31 Procedure in relation to hearing and determining applications
(1) Except as otherwise provided by this Act or ordered by a court –
(a) an application under Part 3 or 4 is to be heard and determined –
(i) in open court; and
(ii) in the same manner, as nearly as practicable, as a complaint for a simple offence; and
(b) a person who makes an application under Part 3 or 4 is to be treated, as nearly as practicable, as a complainant.
(2) At the hearing of an application under Part 3 or 4 , the following persons may conduct the applicant's or respondent's case and examine and cross-examine witnesses:
(4) If a police officer could, if available as a witness, give direct oral evidence of a fact in his or her professional capacity in the hearing of an application under Part 3 or 4 , the statutory declaration of the police officer in relation to that fact and made in support of the application is, subject to subsection (5) , admissible as evidence of the fact in the hearing, notwithstanding that the police officer may be available as a witness.
(5) A statutory declaration referred to in subsection (4) is not admissible as evidence in the hearing of an application under Part 3 or 4 if the court, having regard to all the circumstances, is of the opinion that the representation in the statutory declaration ought not to be admitted without being tested by cross-examination.
(a) the medical practitioner, in his or her professional capacity, could give direct oral evidence of the fact in the hearing; and
(b) the court, having regard to all the circumstances, is of the opinion that justice does not require that the representation be tested by cross-examination.
(7) If the court hearing an application under Part 3 or 4 is satisfied that –
(a) a sealed copy of the application has been served on the respondent to the application; or
(b) reasonable attempts have been made to serve a sealed copy of the application on the respondent –
the court may proceed in the absence of the respondent and may –
(c) make the FVO sought in the application or such other order as the court considers necessary; or
(d) issue a warrant for the arrest of the respondent.
(8) At any time in proceedings under Part 3 or 4 , the court may determine that it is appropriate that those proceedings be heard and determined by the Magistrates Court (Youth Justice Division) or the Magistrates Court (Children's Division) and may transfer the proceedings to that court.
(9) If proceedings are transferred to the Magistrates Court (Youth Justice Division) or the Magistrates Court (Children's Division) under subsection (8) , that court has jurisdiction to hear and determine those proceedings.