RESTRAINING ORDERS REGULATIONS 1997

Western Australian Current Regulations

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RESTRAINING ORDERS REGULATIONS 1997 - SCHEDULE 1

[r. 3]

[Heading inserted: Gazette 26 Nov 2004 p. 5267.]

[Forms 1‑9 deleted: Gazette 7 Feb 2017 p. 1167.]

Form 10 — Police order

Part A — Police order

Restraining Orders Act 1997 Part 2A Division 3A
Police Order

Person who is bound by this order

Family name:

Date of birth:

Other names:

Home street:
address: suburb: postcode:

Work street:
address: suburb: postcode:

Phone nos.: work: home: mobile:

Person protected

Family name:

Date of birth:

Other names:

Terms of the order

Order made

Date order made:

Time order made:

Order expires

This order will expire at a.m./p.m. on the day of 20
[Note that this order cannot remain in force for a period longer than 72 hours after it has been served.]

Issuing police officer

Name and other identifying information:

Signature:

THIS IS A NATIONALLY RECOGNISED ORDER

Form 10 — Police order

Part B — Information to be on the proof of service copy

Certificate of Service

Person served
[Person who is bound by the order]

Name:

Date of birth:

Signature:

Details of Service

Place where order served:

Date of service:

Time of service:

Officer servicing order

Name and other identifying information:

I certify that on the day and at the time and place set out above:
❒ I personally served this order on the person bound by this order.
❒ I gave the explanation required by the Restraining Orders Act 1997 section 30E(3)to the person bound by this order and the person protected by this order.

Signature:
Date:

ISSUING POLICE OFFICER

IMPORTANT INFORMATION: ORDERS AGAINST CHILDREN

Note that the Restraining Orders Act 1997 section 30D reads as follows:

30D. Police orders against children

(1) A police order cannot impose restraints on a child unless the child is in a family relationship with the person for whose benefit the order is made.

(2) A police officer must not make a police order against a child that might affect the care and wellbeing of the child unless the police officer is satisfied that appropriate arrangements have been made for the care and wellbeing of the child.

Form 10 — Police order

Part C — Information to be on the copy of order given to the person bound by a police order

PERSON BOUND BY THIS ORDER

IMPORTANT INFORMATION

This is a police order which has been made against you.
In this police order you are referred to as the person who is bound by this order.
This police order came into force when it was served on you.
You must comply with the terms of this order until it expires.
The date and time of expiry are written on the front of this order.
The terms of this police order are written on the front of this order. You should read the terms carefully so that you are aware of the restraints that have been imposed on you — this means that you are not to do certain things.
This police order has been issued to —

ensure that a person is protected from family violence; or

prevent behaviour that could reasonably be expected to cause a person to apprehend that family violence will be committed against them; or

ensure that children are not exposed to family violence.

A child is exposed to family violence if the child sees or hears the violence or otherwise experiences the effects of family violence, for example, cleaning up a site after property damage.

When this nationally recognised police order was served on you it became immediately enforceable in all Australian States, the Northern Territory and the Australian Capital Territory under a national recognition scheme for domestic violence orders. If you breach this order when you are in Australia but outside Western Australia, you will be subject to the penalties that apply in the jurisdiction in which the breach occurred.

Penalty: It is an offence to breach a police order. If you breach this order you may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both. If you breach the order in the presence of a child with whom you are in a family and domestic relationship (eg. your child, your partner’s child or a child who ordinarily resides with you) the court sentencing you may consider this an aggravating factor.

Note 1: If you are convicted of breaching this order, the fact that the person protected by the order aided you in the breach is not a mitigating factor for the purposes of your sentencing (see the Restraining Orders Act 1997 section 61B(2)).

Note 2: If you are convicted of breaching this order and you have been convicted of at least 2 other offences under the Restraining Orders Act 1997 section 61(1) or (2a) within the period of 2 years before your conviction for breaching this order, you will face a penalty that is or includes imprisonment (or, if you are a child, detention) unless the court decides under section 61A(6) of the Act not to impose such a penalty.

Counselling and support services may be of assistance to you.

Any police officer may serve this order.

Form 10 — Police order

Part D — Information to be on the copy of a police order given to a person protected by a police order

IMPORTANT INFORMATION

FOR PERSON PROTECTED BY A POLICE ORDER

This is a police order which has been made for your benefit.
In this police order you are referred to as the person protected.
This police order came into force when it was served on the person who is bound by the order.
The person bound by this order must comply with the terms of this order until it expires.
The date and time of expiry are written on the front of this order.
The terms of this police order are written on the front of this order. You should read the terms carefully so that you are aware of the restraints that have been imposed to protect you.
This police order has been issued to —

ensure that a person is protected from family violence; or

prevent behaviour that could reasonably be expected to cause a person to apprehend that family violence will be committed against them; or

ensure that children are not exposed to family violence.

A child is exposed to family violence if the child sees or hears the violence or otherwise experiences the effects of family violence, for example, cleaning up a site after property damage.
The person bound by this order commits an offence if he or she fails to comply with this order.

You must not —
invite or encourage the person bound by this order to breach this order; or
by your actions cause the person bound by this order to breach the order.

When this nationally recognised police order was served on the person who is bound by this order it became immediately enforceable in all Australian States, the Northern Territory and the Australian Capital Territory under a national recognition scheme for domestic violence orders. If the person who is bound by this order breaches this order when the person is in Australia but outside Western Australia, the person will be subject to the penalties that apply in the jurisdiction in which the breach occurred.

Penalty: It is an offence to breach a police order. If the person bound by this order breaches this order he or she may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

Note 1: If the person bound by this order breaches it and you aid the person in that breach, you will not commit an offence however the court might decide to vary or cancel the order (see the Restraining Orders Act 1997 section 61B(3) and (4)).

Note 2: If the person who is bound by this order is convicted of breaching this order and the person has been convicted of at least 2 other offences under the Restraining Orders Act 1997 section 61(1) or (2a) within the period of 2 years before the conviction for breaching this order, the person will face a penalty that is or includes imprisonment (or, if the person is a child, detention) unless the court decides under section 61A(6) of the Act not to impose such a penalty.

Counselling and support services may be of assistance to you.

Any police officer may serve this order.

[Form 10 inserted: Gazette 4 May 2012 p. 1856-9; amended: Gazette 7 Feb 2017 p. 1167‑8; 24 Nov 2017 p. 5678‑9.]

[Forms 11‑13, 14A and 14 deleted: Gazette 7 Feb 2017 p. 1167.]

Notes

This is a compilation of the Restraining Orders Regulations 1997 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation

Published

Commencement

Restraining Orders Regulations 1997

12 Sep 1997 p. 5079‑146 (correction 16 Sep 1997 p. 5235)

15 Sep 1997 (see r. 2 and Gazette 12 Sep 1997 p. 5149)

Restraining Orders Amendment Regulations 1998

27 Mar 1998 p. 1714

27 Mar 1998

Restraining Orders Amendment Regulations (No. 2) 2001

8 Jan 2002 p. 32‑3

8 Jan 2002

Reprint 1: The Restraining Orders Regulations 1997 as at 13 Feb 2004
(includes amendments listed above)

Restraining Orders Amendment Regulations 2004

26 Nov 2004 p. 5257‑305

1 Dec 2004 (see r. 2)

Reprint 2: The Restraining Orders Regulations 1997 as at 16 Mar 2007
(includes amendments listed above)

Restraining Orders Amendment Regulations 2007

31 Jul 2007 p. 3800‑2

r. 1 and 2: 31 Jul 2007 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b))

Restraining Orders Amendment Regulations 2009

12 Jan 2010 p. 55-6

r. 1 and 2: 12 Jan 2010 (see r. 2(a));
Regulations other than r. 1 and 2: 13 Jan 2010 (see r. 2(b))

Restraining Orders Amendment Regulations 2012

4 May 2012 p. 1847-60

r. 1 and 2: 4 May 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 5 May 2012 (see r. 2(b))

Reprint 3: The Restraining Orders Regulations 1997 as at 6 Jul 2012
(includes amendments listed above)

Restraining Orders Amendment Regulations 2017

7 Feb 2017 p. 1164‑8

r. 1 and 2: 7 Feb 2017 (see r. 2(a));
r. 17: 8 Feb 2017 (see r. 2(b));
r. 3-16, 18 and 19: 1 Jul 2017 (see r. 2(c) and Gazette 7 Feb 2017 p. 1157)

Restraining Orders Amendment Regulations (No. 2) 2017

24 Nov 2017 p. 5678‑9

r. 1 and 2: 24 Nov 2017 (see r. 2(a));
Regulations other than r. 1 and 2: 25 Nov 2017 (see r. 2(b) and Gazette 24 Nov 2017 p. 5671)

Restraining Orders Amendment Regulations 2020

SL 2020/63 22 May 2020

r. 1 and 2: 22 May 2020 (see r. 2(a));
Regulations other than r. 1 and 2: 23 May 2020 (see r. 2(b))

Restraining Orders Amendment Regulations (No. 2) 2020

SL 2020/258 24 Dec 2020

r. 1 and 2: 24 Dec 2020 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jan 2021 (see r. 2(b))

Restraining Orders Amendment Regulations 2022

SL 2022/146 26 Aug 2022

r. 1 and 2: 26 Aug 2022 (see r. 2(a));
Regulations other than r. 1 and 2: 27 Aug 2022 (see r. 2(b))

Attorney General Regulations Amendment (Firearms) Regulations 2022 Pt. 3

SL 2022/189 18 Nov 2022

19 Nov 2022 (see r. 2(b))

Attorney General Regulations Amendment (Firearms) Regulations 2024 Pt. 3

SL 2024/300 21 Dec 2024

31 Mar 2025 (see r. 2(b) and SL 2024/289 cl. 2)

Restraining Orders Amendment Regulations 2025

SL 2025/29 5 Feb 2025

r. 1 and 2: 5 Feb 2025 (see r. 2(a));
Regulations other than r. 1 and 2: 6 Feb 2025 (see r. 2(b))

Citation	Published	Commencement
Restraining Orders Regulations 1997	12 Sep 1997 p. 5079‑146 (correction 16 Sep 1997 p. 5235)	15 Sep 1997 (see r. 2 and Gazette 12 Sep 1997 p. 5149)
Restraining Orders Amendment Regulations 1998	27 Mar 1998 p. 1714	27 Mar 1998
Restraining Orders Amendment Regulations (No. 2) 2001	8 Jan 2002 p. 32‑3	8 Jan 2002
*Reprint 1: The Restraining Orders Regulations 1997* as at 13 Feb 2004** (includes amendments listed above)
Restraining Orders Amendment Regulations 2004	26 Nov 2004 p. 5257‑305	1 Dec 2004 (see r. 2)
*Reprint 2: The Restraining Orders Regulations 1997* as at 16 Mar 2007** (includes amendments listed above)
Restraining Orders Amendment Regulations 2007	31 Jul 2007 p. 3800‑2	r. 1 and 2: 31 Jul 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b))
Restraining Orders Amendment Regulations 2009	12 Jan 2010 p. 55-6	r. 1 and 2: 12 Jan 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Jan 2010 (see r. 2(b))
Restraining Orders Amendment Regulations 2012	4 May 2012 p. 1847-60	r. 1 and 2: 4 May 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 5 May 2012 (see r. 2(b))
*Reprint 3: The Restraining Orders Regulations 1997* as at 6 Jul 2012** (includes amendments listed above)
Restraining Orders Amendment Regulations 2017	7 Feb 2017 p. 1164‑8	r. 1 and 2: 7 Feb 2017 (see r. 2(a)); r. 17: 8 Feb 2017 (see r. 2(b)); r. 3-16, 18 and 19: 1 Jul 2017 (see r. 2(c) and Gazette 7 Feb 2017 p. 1157)
Restraining Orders Amendment Regulations (No. 2) 2017	24 Nov 2017 p. 5678‑9	r. 1 and 2: 24 Nov 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Nov 2017 (see r. 2(b) and Gazette 24 Nov 2017 p. 5671)
Restraining Orders Amendment Regulations 2020	SL 2020/63 22 May 2020	r. 1 and 2: 22 May 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 23 May 2020 (see r. 2(b))
Restraining Orders Amendment Regulations (No. 2) 2020	SL 2020/258 24 Dec 2020	r. 1 and 2: 24 Dec 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2021 (see r. 2(b))
Restraining Orders Amendment Regulations 2022	SL 2022/146 26 Aug 2022	r. 1 and 2: 26 Aug 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Aug 2022 (see r. 2(b))
Attorney General Regulations Amendment (Firearms) Regulations 2022 Pt. 3	SL 2022/189 18 Nov 2022	19 Nov 2022 (see r. 2(b))
Attorney General Regulations Amendment (Firearms) Regulations 2024 Pt. 3	SL 2024/300 21 Dec 2024	31 Mar 2025 (see r. 2(b) and SL 2024/289 cl. 2)
Restraining Orders Amendment Regulations 2025	SL 2025/29 5 Feb 2025	r. 1 and 2: 5 Feb 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Feb 2025 (see r. 2(b))

Other notes

¹ Under the Courts Legislation Amendment and Repeal Act 2004 s. 58, a reference in a written law to the court of petty sessions is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Magistrates Court. This reference was amended under the Reprints Act 1984 s. 7(5)(a).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)
Chief Dangerous Goods Officer 2A
custodial officer 10(1A)
explosives order 5C
form 2A
latest attempt 9B(2)
prison officer 10(1A)
proceedings under the Act 2A
restrained person 2A
senior officer 9B(1)

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By Authority: GEOFF O. LAWN, Government Printer

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Person who is bound by this order	Family name:		Date of birth:
	Other names:
	Home street: address: suburb: postcode:
	Work street: address: suburb: postcode:
	Phone nos.: work: home: mobile:

Person protected	Family name:			Date of birth:
	Other names:



Terms of the order

Order made	Date order made:	Time order made:
Order expires	This order will expire at a.m./p.m. on the day of 20 [Note that this order cannot remain in force for a period longer than 72 hours after it has been served.]


Issuing police officer	Name and other identifying information:
	Signature:

THIS IS A NATIONALLY RECOGNISED ORDER

Certificate of Service

Person served [Person who is bound by the order]		Name:
		Date of birth:
		Signature:

Details of Service	Place where order served:
	Date of service:		Time of service:

Officer servicing order	Name and other identifying information: I certify that on the day and at the time and place set out above: ❒ I personally served this order on the person bound by this order. ❒ I gave the explanation required by the Restraining Orders Act 1997 section 30E(3)to the person bound by this order and the person protected by this order. Signature: Date: