Restraining Orders Regulations 1997

The Regulations repeatedly rely on a small set of controlling concepts and definitions that determine how they apply. These include "restrained person", "proceedings under the Act", "form", "explosives order", "senior officer", and occupational titles such as "Chief Dangerous Goods Officer", "custodial officer" and "prison officer". These defined terms appear in r 2A, r 5C and r 9B(1), and they control interpretation and operational application throughout the instrument.

Key concepts and their regulatory role:

• Restrained person (r 2A): defined as the person bound by a restraining order. The definition is narrow and operationally significant because many duties in the Regulations (for example, duties to surrender firearms or explosives, r 4 and r 5D) are framed as obligations on the restrained person.
• Form and substantial compliance (r 3): Schedule 1 forms are prescribed and r 3(3) permits "substantial compliance" with a form. Practically, substantial compliance permits procedural flexibility in documents presented to courts and police, but the precise test is left to practice rather than the Regulations.
• Firearm items, firearms authorisation and co‑licensee interplay (r 4-5): The Regulations distinguish the physical possession of a firearm item from holding a firearms authorisation. r 4 requires immediate surrender to a police officer in certain circumstances (immediate handover when personally/orally served while in possession, or accompanying an officer to retrieve items) and a 24‑hour surrender window otherwise. r 4(5) exempts surrender of a firearm item if that item is physically possessed by a co‑licensee, while still requiring surrender of the authorisation. r 5 prescribes the Commissioner of Police as the custodian and links disposition to the Firearms Act 2024 (r 5(1)-(4)).
• Explosives order (r 5C-5E): Introduces an analogous but separate schema for explosives. A restrained person must give explosives or an explosives licence to the Chief Dangerous Goods Officer within 36 hours (r 5D). The Chief Dangerous Goods Officer holds surrendered items in safe custody and must assess return against the Dangerous Goods Safety (Explosives) Regulations 2007 (r 5E(1)-(3)).
• Service modalities and substituted service (rr 9A, 9B, 10): The Regulations set out who may serve documents (r 10(1)), prescribe application steps and documentation for oral service and substituted service (r 9A), and permit substituted service of FVROs without a court order in specified circumstances, subject to multiple unsuccessful personal service attempts, senior officer approval, and record‑keeping obligations (r 9B). Substituted service for FVROs may be effected by oral service pursuant to section 55(5)-(7) of the Act (r 9B(5)).
• Records, certificates and absence hearings (rr 6A-6D): The Regulations allow courts to correct minor errors (r 6A) and to hear such applications in the absence of the other party unless the court orders notice. They also require court registrars to certify presence in court where the person bound was present when the order was made (r 6D), and set out notice obligations for child witness applications (r 6B).
• Inter‑agency information exchange (r 15) and prescribed persons (r 14A): The Regulations identify the types of information that may be shared under s 70A of the Act and who may receive it, including the Commissioner of Police, the Chief Dangerous Goods Officer and Commonwealth ACC staff (r 14A, r 15). The prescribed information list includes identifiers, offence descriptions, investigation status and police officer identifiers (r 15(a)-(f)).
• Interstate recognition (r 12) and prescribed countries (r 16): The Regulations prescribe evidentiary requirements for registration of interstate orders (r 12) and list Canada, Ireland and the United Kingdom as prescribed countries for the purposes of s 79A (r 16).

The Regulations, therefore, operate predominantly as a procedural and evidence framework tied to enforcement activities. They allocate time limits (24 hours for firearms surrender unless on‑scene; 36 hours for explosives surrender), provide for substitution of service where personal service fails (with senior‑officer oversight), and integrate regulatory custody/disposal rules by cross‑reference to specialist statutes. The structural pattern is: specify operational duty → identify enforcing agent → defer substantive licensing or disposal decisions to specialist legislation (Firearms Act 2024; Dangerous Goods Safety Act 2004 and regulation 164, 170 of explosive regs).

Mechanically, the Regulations convert statutory powers in the Restraining Orders Act into discrete actions that police, registrars and specialist regulators must take or record. They are not a substantive criminal code; rather, they prescribe how restraint‑related property and documents move through enforcement, registry and specialist licensing systems.

The Regulations allocate discrete responsibilities and constraints across a set of identifiable actors. The primary affected parties are restrained persons and the persons protected by restraining orders. Secondary and operationally critical actors include police officers, the Commissioner of Police, the Chief Dangerous Goods Officer, registrars and courts, custodial officers and prison officers, officers of the Australian Criminal Intelligence Commission (ACC) as prescribed, and third parties such as co‑licensees and persons with lawful access to property. The relevant interactions and obligations are set out in the Regulations as follows.

Restrained person: defined in r 2A, the person bound by a restraining order bears active duties under the Regulations. These include immediate or timely surrender of firearm items and firearms authorisations when personally or orally served by police (r 4(2)-(4)), and surrender of explosives or explosives licences to the Chief Dangerous Goods Officer within 36 hours of service (r 5D). The restrained person is the subject of service rules (r 10) and can be present when orders are made (r 6D).

Person protected: the Regulations prescribe the kinds of information that can be exchanged about a protected person under s 70A (r 15), and Schedule 1 Form 10 Part D provides information to the protected person about the order and about aiding a breach (Form 10). The protected person is listed for delivery of corrected restraining orders (r 6A(5)(b)).

Police officers: appear throughout as the primary enforcement and service agents. They may personally or orally serve orders (r 4(2), r 10(1)), take custody of firearms or authorisations surrendered under s 14 or seized under s 62E (r 5(1)), effect oral or substituted service pursuant to court or registrar authorisation (r 9A(2), r 9A(4)), and follow prescribed steps where substituted service of FVROs without court order is authorised (r 9B(2)). Senior officers (sergeants or above) must approve substituted service in the FVRO emergency procedure and keep records (r 9B(1)-(4)). Police officers are also named as authorised representatives who may serve documents (r 10(1)).

Commissioner of Police: the Commissioner is the statutory custodian for surrendered or seized firearm items and authorisations (r 5(1)). The Commissioner is authorised to exercise functions under the Firearms Act 2024 when determining return or disposal (r 5(2)(a)-(b), r 5(3)-(4)). The Regulations give the Commissioner power to treat unclaimed firearms under Firearms Act disposal provisions when no entitled person is identified (r 5(4)).

Chief Dangerous Goods Officer: for explosives, the Chief Dangerous Goods Officer is the recipient and custodian of surrendered explosives or licences (r 5D, r 5E(1)). The Chief Dangerous Goods Officer must have regard to reg 164 of the Dangerous Goods Safety (Explosives) Regulations 2007 before returning an explosives licence (r 5E(2)), and may treat unclaimed licences as surrendered under those regulations after a one‑month period (r 5E(3)).

Registrars and courts: registrars are required to ensure notice and listing in correction applications (r 6A(4)), to post copies after oral service notifications (r 9A(5)), and to certify presence where a person bound by a restraining order was present when the order was made (r 6D). Courts must maintain records for restraining orders made during bail or other proceedings (rr 8-9). Applications for oral or substituted service must be made by a police officer to a registrar or court (r 9A(1)-(2)).

Custodial and prison officers: authorised to effect personal or oral service alongside police officers and registrars (r 10(1)). Definitions draw on the Young Offenders Act 1994 and Prisons Act 1981 (r 10(1A)).

Co‑licensees: have a narrow but critical role in the firearms surrender regime. Where a co‑licensee has physical possession of a firearm item, the restrained person need not surrender that firearm item, but must still surrender any authorisation (r 4(5)). A co‑licensee may also reclaim items held by the Commissioner under certain conditions (r 5(1)(b)).

Australian Criminal Intelligence Commission staff: identified in r 14A as prescribed persons for disclosure (r 14A(b)), meaning ACC staff may receive information under s 70(1A). The Regulation notes the ACC is now known as the Australian Criminal Intelligence Commission.

Third parties with lawful access to property: r 14 requires the person seeking to recover property under an FVRO or VRO to attempt negotiation with any person who has lawful access to the property and permits police assistance when negotiation fails or the order’s terms prevent recovery.

Interstate courts and officers: r 12 prescribes the evidentiary requirements for registration of an interstate restraining order; it requires the original order or a certified true copy and evidence of effective service as the registrar considers appropriate.

In short, operational responsibility is concentrated in police practice (service, immediate custody), specialist regulators (Commissioner of Police for firearms, Chief Dangerous Goods Officer for explosives) and court registrars (records, notification and certain service authorisations). The Regulations therefore shift burdens onto those actors to act quickly and record actions, and they shape the choices available to restrained persons (where to surrender, whether co‑licensee exceptions apply), protected persons (receipt of notices and entitlements to information exchange), and third parties (negotiation to recover property).

This section lists the concrete duties imposed by the Regulations and the principal rights and procedural protections they create. The duties are mostly operational: surrender and custody of items, service and record‑keeping, listing and notification, and facilitation of inter‑agency information exchange. These are duties and rights established in specific regulations.

Duties on restrained persons and surrounding actors

• Surrender of firearm items and authorisations (r 4): A restrained person who is personally or orally served with a restraining order that requires surrender of a firearm item or firearms authorisation must immediately give the item or authorisation to the police officer if they are in physical possession at the time of service (r 4(2)). If the item/authorisation is at a place the police officer can reasonably accompany the person, the restrained person must immediately go with the officer and hand it over (r 4(3)(a)-(b)). In other cases, the restrained person must deliver the item/authorisation to the police station nearest the location within 24 hours of service (r 4(4)). Exception: if a co‑licensee has actual physical possession of the firearm item, the restrained person must still surrender the authorisation but need not surrender that firearm item (r 4(5)).
• Surrender of explosives and explosives licences (r 5D): Where an explosives order is served, the restrained person must give the explosive or explosives licence to the Chief Dangerous Goods Officer as soon as reasonably practicable and in any event within 36 hours (r 5D(2)(a)-(b)). The explosives order can specify a longer period.
• Service of orders (r 10): Personal or oral service can be effected by a registrar, custodial officer, police officer, prison officer or an authorised person. If a document is handed to an officer for service and the registrar has given directions on manner of service, the officer must take all reasonable steps to serve in that manner (r 10(1)-(2)).

Custody, return and disposal duties

• Custody of firearm items and authorisations (r 5(1)): Firearm items or firearms authorisations surrendered under s 14 or seized under s 62E are to be held in safe custody by the Commissioner of Police until the restraining order ceases, they are reclaimed by a co‑licensee, or they may otherwise lawfully be disposed of.
• Interaction with Firearms Act 2024 (r 5(2)-(4)): The Commissioner’s custody and disposition duties are subject to functions under the Firearms Act 2024 Part 4 Division 8 or 9, Part 8 or other relevant provisions; the Commissioner is not required to return items if not satisfied about lawful possession under the Firearms Act; and where a firearm is held beyond the post‑order period and no entitled person is identified, disposal may proceed under the Firearms Act s 368(3)-(4) (r 5(2)-(4)).
• Dealing with other weapons and firearms seized in investigations (rr 5A-5B): Firearms seized under s 62B(2)(c) are to be treated as if seized in the course of a criminal investigation by WA Police and dealt with under the Criminal and Found Property Disposal Act 2006 (r 5A). Other weapons seized under s 62B(2)(c) are to be dealt with under the Weapons Act 1999 (r 5B).
• Custody and return of explosives (r 5E): Explosives and explosives licences surrendered to or seized for the Chief Dangerous Goods Officer are held in safe custody until removal of the surrender requirement, the order ceases, or lawful disposal is possible (r 5E(1)). Prior to returning an explosives licence, the Chief Dangerous Goods Officer must have regard to reg 164 of the Dangerous Goods Safety (Explosives) Regulations 2007 as if the restrained person were an applicant (r 5E(2)). Unclaimed licences may be treated as surrendered per the explosives regulations after one month (r 5E(3)).

Service, substituted service and record duties

• Oral and substituted service: Applications for authorisation of oral service and substituted service must be made by a police officer and must specify previous attempts and deliberate avoidance where relevant (r 9A(1)-(3)). After oral service, the police officer must notify the court and the court must post a copy to the last known residential address (r 9A(4)-(5)).
• Substituted service of FVROs without court order (r 9B): The steps for substituted service without a court order are prescribed: at least two unsuccessful attempts in addition to the latest attempt must have been made (unless an Emergency Management Act state of emergency is in force), and senior officer approval is required; senior officer must retain a record of unsuccessful attempts and the approval (r 9B(2)-(4)). Substituted service is effected by oral service per the Act (r 9B(5)).

Court and registrar duties

• Correction of errors (r 6A): Applications under s 49A for correcting minor errors are to be heard in the absence of the other party unless the court orders otherwise. The registrar must ensure notice and hearing where the court orders an adjournment for notice (r 6A(2)-(4)). A corrected order must be served on the person bound, delivered to the person protected or their parent/guardian as applicable, delivered to the Commissioner of Police and placed on court records (r 6A(5)(a)-(d)).
• Certificates and records (rr 6D, 8-9): Registrars must certify presence where the person bound was present when an order was made (r 6D). Judicial officers making orders during bail hearings must create and transmit written records to the relevant court, with specified transmission modes and confirmations for faxed records (r 8). Other courts making orders under s 63 must make written records and place them on court records (r 9).

Information exchange rights and limits

• Prescribed persons and information (rr 14A, 15): The Commissioner of Police, the Chief Dangerous Goods Officer and ACC staff are prescribed persons who may receive information under s 70(1A) and r 15 prescribes the granular categories of information that may be exchanged about protected persons or children affected by orders. The categories include identity particulars, offence descriptions and investigation status (r 15(a)-(f)).

Property recovery

• What may be recovered and how (rr 13-14): The Regulations prescribe the categories of property that may be recovered under an FVRO or VRO (property used to earn income, personal property of a child, property used for a child, or property agreed to be recoverable; r 13). Recovery procedures emphasise negotiation with a person who has lawful access and provide for police assistance if negotiation fails or order terms prevent recovery (r 14(2)-(4)).

Rights: The Regulations contain procedural protections and obligations that protect notice and record integrity: corrected orders must be served and placed on court records (r 6A(5)), courts may require notice and adjournment for correction applications (r 6A(3)-(4)), and oral or substituted service requires recordation and posting by the court (r 9A(4)-(5)). Form 10 contains notice of penalties and national recognition of police orders, which is a right to information for both the person bound and the person protected (Schedule 1).

In aggregate, the duties concentrate enforcement obligations on police and registry staff, place custody and disposition decisions in specialist agencies, and impose specific time windows for surrendered items. Rights are primarily procedural: access to corrected orders, notice for child evidence applications, and recorded certification of presence at hearings.

The Regulations are primarily procedural and administrative; they do not themselves create the substantive criminal offences that are enforced under the Restraining Orders Act 1997. Still, they embed enforcement pathways and convey statutory penalty notices on police orders. Enforcement mechanisms and penalty statements in the Regulations operate through the Act and are given practical effect by the procedures and custodial arrangements prescribed here.

Penalty information on police orders and the enforcement chain

• Police orders carry an explicit penalty statement (Schedule 1 , Form 10 Parts C and D). The Form warns that it is an offence to breach a police order, and that a person who breaches may be arrested and, on conviction, face a penalty of up to $6 000 or imprisonment for 2 years, or both (Form 10 Part C and D). The Form also notes aggravating considerations where a breach occurs in the presence of a child in a family and domestic relationship, and references the Restraining Orders Act 1997 sections 61, 61A and 61B for consequences of repeat offending and aiding a breach (Form 10, Parts C-D).
• The Regulations implement enforcement mechanics by specifying who may serve orders (r 10(1)) and how police are to record oral service and substituted service (r 9A(4)-(5)). Where substituted service of an FVRO is effected without a court order, senior officer approval and retention of records are required (r 9B(2)-(4)). These procedural steps create an evidentiary trail that supports enforcement action under the Act where breaches occur.

Custody and disposal enforcement

• For surrendered or seized firearm items and authorisations, the Commissioner of Police holds items in safe custody and may refuse to return items unless satisfied about lawful possession under the Firearms Act 2024 (r 5(1)-(2)(b)). The Commissioner may deal with a firearm as set out in the Firearms Act (r 5(3)-(4)). This cross‑linking channels enforcement and disposal decisions to the specialist licensing and disposal framework in the Firearms Act.
• For weapons other than firearms seized under s 62B(2)(c) of the Act, the Regulations specify that sections 15-18 of the Weapons Act 1999 apply (r 5B). For firearms seized under s 62B(2)(c), r 5A applies the Criminal and Found Property Disposal Act 2006 as if the seizure occurred during a criminal investigation. These cross‑references create an enforcement and disposal pathway that depends on the nature of the seized item and the statutory framework that governs disposal.

Court enforcement and record evidence

• The Regulations require that when restraining orders are made during bail or other proceedings, a written record is produced and transmitted to the relevant court (rr 8-9). This ensures the court in which the restrained person is bailed appears to have the record for enforcement or subsequent review. If a judicial officer faxes a record, the officer must confirm receipt by the next business day and forward the original by post (r 8(3)-(4)). These requirements reduce the risk of record loss and support subsequent enforcement steps.
• For correction of minor errors under s 49A, corrected orders must be served and delivered to the relevant persons and placed on court records (r 6A(5)(a)-(d)), which preserves enforceability and clarity.

Information sharing and enforcement facilitation

• The Regulations prescribe persons and categories of information that may be shared between agencies and prescribe the ACC staff and Chief Dangerous Goods Officer as persons for disclosure under s 70(1A) (r 14A). The granularity of prescribed information in r 15 (including identifiers, offence descriptions and investigation status) is designed to support coordinated enforcement and protective measures by law enforcement and specialist regulators.

Practical enforcement implications and evidentiary mechanics

• The Regulations do not prescribe prosecution policy, charging thresholds, or sentencing practices; those remain within the Act and general criminal procedure. However, the Regulations prescribe the steps necessary to create a reliable evidentiary trail for enforcement: who served the order, how it was served, record of attempts at service (r 9A(3), r 9B(4)), and certificates of presence (r 6D). These evidentiary steps are material to proving service and thus to proving breaches.
• Where substituted service or oral service is used, the court must be notified and must post copies after receiving notification (r 9A(4)-(5)). This affords the restrained person procedural notice and generates documentation that may be used in enforcement.

Observations grounded in the Regulations

• The only explicit penalty amounts or thresholds printed in the Regulations are those contained on Form 10. Any other punitive consequences for breaches are matters of the Restraining Orders Act 1997 (which the Regulations frequently reference).
• The Regulations concentrate enforcement initiation with operational officers (police and senior police for substituted service), and allocate custody and disposal decisions for weapons to specialist regulators (Commissioner of Police under the Firearms Act, Chief Dangerous Goods Officer under Dangerous Goods Safety regulations). That structure creates multi‑agency dependencies: enforcement of a surrender requirement involves both criminal/penal enforcement and regulatory licensing/disposal decisions.

In summary, enforcement under the Regulations depends on procedural compliance by police and registrars to create enforceable records, and on specialist regulators for custody and disposal of surrendered or seized items. The Regulations contain embedded penalty notices on police orders and prescribe administrative steps that materially affect enforcement viability, but do not themselves create new substantive offences beyond what the Act imposes and what is printed on Form 10.

The Regulations operate in a network of cross‑legislative references. They explicitly link surrender, custody and disposal to specialist statutes for weapons, firearms, explosives and found property, and they import definitional and operational concepts from other Acts. Below is a catalogue of those interactions and the mechanical consequences the Regulations create.

Firearms and weapons frameworks

• Firearms Act 2024: r 5 repeatedly ties custody and disposal of surrendered/seized firearm items and firearms authorisations to the Firearms Act 2024. r 5(1) requires the Commissioner of Police to hold surrendered or seized firearms in safe custody until the order ceases, a co‑licensee reclaims the item, or lawful disposal is possible. r 5(2)(a) says subregulation (1) is subject to the Commissioner exercising functions under the Firearms Act 2024 (Part 4 Division 8 or 9, Part 8 or other provisions). r 5(2)(b) allows the Commissioner not to return a firearm item or authorisation if not satisfied about lawful possession under the Firearms Act 2024. r 5(4) expressly allows the Commissioner to deal with a firearm item under Firearms Act s 368(3) and (4) where an entitled person cannot be identified or found. These provisions embed the Firearms Act's licensing and disposal schema as determinative once custody is taken under the Restraining Orders Act.
• Weapons Act 1999: r 5B prescribes that weapons other than firearm items seized under s 62B(2)(c) of the Act are to be dealt with under ss 15-18 of the Weapons Act 1999 as if seized under that Act. That transfers the disposal and statutory-process responsibilities to the Weapons Act regime.

Found property and criminal disposal

• Criminal and Found Property Disposal Act 2006: r 5A applies this Act to firearms seized under s 62B(2)(c) "as if the firearm item were seized in the course of a criminal investigation by the Police Force of Western Australia", directing that the firearm be dealt with by the Commissioner accordingly. This imports the criminal investigation and found property disposal pathway for certain seizures.

Dangerous goods and explosives

• Dangerous Goods Safety Act 2004 and Dangerous Goods Safety (Explosives) Regulations 2007: r 2A defines "Chief Dangerous Goods Officer" by reference to the Dangerous Goods Safety Act 2004 s 25(2). Part 2A (rr 5C-5E) creates a separate explosives surrender and custody process: explosives or explosives licences given to the Chief Dangerous Goods Officer are to be held in safe custody (r 5E(1)), and before returning an explosives licence the Chief Dangerous Goods Officer must have regard to reg 164 of the Dangerous Goods Safety (Explosives) Regulations 2007 as if the restrained person were an applicant for a licence (r 5E(2)). r 5E(3) allows the Chief Dangerous Goods Officer to treat unclaimed explosives licences as surrendered under the explosives regulations after a month.

Other procedural and operational statutes

• Young Offenders Act 1994 and Prisons Act 1981: r 10(1A) imports definitions for "custodial officer" and "prison officer" from these Acts, which determines who is authorised to effect personal or oral service of restraining orders.
• Emergency Management Act 2005: r 9B(3) suspends the requirement for two prior unsuccessful personal service attempts when a state of emergency declaration is in force under s 56 of the Emergency Management Act 2005. This creates an operational exception during emergencies where substituted service may be expedited.
• Australian Crime Commission Act 2002 (Commonwealth): r 14A prescribes a member of staff of the ACC as a person for disclosure (s 70(1A) of the Act), and the note clarifies that the ACC is now known as the Australian Criminal Intelligence Commission under the Commonwealth regulations. This makes Commonwealth criminal intelligence staff a recipient for information exchange under the Restraining Orders Act scheme.

Interstate and international recognition

• Interstate registration: r 12 prescribes evidentiary requirements for registration of interstate orders, requiring original or certified true copies and evidence of effective service as the registrar considers appropriate. That creates a documentary bridge between foreign jurisdiction orders and WA registration practice.
• Prescribed countries: r 16 lists Canada, Ireland and the United Kingdom as prescribed countries for s 79A, which affects cross‑jurisdictional enforcement or recognition mechanics where s 79A applies.

Procedural cross‑reference to the Act

• Throughout the Regulations, there are repeated references to specific sections of the Restraining Orders Act 1997 (for example, r 5 references s 14 and s 62E, r 5A references s 62B(2)(c), r 6A references s 49A, r 6B references s 53A, r 9A references ss 55(2) and 60(1), r 9B references ss 60(1A)(b) and 60(2)(b), r 14 references ss 10G(5)(b) or 13(5)(b)). These references indicate where the Regulations provide procedural detail that the Act leaves to subordinate instrument or to practice.
• The Regulations also specify that certain corrections, notices and records are to be handled in ways that give effect to Act provisions (for example, r 6A(6) notes that correction under s 49A does not affect when the order came into force or its duration).

Practical consequence of cross‑references

• Enforcement and custody are split: the Regulations give immediate operational tasks to police and registrars but make substantive licensing and disposal decisions dependent on specialist Acts. A surrendered firearm will be held by the Commissioner but returned or disposed of only in accordance with Firearms Act processes (r 5). An explosives licence will be assessed under explosive regulations before return (r 5E(2)).
• Inter‑agency information sharing is enabled but limited to prescribed persons and prescribed categories of information (r 14A, r 15). That shapes the information environment for enforcement and protection decisions.
• Emergencies and special circumstances are accommodated by cross‑reference to the Emergency Management Act 2005 (r 9B(3)), which permits streamlined substituted service under extreme conditions.

In sum, the Regulations function as an operational conduit between the Restraining Orders Act and specialist legislation concerning weapons, explosives, custodial definitions and property disposal, while structuring the flow of evidence and records necessary for enforcement.

The Regulations include a compilation history that records multiple amendments between 1997 and 2025. The compilation table in the Regulations lists the original gazettal and subsequent amendments, and some amendments are reflected in the text by insertion or deletion of provisions. The following is a chronology of changes as recorded in the compilation and in the text of the Regulations.

Key dates and amendment instruments

• 1997: Restricting Orders Regulations 1997 originally gazetted 12 September 1997, commenced 15 September 1997 (r 2).
• 1998: Amendment Regulations 1998 (gazetted 27 March 1998).
• 2001: Amendment Regulations (No. 2) 2001 (gazetted 8 January 2002).
• 2004: Restricting Orders Amendment Regulations 2004 (gazetted 26 November 2004; commenced 1 December 2004). Several updated definitions and forms derive from the 2004 package; r 2A inserted (definition updates) as indicated by note in the text (r 2A inserted: Gazette 26 Nov 2004).
• 2007: Amendment Regulations 2007 (gazetted 31 July 2007; most provisions commenced 1 August 2007). A number of procedural changes were made, including practice directions (r 6A amended etc).
• 2010: Amendment Regulations 2009 which included r 16 prescribing countries (Canada, Ireland, UK) came into effect in January 2010 (gazetted 12 January 2010; r 16 inserted: Gazette 12 Jan 2010 , see r 16 insertion note).
• 2012: Amendment Regulations 2012 (gazetted 4 May 2012; many forms updated including Form 10).
• 2017: Amendment Regulations 2017 (gazetted 7 February 2017; staged commencement with many regs commencing 1 July 2017). r 14A (prescribed persons for disclosure) was inserted in 2017 (r 14A inserted: Gazette 7 Feb 2017 p. 1166-7).
• 2017 (No. 2): Further amendments to forms and related rules (gazetted 24 November 2017).
• 2020: Two amendment instruments. SL 2020/63 (22 May 2020) inserted r 9B (procedure for substituted service of FVRO without court order) and other pandemic‑era changes. SL 2020/258 (24 Dec 2020) inserted Part 2A dealing with explosives (rr 5C-5E) and updated definitions (r 2A amended).
• 2022: SL 2022/146 (26 Aug 2022) amended various procedural provisions. SL 2022/189 (18 Nov 2022) as part of Attorney General Regulations Amendment (Firearms) amended firearms provisions; changes took effect 19 Nov 2022 or as scheduled.
• 2024: SL 2024/300 (21 Dec 2024) made further firearms‑related changes, inserting r 5A (dealing with firearms seized under s 62B(2)(c) and (4)) and amending r 5. The compilation notes commencement in 2025 for parts of this instrument (commencement 31 Mar 2025 for certain provisions).
• 2025: SL 2025/29 (5 Feb 2025) made further amendments; the compilation table records commencement 6 Feb 2025 for most provisions and identifies r 10 amendments in the marginal note.

Textual insertions and deletions recorded in the Regulations

• Part 2A (Explosives) was inserted by SL 2020/258 and comprises regs 5C-5E. The text shows these provisions and references to the Chief Dangerous Goods Officer and related explosives procedures.
• r 5A and r 5B are later insertions addressing the handling of seized items (r 5A inserted: SL 2024/300 r 8; r 5B inserted: Gazette 26 Nov 2004 p. 5261). r 5A brings application of the Criminal and Found Property Disposal Act 2006 to certain firearms seizures.
• Several older forms (Forms 1-9 and others) were deleted in later amendments, and Form 10 (Police order) was inserted and updated (Form 10 inserted: Gazette 4 May 2012; amended 7 Feb 2017; 24 Nov 2017).
• The Regulations show deletions: for example, r 6 (original) was deleted (Gazette 7 Feb 2017 p. 1164), r 10A was deleted (SL 2020/258 r 6), and other forms were removed in 2017.

Practical implications of amendment history

• The incremental amendments show a steady evolution towards detailed operational prescription for firearms and explosives surrender and disposal, and towards clarifying substituted service and oral service options (particularly in 2020 and 2024 amendments).
• The 2020 amendments (SL 2020/63 and SL 2020/258) introduced pandemic/urgent practice flexibilities (r 9B) and created a separate explosives handling Part (Part 2A), reflecting an increased regulatory focus on explosive materials.
• The 2024/2025 amendments modify the interaction with the Firearms Act 2024 and with found property disposal laws, indicating a legislative decision to align the restraining order regime with updated firearms regulation and property disposal practices (r 5 amended and r 5A inserted by SL 2024/300; see compilation notes that these changes have staged commencements).

The compilation table in the Regulations records the above instruments and commencement dates, and the text contains marginal notes indicating when provisions were inserted or deleted. Practitioners must therefore check commencement dates in the compilation table (and any subsequent reprints) to determine which amendments are in force at a particular time. The Regulations themselves contain the marginal notes that identify the amending instrument for each inserted or amended regulation.

The Regulations as compiled do not contain any cited case law or judicial decisions. The text and compilation table list enactment and amendment instruments but do not record judicial interpretations or litigation concerning their application. The Schedule and marginal notes set out the legislative history and commencement dates, but there is no internal litigation history section in the Regulations.

Practical points for users seeking litigation precedent

• The absence of reported cases or judicial commentary within the Regulation text does not mean there are no judicial decisions interpreting the Restraining Orders Act 1997 or these Regulations; it means the Regulations themselves do not include case citations. Any litigation that engages these Regulations will typically be reported under the Restraining Orders Act or in the general body of criminal and administrative case law.
• Key areas where litigation might arise, and which practitioners should check for case law, include: (a) the legality and sufficiency of substituted or oral service practices under rr 9A and 9B; (b) the adequacy of police or registrar record‑keeping when service is contested; (c) disputes about the Commissioner of Police's exercise of discretion under r 5(2)(b) not to return firearms for reasons under the Firearms Act 2024; and (d) disputes about the Chief Dangerous Goods Officer’s decisions under r 5E(2) and reg 164 of the Dangerous Goods Safety (Explosives) Regulations 2007.
• Practitioners should search court databases, including the Western Australia Courts website, AustLII and other reporting services, for cases that mention specific regulations (for example, "Restraining Orders Regulations 1997 r 4", "r 9B", "s 62B") or relevant Act sections cited in the Regulations (e.g. references to s 14, s 62E, s 49A, s 53A, s 55, s 60). Decisions may appear in criminal proceedings, evidence rulings, bail matters or administrative law challenges concerning return/disposal decisions.
• For enforcement actions (prosecution for breach of a police order), precedents will typically rely on proof of service. The Regulations prescribe evidentiary records that support such prosecutions (certificate of service forms in Schedule 1 Form 10 Part B; registrar records and police notifications under r 9A; senior officer record‑keeping under r 9B). Case law on the adequacy of these records will be instructive.

Because the Regulations refer extensively to the Restraining Orders Act 1997 and to other statutes (Firearms Act 2024; Weapons Act 1999; Criminal and Found Property Disposal Act 2006; Dangerous Goods Safety Act 2004 and its explosives regulations), litigation that tests inter‑agency discretion (for example, the Commissioner of Police's return/refusal decisions) may also involve judicial consideration of those other statutes. Practitioners should therefore supplement searches of this instrument with case law searches under the relevant specialist Acts.

In sum, the Regulations themselves do not supply a litigation history. For practical litigation or appellate work, one must consult court databases and reported decisions applying the Act and these Regulations on matters such as service, custody, return and disposal of weapons and explosives, and procedural fairness in registry corrections and child witness directions.

The Regulations contain specific procedural and timing traps that can have material consequences in enforcement, custody, evidentiary sufficiency and licence return decisions. The following are concrete operational "gotchas" drawn from the text; each is grounded in the relevant regulation.

Timeframes for surrender and custody

• Immediate surrender vs 24‑hour rule for firearms (r 4): If a restrained person is served while physically holding a firearm item or firearms authorisation the item/authorisation must be given to the police officer immediately (r 4(2)). If the item/authorisation is at another place that the police can reasonably accompany the person to, the restrained person must immediately go with the officer and hand it over (r 4(3)). In any other case there is a 24‑hour deadline to give the item/authorisation to the nearest police station (r 4(4)). Failure to observe the precise circumstances that trigger immediate surrender versus the 24‑hour window can affect enforcement or give rise to allegations of non‑compliance.
• Explosives timeframe differs (r 5D): Explosives or explosives licences must be surrendered to the Chief Dangerous Goods Officer within 36 hours (r 5D(2)). Practitioners should not assume the firearms 24‑hour rule applies to explosives , the rules are different and the receiving agency differs.

Co‑licensee possession exception (r 4(5))

• A restrained person does not have to surrender a firearm item if it is in the actual physical possession of a co‑licensee, but must surrender the firearms authorisation (r 4(5)). This split between the physical object and the authorisation can create practical and legal complications: enforcement officers may be handed an authorisation without the item, and the Commissioner of Police will hold the authorisation and must determine return/disposition under the Firearms Act 2024 (r 5(2)(b)). The co‑licensee's rights and obligations under the Firearms Act may be determinative, but the Regulations leave that process to the Firearms Act framework.

Record‑keeping and evidentiary requirements for substituted service (r 9B, r 9A)

• Substituted service of FVROs without a court order is conditional on multiple unsuccessful attempts and senior officer approval (r 9B(2)(a)-(b)). Failure to maintain the records required of the senior officer (r 9B(4)) can jeopardise the legality of substituted service and hence any subsequent prosecution for breach. Where emergency powers apply under the Emergency Management Act 2005 s 56 the two‑attempt requirement is suspended (r 9B(3)), but this is conditional on a declared state of emergency , do not assume exceptions apply outside such a declaration.
• Applications for oral or substituted service must specify previous attempts and deliberate avoidance (r 9A(3)); incomplete descriptions of prior attempts can lead to refusal of substituted service authorisations.

Registrar and court notification obligations (r 9A, r 6A)

• After a police officer effects oral service in accordance with an order under s 55(2) or 60(1), the police officer must notify the court and the court must post a copy of the order to the last known residential address (r 9A(4)-(5)). Failure to effect the required notification or to post the copy can be raised in subsequent breach proceedings as a defect in service.

Interplay with Firearms Act 2024 and discretion to refuse return (r 5(2)(b))

• The Commissioner of Police need not return a firearm item or firearms authorisation if not satisfied about lawful possession under the Firearms Act 2024 (r 5(2)(b)). This creates a significant administrative discretion point: even where a restraining order ceases, a person may not automatically regain possession if licensing conditions are not satisfied. Practitioners should anticipate licensing reviews and potential revocation or non‑return outcomes.

Disposal timelines and what counts as "reclaimed" (r 5(3)-(4), r 5E(3))

• If, after a restraining order ceases, a firearm item is not reclaimed within one month or if no person entitled to lawful possession can be identified, the Commissioner may deal with the firearm under the Firearms Act disposal provisions (r 5(3)-(4)). For explosives licences held by the Chief Dangerous Goods Officer, the unclaimed licence may be treated as surrendered under the Explosives Regulations after one month (r 5E(3)). Practitioners should ensure timely reclamation procedures where clients expect reinstatement of licensed possession.

National recognition and cross‑jurisdictional consequences on Form 10

• Form 10 contains statements that police orders are "nationally recognised" and immediately enforceable throughout Australia, and that breaches outside WA will attract penalties of the jurisdiction where the breach occurred (Form 10 Parts C and D). The practical gotcha is that a restrained person may be unaware of out‑of‑state enforcement exposure, and counsel should ensure clients understand cross‑jurisdictional consequences.

Property recovery negotiation obligations (r 14)

• The Regulations require the person seeking to recover property to “negotiate a mutually convenient time” with someone who has lawful access and to recover property accordingly where agreement is reached (r 14(2)-(3)). If negotiation fails, police assistance may be sought (r 14(4)). A practical hazard is trying to self‑enforce recovery without negotiation and without police assistance , that can create conflict with the terms of the FVRO/VRO and potential criminal exposure.

Information sharing and privacy trade‑offs (r 14A, r 15)

• r 15 prescribes quite detailed categories of personal information that may be exchanged for FVRO and VRO purposes, including ethnicity and other identifiers (r 15(a)). Practitioners need to consider privacy and record sensitivity in the management of such data and to be alert to inter‑jurisdictional data transfer protocols, particularly where Commonwealth agencies such as the ACC are involved (r 14A).

Practical drafting and form compliance (r 3)

• r 3 allows "substantial compliance" with prescribed forms. While this affords flexibility, it is also a potential risk: where compliance is borderline the court may find service or application defective. Use the prescribed form where practical and ensure required parts are completed.

Absence of litigation history in the Regulations

• The Regulations do not summarise legal challenges or court decisions interpreting the regulations. Practitioners should not assume settled interpretation where the Regulations are silent; instead, they should seek case law on disputed practical points such as sufficiency of substituted/oral service records and the Commissioner’s exercise of Firearms Act discretion.

Overall, the "gotchas" are concrete: timing windows for surrender and reclaim, record keeping for substituted service, interplay of physical possession and authorisation, and procedural steps that underpin enforcement actions. Operational compliance requires strict adherence to these procedural steps and early coordination with specialist regulators (Commissioner of Police, Chief Dangerous Goods Officer) when weapons or explosives are involved.

The Regulations prescribe discrete procedural steps and timeframes. Compliance requires clear checklists for police, restrained persons, co‑licensees, registrars, and specialist agencies. The following is a practical compliance checklist synthesised from the Regulations, with the regulatory references noted for each step.

For police officers and police agencies

• Service and immediate surrender (r 4, r 10, Schedule 1 Form 10):

  • When making personal/oral service of a restraining order that requires surrender of a firearm item or firearms authorisation, ascertain whether the restrained person has the firearm item or authorisation in physical possession at the time the order is served (r 4(2)). If so, require immediate handover and record the handover on the Form 10 certificate of service (Schedule 1 Form 10 Part B).
  • If the firearm item/authorisation is at a location the officer can reasonably accompany the restrained person to, have the restrained person accompany the officer and secure immediate handover (r 4(3)).
  • If neither of the above apply, inform the restrained person they must deliver the item/authorisation to the police station nearest its location as soon as practicable and in any event within 24 hours of service (r 4(4)). Record the time of service and the advised surrender deadline on the service record.
  • For explosives orders, instruct the restrained person to deliver explosives or an explosives licence to the Chief Dangerous Goods Officer as soon as reasonably practicable and within 36 hours (r 5D(2)). Provide contact details or facilitate transfer where practicable.
  • Use the prescribed Form 10 for police orders, completing the certificate of service section, and ensure the protected person and person bound receive the copies required by Schedule 1. Ensure the national recognition and penalty notices on the form are included (Form 10 Parts C-D).

• Substituted and oral service applications (rr 9A, 9B):

  • If personal service fails and substituted or oral service is sought under s 55(2) or s 60(1) of the Act, prepare an application to the registrar or court listing all previous attempts and any deliberate avoidance (r 9A(1)-(3)). The application must be made by a police officer (r 9A(2)).
  • For FVROs where substituted service without a court order is to be effected under r 9B, ensure at least two unsuccessful attempts in addition to the latest attempt have been made unless a state of emergency is in force (r 9B(2)(a), (3)). Obtain senior officer approval (r 9B(2)(b)) and keep a written record of attempts and the approval (r 9B(4)). Effect substituted service via oral service under s 55(5)-(7) as directed (r 9B(5)).
  • After oral service, notify the court of the service in accordance with applicable rules of court, and the court will post a copy to the last known residential address (r 9A(4)-(5)).

• Custody and disposal (r 5, r 5A, r 5B):

  • Secure surrendered or seized firearm items and authorisations and deliver them into safe custody under the Commissioner of Police (r 5(1)). Clearly label and log custody entry, including reference to the restraining order and any Act sections cited in the seizure or surrender paperwork.
  • For firearms seized under s 62B(2)(c), follow the Criminal and Found Property Disposal Act 2006 pathway (r 5A). For other weapons, follow sections 15-18 of the Weapons Act 1999 (r 5B). Liaise early with the Commissioner’s firearms disposal officers and with weapons disposal officers to ensure chain of custody and compliance with disposal timelines.

For restrained persons and their legal advisors

• Surrender obligations and timelines (r 4, r 5D):

  • If served with an order requiring surrender of firearm items or authorisations, comply immediately per r 4. If you believe a co‑licensee physically possesses the firearm item, inform the officer and surrender the authorisation; seek legal advice on the status of co‑licensee possession under the Firearms Act 2024 (r 4(5)).
  • For explosives orders, deliver explosives or licences to the Chief Dangerous Goods Officer within 36 hours of service (r 5D(2)). If the explosives order specifies a longer period, follow the order.
  • Keep proof of surrender (receipt, custody logs) and obtain copies of custody records from the receiving agency (police or Chief Dangerous Goods Officer) for later reclaim or licensing applications.

• Reclaim and licensing considerations (r 5(1)-(4), r 5E(2)-(3)):

  • After the restraining order ceases, promptly apply to reclaim items if eligible. Expect the Commissioner of Police to assess lawful possession under the Firearms Act 2024 (r 5(2)(b)). If not satisfied, the Commissioner may retain or dispose of items in accordance with the Firearms Act (r 5(3)-(4)). For explosives licences, the Chief Dangerous Goods Officer must have regard to reg 164 of the Dangerous Goods Safety (Explosives) Regulations 2007 before return (r 5E(2)).
  • Reclaim promptly within one month if possible; otherwise disposal pathways under the Firearms Act or explosives regulations may be triggered (r 5(3), r 5E(3)).

For registrars and courts

• Records and notices (rr 6A, 6D, 8-9, 9A(5)):
  • For correction applications under s 49A, hear the application in the absence of the other party unless the court orders otherwise (r 6A(2)-(3)). If the application proceeds with notice, the registrar must fix a hearing and summon both parties, and ensure corrected orders are served on all persons specified in r 6A(5) and placed on court records.
  • Certify presence where a person bound was present when the order was made (r 6D).
  • When an order is made during a bail hearing by a judicial officer sitting other than as a court, ensure the written record is received and placed in the court in which the restrained person is bailed to appear, and ensure confirmation where fax transmission is used (r 8(2)-(4)).
  • After notification from a police officer that oral service has been effected, post a copy of the order to the last known residential address (r 9A(5)).

For the Commissioner of Police and Chief Dangerous Goods Officer

• Custody procedures and return assessments (r 5, r 5E):
  • Maintain secure storage for surrendered or seized firearms, authorisations and explosives and log custody entries including the restraining order reference, date and nature of surrender/seizure (r 5(1), r 5E(1)).
  • Prior to returning firearms or explosives licences, evaluate lawful possession and applicable licensing criteria under the Firearms Act 2024 and the Dangerous Goods Safety (Explosives) Regulations 2007 reg 164 (r 5(2)(b), r 5E(2)). Document decisions and grounds for non‑return, and inform applicants of remedies or review options where relevant.

For persons recovering property under FVRO/VRO (r 13-14)

• Negotiation and police assistance:
  • Attempt to negotiate a mutually convenient time with a person who has lawful access and, if agreement is reached, recover property at that agreed time (r 14(2)-(3)). Keep written records of attempts to negotiate and any agreements reached.
  • If negotiation fails or the terms of the order prevent private retrieval, seek police assistance rather than attempting forcible entry or self‑help (r 14(4)). Police assistance can help avoid breach of order or criminal exposure.

Information sharing and privacy compliance (rr 14A, 15)

• Where agencies exchange prescribed information, ensure that disclosure is limited to the categories specified in r 15 and to prescribed persons in r 14A. Maintain records of disclosures and the statutory basis for each, consistent with agency privacy obligations and record retention requirements.

Interstate registration (r 12)

• When seeking registration of an interstate order, prepare the original interstate order or a certified true copy by the issuing court and collate evidence of effective service on the person bound as the registrar may require (r 12). Early liaison with the registrar can confirm what constitutes acceptable evidence of effective service.

Practical documentation essentials

• Use the prescribed forms where available (r 3). Where documents depart from the prescribed form, ensure substantial compliance and retain copies. Ensure certificates of service (Form 10 Part B) are completed and signed where police orders are served.
• For substituted service or oral service, maintain contemporaneous statements of attempts, contact details for witnesses, and a clear chain of custody for surrendered items, and retain senior officer approvals where required (r 9B(4)).

Final practical checklist (by actor)

• Police: complete Form 10, effect immediate surrender where required, log custody, apply for substituted service only after documenting attempts, obtain senior officer approval where needed, notify court after oral service.
• Restrained person: comply with immediate surrender requirements, retain receipts/records, apply promptly for reclaim and licensing review post‑order, seek legal advice before any action on co‑licensee property.
• Registrars/courts: place written records on court file, post copies after oral service, fix hearings and serve corrected orders, certify presence where required.
• Commissioner/Chief Dangerous Goods Officer: secure custody, apply licensing and explosives regulations before return, treat unclaimed items per statutory disposal rules after one month.
• Lawyers/compliance officers: prepare to prove service and custody records in any breach proceedings; anticipate licensing assessments under Firearms Act and Dangerous Goods regulatory rules.

Adhering to the precise procedural steps and timeframes in the Regulations and coordinating with the specialist agencies identified (Commissioner of Police, Chief Dangerous Goods Officer) will materially reduce compliance risk and support enforcement or reclaim outcomes.