Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 10B

10B .         Principles to be observed in performing functions in relation to FVROs

        (1)         In performing a function under this Act relating to FVROs, a person, court or other body must have regard to the following —

            (a)         the need to ensure that persons at risk of family violence are protected from that violence;

            (b)         the need to prevent behaviour that could reasonably be expected to cause a person to apprehend that they will have family violence committed against them;

            (c)         the particular need to ensure the wellbeing of children by protecting them from family violence, behaviour referred to in paragraph (b) or otherwise being subjected or exposed to family violence;

            (d)         that perpetrators of family violence are solely responsible for that violence and its impact on others and should be held accountable accordingly;

            (e)         that complex emotional factors arising from coercion, control and fear often make it difficult for victims of family violence to report the violence or leave a family relationship in which family violence is being committed;

            (f)         the need to understand the impact of factors such as culture (including Aboriginal and Torres Strait Island culture), language, sexual orientation, gender identity, age, disability and remoteness of location in reporting family violence or leaving a family relationship in which family violence is being committed;

            (g)         that perpetrators of family violence who are children have special needs and that these must be taken into account;

            (h)         the need to identify, to the extent possible, the person or persons in a family relationship most in need of protection from family violence, including in situations where 2 or more family members are committing that violence;

                  (i)         the need to recognise that perpetrators of family violence might seek to misuse the protections available under this Act to further their violence, and the need to prevent that misuse;

            (j)         that in order to encourage victims of family violence to report that violence and seek help, proceedings under this Act should be conducted in a way that treats victims with respect and dignity and endeavours to reduce the degree to which victims might be subject to re-traumatisation during those proceedings.

        (2)         The person, court or other body is to have regard to the matters set out in subsection (1)(a), (b) and (c) as being of primary importance.

        [Section 10B inserted: No. 49 of 2016 s. 14.]