FAMILY VIOLENCE ACT 2016
Table of Provisions
PART 1--PRELIMINARY
PART 2--OBJECTS AND IMPORTANT CONCEPTS
Division 2.1--Objects
Division 2.2--Important concepts
- 8 Meaning of family violence
- 9 Meaning of family member
- 10 Meaning of intimate partner
- 11 Meaning of relative
Division 2.3--Other important matters
PART 3--FAMILY VIOLENCE ORDERS
Division 3.1--Matters to be considered when making family violence orders
Division 3.2--Applications for protection orders
- 16 Who may apply for protection orders?
- 16A Child may apply for protection order in same application as
- 16B Applications by police officers
- 17 Application forms that require affected person's address
- 18 What if application is made for the wrong order?
- 19 What if application for the wrong order is decided?
Division 3.3--Interim orders
Subdivision 3.3.1--Making interim orders- 20 Interim orders—only on application for final order
- 21 Interim orders—grounds for making
- 22 Interim orders—general interim orders and special interim orders Subdivision 3.3.2--General interim orders
- 23 General interim orders—only 1 may be made
- 24 General interim orders—length
- 25 General interim orders—ending
- 26 General interim orders—taken to be special interim orders if related charges laid
- 27 General interim orders—further orders
- 28 General interim orders—extension for non-service of
- 29 General interim orders—extension for non-service of final Subdivision 3.3.3--Special interim orders
- 30 Special interim orders—ending
- 31 Special interim orders—application not to be decided until related charges
- 32 Special interim orders—final application decided
Division 3.4--Consent orders
Division 3.5--Final orders
Division 3.6--Conditions of family violence orders
- 36 Safety of affected person and children paramount
- 37 Least restrictive principle
- 38 Conditions—general
- 39 Exclusion conditions
- 40 Personal property orders
- 41 Conditions—consent orders
- 42 Conditions may apply for shorter time than order
Division 3.7--Effect of family violence orders
- 43 Offence—contravention of family violence order
- 44 Firearms licences
PART 4--PROCEDURAL MATTERS
Division 4.1--What Magistrates Court must do after receiving application for protection order
- 45 Meaning of timing notice
- 46 Interim order not sought
- 47 Interim order sought
- 48 Service of application etc on others
Division 4.2--Preliminary conferences
- 49 Preliminary conferences—generally
- 50 Adjournment of preliminary conference for non-service
- 51 If no consent order at preliminary conference
Division 4.2A--Non-attendance by party
- 52 Meaning of returned before the court—div 4.2A
- 53 Applicant not present at return of application
- 54 Respondent not present at return of application
- 54A Neither party present at return of application
Division 4.3--Hearings
- 58 Hearings usually in public
- 59 Public hearing not required
- 60 Closed hearings in special circumstances
- 60A Notice of grounds of defence
- 60B Applicant may rely on additional information in hearing
- 60C If child and child's parent are affected people
- 60D Children as witnesses
- 61 Discontinuance
- 62 Admissibility of preliminary conference evidence
- 62A Giving evidence by affidavit for interim order
- 63 Examination of affected person by self-represented respondent
- 64 Undertakings by respondent
- 65 Court may inform itself
Division 4.4--Making of protection orders
- 66 Explaining orders if respondent present
- 67 Explaining orders if protected person present
- 68 Reasons for order
- 69 Orders generally not to include protected person's address
Division 4.4A--Service of documents
- 70A Personal service of application on respondent
- 70B Dismissal of application for non-service
- 70C Service of protection orders
- 70D Self-represented parties
- 70E Service of documents by police
- 70F Giving documents to child or child's parent or guardian
- 70G Affidavit of service of documents by police
Division 4.5--Other procedural matters
- 71 Police officer party to proceeding—substitution of applicant
- 71A Request for further particulars
- 73 Costs
Division 4.6--Party with impaired decision-making ability
- 74 Meaning of impaired decision-making ability
- 75 Child respondents
- 76 Representation—party with impaired decision-making ability
- 77 Consent orders—party with impaired decision-making ability
Division 4.7--Appointment etc of litigation guardian
- 78 Litigation guardian—appointment
- 79 Litigation guardian—powers
- 80 Litigation guardian—responsibilities
- 81 Litigation guardian—removal
PART 5--AMENDMENT OF PROTECTION ORDERS
- 82 Amendment of protection orders—who may apply
- 82A Preliminary conferences
- 83 Amendment of protection orders
- 84 Final orders—temporary amendment
- 85 General interim orders made by consent—extension
- 86 Final orders—extension
PART 6--REVIEW OF ORDERS
- 87 Special interim orders—application for review
- 88 Special interim orders—review
- 89 Final orders—application for review
- 90 Final orders—review
- 91 Consent orders—review
- 91A Preliminary conferences
- 92 Appealable decisions
- 93 Appeals to Supreme Court
- 95 Evidence on appeal
- 96 Powers of Supreme Court on appeal
- 97 Effect of filing appeal
PART 7--AFTER-HOURS ORDERS
- 98 Meaning of business hours—pt 7
- 99 Police officer may apply for after-hours order
- 100 After-hours orders—grounds for making
- 101 After-hours orders—application
- 102 After-hours orders—making
- 103 After-hours orders—refusal
- 104 After-hours orders—records
- 105 After-hours orders—detention of person against whom order sought
- 106 After-hours orders—length
- 107 After-hours orders—amendment or revocation
- 108 Service of after-hours orders
- 109 Police required to explain after-hours orders
- 110 Police to give reasons for not applying for after-hours order
PART 8--COURT-INITIATED ACTIONS
- 111 Application—pt 8
- 112 Court-initiated interim orders
- 113 Interim court-initiated protection order taken to be special interim
- 114 Amendment of existing protection order if later family violence
PART 9--NATIONAL RECOGNITION OF FVOS
Division 9.1--Preliminary
- 115 Definitions—pt 9
- 116 Meaning of family violence concern—pt 9
- 117 Meaning of properly notified—pt 9
- 118 Special provisions for registered foreign orders
Division 9.2--National recognition of FVOs
Subdivision 9.2.1--General principles- 119 Recognition of FVOs
- 120 Amendment of FVOs
- 121 Revocation of recognised FVOs
- 122 Recognised FVO prevails over earlier comparable FVOs
- 123 Making new orders Subdivision 9.2.2--Enforcement of recognised FVOs
- 124 Recognised FVOs and amendments are enforceable against respondent
- 125 Contravention of enforceable recognised FVOs Subdivision 9.2.3--Enforcement of non-local FVOs
- 126 Non-local FVOs to be treated as local FVOs
- 127 Licences, permits and other authorisations
- 128 Recognition of disqualification to hold firearms licence
- 129 Recognition of disqualification to hold prohibited weapons permit
- 130 Costs—non-local FVO
Division 9.3--Amendment and revocation of recognised non-local FVOs
- 131 Meaning of court—div 9.3
- 132 Power of court to amend or revoke recognised non-local FVOs
- 133 Application for amendment or revocation of recognised non-local FVO
- 134 Decision about hearing of application
Division 9.3A--Registration of foreign orders
Division 9.4--Exchange of information
- 135 Issuing authorities may obtain FVO information
- 136 Issuing authorities must provide FVO information
- 137 Law enforcement agencies may obtain FVO information
- 138 Information to be provided to law enforcement agencies
Division 9.5--Other matters
- 139 Certificate evidence—notification
Division 9.6--Application of pt 9—existing protection orders
Subdivision 9.6.1--Preliminary- 140 Meaning of commencement day—div 9.6
- 141 Enforcement of FVOs under other provisions Subdivision 9.6.2--FVOs to which scheme applies
- 142 FVOs made in the ACT
- 143 FVOs made in other jurisdictions Subdivision 9.6.3--Extension of scheme to older FVOs
- 144 FVOs declared to be recognised FVOs
- 145 FVOs declared to be recognised in other jurisdictions before commencement Subdivision 9.6.4--Power to declare FVO to be recognised
- 146 Power to declare FVO to be recognised
- 147 Application for order
- 148 Functions of registrar may be exercised by court
PART 10--MISCELLANEOUS
Division 10.1--Public access and publication
- 149 Publication of reports about proceedings—offence
- 150 Publication of reports about proceedings—exceptions to offence
Division 10.2--Other matters
- 151 Deciding application if criminal proceedings
- 152 Criminal and civil liability not affected by family violence orders
- 153 Crimes Act, s 397 (1)
- 154 Working out time if less than 5 days
- 155 Regulation-making power
- 156 Review of Act
PART 23--TRANSITIONAL--JUSTICE (AGE OF CRIMINAL RESPONSIBILITY) LEGISLATION AMENDMENT ACT 2023
Division 23.1--General
- 211 Definitions—pt 23
- 212 Transitional regulations
- 213 Expiry—pt 23
Division 23.2--Ending action etc for family violence orders
- 214 Application—div 23.2
- 215 Enforcement action
- 216 Family violence order procedures, proceedings etc