16ARegistrar must refuse to accept application

16A Registrar must refuse to accept application

(1) If an application for a personal safety intervention order is made to the Magistrates' Court, a registrar must refuse to accept the application for filing if the registrar is satisfied that—

(a) the application is frivolous, vexatious, without substance, made in bad faith, has no reasonable prospect of success or is an abuse of process; or

(b) the matter would be more appropriately dealt with by mediation.

(2) Subsection (1) does not apply to an application for a personal safety intervention order made by a police officer or an application for a variation, revocation or extension of a personal safety intervention order.

(3) In determining whether to refuse to accept the application, the registrar must consider—

(a) whether the matter has been assessed for mediation or has been the subject of attempted mediation, and the outcome of the assessment or mediation; and

(b) whether the applicant has made a report of the matter to police; and

(c) whether the matter is inappropriate for mediation, having regard to any guidelines issued under subsection (4); and

(d) any other relevant matter.

(4) The Attorney-General may issue guidelines relating to matters to which registrars must have regard in determining whether to refuse to accept an application.

(5) Any guidelines issued under this section must be published on the Internet site of the Department of Justice.

(6) On the application of a person whose application has been refused under subsection (1), the Magistrates' Court may direct the registrar to accept the application for filing.