a) a family violence safety notice is in force; and13 (b) a protected person is a child when the family violence safety14 notice is issued.15 (2) The family violence safety notice continues in force in accordance16 with the terms of the notice and this Act when the protected person17 becomes an adult.18 47 After-hours orders19 Part 720 omit21

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Family violence safety notices amendments Division 3.1.1 Section 48 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 48 New part 251 insert2 Part 25 Transitional—Family, Personal3 and Sexual Violence Legislation4 Amendment Act 20255 231 Meaning of commencement day—pt 256 In this part:7 commencement day means the day the Family, Personal and Sexual8 Violence Legislation Amendment Act 2025, section 46 (New part 2A)9 commences.10 232 After-hours orders11 (1) This section applies if—12 (a) immediately before the commencement day, an after-hours13 order is in force against a person; and14 (b) the order would end on or after the commencement day.15 (2) The order continues in force until it is revoked or expires.16 (3) This Act, as in force immediately before the commencement day,17 continues to apply in relation to the order until the order is revoked18 or expires.19 (4) In this section:20 after‑hours order—see this Act, dictionary, as in force immediately21 before the commencement day.22

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.1 Family violence safety notices amendments Section 48 page 46 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 233 Protection orders1 (1) This section applies if—2 (a) immediately before the commencement day, a protection order3 is in force against a person; and4 (b) the order would end on or after the commencement day.5 (2) The order is, on the commencement day, taken to be a family violence6 order made under this Act.7 (3) In this section:8 protection order—see this Act, dictionary, as in force immediately9 before the commencement day.10 234 Expiry—pt 2511 This part expires 1 year after the day it commences.12 Note A transitional provision is repealed on its expiry but continues to have13 effect after its repeal (see Legislation Act, s 88).14

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Consequential amendments Division 3.1.2 Section 49 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.1.2 Consequential amendments1 49 How objects are to be achieved2 New section 7 (aa)3 before paragraph (a), insert4 (aa) giving the police power to issue family violence safety notices5 to protect people from family violence; and6 50 Section 7 (b)7 substitute8 (b) creating offences to enforce family violence safety notices and9 family violence orders; and10 51 Matters to be considered—family violence orders11 Section 14 (1) (g) and (h)12 substitute13 (g) any of the following, in force at any time against the respondent:14 (i) a family violence safety notice;15 (ii) a family violence order;16 (iii) a protection order under the Personal Violence Act 2016;17 (iv) a family violence related order;18 (h) any contravention of any of the following, in force at any time19 against the respondent:20 (i) a family violence safety notice;21 (ii) a family violence order;22 (iii) a protection order under the Personal Violence Act 2016;23 (iv) a family violence related order;24

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.2 Consequential amendments Section 52 page 48 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52 Section 14 (3)1 omit2 in relation to3 substitute4 in deciding whether to make5 53 Section 14 (4)6 substitute7 (4) In this section:8 family violence related order includes the following:9 (a) an after-hours order under this Act as in force at any time;10 (b) a protection order under this Act as in force at any time;11 (c) a protection order under the Domestic Violence Agencies12 Act 1986 as in force at any time;13 (d) a protection order under the Domestic Violence and Protection14 Orders Act 2001 as in force at any time;15 (e) a protection order under the Domestic Violence and Protection16 Orders Act 2008 as in force at any time;17 (f) a restraining order under the Magistrates Court Act 1930 before18 27 March 2002;19 (g) an order under a law of a State, another Territory or New20 Zealand that has or had the same effect, or substantially the same21 effect, as—22 (i) a family violence order under this Act; or23 (ii) a protection order under the Personal Violence Act 2016.24

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Consequential amendments Division 3.1.2 Section 54 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 54 Family Law Act order1 Section 15 (1), note 12 omit3 55 Who may apply for protection orders?4 Section 16 (1), note 15 omit6 56 What if application is made for the wrong order?7 Section 18 (1) (a)8 omit9 protection order under this Act10 substitute11 family violence order12 57 Section 18 (1) (b) (ii)13 omit14 an order15 substitute16 a protection order17 58 What if application for the wrong order is decided?18 Section 19 (1), example19 omit20

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.2 Consequential amendments Section 59 page 50 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 59 Sections 27 and 381 omit2 having regard to3 substitute4 taking into account5 60 Offence—contravention of family violence order6 Section 43 (1) (b) note7 substitute8 Note Service requirements for a family violence order are in s 70C.9 61 Section 44 heading10 substitute11 44 Firearms licence automatically suspended or cancelled12 62 Section 44 (1) and note13 substitute14 (1) If an interim order is made against a respondent who is the holder of15 a firearms licence, the respondent’s firearms licence is suspended16 until the interim order ends.17 Note For the application of this section to consent orders, see s 33 (4).18 63 Giving evidence by affidavit for interim order19 Section 62A (2) (b), except note20 substitute21 (b) sworn or affirmed before a senior police officer.22

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Consequential amendments Division 3.1.2 Section 64 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 64 Service of protection orders1 Section 70C (1), note 12 omit3 65 Affidavit of service of documents by police4 Section 70G5 omit6 another police officer of, or above, the rank of sergeant7 substitute8 a senior police officer9 66 Representation—party with impaired decision-making10 ability11 Section 76 (3), except note12 substitute13 (3) Nothing in this section prevents a court or judicial officer from14 making an interim order against a respondent with impaired15 decision-making ability if the court is satisfied of the matters16 mentioned in section 21 (Interim orders—grounds for making).17 67 Definitions—pt 918 Section 115, definition of family violence order19 omit20 68 Section 115, definition of FVO21 omit22 (or family violence order)23

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.2 Consequential amendments Section 69 page 52 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 69 Section 115, definition of interim FVO, paragraph (a) and1 note2 substitute3 (a) a family violence safety notice;4 70 Section 115, definition of local FVO, paragraph (a)5 substitute6 (a) means—7 (i) a family violence safety notice under this Act; or8 (ii) a family violence order under this Act; but9 71 Certificate evidence—notification10 Section 139 (5), definition of authorised officer, paragraph11 (b) (ii)12 substitute13 (ii) a senior police officer for the ACT.14 72 Division 9.6 heading15 substitute16 Division 9.6 Application of pt 9—existing FVOs17 73 Dictionary, definition of after-hours order18 omit19

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Consequential amendments Division 3.1.2 Section 74 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 74 Dictionary, definition of amend1 substitute2 amend—3 (a) for a family violence order—includes amend the order by—4 (i) adding further conditions, prohibitions or restrictions to5 the order or amending or removing conditions,6 prohibitions or restrictions; or7 (ii) extending or reducing the period for which the order8 remains in force; and9 (b) for a family violence safety notice, for part 2A (Family violence10 safety notices)—see section 13W.11 75 Dictionary, new definition of applicant police officer12 insert13 applicant police officer, for part 2A (Family violence safety14 notices)—see section 13D (1).15 76 Dictionary, definition of business hours16 omit17 77 Dictionary, definition of commencement day18 omit19 protection orders20 substitute21 FVOs22

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.2 Consequential amendments Section 78 page 54 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 78 Dictionary, definition of family violence order1 substitute2 family violence order—3 (a) means—4 (i) an interim order; or5 (ii) a final order; and6 (b) includes—7 (i) an order about the seizure of a firearms licence, firearm or8 ammunition; and9 (ii) an order amending a family violence order, including an10 order for a provisional amendment under section 82B or a11 temporary amendment under section 84.12 79 Dictionary, new definition of family violence safety notice13 insert14 family violence safety notice—see section 13B.15 80 Dictionary, definition of final order16 substitute17 final order—18 (a) means a family violence order that is not an interim order; and19 (b) includes an order amending a final order.20 81 Dictionary, new definition of issuing police officer21 insert22 issuing police officer, for part 2A (Family violence safety notices)—23 see section 13H (1).24

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Consequential amendments Division 3.1.2 Section 82 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 82 Dictionary, definition of proceeding1 substitute2 proceeding—3 (a) for a family violence order, means—4 (i) a proceeding for a family violence order; or5 Note As a family violence order includes an order amending a6 family violence order (see def family violence order), a7 proceeding for a family violence order includes a8 proceeding to amend the order.9 (ii) a proceeding to review a family violence order under10 part 6 (Review of orders); or11 (iii) for part 8 (Court-initiated actions)—the family violence12 proceeding to the extent that the proceeding relates to the13 exercise of jurisdiction under this Act; and14 (b) for a family violence safety notice—means a proceeding for15 amendment or revocation of a family violence safety notice.16 83 Dictionary, definition of protected person17 substitute18 protected person means a person protected under—19 (a) a family violence order; or20 (b) a family violence safety notice.21 84 Dictionary, definition of protection order22 omit23

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.2 Consequential amendments Section 85 page 56 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 85 Dictionary, definition of respondent1 substitute2 respondent means—3 (a) for part 2A (Family violence safety notices)—see section 13B;4 or5 (b) for part 8 (Court-initiated actions)—the defendant in the family6 violence proceeding; or7 (c) in any other case—8 (i) a person in relation to whom an application for a family9 violence order has been made; or10 (ii) a person against whom a family violence order has been11 made.12 86 Dictionary, new definition of senior police officer13 insert14 senior police officer means a police officer of, or above, the rank of15 sergeant.16 87 Further amendments, mentions of protection order17 omit18 protection order19 substitute20 family violence order21 in22 • sections 16 to 1723 • section 19 (1) (a) and (d)24 • section 3325

Family violence safety notices amendments Chapter 3 Family Violence Act 2016 Part 3.1 Consequential amendments Division 3.1.2 Section 87 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au • section 391 • division 4.1 heading2 • sections 46 to 493 • sections 51 to 60C4 • sections 61 to 62A5 • sections 66 to 686 • sections 70A to 70D7 • sections 71 and 71A8 • sections 82 to 839 • section 8610 • sections 91 to 91B11 • section 10712 • sections 113 and 11413 • dictionary, definitions of14 application15 consent order16 general interim order17 return date18 returned19 special interim order20

Chapter 3 Family violence safety notices amendments Part 3.1 Family Violence Act 2016 Division 3.1.2 Consequential amendments Section 88 page 58 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 88 Further amendments, mentions of protection orders1 omit2 protection orders3 substitute4 family violence orders5 in6 • division 3.2 heading7 • section 16 heading8 • division 4.4 heading9 • section 70C heading10 • part 5 heading11 • section 82 heading12 • section 82A heading13 • section 83 heading14

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Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Bail Act 1992 Division 3.2.1 Section 89 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3.2 Other legislation1 Division 3.2.1 Bail Act 19922 89 Bail for serious offence committed while charge for3 another pending or outstanding4 Section 9D (4) and (5) (b)5 omit6 authorised person7 substitute8 authorised officer9 90 Conditions on which bail may be granted to adults10 Section 25 (4) (f) (i)11 omit12 section 8 (1), definition of family violence, paragraph (a)13 substitute14 section 8, definition of family violence15 91 New section 26A and 26B16 insert17 26A Bail condition inconsistent with family violence safety18 notice19 (1) This section applies if—20 (a) a family violence safety notice is in force against a person; and21 (b) a bail condition is also in force against the person; and22 (c) the bail condition is inconsistent with a condition in the family23 violence safety notice; and24

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.1 Bail Act 1992 Section 91 page 60 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) a court or authorised officer imposing the bail condition has not1 stated that section 26B (2) applies to the bail condition.2 (2) The person’s failure to comply with the bail condition, to the extent3 needed to comply with the family violence safety notice, is taken not4 to be a breach of the bail condition.5 26B Bail condition may be taken to displace family violence6 safety notice condition7 (1) This section applies if—8 (a) a family violence safety notice is in force against a person; and9 (b) a court or authorised officer imposes a bail condition on the10 person that would be inconsistent with a condition in the family11 violence safety notice; and12 (c) the court or authorised officer is satisfied that the proposed bail13 condition would better protect the safety or welfare of a14 protected person mentioned in the family violence safety notice.15 (2) If the court or authorised officer imposes the bail condition, and when16 imposing the condition states that the condition is intended to displace17 a condition in a family violence safety notice (to the extent of the18 inconsistency)—19 (a) section 26A (2) does not apply to the person; and20 (b) the person’s failure to comply with the family violence safety21 notice, to the extent needed to comply with the bail condition, is22 taken not to be a contravention of the family violence safety23 notice.24 (3) In this section:25 family violence safety notice—see the Family Violence Act 2016,26 section 13B.27

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Children and Young People Act 2008 Division 3.2.2 Section 92 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 61 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.2 Children and Young People Act 20081 92 What is significant harm?2 Section 344 (4)3 omit4 93 Interim matters—Court action before adjournment5 Section 431 (2) (d)6 before7 interim protection order8 insert9 interim family violence order or10 94 Division 14.3.5 heading11 substitute12 Division 14.3.5 Family violence orders and protection13 orders14 95 Section 45815 substitute16 458 Meaning of relevant Act—div 14.3.517 In this division:18 relevant Act means—19 (a) for a family violence order—the Family Violence Act 2016; or20

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.2 Children and Young People Act 2008 Section 96 page 62 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for a protection order—the Personal Violence Act 2016.1 Note 1 A family violence order is an interim or final order and includes an order2 about the seizure of a firearms licence, firearm or ammunition and an3 order amending a family violence order (see Family Violence Act 2016,4 dict, def family violence order).5 Note 2 A protection order is an interim or final personal or workplace order and6 includes an order about the seizure of a firearms licence, firearm or7 ammunition and an order amending a protection order (see Personal8 Violence Act 2016, dict, def protection order).9 96 Section 459 heading10 substitute11 459 Childrens Court may make or amend family violence12 orders and protection orders13 97 Section 459 (2), except notes14 before15 protection order16 insert17 family violence order or18 98 Section 459 (2), note 119 substitute20 Note 1 A child younger than 14 years old cannot be a respondent to an21 application for a family violence order or a protection order (see Family22 Violence Act 2016, s 75 and Personal Violence Act 2016, s 69).23

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Children and Young People Act 2008 Division 3.2.2 Section 99 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 99 Section 459 (2), note 21 before2 interim protection order3 insert4 interim family violence order or5 100 Section 459 (3)6 omit7 (3) The Childrens Court may make a protection order or amend an8 existing protection order—9 substitute10 (3) The Childrens Court may make a family violence order or protection11 order, or amend an existing family violence order or protection12 order—13 101 Section 459 (3) note14 before15 protection order16 insert17 family violence order or18 102 Section 459 (4), definition of family violence19 omit20 103 Section 460 heading21 substitute22 460 Effect of making family violence order or protection order23 under this Act24

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.2 Children and Young People Act 2008 Section 104 page 64 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 104 Section 4601 before2 protection order3 insert4 family violence order or5 105 Police assistance6 Section 679 (1) (h) and note7 substitute8 (h) a family violence order or protection order;9 Note A family violence order under the Family Violence Act 2016 or a10 protection order under the Personal Violence Act 2016 may be11 made by the Childrens Court under s 459.12 106 Safe custody warrant—criteria13 Section 686 (1) (a) (v) and note14 substitute15 (v) a family violence order or protection order;16 Note A family violence order under the Family Violence Act 201617 or a protection order under the Personal Violence Act 201618 may be made by the Childrens Court under s 459.19 107 Appeals to Supreme Court—generally20 Section 835 (1) note21 substitute22 Note An appeal in relation to a family violence order under the Family23 Violence Act 2016, or a protection order under the Personal Violence24 Act 2016, that was made by the Childrens Court under s 459, is dealt with25 under the relevant Act (see s 460 (c)).26

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Children and Young People Act 2008 Division 3.2.2 Section 108 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 65 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 108 Dictionary, new definitions1 insert2 family violence—see the Family Violence Act 2016, section 8.3 family violence order—see the Family Violence Act 2016, dictionary.4 Note A family violence order is an interim or final order and includes an order5 about the seizure of a firearms licence, firearm or ammunition and an6 order amending a family violence order (see Family Violence Act 2016,7 dict, def family violence order).8 109 Dictionary, definition of protection order9 substitute10 protection order—see the Personal Violence Act 2016, dictionary.11 Note A protection order is an interim or final personal or workplace order and12 includes an order about the seizure of a firearms licence, firearm or13 ammunition and an order amending a protection order (see Personal14 Violence Act 2016, dict, def protection order).15 110 Dictionary, definition of relevant Act16 substitute17 relevant Act, for division 14.3.5 (Family violence orders and18 protection orders)—see section 458.19

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.3 Crimes Act 1900 Section 111 page 66 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.3 Crimes Act 19001 111 Seizure of firearms—warrants and emergencies2 Section 191 (4) (b)3 omit4 protection order under the Family Violence Act 20165 substitute6 family violence order7 112 Section 192 heading8 substitute9 192 Seizure of firearms—family violence safety notices,10 family violence orders and protection orders11 113 New section 192 (1A)12 before subsection (1), insert13 (1A) For this section, a firearms seizure provision is in operation against14 a person who holds a firearms licence (the licensee) if—15 (a) a family violence safety notice is in force against the licensee;16 or17 Note If a family violence safety notice is in force against a person who18 holds a firearms licence, a police officer may seize the firearms19 licence and any firearm or ammunition in the person’s possession20 (see Family Violence Act 2016, s 13ZD).21 (b) a family violence order is made against the licensee and the court22 or judicial officer orders the seizure of the firearms licence, a23 firearm or ammunition; or24 Note See the Family Violence Act 2016, s 44.25

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Crimes Act 1900 Division 3.2.3 Section 114 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 67 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) a protection order is made against a licensee and the Magistrates1 Court orders the seizure of the firearms licence, a firearm or2 ammunition.3 Note See the Personal Violence Act 2016, s 38.4 114 Section 192 (1)5 omit6 an order under a protection order provision7 substitute8 a firearms seizure provision in operation against a licensee9 115 Section 192 (1) (a)10 omit11 respondent named in the order12 substitute13 licensee14 116 Section 192 (5) (a)15 omit16 for the purpose of enforcing an order mentioned in that subsection;17 and18 substitute19 ; but20

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.3 Crimes Act 1900 Section 117 page 68 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 117 Section 192 (5) (b)1 omit2 a protection order provision3 substitute4 a firearms seizure provision in operation against a licensee5 118 Section 192 (5) (c)6 substitute7 (c) the licensee produces to the registrar of firearms a certificate of8 the registrar of the Magistrates Court to the effect that the9 firearms seizure provision is no longer in operation against the10 licensee; and11 119 Section 192 (5) (d)12 omit13 court orders in force14 substitute15 firearms seizure provisions in operation against the licensee16 120 Section 192 (8)17 omit18 121 Definitions—div 10.4A19 Section 210A, definition of serious offence, paragraph (c)20 omit21 within the meaning of the Family Violence Act 201622

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Crimes Act 1900 Division 3.2.3 Section 122 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 69 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 122 Power of arrest without warrant by police officers1 Section 212 (5)2 omit3 123 Dictionary, new definitions4 insert5 family violence offence—see the Family Violence Act 2016,6 dictionary.7 family violence order—see the Family Violence Act 2016, dictionary.8

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.4 Crimes (Restorative Justice) Act 2004 Section 124 page 70 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.4 Crimes (Restorative Justice) Act 20041 124 Definitions—offences and offenders2 Section 12 (1), definition of less serious family violence3 offence, paragraph (b)4 substitute5 (b) contravention of—6 (i) a family violence safety notice under the Family Violence7 Act 2016, section 13ZC; or8 (ii) a family violence order under the Family Violence9 Act 2016, section 43.10

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Crimes (Sentencing) Act 2005 Division 3.2.5 Section 125 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 71 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.5 Crimes (Sentencing) Act 20051 125 Sentencing—family violence offences2 Section 34B (2) (b)3 substitute4 (b) any of the following are in force against the offender in relation5 to the family violence offence:6 (i) a family violence safety notice;7 (ii) a family violence order;8 (iii) a protection order under the Domestic Violence and9 Protection Orders Act 2008 (repealed).10 126 Section 34B (3), definition of family violence11 substitute12 family violence—see the Family Violence Act 2016, section 8.13 127 Section 34B (3), new definitions14 insert15 family violence order—see the Family Violence Act 2016, dictionary.16 family violence safety notice—see the Family Violence Act 2016,17 section 13B.18

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.6 Criminal Code 2002 Section 128 page 72 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.6 Criminal Code 20021 128 Publishing identifying information about childrens2 proceedings3 Section 712A (5), definition of childrens proceeding,4 paragraphs (b) and (c) (i)5 omit6 that Act7 substitute8 the Children and Young People Act 20089 129 Section 712A (5), definition of childrens proceeding,10 paragraph (d) and note11 substitute12 (d) the child or young person is or was the subject of a proceeding13 under the Children and Young People Act 2008, division 14.3.514 (Family violence orders and protection orders); or15

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Dangerous Substances Act 2004 Division 3.2.7 Section 130 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 73 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.7 Dangerous Substances Act 20041 130 Working out whether person is a suitable person2 Section 49 (1) (h)3 substitute4 (h) whether the person or a close associate of the person has, within5 the 5-year period before the day the application is made, been6 subject to any of the following orders (other than an order that7 has been revoked or for which an appeal against the making of8 the order has been upheld):9 (i) a family violence order;10 (ii) a corresponding family violence order;11 (iii) a protection order;12 (iv) a corresponding protection order;13 131 Section 49 (2)14 substitute15 (2) In this section:16 corresponding family violence order means an order (however17 described) under a law of the Commonwealth, a State, another18 Territory or New Zealand that has the same effect, or substantially the19 same effect, as a family violence order.20 corresponding protection order means an order (however described)21 under a law of the Commonwealth, a State, another Territory or New22 Zealand that has the same effect, or substantially the same effect, as23 a protection order.24 family violence order means a final order under the Family Violence25 Act 2016.26 protection order means a final order under the Personal Violence27 Act 2016.28

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Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.8 Evidence (Miscellaneous Provisions) Act 1991 Section 132 page 74 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.8 Evidence (Miscellaneous Provisions)1 Act 19912 132 Meaning of sexual offence proceeding—ch 43 Section 41, definition of sexual offence proceeding,4 paragraphs (b) and (c)5 substitute6 (b) a proceeding for an offence against—7 (i) the Family Violence Act 2016—8 (A) section 13ZC (Offence—contravene family violence9 safety notice) if the family violence safety notice was10 made because of a sexual offence, or an alleged11 sexual offence, against a person protected under the12 notice; or13 (B) section 43 (Offence—contravention of family14 violence order) if the family violence order was made15 because of a sexual offence, or an alleged sexual16 offence, against a person protected under the order;17 or18 (ii) the Personal Violence Act 2016, section 35 (Offence—19 contravention of protection order) if the protection order20 was made because of a sexual offence, or an alleged sexual21 offence, against the person protected under the order.22 133 Recorded statement—offence to publish23 Section 81J (2) (c)24 omit25 protection order under the Family Violence Act 201626 substitute27 family violence order28

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Evidence (Miscellaneous Provisions) Act 1991 Division 3.2.8 Section 134 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 75 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 134 Section 81J (2) (c) (i) and (ii)1 omit2 protection order3 substitute4 family violence order5 135 Division 4.5.3 and section 81K headings6 substitute7 Division 4.5.3 Recorded statement of police8 interview admissible as evidence—9 application for family violence order10 81K Recorded statement—may be admitted as evidence in11 application for family violence order12 136 Section 81K (2)13 omit14 protection order under the Family Violence Act 201615 substitute16 family violence order17 137 Section 81K (2) (a) and (b)18 omit19 protection order20 substitute21 family violence order22

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.8 Evidence (Miscellaneous Provisions) Act 1991 Section 138 page 76 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 138 Dictionary, new definition of family violence order1 insert2 family violence order—see the Family Violence Act 2016, dictionary.3

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Firearms Act 1996 Division 3.2.9 Section 139 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 77 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.9 Firearms Act 19961 139 Assessing suitability of individuals—discretionary2 criteria3 Section 18 (1) (b) (ii)4 omit5 subject to a final protection order6 substitute7 subject to a final family violence order or a final protection order8 140 Section 18 (1) (b) (iii)9 omit10 subject to an interim protection order11 substitute12 subject to an interim family violence order or an interim protection13 order14 141 Assessing suitability of individuals—mandatory criteria15 Section 19 (1) (b) (i)16 omit17 subject to a final protection order other than an order that18 substitute19 subject to a final family violence order or a final protection order,20 other than an order that21

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.9 Firearms Act 1996 Section 142 page 78 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 142 Adult firearms licences—mandatory suspension for1 family violence offence2 Section 80 (1), notes3 substitute4 Note 1 A person’s licence is automatically suspended under the Family Violence5 Act 2016—6 (a) s 13ZD if a family violence safety notice is issued against the7 person; or8 (b) s 44 (1) if an interim order is made against the person.9 Note 2 A person’s licence is automatically suspended under the Personal10 Violence Act 2016, s 36 if an interim order is made against the person11 unless the court otherwise orders.12 Note 3 If the registrar suspends a licence under this section, the registrar must13 give written notice of the decision to the licensee (see s 260).14 143 Section 81A heading15 substitute16 81A Adult firearms licences—reconsideration of suitability of17 licensee under protection order18 144 Section 81A (1) (a)19 substitute20 (a) a licensee is subject to an interim protection order or a final21 protection order (a current protection order); and22

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Firearms Act 1996 Division 3.2.9 Section 145 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 79 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 145 Minors firearms licences—mandatory suspension if1 family violence offence2 Section 97 (1), notes3 substitute4 Note 1 A person’s licence is automatically suspended under the Family Violence5 Act 2016—6 (a) s 13ZD if a family violence safety notice is issued against the7 person; or8 (b) s 44 (1) if an interim order is made against the person.9 Note 2 A person’s licence is automatically suspended under the Personal10 Violence Act 2016, s 36 if an interim order is made against the person11 unless the court otherwise orders.12 Note 3 If the registrar suspends a licence under this section, the registrar must13 give written notice of the decision to the licensee (see s 260).14 146 Section 98A heading15 substitute16 98A Minors firearms licences—reconsideration of suitability17 of licensee under protection order18 147 Section 98A (1) (a)19 substitute20 (a) a licensee is subject to an interim protection order or a final21 protection order (a current protection order); and22

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.9 Firearms Act 1996 Section 148 page 80 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 148 Dictionary, new definition of final family violence order1 insert2 final family violence order—3 (a) means a final order under the Family Violence Act 2016; and4 (b) includes the following orders, other than an order of an interim5 nature:6 (i) a protection order under the Domestic Violence and7 Protection orders Act 2008 as in force at any time;8 (ii) a recognised FVO;9 (iii) any other order under a law of a State, another Territory or10 New Zealand that has or had the same effect, or11 substantially the same effect, as an order mentioned in12 paragraph (a).13 149 Dictionary, definition of final protection order14 substitute15 final protection order—16 (a) means a final order under the Personal Violence Act 2016; and17 (b) includes any other order under a law of a State, another Territory18 or New Zealand that has or had the same effect, or substantially19 the same effect, as an order mentioned in paragraph (a).20

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Firearms Act 1996 Division 3.2.9 Section 150 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 81 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 150 Dictionary, new definition of interim family violence order1 insert2 interim family violence order—3 (a) means—4 (i) an interim order under the Family Violence Act 2016; or5 (ii) a recognised FVO of an interim nature; and6 (b) includes an order of an interim nature that has or had the same7 effect, or substantially the same effect, as an order mentioned in8 paragraph (a) under the following:9 (i) the Domestic Violence and Protection orders Act 2008 as10 in force at any time;11 (ii) a law of a State, another Territory or New Zealand.12 151 Dictionary, definition of interim protection order13 substitute14 interim protection order—15 (a) means an interim order under the Personal Violence Act 2016;16 and17 (b) includes an order of an interim nature that has or had the same18 effect, or substantially the same effect, as an order mentioned in19 paragraph (a) under a law of a State, another Territory or New20 Zealand.21

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.10 Personal Violence Act 2016 Section 152 page 82 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.10 Personal Violence Act 20161 152 Objects of Act2 Section 6, note3 omit4 protection orders5 substitute6 family violence orders7 153 Meaning of personal violence8 Section 8 (3), note9 omit10 protection orders11 substitute12 family violence orders13 154 Matters to be considered—protection orders14 Section 11 (1) (d) and (e)15 substitute16 (d) any of the following, in force at any time against the respondent:17 (i) a protection order;18 (ii) a family violence safety notice;19 (iii) a family violence order;20 (iv) a protection related order;21 (e) any contravention of any of the following, in force at any time22 against the respondent:23 (i) a protection order;24

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Personal Violence Act 2016 Division 3.2.10 Section 155 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 83 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) a family violence safety notice;1 (iii) a family violence order;2 (iv) a protection related order;3 155 Section 11 (3)4 omit5 in relation to6 substitute7 in deciding whether to make8 156 Section 11 (4)9 substitute10 (4) In this section:11 protection related order includes the following:12 (a) an after-hours order under the Family Violence Act 2016 as in13 force at any time;14 (b) a protection order under the Family Violence Act 2016 as in15 force at any time;16 (c) a protection order under the Domestic Violence Agencies17 Act 1986 as in force at any time;18 (d) a protection order under the Domestic Violence and Protection19 Orders Act 2008 as in force at any time;20 (e) a protection order under the Domestic Violence and Protection21 Orders Act 2001 as in force at any time;22 (f) a restraining order under the Magistrates Court Act 1930 before23 27 March 2002;24

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.10 Personal Violence Act 2016 Section 157 page 84 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) an order under a law of a State, another Territory or New1 Zealand that has or had the same effect, or substantially the same2 effect, as—3 (i) a protection order; or4 (ii) a family violence order.5 157 What if application is made for the wrong order?6 Section 15 (1) (a)7 omit8 under this Act9 158 Section 15 (1) (b) (ii)10 omit11 an order under the Family Violence Act 201612 substitute13 a family violence order14 159 Section 15 (2)15 omit16 protection order under the Family Violence Act 2016 even though that17 protection order18 substitute19 family violence order under the Family Violence Act 2016 even20 though the family violence order21

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Personal Violence Act 2016 Division 3.2.10 Section 160 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 85 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 160 Section 15 (2) (b)1 omit2 protection order under the Family Violence Act 20163 substitute4 family violence order5 161 What if application for the wrong order is decided?6 Section 16 (1) (e)7 omit8 protection order9 substitute10 family violence order11 162 Section 16 (2)12 omit13 an order14 substitute15 a family violence order16 163 Section 24, 30 and 3217 omit18 having regard to19 substitute20 taking into account21

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.10 Personal Violence Act 2016 Section 164 page 86 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 164 Dictionary, definition of amend, paragraph (a)1 omit2 deleting3 substitute4 removing5 165 Dictionary, new definitions6 insert7 family violence order—see the Family Violence Act 2016, dictionary.8 family violence safety notice—see the Family Violence Act 2016,9 section 13B.10

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Prohibited Weapons Regulation 1997 Division 3.2.11 Section 166 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 87 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.11 Prohibited Weapons Regulation 19971 166 General grounds for refusal to issue permits2 Section 5 (3) (a)3 omit4 the relevant period in the ACT,5 substitute6 the 10 years before the day the application was made, in the ACT7 167 Section 5 (3) (b) and (c)8 substitute9 (b) the person is, or has been within the 10 years before the day the10 application was made, subject to any of the following orders11 (other than an order that has been revoked):12 (i) a family violence order;13 (ii) a corresponding family violence order;14 (iii) a protection order;15 (iv) a corresponding protection order; or16 (c) the person is subject to any of the following:17 (i) an interim family violence order;18 (ii) a corresponding interim family violence order;19 (iii) an interim protection order;20 (iv) a corresponding interim protection order;21 168 Section 5 (4)22 omit23

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.11 Prohibited Weapons Regulation 1997 Section 169 page 88 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 169 Section 5 (6), definition of corresponding order1 substitute2 corresponding family violence order means an order (however3 described) under a law of a State, another Territory or New Zealand4 that has the same effect, or substantially the same effect, as a family5 violence order.6 corresponding interim family violence order means an order7 (however described) under a law of a State, another Territory or New8 Zealand that has the same effect, or substantially the same effect, as9 an interim family violence order.10 corresponding interim protection order means an order (however11 described) under a law of a State, another Territory or New Zealand12 that has the same effect, or substantially the same effect, as an interim13 protection order.14 corresponding protection order means an order (however described)15 under a law of a State, another Territory or New Zealand that has the16 same effect, or substantially the same effect, as a protection order.17 family violence order means a final order under the Family Violence18 Act 2016.19 170 Section 5 (6), definition of interim protection order20 substitute21 interim family violence order means an interim order under the22 Family Violence Act 2016.23 interim protection order means an interim order under the Personal24 Violence Act 2016.25

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Prohibited Weapons Regulation 1997 Division 3.2.11 Section 171 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 89 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 171 Section 5 (6), definition of protection order1 substitute2 protection order means a final order under the Personal Violence3 Act 2016.4 172 Section 5 (6), definition of relevant period5 omit6

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.12 Residential Tenancies Act 1997 Section 173 page 90 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.12 Residential Tenancies Act 19971 173 Threats, harassment, intimidation or abuse by lessor etc2 Section 45A (6) (e)3 substitute4 (e) any of the following is made at any time against the lessor:5 (i) a family violence safety notice;6 (ii) a family violence order;7 (iii) a personal protection order;8 174 Definitions—div 4.3A9 Section 46C, definition of family violence order10 omit11 175 Termination for family violence12 Section 46D (3) (b) (i)13 substitute14 (i) a family violence safety notice, or family violence order,15 protecting the tenant or child;16 176 New section 46D (6)17 insert18 (6) In this section:19 family violence order includes an order (however described) under a20 law of a State, another Territory or New Zealand that has the same21 effect, or substantially the same effect, as a family violence order.22 Note Family violence order—see the Family Violence Act 2016, dictionary.23

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Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Residential Tenancies Act 1997 Division 3.2.12 Section 177 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 91 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 177 Threats, harassment, intimidation or abuse by tenant1 Section 51A (7) (e)2 substitute3 (e) any of the following is made at any time against the tenant or4 another person living at the premises:5 (i) a family violence safety notice;6 (ii) a family violence order;7 (iii) a personal protection order;8 178 Division 6.5A heading and section 859 substitute10 Division 6.5A Powers and decisions of ACAT—11 family violence safety notices, family12 violence orders and personal13 protection orders14 85 Definitions—div 6.5A15 In this division:16 protected person—17 (a) for a family violence safety notice—see the Family Violence18 Act `2016, dictionary; or19 (b) for a family violence order—see the Family Violence Act 2016,20 dictionary; or21 (c) for a personal protection order—see the Personal Violence22 Act 2016, dictionary.23

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.12 Residential Tenancies Act 1997 Section 179 page 92 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au respondent—1 (a) for a family violence safety notice—see the Family Violence2 Act 2016, dictionary; or3 (b) for a family violence order—see the Family Violence Act 2016,4 dictionary; or5 (c) for a personal protection order—see the Personal Violence6 Act 2016, dictionary.7 179 Section 85A heading8 substitute9 85A New tenancy agreement—family violence safety notices,10 family violence orders and personal protection orders11 180 Section 85A (1) (a)12 substitute13 (a) any of the following is made against a respondent:14 (i) a family violence safety notice;15 (ii) a family violence order;16 (iii) a personal protection order;17 181 Section 85A (1) (c)18 omit19 under the order20 substitute21 for the family violence safety notice, family violence order or22 personal protection order23

Family violence safety notices amendments Chapter 3 Other legislation Part 3.2 Residential Tenancies Act 1997 Division 3.2.12 Section 182 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 93 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 182 Section 85A (1) (d) (i)1 after2 order3 insert4 or notice5 183 Section 85A (4)6 substitute7 (4) In this section:8 exclusion condition—9 (a) for a family violence safety notice—see the Family Violence10 Act 2016, section 13R (2); or11 (b) for a family violence order—see the Family Violence Act 2016,12 section 39 (4); or13 (c) for a personal protection order—see the Personal Violence14 Act 2016, section 31 (4).15 184 Applications under s 85A—ACAT orders16 Section 85B (1)17 omit18 protected person under a protection order19 substitute20 person who is a protected person under a family violence safety21 notice, a family violence order or a personal protection order22

Chapter 3 Family violence safety notices amendments Part 3.2 Other legislation Division 3.2.12 Residential Tenancies Act 1997 Section 185 page 94 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 185 Section 85B (2) (a)1 omit2 protection order3 substitute4 family violence safety notice, family violence order or personal5 protection order,6 186 Dictionary, definition of family violence order7 substitute8 family violence order—see the Family Violence Act 2016, dictionary.9 187 Dictionary, definition of protected person10 omit11 protection orders12 substitute13 family violence safety notices, family violence orders and personal14 protection orders15 188 Dictionary, definition of protection order16 omit17 189 Dictionary, definition of respondent18 omit19 protection orders20 substitute21 family violence safety notices, family violence orders and personal22 protection orders23

Family violence offences Chapter 3 Other legislation Part 3.2 Victims of Crime (Financial Assistance) Act 2016 Division 3.2.13 Section 190 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 95 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.13 Victims of Crime (Financial1 Assistance) Act 20162 190 Family violence offences3 Schedule 1, division 1.2.2, new item 18A4 insert5 18A Family Violence Act 13ZC contravene family violence safety notice

Chapter 3 Family violence offences Part 3.2 Other legislation Division 3.2.14 Working with Vulnerable People (Background Checking) Act 2011 Section 191 page 96 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2.14 Working with Vulnerable People1 (Background Checking) Act 20112 191 Application for registration for NDIS activity—additional3 contents4 Section 18A (1) (b) (iii)5 substitute6 (iii) has had any of the following made against them:7 (A) a family violence safety notice or a notice (however8 described) made under a law of another jurisdiction9 that has the same effect, or substantially the same10 effect, as a family violence safety notice;11 (B) a family violence order or an order (however12 described) under a law of another jurisdiction that13 has the same effect, or substantially the same effect,14 as a family violence order;15 (C) a protection order or an order (however described)16 under a law of another jurisdiction that has the same17 effect, or substantially the same effect, as a18 protection order; and19 192 Section 18A (2), new definitions20 insert21 family violence order—see the Family Violence Act 2016, dictionary.22 family violence safety notice—see the Family Violence Act 2016,23 section 13B.24 protection order—see the Personal Violence Act 2016, dictionary.25

Family violence offences Chapter 3 Other legislation Part 3.2 Working with Vulnerable People (Background Checking) Act 2011 Division 3.2.14 Section 193 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 97 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 193 Risk assessment guidelines—content1 Section 28 (2) (e), example 12 substitute3 1 a family violence safety notice or a family violence order made against4 the person under the Family Violence Act 2016, or a protection order5 made against the person under the Personal Violence Act 20166

Schedule 1 Consequential amendments Part 1.1 Children and Young People Act 2008 Amendment [1.1] page 98 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Consequential amendments1 (see s 3)2 Part 1.1 Children and Young People3 Act 20084 [1.1] Section 246, definition of privileged, paragraph (b)5 omit6 division 4.4.3 (Sexual and family violence offence proceedings—7 protection of counselling communications)8 substitute9 chapter 6B (Protection of counselling communications about sexual10 and family violence)11 Part 1.2 Court Procedures Act 200412 [1.2] Section 41 (2) (d) (vi)13 omit14 section 79G (5)15 substitute16 section 98G (5)17 [1.3] Section 41 (2) (d) (vii)18 omit19 section 79I (2) (a)20 substitute21 section 98I (2) (a)22

Consequential amendments Schedule 1 Evidence Act 2011 Part 1.3 Amendment [1.4] Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 99 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.3 Evidence Act 20111 [1.4] Section 126F (3)2 omit3 division 4.4.3 (Sexual and family violence offence proceedings—4 protection of counselling communications)5 substitute6 chapter 6B (Protection of counselling communications about sexual7 and family violence)8

page 100 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 3 December 2025. 2 Notification Notified under the Legislation Act on 2025. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2025

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Family, Personal and Sexual Violence Legislation Amendment Bill 2025

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Family, Personal and Sexual Violence Legislation Amendment Bill 2025

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Family, Personal and Sexual Violence Legislation Amendment Bill 2025

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