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Personal Violence Act 2016
Subdiv 33.3 Special interim orders
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Subdivision 3.3.3 Special interim orders
24AC Special interim orders—ending 16
24AD Special interim orders—application not to be decided until related
charges finalised 16
24AE Special interim orders—final application decided 17
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24A Consent to interim order becoming final order 18
25 Consent orders 18
26 Final orders—grounds for making 20
27 Final orders—length 20
28 Safety of affected person paramount 21
29 Least restrictive principle 21
30 Conditions—personal protection orders 21
31 Exclusion conditions—personal protection orders 23
32 Conditions—workplace protection orders 24
33 Conditions—consent orders 24
34 Conditions may apply for shorter time than order 25
35 Offence—contravention of protection order 25
36 Interim orders—respondent’s firearms 25
37 Final orders—respondent’s firearms 26
38 Firearm licences—other conditions and orders 26
38A Protection order continues in force when protected person becomes
adult 27
Division 4.1 What Magistrates Court must do after receiving
application for protection order
39 Meaning of timing notice 28
40 Interim order not sought 28
41 Interim order sought 29
42 Service of application etc on others 31
43 Preliminary conferences—generally 31
44 Adjournment of preliminary conference for non-service 32
45 If no consent order at preliminary conference 32
46 Referrals to mediation 33
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47 Meaning of returned before the court—div 4.2A 33
48 Applicant not present at return of application 33
49 Respondent not present at return of application 34
49A Neither party present at return of application 34
53 Hearings usually in public 35
54 Public hearing not required 35
55 Closed hearings in special circumstances 35
55A Notice of grounds of defence 37
55B Applicant may rely on additional information in hearing 37
55C If child and child’s parent are affected people 38
55D Children as witnesses 38
56 Discontinuance 39
57 Admissibility of preliminary conference evidence 39
57A Giving evidence by affidavit for interim order 40
58 Undertakings by respondent 40
59 Court may inform itself 40
60 Explaining orders if respondent present 41
61 Explaining orders if protected person present 42
62 Reasons for order 43
63 Orders generally not to include protected person’s address 43
64A Personal service of application on respondent 43
64B Dismissal of application for non-service 44
64C Service of protection orders 44
64D Self-represented parties 45
64E Service of documents by police 46
64F Giving documents to child or child’s parent or guardian 46
64G Affidavit of service of documents by police 46
Division 4.5 Other procedural matters
65 Police officer party to proceeding for personal protection order—
substitution of applicant etc 47
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65A Request for further particulars 47
67 Costs 47
68 Meaning of impaired decision-making ability 48
69 Child respondents 49
70 Representation—party with impaired decision-making ability 49
71 Consent orders—party with impaired decision-making ability 50
72 Litigation guardian—appointment 51
73 Litigation guardian—powers 51
74 Litigation guardian—responsibilities 52
75 Litigation guardian—removal 52
76 Amendment of protection orders—who may apply 53
76A Amendment of protection orders—preliminary conferences 53
77 Amendment of protection orders 55
78 Final orders—temporary amendment 56
79 Interim orders made by consent—extension 56
80 Final orders—extension 56
80A Special interim orders—application for review 57
80B Special interim orders—review 57
81 Final orders—application for review 58
82 Final orders—review 59
83 Consent orders—review 59
83A Review of orders—preliminary conferences 60
83B Magistrate review of registrar decisions 62
84 Appealable decisions 63
85 Appeals to Supreme Court 63
87 Evidence on appeal 64
88 Powers of Supreme Court on appeal 64
89 Effect of filing appeal 64
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90 Definitions—pt 7 65
91 Recognised orders—applications for registration 65
92 Recognised orders—registration 65
93 Effect of registration 66
94 Registered orders—amendment 66
95 Registered orders—revocation 66
96 Recognised orders—amendment 67
97 Notification by interstate court of registration 67
98 Publication of reports about proceedings—offence 68
99 Publication of reports about proceedings—exceptions to offence 69
100 Effect of availability of workplace protection orders 69
101 Deciding application if criminal proceedings 70
102 Criminal and civil liability not affected by protection orders 70
103 Crimes Act, s 397 (1) 70
104 Working out time if less than 5 days 70
105 Regulation-making power 71
Part 23 Transitional—Justice (Age of Criminal
Responsibility) Legislation Amendment
Act 2023
210 Definitions—pt 23 72
211 Transitional regulations 72
212 Expiry—pt 23 73
Division 23.2 Ending action etc for personal protection orders
213 Application—div 23.2 73
214 Enforcement action 73
215 Protection order procedures, proceedings etc 74
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Division 23.3 Validity of past protection order action
216 Meaning of past protection order action—div 23.3 75
217 Past lawful acts not affected 75
218 Protection from liability 76
219 No entitlement to compensation etc 76
Part 24 Transitional—Justice (Age of Criminal
Responsibility) Legislation Amendment
Act 2023
Division 24.1 General
220 Definitions—pt 24 77
221 Transitional regulations 77
222 Expiry—pt 24 78
Division 24.2 Ending action etc for personal protection orders
223 Application—div 24.2 78
224 Enforcement action 78
225 Protection order procedures, proceedings etc 79
Division 24.3 Validity of past protection order action
226 Meaning of past protection order action—div 24.3 80
227 Past lawful acts not affected 80
228 Protection from liability 81
229 No entitlement to compensation etc 81
Schedule 1 Permitted publication about proceedings 82
1.1 Definitions—sch 1 82
1.2 Permitted publication about proceedings 82
Dictionary 84
1 About the endnotes 90
2 Abbreviation key 90
3 Legislation history 91
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4 Amendment history 93
5 Earlier republications 102
6 Expired transitional or validating provisions 103
7 Modifications of republished law with temporary effect 104
An Act to protect people from personal violence (other than family violence)
including personal violence in the workplace, and for other purposes