Section 1 - Prostitution (Restraining Orders) Regulations 2000 - Prostitution (Restraining Orders) Regulations 2000

1Prostitution (Restraining Orders) Regulations 2000

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CrestWestern Australia

Prostitution Act 2000

Prostitution (Restraining Orders) Regulations 2000

Western Australia

Prostitution (Restraining Orders) Regulations 2000

Contents

Citation 1
Commencement 1
Forms 1
Affidavit 1
Orders under section 37 1
Service of applications 2
Service of restraining orders 2
Notification 2

Schedule 1 — Forms

Notes

Compilation table 39

Western Australia

Prostitution Act 2000

Prostitution (Restraining Orders) Regulations 2000

1. Citation

These regulations may be cited as the Prostitution (Restraining Orders) Regulations 2000.

2. Commencement

These regulations come into operation on the day on which the Prostitution Act 2000 comes into operation.

3. Forms

(1) The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.

(2) It is sufficient compliance with the Act if a form substantially in compliance with the prescribed form is used.

4. Affidavit

An affidavit accompanying an application for leave to apply to vary or cancel a restraining order is to be sworn before a justice.

5. Orders under section 37

(1) When a court makes a restraining order under section 37 of the Act the court is to make a written record of the proceedings in the prescribed form and cause the form to be placed on the court records.

(2) For the purposes of section 42 of the Act, when a court makes a restraining order under section 37 of the Act, the order is taken to have been made on the application of the Commissioner of Police.

6. Service of applications

(1) A person making an application under section 38 of the Act for a restraining order must cause a copy of the application to be served on the person sought to be restrained.

(2) A person making an application under section 42 of the Act to vary or cancel a restraining order must cause a copy of the application to be served on —

(a) if the application is made by a police officer, the restrained person; or

(b) if the application is made by the restrained person, the person on whose application the restraining order was made.

Form	Title	Section
1	Application for prostitution restraining order<br> Court copy (front and back)<br> Applicant’s copy<br> Copy for person to be restrained<br> Proof of service copy (front and back)	38
2	Prostitution restraining order under section 37 Record of proceedings<br> Court copy	37
3	Prostitution restraining order<br> Court copy<br> Respondent’s copy (front and back)<br> Police copy (front and back)<br> Proof of service copy (front and back)	40
4	Application for leave to apply to vary or cancel a prostitution restraining order<br> Court copy (front and back)<br> Restrained person’s copy (front and back)<br> Respondent’s copy<br> Proof of service copy (front and back)	42
5	Affidavit in support of application for leave to apply vary or cancel a prostitution restraining order	42
6	Application to vary or cancel a prostitution restraining order<br> Court copy (front and back)<br> Copy for person applying to vary or cancel<br> Other party’s copy	42

Prostitution Act 2000 Application for a prostitution restraining order
	Jurisdiction ❒ Magistrates Court<br> ❒ Children’s Court
	Location

Applicant	Name on behalf of the Commissioner of Police
	Regimental no.
	Police station/division
	Phone no.

Person to be restrained<br>(Fill in as many details as known)	Family name				Date of birth
	Other names
	Home street<br>address suburb postcode
	Work location<br>Address street<br> Suburb postcode
	Phone nos. work home

Grounds for application	I suspect that the person to be restrained —<br>❒ has committed an offence in a public place<br>❒ intends to commit an offence in a public place
	Offence
	Public place

Directions given under s. 26 of Act	Date	Given by (name & regimental no.)		Given at (place)




Applicant	Signature					Date

Hearing<br>(To by filled in by the court)	Court		Date			Time
	Signature of registrar

Prostitution Act 2000 Application for a prostitution restraining order
	Jurisdiction ❒ Magistrates Court<br> ❒ Children’s Court
	Location

Applicant	Name on behalf of the Commissioner of Police
	Regimental no.
	Police station/division
	Phone no.

Person to be restrained<br>(Fill in as many details as known)	Family name				Date of birth
	Other names
	Home street<br>address suburb postcode
	Work location<br>Address street<br> Suburb postcode
	Phone nos. work home

Grounds for application	I suspect that the person to be restrained —<br>❒ has committed an offence in a public place<br>❒ intends to commit an offence in a public place
	Offence
	Public place

Directions given under s. 26 of Act	Date	Given by (name & regimental no.)		Given at (place)




Applicant	Signature					Date

Hearing<br>(To by filled in by the court)	Court		Date			Time
	Signature of registrar

Prostitution Act 2000 Application for a prostitution restraining order
	Jurisdiction ❒ Magistrates Court<br> ❒ Children’s Court
	Location

Applicant	Name on behalf of the Commissioner of Police
	Regimental no.
	Police station/division
	Phone no.

Person to be restrained<br>(Fill in as many details as known)	Family name				Date of birth
	Other names
	Home street<br>address suburb postcode
	Work location<br>Address street<br> Suburb postcode
	Phone nos. work home

Grounds for application	I suspect that the person to be restrained —<br>❒ has committed an offence in a public place<br>❒ intends to commit an offence in a public place
	Offence
	Public place

Directions given under s. 26 of Act	Date	Given by (name & regimental no.)		Given at (place)




Applicant	Signature					Date

Hearing<br>(To by filled in by the court)	Court		Date			Time
	Signature of registrar

Prostitution Act 2000 Application for a prostitution restraining order
	Jurisdiction ❒ Magistrates Court<br> ❒ Children’s Court
	Location

Applicant	Name on behalf of the Commissioner of Police
	Regimental no.
	Police station/division
	Phone no.

Person to be restrained<br>(Fill in as many details as known)	Family name				Date of birth
	Other names
	Home street<br>address suburb postcode
	Work location<br>Address street<br> Suburb postcode
	Phone nos. work home

Grounds for application	I suspect that the person to be restrained —<br>❒ has committed an offence in a public place<br>❒ intends to commit an offence in a public place
	Offence
	Public place

Directions given under s. 26 of Act	Date	Given by (name & regimental no.)		Given at (place)




Applicant	Signature					Date

Hearing<br>(To by filled in by the court)	Court		Date			Time
	Signature of registrar

Certificate of service

Officer serving application	Name
	Regimental no.
	Police station/division

Service	Method of service ❒ personal ❒ by post
	Place where order served
	Date of service	Time of service

Person served<br>(If possible to obtain)	Name
	Address street<br> Suburb postcode
	Signature

Certificate	I certify that on the day and at the time and place set out above<br> ❒ I personally served this application on the person to be restrained<br> ❒ I sent this application by prepaid registered post to the person to be restrained at the address set out above<br>in accordance with the Prostitution (Restraining Orders) Regulations 2000.
	Signature		Date

Prostitution Act 2000 Prostitution restraining order
	Jurisdiction ❒ Magistrates Court<br> ❒ Children’s Court<br> ❒ Other ______________
	Location

Restrained person	Family name			Date of birth
	Other names
	Home street<br>address suburb postcode
	Work street<br>Address suburb postcode
	Phone nos. work home

Terms of the order

Order made	Date	Time

Registrar	Signature		Date

Certificate of service

Officer serving order	Name
	Regimental no.
	Police station/division

Service	Method of service ❒ personal ❒ oral ❒ substituted
	Place where order served
	Date of service	Time of service

Person served<br>(If possible to obtain)	Name
	Address street<br> Suburb postcode
	Signature

Certificate	I certify that on the day and at the time and place set out above<br> ❒ I personally served this order on the restrained person<br> ❒ I orally served this order on the restrained person<br> ❒ I took the steps directed by the court to effect substituted service of this order on the restrained person<br>in accordance with the Prostitution (Restraining Orders) Regulations 2000, and in the case of oral service I also certify that the restrained person appeared to understand what was said.
	Signature		Date

Prostitution Act 2000 Application for leave<br>to apply to vary or cancel<br>a prostitution restraining<br>order
	Jurisdiction ❒ Court of Petty Sessions<br> ❒ Children’s Court
	Location

Restrained person	Family name
	Other names
	Address street<br> Suburb postcode
	Phone nos. work home

Restraining order	Date order was made
	Restraining Order no.

Substantial changes	What circumstances have substantially changed since the order was made?

Variation or cancellation	Do you want the order to be ❒ cancelled ❒ varied<br>If varied, what do you want changed?

Grounds for variation or cancellation	Why do you want the restraining order varied or cancelled?

Person applying for leave	Signature		Date

Hearing<br>(To be filled in by the court)	Court	Date		Time
	Signature of registrar

Certificate of service

Person serving application	Name
	Home street<br>address suburb postcode

Service	Method of service ❒ personal ❒ by post
	Place where order served
	Date of service	Time of service

Person served<br>(If possible to obtain)	Name
	Regimental no.
	Police station/division
	Signature

Certificate	I certify that on the day and at the time and place set out above<br> ❒ I personally served this application on the person named above<br> ❒ I sent this application by prepaid registered post to the person named above at the police station/division referred to above<br>in accordance with the Prostitution (Restraining Orders) Regulations 2000.
	Signature		Date

Prostitution Act 2000 Affidavit in support of application for leave to apply to vary or cancel a prostitution restraining order
	Jurisdiction<br> ❒ Magistrates Court<br> ❒ Children’s Court
	Location

Person making affidavit	Family name	Date of birth
	Other names
	Home street<br>address suburb postcode

Affidavit<br>NOTE You must set out ALL the relevant circumstances — this includes things that may go against your application as well as those that support it.<br>(Add extra pages if required)	I make oath and swear that since the restraining order was made the relevant circumstances have changed as follows —<br>1.<br>2.<br>3.<br>4.<br>5.<br>6.

Sworn before a Justice of the Peace	Signature<br> Date
	Justice of the Peace<br> Signature<br> Name

Citation	Gazettal	Commencement
Prostitution (Restraining Orders) Regulations 2000	28 Jul 2000 pp.4067-100	29 Jul 2000 (see regulation 2 and Gazette 28 Jul 2000 p.3987)
Prostitution (Restraining Orders) Amendment Regulations 2007 2	31 Jul 2007 p. 3799	r. 1 and 2: 31 Jul 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b))

1Prostitution (Restraining Orders) Regulations 2000

Get a plain-English read of 1

1. Citation

2. Commencement

3. Forms

4. Affidavit

5. Orders under section 37

6. Service of applications

7. Service of restraining orders

8. Notification