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Restraining Orders Act 1997
Part 6General
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Part 6 — General
Division 1 — Children
50. No restraining orders against children under 10 102
50A. Restraining order against child not to exceed 6 months 102
50B. Child welfare laws not affected 102
50C. CEO (child welfare) to be notified before certain FVROs or VROs are made 103
50D. Intervention by CEO (child welfare) 104
51. Responsible adult to attend 104
52. Transfer between courts 105
53. Telephone order made against child 106
53A. Children not to give oral evidence without leave of court, other than in Children’s Court 106
53B. Evidence of children 106
53C. Child who gives evidence entitled to support 107
53D. Cross‑examination of child by unrepresented person 107
53E. Admissibility of evidence of representations made by children 107
53F. Summonsing of children 108
53G. Arrangements for care and wellbeing of children bound by restraining orders 108
Division 2 — Service
54. Service of summons 109
55. Service of restraining order 109
56. Delivery or notification 111
57. Copy of document sufficient for service 111
58. Proof of service 112
59. Service of restraining order, certain people to be notified of 113
60. Substituted service 113
Division 3 — Breach of restraining order or police order
61. Breach of restraining order 115
61A. Penalty for repeated breach of restraining order 116
61B. Protected person aiding breach of restraining order or police order 118
61C. Report under s. 10V to be considered in sentencing for breach of FVRO 119
62. Defence 119
Division 3A — Police functions
62A. Investigation of suspected family violence 120
62B. Entry and search of premises if family violence suspected 121
62C. Action to be taken by police officer after investigating suspected family violence 123
62D. Approval of senior officer 123
62E. Seizure of firearm items and explosives 124
62F. Detention of respondent during telephone hearing or while police order is being made 126
62G. Police officer may conduct hearing for applicant 127
Division 4 — General
63. Making restraining orders during other proceedings 127
63A. FVRO or VRO made if certain violent personal offences committed 131
63B. Circumstances to be taken into account when sentencing for certain offences 132
63C. Criminal and civil liability not affected by restraining orders 133
63D. Court to give reasons for certain decisions 134
64. Appeals 134
65. Orders not to conflict with certain family orders 136
66. Information about family orders 136
67. Adjournments 137
68. Orders may be extended to apply to other people 138
69. Costs 139
70. Information on identity of certain person restricted 139
70A. Exchange of information 141
71. Notification when firearms order made 142
72. Practice and procedure generally 145
72A. Forms 145
73. Regulation making power 146
73A. Review of certain amendments relating to FVROs 146