PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 129 Personal safety intervention orders prevail over child protection orders

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 129

    (1)     A personal safety intervention order applies despite any child protection order.

    (2)     However, if the Children's Court is hearing an application for a child protection order in relation to a child and the child is a protected person or respondent under a personal safety intervention order, the Court may, on its own initiative, revoke or vary the personal safety intervention order to the extent the order would be inconsistent with the order the Court proposes to make under the Children, Youth and Families Act 2005 .

    (3)     For the purposes of subsection (2), if the Court proposes to revoke or vary the personal safety intervention order—

        (a)     the appropriate registrar for the Court must give notice of its intention to revoke or vary the order to all the parties to the proceeding in which the order was made; and

        (b)     the Court must not revoke or vary the order until all the parties have had an opportunity to be heard by the Court; and

        (c)     the Court may make an interim order varying the personal safety intervention order until all the parties have been given an opportunity to be heard.