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Personal Violence Act 2016
25Consent orders
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25 Consent orders
(1) On application for a final order, the Magistrates Court may make an
interim or final order with the consent of the parties to the proceeding.
Consent orders Division 3.4
(2) The order may be made—
(a) whether or not the parties have attended, or any party has
attended, before the Magistrates Court in relation to the
application; and
(b) whether or not any ground for making the order has been made
out; and
(c) whether or not the court has considered the matters mentioned
in section 11; and
(d) without proof or admission of guilt.
Note Sections 60 and 61 apply to require the Magistrates Court to explain the
order intended to be made under this section if the party to the order is
(3) Before making a final order under this section, the Magistrates Court
may conduct a hearing in relation to the particulars of the application
if the court is satisfied it is in the interests of justice to do so.
(4) If an automatic consequence flows from the making of a kind of order
and an order of that kind is made under this section, the automatic
consequence flows from the making of the order unless—
(a) this Act allows a discretion for the automatic consequence not
to flow from the making of an order of that kind; and
(b) the parties consent to the automatic consequence not flowing
from the making of the order.
(5) However, this section does not allow the Magistrates Court to make
a protection order—
(a) that may not otherwise be made under this Act; or
(b) for a period other than a period for which the order may be made;
or
Note Section 21 limits the length of a general interim order.
(c) if section 71 (Consent orders—party with impaired
decision-making ability) applies.