Restraining Orders Act 1997

Restraint types and thresholds

• FVRO (family violence restraining order): directed at persons in a family relationship where family violence has occurred or is reasonably apprehended (s 5A; s 10D). The court must make an FVRO if satisfied the statutory tests unless “special circumstances” make it inappropriate (s 10D(2)-(3)).
• VRO (violence restraining order): directed at personal violence between persons not in a family relationship, where the respondent has committed or is likely to commit personal violence, and making a VRO is appropriate (ss 6, 11A).
• MRO (misconduct restraining order): for intimidating/offensive behaviour, property damage, breach of the peace risks, or certain animal‑welfare‑related offences; applicable where parties are not in a family relationship (ss 34-35A).

Interim vs final orders and entry into force

• Interim orders can be made by telephone, ex parte or in a respondent’s absence under specified processes (Div 2 and Div 4 procedures). Interim orders become final either by process (s 32) or after hearings (ss 29, 32-33).
• Orders generally come into force on service on the person bound by the order (s 16(1)); telephone/police orders have specific 24‑hour/72‑hour service and lapse rules (ss 16(2), 30F(1)(a), 16(4)).

Restraints and scope

• Courts may impose broad restraints on lawful activities and behaviour, including exclusion from premises, proximity limits, communication bans, prevention of denial of access to needed personal property, restraints on stalking and cyber‑stalking, and prohibitions on distributing intimate images (ss 10G(1)-(4); 13(1)-(4); 36(1)-(3)).
• Orders may restrict access to legally‑owned places or property even if the respondent has legal or equitable rights (ss 10G(4), 13(4), 36(5)).
• Firearms and explosives: every FVRO or VRO includes a restraint against possession or obtaining firearms authorisations; courts must consider explosives restraints and may permit conditional possession (ss 14, 14A).

Behaviour management pathway (FVROs)

• After a final FVRO, courts may make an eligibility assessment order requiring an approved assessor to report and the respondent to attend an eligibility interview (ss 10L(1)-(4)); if eligible, the court must make a behaviour change order requiring attendance at an approved behaviour change programme unless impracticable or inappropriate (s 10M(1)-(3)).
• Ministerial role: the Minister approves eligibility assessors and behaviour change programmes, specifies providers, and must make lists available to courts (s 10P(1)-(4)).
• Non‑compliance with assessment or programme attendance is an offence with a fine of $1,000 (ss 10L(5), 10M(4)-(6)).

Police powers, duties and procedural tools

• Police may make police orders where family violence is reasonably suspected and urgent intervention is required; those orders last up to 72 hours and must be served and explained to the parties (ss 30A-30F).
• Police investigative powers include investigating suspected family violence, entry and search of premises without a warrant in certain circumstances (subject to senior officer approval in many cases, ss 62A-62D), seizure of weapons, firearm items and explosives (s 62E), detention to facilitate service of telephone or police orders (s 62F), and obligations to take subsequent steps (application to court, make a police order or record reasons) (s 62C).

Evidence and protections

• FVRO hearings may be conducted with a relaxed rules‑of‑evidence standard (s 44A). Closed court, CCTV/screening and support persons are provided for (ss 44D-44E). The court must take steps to make victims feel safe and may limit cross‑examination (s 44F).

Registration and cross‑jurisdictional enforcement

• Interstate orders and certain foreign orders can be registered and operate in WA as if final FVROs or VROs (Part 7, ss 74-79; Part 7A, ss 79A-79F), with specified exclusions for interstate DVOs under the national scheme (s 74A).

Administrative and remedial mechanisms

• Registrars prepare, serve and register orders, fix hearings and issue summonses (ss 9, 10, 24, 76). Courts and registrars have correction powers for clerical errors (s 49A). Appeals rights are provided (s 64). Confidentiality offences and publication prohibitions are established (ss 10X-10Y; s 70).

Persons named in orders

• The Act applies only to natural persons as persons protected and persons bound by orders (s 7). Each restraining order must specify both names (ss 10C, 11, 75(2) et seq. for registration).

Applicants and applicants’ representatives

• Applications may be made by the person seeking protection, police officers on behalf of that person, parents/guardians for children, child welfare officers or guardians acting under relevant Acts, and in some cases by persons prescribed by regulation (s 24A(1)-(2), s 25(1)-(2), s 75(1)-(1a)). Police applications are taken to be in the name of the Commissioner of Police (s 24A(2A)(a)). Registrars, authorised magistrates and court officers play procedural roles (ss 7A, 17, 9, 10).

Respondents and regulated obligations

• Respondents face a range of possible restraints on everyday lawful activities: exclusion from home or workplace (ss 10G(2)(a), 13(2)(a), 36(2)(a)); proximity limits (ss 10G(2)(c), 13(2)(c)); communication bans (ss 10G(2)(e), 13(2)(d)); loss of possession of firearms/authorisations and explosives (ss 14(1), 14A(1)); obligations to undergo eligibility assessments and attend behaviour change programmes where an FVRO final order exists (ss 10L-10M). Contravening orders attracts criminal liability with specified penalties (s 61).

Children and child welfare authorities

• The Act sets limits and safeguards for children: no restraining order under 10 years (s 50); orders against children limited to six months unless section 63A applies (s 50A); restraining orders affecting children under child welfare laws are only to be made after CEO notification or with consent in specified circumstances (ss 50B-50D, 50C). The CEO (child welfare) may intervene as a party where wellbeing is affected (s 50D).

Courts, registrars, magistrates and the Minister

• Courts and authorised magistrates exercise primary decision‑making (ss 7A, 17, 43). Registrars prepare, serve and register orders and manage procedural steps (ss 10, 24, 76). The Minister approves assessors and behaviour change programmes and provides lists to courts (s 10P). The Commissioner of Police receives police copies, notifications and is obliged to act on seizures/notifications under firearms provisions (ss 10, 59, 71, 62E).

Third parties and employers

• Persons who, in the respondent’s usual occupation, are responsible for firearm access (responsible persons, co‑licensees) may be notified of firearms orders and may be criminally liable for allowing access (s 71). Behaviour change programme providers and eligibility assessors are approved by the Minister and are subject to confidentiality duties (ss 10P, 10X-10Y).

Public interest and community actors

• Police must investigate suspected family violence and may make police orders where necessary to ensure safety; courts may make MROs for public‑facing risks (ss 62A, 30A, 34). Where no private applicant exists, police may apply for MROs on behalf of the public (s 38(3)).

Interstate and foreign jurisdictions

• Persons protected by interstate and prescribed foreign restraining orders can register those orders in WA, bringing a non‑local order into local force (Part 7 and Part 7A, ss 75-79F). The Commissioner of Police and relevant courts will be notified on registration (ss 76, 79C).

Court duties and principles

• Courts must observe family‑violence principles in FVRO matters: safety of persons at risk, prevention of behaviour producing apprehension, protection of children, accountability of perpetrators, and sensitivity to cultural, linguistic and other contextual factors (s 10B(1)-(2)). When making FVROs and VROs courts must have primary regard to safety and child wellbeing (ss 10F(2), 12(2)) and consider enumerated matters including accommodation needs, prior history, family orders, criminal convictions, police incident reports and risk assessments (ss 10F(1), 12(1)).

Applicant and respondent procedural rights

• Applicants choose whether first hearing is in respondent’s absence or defended (s 26). Respondents have rights to notice, leave hearings for variation/cancellation applications (ss 31, 46) and appeal decisions (s 64). If disputing an eligibility assessment report, respondents can require the assessor to attend and cannot have disputed matters considered unless proved on the balance of probabilities (ss 10Q-10R).

Ministerial approval and administrative duties

• The Minister may approve eligibility assessors and behaviour change programmes, must specify programme providers and make lists and contact details available to courts upon request (s 10P(1)-(4)). The Minister may delegate functions to departmental officers (s 10Z). The Minister must review family‑violence‑related amendments after two years (s 73A).

Police duties and powers

• Police must investigate suspected family violence where there are reasonable grounds (s 62A), may make police orders with specified considerations (s 30B), must serve and explain police orders and refer to support services (s 30E), may enter and search premises without warrant in prescribed circumstances (s 62B) but require senior officer approval for entries except in urgent circumstances (s 62D), and may seize firearm items/explosives where a bound person fails to surrender them (s 62E). Police must notify courts and victims where appropriate and provide certificates/certified information to courts (ss 10F(4)-(6), 62C).

Specific duties on named persons

• Respondents bound by FVROs/VROs must give up firearm items and firearms authorisations in a manner prescribed by regulation (s 14(2)). Persons served with firearms orders are asked about occupational access and responsible persons are to be notified; false answers attract criminal penalties (s 71). Eligibility assessors and behaviour change programme providers are subject to statutory confidentiality duties and prescribed fines for unauthorised disclosure (ss 10X-10Y).

Service and registrar obligations

• Registrars must cause notices of hearings to be served (s 10O(1)), prepare and serve orders in prescribed manner (s 10(1)), register telephone and interstate orders (ss 10(3a), 76), and notify parties and Commissioner of Police when orders are served or varied/cancelled (ss 59, 49(3)).

Rights to support and protections

• Persons seeking protection may have support people present and the court can permit other non‑parties in proceedings; closed circuit television, screening and special arrangements may be used to reduce trauma and enable evidence (ss 44D-44E). Children are protected by special rules on evidence and participation (ss 50, 50A, 53A-53G).

Offences, defences and sentencing considerations

• Breach of FVRO/VRO/police order is a criminal offence with penalties up to $10,000 fine or 2 years’ imprisonment (ss 61(1), 61(1A), 61(2a)); MRO breaches carry lower penalties ($1,000) (s 61(2)). The Act provides defences (s 62) for acts in family dispute resolution, legal representation, child welfare actions, attendance at court hearings or emergencies. Sentencing must consider exposure of children as aggravating factors and the court must consider behaviour management reports in FVRO breach sentencing (ss 61(4), 61C).

Primary criminal sanctions

• Breach offences: FVRO and VRO breaches attract maximum penalties of a fine of $10,000 or imprisonment for 2 years, or both (ss 61(1), 61(1A)). Police order breaches carry the same upper penalties (s 61(2a)). MRO breaches carry lesser penalties,fine of $1,000 (s 61(2)).
• Time limits and jurisdiction: Prosecutions for breaches of FVROs, VROs or police orders must be commenced within 2 years after the offence (s 61(6)); prosecutions for breaches are to be brought in the Children’s Court if the alleged offender is a child, otherwise in the Magistrates Court (s 61(3)).

Enhanced penalties for repeat offending

• Section 61A requires mandatory imprisonment for qualifying repeat relevant offences except where clearly unjust and the offender is unlikely to be a safety threat. The section defines relevant offence, the temporal counting rules for previous offences and mandates imprisonment or detention for adults and juveniles respectively, subject to judicial discretion under limited circumstances (s 61A(4)-(7)). Courts must provide written reasons if they decline to impose imprisonment/detention under s 61A(6)-(7).

Offences linked to procedure and compliance

• Failing to attend eligibility assessment interview or behaviour change programme without reasonable excuse is an offence with a fine of $1,000 (ss 10L(5), 10M(4)). Confidentiality breaches by assessors or programme providers attract fines of $1,000 (ss 10X(1)-(4), 10Y(1)). False or non‑cooperative answers to firearms occupation questions attract penalties (s 71(3): $2,000 or 9 months’ imprisonment), and responsible persons who permit access to firearms in breach of an order face significant fines or imprisonment (s 71(6)).

Police enforcement powers and remedies

• Police have statutory powers to investigate, enter and search premises, seize weapons and firearm items, and detain persons for limited periods to facilitate service of telephone or police orders (ss 62A-62F). Seizures and detentions may be made without a warrant where statutory conditions are met (ss 62B(1)-(3), 62E(1), 62F(1)-(2)). Seized items are to be delivered to the Commissioner of Police and dealt with under regulations (ss 62B(4), 62E(2)).

Procedural enforcement and remedial orders

• Courts may cancel or vary orders on application (Part 5) and may, in sentencing for breach, themselves exercise variation/cancellation powers where the protected person aided the breach (s 61B(4)). Registrars and courts control service and registration procedures and may correct clerical errors in orders (s 49A). Interim orders that become final can be set aside within prescribed timeframes with procedural safeguards (ss 31-33, 43A).

Publication and confidentiality penalties

• Section 70 prohibits publication or dissemination likely to reveal protected persons’ whereabouts; breach attracts a fine of $6,000 or 18 months’ imprisonment. Eligibility assessors and programme providers face statutory fines for unauthorised disclosure of reports ($1,000) (ss 10X-10Y, 70(2)).

Enforcement timelines and notice obligations

• Telephone and police orders have tight service timetables (telephone orders with duration ≤72 hours must be served within 24 hours or lapse under s 16(2); police orders last up to 72 hours from service and lapse if not served within 24 hours of being made, s 30F). Registrars must notify parties and the Commissioner on service or registration; failure to effect correct service procedures has consequences for the order’s validity and for lapse (ss 10(1)-(4), 16(2), 30F(1)-(2), 59).

Family law and family orders

• The Act recognises family orders as defined, and directs courts to take family orders into account and not to make restraining orders that conflict with family orders where the court lacks jurisdiction to adjust the family order (s 5; ss 10F(1)(g), 66, 65). The Act requires courts to request information from applicants about existing or pending family orders (s 66(1)) and to attempt to obtain copies and take terms into account (s 66(2)). The Act expressly preserves child welfare and family law jurisdictions (s 50B(2)-(3)).

Criminal law and sentencing

• The Act interacts with criminal law in multiple ways: (i) breaches of orders are criminal offences (s 61); (ii) courts may make restraining orders in criminal proceedings, including at bail hearings and other contexts (s 63(1)); (iii) convictions for specified violent offences trigger presumptions or mandatory orders under ss 13A and 63A (see also s 63(4AA)), and courts must take family relationship, presence of children and breaches of orders into account when sentencing violent personal offences (s 63B). The Act preserves criminal and civil liability for conduct despite restraining orders (s 63C).

Firearms and dangerous goods regimes

• The Act cross‑references the Firearms Act 2024 and the Dangerous Goods Safety Act 2004. It defines firearm item and firearms authorisation by reference to the Firearms Act 2024 (s 3), imposes mandatory restrictions on firearms possession and authorisations in FVROs/VROs (s 14), creates police seizure powers for firearm items and explosives (s 62E), and requires regulated procedures for giving up, delivering and dealing with firearm items/explosives in the regulations (s 14(2)-(3); s 73(2)(b)-(c)).

Children and child welfare law

• The Act is calibrated to operate alongside child welfare law: restraining orders against children under certain circumstances are constrained and require CEO notification or consent; the CEO may intervene as a party and request urgent hearings (ss 50-50D, 45A). Section 50B(2) explicitly says the Act does not affect the jurisdiction or orders under child welfare laws.

Court procedure and evidence Acts

• The Act integrates with court rules (s 9) and expressly relaxes rules of evidence in certain FVRO hearings (s 44A). It makes the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applicable to this Act (s 8A), enabling electronic processes for proceedings and service.

Interstate and international recognition

• The Act provides for registration and effect of interstate restraining orders under corresponding laws and excludes interstate DVOs under the Commonwealth Domestic Violence Orders (National Recognition) Act 2017 from registration under Part 7 (ss 74-79B, 74A). It enables registration of foreign restraining orders from New Zealand and prescribed countries (ss 79A-79F).

Statutory delegations and administrative law

• The Minister may delegate functions under Part 1C other than the delegation power itself (s 10Z). The Minister’s approval role for assessors and programmes (s 10P) creates an administrative gate subject to ministerial discretion, and the Act requires the Minister to provide lists to courts upon request (s 10P(4)).

Regulatory framework and forms

• The Governor in Council may make regulations to prescribe procedures for giving up firearm items and explosives, forms, fees and matters necessary to give effect to the Act (s 73). Prescribed forms must include a summary of s 44B (s 72A).

Scope of amendments recorded in the compilation table

• The Act has an extensive amendment history recorded in the compilation table. Notable themes include family‑violence‑focused reforms in the Acts Amendment (Family and Domestic Violence) Act 2004 and the Restricting Orders and Related Legislation Amendment (Family Violence) Act 2016 (see compilation table entries and multiple insertions: ss 5A, 10A-10H, Part 1C, Part 2A and others). Recent statutory cross‑references have integrated firearm law changes (Firearms Act 2024, s 14 definitions, s 71 amendments) and family violence reforms in 2020 and 2024 (Family Violence Legislation Reform Acts).

Specific insertions and sequencing

• The 2004 amendments introduced significant family and domestic violence machinery (see generally Acts Amendment (Family and Domestic Violence) Act 2004 entries and the insertion of Part 1A, Part 2A police orders and Division 3A). The 2016 family‑violence amendments added explicit FVRO objects and principles (ss 10A, 10B), the behaviour management Part 1C (ss 10I-10Z), and reworked duration and evidence provisions (see relevant sections with “inserted: No. 49 of 2016” notes). The 2020 reforms (Family Violence Legislation Reform Act 2020 and Family Violence Legislation Reform (COVID‑19 Response) Act 2020) added conference procedures (Part 5A, s 49D), expanded police and evidence procedures (ss 44E-44F), and affected duration and process for orders (multiple insertions cited).

Recent reforms and staged commencements

• Some provisions have staged commencements; for example, parts of the 2016 amendments commenced on 1 July 2017, others earlier or later (see compilation table). The Firearms Act 2024 amendments came into operation on 31 March 2025 and updated definitions for firearm items and authorisations in s 3 and court duties under ss 14 and 71.

Review and sunset mechanisms

• The Act requires a ministerial review of the 2016 FVRO amendments within two years (s 73A). The police‑order Division included a built‑in review requirement 24 months after commencement (s 30I). The compilation table lists repeals, reprints and dates to assist tracking of amendments over time.

Technical and cross‑statutory changes

• The Act has been amended to enable electronic processes (s 8A), align with other statutory changes (Children and Community Services Act 2004 references), and incorporate modifications required by cross‑border legislation (Cross‑border Justice Act 2008 noted in endnotes and modifications marked 1M). Several minor deletions and renumberings are noted in the source.

Statute text only , no cases named

• The supplied Statute compilation contains no case law. It lists only statutory amendments, commencement dates, and review requirements. The Act itself references evidentiary and sentencing Acts and procedural interactions with other statutes but does not cite judicial decisions or interpretive authorities. Therefore no litigation history is available in the source material.

Practical consequence for readers

• Because the Act is heavily procedural and interacts with criminal law and family law regimes, practitioners should consult court decisions for interpretation of discretionary standards, evidentiary relaxations (s 44A), application of s 10B principles, and scope of police powers under ss 62B-62E. The text itself invites courts to record and provide reasons when making or refusing FVROs (s 63D), which will generate appellate material; those judicial reasons must address the statutory FVRO principles (s 10B(1)(a)-(c)).

Areas likely to generate litigation

• Anticipated litigated issues, based on statutory design, include: contested thresholds for “likely again to commit” and “reasonable grounds to apprehend” (ss 10D(1), 11A); the scope and proportionality of place‑exclusion restraints that override legal or equitable rights (ss 10G(4), 13(4), 36(5)); the interaction with family orders (s 66) and child welfare intervention (ss 50B-50D); evidentiary weight of hearsay and representation in FVRO hearings where rules are relaxed (s 44A); and the application of mandatory or presumptive orders after criminal convictions under ss 13A and 63A. The Act’s intersection with the Firearms Act 2024 and Dangerous Goods Safety Act 2004 (s 3 definitions and ss 14, 14A) makes seizure and disposal disputes likely to reach courts.

Need for cross‑jurisdictional case law

• Registration and enforcement of interstate and foreign restraining orders (Part 7 and Part 7A) will raise conflicts and questions of recognition and variation. Practitioners should look for decisions interpreting ss 76-79 and 79C-79F in the absence of decisions listed in this source.

Orders can restrict rights despite legal entitlements

• The Act explicitly allows courts to restrain respondents from entering or remaining in places even if the respondent has a legal or equitable right to be there (ss 10G(4), 13(4), 36(5)). Practitioners must be alert that civil property or occupancy rights may be effectively suspended by a restraining order and that the order should provide mechanisms for recovery of personal property from specified places (s 10G(5), 13(5), 36(5)).

Telephone and police orders are temporary but can lapse if not served promptly

• Telephone orders with duration ≤72 hours lapse if not served within 24 hours (s 16(2)). Police orders lapse if not served within 24 hours and last up to 72 hours from service (s 30F(1)-(2)). Failure to effect timely service can nullify an emergency protection measure.

Conduct agreements and their legal status

• A conduct agreement order (respondent agrees to a final order) is not an FVRO in form but is taken to be an FVRO for the purposes of the Act (s 10H(3)). Importantly, a conduct agreement does not constitute an admission of the allegations (s 10H(2)). Practitioners should note the hybrid status for enforcement and ancillary processes: registrar must prepare and serve the conduct agreement order (s 10H(4)).

Behaviour management penalties and double jeopardy risks

• Attendance obligations under behaviour management orders are criminalised with a fine ($1,000) but the Act limits prosecution to once regardless of multiple sessions missed (s 10M(6)). Assessors and providers must follow prescribed notice processes or risk creating enforcement vulnerability (ss 10L(4)(b), 10M(3)(b)). Appeals against final orders may stay related behaviour management orders (s 10N(1)).

Ministerial approval centralises programme gatekeeping

• The Minister approves assessors and behaviour change programmes and specifies providers; courts rely on the Minister’s lists (s 10P(1)-(4)). That creates a single administrative mechanism that determines which programmes are available for court orders, and failure to have appropriate approvals in place may make behaviour management orders “not reasonably practicable” (s 10M(2)(b)(i)).

Firearms and explosives constraints have occupational consequences

• Every FVRO or VRO includes a restraint prohibiting possession of firearm items or authorisations (s 14(1)). The Act requires respondents to give up firearm items and authorisations in a manner prescribed by regulation (s 14(2)) and enables police to seize items without warrant where surrender does not occur (s 62E(1)). Responsible persons and co‑licensees may be criminally liable for allowing access to firearms contrary to notifications (s 71(4)-(6)). Employers and licences need to be aware of notification duties and potential criminal liability.

Confidentiality exceptions and legal advice carve‑outs

• Statutory confidentiality of assessor reports and programme reports is strict (ss 10X-10Y) with $1,000 fines. Exceptions include disclosure authorised in writing by the respondent, to legal practitioners for advice or representation, or as authorised by a court (s 10X(5)). Practitioners must ensure lawful channels are used when accessing these materials.

Publication prohibitions and severe penalties

• Publishing or communicating information that would reveal or be likely to reveal the whereabouts of a party or witness is a criminal offence punishable by fine or imprisonment (s 70(2)). Courts may nevertheless dispense with the restriction where the protected person consents and the court records that consent (s 70(3)). Media and journalists must observe these prohibitions; registrars must be careful in notifications (s 59(3)).

Timing and jurisdictional complexity with interstate/foreign orders

• Interstate DVOs under the Commonwealth national recognition scheme cannot be registered under Part 7 (s 74A), and orders registered before that Act retain distinct status (s 74B). Registration turns an interstate or foreign order into a local final order for enforcement (ss 76-77; 79C-79D), but variation or cancellation in the originating jurisdiction or in WA follows prescribed notice and registration mechanics (ss 78-79F). Practitioners should not assume automatic equivalence without checking registration status and relevant national scheme interactions.

Strict service and proof mechanics

• Service is generally personal unless oral service is authorised by the registrar, or substituted service is ordered where personal service is impracticable or evasion is shown (ss 55(1)-(3a), 60). Proof of service requirements and the consequences of failure (orders lapsing, set‑aside rights) make accurate service essential (ss 16(2), 31-33, 58-59).

Repeat breach mandatory sentencing trap

• Section 61A compels courts to impose imprisonment/detention for repeat relevant offences unless imprisonment/detention would be clearly unjust and the offender is not a safety risk. This statutory mandatory sentencing structure reduces judicial discretion in high‑recidivism cases and requires careful pre‑sentencing consideration and recording of reasons if imprisonment is not imposed (ss 61A(4)-(7)).

Process map and immediate actions for applicants

• Who may apply: check applicant status (s 24A for FVRO, s 25 for VRO, s 75 for interstate registration). For telephone applications, ensure an authorised person introduces the applicant and reasonably believes the criteria in s 20(1) are met (ss 18, 20). For in‑person urgent relief, consider seeking a telephone order through an authorised magistrate where impracticability or urgency is present (ss 19-23).

Service and registration steps

• Registrars prepare and serve orders following rules of court and the prescribed forms (ss 10(1), 72A). Ensure the police copy is delivered to the Commissioner (s 10(1)(c)), and where applicable, telephone orders are prepared by the authorised person and signed and lodged by the authorised magistrate (s 24). For interstate or foreign orders, apply in the prescribed form to the Magistrates Court registrar for registration and request notice to the bound person if required (ss 75-76, 79B-79C).

Respondent compliance obligations

• If bound by an FVRO or VRO, surrender firearm items and firearms authorisations in the prescribed manner and time (s 14(2)); if explosives restraints apply, surrender explosives and licences as prescribed (s 14A(2)). If a behaviour management order follows a final FVRO, contact the named behaviour change programme provider by the date specified and attend sessions as required; failure without reasonable excuse is an offence (ss 10M(3)-(4)).

For assessors and programme providers

• Obtain Ministerial approval if required (s 10P(1)-(3)). Provide reports to courts in the prescribed form and within timeframes; respect confidentiality obligations and be aware that unauthorised disclosure attracts fines (ss 10P, 10V, 10X-10Y). Where contraventions occur, notify the Commissioner of Police and lodge certificates with the court (s 10W(2)).

Police and authorised persons’ operational steps

• Police must investigate when family violence is suspected (s 62A), follow the senior officer approval protocol for entries (s 62D), and if making police orders, ensure service, explanation and referral to support services (s 30E). If making a telephone application, the authorised person must prepare orders consistent with authorised magistrate instructions and see the orders to court records (s 24(1)-(3)).

Court and registrar administrative practice

• Courts must explain orders to persons in court (s 8(1)) and ensure explanation documents are delivered by registrars when in‑court explanations are impracticable (s 8(3)). Registrars must cause notices of hearings and eligibility assessment interviews to be served and must register orders and liaise with police copies as required (ss 10, 10L(4), 10U(1), 76). Prescribed forms must include required summaries (s 72A).

Risk management for employers and responsible persons

• If a restrained person uses or has access to firearm items in their occupation, the person serving the order must collect occupation and responsible person details and the Commissioner will notify responsible persons; employers and co‑licensees must not allow access or they risk criminal penalties (s 71). Employers should implement protocols to act on notification promptly and to restrict access in compliance with orders.

Managing children and child welfare intersections

• Courts and practitioners must notify the CEO (child welfare) before certain FVROs/VROs are made where the respondent is under 16 and the protected person is a parent/guardian or person responsible for care (s 50C(1)). The CEO may intervene and must be given urgent hearings where identified (s 45A). Avoid making restraining orders against children under 10 (s 50) and follow the six‑month limit for final orders against children unless s 63A applies (s 50A).

Documentation, evidence and contested proceedings

• When relying on affidavits or prior hearing evidence, ensure compliance with relaxed evidentiary rules in FVRO hearings (s 44A) and be prepared to support disputed eligibility report matters on the balance of probabilities (s 10R(1)). If cross‑examination involves family or imagined personal relationships, apply s 44C procedures to ensure examinations are conducted through judicial officers or approved persons.

Confidentiality and publication safeguards

• Follow strict handling rules for eligibility assessment and programme reports (ss 10X-10Y). When publicising matters or interacting with media, be aware of the publication prohibition under s 70 and seek court direction where uncertainty exists.

Appeals and review

• Ensure adherence to appeal pathways in s 64 and applicable court appeals regimes. Where legislative review obligations apply (s 73A for 2016 amendments), keep administrative records and performance data to assist ministerial reviews.

Regulatory compliance and updates

• Monitor regulations under s 73 for procedural, firearms and explosives disposal rules and for any prescribed classes or exemptions (for example who may give explanations under s 8(2A)). Keep forms and court practice aligned with rules of court and the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 requirements (s 8A) to use electronic service and process where permitted.

In sum, compliance requires procedural precision (service, notices, registrations), substantive observance of order terms (surrender of firearms/explosives, attendance at programmes), and careful coordination with police, registrars, the Minister’s approved lists and child welfare authorities.