Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
PART 2--MAIN PRINCIPLES AND CONCEPTS
6. Objects of Act
7. Principles for making protection orders
8. Principle about procedures
9. What may someone do under this Act?
10. What conduct do domestic violence orders restrain?
11. What conduct do personal protection orders restrain?
12. Do protection orders cover conduct outside ACT?
13. What is domestic violence etc?
14. What is personal violence?
15. Who is a relevant person?
15A. Who is a relative?
16. Level of satisfaction required for this Act
17. This Act and Children and Young People Act
PART 3--APPLICATIONS GENERALLY
18. Who may apply for certain non-emergency orders?
19. Party with legal disability
20. Certain children not respondents
21. Application forms that require aggrieved person's address
22. Registrar sets return date
23. Registrar may adjourn proceedings etc
24. Preliminary conferences
25. Referrals to mediation
26. Preparation for hearings in Magistrates Court
27. What if applications are made for the wrong order?
28. What if applications for the wrong order are decided?
PART 4--INTERIM ORDERS
--Division 4.1 Definitions
28A. Meaning of interim order, general interim order and special interim
28B. Meaning of related charges—Act
28C. Meaning of outstanding charges—pt 4
--Division 4.2 Making interim orders
29. Interim orders—grounds for making
30. Interim orders—only on application for final order
30A. Interim orders—general interim orders and special interim
31. Interim orders—court consideration of children
32. Interim orders—respondent with legal disability
33. Interim orders—service of application unnecessary
34. Interim orders—return date for hearing to decide final order
35. Interim orders—content
36. Interim orders—endorsement of consent or objection
40. Interim orders—respondent's firearms
--Division 4.3 General interim orders—no related charges
41. General interim orders—only one may be made
41A. General interim orders—length
41AA. General interim orders—ending
41B. General interim orders—taken to be special interim orders if related charges
41D. General interim orders—further orders
41E. General interim orders—extension of orders
41F. General interim orders—expiry before final order served
--Division 4.4 Special interim orders—related domestic violence charges outstanding
42. Meaning of outstanding related charges
42A. Special interim orders—ending
42B. Special interim orders—application not to be decided until related charges
42C. Special interim orders—final application decided
PART 5--CONSENT ORDERS
43. Consent orders
44. Consent orders—party with legal disability
45. Consent orders—length of general interim orders
PART 6--FINAL ORDERS
Division 6.1--Final orders other than workplace orders
46. Grounds for making final orders (other than workplace orders)
47. What must a court consider before making final orders other than workplace
48. What final orders (other than workplace orders) may contain
Division 6.2--Workplace orders
49. Definitions—div 6.2
50. What is personal violence for a workplace?
51. Effect of availability of workplace orders
52. Grounds for making workplace orders
53. What must a court consider before making workplace orders?
54. What workplace orders may contain
Division 6.3--Length of final orders etc
55. Length of final domestic violence orders
56. Length of final personal protection orders
57. Firearms and final orders
PART 7--AMENDMENT OF ORDERS
58. Amendment generally
59. Amendment of interim orders
60. Temporary amendment of final orders
61. Extension of general interim orders made by consent
62. Extension of final orders
PART 8--SERVICE OF NON-EMERGENCY PROTECTION ORDERS
63. Service of applications
64. Service of non-emergency protection orders
66. If personal service impracticable
67. Service of documents by police
PART 9--EMERGENCY ORDERS
68. Who may apply for emergency order?
69. When may emergency order be made?
70. How can application for emergency order be made?
71. What should judicial officers consider in making emergency
72. Emergency orders
73. Action on refusing emergency order
74. Records of proceedings
75. Detention of people against whom emergency orders sought
76. What emergency order may contain
77. Length of emergency orders
78. Emergency amendment and revocation of emergency orders
79. Non-emergency amendment and revocation of emergency orders
80. Firearms and emergency orders
81. Service of emergency orders
82. Police required to explain emergency order served
83. Recording reasons if emergency order not applied for
PART 10--OTHER PROVISIONS ABOUT PROTECTION ORDERS
84. Explaining orders if respondent present
85. Explaining orders if aggrieved person present
86. Reasons for order
87. Orders generally not to include aggrieved person's address
88. Prohibitions or conditions may be shorter
89. Recommendations for counselling etc
90. Offence for contravention of protection order
PART 11--REVIEW OF ORDERS
90A. Application for review of special interim orders
90B. Review of special interim orders
91. Application for review of particular final orders
92. Review of particular final orders
93. Application by respondent for review of order finalised under s 36
94. Review of order finalised under s 36
95. Review of consent orders
96. Appealable decisions
97. When can someone appeal to Supreme Court?
98. Giving notice of appeal
99. Evidence on appeal
100. Powers of Supreme Court on appeal
101. Effect of filing appeal
PART 12--RECIPROCAL ARRANGEMENTS
102. Definitions—pt 12
103. Applications for registration of recognised orders
104. Registration of recognised orders
105. Effect of registration
106. Amendment of registered orders
107. Revocation of registered orders
108. Amendment of recognised orders
109. Notification by interstate court of registration
PART 13--PUBLIC ACCESS AND PUBLICATION
111. Publication of reports about proceedings—offence
112. Publication of reports about proceedings—exceptions to offence
PART 14--MISCELLANEOUS
113. Deciding application if criminal proceedings
114. Crimes Act, s 397 (1)
115. Working out time if less than 5 days
116. Directions about procedure
117. Recovery of certain expenses
118. Regulation-making power
SCHEDULE 1
SCHEDULE 2
DICTIONARY
ENDNOTES