Western Australian Consolidated Acts

RESTRAINING ORDERS ACT 1997

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used  
   4.      Term used: family and domestic relationship  
   5.      Term used: family order  
   6.      Terms used: act of family and domestic violence and act of personal violence  
   7.      Persons protected, and bound, by order to be natural persons  
   7A.     Orders under this Act imposing restraints  

   PART 1A -- Restraining orders generally  

   8.      Explanation about orders to be given  
   9.      Fixing a hearing  
   10.     Preparation and service of orders  

   PART 2 -- Violence restraining order  

           Division 1 -- Violence restraining order  

   11.     Violence restraining order to specify names of person bound, and person protected, by the order  
   11A.    When violence restraining orders may be made  
   11B.    Violence restraining order may be made for child in circumstances of family and domestic violence  
   12.     Matters to be considered by court  
   13.     Restraints on respondent  
   14.     Firearms order  
   16.     Duration of a violence restraining order  

           Division 2 -- Telephone applications  

   17.     Authorised magistrates  
   18.     Who can apply  
   19.     How to make a telephone application  
   20.     When a telephone application may be heard  
   21.     How hearing to be conducted  
   23.     Orders at telephone hearing  
   24.     Telephone order to be prepared and served  

           Division 3 -- Applications in person to a court  

   25.     Application  
   26.     Applicant to choose whether to have hearing in absence of respondent  
   27.     Attendance at hearing in absence of respondent  
   28.     Affidavit evidence  
   29.     Order at hearing in absence of respondent  
   30.     Order to be prepared and served  

           Division 3A -- Police officers may make police orders where family and domestic violence  

   30A.    When a police order may be made  
   30B.    Matters to be considered by police officer  
   30C.    Restraints that may be imposed  
   30D.    Children not to be restrained by police orders  
   30E.    Police order to be prepared, served and explained  
   30F.    Duration of police orders  
   30G.    Consent required for 72 hour police orders  
   30H.    Order not to be renewed by police officer  
   30I.    Review of Division  

           Division 4 -- Procedure when interim order made  

   31.     21 days for respondent to object  
   32.     If respondent does not object to final order being made  
   33.     If respondent objects to final order being made  

   PART 3 -- Misconduct restraining order  

   34.     Grounds for a misconduct restraining order  
   35.     Matters to be considered by court  
   35A.    Misconduct restraining orders not for persons in a family and domestic relationship  
   36.     Restraints on respondent  
   37.     Duration of a misconduct restraining order  
   38.     Application  
   39.     Registrar to fix hearing and issue summons  

   PART 4 -- Hearings and evidence  

           Division 1 -- Mention hearings  

   40.     Attendance at hearing  
   41.     Consent order or final order hearing to be fixed  

           Division 2 -- Final order hearings  

   42.     Attendance at final order hearing  
   43.     Making a final order  
   43A.    Decision under s. 42 in default of appearance may be set aside  
   44.     Order to be prepared and served  

           Division 3 -- Evidence  

   44A.    Rules of evidence not to apply at ex parte hearing  
   44B.    Access to affidavit evidence  
   44C.    Cross-examination of certain persons  

   PART 5 -- Variation or cancellation  

   45.     Application  
   45A.    Application by CEO (child welfare)  
   46.     Leave hearing  
   47.     Registrar to issue summons  
   48.     Attendance at hearing  
   48A.    Ex parte application to cancel order by person protected by order  
   49.     Variation or cancellation  
   49A.    Correcting minor errors in restraining orders  

   PART 6 -- General  

           Division 1 -- Children  

   50.     No restraining orders against children under 10  
   50A.    Restraining order against child not to exceed 6 months  
   50B.    Child welfare laws not affected  
   50C.    CEO (child welfare) to be notified before certain orders are made  
   50D.    Intervention by CEO (child welfare)  
   51.     Responsible adult to attend  
   52.     Transfer between courts  
   53.     Telephone order made against a child  
   53A.    Children not to give oral evidence without leave of court, other than in Children’s Court  
   53B.    Evidence of children  
   53C.    Child who gives evidence entitled to support  
   53D.    Cross-examination of child by unrepresented person  
   53E.    Admissibility of evidence of representations made by children  
   53F.    Summonsing of children  

           Division 2 -- Service  

   54.     Service of summons  
   55.     Service of restraining order  
   56.     Delivery or notification  
   57.     Copy of document sufficient for service  
   58.     Proof of service  
   59.     Service of restraining order, certain people to be notified of  
   60.     Deliberate avoidance of service  

           Division 3 -- Breach of restraining order or police order  

   61.     Breach of a restraining order  
   62.     Defence  

           Division 3A -- Police functions  

   62A.    Investigation of suspected family and domestic violence  
   62B.    Entry and search of premises if family and domestic violence suspected  
   62C.    Action to be taken by police officer after investigating suspected family and domestic violence  
   62D.    Approval of senior officer  
   62E.    Seizure of firearms  
   62F.    Detention of respondent during telephone hearing or while police order is being made  
   62G.    Police officer may conduct hearing for applicant  

           Division 4 -- General  

   63.     Making restraining orders during other proceedings  
   63A.    Restraining order to be made if certain violent personal offences committed  
   63B.    Circumstances to be taken into account when sentencing for certain offences  
   63C.    Criminal and civil liability not affected by restraining orders  
   64.     Appeals  
   65.     Orders not to conflict with certain family orders  
   66.     Notification of family orders  
   67.     Adjournments  
   68.     Orders may be extended to apply to other people  
   69.     Costs  
   70.     Information on identity of certain person restricted  
   70A.    Exchange of information  
   71.     Notification when firearms order made  
   72.     Practice and procedure generally  
   73.     Regulation making power  

   PART 7 -- Interstate restraining orders  

   74.     Terms used  
   75.     Application for registration of interstate order  
   76.     Registration  
   77.     Effect of registration  
   78.     Variation or cancellation in another State or Territory  
   79.     Variation or cancellation in this State  

   PART 7A -- Foreign restraining orders  

   79A.    Recognition of foreign restraining orders  
   79B.    Applying for registration of foreign restraining orders  
   79C.    Registration of foreign restraining orders  
   79D.    Effect of registration  
   79E.    Variation or cancellation in a foreign country  
   79F.    Variation or cancellation in this State  
           Compilation table