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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