DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (NO. 46 OF 2008)
DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (NO. 46 OF 2008)
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
2. Commencement
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
PART 2--MAIN PRINCIPLES AND CONCEPTS
6. Objects of Act
7. Principles for making protection orders
8. Principle about procedures
9. What may someone do under this Act?
10. What conduct do domestic violence orders restrain?
11. What conduct do personal protection orders restrain?
12. Do protection orders cover conduct outside ACT?
13. What is domestic violence etc?
14. What is personal violence?
15. Who is a relevant person etc?
16. Level of satisfaction required for this Act
17. This Act and Children and Young People Act
PART 3--APPLICATIONS GENERALLY
18. Who may apply for certain non-emergency orders?
19. Party with legal disability
20. Certain children not respondents
21. Application forms that require aggrieved person's address
22. Registrar sets return date
23. Registrar may adjourn proceedings etc
24. Preliminary conferences
25. Referrals to mediation
26. Preparation for hearings in Magistrates Court
27. What if applications are made for the wrong order?
28. What if applications for the wrong order are decided?
PART 4--INTERIM ORDERS
29. Grounds for making interim order
30. When can interim orders be made?
31. What must a court consider?
32. Interim orders and respondents with legal disability
33. Service of applications for interim orders unnecessary
34. Return date for final orders on making of interim order
35. What interim orders may contain
36. When interim orders become final orders
37. Length of interim orders not by consent
38. End of interim orders
39. What if interim orders would expire before final orders are
40. Firearms and interim orders
41. May further interim orders be made?
42. When may the registrar extend interim orders?
PART 5--CONSENT ORDERS
43. Consent orders
44. Consent orders and parties with legal disability
45. Length of interim orders by consent
PART 6--FINAL ORDERS
Division 6.1--Final orders other than workplace orders
46. Grounds for making final orders (other than workplace orders)
47. What must a court consider before making final orders other than workplace
48. What final orders (other than workplace orders) may contain
Division 6.2--Workplace orders
49. Definitions—div 6.2
50. What is personal violence for a workplace?
51. Effect of availability of workplace orders
52. Grounds for making workplace orders
53. What must a court consider before making workplace orders?
54. What workplace orders may contain
Division 6.3--Length of final orders etc
55. Length of final domestic violence orders
56. Length of final personal protection orders
57. Firearms and final orders
PART 7--AMENDMENT OF ORDERS
58. Amendment generally
59. Amendment of interim orders
60. Temporary amendment of final orders
61. Extension of interim orders by consent
62. Extension of final orders
PART 8--SERVICE OF NON-EMERGENCY PROTECTION ORDERS
63. Service of applications
64. Service of non-emergency protection orders
65. If personal service not required
66. If service impracticable or impossible
67. Service of documents by police
PART 9--EMERGENCY ORDERS
68. Who may apply for emergency order?
69. When may emergency order be made?
70. How can application for emergency order be made?
71. What should judicial officers consider in making emergency
72. Emergency orders
73. Action on refusing emergency order
74. Records of proceedings
75. Detention of people against whom emergency orders sought
76. What emergency order may contain
77. Length of emergency orders
78. Emergency amendment and revocation of emergency orders
79. Non-emergency amendment and revocation of emergency orders
80. Firearms and emergency orders
81. Service of emergency orders
82. Police required to explain emergency order served
83. Recording reasons if emergency order not applied for
PART 10--OTHER PROVISIONS ABOUT PROTECTION ORDERS
84. Explaining orders if respondent present
85. Explaining orders if aggrieved person present
86. Reasons for order
87. Orders generally not to include aggrieved person's address
88. Prohibitions or conditions may be shorter
89. Recommendations for counselling etc
90. Offence for contravention of protection order
PART 11--REVIEW OF ORDERS
91. Application for review of particular final orders
92. Review of particular final orders
93. Application by respondent for review of order finalised under s 36
94. Review of order finalised under s 36
95. Review of consent orders
96. Appealable decisions
97. When can someone appeal to Supreme Court?
98. Giving notice of appeal
99. Evidence on appeal
100. Powers of Supreme Court on appeal
101. Effect of filing appeal
PART 12--RECIPROCAL ARRANGEMENTS
102. Definitions—pt 12
103. Applications for registration of recognised orders
104. Registration of recognised orders
105. Effect of registration
106. Amendment of registered orders
107. Revocation of registered orders
108. Amendment of recognised orders
109. Notification by interstate court of registration
110. Evidence of registered orders
PART 13--PUBLIC ACCESS AND PUBLICATION
111. Publication of reports about proceedings—offence
112. Publication of reports about proceedings—exceptions to offence
PART 14--MISCELLANEOUS
113. Deciding application if criminal proceedings
114. Crimes Act, s 397 (1)
115. Working out time if less than 5 days
116. Directions about procedure
117. Recovery of certain expenses
118. Regulation-making power
PART 20--TRANSITIONAL
200. Definitions—pt 20
201. Legislation repealed
202. Construction of outdated references
203. Applications for protection orders made but not heard under repealed Act
204. Proceedings begun under repealed Act
205. Application for amendment or revocation under repealed Act
206. Application by respondent for leave to apply for amendment or revocation under repealed
207. Existing protection orders under repealed Act
208. Review of consent orders under repealed Act
209. Appeals under repealed Act
210. Protection of proceedings under repealed Act
211. Application for registration of recognised order under repealed Act
212. Registration of recognised orders under repealed Act
213. Amendment or revocation of recognised order under repealed Act
214. Amendment or revocation of recognised order by Magistrates Court under repealed
215. Transitional regulations
216. Expiry—pt 20
217. Legislation amended—sch 3
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
DICTIONARY
ENDNOTES
