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
Page contents 3 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
Page contents 4 Personal Violence Act 2016 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
Page contents 5 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