Australian Capital Territory Consolidated Acts

DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2001

TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTORY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   4A.     Offences against Act—application of Criminal Code etc  

   PART 2--OBJECTS, PRINCIPLES AND GENERAL CONCEPTS

   5.      Objects  
   6.      Principles for making protection orders  
   7.      Principle about procedures  
   8.      What may someone do under this Act?  
   9.      What is domestic violence etc?  
   10.     What is personal violence?  
   10A.    Who is a relative?  

   PART 3--APPLICATIONS

   11.     Who may apply for certain non-emergency orders?  
   12.     Applications by people with legal disability  
   13.     Who may apply to amend or revoke protection order?  
   14.     Application forms that require aggrieved person's address  
   15.     Registrar sets return date  
   16.     Service of application  
   17.     Registrar may adjourn proceedings etc  
   18.     Preliminary conferences  
   18A.    Referral to mediation  

   PART 4--ORDERS GENERALLY

   19.     What level of satisfaction is required for pt 5, pt 6 and  
   20.     What kinds of conduct does protection order restrain?  
   21.     Does protection order cover conduct outside ACT?  
   22.     What if application made for wrong order?  
   23.     What if application for wrong order decided?  
   24.     Explaining orders if respondent present  
   25.     Explaining orders if aggrieved person present  
   26.     Reasons for order  
   27.     Orders generally not to include aggrieved person's address  
   28.     Prohibitions or conditions may be shorter  
   29.     Consent orders  
   30.     Consent orders and parties with legal disability  
   30A.    Application by respondent for leave to apply for amendment or  
   31.     Amendment or revocation generally  
   32.     This Act and Children and Young People Act  
   33.     Service of non-emergency orders  
   34.     Offence for contravention of protection order  

   PART 5--FINAL ORDERS

           Division 5.1--Final orders generally

   35.     Length of final domestic violence orders  
   36.     Length of final personal protection orders  
   37.     Extension of final orders  
   38.     Firearms and final orders  
   39.     Recommendations for counselling etc  

           Division 5.2--Final orders other than workplace orders

   40.     What are grounds for making final order (other than workplace  
   41.     What must court consider before making final order other than workplace  
   42.     What final orders (other than workplace orders) may contain  

           Division 5.3--Workplace orders

   42A.    Definitions  
   43.     Effect of availability of workplace orders  
   44.     What is personal violence for workplace?  
   45.     What are grounds for making workplace order?  
   46.     What must court consider before making workplace order?  
   47.     What workplace orders may contain  

   PART 6--INTERIM ORDERS

   48.     When can interim order be made?  
   49.     Grounds for making interim order  
   50.     What must court consider?  
   51.     What interim orders may contain  
   51A.    What if respondent objects to interim order made when not  
   52.     Length of interim orders not by consent  
   53.     End of interim orders  
   54.     Length of interim orders by consent  
   55.     What if interim order would expire before final order served?  
   56.     Service of application for interim order unnecessary  
   57.     Firearms and interim orders  
   58.     Extension of interim orders  
   59.     May further interim order be made?  
   60.     When may registrar extend interim order?  

   PART 7--EMERGENCY ORDERS

   61.     Who may apply for emergency order?  
   62.     When may emergency order be made?  
   63.     How can application for emergency order be made?  
   64.     What should judicial officers consider in making emergency  
   65.     Emergency orders  
   66.     Action on refusing order  
   67.     Records  
   68.     Detention of person against whom protection order sought  
   69.     What emergency order may contain  
   70.     Length of emergency orders  
   71.     Emergency amendment or revocation of emergency orders  
   72.     Non-emergency amendment or revocation of emergency orders  
   73.     Firearms and emergency orders  
   74.     Service of emergency orders  
   75.     Police required to explain emergency order served  
   76.     Recording reasons if emergency order not applied for  

   PART 8--REVIEW

   77.     Review of consent orders  
   78.     Appealable decisions  
   79.     When can someone appeal to Supreme Court?  
   80.     Giving notice of appeal  
   81.     Evidence on appeal  
   82.     Powers of Supreme Court on appeal  
   83.     Effect of filing appeal  

   PART 9--RECIPROCAL ARRANGEMENTS

   84.     Definitions for pt 9  
   85.     Application for registration of recognised order  
   86.     Registration  
   87.     Effect of registration  
   88.     Amendment of registered order  
   89.     Revocation of recognised order  
   90.     Amendment of recognised order  
   91.     Notification by interstate court of registration  
   92.     Evidence of registered order  

   PART 10--ADMINISTRATION

   93.     Authorisation of registrar  
   94.     Deputy registrar and preliminary conferences  
   95.     Recovery of certain expenses  

   PART 11--SERVICE

   97.     If personal service not required  
   98.     If service impracticable or impossible  
   99.     Service of documents by police  

   PART 12--PUBLIC ACCESS AND PUBLICATION

   100.    Restriction on publication of reports about proceedings  
   101.    Limits of restriction on publication about proceedings  

   PART 13--MISCELLANEOUS

   102.    Deciding application if criminal proceedings  
   103.    Crimes Act, s 397 (1)  
   104.    Working out time if less than 5 days  
   105.    Directions about procedure  
   106.    Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES