Western Australian Current Acts Western Australian Current Acts (1) In this section
—
prisoner means a person committed to prison for
punishment, or on remand, or for trial, safe custody, or otherwise.
(2) Unless varied or
cancelled under Part 5, a final order that is an FVRO made against a
respondent who is not a prisoner remains in force for —
(a) in
the case of an order made at a final order hearing or under section 10H
—
(i)
the period (of whatever duration) specified in the order
from the date on which the final order came into force; or
(ii)
if no period is specified, 2 years from the date on which
the final order came into force;
and
(b) in
the case of a telephone order which became a final order under section 32
— 3 months from when the telephone order came into force or such shorter
period as is specified in that order; and
(c) in
the case of any other interim order which becomes a final order under
section 32 —
(i)
the period (of whatever duration) specified in it from
the date on which the interim order came into force; or
(ii)
if no period is specified, 2 years from the date on which
the interim order came into force.
(3) Unless varied or
cancelled under Part 5, a final order that is an FVRO made against a
respondent who is a prisoner at the time of service of the order remains in
force from the date on which the final order comes into force for a period of
—
(a) in
the case of an order made at a final order hearing or under section 10H, or
any interim order which becomes a final order under section 32 — 2
years, or such longer period as is specified in that order, from when the
respondent is released from prison; and
(b) in
the case of a telephone order which became a final order under section 32
— 3 months, or such shorter period as is specified in that order, from
when the respondent is released from prison.
[(4) deleted]
(5) In specifying a
period for which an FVRO remains in force, the court must have regard to the
following —
(a) that
the safety of the person protected is paramount;
(b) any
assessment by the applicant or person protected of the risk of family violence
being committed by the respondent.
(6) In specifying a
period for which an FVRO remains in force, the court may also take into
account any matters raised by the respondent that are relevant to the duration
of the order.
(7) Nothing in this
section affects the operation of section 50A.
[Section 16A inserted: No. 49 of 2016 s. 26;
amended: No. 30 of 2020 s. 60.]