Tasmanian Consolidated Acts

JUSTICES ACT 1959 - SECT 106B

      (1) Where on an application made under this section, justices are satisfied on the balance of probabilities –

(a) that –

(i) a person has caused personal injury or damage to property; and

(ii) that person is, unless restrained, likely again to cause personal injury or damage to property; or

(b) that –

(i) a person has threatened to cause personal injury or damage to property; and

(ii) that person is, unless restrained, likely to carry out that threat; or

(c) that –

(i) a person has behaved in a provocative or offensive manner;

(ii) the behaviour is such as is likely to lead to a breach of the peace; and

(iii) that person is, unless restrained, likely again to behave in the same or a similar manner; or

(d) that a person has stalked the person for whose benefit the application is made or a third person the stalking of whom has caused the person for whose benefit the application is made to feel apprehension or fear –

      (2) An application for a restraint order may be made –

(a) by a police officer;

(b) by a person against whom, or against whose property, the behaviour that forms the subject-matter of the application was directed, or, where that person is a child, a parent or guardian of that child; or

(ba) by the guardian or administrator of a person who is a represented person within the meaning of the Guardianship and Administration Act 1995; or

(c) by a person to whom leave is granted under subsection (3).

      (3) A person other than a person referred to in subsection (2)(a) or (b) may apply to justices for leave to make an application for a restraint order.

      (4) An application referred to in subsection (3) may be made in the absence of the respondent to the application.

      (4AA) An application for a restraint order must include information of any relevant family contact order, or of any pending application for a relevant family contact order, of which the applicant is aware.

      (4AAB) In deciding whether or not to make a restraint order, the justices  –

(a) must consider the protection and welfare of the person for whose benefit the order is sought to be of paramount importance; and

(b) must consider whether access between the person for whose benefit the order is sought, or the person against whom the order is sought, and any child who is a member of the family of either of those persons is relevant to the making of the restraint order; and

(c) must consider any relevant family contact order of which the justices have been informed.

      (4AAC) A restraint order is not invalid merely because –

(a) the applicant fails to inform the justices of any relevant family contact order, or of any pending application for a relevant family contact order; or

(b) the justice fail to consider access or any relevant family contact order as required by subsection (4AAB).

      (4A) In determining the nature of the orders which may be included in a restraint order, the justices hearing the application for the order must consider the protection and welfare of the person for whose benefit the order is sought to be of paramount importance.

      (4B) Without limiting the nature of the orders which may be included in a restraint order, the justices hearing the application for the order may include in the restraint order one or more of the following orders:

(a) an order directing the person against whom the order is made to vacate premises, restraining that person from entering premises, or limiting that person's access to premises, whether or not that person has a legal or equitable interest in the premises;

(b) an order prohibiting or restricting the possession by the person against whom the order is made of all or any firearms specified in the order or directing the forfeiture or disposal of any firearms in the possession of that person;

(c) an order prohibiting the person against whom the order is made from stalking the person for whose benefit the order is made;

(d) an order prohibiting the person against whom the order is made from causing another person to engage in conduct restrained by justices.

      (5) Before making an order of a kind referred to in subsection (4B)(a), the justices must consider –

(a) the effect of making or declining to make the order on the accommodation of the persons affected by the proceedings; and

(b) the effect of making or declining to make the order on any children of, or in the care of, the persons affected by the proceedings; and

(c) the need for suitable arrangements to be made to allow the person against whom the order is sought to take possession of personal property on the premises.

      (5A) Without limiting the nature of the orders which may be made under this section, if justices make a restraint order, the justices may include in that order any one or more of the following orders:

(a) an order directing the person against whom the restraint order is sought to deliver property, in the manner specified in the order, to a person for whose benefit the restraint order is made or to allow a person for whose benefit the restraint order is made, in the manner specified in the order, to recover possession of property or have access to property;

(b) an order directing the person for whose benefit the restraint order is made to allow a person against whom the restraint order is made, in the manner specified in the order, to recover possession of property or have access to property.

      (5B) A restraint order that affects possession of or access to premises or property does not affect any legal or equitable interest held by any person in the premises or property.

      (6) A restraint order shall remain in force for such period as justices consider necessary to protect the person for whose benefit the order is made or until an order is made revoking the restraint order.

      (7) A restraint order may –

(a) cancel or suspend any licence or other permit relating to the possession of a firearm by the person against whom the order is made; and

(b) prohibit the person from applying for, or being granted or issued, any such licence or other permit during the period specified in the order.

      (8) .  .  .  .  .  .  .  .