Western Australian Current Acts Western Australian Current Acts
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Terms used: family relationship and family member
5. Term used: family order
5A. Term used: family violence
6. Term used: personal violence
6A. Term used: exposed
7. Persons protected, and bound, by order to be natural persons
7A. Orders under this Act imposing restraints
8A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
PART 1A -- Restraining orders generally
8. Explanation about orders to be given
9. Fixing a hearing
10. Preparation and service of orders
PART 1B -- Family violence restraining order
10A. Objects
10B. Principles to be observed in performing functions in relation to FVROs
10C. FVRO to specify names of person bound, and person protected, by order
10D. When FVROs may be made
10E. FVRO may be made for child in circumstances of family violence
10F. Matters to be considered by court generally
10G. Restraints on respondent
10H. Conduct agreement
PART 1C -- Behaviour management order
Division 1 -- Preliminary
10I. Terms used
10J. Objects
10K. Application of Part
Division 2 -- Eligibility assessment order
10L. Making an eligibility assessment order
10M. Order to attend behaviour change programme
10N. Effect of appeal against final order
Division 3 -- Procedures relating to behaviour management order
10O. Notice of hearings
10P. Approval of persons and of behaviour change programme
10Q. Eligibility assessor may be required to attend hearing
10R. Disputed eligibility assessment report
10S. Explanation of behaviour management orders
10T. Variation or cancellation of behaviour management orders
10U. Service of orders
Division 4 -- Other matters
10V. Respondent’s participation in behaviour change programme
10W. Respondent’s contravention of behaviour management order
10X. Confidentiality of interviews and reports
10Y. Confidentiality of behaviour change programme
10Z. Delegation
PART 2 -- Violence restraining order
11. VRO to specify names of person bound, and person protected, by order
11A. When VROs may be made
12. Matters to be considered by court generally
12A. VROs not for persons in family relationship
13. Restraints on respondent
PART 2A -- Provisions for FVRO and VRO
Division 1AA -- Additional circumstances where orders may be made
13A. Cases involving violent offences
Division 1 -- Orders relating to firearm items and explosives
14. Firearms order
14A. Explosives order
Division 1A -- Duration of orders
16. Duration of FVRO or VRO generally
16A. Duration of FVRO
16B. Duration of VRO
Division 2 -- Telephone applications
17. Authorised magistrates
18. Who can apply
19. How to make telephone application
20. When telephone application may be heard
21. How hearing to be conducted
23. Orders at telephone hearing
24. Telephone order to be prepared and served
Division 3 -- Applications in person to a court
24A. Application for FVRO
25. Application for VRO
26. Applicant to choose whether to have hearing in absence of respondent
27. Attendance at hearing in absence of respondent
28. Affidavit evidence
29. Order at hearing in absence of respondent
30. Order to be prepared and served
Division 3A -- Police officers may make police orders where family violence
30A. When police order may be made
30B. Matters to be considered by police officer generally
30C. Restraints that may be imposed
30D. Police orders against children
30E. Police order to be served and explained
30F. Duration of police orders
30H. Order not to be renewed by police officer
30I. Review of Division
Division 4 -- Procedure when interim order made
31A. Term used: respondent
31. 21 days for respondent to object
32. Respondent does not object to final order being made
33. Respondent objects to final order being made
PART 3 -- Misconduct restraining order
34. Grounds for misconduct restraining order
35. Matters to be considered by court generally
35A. MROs not for persons in family relationship
36. Restraints on respondent
37. Duration of MRO
38. Application for MRO
39. Registrar to fix hearing and issue summons
PART 4 -- Hearings and evidence
Division 1 -- Mention hearings
40. Attendance at hearing
41. Consent order or final order hearing to be fixed
Division 2 -- Final order hearings
42. Attendance at final order hearing
43. Making final order
43A. Decision under s. 42 in default of appearance may be set aside
44. Order to be prepared and served
Division 3 -- Evidence
44A. Rules of evidence not to apply in certain circumstances
44B. Access to affidavit evidence
44C. Cross-examination of certain persons
Division 4 -- Other provisions to protect applicants
44D. Support and other persons who may be present
44E. Use of closed circuit television or screening arrangements
44F. Additional provisions relating to FVROs
PART 5 -- Variation or cancellation
45. Application
45A. Application by CEO (child welfare)
46. Leave hearing
47. Registrar to issue summons
48. Attendance at hearing
48A. Ex parte application to cancel order by person protected by order
49. Variation or cancellation
49A. Correcting minor errors in restraining orders
49B. Matters to be considered by court generally
49C. Variation of application to allow a different order to be sought
PART 5A -- Conferences
49D. Special conference procedures
PART 6 -- General
Division 1 -- Children
50. No restraining orders against children under
50A. Restraining order against child not to exceed 6 months
50B. Child welfare laws not affected
50C. CEO (child welfare) to be notified before certain FVROs or VROs are made
50D. Intervention by CEO (child welfare)
51. Responsible adult to attend
52. Transfer between courts
53. Telephone order made against child
53A. Children not to give oral evidence without leave of court, other than in Children’s Court
53B. Evidence of children
53C. Child who gives evidence entitled to support
53D. Cross-examination of child by unrepresented person
53E. Admissibility of evidence of representations made by children
53F. Summonsing of children
53G. Arrangements for care and wellbeing of children bound by restraining orders
Division 2 -- Service
54. Service of summons
55. Service of restraining order
56. Delivery or notification
57. Copy of document sufficient for service
58. Proof of service
59. Service of restraining order, certain people to be notified of
60. Substituted service
Division 3 -- Breach of restraining order or police order
61. Breach of restraining order
61A. Penalty for repeated breach of restraining order
61B. Protected person aiding breach of restraining order or police order
61C. Report under s. 10V to be considered in sentencing for breach of FVRO
62. Defence
Division 3A -- Police functions
62A. Investigation of suspected family violence
62B. Entry and search of premises if family violence suspected
62C. Action to be taken by police officer after investigating suspected family violence
62D. Approval of senior officer
62E. Seizure of firearm items and explosives
62F. Detention of respondent during telephone hearing or while police order is being made
62G. Police officer may conduct hearing for applicant
Division 4 -- General
63. Making restraining orders during other proceedings
63A. FVRO or VRO made if certain violent personal offences committed
63B. Circumstances to be taken into account when sentencing for certain offences
63C. Criminal and civil liability not affected by restraining orders
63D. Court to give reasons for certain decisions
64. Appeals
65. Orders not to conflict with certain family orders
66. Information about family orders
67. Adjournments
68. Orders may be extended to apply to other people
69. Costs
70. Information on identity of certain person restricted
70A. Exchange of information
71. Notification when firearms order made
72. Practice and procedure generally
72A. Forms
73. Regulation making power
73A. Review of certain amendments relating to FVROs
PART 7 -- Interstate restraining orders
74. Terms used
74A. Interstate DVOs under Domestic Violence Orders (National Recognition) Act 2017 cannot be registered
74B. Interstate orders registered before commencement of Domestic Violence Orders (National Recognition) Act 2017
75. Application for registration of interstate order
76. Registration
77. Effect of registration
78. Variation or cancellation in another State or Territory
79. Variation or cancellation in this State
PART 7A -- Foreign restraining orders
79A. Recognition of foreign restraining orders
79B. Applying for registration of foreign restraining orders
79C. Registration of foreign restraining orders
79D. Effect of registration
79E. Variation or cancellation in foreign country
79F. Variation or cancellation in this State
Uncommenced provisions table
Other notes
Defined terms