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PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 64

Consent orders

    (1)     If the parties to a proceeding for a final order, or the variation, extension or revocation of a final order, consent to the making of the order or do not oppose the making of the order, the court may make the order—

        (a)     without being satisfied as to any matter referred to in—

              (i)     section 61; or

              (ii)     in the case of a proceeding for a variation, revocation or extension of a final order, section 80 or 83; and

        (b)     whether or not the respondent admits to any or all of the particulars of the application.

    (2)     However—

        (a)     if the respondent is a child, the court may—

              (i)     make a final order to which the parties consent or have not opposed only if the court is satisfied as to all relevant matters referred to in section 61 ; or

              (ii)     in the case of a proceeding for a variation, revocation or extension of a final order, make an order varying, revoking or extending the final order to which the parties consent or have not opposed only if the court is satisfied as to all relevant matters referred to in section 80 or 83;

        (b)     if the respondent is an adult, the court may refuse to make a final order to which the parties consent or have not opposed if the court believes that in all the circumstances of the case it is not appropriate to make the order, having regard to the matters set out in section 61(2).

    (3)     If the application for the personal safety intervention order or the variation, revocation or extension of the personal safety intervention order was made with the consent of an affected person's parent or guardian, that parent or guardian is taken to be a party for the purposes of consenting to or not opposing the making of the order.

    (4)     Before making a final order or varying, revoking or extending a final order under subsection (1), the court may conduct a hearing in relation to the particulars of the application if, in the court's opinion, it is in the interests of justice to do so.

    (5)     A court may refuse to make a final order to which the parties to the proceeding have consented or have not opposed if the court believes that the order may pose a risk to the safety of one of the parties or a child of the protected person or respondent.

    (6)     Section 82 continues to apply in relation to any other person protected by the personal safety intervention order, whether or not the court decides to make an order varying, revoking or extending a final order under subsection (1).

Division 7—Conditions on personal safety intervention orders

Subdivision 1—General



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