91BMagistrate review of registrar decisions

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.