Personal Safety Intervention Orders Act 2010

The Act defines a range of key concepts. An "affected person" is a person the subject of an application for a personal safety intervention order to protect the person or the person's property, or a person seeking leave to make an application (section 4). A "respondent" is a person against whom an application or order has been made (section 4). A "protected person" is a person who is protected by a personal safety intervention order (section 4). "Safety" means safety from physical or mental harm (section 4), and "mental harm" includes grief, anxiety, distress, or trauma, and in the context of stalking includes psychological harm and suicidal thoughts (section 10(3)).

"Prohibited behaviour" encompasses assault, sexual assault, harassment, property damage or interference, and serious threats (section 5). "Assault" means the direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person, without lawful excuse, with intent or recklessness as to bodily injury, pain, discomfort, damage, insult, or deprivation of liberty, and resulting in any such consequence (section 6(1)). "Sexual assault" is an assault of a sexual nature (section 6(2)). "Harassment" means a course of conduct that is demeaning, derogatory, or intimidating, and includes conduct carried on by or through a third person (section 7). Examples given in the Act include making derogatory taunts about race, sexual orientation, or gender identity, sexual harassment, repeated telephone insults, and encouraging another child to taunt.

"Property damage or interference" means repeated, intentional damage to or destruction of any property of a person (including a pet), substantial interference with property (including withholding property), or threats to do so (section 8). Examples include withholding food or medication, preventing access to a wheelchair, or threatening to kill or injure a pet. A "serious threat" means a threat to kill within the meaning of section 20 of the Crimes Act 1958, or a threat to inflict serious injury within the meaning of section 21 of that Act (section 9). "Stalking" is defined in section 10 as engaging in a course of conduct with the intention of causing physical or mental harm (including self-harm) or arousing apprehension or fear for safety, and includes following, contacting by any means, publishing material online, unauthorised computer functions, tracing internet use, entering or loitering near a person's residence or workplace, interfering with property, making threats, using abusive words or acts, giving offensive material, keeping under surveillance, or acting in any other way that could reasonably be expected to cause harm or fear (section 10(1)(b)). The intention element can be satisfied if the first person knows engaging in such conduct would be likely to cause harm or fear, or ought to have understood that, and it actually did have that result (section 10(2)).

Other important definitions include "court" (the Magistrates' Court or Children's Court), "interim order", "final order", "personal safety intervention order" (which includes both interim and final orders), "exclusion condition", "firearms authority", "weapon", and "weapons approval" (section 4). The Act also defines "mediation assessment", "mediation direction", "mediation provider", and related terms in Division 2 of Part 3.

The Act affects a broad range of persons. The primary parties are "affected persons" (those seeking protection) and "respondents" (those against whom orders are sought or made). Applications can be made by the affected person themselves; if the affected person is an adult, any other person with their written consent; if the affected person is a child, a parent, or another person with the consent of a parent or with leave of the court; if the affected person is a child aged 14 or over, the child themselves with leave of the court; if the affected person has a guardian, the guardian or another person with leave of the court; or a police officer (section 15). A registrar of the Magistrates' Court must refuse to accept an application that is frivolous, vexatious, without substance, made in bad faith, has no reasonable prospect of success, is an abuse of process, or would be more appropriately dealt with by mediation (section 16A). This refusal does not apply to police applications or applications for variation, revocation, or extension (section 16A(2)).

The Act specifically addresses applications against children. If the respondent is a child under 12 years of age on the date the application is made, the court must not make a personal safety intervention order against the child, and any order made has no effect (section 18). This provision was strengthened by the Youth Justice Act 2024 transitional provisions which set aside existing orders against respondents who were 10 or 11 at the time of application (section 200) and require dismissal of pending applications against children who were 10 or 11 (section 201). For child respondents aged 12 or over, the Act imposes special conditions. The period of a final order against a child must not exceed 12 months unless there are exceptional circumstances (section 78). The court must consider the child's ability to understand and comply with the order (sections 35(4)(a), 61(2)(a)). Exclusion of a child respondent from a residence is subject to stringent criteria: the court must have regard to the desirability of minimising disruption to the protected person and any child living with them, continuity of care, education and employment of both sides, and must be satisfied the child will have appropriate alternative accommodation and care (section 71). For Aboriginal or Torres Strait Islander children, the court must prioritise placement within extended family or relatives and consider the need to keep culture and identity (section 71(4)).

The Act also affects schools, as conditions may prevent a respondent attending school, in which case the court must consider alternative education options and may request a report from the Department of Education (sections 74, 75). Mediation providers, dispute assessment officers, and mediators play a role in the dispute resolution framework (Division 2 of Part 3). Police officers have significant powers and duties: they can apply for orders, make applications by electronic communication, arrest for contravention without warrant (section 101), and enforce surrender of firearms and weapons (Part 5). The Secretary to the Department of Human Services and the Department of Education may be required to provide reports. The Act also applies to interstate and New Zealand orders through Parts 9.

The Act imposes a central duty on the respondent not to contravene a personal safety intervention order. Section 100 creates an offence for contravention, with a maximum penalty of level 7 imprisonment (2 years) or a level 7 fine (240 penalty units) or both. The offence applies only if the respondent has been served with a copy of the order or has had an explanation of the order given in accordance with sections 40 or 76. A police officer who believes on reasonable grounds that a person has contravened an order may arrest without warrant (section 101).

The court has a duty to explain the order to the respondent and protected person. For interim orders, the appropriate registrar must give a written explanation including the purpose, terms, effect, consequences of contravention, expiry, variation methods, and the process for deciding the final order, and must also give a clear oral explanation if the person is before the court (section 40). For final orders, the court itself must give a clear oral explanation and a written notice (section 76). Failure to explain does not affect validity (sections 40(6), 76(5)).

The court must enquire whether the respondent holds a firearms authority, weapons exemption, or weapons approval before making an order (section 68). It may include conditions suspending or cancelling these (section 69). The court must consider including conditions that will not prevent mediation occurring (section 66). The Act provides for a range of permissible conditions, including prohibiting prohibited behaviour or stalking, excluding the respondent from the protected person's residence, prohibiting contact, specifying distance limitations, prohibiting causing another person to engage in prohibited conduct, and suspending or cancelling weapons approvals or firearms authorities (section 67).

An affected person or applicant has the right to apply for an interim or final order. They also have the right to be heard separately in certain circumstances. If an application is made by a parent, guardian, or police officer and the affected person objects, at the hearing for the final order the views of the affected person must be heard separately from the views of the applicant (sections 46, 89). This can be through an independent legal representative. The Act also preserves the right to legal representation and to adjourn for legal advice (section 108).

The Act provides for mediation. The court may give directions requiring parties to attend a mediation assessment or mediation (section 26). If a personal safety intervention order would prevent mediation, the court must vary the conditions to enable it (section 27). Non-attendance at mediation does not constitute an offence or contempt (section 32), but the court may take into account the contents of mediation certificates and lack of attendance when deciding whether to make an order (section 33). Parties have the right to consent to or oppose orders; consent orders can be made without satisfaction of all grounds (section 64).

A respondent has the right to apply for variation or revocation but only with leave of the court. Section 86 requires that for interim orders, the court must be satisfied there has been a change in circumstances since the order was made, that the change may justify variation or revocation, and that it is in the interests of justice to determine the application immediately rather than waiting for the final hearing. For interim orders made in the respondent's absence, leave may be granted if it is in the interests of justice, and the court may set aside the order if there are exceptional circumstances, provided the application is made within 21 days of service (section 86(3)-(5)). A respondent may also apply for a rehearing of a final order if not personally served or if there are exceptional circumstances (section 99). Appeals against relevant decisions can be made to the County Court or Supreme Court (section 92), but there is no appeal against an interim order or refusal to make an interim order (section 91(2)(b)). The appeal is by way of rehearing (section 96). No further appeal lies except on jurisdictional error (section 97).

The primary offence is contravention of a personal safety intervention order under section 100. The penalty is level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both. This is a criminal offence, and a police officer may arrest without warrant if they believe on reasonable grounds that a contravention has occurred (section 101). The Act also creates an offence of making a false declaration of truth, punishable by 600 penalty units or 5 years imprisonment or both (section 110A). Knowingly certifying a document that is false carries a penalty of 120 penalty units (section 110(2)). Contravening a court order closing a proceeding or restricting publication under section 51 carries a penalty of 1000 penalty units or imprisonment for 3 months (section 51(3)). Unauthorised disclosure of information from an assessment report under section 60 carries a penalty of 10 penalty units (section 60(2)).

Enforcement powers are set out in Part 5. A police officer may, without warrant, enter and search any premises where they reasonably believe a person is in contravention of a personal safety intervention order, or with the express or implied consent of an occupier (section 114). Reasonable force may be used (section 114(2)). If a police officer is aware a person has a firearm, firearms authority, ammunition, or weapon, and an order has been made or there are grounds for making an order, the officer may direct the person to surrender the item (section 115). Failure to comply without lawful excuse is an offence: 60 penalty units for failure to surrender a firearm, 30 penalty units for other items (section 115(4)). A police officer may also search premises where the person resides or has resided, or premises where the prohibited behaviour occurred, or a vehicle registered in the person's name, without warrant, to search for firearms or weapons (section 116). Reasonable force may be used (section 116(3)). These powers are also available in respect of interstate orders and applications (sections 115(1)(a)(ii), 116(1)(a)(ii)), subject to additional requirements in section 116A.

Search warrants may be issued by a magistrate under section 117 on application by a police officer who believes on reasonable grounds that an offence against the Act is being committed or about to be committed, or that the person is in possession of a firearm, firearms authority, ammunition, or weapon at premises or a vehicle not otherwise searchable without warrant. The warrant must specify the offence suspected, the reason the search is necessary, the premises or vehicle, a description of items, conditions, time of entry, and the expiry date (not later than 7 days after issue) (section 117(3)). Announcement before entry is required unless immediate entry is necessary for safety or to prevent frustration of the warrant (section 118). A copy of the warrant must be given to the occupier or person in charge (section 119).

Seized or surrendered firearms, ammunition, or weapons are dealt with under sections 121 and 122. If a final order or corresponding interstate order is made, firearms and ammunition are to be returned if the person is declared not to be a prohibited person under the Firearms Act 1996 and the items are not required as evidence; otherwise they are forfeited to the Crown or disposed of (section 121(1)). Weapons are similarly dealt with (section 121(2)). If no final order is made, items are to be returned unless required for forfeiture under other Acts (section 122).

Arrest warrants may be issued by a magistrate or registrar for an adult respondent if necessary to ensure the safety of the affected person, to preserve property, or to ensure attendance at court (section 21). Bail under the Bail Act 1977 applies to a respondent arrested under a warrant (section 23). The court may also issue a warrant to arrest a witness who fails to appear (section 50, applying section 194 of the Evidence Act 2008).

The Act has a careful relationship with the Family Violence Protection Act 2008. If the respondent and affected person are family members, the court cannot make a final personal safety intervention order (section 61(1)(b)). The Act provides that a family violence intervention order prevails to the extent of any inconsistency with a personal safety intervention order (section 134(1)). Similarly, a recognised non-local DVO under the National Domestic Violence Order Scheme Act 2016 prevails (section 134(2), (3)). There are provisions for concurrent applications to be heard together (section 133). Division 2 of Part 8 deals with the situation where an application for a family violence intervention order is found to involve parties who are not family members; the court may strike out the application or continue to hear it as a personal safety intervention order application (section 136). In that case, any existing interim family violence intervention order must be revoked and an interim personal safety intervention order may be made (sections 142-145). Associated final orders under the Family Violence Protection Act 2008 are also converted (section 147). Search warrants and surrendered firearms under that Act are deemed to have been made under this Act (sections 139, 140).

Under section 62, the court must not make a final personal safety intervention order if there is an existing family violence intervention order or recognised non-local DVO for which the affected person is a protected person and the respondent is a respondent, or vice versa. However, an interim order can be made if there is an existing interim family violence intervention order where the respondent is the protected person and the affected person is the respondent (section 36(2)).

The Act interacts with the Firearms Act 1996 and Control of Weapons Act 1990 through sections 68, 69, and 127. The court may suspend or cancel firearms authorities, weapons exemptions, or weapons approvals as a condition of an order. No appeal lies under those Acts against such a decision, and the respondent may not apply under section 189 of the Firearms Act 1996 for a declaration that they are deemed not to be a prohibited person (section 127). The Act also provides for the surrender and seizure of firearms and weapons under Part 5.

Under section 128, the Children's Court is not required to have regard to the principles in Part 1.2 of Chapter 1 of the Children, Youth and Families Act 2005 when exercising jurisdiction under this Act. However, personal safety intervention orders prevail over child protection orders to the extent of any inconsistency (section 129(1)). The Children's Court may revoke or vary a personal safety intervention order if it is inconsistent with a child protection order it proposes to make, but only after giving notice and an opportunity to be heard (section 129(2), (3)). Notice of any inconsistent order must be given to the Secretary to the Department of Human Services (section 130).

In relation to sentencing orders, section 130A provides that if a personal safety intervention order is inconsistent with a residence restriction or exclusion condition, a place or area exclusion condition, or a curfew condition attached to a community correction order, the personal safety intervention order prevails to the extent of the inconsistency.

The Act also applies provisions from the Evidence Act 2008 and Evidence (Miscellaneous Provisions) Act 1958 to proceedings (section 47). The Magistrates' Court Act 1989 and rules made under it do not apply to proceedings under this Act, except for enforcement of costs orders (section 126). The Charter of Human Rights and Responsibilities is preserved (section 48(2)). The National Domestic Violence Order Scheme Act 2016 is relevant for recognition of interstate orders (definitions of non-local DVO and recognised DVO in section 4). Parts 9 provides for registration and enforcement of corresponding interstate orders and corresponding New Zealand orders.

The Act was originally enacted as No. 53 of 2010 and assented to on 7 September 2010. It came into operation in stages: sections 1-3 and other miscellaneous provisions on 1 December 2010, and the substantive provisions on 5 September 2011. It repealed the Stalking Intervention Orders Act 2008 (section 186). Since then, the Act has been amended by numerous Acts. Notable amendments include the Family Violence Protection Amendment (Safety Notices) Act 2011 (No. 16/2011) which amended sections 63 and 87 regarding police applicants and consent. The Crimes Amendment (Bullying) Act 2011 (No. 20/2011) expanded the definition of stalking to include making threats, using abusive or offensive words or acts, and a broader catch-all provision. The Children, Youth and Families Amendment Act 2013 (No. 52/2013) inserted section 104A giving the Children's Court jurisdiction over applications related to child protection proceedings even if all parties were adults. The Justice Legislation Amendment (Miscellaneous) Act 2013 (No. 77/2013) inserted definitions for interstate interim orders and expanded police powers to deal with interstate orders (sections 113A, 115, 116, 116A, 117). The Vexatious Proceedings Act 2014 (No. 42/2014) inserted definitions of acting in concert order, extended litigation restraint order, and litigation restraint order proceeding, and made consequential amendments.

The Family Violence Protection Amendment Act 2014 (No. 77/2014) amended the definition of publish, inserted section 125A allowing court to permit publication of locality, particulars, or picture, and made other changes. The National Domestic Violence Order Scheme Act 2016 (No. 53/2016) inserted definitions of non-local DVO and recognised DVO, and amended sections 36, 62, 133, 134, and 36 to accommodate the national scheme. The Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 (No. 33/2018) made substantial changes, including amendments to application procedures (sections 13, 38, 41, 86, 99), insertion of section 141A regarding Specialist Family Violence Court Division, and amendments to rules-making powers (sections 183, 184). The Justice Legislation Miscellaneous Amendment Act 2018 (No. 48/2018) amended section 130A regarding community correction orders. The COVID-19 Omnibus (Emergency Measures) Act 2020 (No. 11/2020) inserted Part 11A (since repealed), and the COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020 (No. 27/2020) made further changes. The Change or Suppression (Conversion) Practices Prohibition Act 2021 (No. 3/2021) amended examples in section 7. The Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 (No. 1/2022) inserted the declaration of truth provisions (sections 13, 110A), amended appeal routes (sections 92, 96), and inserted section 184A validating certain electronic applications made since 1 March 2020. The Justice Legislation Amendment Act 2022 (No. 20/2022) amended section 183 regarding rule-making. The Youth Justice Act 2024 (No. 32/2024) increased the minimum age of criminal responsibility and inserted transitional provisions in Part 13 Division 6 (sections 200-202) that set aside orders against 10-11 year olds and require dismissal of pending applications. The Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026 (No. 1/2026) amended sections 74, 75 regarding references to the Department of Education. The version currently incorporating amendments as at 11 February 2026 is Version No. 034.

The Act itself does not cite any decided cases. It provides a comprehensive internal appellate structure. Appeals against relevant decisions (orders or refusals to make orders) may be made to the County Court, or to the Trial Division of the Supreme Court if the decision was made by the Children's Court constituted by the President, or to the Court of Appeal if the decision was made by the Magistrates' Court or Children's Court constituted by the Chief Magistrate who is a dual commission holder (section 92). The appeal is by way of rehearing (section 96). The appellate court has broad powers to confirm, set aside, or vary the decision, and to make any order the original court could have made (section 96(2)). There is no further appeal except on jurisdictional error (section 97). Sections 95 and 97 are expressly intended to alter or vary section 85 of the Constitution Act 1975, which is the Supreme Court's traditional supervisory jurisdiction (section 182).

Respondents may also apply to the original court for a rehearing of a proceeding in limited circumstances: if the application was not personally served and not brought to the respondent's attention under substituted service, or if there are exceptional circumstances and a rehearing is fair and just (section 99). The court may rehear the matter if the grounds are established on the balance of probabilities. An application for rehearing does not stay the order (section 99(3)). If the applicant fails to attend and the application is struck out, they may reapply only with leave of the court (section 99(4)).

The Act provides for stays pending appeal. An appeal does not automatically stay the operation of the relevant decision, but the court that made the decision may grant a stay on application, and may impose bail conditions as if the appellant were an accused person being released on bail if necessary for the protection of a protected person or to require attendance at court for the appeal (section 94).

In terms of internal enforcement, the Act does not create a private right of action for damages. Costs are generally borne by each party, with exceptions for exceptional circumstances or where an application was vexatious, frivolous, or in bad faith (section 111). The court may award costs against an applicant in those circumstances. Enforcement of costs orders proceeds under Division 5 of Part 5 of the Magistrates' Court Act 1989 (section 126(2)).

No specific cases are named in the source, so none can be cited. Practitioners should be aware that published decisions on the Act from the County Court or Supreme Court may provide guidance on interpretation, but the Act itself does not reference any.

Several provisions create traps for the unwary. First, section 18 absolutely prohibits the court from making a personal safety intervention order against a child who was under 12 years of age on the date the application was made. Any order made against such a child has no effect. This is a strict jurisdictional bar, not subject to exception. Transitional provisions from the Youth Justice Act 2024 (sections 200-202) set aside existing orders against 10-11 year olds and require dismissal of pending applications. This means practitioners must verify the respondent's age at the date of application, not at the time of hearing.

Second, the interaction with family violence intervention orders is critical. A final order cannot be made if there is an existing family violence intervention order or recognised non-local DVO covering the same parties (section 62). An interim order is similarly barred if there is an existing family violence intervention order or recognised non-local DVO where both parties are covered (section 36(1)). However, an interim order can be made if the existing order is an interim family violence intervention order where the respondent is the protected person and the affected person is the respondent (section 36(2)). This complex interaction means applicants must check for existing orders under both Acts.

Third, police applicants face restrictions if the affected person does not consent. A final order made on a police application without the affected person's consent may include only conditions prohibiting prohibited behaviour, prohibiting stalking, prohibiting causing another person to engage in prohibited conduct, and revoking or suspending weapons approvals or firearms authorities (section 67(2)(a), (b), (f), (g), (h)). Exclusion from residence and contact prohibitions cannot be imposed without consent unless the affected person is a child with no adult affected person included, the adult affected person consents, the affected person has a guardian who consents, or the affected person is cognitively impaired (section 63).

Fourth, a respondent seeking to vary or revoke an order must first obtain leave. For interim orders, the court must be satisfied of a change in circumstances and that it is in the interests of justice to determine the application immediately rather than waiting for the final hearing (section 86(2)). For interim orders made in the respondent's absence, there is a special 21-day window to seek leave, and the court may set aside the order if there are exceptional circumstances (section 86(3)-(5)). This 21-day period can be extended if exceptional circumstances exist (section 86(5)).

Fifth, rehearings under section 99 are available only in narrow circumstances: if the application was not personally served and not brought to the respondent's attention under substituted service, or if there are exceptional circumstances and a rehearing is fair and just. This means a respondent who was properly served but failed to appear cannot easily obtain a rehearing.

Sixth, costs are generally not recoverable. Section 111 provides that each party bears their own costs, except in exceptional circumstances or where an application was vexatious, frivolous, or in bad faith. This is a significant departure from the usual civil costs rule. Practitioners should advise clients accordingly.

Seventh, publication restrictions under Part 6 are strict. Section 123 prohibits publishing a report of proceedings that identifies a child party, witness, or person subject to the order, or a picture of a child concerned in the proceeding, unless the court orders otherwise under section 125A. The court may allow publication only if it is in the public interest and just to do so, after considering the views of any parent or guardian of the child. Penalties are substantial: 100 penalty units or 2 years imprisonment for natural persons, 500 penalty units for bodies corporate.

Eighth, the Children's Court is not required to apply the principles of the Children, Youth and Families Act 2005 (section 128). This means the usual welfare and best interests principles do not apply in personal safety intervention order proceedings, even where the respondent or affected person is a child. However, the court must still consider the child's ability to understand and comply with the order (sections 35(4)(a), 61(2)(a)).

Ninth, the Act allows for electronic applications (section 13(3)), and a registrar cannot refuse an application from a police officer (section 16A(2)). However, for non-police applicants, a registrar may refuse if the application is frivolous, vexatious, without substance, or would be more appropriately dealt with by mediation. This is a gatekeeping function unusual in civil proceedings.

Tenth, the Act does not apply to conduct engaged in for law enforcement, administration of an Act, execution of warrants, or protection of public revenue (section 11). Additionally, the court cannot make a final order if the prohibited behaviour or stalking was engaged in without malice in the normal course of a lawful business, trade, profession, or enterprise; for the purpose of an industrial dispute; or for the purpose of engaging in political activities or discussion or communicating with respect to public affairs (section 61(4)). This creates a defence that may be relevant in disputes involving media, unions, or political activists.

Practitioners advising clients on personal safety intervention orders should follow these steps. For applicants, first determine whether the respondent and the affected person are family members. If they are, the application should be made under the Family Violence Protection Act 2008, not this Act. If they are not, the personal safety intervention order regime applies. Check that the respondent is not a child under 12 at the date of application; if so, no order can be made. Consider whether the matter is suitable for mediation. A registrar may refuse the application if it appears more appropriate for mediation, so it is prudent to consider mediation before filing.

The application must include the prescribed information and be made on oath or by affidavit, or in the case of a non-police applicant, by a declaration of truth (section 13). The declaration of truth must include the applicant's full name and date of birth, an acknowledgement that the content is true and correct to the best of the applicant's knowledge and belief, and an acknowledgement that making a false declaration is an offence with a penalty of 600 penalty units or 5 years imprisonment or both (section 13(4)). Applications may be made by telephone, fax, or other electronic communication (section 13(3)). Service must be arranged by the registrar as soon as practicable on the respondent and, if the applicant is not the affected person, on the affected person or their parent or guardian (section 19).

If the need for protection is urgent, the applicant may seek an interim order under section 35. The court must be satisfied on the balance of probabilities that an interim order is necessary to ensure the safety of the affected person or preserve property, and that it is appropriate in all the circumstances (section 35(1)). The application must be supported by oral evidence or an affidavit unless the requirement is waived, which may occur for police electronic applications after hours or if not practicable (section 38). An interim order may be made even if the respondent has not been served and is not present (section 37). The court will list a hearing for a final order as soon as practicable unless a mediation direction is given (section 42). The interim order expires when the final order is made or refused, or when revoked (section 43).

For the final hearing, the court must be satisfied on the balance of probabilities that the respondent has committed prohibited behaviour or stalking and is likely to continue or do so again, and that a reasonable person would fear for their safety (in the case of prohibited behaviour) or that stalking is likely to continue (section 61). The court must also be satisfied that the parties are not family members. The court has wide discretion to inform itself in any way it thinks fit, despite rules of evidence (section 47). Evidence may be given by affidavit or sworn statement, with leave for cross-examination (section 48). Children (other than applicants or respondents) must not give evidence without leave, which is granted only after considering the desirability of protecting children from unnecessary exposure to court (section 49). The court may close the proceeding to prevent undue distress or embarrassment (section 51).

If a final order is made, the court must explain it orally and provide a written notice (section 76). The court will specify the duration of the order. If the respondent is a child, the duration must not exceed 12 months unless exceptional circumstances exist (section 78). If no period is specified, the order remains in force until revoked or set aside on appeal (section 79). The court may include conditions, and must consider the possibility of mediation in deciding conditions (section 66). The court must enquire about firearms and weapons and may suspend or cancel authorities (sections 68, 69). For respondents who are students, the court must consider whether conditions would prevent school attendance and may request a report from the Department of Education (sections 74, 75). For child respondents, exclusion from residence requires careful consideration and a finding of appropriate alternative accommodation (section 71).

If the order is contravened, a police officer may arrest without warrant (section 101). The respondent can be charged under section 100 with an offence carrying up to 2 years imprisonment. The protected person cannot give permission to contravene the order; it is a civil order (sections 40(1)(d), 76(1)(c)). The order may be varied, revoked, or extended on application. A respondent needs leave to vary or revoke (section 86). A police officer can apply for variation or extension without the protected person's consent, but with limited conditions if the protected person does not consent (section 87). An extension requires satisfaction on the balance of probabilities that without extension the respondent is likely to re-offend (section 83). Interim extension orders may be made if the respondent has not been served (section 84). Appeals must be filed within 30 days of the decision (section 93(2)(c)). The appeal is to the County Court (or Supreme Court in limited circumstances) and is by way of rehearing (sections 92, 96). No further appeal except on jurisdictional error (section 97).