Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 10F

10F .         Matters to be considered by court generally

        (1)         When considering whether to make an FVRO and the terms of the order, a court is to have regard to the following —

            (a)         the need to ensure that the person seeking to be protected is protected from family violence;

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

            (c)         the 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)         the accommodation needs of the respondent and the person seeking to be protected;

            (e)         the past history of the respondent and the person seeking to be protected with respect to applications under this Act, whether in relation to the same act or persons as are before the court or not;

            (f)         hardship that may be caused to the respondent if the order is made;

            (g)         any family orders;

            (h)         other current legal proceedings involving the respondent or the person seeking to be protected;

                  (i)         any criminal convictions of the respondent;

            (j)         any police orders made against the respondent;

            (k)         any previous similar behaviour of the respondent whether in relation to the person seeking to be protected or otherwise;

            (l)         any police incident reports relating to the respondent;

            (m)         any risk assessment, or risk-relevant information, relating to the relationship between the respondent and the person seeking to be protected;

            (n)         any other matters the court considers relevant.

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

        (3)         In having regard to the matters set out in subsection (1)(e), a past history of applications under this Act is not to be regarded in itself as sufficient to give rise to any presumption as to the merits of the application.

        (4)         The Commissioner of Police, is, where practicable, to provide to a court any information in the possession of the Police Force of Western Australia referred to in subsection (1)(i), (j) or (l) that is relevant to a matter before the court.

        (5)         The information is to be provided in the form of a certificate signed by —

            (a)         a police officer of or above the rank of sergeant; or

            (b)         a person —

                  (i)         employed or engaged in the department of the Public Service principally assisting the Minister in the administration of the Police Act 1892 ; and

                  (ii)         approved by the Commissioner of Police for the purposes of this subsection.

        (6)         The certificate is prima facie evidence of the matters specified in it, without proof of the signature of the person purporting to have signed it or proof that the purported signatory was a police officer of or above the rank of sergeant or a person referred to in subsection (5)(b), as the case requires.

        (7)         In addition to subsections (3) to (6), the court may have regard to any of its own records for the purposes of subsection (1).

        (8)         Records referred to in subsection (7) are taken to be proof of their contents in the absence of evidence to the contrary.

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