60CCourt may make interim order on its own motion in a criminal proceeding

60C Court may make interim order on its own motion in a criminal proceeding S. 60C(1) amended by No. 1/2026 s. 4(1). (1) Subject to subsection (4), a court hearing a criminal proceeding may make an interim order against a relevant party to protect a family member of the relevant party if the court is satisfied, on the balance of probabilities, that the interim order is necessary to ensure the safety of the family member pending a decision about a final order. (2) A court may make an interim order under this section on its own motion. (3) The court may make an interim order under subsection (1)— S. 60C(3)(a) amended by No. 5/2025 s. 58. (a) at any stage of the criminal proceeding, including during any trial, any sentencing hearing or any appeal; and S. 60C(3)(b) amended by No. 1/2026 s. 4(2). (b) whether or not the relevant party is found guilty of the offence; and (c) whether or not the charge is withdrawn or the prosecution of the offence is discontinued. S. 60C(4) amended by No. 1/2026 s. 4(3). (4) The court must not make an interim order to protect a family member of the relevant party if— S. 60C(4)(a) amended by No. 1/2026 s. 4(3). (a) there is an existing family violence intervention order that protects that family member of the relevant party from the relevant party; or S. 60C(4)(b) amended by No. 1/2026 s. 4(3). (b) an application for a family violence intervention order that protects that family member of the relevant party from the relevant party has been made but not finally determined. S. 60D inserted by No. 33/2018 s. 22.