PERSONAL VIOLENCE ACT 2016
PERSONAL 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 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
24A. Consent to interim order becoming final order
25. Consent orders
Division 3.5--Final orders
26. Final orders—grounds for making
27. Final orders—length
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
Division 23.2--Ending action etc for personal protection orders
213. Application—div 23.2
214. Enforcement action
215. Protection order procedures, proceedings etc
Division 23.3--Validity of past protection order action
216. Meaning of past protection order action—div 23.3
217. Past lawful acts not affected
218. Protection from liability
219. No entitlement to compensation etc
SCHEDULE 1
DICTIONARY
ENDNOTES
