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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Restraining Orders Amendment Bill
2000
A Bill for
An Act to amend the Restraining Orders Act 1997.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Restraining Orders Amendment
5 Act 2000.
page 1
74--1
Restraining Orders Amendment Bill 2000
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Restraining Orders
Act 1997*.
[* Act No. 19 of 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 215 and Act No. 11 of 1999.]
10 4. Section 3 amended
Section 3 is amended as follows:
(a) by inserting the following definition in its appropriate
alphabetical position --
"
15 "child welfare officer" means --
(a) the Director-General as defined in the Child
Welfare Act 1947; or
(b) an officer of the Department, as defined in
the Child Welfare Act 1947, who is
20 authorized under section 29 of that Act;
";
(b) by deleting paragraph (d) of the definition of "final
order" and inserting the following paragraph instead --
"
25 (d) that is a final order under section 63(4a);
";
page 2
Restraining Orders Amendment Bill 2000
s. 5
(c) in the definition of "interim order" by inserting after
"section 29(1)(a)" --
" or 63(4b) ".
5. Section 7 amended
5 Section 7(a) is amended by inserting after "of the child" --
" or a child welfare officer ".
6. Section 18 replaced
Section 18 is repealed and the following section is inserted
instead --
10 "
18. Who can apply
(1) An application for a violence restraining order may be
made under this Division by --
(a) an authorized person on behalf of the person to
15 be protected; or
(b) the person to be protected if he or she is
introduced to the authorized magistrate by an
authorized person.
(2) An application for a violence restraining order may
20 also be made under this Division --
(a) if the person to be protected is a child, by a
parent or guardian of the child, or a child
welfare officer, on behalf of the child; or
(b) if the person to be protected is a person for
25 whom a guardian has been appointed under the
page 3
Restraining Orders Amendment Bill 2000
s. 7
Guardianship and Administration Act 1990, by
the guardian on behalf of the person,
if the parent, child welfare officer or guardian is
introduced to the authorized magistrate by an
5 authorized person.
(3) An authorized person is not to make an application, or
introduce a person to make an application, under
subsection (1) or (2) unless the authorized person
reasonably believes that the case meets the criteria set
10 out in section 20(1).
".
7. Section 25 replaced
Section 25 is repealed and the following section is inserted
instead --
15 "
25. Application
(1) An application for a violence restraining order may be
made in person by --
(a) the person to be protected; or
20 (b) a police officer on behalf of that person.
(2) An application for a violence restraining order may
also be made --
(a) if the person to be protected is a child, by a
parent or guardian of the child, or a child
25 welfare officer, on behalf of the child; or
(b) if the person to be protected is a person for
whom a guardian has been appointed under the
Guardianship and Administration Act 1990, by
the guardian on behalf of the person.
page 4
Restraining Orders Amendment Bill 2000
s. 8
(3) An application for a violence restraining order made in
person is to be made in the prescribed form to --
(a) if the respondent is a child, the Children's
Court; or
5 (b) otherwise, a court of petty sessions.
".
8. Section 38 replaced
Section 38 is repealed and the following section is inserted
instead --
10 "
38. Application
(1) An application for a misconduct restraining order may
be made in person by --
(a) the person to be protected; or
15 (b) a police officer on behalf of that person.
(2) An application for a misconduct restraining order may
also be made --
(a) if the person to be protected is a child, by a
parent or guardian of the child, or a child
20 welfare officer, on behalf of the child; or
(b) if the person to be protected is a person for
whom a guardian has been appointed under the
Guardianship and Administration Act 1990, by
the guardian on behalf of the person.
25 (3) If there is no particular person to be protected an
application for a misconduct restraining order may be
made by a police officer on behalf of the public
generally.
page 5
Restraining Orders Amendment Bill 2000
s. 9
(4) An application for a misconduct restraining order is to
be made in the prescribed form to --
(a) if the respondent is a child, the Children's
Court; or
5 (b) otherwise, a court of petty sessions.
".
9. Section 42 amended
Section 42(2)(a) is deleted and the following paragraph is
inserted instead --
10 "
(a) if it is satisfied that the respondent was --
(i) in the case of a hearing fixed under
section 33, notified of the hearing; or
(ii) in the case of a hearing fixed under
15 section 40(3)(c) or 41(4), served with a
summons requiring the respondent to
attend the hearing,
is to hear the matter in the absence of the
respondent;
20 ".
10. Section 45 replaced and consequential amendments
(1) Section 45 is repealed and the following section is inserted
instead --
"
25 45. Application
(1) An application to vary or cancel a final order may be
made by --
(a) the person protected by the order;
page 6
Restraining Orders Amendment Bill 2000
s. 10
(b) a police officer on behalf of the person
protected by the order; or
(c) the person bound by the order.
(2) An application to vary or cancel a final order may also
5 be made --
(a) if the person protected by the order is a child,
by a parent or guardian of the child, or a child
welfare officer, on behalf of the child; or
(b) if the person protected by the order is a person
10 for whom a guardian has been appointed under
the Guardianship and Administration Act 1990,
by the guardian on behalf of the person.
(3) If the original application for a final order was made by
a police officer on behalf of the public generally an
15 application to vary or cancel the order may be made by
a police officer on behalf of the public generally.
(4) An application to vary or cancel a final order is to be
made in the prescribed form to the court that made the
final order.
20 ".
(2) Section 46(1) is amended by deleting "45(1)(e)" and inserting
instead --
" 45(1)(c) ".
(3) Section 47(1) is amended by deleting "45(1)(a) to (d)" and
25 inserting instead --
" 45(1)(a) or (b), (2) or (3) ".
(4) Section 48(1) is amended by deleting "45(1)" and inserting
instead --
" 45 ".
page 7
Restraining Orders Amendment Bill 2000
s. 11
11. Section 47 amended
Section 47(2) is amended by deleting paragraphs (a), (b) and (c)
and inserting instead --
"
5 (a) if the person protected by the order is a child --
(i) the child;
(ii) a parent or guardian of the child on
behalf of the child; or
(iii) a child welfare officer on behalf of the
10 child,
as the clerk considers appropriate;
(b) if the person protected by the order is a person
for whom a guardian has been appointed under
the Guardianship and Administration Act 1990,
15 the guardian on behalf of the person; or
(c) otherwise, the person protected by the order.
".
12. Section 61 amended
After section 61(2) the following subsection is inserted --
20 "
(3) Proceedings for a breach of a restraining order are to be
brought --
(a) if the alleged offender is a child, in the
Children's Court; or
25 (b) otherwise, in a court of petty sessions.
".
page 8
Restraining Orders Amendment Bill 2000
s. 13
13. Section 63 amended
(1) Section 63(1), (2) and (3) are repealed and the following
subsections are inserted instead --
"
5 (1) A court, including a judicial officer considering a case
for bail, before which a person charged with an offence
is appearing may make a restraining order against that
person or any other person who gives evidence in
relation to the charge.
10 (2) A court hearing proceedings under the Family Court
Act 1997 or the Family Law Act 1975 of the
Commonwealth may make a restraining order against a
party to the proceedings or any other person who gives
evidence in the proceedings.
15 (3) A court hearing an application under the Child Welfare
Act 1947 to declare a child in need of care and
protection may make a restraining order against a party
to the proceedings or any other person who gives
evidence in the proceedings.
20 (3a) A restraining order may be made under this section --
(a) on the initiative of the court;
(b) at the request of a party to the proceedings;
(c) if the person to be protected is a child, at the
request of --
25 (i) the child;
(ii) a parent or guardian of the child on
behalf of the child; or
(iii) in a matter referred to in subsection (3),
a child welfare officer on behalf of the
30 child;
page 9
Restraining Orders Amendment Bill 2000
s. 13
(d) if the person to be protected is a person for
whom a guardian has been appointed under the
Guardianship and Administration Act 1990, at
the request of the guardian on behalf of the
5 person; or
(e) at the request of a person who gives evidence in
the proceedings or in relation to the charge.
".
(2) Section 63(4) is amended by deleting "subsection (2)" and
10 inserting instead --
" this section ".
(3) After section 63(4) the following subsections are inserted --
"
(4a) Subject to subsection (4b) a restraining order made
15 under this section is a final order.
(4b) If a court referred to in subsection (2) is considering
making a restraining order and the person who would
be bound by the order objects to it being made, the
court may make an interim order.
20 (4c) Sections 33, 42, 43 and 44 apply to an interim order
made under subsection (4b) as if the person bound by
the order --
(a) were the respondent; and
(b) had returned the respondent's endorsement
25 copy of the interim order --
(i) in accordance with section 31;
(ii) on the day after the interim order was
made; and
page 10
Restraining Orders Amendment Bill 2000
s. 14
(iii) indicating that the person objected to the
order becoming final.
".
(4) Section 63(5), (6) and (7) are amended by deleting
5 "subsection (2)" and inserting instead --
" this section ".
14. Section 64 amended
After section 64(6) the following subsection is inserted --
"
10 (6a) If the decision was made by a court hearing
proceedings under the Family Court Act 1997 or the
Family Law Act 1975 of the Commonwealth, the
appeal is to be made --
(a) in the case of a decision of a court of summary
15 jurisdiction, to the Family Court of Western
Australia in accordance with section 211(2) of
the Family Court Act 1997; and
(b) otherwise to the Full Court of the Supreme
Court in accordance with section 211(3) of the
20 Family Court Act 1997.
".
15. Section 75 amended
Section 75(1) is repealed and the following subsections are
inserted instead --
25 "
(1) An application for registration of an interstate order
may be made by --
(a) the person protected by the order; or
page 11
Restraining Orders Amendment Bill 2000
s. 16
(b) a police officer on behalf of that person.
(1a) An application for registration of an interstate order
may also be made --
(a) if the person protected by the order is a child,
5 by a parent or guardian of the child, or a child
welfare officer, on behalf of the child; or
(b) if the person protected by the order is a person
for whom a guardian has been appointed under
the Guardianship and Administration Act 1990
10 (or a similar Act of the State or Territory in
which the interstate order was made), by the
guardian on behalf of the person.
".
16. Section 79B amended
15 Section 79B(1) is repealed and the following subsections are
inserted instead --
"
(1) An application for registration of a foreign restraining
order may be made by --
20 (a) the person protected by the order; or
(b) a police officer on behalf of that person.
(1a) An application for registration of a foreign restraining
order may also be made --
(a) if the person protected by the order is a child,
25 by a parent or guardian of the child, or a child
welfare officer, on behalf of the child; or
(b) if the person protected by the order is under the
guardianship of a guardian (however described)
page 12
Restraining Orders Amendment Bill 2000
s. 17
appointed under the law of the foreign country,
by the guardian on behalf of the person.
".
17. Section 86 amended
5 Section 86(1) is amended by deleting "order." and inserting
instead --
" order made at a final order hearing. ".
page 13
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