40Explanation of interim order

40 Explanation of interim order (1) If a court makes an interim order, the appropriate registrar of the court must give the respondent and the protected person a written explanation of the order, in the prescribed form, that explains the following matters— (a) the purpose, terms and effect of the interim order; (b) the consequences and penalties that may follow if the respondent fails to comply with the terms of the interim order; (c) when the interim order expires and the means by which the interim order may be varied; (d) that the interim order is a civil order of the court and the protected person cannot give permission to contravene the interim order; (e) the process for deciding the final order. (2) A written explanation under subsection (1) may be accompanied by written information about any relevant services that may be available to the protected person or respondent, including counselling services, drug and alcohol services, disability services, financial counselling services, mental health services and advocacy services. (3) If the court has given a mediation direction, a written explanation under subsection (1) must be accompanied by written information about mediation assessments and mediation. (4) A written explanation under subsection (1) and any additional information under subsections (2) and (3) must be— (a) if the protected person or respondent is before the court, given to the protected person or respondent and accompanied by a clear oral explanation of the matters contained in the explanation and any additional information; and (b) if the protected person or respondent is not before the court, served on the protected person or respondent and accompanied by any additional information the court considers necessary to explain the interim order. (5) Despite subsection (4)(a), the appropriate registrar is not required to give the protected person or respondent an oral explanation if the registrar is satisfied that, on making the order, the magistrate gave the protected person or respondent a clear oral explanation of the matters set out in subsection (1) and any additional information under subsections (2) and (3). (6) A failure by the appropriate registrar to explain an interim order in accordance with this section does not affect the validity of the interim order. (7) A failure by the appropriate registrar to provide information about mediation assessments and mediation in accordance with this section does not affect the validity of the mediation direction. S. 41 (Heading) amended by No. 33/2018 s. 75(1). S. 41 amended by No. 33/2018 s. 75(2).