96Explanation of final order

96 Explanation of final order S. 96(1AA) inserted by No. 19/2017 s. 19(1). (1AA) This section applies if the court makes a final order against a respondent who is an adult. (1) If the court makes a final order and the respondent or protected person (or both) are before the court, the court must explain to the respondent and the protected person (or whichever of them is before the court)— (a) the purpose, terms and effect of the final order, including the effect of the order on any firearms authority or weapons approval held by the respondent or weapons exemption which applies to the respondent; and (b) if the family violence intervention order prohibits the respondent living with, spending time with or communicating with the child, that prohibition; and (c) if the family violence intervention order includes a condition requiring arrangements between the protected person and respondent relating to a child living with, spending time with or communicating with the respondent to be in writing, that condition; and (d) the consequences and penalties that may follow if the respondent fails to comply with the terms of the final order; and S. 96(1)(da) inserted by No. 53/2016 s. 51. (da) that the final order may be enforced against the respondent in another State or a Territory under the **National Domestic Violence Order Scheme Act** **2016** and corresponding DVO recognition laws; and S. 96(1)(e) amended by No. 19/2017 s. 19(2)(a). (e) for the respondent, that the final order is a civil order of the court and the protected person cannot give permission to contravene the final order; and S. 96(1)(f) inserted by No. 19/2017 s. 19(2)(b) (f) how the final order interacts with a Family Law Act order or an order under the **Children, Youth and Families Act 2005**; and S. 96(1)(g) inserted by No. 19/2017 s. 19(2)(b). (g) if the court has varied, suspended, revoked or revived a Family Law Act order because it is inconsistent with the final order, the purpose, terms and effect of the variation or suspension. (2) An explanation under subsection (1) must be a clear oral explanation. S. 96(3) substituted by No. 19/2017 s. 19(3). (3) A written notice including the matters referred to in subsection (1), in the form prescribed by the rules, must— (a) be given to the protected person and respondent (or whichever of them is before the court) with a copy of the final order; or (b) otherwise, be given to the protected person or be served on the respondent, with the copy of the final order. S. 96(3A) inserted by No. 19/2017 s. 19(3), amended by No. 33/2018 s. 30(1). (3A) The written notice may include any additional information the court considers necessary to explain the final order. S. 96(4) substituted by No. 19/2017 s. 19(4). (4) A failure by the court to explain a final order in accordance with this section does not affect the validity of the final order. S. 96A inserted by No. 19/2017 s. 20.