FAMILY VIOLENCE ACT 2016
FAMILY VIOLENCE ACT 2016
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
PART 2--OBJECTS AND IMPORTANT CONCEPTS
Division 2.1--Objects
6. Objects of Act
7. How objects are to be achieved
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
12. Principle about procedures
13. Balance of probabilities
13A. Rules of evidence
PART 3--FAMILY VIOLENCE ORDERS
Division 3.1--Matters to be considered when making family violence orders
14. Matters to be considered—family violence orders
15. Family Law Act order
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
33. Consent orders
33A. Consent to interim order becoming final order
Division 3.5--Final orders
34. Final orders—grounds for making
35. Final orders—length
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
134A. Applications for registration of foreign orders
134B. 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
Division 23.3--Validity of past family violence order action
217. Meaning of family violence order action—div 23.3
218. Past lawful acts not affected
219. Protection from liability
220. No entitlement to compensation etc
SCHEDULE 1
DICTIONARY
ENDNOTES
