RESTRAINING ORDERS ACT 1997
Table of Provisions
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
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
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
Division 1A -- Duration of orders
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
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