ACTIn ForceAct
Personal Violence Act 2016
Sch 1Permitted publication about proceedings
Start here
Get a plain-English read of Sch 1
Turn the raw legal text into a practical explanation grounded in Personal Violence Act 2016.
Schedule 1 Permitted publication about proceedings
Section 1.1
Schedule 1 Permitted publication about
proceedings
(see s 99 (1) (b))
1.1 Definitions—sch 1
In this schedule:
authorised person under the Children and Young People Act 2008—
see the Children and Young People Act 2008, section 26.
care and protection chapters—see the Children and Young People
Act 2008, section 336.
1.2 Permitted publication about proceedings
Table 1.2
column 1
item
column 2
permitted publication about proceedings
1 information circulated in accordance with—
(a) an order of the Magistrates Court; or
(b) the written permission of a magistrate
2 information given to a criminal justice entity under the Crimes (Sentencing)
Act 2005, section 136 (Information exchanges between criminal justice
entities)
3 information given to the director-general in relation to the exercise of the
director-general’s functions
4 information given to the director-general responsible for, or an authorised
person under, the Children and Young People Act 2008 to allow the
director-general to exercise the director-general’s powers under the care and
protection chapters of that Act
5 information given to the public advocate in relation to the exercise of the public
advocate’s functions
Permitted publication about proceedings Schedule 1
Section 1.2
column 1
item
column 2
permitted publication about proceedings
6 a pleading, transcript of evidence or other document communicated to—
(a) people concerned with any other proceeding in a court or tribunal for
use in relation to that proceeding; or
(b) people concerned with the disciplinary proceeding of a lawyer, for use
in relation to that proceeding; or
(c) an entity that grants legal aid, to help decide whether to provide legal
aid in a particular case
7 matter published in law reports or other technical or professional publications
8 matter given to someone in relation to the person’s professional practice
9 information about a party to a proceeding, or a protection order made in the
proceeding, communicated to another person, with the party’s permission, for
the purpose of organising the party’s personal affairs
(see s 3)
Note The Legislation Act contains definitions relevant to this Act.
For example:
• adult
• breach
• chief police officer
• child
• contravene
• director of public prosecutions
• lawyer
• magistrate
• Magistrates Court
• may (see s 146)
• must (see s 146)
• parent
• police officer
• proceeding
• public advocate
• registrar
• registrar of firearms
• Supreme Court.
affected person means—
(a) in relation to personal violence at a workplace—the following
people against whom personal violence has been, or is likely to
be, committed:
(i) an employee at the workplace;
(ii) the employee’s employer;
(iii) any other person in the workplace; or
(b) in relation to other personal violence—a person against whom
personal violence has been, or is likely to be, committed.
Note Personal violence does not include family violence which is dealt with
under the Family Violence Act 2016 (see s 8 (2)).
amend, a protection order, includes amend the order by—
(a) adding further conditions, prohibitions or restrictions to the
order or amending or deleting conditions, prohibitions or
restrictions; or
(b) extending or reducing the period for which the order remains in
force.
ammunition—see the Firearms Act 1996, dictionary.
appealable decision means a decision mentioned in section 84.
application, for a protection order, means an application for a final
Note 1 The court may make an interim order on an application for a final order
(see s 17). No separate application for an interim order is required.
Note 2 As a protection order includes an order amending a protection order (see
def protection order), an application for a protection order includes an
application to amend a protection order.
authorised person, for schedule 1 (Permitted publication about
proceeding)—see schedule 1, section 1.1.
care and protection chapters, for schedule 1 (Permitted publication
about proceeding)—see schedule 1, section 1.1.
child, of a person, includes—
(a) a child who normally lives with the person; and
(b) a child for whom the person is a guardian.
Note A child is someone under 18 years old (see Legislation Act, dict, pt 1).
consent order means a protection order made under section 25.
copy, in relation to a document to be served in a proceeding, means—
(a) if the document has been entered into the record of the
Magistrates Court—a true copy sealed or stamped with the seal
of the court; or
(b) in any other case—a true copy.
disability guardian, of a person—see the Guardianship and
Management of Property Act 1991, dictionary, definition of
guardian.
employee means an individual engaged by someone—
(a) under a contract of service; or
(b) under a contract for services; or
(c) under an apprenticeship; or
(d) under an approved training contract under the Training and
Tertiary Education Act 2003; or
(e) to work for the person as a volunteer.
employer means someone who engages an individual—
(a) under a contract of service; or
(b) under a contract for services; or
(c) under an apprenticeship; or
(d) under an approved training contract under the Training and
Tertiary Education Act 2003; or
(e) to work as a volunteer.
family violence—see the Family Violence Act 2016, section 8.
final order means a protection order that is not an interim order, and
includes an order amending a final order.
firearm—see the Firearms Act 1996, section 6.
firearms licence—see the Firearms Act 1996, dictionary, definition
of licence.
general interim order—
(a) means a protection order (including a consent order) made under
section 19 (Interim orders—general interim orders and special
interim orders); and
(b) includes an order (other than a final order) that amends or
revokes a general interim order.
impaired decision-making ability—see section 68.
interim order means—
(a) a general interim order; or
(b) a special interim order.
litigation guardian, of a person, means a person appointed in
accordance with section 72.
personal protection order means an interim or final order other than
a workplace protection order.
personal violence—see section 8.
Note Personal violence does not include family violence (see s 8 (3)).
proceeding, for a protection order, includes a proceeding to review
the order under part 6.
Note As a protection order includes an order amending a protection order (see
def protection order), a proceeding for a protection order includes a
proceeding to amend the order.
protected person means the person protected under a protection
protection order—
(a) means—
(i) an interim personal or workplace protection order; or
(ii) a final personal or workplace protection order; and
(b) includes—
(i) an order about the seizure of a firearms licence, firearm or
ammunition; and
(ii) an order amending a protection order, including an order
for a temporary amendment under section 78.
recognised court, for part 7 (Reciprocal arrangements)—see
recognised order, for part 7 (Reciprocal arrangements)—see
registered order, for part 7 (Reciprocal arrangements)—see
related—a charge against a person for an offence is related to an
application for a final order and, if an interim order is made on the
application, an interim order if—
(a) the person charged is the respondent to the application; and
(b) the offence is against the affected person.
respondent means a person—
(a) in relation to whom an application for a protection order has
been made; or
(b) against whom a protection order has been made.
return date, for an application for a protection order or review of a
protection order, means the day fixed by the Magistrates Court for
return of the application before the court.
returned, in relation to an application for a protection order, for
division 4.2A (Non-attendance by party)—see section 47.
revoke includes cancel.
special interim order—
(a) means a protection order (including a consent order) made under
section 19 (Interim orders—general interim orders and special
interim orders); and
(b) includes an order (other than a final order) that amends or
revokes a special interim order.
timing notice, for a preliminary conference—see section 39.
workplace protection order means an interim or final order
restraining a person from personal violence in relation to a workplace.
Note See s 8 (2) for the meaning of personal violence by a person in relation
to a workplace.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.