PERSONAL 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 personal violence
- 9 Principle about procedures
- 10 Balance of probabilities
- 10A Rules of evidence
PART 3--PROTECTION ORDERS
Division 3.1--Matters to be considered when making protection orders
- 11 Matters to be considered—protection orders
Division 3.2--Applications for protection orders
- 12 Who may apply for personal protection orders?
- 13 Who may apply for workplace protection orders?
- 13A Child may apply for protection order in same application as
- 13B Applications by police officers
- 14 Application forms that require affected person's address
- 15 What if application is made for the wrong order?
- 16 What if application for the wrong order is decided?
Division 3.3--Interim orders
Subdivision 3.3.1--Making interim orders- 17 Interim orders—only on application for final order
- 18 Interim orders—grounds for making
- 19 Interim orders—general interim orders and special interim Subdivision 3.3.2--General interim orders
- 20 General interim orders—only 1 may be made
- 21 General interim orders—length
- 22 General interim orders—ending
- 23 General interim orders—taken to be special interim orders if related charges
- 24 General interim orders—further orders
- 24AA General interim orders—extension for non-service of
- 24AB General interim orders—extension for non-service of final Subdivision 3.3.3--Special interim orders
- 24AC Special interim orders—ending
- 24AD Special interim orders—application not to be decided until related charges
- 24AE Special interim orders—final application decided
Division 3.4--Consent orders
Division 3.5--Final orders
Division 3.6--Conditions of protection orders
- 28 Safety of affected person paramount
- 29 Least restrictive principle
- 30 Conditions—personal protection orders
- 31 Exclusion conditions—personal protection orders
- 32 Conditions—workplace protection orders
- 33 Conditions—consent orders
- 34 Conditions may apply for shorter time than order
Division 3.7--Effect of protection orders
- 35 Offence—contravention of protection order
- 36 Interim orders—respondent's firearms
- 37 Final orders—respondent's firearms
- 38 Firearm licences—other conditions and orders
PART 4--PROCEDURAL MATTERS
Division 4.1--What Magistrates Court must do after receiving application for protection order
- 39 Meaning of timing notice
- 40 Interim order not sought
- 41 Interim order sought
- 42 Service of application etc on others
Division 4.2--Preliminary conferences
- 43 Preliminary conferences—generally
- 44 Adjournment of preliminary conference for non-service
- 45 If no consent order at preliminary conference
- 46 Referrals to mediation
Division 4.2A--Non-attendance by party
- 47 Meaning of returned before the court—div 4.2A
- 48 Applicant not present at return of application
- 49 Respondent not present at return of application
- 49A Neither party present at return of application
Division 4.3--Hearings
- 53 Hearings usually in public
- 54 Public hearing not required
- 55 Closed hearings in special circumstances
- 55A Notice of grounds of defence
- 55B Applicant may rely on additional information in hearing
- 55C If child and child's parent are affected people
- 55D Children as witnesses
- 56 Discontinuance
- 57 Admissibility of preliminary conference evidence
- 57A Giving evidence by affidavit for interim order
- 58 Undertakings by respondent
- 59 Court may inform itself
Division 4.4--Making of protection orders
- 60 Explaining orders if respondent present
- 61 Explaining orders if protected person present
- 62 Reasons for order
- 63 Orders generally not to include protected person's address
Division 4.4A--Service of documents
- 64A Personal service of application on respondent
- 64B Dismissal of application for non-service
- 64C Service of protection orders
- 64D Self-represented parties
- 64E Service of documents by police
- 64F Giving documents to child or child's parent or guardian
- 64G Affidavit of service of documents by police
Division 4.5--Other procedural matters
- 65 Police officer party to proceeding for personal protection order—substitution of
- 65A Request for further particulars
- 67 Costs
Division 4.6--Party with impaired decision-making ability
- 68 Meaning of impaired decision-making ability
- 69 Child respondents
- 70 Representation—party with impaired decision-making ability
- 71 Consent orders—party with impaired decision-making ability
Division 4.7--Appointment etc of litigation guardian
- 72 Litigation guardian—appointment
- 73 Litigation guardian—powers
- 74 Litigation guardian—responsibilities
- 75 Litigation guardian—removal
PART 5--AMENDMENT OF PROTECTION ORDERS
- 76 Amendment of protection orders—who may apply
- 76A Preliminary conferences
- 77 Amendment of protection orders
- 78 Final orders—temporary amendment
- 79 Interim orders made by consent—extension
- 80 Final orders—extension
PART 6--REVIEW OF ORDERS
- 80A Special interim orders—application for review
- 80B Special interim orders—review
- 81 Final orders—application for review
- 82 Final orders—review
- 83 Consent orders—review
- 83A Preliminary conferences
- 84 Appealable decisions
- 85 Appeals to Supreme Court
- 87 Evidence on appeal
- 88 Powers of Supreme Court on appeal
- 89 Effect of filing appeal
PART 7--RECIPROCAL ARRANGEMENTS
- 90 Definitions—pt 7
- 91 Recognised orders—applications for registration
- 92 Recognised orders—registration
- 93 Effect of registration
- 94 Registered orders—amendment
- 95 Registered orders—revocation
- 96 Recognised orders—amendment
- 97 Notification by interstate court of registration
PART 8--MISCELLANEOUS
Division 8.1--Public access and publication
- 98 Publication of reports about proceedings—offence
- 99 Publication of reports about proceedings—exceptions to offence
Division 8.2--Other matters
- 100 Effect of availability of workplace protection orders
- 101 Deciding application if criminal proceedings
- 102 Criminal and civil liability not affected by protection orders
- 103 Crimes Act, s 397 (1)
- 104 Working out time if less than 5 days
- 105 Regulation-making power
PART 23--TRANSITIONAL--JUSTICE (AGE OF CRIMINAL RESPONSIBILITY) LEGISLATION AMENDMENT ACT 2023
Division 23.1--General
- 210 Definitions—pt 23
- 211 Transitional regulations
- 212 Expiry—pt 23