Australian Capital Territory Repealed Acts

This legislation has been repealed.

DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2001 (REPEALED) - SECT 46

    (1)     In deciding an application for a workplace order, the Magistrates Court must consider the following:

        (a)     the objects of this Act (in section 5) and the principles for making orders (in section 6);

        (b)     any hardship that may be caused to the respondent or anyone else because of the making of a workplace order;

        (c)     if the respondent has previously engaged in conduct that is domestic violence, personal violence or personal violence in relation to a workplace—that conduct;

        (d)     if a protection order has previously been made in relation to the respondent—the protection order;

        (e)     if the respondent has previously contravened a protection order—the contravention;

        (f)     the need to ensure that property in the workplace is protected from damage.

Note     This section does not apply to consent orders (see s 29 (2) (b)).

    (2)     The Magistrates Court may also consider anything else that is relevant.

    (3)     In subsection (1) (d) and (e):

"protection order "includes—

        (a)     an order under a law of a State, another Territory or New Zealand that has the same effect or substantially the same effect as a protection order; and

        (b)     a protection order made under the Domestic Violence Act 1986 , or a restraining order made under the Magistrates Court Act 1930 , before the commencement of this Act.