(1)  Except as otherwise provided by this Act or ordered by a court –

(a) an application under Part 3 or 4 is to be heard and determined –

(i) in open court; and

(ii) in the same manner, as nearly as practicable, as a complaint for a simple offence; and

(b) a person who makes an application under Part 3 or 4 is to be treated, as nearly as practicable, as a complainant.

(2)  At the hearing of an application under Part 3 or 4 , the following persons may conduct the applicant's or respondent's case and examine and cross-examine witnesses:

(a) the applicant or respondent;

(b) an Australian legal practitioner representing the applicant or respondent;

(c) a police officer representing the applicant or respondent;

(d) any other person to whom the court grants leave for that purpose.

(2A)  At the hearing of an application made by a person other than a police officer –

(a) under Part 3 ; or

(b) under Part 4 , in respect of an FVO which was made on the application of a police officer –

the Commissioner of Police –

(c) is taken to be a party; and

(d) may make submissions for or against the application; and

(e) may examine and cross-examine witnesses.

(2B)  Despite this section, section 8A of the Evidence (Children and Special Witnesses) Act 2001 applies in respect of the cross-examination of a witness who is the alleged victim of any prescribed proceeding, as defined in that Act, for a family violence offence to which an application under Part 3 or 4 relates.

(3)  If the applicant is a child, he or she must be represented by a police officer, an Australian legal practitioner or a nominee of the Secretary of the responsible Department in relation to the Children, Young Persons and Their Families Act 1997 .

(4)  If a police officer could, if available as a witness, give direct oral evidence of a fact in his or her professional capacity in the hearing of an application under Part 3 or 4 , the statutory declaration of the police officer in relation to that fact and made in support of the application is, subject to subsection (5) , admissible as evidence of the fact in the hearing, notwithstanding that the police officer may be available as a witness.

(5)  A statutory declaration referred to in subsection (4) is not admissible as evidence in the hearing of an application under Part 3 or 4 if the court, having regard to all the circumstances, is of the opinion that the representation in the statutory declaration ought not to be admitted without being tested by cross-examination.

(6)  The representation of a medical practitioner in a document tending to establish a fact is admissible as evidence of the fact in the hearing of an application under Part 3 or 4 , notwithstanding that the medical practitioner may be available as a witness, if–

(a) the medical practitioner, in his or her professional capacity, could give direct oral evidence of the fact in the hearing; and

(b) the court, having regard to all the circumstances, is of the opinion that justice does not require that the representation be tested by cross-examination.

(7)  If the court hearing an application under Part 3 or 4 is satisfied that –

(a) a sealed copy of the application has been served on the respondent to the application; or

(b) reasonable attempts have been made to serve a sealed copy of the application on the respondent –

the court may proceed in the absence of the respondent and may –

(c) make the FVO sought in the application or such other order as the court considers necessary; or

(d) issue a warrant for the arrest of the respondent.

(8)  At any time in proceedings under Part 3 or 4 , the court may determine that it is appropriate that those proceedings be heard and determined by the Magistrates Court (Youth Justice Division) or the Magistrates Court (Children's Division) and may transfer the proceedings to that court.

(9)  If proceedings are transferred to the Magistrates Court (Youth Justice Division) or the Magistrates Court (Children's Division) under subsection (8) , that court has jurisdiction to hear and determine those proceedings.