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
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 33
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(m) a condition stating the circumstances in which the respondent1
may—2
(i) be on particular premises; or3
(ii) be in a particular place; or4
(iii) approach or contact a particular person; or5
(iv) attempt to locate or locate the protected person.6
Examples—par (k) and (l)—personal property7
1 personal clothing8
2 toiletries9
3 books10
4 photographs11
5 house or car keys12
Note See also the Bail Act 1992, s 26A (Bail condition inconsistent with family13
violence safety notice)14
13R Conditions—exclusion conditions15
(1) In deciding whether to include an exclusion condition in a family16
violence safety notice, the issuing police officer must consider the17
following:18
(a) as primary factors—19
(i) the physical, emotional and psychological needs of the20
protected people; and21
(ii) any disability of the protected people; and22
(b) as secondary factors—23
(i) the accommodation needs of, and options for24
accommodation available to—25
(A) the protected people; and26
(B) the respondent; and27
Section retrieval-0004 - Family, Personal and Sexual Violence Legislation Amendment Bill 2025 - Document excerpt 4 | Zoe
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
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 37
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
13V Giving family violence safety notice to child1
(1) If a family violence safety notice is required to be given to a child, it2
must not be given at or near the child’s school unless there is no other3
place where the family violence safety notice may reasonably be4
given to the child.5
(2) If a family violence safety notice is required to be given to a child’s6
parent or guardian, the family violence safety notice need not be given7
if—8
(a) the parent or guardian is also a party to the family violence9
safety notice; or10
(b) the issuing police officer is satisfied that—11
(i) giving the family violence safety notice is not reasonably12
practicable; or13
(ii) there are circumstances that justify the family violence14
safety notice not being given.15
Examples—par (ii)16
1 the child is estranged from the child’s parent17
2 there would be an unacceptable risk to the child’s safety if the18
parent or guardian were given the document19
(3) In this section:20
guardian includes a disability guardian.21
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