Family Violence Act 2016

211 Definitions—pt 23 112

212 Transitional regulations 112

Page contents 9 213 Expiry—pt 23 113 Division 23.2 Ending action etc for family violence orders 214 Application—div 23.2 113 215 Enforcement action 113 216 Family violence order procedures, proceedings etc 114 Division 23.3 Validity of past family violence order action 217 Meaning of family violence order action—div 23.3 115 218 Past lawful acts not affected 116 219 Protection from liability 116 220 No entitlement to compensation etc 116 Part 24 Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 Division 24.1 General 221 Definitions—pt 24 117 222 Transitional regulations 117 223 Expiry—pt 24 118 Division 24.2 Ending action etc for family violence orders 224 Application—div 24.2 118 225 Enforcement action 118 226 Family violence order procedures, proceedings etc 119 Division 24.3 Validity of past family violence order action 227 Meaning of family violence order action—div 24.3 120 228 Past lawful acts not affected 121 229 Protection from liability 121 230 No entitlement to compensation etc 121 Schedule 1 Permitted publication about proceedings 122 1.1 Definitions—sch 1 122 1.2 Permitted publication about proceedings 122

Page contents 10 Family Violence Act 2016 Dictionary 124 1 About the endnotes 132 2 Abbreviation key 132 3 Legislation history 133 4 Amendment history 136 5 Earlier republications 146 6 Expired transitional or validating provisions 147

An Act to protect people from family violence, and for other purposes

Preamble Preamble

1 In enacting this Act, the Legislative Assembly recognises the following principles: (a) family violence is unacceptable in any form; (b) freedom from family violence is a human right; (c) the justice system should respect and protect all human rights in accordance with the Human Rights Act 2004 and international law; (d) family violence is best addressed through a coordinated legal and social response of assistance to victims and the prevention of violence by such things as promoting the accountability of perpetrators of family violence and the appropriate intervention by the police and the courts.

2 The Legislative Assembly also recognises the following features of family violence: (a) anyone can be a victim of family violence: it occurs in all areas of society, regardless of location, socioeconomic and health status, age, culture, gender, sexual identity, ability, ethnicity or religion; (b) family violence is predominantly committed by men against women and children; (c) family violence extends beyond physical violence and may involve the exploitation of power imbalances and patterns of abuse over many years; (d) children exposed to family violence are particularly vulnerable and the exposure may have a serious impact on their current and future physical, psychological and emotional wellbeing. The Legislative Assembly for the Australian Capital Territory therefore enacts as follows:

Preliminary Part 1 1 Name of Act This Act is the Family Violence Act 2016.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘firearm—see the Firearms Act 1996, section 6.’ means that the term ‘firearm’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Objects Division 2.1

Division 2.1 Objects

6 Objects of Act The objects of this Act include— (a) to prevent and reduce family violence; and (b) to ensure the safety and protection of people, including children, who fear, experience or witness family violence; and (c) to encourage perpetrators of family violence to be accountable for their conduct.

7 How objects are to be achieved This Act aims to achieve its objects by— (a) giving the courts power to make family violence orders to protect people from family violence; and (b) creating offences to enforce family violence orders; and (c) ensuring that access to the courts is as simple, quick and inexpensive as is consistent with justice; and (d) by recognising family violence orders made elsewhere in Australia and New Zealand.

8 Meaning of family violence (1) In this Act: family violence means— (a) any of the following behaviour by a person in relation to a family member of the person: (i) physical violence or abuse; (ii) sexual violence or abuse; (iii) emotional or psychological abuse; (iv) economic abuse; (v) threatening behaviour; (vi) coercion or any other behaviour that— (A) controls or dominates the family member; and (B) causes the family member to feel fear for the safety or wellbeing of the family member or another person; or (b) behaviour that causes a child to hear, witness or otherwise be exposed to behaviour mentioned in paragraph (a), or the effects of the behaviour. Examples—par (b) 1 overhearing threats being made in another room of the house 2 seeing an assault or seeing injuries on a family member who has been assaulted 3 seeing people comfort a family member who has been abused

(2) Without limiting subsection (1), family violence by a person in relation to a family member of the person includes the following: (a) sexually coercive behaviour; (b) damaging property; (c) harming an animal; (d) stalking; (e) deprivation of liberty; (f) harmful use of, or interference with, technology. Examples—par (f) 1 use of an electronic device to publish intimate images of a family member without the member’s consent 2 causing a computer system to deny access to a family member who is an authorised user of the system 3 using an electronic messaging system to send abusive or threatening messages or images to a family member 4 using software to track a family member’s whereabouts or computer use 5 creating a false social media account to disseminate adverse information about a family member 6 using social media to publish intimate images of a person without the person’s consent economic abuse, of a family member, means behaviour by a person that is coercive, deceptive or that unreasonably controls the family member without the family member’s consent including by the person’s exploitation of power imbalances between the person and the family member— (a) in a way that takes away the financial independence or control the family member would have but for the behaviour; or

(b) if the family member is wholly or predominantly dependent on the person for financial support to meet the living expenses of the family member or the family member’s child—by withholding the financial support. 1 stopping the family member from having access to money to meet normal living expenses 2 requiring the family member to transfer or hand over control of assets or income 3 stopping the family member from trying to get employment 4 forcing the family member to sign a legal document such as a power of attorney, loan, guarantee 5 forcing the family member to claim social security payments emotional or psychological abuse, of a family member, means behaviour by a person that torments, intimidates, harasses or is offensive to the family member including by the person’s exploitation of power imbalances between the person and the family member. 1 stopping the family member from visiting or having contact with family or friends 2 stopping the family member from engaging in cultural or spiritual practices 3 repeated derogatory or racist comments 4 threatening to disclose personal information about the family member 5 threatening to withhold medication, personal health care items or other things necessary to the family member’s health or quality of life 6 threatening to self-harm as a way of intimidating the family member

9 Meaning of family member In this Act: family member, of a person, means— (a) a domestic partner or former domestic partner of the person; or (b) an intimate partner or former intimate partner of the person; or (c) a relative of the person; or (d) a child of a domestic partner or former domestic partner of the person; or (e) a parent of a child of the person. Note 1 A domestic partner need not be an adult (see Legislation Act, s 169). Note 2 Intimate partner—see s 10. Relative—see s 11.

10 Meaning of intimate partner (1) In section 9: intimate partner, of a person— (a) means someone with whom the person has an intimate relationship, whether they are members of the same household or not; but (b) does not include— (i) a domestic partner; or (ii) another person with whom the person has a relationship only because a service is provided between them— (A) for fee or reward; or (B) on behalf of another person (including a government or corporation); or

(C) on behalf of an organisation the principal objects or purposes of which are charitable or benevolent. (2) For subsection (1), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following: (a) the extent to which each is personally dependent on the other; (b) the extent to which each is financially dependent on the other (including any arrangements for financial support); (c) the length of the relationship; (d) the frequency of contact between each other; (e) if there is, or has been, a sexual relationship; (f) the extent to which each is involved in, or knows about, the other’s personal life; (g) the degree of mutual commitment to a shared life; (h) if the 2 people share care or support for children or other dependents.

11 Meaning of relative (1) In section 9: relative, of a person— (a) means the person’s— (i) father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or (ii) son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or (iii) brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

(iv) uncle, aunt, uncle-in-law or aunt-in-law; or (v) nephew, niece or cousin; and (b) if the person has or had a domestic partner (other than a spouse or civil union partner)—includes someone who would have been a relative mentioned in paragraph (a) if the person had been married to or in a civil union with the domestic partner; and Note For ACT law, a person acquires relatives through civil union in the same way as they acquire them through marriage (see Civil Unions Act 2012, s 6 (2)). (c) includes— (i) someone who has been a relative mentioned in paragraph (a) or (b) of the person; and (ii) if the person is an Aboriginal or Torres Strait Islander person, the following people: (A) someone the person has responsibility for, or an interest in, in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community; (B) someone who has responsibility for, or an interest in, the person in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community; and (iii) someone regarded and treated by the person as a relative; and (iv) someone with whom the person has a family-like relationship; and (v) anyone else who could reasonably be considered to be, or have been, a relative of the person.

(2) For subsection (1) (c) (iv), factors that indicate whether there is a family-like relationship between 2 people include, but are not limited to, the following: (a) the extent to which each is personally dependent on the other; (b) the extent to which each is financially dependent on the other (including any arrangements for financial support); (c) the length of the relationship; (d) the frequency of contact between each other; (e) the extent to which each is involved in, or knows about, the other’s personal life; (f) if the people live together or relate together in a home environment; (g) if the relationship is regarded as being family-like by the community in which each live. a relationship between a person with disability and the person’s carer that has developed into a relationship that is like that between family members Aboriginal or Torres Strait Islander person means a person who— (a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and (b) identifies as an Aboriginal person or a Torres Strait Islander (c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.

Other important matters Division 2.3 Division 2.3 Other important matters

12 Principle about procedures Procedures for this Act are to be as simple, quick and inexpensive as is consistent with achieving justice.

13 Balance of probabilities If a court or a judicial officer is required to be satisfied about something under this Act, the court or judicial officer must be satisfied on the balance of probabilities.

13A Rules of evidence To remove any doubt, the Magistrates Court need not comply with the rules of evidence applying in the ACT in a proceeding under this Act. Note The Magistrates Court may inform itself in any way it considers appropriate in a proceeding for a family violence order (see s 65).

Division 3.1 Matters to be considered when making family violence orders Division 3.1 Matters to be considered when making family violence orders 14 Matters to be considered—family violence orders (1) In deciding whether to make a family violence order, a court must consider the following: (a) the objects of this Act in section 6; (b) the affected person’s perception of the nature and seriousness of the respondent’s alleged conduct; (c) the welfare of any child that is an affected person; (d) the accommodation needs of the affected person and any child of the affected person or respondent; (e) any hardship that may be caused to the respondent or anyone else by the making of the order; (f) any previous family violence or personal violence by the respondent in relation to the affected person or anyone else; (g) any previous family violence order made in relation to the (h) any previous contravention of a family violence order by the (i) the need to ensure that property is protected from damage.

Matters to be considered when making family violence orders Division 3.1 (2) The court may also consider anything else the court considers relevant. (3) A failure of the court to comply with subsection (1) in relation to a family violence order does not affect the validity of the order. family violence order— (a) means a protection order or an after-hours order under this Act; and (b) includes the following: (i) a protection order under the Personal Violence Act 2016; (ii) a protection order under the Domestic Violence Agencies Act 1986 as in force at any time; (iii) a protection order under the Domestic Violence and Protection Orders Act 2001 as in force at any time; (iv) a protection order under the Domestic Violence and Protection Orders Act 2008 as in force at any time; (v) a restraining order under the Magistrates Court Act 1930 before 27 March 2002; (vi) an order under a law of a State, another Territory or New Zealand that has or had the same effect, or substantially the same effect, as a protection order under this Act or a protection order under the Personal Violence Act 2016.

15 Family Law Act order (1) In deciding whether to make a family violence order, a court must enquire whether a Family Law Act order applies to— (a) any child of the affected person and respondent; or (b) any other child that is an affected person. Note 1 A family violence order means a protection order or an after-hours order (see dict). Note 2 The Family Law Act 1975 (Cwlth), s 68R gives a Territory court, in a proceeding for a family violence order, jurisdiction under certain circumstances to revive, vary, discharge or suspend a Family Law Act Family Law Act order— (a) means a parenting order, recovery order, injunction, undertaking, parenting plan or recognisance mentioned in the Family Law Act 1975 (Cwlth), section 68R; and (b) includes any proceeding for a parenting order, recovery order, injunction, undertaking, parenting plan or recognisance.

16 Who may apply for protection orders? (1) An affected person may apply to the Magistrates Court for a protection order. Note 1 Only a police officer may apply for an after-hours order (see s 99). Note 2 A child under 14 years old cannot be a respondent to an application for a protection order (see s 75).

Applications for protection orders Division 3.2 (2) The following people may apply to the Magistrates Court for a protection order for an affected person: (a) a police officer; (b) a litigation guardian for the person or any other person with a right to apply for the person. Examples—s (2) (b) 1 a parent or guardian of a child 2 an agent of the person Note 1 An affected person includes any child who hears, witnesses or is Note 2 If an application is made by a police officer—the affected person, a litigation guardian or any other person with a right to apply for the affected person may be substituted as the applicant for the protection order (see s 71). Note 3 If a form is approved under the Court Procedures Act 2004, s 8 for an

16A Child may apply for protection order in same application as parent (1) This provision applies if a child and the child’s parent are each an affected person in relation to the same or similar family violence by a respondent. (2) An application for a protection order by the child may be included in an application for a protection order by the child’s parent. Note The court may hear the application of the child and the child’s parent separately (see s 60C).

16B Applications by police officers (1) This section applies if a police officer makes an application for a protection order for an affected person.

(2) The police officer must tell the Magistrates Court whether the affected person consents to the application.

17 Application forms that require affected person’s address (1) This section applies if a form approved under the Court Procedures Act 2004, section 8 for an application for a family violence order requires the affected person’s home or work address to be included in the application. (2) The address need not be included in the application. Note If a party to an application for a protection order is not represented by a lawyer, any address for service given to the court must not be given to the other party without the self-represented party’s consent (see s 70D). (3) For this section, if the affected person is not the applicant, affected person includes the applicant.

18 What if application is made for the wrong order? (a) a person applies for a protection order under this Act; and (b) the order may not be made because the conduct on which the application is based— (i) is not conduct that the order could restrain; but (ii) is conduct that an order under the Personal Violence Act 2016 could restrain; and (c) the application has not been decided.

Applications for protection orders Division 3.2 (2) The Magistrates Court may make a protection order under the Personal Violence Act 2016 even though that protection order was not properly applied for if— (a) the person honestly applied for the order under this Act; and (b) had the application been properly made, the court could have made the protection order under the Personal Violence Act 2016. (3) This section does not apply to a consent order under this Act. Note A consent order may be made whether or not any ground for making the order has been made out (see s 33 (2) (b)).

19 What if application for the wrong order is decided? (a) a person applies for a protection order under this Act; and (b) the order cannot be validly made because the conduct on which the application is based is not conduct that the order could restrain; and (c) the application is decided before it becomes apparent that paragraph (b) applies; and (d) a protection order under this Act is purportedly made (the invalid order); and (e) had an application been properly made, the court could have made a protection order under the Personal Violence Act 2016 of the same kind as the invalid order. Example—when this section does not apply because of par (e) A police officer applied for an after-hours order. The conduct relied on was, in fact, personal violence under the Personal Violence Act 2016. This section does not apply because there is no equivalent order to an after-hours order under the Personal Violence Act 2016.

(2) The invalid order is taken to be an order properly applied for and validly made under the Personal Violence Act 2016. An interim order is made under this Act. In the proceeding to decide the application for a final order the court decides that the protected person is not a family member of the respondent. The court is satisfied, however, that the respondent’s conduct in relation to the affected person is personal violence under the Personal Violence Act 2016. The interim order made under this Act is taken to be an interim order validly made under the Personal Violence Act 2016. (3) This section does not apply to a consent order under this Act. Note A consent order may be made whether or not any ground for making the order has been made out (see s 33 (2) (b)).

Subdivision 3.3.1A Seeking interim orders

19A Who may seek interim orders? An applicant for a final order may seek an interim order— (a) when making the application for the final order; or (b) if the applicant does not seek an interim order under paragraph (a)—at any time before the application for the final order is decided if there has been a change in circumstances since the application was made; or

Making interim orders Division 3.3 (c) if the applicant seeks an interim order under paragraph (a) or (b) and the court refuses to make the interim order—at any time before the application for the final order is decided if there has been a change in circumstances since the applicant last sought an interim order. Examples—changes in circumstances 1 the applicant obtains information or legal advice about seeking an interim order after making the application for the final order or being refused an interim order 2 the applicant has experienced, or is likely to experience, further family violence or an escalation in family violence Subdivision 3.3.1 Making interim orders

20 Interim orders—may be made any time before application for final order is decided If an application for a final order is made, the Magistrates Court may make an interim order at any time before the application for the final order is decided. Note The court may also make court-initiated interim orders (see s 112).

21 Interim orders—grounds for making A court may make an interim order if satisfied that the order is necessary to do either or both of the following until the application for the final order is decided: (a) ensure the safety of an affected person from family violence; (b) prevent substantial damage to an affected person’s property. Note 1 The court must consider the matters mentioned in s 14 in deciding whether to make the interim order.

Division 3.3 General interim orders

22 Interim orders—general interim orders and special interim orders (1) On an application for a final order, the Magistrates Court may make— (a) a special interim order if there is a related charge outstanding in relation to the respondent; or (b) in any other case—a general interim order. (2) If the court makes a special interim order in circumstances where a general interim order may be made— (a) the operation of the special interim order is not affected by the fact that a general interim order may have been made; and (b) the court may set aside the special interim order and make a general interim order. (3) If the court makes a general interim order in circumstances where a special interim order may be made— (a) the operation of the general interim order is not affected by the fact that a special interim order may have been made; and (b) the court may set aside the general interim order and make a special interim order. Subdivision 3.3.2 General interim orders

23 General interim orders—only 1 may be made Only 1 general interim order may be made in relation to an application for a final order unless section 27 (General interim orders—further orders) applies.

General interim orders Division 3.3

24 General interim orders—length A general interim order must not be in force for more than 12 months plus any extension under— (a) section 28 (General interim orders—extension for non-service of application); or (b) section 29 (General interim orders—extension for non-service of final order).

25 General interim orders—ending A general interim order ends if any of the following happens: (a) if a period is stated in the order—the period, including any extension under section 28 or section 29, ends; (b) the interim order is revoked; (c) the application for a final order on which the interim order was made is discontinued or dismissed; (d) a final order is made and the respondent is present when it is made.

26 General interim orders—taken to be special interim orders if related charges laid (a) the court makes a general interim order; and (b) after the general interim order is made, but before the final order is made, the respondent is charged with an offence; and (c) the charge is related to the application for the final order. (2) The general interim order is taken to be a special interim order— (a) in the same terms as the general interim order; and

Division 3.3 General interim orders (b) subject to the same conditions as the general interim order. Note The application for the final order must not be decided until all related charges are finalised (see s 31 (1)). (3) Unless section 31 (2) (Special interim orders—application not to be decided until related charges finalised) applies, the return date for a hearing to decide the application for the final order must be changed after all related charges are finalised to a day as soon as practicable after the day all related charges are finalised. Note Under s 31 (2), an application for a final order may be finalised by the court before all related charges are finalised by consent or if a party is not present at a time when the application for the final order is returned before the Magistrates Court.

27 General interim orders—further orders (1) This section applies if a general interim order has ended or is about to end. (2) The Magistrates Court may make a further general interim order if satisfied there are special or exceptional circumstances (having regard to the objects of this Act and how those objects are to be achieved as set out in section 7) that justify the making of a further general interim order. Note Section 24 limits the length of a further general interim order. (3) Only 1 further general interim order may be made under this section in relation to an application for a final order. (4) However, a further general interim order must not be made as a consent order. Note An interim order may be amended in certain circumstances (see s 83).

General interim orders Division 3.3

28 General interim orders—extension for non-service of application (1) This section applies if the registrar adjourns a proceeding for a final order because the respondent has not been served with a copy of the application for the final order and a timing notice. (2) The registrar may also amend a general interim order made in relation to the application by extending it to take into account the delay caused by the adjournment. (3) The registrar must not extend a general interim order under subsection (2) for more than 8 weeks.

29 General interim orders—extension for non-service of final (a) a final order is made; and (b) the respondent is not present at the making of the final order; and (c) a general interim order made in relation to the application for the final order would, but for this section, expire before the final order is served on the respondent. Note A further order may be made in special or exceptional circumstances (see s 27). (2) The general interim order is extended— (a) until the final order is served on the respondent; or (b) if, despite reasonable attempts, the final order is unable to be served on the respondent—for the period the final order would have been in force under section 35 (Final orders—length), had it been served.

Division 3.3 Special interim orders Subdivision 3.3.3 Special interim orders 30 Special interim orders—ending A special interim order ends only when the first of the following happens: (a) the special interim order is revoked; (b) the application for a final order on which the special interim order was made is discontinued or dismissed; (c) a final order is made and the respondent is present when it is made; (d) if a final order is made but the respondent is not present when it is made—the final order is served on the respondent.

31 Special interim orders—application not to be decided until related charges finalised (1) If a court makes a special interim order, the court must not decide the application for the final order until all related charges are finalised. Note An interim order made by a court under pt 8 (Court-initiated actions) is taken to be a special interim order (see s 113). (2) However, the application for the final order may be finalised by the court before all related charges are finalised— (a) under section 53 (Applicant not present at return of application); or (b) under section 54 (Respondent not present at return of application); or (c) by consent.

Special interim orders Division 3.3

32 Special interim orders—final application decided (a) a court makes a special interim order; and (b) all charges related to the special interim order are finalised; and (c) the application for the final order has not yet been decided. Note The court must not decide the application for the final order, unless by consent or because a party is not present at a time when the application is returned before the court, until all related charges are finalised (see s 31). (2) After the final related charge is finalised by the court, the court must also— (a) if the court is the Magistrates Court—decide the application for the final order; or (b) if the court is another court— (i) decide the application for the final order as if it were the Magistrates Court; or (ii) notify the Magistrates Court that the final related charge has been decided. (3) If a court notifies the Magistrates Court under subsection (2) (b) (ii)— (a) the court may give the Magistrates Court guidance about, or a direction for, suitable conditions to be included in the final (b) the Magistrates Court must decide the application for the final (4) A decision to dismiss the application for the final order may only be made after giving the parties an opportunity to be heard.

(5) The court deciding the application for the final order under this section may set a return date for the hearing of the application for the final order.

33 Consent orders (1) On application for a final order, the court may make an interim or final order with the consent of the parties to the proceeding. (2) The order may be made— (a) whether or not the parties have attended, or any party has attended, before the court in relation to the application; and (b) whether or not any ground for making the order has been made out; and (c) whether or not the court has considered the matters mentioned in section 14; and (d) without proof or admission of guilt. Note Section 66 and s 67 apply to require the court to explain the order intended to be made under this section if the party to the order is before the court. (3) Before making a final order under this section, the court may conduct a hearing in relation to the particulars of the application if the court is satisfied it is in the interests of justice to do so. (4) If an automatic consequence flows from the making of a kind of order and an order of that kind is made under this section, the automatic consequence flows from the making of the order unless— (a) this Act allows a discretion for the automatic consequence not to flow from the making of an order of that kind; and (b) the parties consent to the automatic consequence not flowing from the making of the order.

Consent orders Division 3.4 (5) However, this section does not allow the court to make a protection order— (a) that may not otherwise be made under this Act; or (b) for a period other than a period for which the order may be made; or Note Section 24 limits the length of general interim orders and s 35 limits the length of final orders. (c) if section 77 (Consent orders—party with impaired decision- making ability) applies.

33A Consent to interim order becoming final order (1) This section applies if a court makes an interim order in the absence of a respondent. (2) If the respondent wishes to consent to the interim order becoming a final order, the respondent may— (a) fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and (b) indicate on the endorsement copy that the respondent consents to the interim order becoming a final order; and (c) return it to the Magistrates Court before the return date for the application for the final order. (3) If the respondent acts under subsection (2), the interim order becomes a final order on the day the Magistrates Court receives the endorsement copy. endorsement copy, of an interim order, means the copy of the interim order marked as the endorsement copy under section 70C (1).

34 Final orders—grounds for making (1) A court may, on application, make a final order if satisfied that— (a) the affected person has reasonable grounds to fear family violence by the respondent; or (b) the respondent has used family violence against the affected person. Note 1 The court must consider the matters mentioned in s 14 in deciding whether to make the final order. Note 3 This section does not apply to consent orders (see s 33 (2) (b)). (2) For this section— (a) if some or all of the respondent’s alleged behaviour in relation to which the application is made appears to be minor or trivial when viewed in isolation, or appears unlikely to recur, the court must still consider whether the behaviour forms part of a pattern of behaviour by the respondent from which the affected person needs protection; and (b) it is sufficient to establish that the affected person has reasonable grounds to fear family violence by the respondent, or that family violence has been used by the respondent in relation to the affected person, if the respondent has— (i) engaged in behaviour mentioned in section 8 (1), definition of family violence, paragraph (a) in relation to the affected (ii) the behaviour constitutes an offence.

(3) However, it is not necessary to prove that any particular behaviour constitutes an offence to establish that family violence occurred.

35 Final orders—length (1) A final order remains in force for— (a) 2 years, regardless of whether it is stated in the order; or (b) if a shorter period is stated in the order—the period stated; or (c) if the court is satisfied that there are special or exceptional circumstances that justify a longer period—the stated longer period. Note The Magistrates Court must, on application, extend a final order unless satisfied the order is no longer necessary to protect the protected person from family violence by the respondent (see s 86). (2) However, a final order made as a consent order must not be longer than 2 years.

36 Safety of affected person and children paramount In deciding the conditions to be included in a family violence order, a court must give paramount consideration to the safety and protection of the affected person and any child directly or indirectly affected by the respondent’s alleged conduct.

37 Least restrictive principle A court must ensure the conditions included in a family violence order are the least restrictive of the personal rights and liberties of the respondent as possible that still achieve the objects of this Act and give effect to section 36.

38 Conditions—general (1) A family violence order may include the conditions the court considers necessary having regard to section 36 and section 37. (2) Without limiting subsection (1), a family violence order may do 1 or more of the following: (a) prohibit the respondent from being on premises where the protected person lives; Note Section 39 sets out matters to be considered when including a condition prohibiting a respondent from being on premises where the respondent lives. (b) prohibit the respondent from being on premises where the protected person works; (c) prohibit the respondent from being on premises where the protected person is likely to be; (d) prohibit the respondent from being in a particular place; (e) prohibit the respondent from being within a particular distance from the protected person; (f) prohibit the respondent locating or attempting to locate the protected person; (g) prohibit the respondent from contacting the protected person; (h) prohibit the respondent from doing anything mentioned in section 8 (1), definition of family violence, paragraph (a); (i) prohibit the respondent from doing anything mentioned in paragraphs (e) to (h) in relation to— (i) a child of the protected person; or (ii) any other child if the court is satisfied that there is an unacceptable risk of the child being exposed to family violence;

(j) prohibit the respondent from causing someone else to do something mentioned in paragraphs (f) to (i); (k) prohibit the respondent from taking possession of stated personal property that is reasonably needed by the protected person or a child of the protected person; (l) require the respondent to give the protected person stated personal property that the respondent possesses that is reasonably needed by the protected person or a child of the protected person; (m) state the conditions on which the respondent may— (i) be on particular premises; or (ii) be in a particular place; or (iii) approach or contact a particular person; or (iv) locate or attempt to locate the protected person; (n) require the respondent to take part in a program of counselling, training, mediation, rehabilitation or assessment if satisfied that having regard to the respondent’s circumstances— (i) the respondent is reasonably likely to participate in the program; and (ii) that the respondent’s participation in the program is reasonably likely to reduce the risk of the respondent engaging in further family violence against the protected person. Examples—par (k) and (l)—personal property 1 personal clothing 2 toiletries 3 books 4 photographs 5 house or car keys

Examples—par (n)—respondent’s circumstances 1 the respondent’s work or educational commitments 2 the respondent’s transport options 3 any disability the respondent may have (3) A regulation may prescribe requirements for subsection (2) (n).

39 Exclusion conditions (1) In deciding whether to include an exclusion condition in a family violence order, a court must consider the following: (a) as primary factors— (i) the physical, emotional and psychological needs of the protected people; and (ii) any disability the protected people have; and (b) as secondary factors— (i) the accommodation needs of, and options for accommodation available to, the protected people, the respondent and any child of the protected person or respondent; and (ii) the length of time required for a person mentioned in paragraph (b) (i) to find alternative accommodation. (2) However, a court may include an exclusion condition in an interim order against a respondent who is a child only if the court is satisfied that adequate arrangements have been made for the child’s care (including education) and safety. if a government agency responsible for the care and protection of children has found alternative accommodation for the child (3) If an applicant for a protection order seeks an exclusion condition in relation to the respondent and the court decides to make the order without the condition, the court must give reasons for the decision.

exclusion condition means a condition in a family violence order prohibiting the respondent from being on premises— (a) where the respondent lives; or (b) if the respondent is a child—where the child normally receives care (including education) or protection. protected people, in relation to a respondent, means the protected person and any child directly or indirectly affected by the respondent’s alleged conduct.

40 Personal property orders In deciding whether to include a condition mentioned in section 38 (2) (k) or (l), a court must consider the income, assets and liabilities of the respondent and the protected person (other than a protected person who is a child).

41 Conditions—consent orders A final order made as a consent order may contain a condition that a final order made other than as a consent order may contain, but it is not necessary for the court to consider whether the condition is necessary.

42 Conditions may apply for shorter time than order A condition in a family violence order may have effect for a period stated in the family violence order that is shorter than the period of the order.

43 Offence—contravention of family violence order (1) This section applies to a person against whom a family violence order is made if the person— (a) was present when the family violence order was made; or (b) has been personally served in accordance with this Act with a copy of the family violence order. (2) The person commits an offence if the person engages in conduct that contravenes the family violence order (including a condition of the order). Maximum penalty: 500 penalty units, imprisonment for 5 years or both. Note In deciding the sentence to be imposed on a person under this section, the Magistrates Court must consider the matters under the Crimes (Sentencing) Act 2005, s 33 (Sentencing—relevant considerations). (3) This section applies to conduct engaged in within the ACT as well as outside. (4) A person does not commit an offence under the Criminal Code, section 45 (Complicity and common purpose) if the person— (a) is a protected person under the family violence order; and (b) aids, abets, counsels, procures, or is knowingly concerned in or a party to, the commission of conduct that contravenes the order (including a condition of the order).

Effect of family violence orders Division 3.7

44 Firearms licences (1) If an interim order or an after-hours order is made against a respondent who is the holder of a firearms licence, the respondent’s firearms licence is suspended until the interim order or after-hours order ends. Note For the application of this section to consent orders, see s 33 (3). (2) If a final order is made against a respondent who is the holder of a firearms licence, the respondent’s firearms licence is cancelled. (3) If a respondent’s firearms licence is suspended or cancelled, the court or judicial officer may order— (a) the seizure of the firearms licence; and (b) the seizure of any firearm or ammunition in the respondent’s possession.

44A Family violence order continues in force when protected person becomes adult (a) the court makes a family violence order; and (b) a protected person is a child when the order is made. (2) To remove any doubt, the order continues in force in accordance with the terms of the order and this Act when the protected person becomes an adult.

Division 4.1 What Magistrates Court must do after receiving application for protection Division 4.1 What Magistrates Court must do after receiving application for protection 45 Meaning of timing notice In this Act: timing notice, for a preliminary conference, means a written notice stating— (a) the return date, time and place of the conference; and (b) that if a party to the application does not appear at the conference, the court may decide the application in the party’s absence.

46 Interim order not sought (1) If the Magistrates Court receives an application for a protection order and an interim order is not sought, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that— Note For the objects of a preliminary conference, see s 49. (2) If the Magistrates Court decides to hold a preliminary conference, the

What Magistrates Court must do after receiving application for protection

Division 4.1 Note The application for the protection order and timing notice must be served personally on the respondent (see s 70A). (3) If the Magistrates Court decides not to hold a preliminary conference,

47 Interim order sought (1) If the Magistrates Court receives an application for a protection order and an interim order is sought, the court must set a return date for the hearing of the interim order which is not later than 2 days after the day the application is received. (2) After the hearing for the interim order, the Magistrate’s Court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that— Note For the objects of a preliminary conference, see s 49.

Division 4.1 What Magistrates Court must do after receiving application for protection (3) If the Magistrates Court decides to hold a preliminary conference, the (a) set a return date for a preliminary conference which is as soon as practicable after the hearing; and (i) a copy of the application for the protection order; and (ii) if an interim order was made— (A) a copy of the application for the interim order; and (B) a copy of the interim order; and (iii) a timing notice for the conference; and Note The application for the protection order and timing notice must be served personally on the respondent (see s 70A). (i) a copy of the application for the protection order; and (ii) if an interim order was made— (A) a copy of the application for the interim order; and (B) a copy of the interim order; and (iii) notice of the return date;

Preliminary conferences Division 4.2 (5) Subsection (3) continues to apply even if the order is taken to be a special interim order under section 26 (General interim orders—taken to be special interim orders if related charges laid) before a preliminary conference is held.

48 Service of application etc on others (1) This section applies to a document required to be served under section 46 or section 47. (2) The registrar— (a) must also give a copy of the document to the following people: (i) if the applicant or respondent is a child—the child’s parent or guardian; (ii) if the applicant or respondent has a disability guardian— the guardian; and (b) may also give a copy of the document to anyone else the registrar considers appropriate. Note Section 70F contains provisions about giving a document to a child or the child’s parent or guardian. (3) The failure of the registrar to comply with subsection (2) (a) does not affect the validity of any protection order or other order under this Act.

49 Preliminary conferences—generally The objects of a preliminary conference in relation to an application for a protection order are to— (a) find out whether the proceeding for the order may be settled by consent before it is heard by the Magistrates Court; and

Note 1 Before making a consent order, the court must explain certain things about the order (see s 66 and s 67). Note 2 Words spoken or anything done at the preliminary conference that is related to a question to be decided by the court in the proceeding for the

50 Adjournment of preliminary conference for non-service The registrar may adjourn a preliminary conference if— and (b) the respondent has not been served in accordance with section 46 or section 47; and (c) the registrar is satisfied the respondent may be served in accordance with section 46 or section 47 if further time for service were allowed. Note 1 The court may direct that service be effected in another way if personal Note 2 The registrar may also extend a general interim order (see s 28).

51 If no consent order at preliminary conference If a preliminary conference in relation to an application for a protection order is held and a consent order is not made, the registrar must— (a) set a return date for a further preliminary conference which is as soon as practicable after the day of the first conference; or (b) set a return date for a hearing to decide the application for the final order; or (c) if a special interim order has been made—adjourn the proceeding until all related charges are finalised.

Non-attendance by party Division 4.2A Division 4.2A Non-attendance by party

52 Meaning of returned before the court—div 4.2A For this division, a time when an application for a protection order is returned before the Magistrates Court means— (a) a return date set for a preliminary conference; or (b) a return date set for a hearing of the application for a final order.

53 Applicant not present at return of application If the applicant is not present, personally or by a representative, at a time when an application for a protection order is returned before the Magistrates Court, the court must— (b) adjourn the proceeding. Note An interim order ends if the application for a final order on which the interim order was made is discontinued or dismissed (see s 25 and s 30).

54 Respondent not present at return of application (1) This section applies to an application for a protection order if the respondent— (a) has been served with a copy of the application and timing notice under section 46 or section 47; and (b) is not present, personally or by a representative, at a time when the application is returned before the Magistrates Court. (2) The Magistrates Court must— (a) decide the application in the respondent’s absence; or (b) if the court considers it appropriate— (i) issue a warrant for the respondent to be arrested and brought before the court; and

(ii) adjourn the proceeding until the respondent is brought before the court. (3) This section does not prevent the Magistrates Court from making an interim order in the proceeding.

54A Neither party present at return of application (1) If neither party to an application for a protection order is present, personally or by a representative, at a time when the application is returned before the court, the Magistrates Court may order that the proceeding be dismissed. (2) If the Magistrates Court orders that the proceeding be dismissed, the court must not make an order about costs.

58 Hearings usually in public The hearing of an application for a protection order must be in public unless— (a) section 59 applies; or (b) the court makes an order under section 60.

59 Public hearing not required (1) The hearing of an application for a protection order, or part of the hearing, need not be in public if— (a) it is a hearing for an interim order; or (b) a party is not present at a time when the application is returned before the court. Note Division 4.2A provides for what happens if a party is not present when an application for a final order is returned before the court.

returned, in relation to an application for a protection order—see section 52.

60 Closed hearings in special circumstances (1) A court hearing an application for a protection order may, if satisfied that it is in the interests of safety, justice or the public to do so, make an order— (a) permitting— (i) the hearing, or part of the hearing, to take place in private; and (ii) stated people to be present at the hearing; or (b) prohibiting or restricting the publication of— (i) evidence given at, or received for, the hearing, whether in public or private; or (ii) a matter in a document filed in the court for the proceeding; or (c) prohibiting or restricting the disclosure to some or all of the parties to the proceeding of— (i) evidence given, or received, at the hearing, whether in public or private; or (ii) a matter in a document filed in the court for the proceeding. (2) A person commits an offence if the person fails to comply with an order under this section. Maximum penalty: 50 penalty units.

(3) For subsection (1), the making of an order is in the interests of safety, justice or the public if the order is necessary— (a) to protect the affected person and any child directly or indirectly affected by the respondent’s alleged conduct; or (b) to protect morals, public order or national security in a democratic society; or (c) because the interest of the private lives of the parties require the privacy; or (d) to the extent privacy is strictly necessary, in special circumstances of the application, because publicity would otherwise prejudice the interests of justice.

60A Notice of grounds of defence (1) A respondent in a proceeding for an application for a protection order may file a notice of grounds of defence at any time before the end of the proceeding. Note If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used. (2) The registrar must serve the notice of grounds of defence on— (a) the applicant; and (b) anyone else the registrar is satisfied has a relevant interest in the proceeding. a parent or guardian of a child who is an applicant if the parent or guardian does not live with the child (3) The respondent does not waive any objection the respondent may have on the grounds of lack of jurisdiction in the court to decide the proceeding only because the respondent files a notice of grounds of defence.

60B Applicant may rely on additional information in hearing An applicant for a protection order may in a hearing of an application for a protection order— (a) rely on information other than information stated in the application; and (b) present additional information to support the application.

60C If child and child’s parent are affected people If a child and the child’s parent are an affected person in relation to the same or similar family violence by a respondent in a proceeding— (a) if an application for a protection order by the child is included in an application for a protection order by the child’s parent under section 16A—the court may hear the application of the child and the child’s parent separately; or (b) if the child is not a party to the proceeding—the court may join the child in the proceeding.

60D Children as witnesses (1) A child, other than a child who is party to a proceeding, may be called as a witness in the proceeding only with the court’s leave. (2) In deciding whether to give leave, the court must consider— (a) the need to protect the child from unnecessary exposure to the court system; and (b) the harm that could be done to the child and the child’s relationship with a family member if the child gives evidence. (3) If the court gives leave, the court may restrict cross-examination of the child if satisfied that it is in the best interests of the child to do so.

61 Discontinuance (1) The applicant in a proceeding for a protection order may discontinue the proceeding at any time before a final decision is made in the proceeding by filing a notice of discontinuance. Note 1 The court may make an order for costs against an applicant if satisfied the application was vexatious, frivolous or in bad faith. However, an application is not vexatious, frivolous or in bad faith only because it is made then discontinued (see s 73). Note 2 If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used. (2) If a proceeding is discontinued, the discontinuance— (a) does not prevent a further application being made in relation to the same, or substantially the same, matter; and (b) is not a defence in a proceeding on any further application.

62 Admissibility of preliminary conference evidence (1) This section applies to a proceeding for a protection order if a preliminary conference is held in relation to the application for the (2) Evidence must not be given before, or statements made in, the court about words spoken or anything done at the preliminary conference that is related to a question to be decided by the court in the proceeding unless— (a) the parties otherwise agree; or (b) the court is satisfied that there are substantial reasons why, in the interests of justice, the evidence should be given, or statements made.

62A Giving evidence by affidavit for interim order (1) This section applies if a police officer applies for a protection order on behalf of an affected person. (2) In a proceeding for an interim order, evidence may be given by an affidavit— (a) made by the affected person or a police officer; and (b) sworn or affirmed before a police officer of, or above, the rank of sergeant. Note An affidavit may also be sworn or affirmed before a person mentioned in the Oaths and Affirmations Act 1984, s 11.

63 Examination of affected person by self-represented respondent (1) This section applies if in a proceeding for a family violence order a respondent is not represented by a lawyer. (2) An affected person must not be examined personally by the (3) The court must, as soon as practicable, tell the respondent— (a) about this section; and (b) that the respondent may not present evidence from another witness in relation to a fact in issue (the contested fact) to contradict the evidence of the affected person in relation to the contested fact if the other witness’s contradictory evidence has not been put to the affected person in cross-examination. (4) The court may— (a) appoint a person to examine an affected person on the respondent’s behalf; or

(b) if the court considers it is in the interests of justice, do 1 or more of the following: (i) adjourn the proceeding to enable the respondent to get a lawyer to conduct the examination; (ii) make— (A) an order that the person get a lawyer; and (B) any other order the court considers necessary to get a lawyer for the person. (5) A person appointed by the court for subsection (4) (a) may ask the witness only the questions that the respondent asks the person to put to the affected person, and must not independently give the respondent legal or other advice. Note If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see Evidence Act 2011, s 41 (1) (Improper questions)). examine includes cross-examine and re-examine.

64 Undertakings by respondent Before a court accepts an undertaking from a respondent in a proceeding for a family violence order, the court must obtain from the respondent and protected person a written acknowledgment that each person understands the following: (a) a breach of the undertaking is not an offence; (b) the undertaking is not legally enforceable; (c) the court’s acceptance of the undertaking does not stop the court from making further orders against the respondent to protect the protected person from family violence;

Making of protection orders Division 4.4 (d) evidence of a breach of the undertaking may be used in evidence in a later proceeding.

65 Court may inform itself The court may inform itself in any way it considers appropriate in a proceeding for a family violence order.

66 Explaining orders if respondent present (a) a court intends to make a protection order; and (b) the respondent is before the court. (2) On making the protection order (other than a consent order), the court must explain to the respondent, in language likely to be readily understood by the respondent— (a) the purpose, terms and effect of the order; and Note Explaining the effect of the order includes explaining any consequence that will automatically flow from the making of the order. For example, if relevant, that any firearms licence of the respondent will automatically be cancelled or suspended. (b) the consequences that may follow if the respondent fails to comply with the order; and (c) how the order may be amended or revoked; and (d) that the order may be enforced or amended anywhere in Australia or New Zealand. Note Pt 9 deals with the recognition of family violence orders from other jurisdictions in Australia and New Zealand.

(3) Before making a consent order, the court must explain to the respondent, in language likely to be readily understood by the respondent, the matters mentioned in subsection (2) (a) to (d). (4) A failure of the court to comply with this section in relation to a protection order does not affect the validity of the order.

67 Explaining orders if protected person present (a) a court intends to make a protection order; and (b) the protected person is before the court. (2) On making the protection order (other than a consent order), the court must explain to the protected person, in language likely to be readily understood by the person— (a) the purpose, terms and effect of the order; and Note Explaining the effect of the order includes explaining any consequence that will automatically flow from the making of the order. For example, if relevant, that any firearms licence of the respondent will automatically be cancelled or suspended. (b) the consequences that may follow if the respondent fails to comply with the order; and (c) how the order may be amended or revoked; and (d) that the order may be enforced or amended anywhere in Australia or New Zealand. (3) Before making a consent order, the court must explain to the protected person, in language likely to be readily understood by the person, the matters mentioned in subsection (2) (a) to (d). (4) A failure of the court to comply with this section in relation to a protection order does not affect the validity of the order.

Service of documents Division 4.4A

68 Reasons for order (1) If a court makes a protection order, the court must record the reasons for making the order. (2) If the order is a consent order, the reason for making the order is that the parties have consented to it.

69 Orders generally not to include protected person’s address (1) The protected person’s home or work address must not be included in a family violence order unless— (a) the protected person agrees to the address being included; or (b) it is necessary to include the address to allow the respondent to comply with the order; or (c) the court, registrar or another judicial officer making the order is satisfied that the respondent already knows the address. (2) For this section, if the protected person is not the applicant, protected person includes the applicant.

70A Personal service of application on respondent (1) An application for a protection order and timing notice must be served personally on the respondent. (2) However, if personal service is not reasonably practicable, the court may order that the application be served in a way, stated in the order, that the court considers is likely to bring the application and timing notice to the attention of the respondent.

70B Dismissal of application for non-service The Magistrates Court may dismiss an application for a protection order if satisfied that— (a) the application cannot be served on the respondent in accordance with section 70A; and (b) no alternative way of service would be effective to serve the application on the respondent; and (c) the respondent has not intentionally avoided service.

70C Service of protection orders (1) If a court makes a protection order, the registrar must— (a) if the order is an interim order—serve 2 copies of the order (1 marked as the endorsement copy) on the respondent as soon as practicable; and (b) if the order is not an interim order—serve a copy of the order on the respondent; and (c) give a copy of the order to— (i) each other party to the proceeding; and (ii) the chief police officer; and (iii) the registrar of firearms; and (iv) if a party to the proceeding is a child—the child’s parent or (v) if a party to the proceeding has a disability guardian—the

Service of documents Division 4.4A (vi) anyone else the court is satisfied has a relevant interest in the proceeding who does not already have a copy of the Note 1 Section 108 provides for service of an after-hours order. Note 2 Section 70F contains provisions about giving a document to a child or the child’s parent or guardian. (2) If the registrar serves a special interim order on a person, the registrar must also give the person a notice telling the person that— (a) the respondent may apply to the court for review of the order under section 87 (Special interim orders—application for review); and (b) if a preliminary conference in relation to the application for the protection order is held and a consent order is not made—the court will set a return date for a hearing to decide the application for the final order after all related charges are finalised. (3) Service under subsection (1) (a) must be personal service unless— (a) the respondent is present when the protection order is made; or (b) a court makes an order under section 70A (2). (4) The failure of the registrar to comply with subsection (1) (c) (iv) or (v) does not affect the validity of the protection order.

70D Self-represented parties (1) This section applies if a party to an application for a protection order is not represented by a lawyer. (2) Unless the court requires a document to be served by a police officer, the registrar must serve any document required to be served by the self-represented party. (3) Any address for service given to the court must not be given to the other party without the self-represented party’s consent.

70E Service of documents by police A court may direct that a document required to be served on someone be served by a police officer.

70F Giving documents to child or child’s parent or guardian (1) If a document is required to be given to a child, it must not be given at or near the child’s school unless there is no other place where the document may be reasonably given to the child. (2) If a document is required to be given to a child’s parent or guardian— (a) the document need not be given if the parent or guardian is also a party to the application or proceeding; and (b) the court may order that the document is not required to be given if satisfied that— (i) giving the document is not reasonably practicable; or (ii) there are circumstances that justify the document not being given. Examples—par (ii) 1 the child is estranged from the child’s parent 2 there would be an unacceptable risk to the child’s safety if the parent or guardian was given the document guardian includes a disability guardian.

70G Affidavit of service of documents by police If a police officer serves a document on a person under this Act, an affidavit of service by the police officer may be sworn or affirmed before another police officer of, or above, the rank of sergeant. Note An affidavit may also be sworn or affirmed before a person mentioned in the Oaths and Affirmations Act 1984, s 11.

Other procedural matters Division 4.5

71 Police officer party to proceeding—substitution of applicant etc (1) This section applies if a police officer— (a) applies for a protection order for an affected person under section 16 (2) (a); or (b) is taken to be the applicant for a protection order under section 112 (Court-initiated interim orders). (2) The Magistrates Court may, on application or its own initiative, substitute as applicant— (a) with the protected person’s consent—the protected person; or (b) a litigation guardian for the protected person or any other person with a right to apply for the protected person. (3) In a proceeding for a family violence order, the police officer may be represented by— (a) another police officer; or (b) a person nominated by the chief police officer.

71A Request for further particulars A party may only seek further particulars of an applicant for a protection order with the court’s leave.

73 Costs (1) Each party to a proceeding for a family violence order is responsible for the party’s own costs of the proceeding. (2) However, a court may make an order about costs against— (a) the applicant for a family violence order only if the court is satisfied the application was vexatious, frivolous or in bad faith; or (b) the respondent if the court considers it appropriate to do so. Note If the Magistrates Court orders that a proceeding be dismissed under s 54A (Neither party present at return of application), the court must not make an order about costs (see s 54A (2)). (3) For subsection (2) (a), an application is not a vexatious or frivolous application or an application made in bad faith only because it is made then discontinued. (4) If the court orders costs against a party to a proceeding (the payee) for a family violence order, the amount must not be more than the costs reasonably incurred by the other party. (5) The amount stated in the order— (a) is a debt owed by the payee to the other party; and (b) is a judgment debt enforceable in accordance with the rules under the Court Procedures Act 2004 applying in relation to the civil jurisdiction of the Magistrates Court.

Party with impaired decision-making ability Division 4.6 Division 4.6 Party with impaired decision-making

74 Meaning of impaired decision-making ability (1) For this Act, a person has impaired decision-making ability if the person— (a) cannot make decisions in relation to a proceeding under this Act; or (b) does not understand the nature and effect of the decisions the person makes in relation to the proceeding. (2) For subsection (1), a person does not have impaired decision-making ability only because— (a) the person makes an unwise decision; or (b) a disability guardian is appointed for the person; or (c) subject to section 75, the person is a child; or (d) the person has, or is taken to have, impaired decision-making ability under another territory law or in relation to another matter.

75 Child respondents A child under 14 years old cannot be a respondent to an application for a family violence order.

76 Representation—party with impaired decision-making (a) the court considers that a party to a proceeding for a family violence order has impaired decision-making ability; and

Division 4.6 Party with impaired decision-making ability (b) the person is not represented by— (i) a lawyer; or (ii) another person with a right to represent the person. Examples—par (b) (ii) 1 a police officer 2 litigation guardian 3 disability guardian 4 for a child, the child’s parent (2) The court may, on application, or its own initiative— (a) adjourn the proceeding so the parties can get representation or appoint a litigation guardian; and (b) give the parties information necessary to allow the parties to get representation or appoint a litigation guardian; and (c) tell the public advocate that the proceeding has been adjourned so the parties can get representation or appoint a litigation (d) ask that legal representation be arranged by Legal Aid ACT. (3) Nothing in this section prevents a court or judicial officer from making an interim order or after-hours order against a respondent with impaired decision-making ability if the court is satisfied of the matters mentioned in section 21 (Interim orders—grounds for making) or section 100 (After-hours orders—grounds for making). Note A child under 14 years old cannot be a respondent to an application for a family violence order (see s 75). Legal Aid ACT—see the Legal Aid Act 1977, section 94 (Commission to operate as Legal Aid ACT).

Appointment etc of litigation guardian Division 4.7

77 Consent orders—party with impaired decision-making (a) a court is considering an application for a consent order; and (b) the court considers that a party to the proceeding is a person with impaired decision-making ability who is not separately represented by a lawyer or another person with a right to represent the person; and (c) it appears to the court that the party should be separately represented. (2) The court— (a) must not make the consent order; and (b) may adjourn the hearing to allow the person to get separate representation.

78 Litigation guardian—appointment (1) The following people may be appointed as a litigation guardian for a person with impaired decision-making ability (the assisted person) in a proceeding for a family violence order: (a) an adult who is not a person with impaired decision-making ability; (b) the public advocate. (2) A person is appointed by filing with the Magistrates Court a statement— (a) about whether, to the best of the person’s knowledge, the assisted person already has a disability guardian; and

(b) to the effect that the person— (i) has no interest in the proceeding that is adverse to the interests of the assisted person; and (ii) agrees to be appointed. (3) If the assisted person already has a disability guardian, the disability guardian may be appointed as the assisted person’s litigation guardian only with the Magistrates Court’s leave.

79 Litigation guardian—powers (1) This section applies if a litigation guardian has been appointed under section 78 for a person with impaired decision-making ability. (2) Anything that the person is allowed to do under this Act may be done by the person’s litigation guardian. (3) Anything that the person is required to do under this Act must be done by the person’s litigation guardian. Note The litigation guardian may not give the person’s evidence for the person (see Evidence Act 2011, pt 3.2).

80 Litigation guardian—responsibilities The litigation guardian of a person with impaired decision-making ability in a proceeding for a family violence order must do everything that is necessary in the proceeding to protect the person’s interests.

81 Litigation guardian—removal (1) A court may in a proceeding for a family violence order, on application or on its own initiative— (a) remove the litigation guardian of a person with impaired decision-making ability in the proceeding; and (b) order that the proceeding be stayed until someone else has been appointed as a replacement litigation guardian.

Appointment etc of litigation guardian Division 4.7 (2) An applicant for an order under subsection (1) must, unless the court otherwise directs, serve notice of the application on the person whose removal is sought and on the person with impaired decision-making ability in the proceeding. (3) An application under subsection (1) may be made by a party to the proceeding or anyone else.

82 Amendment of protection orders—who may apply The Magistrates Court may, on application by any of the following people, amend a protection order: (a) the protected person for the order; (b) if the protected person is not the applicant for the order—the applicant; (c) the respondent to the order. Note 1 Amend includes extend or reduce the period for which the protection order remains in force (see dict). Note 2 If a form is approved under the Court Procedures Act 2004, s 8 for an

82A Amendment of protection orders—preliminary conferences (1) If the Magistrates Court receives an application under section 82, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that— (2) The objects of a preliminary conference are to— (a) find out whether the proceeding for the amendment may be settled by consent before it is heard by the Magistrates Court; and

Amendment of protection orders Part 5 Note Words spoken or anything done at the preliminary conference that is related to a question to be decided by the court in a proceeding for the (3) If the Magistrates Court decides to hold a preliminary conference the (5) The registrar may adjourn a preliminary conference if— and (b) the respondent has not been served in accordance with this section; and

(c) the registrar is satisfied that the respondent may be served if further time for service were allowed. Note The court may direct that service be effected in another way if personal

82B Provisional amendment of protection order in special or exceptional circumstances (1) This section applies if the Magistrates Court receives an application for an amendment under section 82 and the applicant— (a) is the protected person, or the applicant, for the protection order; and (b) seeks an urgent amendment (a provisional amendment) before the application for the amendment is decided. (2) The Magistrates Court may make the provisional amendment at any time before the application for the amendment is decided, and whether or not the respondent is present, if satisfied— (a) that there are special or exceptional circumstances that justify making the amendment; and (b) of the matters mentioned in section 83 (1). (3) If the Magistrates Court makes a provisional amendment, the registrar must as soon as practicable serve on the respondent a copy of the provisional amendment. Note Section 82A deals with the holding of a preliminary conference in relation to an application made under s 82. (4) A provisional amendment ends on the earlier of the following: (a) the date the application for the amendment is decided; (b) 12 months after the provisional amendment is made. (5) More than 1 provisional amendment may be in force in relation to the same application.

Amendment of protection orders Part 5

83 Amendment of protection orders (1) The Magistrates Court may amend a protection order only if satisfied that— (a) amending the order will not adversely affect the safety of the protected person or a child of the protected person; and (b) the order as amended could be made on application for a protection order; and (c) if the amendment would reduce the protection of a child who is 15 years old or younger—the child is no longer in need of the greater protection provided by the unamended protection order. (2) If the protection order has been amended by being extended, the order must mention that it has been extended. (3) An application for an amendment must state the grounds for the application. 1 the protected person has had a change in circumstances since the original order was made 2 the original order restricts the respondent’s rights unnecessarily (4) An application for an amendment must be made before the original order ends. (5) If the parties consent to the application to amend the protection order, the Magistrates Court must amend the order regardless of whether or not— (a) the grounds mentioned in subsection (1) (a), (b) and (c) have been made out; or (b) the court has considered those grounds.

84 Final orders—temporary amendment (1) The Magistrates Court may, on application, amend a final order for a stated period (a temporary amendment). (2) The order for the temporary amendment must state— (a) the date and time when the amendment starts and ends; and (b) the reasons for the amendment.

85 General interim orders made by consent—extension The Magistrates Court may, on application, amend a general interim order made as a consent order by extending it for an additional stated period, or further additional stated period.

86 Final orders—extension (1) The Magistrates Court must, on application, amend a final order (the original order) by extending it for a stated period unless satisfied that a protection order is no longer necessary to protect the protected person from family violence by the respondent. (2) If the parties consent to the application to amend the original order, the Magistrates Court must amend the original order without considering the matter mentioned in subsection (1).

87 Special interim orders—application for review The Magistrates Court may, on application by the respondent to a special interim order, give leave to the respondent to apply to the court for review of the order in relation to any of the following only: (a) the identity of the respondent; (b) an administrative defect or error in the special interim order; (c) whether or not there are outstanding related charges in relation to the respondent. Note 1 Section 22 deals with the making of general interim orders and special interim orders. Note 2 If a form is approved under the Court Procedures Act 2004, s 8 for an

88 Special interim orders—review (1) On hearing an application for review under section 87, the Magistrates Court must, by order— (b) confirm the special interim order; or (c) revoke the special interim order; or (d) set aside the special interim order and make a new interim order. (2) The Magistrates Court may revoke the special interim order only if the Magistrates Court is satisfied that the special interim order is no longer necessary for the protection of the protected person. (3) If the Magistrates Court revokes the special interim order and the protected person is not present in court when the order is revoked, the court must notify the protected person in writing as soon as practicable.

89 Final orders—application for review (1) This section applies to an application for review of a final order (the original order). Note Section 91 also applies to applications for review of consent orders. (2) The following people may apply to the Magistrates Court for review of the original order: (a) the protected person; (b) if the protected person is not the applicant—the applicant; (c) with the court’s leave— (i) the respondent; or (ii) someone else with sufficient interest in the original order. Example—someone with sufficient interest a protected person’s guardian (3) Before hearing an application for leave for subsection (2) (c), the Magistrates Court must— (a) fix a date and time to hear the application; and (b) give the people mentioned in subsection (2) written notice of the date and time. (4) The Magistrates Court may grant leave under subsection (2) (c) only if satisfied there has been a change in the circumstances of a party to the order or it is in the interests of justice to do so. (5) In this section: protected person means the protected person in relation to the original order. respondent means the respondent to the original order.

90 Final orders—review (1) On hearing an application under section 89 to review a final order, the Magistrates Court must, by order— (b) confirm the original order; or (c) revoke the original order; or (d) set aside the original order and make a new order. (2) The Magistrates Court may revoke the original order— (a) if the Magistrates Court is satisfied that the original order is no longer necessary to protect the protected person; or (b) if— (i) the applicant for the original order applies for the review of the original order; and (ii) if the revocation would affect the protection of a child who is 15 years old or younger—the Magistrates Court is satisfied the child is no longer in need of the protection provided by the original order. (3) If the Magistrates Court revokes the original order and the protected person is not present in court when the order is revoked, the court must notify the protected person in writing as soon as practicable.

91 Consent orders—review (1) A party to a proceeding for a protection order may also apply to the Magistrates Court for a review of a consent order (the original order) on the ground that the making of the original order was induced or affected by fraud or duress, other than fraud of the party or duress applied by the party.

(2) On application for the review, the Magistrates Court may— (a) either— (i) amend, or refuse to amend, the original order; or (ii) declare the original order void; and (b) make any order that could have been made on the application in relation to which the original order was made instead of the original order.

91A Review of orders—preliminary conference (1) If the Magistrates Court receives an application under section 87, section 89 or section 91, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that— (2) The objects of a preliminary conference are to— (a) find out whether the proceeding for the review may be settled by consent before it is heard by the Magistrates Court; and Note Words spoken or anything done at the preliminary conference that is related to a question to be decided by the court in a proceeding for the (3) If the Magistrates Court decides to hold a preliminary conference, the

(5) The registrar may adjourn a preliminary conference if— and (b) the respondent has not been served in accordance with this section; and (c) the registrar is satisfied that the respondent may be served if further time for service were allowed. Note The court may direct that service be effected in another way if personal

91B Magistrate review of registrar decisions (a) a territory law provides for the exercise of the Magistrates Court’s jurisdiction by the registrar in relation to a relevant decision; and Note The Court Procedures Rules 2006 may provide for the jurisdiction of the Magistrates Court otherwise exercisable by a magistrate to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules (see Magistrates Court Act 1930, s 4 (4)). (b) the registrar makes a relevant decision. (2) The registrar must tell the applicant for the protection order about the effect of this section when they make the relevant decision. (3) The applicant may, before the close of registry on the day the relevant decision is made, request a review of the relevant decision. Note For registry’s office hours, see the Court Procedures Rules 2006, r 6300. (4) The request may be made orally or in writing. (5) If the applicant requests a review under subsection (3), the registrar must— (a) set a return date for a hearing of the request for review that is as soon as reasonably practicable, but not later than 2 days after the day the request is received; and (b) tell the applicant the return date, time and place of the hearing. (6) The registrar need not tell the respondent about the return date, time and place of the hearing. (7) The review is a rehearing of the matter anew. (8) For this section, a decision of the registrar is a relevant decision if it is a decision to— (a) refuse to make an interim order; or

(b) if section 54 (Respondent not present at return of application) applies—adjourn the proceeding; or (c) if the applicant for the protection order asks for a condition to be included in an interim order—refuse to include the condition in the interim order. (9) Despite subsection (8) (c), a decision of the registrar is not a relevant decision if the registrar includes a condition of a similar kind in the interim order. Example—condition of a similar kind The applicant for a protection order asks for the interim order to include a condition that the respondent is prohibited from being within 20m of the applicant. The registrar refuses to include the requested condition, but includes a condition that the respondent is prohibited from being within 50m of the applicant. The condition included in the interim order is a condition of a similar kind to the condition sought by the applicant.

92 Appealable decisions The following decisions by the Magistrates Court under this Act are appealable: (a) the making, amending or revoking of a final order; (b) a refusal to make, amend or revoke a final order; (c) a decision mentioned in section 91 made on the review of a consent order.

93 Appeals to Supreme Court (1) A person may appeal to the Supreme Court against an appealable decision if the person was a party to the proceeding in which the decision was made.

(2) The person must file a notice of appeal with the Supreme Court not later than 28 days after— (a) if the appealable decision was the making or amending of a final order and the respondent was not present when the final order was made or amended—the day the final order or amendment is served on the respondent; or (b) in any other case—the date of the order. (3) However, the Supreme Court may allow a person to file a notice of appeal after the period mentioned in subsection (2) if satisfied that it is appropriate to do so.

95 Evidence on appeal In an appeal, the Supreme Court must consider the evidence given in the proceeding from which the appeal arose, and has power to draw inferences of fact and, in its discretion, to receive further evidence.

96 Powers of Supreme Court on appeal On an appeal, the Supreme Court may— (a) confirm, reverse or amend the decision or order appealed from; or (b) make the decision or order that, in all the circumstances, it considers appropriate, or refuse to make an order; or (c) set aside the decision or order appealed from, completely or partly, and remit the proceedings to the Magistrates Court for further hearing, subject to the directions the Supreme Court considers appropriate.

97 Effect of filing appeal The filing of an appeal against the making or amending of a final order does not affect the operation of the order.

98 Meaning of business hours—pt 7 business hours, of the Magistrates Court, means the time, on a day the registry of the Magistrates Court is required to be open under the Court Procedures Rules 2006, between the earliest and latest times that the court would normally sit on that day.

99 Police officer may apply for after-hours order A police officer may apply to a judicial officer for an order against a person outside the business hours of the Magistrates Court (an after-hours order). Note A child under 14 years old cannot be a respondent to an application for a family violence order (see s 75).

100 After-hours orders—grounds for making A judicial officer may make an after-hours order if satisfied that— (a) there is a risk to an affected person of family violence by the respondent; and (b) the order is immediately necessary to— (i) ensure the safety of the affected person from the violence; or (ii) prevent substantial damage to the affected person’s property; and (c) in relation to the circumstances creating the risk mentioned in paragraph (a)— (i) it is not practicable to arrest the respondent for a family violence offence; or

(ii) there are no grounds to arrest the respondent for a family violence offence. Examples—par (c) (i) 1 the respondent is in NSW and ACT police do not have the power to make an immediate arrest 2 the respondent’s immediate location is not known Note 1 The judicial officer must also consider the matters mentioned in s 14 in deciding whether to make the after-hours order.

101 After-hours orders—application (1) An application for an after-hours order may be made by telephone. (2) The police officer making the application must— (a) satisfy the judicial officer about the police officer’s identity, rank and identification number; and (b) describe the conduct the application is based on; and (c) give the reasons for the application; and (d) provide any other relevant information required by the judicial officer. (3) If it is practicable in the circumstances, the police officer must send the judicial officer a brief written statement of the matters mentioned in subsection (2) (b) and (c) by fax or email. (4) If the statement is not sent by fax or email, the judicial officer must ensure that a brief description of the conduct the application is based on and the reasons for the application are part of the record of the Magistrates Court.

102 After-hours orders—making (1) An after-hours order must include— (a) the name, rank and identification number of the police officer who applied for the order; and (b) the protected person’s and respondent’s name; and (c) the conditions of the order; and (d) the time the order is made; and (e) the name and position of the judicial officer. (2) The after-hours order must— (a) be sent to the police officer by fax or email if it is practicable to do so; or (b) otherwise be dictated to the police officer over the telephone or by any other electronic means. (3) If the judicial officer dictates the after-hours order over the telephone— (a) the judicial officer and police officer must each make a record of the matters dictated; and (b) the record made by the judicial officer is the original after-hours (c) the record made by the police officer is a copy of the order.

103 After-hours orders—refusal If an application for an after-hours order is refused, the judicial officer must record in writing— (a) the name, rank and identification number of the police officer who applied for the order; and (b) the name of the person against whom the order was sought; and

(c) the name of the person for whose protection the order was sought; and (d) the reasons for refusing to make the order.

104 After-hours orders—records The judicial officer must— (a) if an after-hours order is made, record the reasons for making the order; and (b) ensure that every record made under section 102 or section 103 is part of the record of the Magistrates Court.

105 After-hours orders—detention of person against whom order sought (1) If a police officer proposes to apply for an after-hours order against a person, the police officer may— (a) if the police officer is reasonably satisfied of a reason mentioned in section 100 (a) and (b), remove the person to another place; and (b) detain the person until— (i) if the order is made—a copy of the order is given to the person; or (ii) if the application for the order is refused—the police officer is notified by the judicial officer of the refusal. (2) A person must not be detained under this section for longer than 4 hours.

106 After-hours orders—length (1) An after-hours order remains in force until the earliest of the following: (a) close of business on the second business day after the day the order is made; (b) the order is revoked; (c) a final order or interim order made against the respondent in relation to the affected person is served on the respondent. Note Periods of less than 5 days are to be worked out ignoring any day the Magistrates Court is not open for business (see s 154). (2) An after-hours order cannot be renewed or extended. business day means a day the registry of the Magistrates Court is required to be open under the Court Procedures Rules 2006.

107 After-hours orders—amendment or revocation (1) An after-hours order may be amended or revoked during business hours of the Magistrates Court in the same way, and on the same grounds, as a protection order may be amended or revoked. (2) An after-hours order may be revoked or amended outside business hours of the Magistrates Court by a judicial officer on application by a police officer. (3) The procedure for amending or revoking an after-hours order outside business hours of the Magistrates Court is the same as the procedure for making an after-hours order. (4) However, the application for amendment or revocation need not describe the conduct the original application for the after-hours order is based on.

108 Service of after-hours orders (1) A copy of an after-hours order must be served personally on the respondent by a police officer. (2) However, if personal service of an after-hours order is not reasonably practicable, a judicial officer may order that the application be served in the way, stated in the order, that the judicial officer considers is likely to bring the after-hours order to the attention of the respondent.

109 Police required to explain after-hours orders (1) A police officer serving a copy of an after-hours order on a respondent must, as far as practicable in the circumstances, explain to the respondent the purpose, terms and effect of the order and the consequences of contravening the order. (2) The failure of a police officer to comply with subsection (1) does not affect the validity of the service of the after-hours order.

110 Police to give reasons for not applying for after-hours (1) This section applies if a police officer— (a) deals with an incident in which the police officer is satisfied that there are reasonable grounds, as set out in section 100, for making an after-hours order; and (b) decides not to apply for an after-hours order. (2) The police officer must make a record of the decision, including a brief note of the reasons for it.

Court-initiated actions Part 8

111 Application—pt 8 This part applies to a proceeding for a family violence offence (a family violence proceeding).

112 Court-initiated interim orders (1) In a family violence proceeding, the court may make an interim order against the defendant if the court is satisfied that a court may, if it were acting on an application for a final order, make an interim order against the defendant. (2) The interim order may be made— (a) at any time before the family violence proceeding is finalised; or (b) if the defendant is found guilty of the offence. (3) The interim order may be made as a consent order under section 33 as if the court were acting on an application for a final order. (4) The court may inform itself of any matter necessary to make an interim order under this section. (5) The registrar must, as soon as practicable after an interim order is made under this section— (a) give the protected person a copy of the interim order; and (b) take all reasonable steps to confirm the protected person knows about the interim order.

finalised—a family violence proceeding is finalised if— (a) the charge for the offence in the family violence proceeding is withdrawn; or (b) the director of public prosecutions declines to proceed further with the prosecution of the offence and causes it to be brought to an end; or (c) the charge is dismissed by a court; or (d) the person is discharged by a court following a committal hearing; or (e) the person is acquitted, convicted or found guilty of the offence.

113 Interim court-initiated protection order taken to be special interim order If a court makes an interim order under section 112— (a) an application for a final order is taken to have been made and served on the respondent; and (b) the order is taken to be a special interim order; and (c) the applicant for the protection order is taken to be— (i) a stated police officer; or (ii) if the protected person consents— (A) the protected person; or (B) a litigation guardian for the protected person or any other person with a right to apply for the protected (d) subdivision 3.3.3 (Special interim orders) applies to the order as if the charge for the offence in the family violence proceeding were an outstanding related charge; and

Court-initiated actions Part 8 (e) section 47 (1) (b) (Interim order sought) applies to the order; and (f) section 48 (Service of application etc on others) applies to the (g) division 4.2 (Preliminary conferences) applies to the order; and (h) division 4.2A (Non-attendance by party) applies to the order.

114 Amendment of existing protection order if later family violence charge (1) In a family violence proceeding, a court may amend an existing protection order against the defendant in relation to the protected person if satisfied that an amendment is necessary to protect the protected person or another affected person from family violence. Note 1 An affected person includes any child who hears, witnesses or is Note 2 The court may amend a recognised non-local FVO under s 132. (2) If the existing protection order is— (a) a general interim order— (i) the interim order is taken to be a special interim order; and (ii) subdivision 3.3.3 (Special interim orders) applies to it as if the charge for the offence in the family violence proceeding were an outstanding related charge; or (b) a special interim order—the charge for the offence in the family violence proceeding is taken to be an outstanding related charge. (3) The court may inform itself of any matter necessary to amend a protection order under this section.

115 Definitions—pt 9 corresponding law means a law of another jurisdiction prescribed by regulation that contains provisions that substantially correspond with the provisions in this part. family violence concern—see section 116. family violence order—see FVO. final FVO means an FVO that is not an interim FVO. foreign order means— (a) a New Zealand FVO; or (b) a prescribed order. FVO (or family violence order) means a local FVO, an interstate FVO or a foreign order. general violence order means— (a) an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (SA); or (b) a violence restraining order under the Restraining Orders Act 1997 (WA) other than— (i) a family violence restraining order made under that Act, section 10E; or (ii) a police order under that Act.

Preliminary Division 9.1 interim FVO means an FVO that is of an interim or provisional nature and includes the following: (a) an FVO made by a police officer; Note An after-hours order is an interim FVO for this part. (b) a temporary protection order under the Domestic and Family Violence Protection Act 2012 (Qld); (c) an FVO prescribed by regulation. interstate FVO— (a) means an order of another jurisdiction prescribed by regulation; but (b) does not include a registered foreign order. interstate law enforcement agency means— (a) the police force of another jurisdiction; or (b) any other agency of another jurisdiction responsible for the enforcement of FVOs in that jurisdiction. issuing authority means a court or person with power to make, amend or revoke an FVO under the law of a participating jurisdiction. issuing jurisdiction, for an FVO, means the jurisdiction in which the FVO is made. jurisdiction means a State or the Territory. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). local FVO— (a) means a protection order or an after-hours order under this Act; but (b) does not include a registered foreign order. local law enforcement agency means the Australian Federal Police.

make includes issue. New Zealand FVO means an order made under the Family Violence Act 2018 (NZ) or under an Act repealed by that Act. non-local FVO means an interstate FVO or a foreign FVO. participating jurisdiction means the following jurisdictions: (a) the ACT; (b) a jurisdiction in which a corresponding law is enacted. properly notified—see section 117. recognised amendment—see section 120. registered foreign order means— (a) a foreign order of another jurisdiction prescribed by regulation; or (b) a foreign order registered under section 134B.

116 Meaning of family violence concern—pt 9 (1) For this part, an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 (SA) addresses a family violence concern if the order is made because it is reasonable to suspect that the respondent will, without intervention, commit an act of domestic abuse (within the meaning of that Act). (2) For this part, a family violence restraining order under the Restraining Orders Act 1997 (WA) addresses a family violence concern if the order is made because the respondent has committed, or because it is feared the respondent will commit, family violence (within the meaning of that Act, section 5A).

Preliminary Division 9.1 (3) For this part, a general violence order is taken to be an order that addresses a family violence concern if— (a) it is declared for this part and a corresponding law to be an order that addresses a family violence concern (however described) by the issuing authority that makes the order, or (b) a registrar of a court of the jurisdiction in which the order was made makes an order for this part and a corresponding law declaring the FVO to be a recognised FVO (however described) in that jurisdiction.

117 Meaning of properly notified—pt 9 (1) For this part, the making of a local FVO is properly notified under territory law if— (a) the respondent is present when the FVO is made; or (b) the FVO is served in accordance with division 4.4A (Service of documents). (2) The making of an interstate FVO is properly notified under the law of the jurisdiction in which it is made in the circumstances provided for by the corresponding law of that jurisdiction. (3) An amendment of a recognised FVO that is done in the ACT is properly notified under territory law if— (a) the respondent is present when the FVO is made; or (b) the FVO is served in accordance with division 4.4A (Service of documents). (4) An amendment of a recognised FVO that is done in another jurisdiction is properly notified under the law of that jurisdiction in the circumstances provided for by the corresponding law of that

118 Special provisions for registered foreign orders (1) For this part, a registered foreign order is taken to be made— (a) in the jurisdiction in which it is registered as a registered foreign (b) when it becomes a registered foreign order in that (2) A registered foreign order is amended or revoked, for this part, if its registration as a registered foreign order is amended or revoked. (3) A power given under this part to amend or revoke a registered foreign order is a power to amend or revoke registration of the order as a registered foreign order.

Subdivision 9.2.1 General principles

119 Recognition of FVOs (1) Each of the following FVOs is a recognised FVO in the ACT: (a) a local FVO; (b) an interstate FVO made in a participating jurisdiction; (c) a foreign order that is a registered foreign order in any participating jurisdiction. Note Recognition can also extend to FVOs made in jurisdictions that are not, or are not yet, a participating jurisdiction (see div 9.6). (2) An FVO becomes a recognised FVO when it is made. Note A foreign order is taken to be made when it is registered as a registered foreign order (see s 118). (3) An FVO is a recognised FVO, subject to this part, for the period for which it remains in force in the jurisdiction in which it is made.

120 Amendment of FVOs (1) An amendment of a recognised FVO that is done in this or another jurisdiction is a recognised amendment in the ACT in the circumstances provided for by this section. (2) An amendment of a local FVO is a recognised amendment in the ACT if the amendment is done— (a) in the ACT by a court or a person authorised to do so under this Act; or (b) in another participating jurisdiction by a court under a (3) An amendment of an interstate FVO or foreign order is a recognised amendment in the ACT if the amendment is done— (a) in the issuing jurisdiction by a court or a person authorised to do so under the law of the issuing jurisdiction; or (b) in any participating jurisdiction by a court under this part or a Note The issuing jurisdiction for a foreign order is the jurisdiction in which the order is made (see s 115, def issuing jurisdiction and s 118). (4) An amendment is recognised from the time that it is done.

121 Revocation of recognised FVOs (1) An FVO ceases to be a recognised FVO if the FVO is revoked in this or another jurisdiction and that revocation is recognised in the ACT. (2) A revocation of a local FVO is recognised in the ACT if the revocation is done— (a) in the ACT by a court or a person authorised to do so under this Act; or

(b) in another participating jurisdiction by a court under a (3) A revocation of an interstate FVO or foreign order is recognised in the ACT if the revocation is done— (a) in the issuing jurisdiction by a court or a person authorised to do so under the law of the issuing jurisdiction; or (b) in any participating jurisdiction by a court under this part or a (4) The FVO ceases to be a recognised FVO from the time it is revoked.

122 Recognised FVO prevails over earlier comparable FVOs (1) A recognised FVO that is enforceable against a respondent in the ACT (a new FVO) supersedes— (a) any comparable recognised FVO made earlier than the new FVO; and (b) any comparable local FVO made earlier than the new FVO (whether or not the local FVO is a recognised FVO). (2) The earlier comparable FVO is superseded from the time the recognised FVO becomes enforceable against the respondent. (3) A recognised FVO that is superseded ceases to be a recognised FVO. (4) A local FVO that is superseded is revoked. (5) An FVO is not superseded to the extent that it relates to a protected person who is not a protected person under the new FVO. (6) Accordingly, an FVO continues to be a recognised FVO, and to have effect, to the extent that it relates to a person who is not a protected person under the new FVO. (7) An FVO made by a police officer does not supersede a comparable FVO made by a court (of any jurisdiction).

(8) For this section, an FVO is comparable with another FVO if— (a) the FVOs are made against the same respondent; and (b) the FVOs are made for the protection of 1 or more of the same protected people.

123 Making new orders (1) Nothing in this part stops a person from applying for, or an issuing authority from making, a local FVO even though there is a recognised FVO in force that applies to the same respondent. (2) However, a police officer must not apply for a local FVO if the police officer is aware that there is already a recognised FVO that is enforceable against the respondent in relation to a protected person which— (a) applies to the same respondent and protected person; and (b) was made by a court of any jurisdiction. Subdivision 9.2.2 Enforcement of recognised FVOs

124 Recognised FVOs and amendments are enforceable against respondent (1) A recognised FVO, or a recognised amendment to a recognised FVO, is enforceable against the respondent in the ACT. (2) A recognised FVO that is a local FVO becomes enforceable against the respondent in the ACT when the respondent is properly notified of the making of the FVO under territory law. (3) A recognised FVO that is a non-local FVO (other than a foreign order) becomes enforceable against a respondent in the ACT when the respondent is properly notified of the making of the FVO under the law of the jurisdiction in which the FVO was made.

(4) A recognised FVO that is a foreign order becomes enforceable against a respondent in the ACT from the time it becomes a recognised FVO. (5) A recognised amendment to a recognised FVO becomes enforceable against the respondent in the ACT when the respondent is properly notified of the variation under the law of the jurisdiction in which the variation is done.

125 Contravention of enforceable recognised FVOs (1) A non-local FVO that is a recognised FVO and which is enforceable against a respondent in the ACT may be enforced in the ACT as if— (a) it were a local FVO; and (b) the respondent had been properly notified of the making of the FVO under territory law. (2) A recognised amendment to a non-local FVO that is a recognised FVO and which is enforceable in the ACT may be enforced in the ACT as if it were an amendment of a local FVO. (3) A recognised amendment to a recognised FVO made in another jurisdiction that is enforceable against the respondent in the ACT may be enforced as if the respondent had been properly notified of the variation under territory law. (4) This section does not affect the operation of the Criminal Code, part 2.7 (Geographical application). Note 1 The Criminal Code, pt 2.7 extends the application of a territory law that creates an offence beyond the territorial limits of the ACT (and Australia) if the required geographical nexus exists for the offence. Note 2 If a respondent contravenes a recognised FVO and has been punished for the contravention in another jurisdiction, the respondent is not liable to be punished for the contravention under this Act (see Legislation Act, s 191 (2)).

Subdivision 9.2.3 Enforcement of non-local FVOs

126 Non-local FVOs to be treated as local FVOs (1) A recognised FVO that is a non-local FVO has the same effect in the ACT as a local FVO. (2) A condition imposed by a non-local FVO has the same meaning as it would have in the jurisdiction in which the FVO was made, but may be enforced in the ACT as if it were a condition of a local FVO.

127 Licences, permits and other authorisations (1) A territory law (a relevant law) that restricts the grant of an authorisation, or that authorises or requires an authorisation to be suspended or revoked, if a person is or has been subject to a local FVO extends to a person who is or has been subject to any non-local FVO that is a recognised FVO (as if the non-local FVO were a local FVO). Note Under s 44 (Firearms licences) a respondent’s firearms licence is automatically suspended or cancelled if a family violence order is made. (2) For a relevant law— (a) a non-local FVO that is a final FVO must be treated in the same way as a local FVO that is a final FVO; and (b) a non-local FVO that is an interim FVO must be treated in the same way as a local FVO that is an interim FVO. authorisation includes a licence or permit. grant includes issue.

128 Recognition of disqualification to hold firearms licence (1) If a non-local FVO that is a recognised FVO disqualifies a person from holding a non-local firearms licence, or type of non-local firearms licence, the person is also disqualified from holding a local firearms licence or local firearms licence of the same type (as the case requires). (2) If the person is disqualified from holding a non-local firearms licence by a recognised FVO, the registrar of firearms must— (a) for an interim recognised FVO—suspend any local firearms licence held by the person; and (b) for a final recognised FVO—revoke any local firearms licence held by the person; and (c) refuse to issue a local firearms licence to the person. (3) A recognised FVO disqualifies a person from holding a non-local firearms licence or type of non-local firearms licence if the FVO expressly— (a) disqualifies the person from holding a non-local firearms licence or type of non-local firearms licence; or (b) revokes or requires the person to surrender a non-local firearms licence or type of non-local firearms licence held by the person. local firearms licence means a licence, permit or other authorisation under the Firearms Act 1996. non-local firearms licence means a licence, permit or other authorisation to possess a firearm (within the meaning of the Firearms Act 1996) issued under the law of another jurisdiction or country.

129 Recognition of disqualification to hold prohibited weapons permit (1) If a non-local FVO that is a recognised FVO disqualifies a person from holding a non-local weapons licence or type of non-local weapons licence, the person is also disqualified from holding a local prohibited weapons permit or local prohibited weapons permit of the same type (as the case requires). (2) The registrar of firearms must revoke any local prohibited weapons permit held by a person, or refuse to issue a local prohibited weapons permit to a person, if the person is disqualified from holding the non- local weapons licence by a recognised FVO. (3) A recognised FVO disqualifies a person from holding a non-local weapons licence or type of non-local weapons licence if the FVO expressly— (a) disqualifies the person from holding a non-local weapons licence or type of non-local weapons licence; or (b) revokes or requires the person to surrender a non-local weapons licence or type of non-local weapons licence held by the person. local prohibited weapons permit means a permit or other authorisation under the Prohibited Weapons Act 1996. non-local weapons licence means a licence, permit or other authorisation to possess a prohibited weapon (within the meaning of the Prohibited Weapons Act 1996) issued under the law of another jurisdiction or country.

Division 9.3 Amendment and revocation of recognised non-local FVOs

130 Costs—non-local FVO (1) A non-local FVO, to the extent that it requires the payment of money, cannot be enforced in the ACT. (2) The recognition of an FVO made in another jurisdiction does not confer power on an ACT court or tribunal to award costs in relation to a proceeding relating to the FVO that occurred in another (3) This section does not prevent a court or tribunal awarding costs in relation to a proceeding in the ACT relating to the amendment or revocation of a recognised FVO. Division 9.3 Amendment and revocation of recognised non-local FVOs 131 Meaning of court—div 9.3 court means an ACT court that has power to make local FVOs. 132 Power of court to amend or revoke recognised non-local FVOs (1) A court may amend or revoke a recognised FVO that is a non-local FVO in accordance with this division as if the FVO were a local FVO. (2) A court cannot amend or revoke a non-local FVO if it is a kind of FVO that cannot be amended or revoked by a court in the jurisdiction in which the FVO was made. (3) An amendment or revocation of a recognised FVO that is done under this division is not limited in its operation to the ACT. (4) To remove any doubt, if a court amends a recognised FVO that was made in another jurisdiction, the other jurisdiction continues to be treated, for this part, as the jurisdiction in which the FVO was made.

Amendment and revocation of recognised non-local FVOs Division 9.3

133 Application for amendment or revocation of recognised non-local FVO (1) An application for the amendment or revocation of a recognised FVO that is a non-local FVO may be made to a court as if it were an application for amendment or revocation of a local FVO by any person who would be able to make the application if the FVO were a local FVO. (2) An application— (a) must be made to a court that would have power to hear the application if the FVO were a local FVO; and (b) must be made in accordance with any requirement that would apply if the FVO were a local FVO; and (c) may be dealt with (subject to this division) as if the FVO were a local FVO.

134 Decision about hearing of application (1) A court that deals with an application for amendment or revocation of a non-local FVO may decide to hear or not hear the application. (2) In making the decision, the court may consider the following matters (to the extent relevant): (a) the jurisdiction in which the respondent and the protected person under the FVO generally live or are employed; (b) any difficulty the party responding to the application may have in attending the proceeding; (c) whether there is sufficient information available to the court in relation to the FVO and the basis on which it was made; (d) whether any proceeding is being taken in relation to an alleged contravention of the FVO and the jurisdiction in which the proceeding is being taken;

(e) the practicality of the applicant (if not the respondent under the FVO) applying for and obtaining a local FVO against the respondent with similar conditions; (f) the impact of the application on any child; (g) any other matters the court considers relevant. (3) Without limiting the court’s power to not hear an application, the court may not hear the application if the court is satisfied that there has been no material change in the circumstances on which the making of the order was based and that the application is in the nature of an appeal against the order. (4) For the purpose of exercising its functions under this division, a court may have regard to any information that the court considers relevant about the making or amendment of an FVO that is provided by an issuing authority of any other jurisdiction. Note Div 9.4 enables the court to obtain information about FVOs from other jurisdictions. (5) A court must refuse to hear an application for amendment or revocation made by the respondent during any period in which, under the law of the issuing jurisdiction for the FVO, the respondent is not entitled to apply for the amendment or revocation of the FVO in the issuing jurisdiction.

134A Applications for registration of foreign orders (1) A person may apply to the registrar for registration of a foreign order. (2) The application must be accompanied by the foreign order or a certified copy of the order.

Exchange of information Division 9.4

134B Registration of foreign orders (1) On receiving an application under section 134A, the registrar must register the foreign order. (2) If the registrar registers a foreign order, the registrar must— (a) give the chief police officer a copy of— (i) the application for registration; and (ii) the foreign order; and (b) tell the court that made the foreign order, in writing, that the order has been registered. Division 9.4 Exchange of information

135 Issuing authorities may obtain FVO information An ACT issuing authority may obtain information about an FVO from an issuing authority of another jurisdiction, or from a local or interstate law enforcement agency, and use that information for the purpose of exercising its functions under this part.

136 Issuing authorities must provide FVO information (1) An ACT issuing authority that makes, amends or revokes an FVO must provide to a court of any other participating jurisdiction any information about the FVO that the court reasonably requests for the purpose of exercising its functions under a corresponding law. (2) An ACT issuing authority that makes, amends or revokes an FVO must provide to a local or interstate law enforcement agency any information about the FVO that the law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.

137 Law enforcement agencies may obtain FVO information A local law enforcement agency may obtain information about an FVO from an issuing authority of this or another jurisdiction, or from an interstate law enforcement agency, and use that information for the purpose of exercising its law enforcement functions.

138 Information to be provided to law enforcement agencies A local law enforcement agency must provide to an interstate law enforcement agency any information it holds about an FVO that the interstate law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.

139 Certificate evidence—notification (1) An authorised officer for the ACT may issue a certificate in writing certifying any of the following matters: (a) that the making of a local FVO has been properly notified under territory law; (b) that an amendment of an FVO that was done in the ACT has been properly notified under the territory law. Note Under the Electronic Transactions Act 2001, s 8 (1) a certificate may be given electronically in certain circumstances. (2) The certificate is admissible in evidence in a proceeding and is evidence of the matters certified. (3) A certificate in writing purporting to be signed by an authorised officer of another jurisdiction and certifying any of the following matters is admissible in evidence in a proceeding and is evidence of the matters certified: (a) that the making of an FVO in that jurisdiction has been properly notified under the law of that jurisdiction;

(b) that an amendment of an FVO that was done in that jurisdiction has been properly notified under the law of that jurisdiction. (4) In a document, the words ‘authorised officer’ after a signature are evidence that the person whose signature it purports to be is in fact an authorised officer. (5) In this section: authorised officer— (a) of another jurisdiction, means a person (whether or not designated as an authorised officer) who is authorised under the law of another jurisdiction to issue a certificate certifying that the making or amendment of an FVO has been properly notified under the law of that jurisdiction; and (b) for the ACT, means— (i) a registrar of an ACT court; or (ii) a police officer for the ACT of or above the rank of sergeant. Division 9.6 Application of pt 9—existing protection orders Subdivision 9.6.1 Preliminary 140 Meaning of commencement day—div 9.6 commencement day means the day this part commences. 141 Enforcement of FVOs under other provisions (1) This part does not affect the enforceability in the ACT, otherwise than under this part, of— (a) any local FVO made before the commencement day; or

(b) any interstate FVO or foreign order registered in the ACT, before the commencement day, under the Domestic Violence and Protection Orders Act 2008 (repealed), part 12 (Reciprocal arrangements). (2) However, an FVO made in the ACT before the commencement day can be superseded under section 122 (Recognised FVO prevails over earlier comparable FVOs), on or after the commencement day, by a recognised FVO that is made later. Subdivision 9.6.2 FVOs to which scheme applies 142 FVOs made in the ACT Division 9.2 applies to any local FVO or foreign FVO that is made in the ACT on or after the day the Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Act 2016 (NSW) commences.

143 FVOs made in other jurisdictions (1) Division 9.2 applies to an FVO made in another participating jurisdiction that is a recognised FVO in that jurisdiction under the corresponding law for that jurisdiction. (2) To remove any doubt, section 119 (Recognition of FVOs) extends to the following FVOs: (a) any interstate FVO that was made in another participating jurisdiction before the commencement day that is a recognised FVO in that jurisdiction; (b) any foreign order that became a registered foreign order in another participating jurisdiction before the commencement day that is a recognised FVO in that jurisdiction.

(3) Section 120 and section 121 extend to any amendment or revocation of an FVO mentioned in subsection (2), that was done in a participating jurisdiction before the commencement day, as if the FVO were a recognised FVO. (4) However, a non-local FVO, and any amendment of a non-local FVO, does not become enforceable against the respondent in the ACT, under this part, until the commencement day (even if the making of the FVO, or amendment, was properly notified before that date). Subdivision 9.6.3 Extension of scheme to older FVOs

144 FVOs declared to be recognised FVOs (1) Each of the following FVOs is also taken to be a recognised FVO: (a) an FVO that is declared by a registrar of the Magistrates Court to be a recognised FVO in the ACT under subdivision 9.6.4; (b) an FVO that is declared by a registrar of a court of another participating jurisdiction to be a recognised FVO in that jurisdiction under a corresponding law. (2) A recognised FVO mentioned in subsection (1) becomes enforceable against the respondent in the ACT, under this part, when the declaration is made (despite section 124).

145 FVOs declared to be recognised in other jurisdictions before commencement day (1) To avoid any doubt, section 144 extends to an FVO declared by a registrar of a court of another participating jurisdiction to be a recognised FVO before the commencement day. (2) Section 120 and section 121 extend to any amendment or revocation of an FVO mentioned in subsection (1), that was done in a participating jurisdiction before the commencement day, as if the FVO were a recognised FVO.

(3) However, the FVO, and any amendment of the FVO, does not become enforceable against the respondent in the ACT, under this part, until the commencement day. Subdivision 9.6.4 Power to declare FVO to be recognised

146 Power to declare FVO to be recognised (1) The registrar of the Magistrates Court may, by order, declare an FVO made in any jurisdiction to be a recognised FVO in this (2) A declaration may be made in relation to an FVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised FVO in the ACT. (3) The jurisdiction in which the FVO was made does not have to be a participating jurisdiction. (4) The registrar must make a declaration under this section if an application for the declaration is made in accordance with this subdivision, unless the registrar decides to refuse to make the declaration in the interests of justice. (5) Without limiting subsection (4), the registrar may refuse to make the declaration if the registrar is not satisfied that the respondent has been properly notified of the making of the FVO under the law of the jurisdiction in which the FVO was made. Note Under s 144, the FVO becomes enforceable against the respondent when the declaration is made. Notice of the declaration is not to be served on the respondent unless the person making the application consents to service. (6) However, the registrar cannot declare a general violence order to be a recognised FVO in the ACT.

(7) Notice of a declaration is not to be served on the respondent unless the person who makes the application consents to service. Note Under s 118, a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders.

147 Application for order (1) An application for a declaration that an FVO is a recognised FVO in the ACT may be made by any person who would be able to make an application for an amendment of the FVO if the FVO were a recognised FVO. (2) The application must— (a) be made in a form approved by the registrar of the Magistrates Court; and (b) be accompanied by any information or evidence the registrar requires. Note It is only necessary to make an application in one participating jurisdiction. Under s 144, once a declaration is made in any participating jurisdiction the FVO will be treated as a recognised FVO in all participating jurisdictions.

148 Functions of registrar may be exercised by court A court with power to make a local FVO may exercise any of the functions of the registrar of the Magistrates Court under this subdivision.

149 Publication of reports about proceedings—offence (1) A person commits an offence if— (a) the person publishes (completely or partly) an account or report of a proceeding for a family violence order; and (b) the account or report— (i) identifies a party to the proceeding; or (ii) identifies a person who is related to, or associated with, a party to the proceeding or is, or is claimed to be, in any other way concerned in the matter to which the proceeding relates; or (iii) identifies a witness to the proceeding; or (iv) allows the identity of a person mentioned in subparagraph (i), (ii) or (iii) to be worked out. Maximum penalty: 10 penalty units. Note It is an offence under the Criminal Code, s 712A for a person to publish information that identifies someone else as a person who is or was a child or young person in a proceeding under this Act. proceeding, for a family violence order, includes a proceeding in relation to a declaration under section 116 (Meaning of family violence concern—pt 9). publish means communicate or distribute information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.

Miscellaneous Part 10 Other matters Division 10.2

150 Publication of reports about proceedings—exceptions to offence (1) Section 149 does not prevent— (a) a party to a proceeding for a family violence order from— (i) telling someone else about the contents of an order made in the proceeding; or (ii) giving someone else a copy of the order; or (b) the publication of an account or report of a proceeding for a family violence order if the publication is a permitted publication about proceedings mentioned in schedule 1, section 1.2. (2) A court may make an order allowing circulation of, or may permit the circulation of, information the publication of which would otherwise contravene section 149 only if satisfied that— (a) it is in the public interest; or (b) it will promote compliance with the family violence order; or (c) it is necessary for the proper operation of this Act.

151 Deciding application if criminal proceedings The power of a court or judicial officer to make, amend or revoke a family violence order in relation to a person may be exercised even if the person has been charged with, or convicted or found guilty of, an offence arising out of the same conduct as that out of which the application for the order arose. Note If the Magistrates Court is making an interim order and there is a related charge outstanding in relation to the respondent, the court must make a special interim order (see s 22 (1) (a)).

152 Criminal and civil liability not affected by family violence The making, amendment or revocation of a family violence order does not, except as provided by this Act, affect the civil or criminal liability of the respondent in relation to the same conduct as that out of which the application for the order arose.

153 Crimes Act, s 397 (1) This Act does not affect the operation of the Crimes Act 1900, section 397 (1) (which deals with the making of recognisances to keep the peace).

154 Working out time if less than 5 days If a period of less than 5 days is prescribed under this Act, the period is to be worked out ignoring any day when the Magistrates Court is not open for business.

155 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

Miscellaneous Part 10 Other matters Division 10.2

156 Review of Act (1) The Minister must— (a) review the operation and effectiveness of this Act as soon as practicable after the end of 3 years after this section commences; and (b) present a report of the review to the Legislative Assembly before the end of 4 years after this section commences. (2) This section expires 5 years after the day it commences.

Part 23 Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 211 Definitions—pt 23 child respondent means— (a) a child who is under 12 years old and a respondent in a proceeding for a protection order; or (b) a child against whom a family violence order was made when the child was under 12 years old. commencement day means the day the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023, section 108 commences. 212 Transitional regulations (1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023. (2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part. (3) A regulation under subsection (2) has effect despite anything elsewhere in this Act.

Ending action etc for family violence orders Division 23.2

213 Expiry—pt 23 This part expires 5 years after the commencement day. Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Division 23.2 Ending action etc for family violence

214 Application—div 23.2 This division applies, despite any territory law to the contrary, to a child respondent.

215 Enforcement action (1) Enforcement action carried out by a police officer before the commencement day in a proceeding for a family violence order against a child respondent ends on the commencement day. (2) If the enforcement action that ends under subsection (1) is arrest or police custody, the chief police officer must ensure that reasonable steps are taken to ensure the safety of the child respondent on the respondent’s release from arrest or custody. enforcement action means any of the following: (a) execution of a warrant; (b) arrest; (c) police custody. police custody includes detention under section 105 (After-hours orders—detention of person against whom order sought).

Division 23.2 Ending action etc for family violence orders

216 Family violence order procedures, proceedings etc (1) Each of the following is discontinued and ceases to have effect on the commencement day: (a) an application under section 16 for a protection order against a child respondent; (b) an application under section 83 for amendment of a protection order against a child respondent; (c) an application— (i) under section 87 for review of a special interim order against a child respondent; or (ii) under section 89 for review of a final order against a child (d) an application under section 91 for review of a consent order against a child respondent; (e) an application under section 101 for an after-hours order against a child respondent; (f) an application under section 133 for the amendment or revocation of a recognised FVO made against a child (g) an application under section 134A for registration of a foreign order made against a child respondent; (h) an application under section 147 that an FVO made against a child respondent is a recognised FVO in the ACT. (2) A warrant issued under section 54 for a child respondent is revoked and ceases to have effect on the commencement day. (3) If a child respondent is detained under section 105 (After-hours orders—detention of person against whom order sought)—the section ceases to apply and the child respondent is entitled to be at liberty on the commencement day.

Validity of past family violence order action Division 23.3 (4) Each of the following is discontinued on the commencement day: (a) a proceeding for a protection order against a child respondent; (b) a proceeding for an appeal against an appealable decision involving a child respondent. (5) A recognised FVO made against a child respondent is revoked on the commencement day. Division 23.3 Validity of past family violence order action

217 Meaning of family violence order action—div 23.3 family violence order action, in relation to a child respondent, includes any of the following: (a) making an application mentioned in section 216 (1); (b) arresting or detaining the respondent under this Act; (c) making, amending or revoking a family violence order against the respondent; (d) administering or enforcing a family violence order against the (e) making or enforcing a requirement for a person to pay costs in relation to a proceeding for a family violence order against the

Division 23.3 Validity of past family violence order action

218 Past lawful acts not affected The commencement of the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 does not affect the validity of family violence order action in relation to a child respondent done under a territory law before the commencement day.

219 Protection from liability (1) A person is not personally liable for any family violence order action in relation to a child respondent done or omitted to be done honestly and without recklessness before the commencement day— (a) in the exercise of a function under a territory law; or (b) in the reasonable belief that the act or omission was in the exercise of a function under a territory law. (2) Any liability that, apart from subsection (1), would attach to a person attaches instead to the Territory.

220 No entitlement to compensation etc A child respondent to a proceeding for a family violence order begun before the commencement day is not, because of the enactment of the Act 2023, entitled to compensation or damages as a result of any family violence order action in the proceeding.

General Division 24.1

Part 24 Transitional—Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023

Division 24.1 General

221 Definitions—pt 24 child respondent means— (a) a child who is under 14 years old and a respondent in a proceeding for a protection order; or (b) a child against whom a family violence order was made when the child was under 14 years old. commencement day means the day the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023, section 109 commences.

222 Transitional regulations (1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023. (2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part. (3) A regulation under subsection (2) has effect despite anything elsewhere in this Act.

Part 24 Transitional—Justice (Age of Criminal Responsibility) Legislation Division 24.2 Ending action etc for family violence orders 223 Expiry—pt 24 This part expires 5 years after the commencement day. Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88). Division 24.2 Ending action etc for family violence

224 Application—div 24.2 This division applies, despite any territory law to the contrary, to a child respondent.

225 Enforcement action (1) Enforcement action carried out by a police officer before the commencement day in a proceeding for a family violence order against a child respondent ends on the commencement day. (2) If the enforcement action that ends under subsection (1) is arrest or police custody, the chief police officer must ensure that reasonable steps are taken to ensure the safety of the child respondent on the respondent’s release from arrest or custody. enforcement action means any of the following: (a) execution of a warrant; (b) arrest; (c) police custody. police custody includes detention under section 105 (After-hours orders—detention of person against whom order sought).

Ending action etc for family violence orders Division 24.2

226 Family violence order procedures, proceedings etc (1) Each of the following is discontinued and ceases to have effect on the commencement day: (a) an application under section 16 for a protection order against a child respondent; (b) an application under section 83 for amendment of a protection order against a child respondent; (c) an application— (i) under section 87 for review of a special interim order against a child respondent; or (ii) under section 89 for review of a final order against a child (d) an application under section 91 for review of a consent order against a child respondent; (e) an application under section 101 for an after-hours order against a child respondent; (f) an application under section 133 for the amendment or revocation of a recognised FVO made against a child (g) an application under section 134A for registration of a foreign order made against a child respondent; (h) an application under section 147 that an FVO made against a child respondent is a recognised FVO in the ACT. (2) A warrant issued under section 54 for a child respondent is revoked and ceases to have effect on the commencement day. (3) If a child respondent is detained under section 105 (After-hours orders—detention of person against whom order sought)—the section ceases to apply and the child respondent is entitled to be at liberty on the commencement day.

Part 24 Transitional—Justice (Age of Criminal Responsibility) Legislation Division 24.3 Validity of past family violence order action (4) Each of the following is discontinued on the commencement day: (a) a proceeding for a protection order against a child respondent; (b) a proceeding for an appeal against an appealable decision involving a child respondent. (5) A recognised FVO made against a child respondent is revoked on the commencement day. Division 24.3 Validity of past family violence order action

227 Meaning of family violence order action—div 24.3 family violence order action, in relation to a child respondent, includes any of the following: (a) making an application mentioned in section 226 (1); (b) arresting or detaining the respondent under this Act; (c) making, amending or revoking a family violence order against the respondent; (d) administering or enforcing a family violence order against the (e) making or enforcing a requirement for a person to pay costs in relation to a proceeding for a family violence order against the

Validity of past family violence order action Division 24.3

228 Past lawful acts not affected The commencement of the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 does not affect the validity of family violence order action in relation to a child respondent done under a territory law before the commencement day.

229 Protection from liability (1) A person is not personally liable for any family violence order action in relation to a child respondent done or omitted to be done honestly and without recklessness before the commencement day— (a) in the exercise of a function under a territory law; or (b) in the reasonable belief that the act or omission was in the exercise of a function under a territory law. (2) Any liability that, apart from subsection (1), would attach to a person attaches instead to the Territory.

230 No entitlement to compensation etc A child respondent to a proceeding for a family violence order begun before the commencement day is not, because of the enactment of the Act 2023, entitled to compensation or damages as a result of any family violence order action in the proceeding.