Australian Capital Territory
Family and Personal Violence Legislation Amendment Act 2017
A2017-10
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Evidence (Miscellaneous Provisions) Act 1991
	4	Division 4.3.3 heading	3
	5	Recorded statement—offence to publish
Section 81G (2)	3
	6	New division 4.3.4	4
Part 3	Family Violence Act 2016
	7	Section 2	5
	8	Principle about procedures
Section 12	6
	9	New section 13A	7
	10	Matters to be considered—family violence orders
Section 14 (1) (i)	7
	11	New section 14 (2A)	7
	12	New sections 16A and 16B	7
	13	Application forms that require affected person’s address
Section 17 (2), new note	8
	14	Interim orders—only on application for final order
Section 20 (2)	8
	15	General interim orders—length
Section 24 (2) and note	8
	16	General interim orders—taken to be special interim orders if related charges laid
Section 26 (2), new note	8
	17	Section 26 (3) and note	9
	18	Special interim orders—application not to be decided until related charges finalised
Section 31 (2) (a)	9
	19	Special interim orders—final application decided
Section 32 (1), note	9
	20	Section 32 (5)	10
	21	New section 33A	10
	22	Final orders—length 
Section 35 (1), note	11
	23	Divisions 4.1 and 4.2	11
	24	Sections 55, 56 and 57	16
	25	Public hearing not required
Section 59 (a), (b) and (c)	16
	26	New section 59 (2)	17
	27	New sections 60A to 60D	17
	28	Discontinuance
Section 61 (1), note	19
	29	New section 62A	19
	30	Service of protection orders
Section 70	19
	31	New division 4.4A	20
	32	New section 71A	23
	33	Directions about procedure 
Section 72	23
	34	Costs
Section 73 (2), note	23
	35	Litigation guardian—appointment
Section 78 (1) (a)	24
	36	New section 82A	24
	37	Amendment of protection orders
Section 83 (1) (a)	24
	38	Section 83 (1), example and note	25
	39	Section 83 (5) and note	25
	40	General interim orders made by consent—extension
Section 85 (1)	25
	41	Section 85 (2)	25
	42	Final orders—extension
Section 86 (3), (4) and (5) and note	25
	43	Special interim orders—application for review
Section 87 (d)	25
	44	Special interim orders—review 
Section 88 (3)	26
	45	Section 89 heading	26
	46	Section 89 (1)	26
	47	Section 89 (1), note	26
	48	New section 89 (3A)	26
	49	Section 90 heading	27
	50	Section 90 (3)	27
	51	Consent orders—review
Section 91 (1)	27
	52	Section 91 (1)	27
	53	New section 91A	28
	54	Giving notice of appeal
Section 94	28
	55	Court-initiated interim orders
Section 112 (1), note	28
	56	Interim court-initiated protection order taken to be special interim order
Section 113 (a)	29
	57	Section 113 (e) and (f)	29
	58	Definitions—pt 9
Section 115, definition of registered foreign order	29
	59	Meaning of properly notified—pt 9
Section 117	30
	60	Making new orders
Section 123 (2)	30
	61	New division 9.3A	30
	62	New sections 198 and 199	31
	63	New section 199 (2A)	32
	64	Existing registered orders under repealed Act
Section 200 (4)	32
	65	New section 200A	32
	66	Dictionary, note 2	32
	67	Dictionary, note 2	33
	68	Dictionary, new definition of returned	33
	69	Dictionary, definition of timing notice	33
Part 4	Personal Violence Act 2016
	70	Principle about procedures
Section 9	34
	71	New section 10A	34
	72	Matters to be considered—protection orders
Section 11 (1) (f)	34
	73	New section 11 (2A)	34
	74	New sections 13A and 13B	35
	75	Application forms that require affected person’s address
Section 14 (2), new note	35
	76	Interim orders—only on application for final order
Section 17 (2)	35
	77	Interim orders—length
Section 20 (2) and note	36
	78	New section 24A	36
	79	Final orders—length 
Section 27 (1), note	37
	80	Divisions 4.1 and 4.2	37
	81	Sections 50, 51 and 52	43
	82	Public hearing not required
Section 54 (a), (b) and (c)	43
	83	New section 54 (2)	43
	84	New sections 55A to 55D	44
	85	Discontinuance
Section 56 (1), note	46
	86	New section 57A	46
	87	Service of protection orders
Section 64	46
	88	New division 4.4A	47
	89	New section 65A	50
	90	Directions about procedure 
Section 66	50
	91	Costs
Section 67 (2), note	50
	92	Litigation guardian—appointment
Section 72 (1) (a)	50
	93	New section 76A	51
	94	Amendment of protection orders
Section 77 (1) (a)	51
	95	Section 77 (1), example and note	51
	96	Section 77 (5) and note	51
	97	Interim orders made by consent—extension
Section 79 (1)	52
	98	Section 79 (2)	52
	99	Final orders—extension
Section 80 (3), (4) and (5) and note	52
	100	Section 81 heading	52
	101	Section 81 (1)	52
	102	Section 81 (1), note	52
	103	New section 81 (3A)	53
	104	Section 82 heading	53
	105	Section 82 (3)	53
	106	Consent orders—review
Section 83 (1)	53
	107	Section 83 (1)	53
	108	New section 83A	54
	109	Giving notice of appeal
Section 86	54
	110	New sections 198 and 199	54
	111	Existing registered orders under repealed Act
Section 200 (1) (a)	55
	112	Dictionary, note 2	55
	113	Dictionary, note 2	55
	114	Dictionary, new definition of returned	56
	115	Dictionary, definition of timing notice	56

Australian Capital Territory
Family and Personal Violence Legislation Amendment Act 2017
A2017-10

An Act to amend legislation about family and personal violence, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Family and Personal Violence Legislation Amendment Act 2017.
2	Commencement
	(1)	This Act (other than the following provisions) commences on 30 April 2017:
·	sections 58 to 61
·	sections 63 and 64.
Note 	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	The provisions mentioned in subsection (1) commence on the commencement of the Family Violence Act 2016, section 115 (Definitions—pt 9).
3	Legislation amended
This Act amends the following legislation:
·	Evidence (Miscellaneous Provisions) Act 1991
·	Family Violence Act 2016
·	Personal Violence Act 2016.

Part 2	Evidence (Miscellaneous Provisions) Act 1991
4	Division 4.3.3 heading
substitute
Division 4.3.3	Recorded statement of police interview admissible as evidence—family violence offence proceedings 
5	Recorded statement—offence to publish
Section 81G (2)
substitute
	(2)	For this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with—
	(a)	the investigation of, or a proceeding for, an offence in relation to which the recorded statement is prepared; or
	(b)	a re‑hearing, re‑trial or appeal in relation to the proceeding; or
	(c)	a proceeding for an application for a protection order under the Family Violence Act 2016 if—
	(i)	the affected person in relation to the application for the protection order is the complainant in relation to the recorded statement; and
	(ii)	the respondent to the application for the protection order is the person against whom the family violence offence, the subject of the recorded statement, is alleged.
6	New division 4.3.4
insert
Division 4.3.4	Recorded statement of police interview admissible as evidence—application for protection order
81H	Recorded statement—may be admitted as evidence in application for family violence protection order
	(1)	This section applies if a recorded statement is made in relation to an alleged family violence offence.
	(2)	The recorded statement may be admitted by the Magistrates Court in a proceeding for an application for a protection order under the Family Violence Act 2016 if—
	(a)	the affected person in relation to the application for the protection order is the complainant in relation to the recorded statement; and
	(b)	the respondent to the application for the protection order is the person against whom the family violence offence is alleged.

Part 3	Family Violence Act 2016
7	Section 2
substitute
2	Commencement
	(1)	The following provisions (the national recognition provisions) commence on a day fixed by the Minister by written notice:
·	part 9 (National recognition of FVOs)
·	section 200 (Existing registered orders under repealed Act)
·	dictionary, definitions of 
corresponding law
family violence concern
family violence order, paragraph (b)
final FVO
foreign order
FVO
general violence order
interim FVO
interstate FVO
interstate law enforcement agency
issuing authority
issuing jurisdiction
jurisdiction
local FVO
local law enforcement agency
make
New Zealand FVO
non-local FVO
participating jurisdiction
properly notified
recognised amendment
recognised FVO
registered foreign order.
Note	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
	(2)	The remaining provisions commence on 1 May 2017.
Note 	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(3)	If the national recognition provisions have not commenced within 12 months beginning on this Act’s notification day, they automatically commence on the first day after that period.
	(4)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to the national recognition provisions.
8	Principle about procedures
Section 12
omit
under
substitute
for
9	New section 13A
in division 2.3, insert
13A	Rules of evidence
To remove any doubt, the Magistrates Court need not comply with the rules of evidence applying in the ACT in a proceeding under this Act.
Note	The Magistrates Court may inform itself in any way it considers appropriate in a proceeding for a family violence order (see s 65).
10	Matters to be considered—family violence orders
Section 14 (1) (i)
omit
11	New section 14 (2A)
insert
	(2A)	A failure of the court to comply with subsection (1) in relation to a family violence order does not affect the validity of the order.
12	New sections 16A and 16B
insert
16A	Child may apply for protection order in same application as parent
	(1)	This provision applies if a child and the child’s parent are each an affected person in relation to the same or similar family violence by a respondent.
	(2)	An application for a protection order by the child may be included in an application for a protection order by the child’s parent.
Note	The court may hear the application of the child and the child’s parent separately (see s 60C).  
16B	Applications by police officers
	(1)	This section applies if a police officer makes an application for a protection order for an affected person.
	(2)	The police officer must tell the Magistrates Court whether the affected person consents to the application.
13	Application forms that require affected person’s address
Section 17 (2), new note
insert
Note	If a party to an application for a protection order is not represented by a lawyer, any address for service given to the court must not be given to the other party without the self-represented party’s consent (see s 70D).
14	Interim orders—only on application for final order
Section 20 (2)
substitute
	(2)	The Magistrates Court may make an interim order at any time before the application for the final order is decided.
15	General interim orders—length
Section 24 (2) and note
omit
16	General interim orders—taken to be special interim orders if related charges laid
Section 26 (2), new note
insert
Note	The application for the final order must not be decided until all related charges are finalised (see s 31 (1)).
17	Section 26 (3) and note
substitute
	(3)	Unless section 31 (2) (Special interim orders—application not to be decided until related charges finalised) applies, the return date for a hearing to decide the application for the final order must be changed after all related charges are finalised to a day as soon as practicable after the day all related charges are finalised.
Note	Under s 31 (2), an application for a final order may be finalised by the court before all related charges are finalised by consent or if a party is not present at a time when the application for the final order is returned before the Magistrates Court.
18	Special interim orders—application not to be decided until related charges finalised
Section 31 (2) (a)
substitute
	(a)	under section 53 (Applicant not present at return of application); or
	(aa)	under section 54 (Respondent not present at return of application); or
19	Special interim orders—final application decided
Section 32 (1), note
substitute
Note 	The court must not decide the application for the final order, unless by consent or because a party is not present at a time when the application is returned before the court, until all related charges are finalised (see s 31).
20	Section 32 (5)
omit
for the application
substitute
for the hearing of the application for the final order
21	New section 33A
in division 3.4, insert
33A	Consent to interim order becoming final order
	(1)	This section applies if a court makes an interim order in the absence of a respondent.
	(2)	If the respondent wishes to consent to the interim order becoming a final order, the respondent may—
	(a)	fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and
	(b)	indicate on the endorsement copy that the respondent consents to the interim order becoming a final order; and
	(c)	return it to the Magistrates Court before the return date for the application for the final order.
	(3)	If the respondent acts under subsection (2), the interim order becomes a final order on the day the Magistrates Court receives the endorsement copy.
	(4)	In this section:
endorsement copy, of an interim order, means the copy of the interim order marked as the endorsement copy under section 70C (1).
22	Final orders—length 
Section 35 (1), note
after
family violence
insert
by the respondent
23	Divisions 4.1 and 4.2
substitute
Division 4.1	What Magistrates Court must do after receiving application for protection order
45	Meaning of timing notice
In this Act:
timing notice, for a preliminary conference, means a written notice stating—
	(a)	the return date, time and place of the conference; and
	(b)	that if a party to the application does not appear at the conference, the court may decide the application in the party’s absence.
46	Interim order not sought
If the Magistrates Court receives an application for a protection order and an interim order is not sought, the registrar must do the following:
	(a)	set a return date for a preliminary conference which is as soon as practicable after the day the application is received;
	(b)	as soon as practicable serve on the respondent—
	(i)	a copy of the application; and
	(ii)	a timing notice for the conference;
	(c)	as soon as practicable give the applicant a timing notice.
Note 	The application for the protection order and timing notice must be served personally on the respondent (see s 70A).
47	Interim order sought
	(1)	If the Magistrates Court receives an application for a protection order and an interim order is sought, the court must do the following:
	(a)	set a return date for a hearing for the interim order which is not later than 2 days after the day the application is received; 
	(b)	after the hearing for the interim order—
	(i)	set a return date for a preliminary conference which is as soon as practicable after the hearing; and
	(ii)	as soon as practicable serve on the respondent—
	(A)	a copy of the application; and
	(B)	a copy of the interim order; and
	(C)	a timing notice for the conference; and
	(iii)	as soon as practicable give the applicant a timing notice.
Note 	The application for the protection order and timing notice must be served personally on the respondent (see s 70A).
	(2)	Subsection (1) (b) continues to apply even if the order is taken to be a special interim order under section 26 (General interim orders—taken to be special interim orders if related charges laid) before a preliminary conference is held.
48	Service of application etc on others
	(1)	This section applies to a document required to be served under section 46 or section 47.
	(2)	The registrar—
	(a)	must also give a copy of the document to the following people:
	(i)	if the applicant or respondent is a child—the child’s parent or guardian; 
	(ii)	if the applicant or respondent has a disability guardian—the guardian; and
	(b)	may also give a copy of the document to anyone else the registrar considers appropriate.
Note	Section 70F contains provisions about giving a document to a child or the child’s parent or guardian.
	(3)	The failure of the registrar to comply with subsection (2) (a) does not affect the validity of any protection order or other order under this Act.
Division 4.2	Preliminary conferences
49	Preliminary conferences—generally
	(1)	The objects of a preliminary conference in relation to an application for a protection order are to—
	(a)	find out whether the proceeding for the order may be settled by consent before it is heard by the Magistrates Court; and
	(b)	ensure the application is ready to be heard as soon as practicable.
Note 1	Before making a consent order, the court must explain certain things about the order (see s 66 and s 67).
Note 2	Words spoken or anything done at the preliminary conference that is related to a question to be decided by the court in the proceeding for the protection order is generally inadmissible as evidence in the proceeding (see s 62).
	(2)	The failure of the registrar to hold a preliminary conference in relation to an application for a protection order does not affect the validity of the protection order.
50	Adjournment of preliminary conference for non-service
The registrar may adjourn a preliminary conference if—
	(a)	the registrar has set a return date for the preliminary conference; and
	(b)	the respondent has not been served in accordance with section 46 or section 47; and
	(c)	the registrar is satisfied the respondent may be served in accordance with section 46 or section 47 if further time for service were allowed.
Note 1	The court may direct that service be effected in another way if personal service is not reasonably practicable (see s 70A (2)). 
Note 2	The registrar may also extend a general interim order (see s 28).
51	If no consent order at preliminary conference
If a preliminary conference in relation to an application for a protection order is held and a consent order is not made, the registrar must—
	(a)	set a return date for a further preliminary conference which is as soon as practicable after the day of the first conference; or
	(b)	set a return date for a hearing to decide the application for the final order; or
	(c)	if a special interim order has been made—adjourn the proceeding until all related charges are finalised. 
Division 4.2A	Non-attendance by party
52	Meaning of returned before the court—div 4.2A
For this division, a time when an application for a protection order is returned before the Magistrates Court means—
	(a)	a return date set for a preliminary conference; or
	(b)	a return date set for a hearing of the application for a final order.
53	Applicant not present at return of application
If the applicant is not present, personally or by a representative, at a time when an application for a protection order is returned before the Magistrates Court, the court must—
	(a)	dismiss the application; or
	(b)	adjourn the proceeding.
Note 	An interim order ends if the application for a final order on which the interim order was made is discontinued or dismissed (see s 25).
54	Respondent not present at return of application
	(1)	This section applies to an application for a protection order if the respondent—
	(a)	has been served with a copy of the application and timing notice under section 46 or section 47; and
	(b)	is not present, personally or by a representative, at a time when the application is returned before the Magistrates Court.
	(2)	The Magistrates Court must—
	(a)	decide the application in the respondent’s absence; or
	(b)	if the court considers it appropriate—
	(i)	issue a warrant for the respondent to be arrested and brought before the court; and
	(ii)	adjourn the proceeding until the respondent is brought before the court.
	(3)	This section does not prevent the Magistrates Court from making an interim order in the proceeding.
54A	Neither party present at return of application
	(1)	If neither party to an application for a protection order is present, personally or by a representative, at a time when the application is returned before the court, the Magistrates Court may order that the proceeding be dismissed.
	(2)	If the Magistrates Court orders that the proceeding be dismissed, the court must not make an order about costs.
24	Sections 55, 56 and 57
omit
25	Public hearing not required
Section 59 (a), (b) and (c)
substitute
	(a)	it is a hearing for an interim order; or
	(b)	a party is not present at a time when the application is returned before the court.
Note	Division 4.2A provides for what happens if a party is not present when an application for a final order is returned before the court.
26	New section 59 (2)
insert
	(2)	In this section:
returned, in relation to an application for a protection order—see section 52.
27	New sections 60A to 60D
insert
60A	Notice of grounds of defence
	(1)	A respondent in a proceeding for an application for a protection order may file a notice of grounds of defence at any time before the end of the proceeding.
Note	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
	(2)	The registrar must serve the notice of grounds of defence on—
	(a)	the applicant; and
	(b)	anyone else the registrar is satisfied has a relevant interest in the proceeding.
Example
a parent or guardian of a child who is an applicant if the parent or guardian does not live with the child
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The respondent does not waive any objection the respondent may have on the grounds of lack of jurisdiction in the court to decide the proceeding only because the respondent files a notice of grounds of defence.
60B	Applicant may rely on additional information in hearing
An applicant for a protection order may in a hearing of an application for a protection order—
	(a)	rely on information other than information stated in the application; and
	(b)	present additional information to support the application.
60C	If child and child’s parent are affected people
If a child and the child’s parent are an affected person in relation to the same or similar family violence by a respondent in a proceeding—
	(a)	if an application for a protection order by the child is included in an application for a protection order by the child’s parent under section 16A—the court may hear the application of the child and the child’s parent separately; or
	(b)	if the child is not a party to the proceeding—the court may join the child in the proceeding.
60D	Children as witnesses
	(1)	A child, other than a child who is party to a proceeding, may be called as a witness in the proceeding only with the court’s leave.
	(2)	In deciding whether to give leave, the court must consider—
	(a)	the need to protect the child from unnecessary exposure to the court system; and 
	(b)	the harm that could be done to the child and the child’s relationship with a family member if the child gives evidence.
	(3)	If the court gives leave, the court may restrict cross-examination of the child if satisfied that it is in the best interests of the child to do so.
28	Discontinuance
Section 61 (1), note
substitute
Note 1	The court may make an order for costs against an applicant if satisfied the application was vexatious, frivolous or in bad faith. However, an application is not vexatious, frivolous or in bad faith only because it is made then discontinued (see s 73).
Note 2	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
29	New section 62A
insert
62A	Giving evidence by affidavit for interim order
	(1)	This section applies if a police officer applies for a protection order on behalf of an affected person.
	(2)	In a proceeding for an interim order, evidence may be given by an affidavit—
	(a)	made by the affected person or a police officer; and
	(b)	witnessed by a police officer of, or above, the rank of sergeant.
30	Service of protection orders
Section 70
omit
31	New division 4.4A
insert
Division 4.4A	Service of documents
70A	Personal service of application on respondent
	(1)	An application for a protection order and timing notice must be served personally on the respondent.
	(2)	However, if personal service is not reasonably practicable, the court may order that the application be served in a way, stated in the order, that the court considers is likely to bring the application and timing notice to the attention of the respondent.
70B	Dismissal of application for non-service
The Magistrates Court may dismiss an application for a protection order if satisfied that—
	(a)	the application cannot be served on the respondent in accordance with section 70A; and
	(b)	no alternative way of service would be effective to serve the application on the respondent; and
	(c)	the respondent has not intentionally avoided service.
70C	Service of protection orders
	(1)	If a court makes a protection order, the registrar must—
	(a)	if the order is an interim order—serve 2 copies of the order (1 marked as the endorsement copy) on the respondent as soon as practicable; and
	(b)	if the order is not an interim order—serve a copy of the order on the respondent; and
	(c)	give a copy of the order to—
	(i)	each other party to the proceeding; and
	(ii)	the chief police officer; and
	(iii)	the registrar of firearms; and
	(iv)	if a party to the proceeding is a child—the child’s parent or guardian; and
	(v)	if a party to the proceeding has a disability guardian—the guardian; and
	(vi)	anyone else the court is satisfied has a relevant interest in the proceeding who does not already have a copy of the order.
Note 1	Section 108 provides for service of an after-hours order.
Note 2	Section 70F contains provisions about giving a document to a child or the child’s parent or guardian.
	(2)	If the registrar serves a special interim order on a person, the registrar must also give the person a notice telling the person that—
	(a)	the respondent may apply to the court for review of the order under section 87 (Special interim orders—application for review); and
	(b)	if a preliminary conference in relation to the application for the protection order is held and a consent order is not made—the court will set a return date for a hearing to decide the application for the final order after all related charges are finalised.
	(3)	Service under subsection (1) (a) must be personal service unless—
	(a)	the respondent is present when the protection order is made; or
	(b)	a court makes an order under section 70A (2).
	(4)	The failure of the registrar to comply with subsection (1) (c) (iv) or (v) does not affect the validity of the protection order.
70D	Self-represented parties
	(1)	This section applies if a party to an application for a protection order is not represented by a lawyer.
	(2)	Unless the court requires a document to be served by a police officer, the registrar must serve any document required to be served by the self-represented party.
	(3)	Any address for service given to the court must not be given to the other party without the self-represented party’s consent.
70E	Service of documents by police 
A court may direct that a document required to be served on someone be served by a police officer.
70F	Giving documents to child or child’s parent or guardian
	(1)	If a document is required to be given to a child, it must not be given at or near the child’s school unless there is no other place where the document may be reasonably given to the child.
	(2)	If a document is required to be given to a child’s parent or guardian—
	(a)	the document need not be given if the parent or guardian is also a party to the application or proceeding; and
	(b)	the court may order that the document is not required to be given if satisfied that—
	(i)	giving the document is not reasonably practicable; or
	(ii)	there are circumstances that justify the document not being given.
Examples—subpar (ii)
1	the child is estranged from the child’s parent
2	there would be an unacceptable risk to the child’s safety if the parent or guardian was given the document
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	In this section:
guardian includes a disability guardian.
32	New section 71A
insert
71A	Request for further particulars
A party may only seek further particulars of an applicant for a protection order with the court’s leave.
33	Directions about procedure 
Section 72
omit
34	Costs
Section 73 (2), note
omit
s 57
substitute
s 54A
35	Litigation guardian—appointment
Section 78 (1) (a)
omit
individual
substitute
adult
36	New section 82A
insert
82A	Preliminary conferences
If the Magistrates Court receives an application under section 82, the registrar must do the following:
	(a)	set a return date for a preliminary conference which is as soon as practicable after the day the application is received;
	(b)	as soon as practicable personally serve on the other party—
	(i)	a copy of the application; and
	(ii)	a timing notice for the conference;
	(c)	as soon as practicable give the applicant a timing notice.
37	Amendment of protection orders
Section 83 (1) (a)
omit
38	Section 83 (1), example and note
omit
39	Section 83 (5) and note
substitute
	(5)	If the parties consent to the application to amend the protection order, the Magistrates Court must amend the order regardless of whether or not—
	(a)	the grounds mentioned in subsection (1) (b), (c) and (d) have been made out; or
	(b)	the court has considered those grounds.
40	General interim orders made by consent—extension
Section 85 (1)
omit
, of up to 8 weeks
41	Section 85 (2)
omit
42	Final orders—extension
Section 86 (3), (4) and (5) and note
omit
43	Special interim orders—application for review
Section 87 (d)
omit
44	Special interim orders—review 
Section 88 (3)
after
special interim order
insert
and the protected person is not present in court when the order is revoked
45	Section 89 heading
substitute
89	Final orders—application for review
46	Section 89 (1)
omit
other than a consent order
47	Section 89 (1), note
after
Section 91
insert
also
48	New section 89 (3A)
insert
	(3A)	The Magistrates Court may grant leave under subsection (2) (c) only if satisfied there has been a change in the circumstances of a party to the order or it is in the interests of justice to do so.
49	Section 90 heading
substitute
90	Final orders—review
50	Section 90 (3)
after
original order
insert
and the protected person is not present in court when the order is revoked
51	Consent orders—review
Section 91 (1)
after
may
insert
also
52	Section 91 (1)
omit
only
53	New section 91A
insert
91A	Preliminary conferences
If the Magistrates Court receives an application under section 87, section 89 or section 91, the registrar must do the following:
	(a)	set a return date for a preliminary conference which is as soon as practicable after the day the application is received;
	(b)	as soon as practicable personally serve on the other party—
	(i)	a copy of the application; and
	(ii)	a timing notice for the conference;
	(c)	as soon as practicable give the applicant a timing notice.
54	Giving notice of appeal
Section 94
omit
55	Court-initiated interim orders
Section 112 (1), note
omit
s 70
substitute
s 70C
56	Interim court-initiated protection order taken to be special interim order
Section 113 (a)
omit
in accordance with section 45
substitute
on the respondent 
57	Section 113 (e) and (f)
substitute
	(e)	section 47 (1) (b) (Interim order sought) applies to the order; and 
	(f)	section 48 (Service of application etc on others) applies to the order; and
	(g)	division 4.2 (Preliminary conferences) applies to the order; and
	(h)	division 4.2A (Non-attendance by party) applies to the order.
58	Definitions—pt 9
Section 115, definition of registered foreign order
substitute
registered foreign order means—
	(a)	a foreign order of another jurisdiction prescribed by regulation; or
	(b)	a foreign order registered under section 134B.
59	Meaning of properly notified—pt 9
Section 117
omit
division 4.1 (Service of applications)
substitute
division 4.4A (Service of documents)
60	Making new orders
Section 123 (2)
omit
make
substitute
apply for
61	New division 9.3A
insert
Division 9.3A	Registration of foreign orders
134A	Applications for registration of foreign orders
	(1)	A person may apply to the registrar for registration of a foreign order.
Note 	If a form is approved under the Court Procedures Act 2004, s 8 for an application, the form must be used.
	(2)	The application must be accompanied by the foreign order or a certified copy of the order.
134B	Registration of foreign orders
	(1)	On receiving an application under section 134A, the registrar must register the foreign order.
	(2)	If the registrar registers a foreign order, the registrar must—
	(a)	give the chief police officer a copy of—
	(i)	the application for registration; and
	(ii)	the foreign order; and
	(b)	tell the court that made the foreign order, in writing, that the order has been registered.
62	New sections 198 and 199
in part 20, insert
198	Meaning of repealed Act—pt 20
In this part:
repealed Act means the Domestic Violence and Protection Orders Act 2008.
199	Applications and orders under repealed Act
	(1)	This section applies if—
	(a)	an application for a domestic violence order is made under the repealed Act; or 
	(b)	a domestic violence order is made under the repealed Act.
	(2)	The application or domestic violence order is taken to have been made under this Act.
	(3)	A proceeding for or in relation to an application for a domestic violence order under the repealed Act is taken to be a proceeding under this Act.
Note	Any procedural requirement under this Act, the Court Procedures Act 2004 or any other territory law will apply to a proceeding under the repealed Act.
	(4)	To avoid doubt, if an application or an order is properly made under the repealed Act, or taken to have been properly made under the repealed Act, section 27 or section 28, it is taken to have been properly made under this Act.
63	New section 199 (2A)
insert
	(2A)	However, part 9 (National Recognition of FVOs) does not apply to a domestic violence order made under the repealed Act.
64	Existing registered orders under repealed Act
Section 200 (4)
omit
65	New section 200A
insert
200A	Preservation of repealed Act, pt 12 
The repealed Act, part 12 (Reciprocal arrangements) as in force immediately before its repeal continues to apply in relation to an order that corresponds to a domestic violence order until the commencement of part 9 (National recognition of FVOs).
66	Dictionary, note 2
insert
·	adult
67	Dictionary, note 2
omit
·	individual
68	Dictionary, new definition of returned 
insert
returned, in relation to an application for a protection order, for division 4.2A (Non-attendance by party)—see section 52.
69	Dictionary, definition of timing notice
substitute
timing notice, for a preliminary conference—see section 45.

Part 4	Personal Violence Act 2016
70	Principle about procedures
Section 9
omit
under
substitute
for
71	New section 10A
in division 2.2, insert
10A	Rules of evidence
To remove any doubt, the Magistrates Court need not comply with the rules of evidence applying in the ACT in a proceeding under this Act.
Note	The Magistrates Court may inform itself in any way it considers appropriate in a proceeding for a protection order (see s 59).
72	Matters to be considered—protection orders
Section 11 (1) (f)
omit
73	New section 11 (2A)
insert
	(2A)	A failure of the court to comply with subsection (1) in relation to a protection order does not affect the validity of the order.
74	New sections 13A and 13B
insert
13A	Child may apply for protection order in same application as parent
	(1)	This provision applies if a child and the child’s parent are each an affected person in relation to the same or similar personal violence by a respondent.
	(2)	An application for a protection order by the child may be included in an application for a protection order by the child’s parent.
Note	The court may hear the application of the child and the child’s parent separately (see s 55C).  
13B	Applications by police officers
	(1)	This section applies if a police officer makes an application for a personal protection order for an affected person.
	(2)	The police officer must tell the Magistrates Court whether the affected person consents to the application.
75	Application forms that require affected person’s address
Section 14 (2), new note
insert
Note	If a party to an application for a protection order is not represented by a lawyer, any address for service given to the court must not be given to the other party without the self-represented party’s consent (see s 64D).
76	Interim orders—only on application for final order
Section 17 (2)
substitute
	(2)	The Magistrates Court may make an interim order at any time before the application for the final order is decided.
77	Interim orders—length
Section 20 (2) and note
omit
78	New section 24A
in division 3.4, insert
24A	Consent to interim order becoming final order
	(1)	This section applies if a court makes an interim order in the absence of a respondent.
	(2)	If the respondent wishes to consent to the interim order becoming a final order, the respondent may—
	(a)	fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and
	(b)	indicate on the endorsement copy that the respondent consents to the interim order becoming a final order; and
	(c)	return it to the Magistrates Court before the return date for the application for the final order.
	(3)	If the respondent acts under subsection (2), the interim order becomes a final order on the day the Magistrates Court receives the endorsement copy.
	(4)	In this section:
endorsement copy, of an interim order, means the copy of the interim order marked as the endorsement copy under section 64C (1).
79	Final orders—length 
Section 27 (1), note
after
personal violence
insert
by the respondent
80	Divisions 4.1 and 4.2
substitute
Division 4.1	What Magistrates Court must do after receiving application for protection order
39	Meaning of timing notice
In this Act:
timing notice, for a preliminary conference, means a written notice stating—
	(a)	the return date, time and place of the conference; and
	(b)	that if a party to the application does not appear at the conference, the court may decide the application in the party’s absence.
40	Interim order not sought
If the Magistrates Court receives an application for a protection order and an interim order is not sought, the registrar must do the following:
	(a)	set a return date for a preliminary conference which is as soon as practicable after the day the application is received;
	(b)	as soon as practicable serve on the respondent—
	(i)	a copy of the application; and
	(ii)	a timing notice for the conference;
	(c)	as soon as practicable give the applicant a timing notice.
Note 	The application for the protection order and timing notice must be served personally on the respondent (see s 64A).
41	Interim order sought
If the Magistrates Court receives an application for a protection order and an interim order is sought, the court must do the following:
	(a)	set a return date for a hearing for the interim order which is not later than 2 days after the day the application is received; 
	(b)	after the hearing for the interim order—
	(i)	set a return date for a preliminary conference which is as soon as practicable after the hearing; and
	(ii)	as soon as practicable serve on the respondent—
	(A)	a copy of the application; and
	(B)	a copy of the interim order; and
	(C)	a timing notice for the conference; and
	(iii)	as soon as practicable give the applicant a timing notice.
Note 	The application for the protection order and timing notice must be served personally on the respondent (see s 64A).
42	Service of application etc on others
	(1)	This section applies to a document required to be served under section 40 or section 41.
	(2)	The registrar—
	(a)	must also give a copy of the document to the following people:
	(i)	if the applicant or respondent is a child—the child’s parent or guardian; 
	(ii)	if the applicant or respondent has a disability guardian—the guardian; and
	(b)	may also give a copy of the document to anyone else the registrar considers appropriate.
Note	Section 64F contains provisions about giving a document to a child or the child’s parent or guardian.
	(3)	The failure of the registrar to comply with subsection (2) (a) does not affect the validity of any protection order or other order under this Act.
Division 4.2	Preliminary conferences
43	Preliminary conferences—generally
	(1)	The objects of a preliminary conference in relation to an application for a protection order are to—
	(a)	find out whether the proceeding for the order may be settled by consent before it is heard by the Magistrates Court; and
	(b)	ensure the application is ready to be heard as soon as practicable.
Note 1	Before making a consent order, the court must explain certain things about the order (see s 60 and s 61).
Note 2	Words spoken or anything done at the preliminary conference that is related to a question to be decided by the court in the proceeding for the protection order is generally inadmissible as evidence in the proceeding (see s 57).
	(2)	The failure of the registrar to hold a preliminary conference in relation to an application for a protection order does not affect the validity of the protection order.
44	Adjournment of preliminary conference for non-service
The registrar may adjourn a preliminary conference if—
	(a)	the registrar has set a return date for the preliminary conference; and
	(b)	the respondent has not been served in accordance with section 40 or section 41; and
	(c)	the registrar is satisfied the respondent may be served in accordance with section 40 or section 41 if further time for service were allowed.
Note 1	The court may direct that service be effected in another way if personal service is not reasonably practicable (see s 64A (2)). 
Note 2	The registrar may also extend an interim order (see s 23).
45	If no consent order at preliminary conference
If a preliminary conference in relation to an application for a protection order is held and a consent order is not made, the registrar must—
	(a)	set a return date for a further preliminary conference which is as soon as practicable after the day of the first conference; or
	(b)	set a return date for a hearing to decide the application for the final order.
46	Referrals to mediation
	(1)	This section applies if, at any time during the preliminary conference for an application for a protection order, the registrar is satisfied that the application is likely to be more effectively resolved by mediation than by a hearing.
	(2)	The registrar must—
	(a)	recommend to the parties to the application that they seek mediation; and
	(b)	give the parties information about mediation; and
	(c)	adjourn the preliminary conference until a stated date to allow for mediation to happen.
Note	The Court Procedures Act 2004, pt 5A (Mediation) applies to a mediation in relation to a proceeding in a court.
Division 4.2A	Non-attendance by party
47	Meaning of returned before the court—div 4.2A
For this division, a time when an application for a protection order is returned before the Magistrates Court means—
	(a)	a return date set for a preliminary conference; or
	(b)	a return date set for a hearing of the application for a final order.
48	Applicant not present at return of application
If the applicant is not present, personally or by a representative, at a time when an application for a protection order is returned before the Magistrates Court, the court must—
	(a)	dismiss the application; or
	(b)	adjourn the proceeding.
Note 	An interim order ends if the application for a final order on which the interim order was made is discontinued or dismissed (see s 21).
49	Respondent not present at return of application
	(1)	This section applies to an application for a protection order if the respondent—
	(a)	has been served with a copy of the application and timing notice under section 40 or section 41; and
	(b)	is not present, personally or by a representative, at a time when the application is returned before the Magistrates Court.
	(2)	The Magistrates Court must—
	(a)	decide the application in the respondent’s absence; or
	(b)	if the court considers it appropriate—
	(i)	issue a warrant for the respondent to be arrested and brought before the court; and
	(ii)	adjourn the proceeding until the respondent is brought before the court.
	(3)	This section does not prevent the Magistrates Court from making an interim order in the proceeding.
49A	Neither party present at return of application
	(1)	If neither party to an application for a protection order is present, personally or by a representative, at a time when the application is returned before the court, the Magistrates Court may order that the proceeding be dismissed.
	(2)	If the Magistrates Court orders that the proceeding be dismissed, the court must not make an order about costs.
81	Sections 50, 51 and 52
omit
82	Public hearing not required
Section 54 (a), (b) and (c)
substitute
	(a)	it is a hearing for an interim order; or
	(b)	a party is not present at a time when the application is returned before the court.
Note	Division 4.2A provides for what happens if a party is not present when an application for a final order is returned before the court.
83	New section 54 (2)
insert
	(2)	In this section:
returned, in relation to an application for a protection order—see section 47.
84	New sections 55A to 55D
insert
55A	Notice of grounds of defence
	(1)	A respondent in a proceeding for an application for a protection order may file a notice of grounds of defence at any time before the end of the proceeding.
Note	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
	(2)	The registrar must serve the notice of grounds of defence on—
	(a)	the applicant; and
	(b)	anyone else the registrar is satisfied has a relevant interest in the proceeding.
Example
a parent or guardian of a child who is an applicant if the parent or guardian does not live with the child
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The respondent does not waive any objection the respondent may have on the grounds of lack of jurisdiction in the court to decide the proceeding only because the respondent files a notice of grounds of defence.
55B	Applicant may rely on additional information in hearing
An applicant for a protection order may in a hearing of an application for a protection order—
	(a)	rely on information other than information stated in the application; and
	(b)	present additional information to support the application.
55C	If child and child’s parent are affected people
If a child and the child’s parent are an affected person in relation to the same or similar personal violence by a respondent in a proceeding—
	(a)	if an application for a protection order by the child is included in an application for a protection order by the child’s parent under section 13A—the court may hear the application of the child and the child’s parent separately; or
	(b)	if the child is not a party to the proceeding—the court may join the child in the proceeding.
55D	Children as witnesses
	(1)	A child, other than a child who is party to a proceeding, may be called as a witness in the proceeding only with the court’s leave.
	(2)	In deciding whether to give leave, the court must consider—
	(a)	the need to protect the child from unnecessary exposure to the court system; and 
	(b)	the harm that could be done to the child if the child gives evidence.
	(3)	If the court gives leave, the court may restrict cross-examination of the child if satisfied that it is in the best interests of the child to do so.
85	Discontinuance
Section 56 (1), note
substitute
Note 1	The court may make an order for costs against an applicant if satisfied the application was vexatious, frivolous or in bad faith. However, an application is not vexatious, frivolous or in bad faith only because it is made then discontinued (see s 67).
Note 2	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
86	New section 57A
insert
57A	Giving evidence by affidavit for interim order
	(1)	This section applies if a police officer applies for a personal protection order on behalf of an affected person.
	(2)	In a proceeding for an interim order, evidence may be given by an affidavit—
	(a)	made by the affected person or a police officer; and
	(b)	witnessed by a police officer of, or above, the rank of sergeant.
87	Service of protection orders
Section 64
omit
88	New division 4.4A
insert
Division 4.4A	Service of documents
64A	Personal service of application on respondent
	(1)	An application for a protection order and timing notice must be served personally on the respondent.
	(2)	However, if personal service is not reasonably practicable, the court may order that the application be served in a way, stated in the order, that the court considers is likely to bring the application and timing notice to the attention of the respondent.
64B	Dismissal of application for non-service
The Magistrates Court may dismiss an application for a protection order if satisfied that—
	(a)	the application cannot be served on the respondent in accordance with section 64A; and
	(b)	no alternative way of service would be effective to serve the application on the respondent; and
	(c)	the respondent has not intentionally avoided service.
64C	Service of protection orders
	(1)	If the Magistrates Court makes a protection order, the registrar must—
	(a)	if the order is an interim order—serve 2 copies of the order (1 marked as the endorsement copy) on the respondent as soon as practicable; and
	(b)	if the order is not an interim order—serve a copy of the order on the respondent; and
	(c)	give a copy of the order to—
	(i)	each other party to the proceeding; and
	(ii)	the chief police officer; and
	(iii)	the registrar of firearms; and
	(iv)	if a party to the proceeding is a child—the child’s parent or guardian; and
	(v)	if a party to the proceeding has a disability guardian—the guardian; and
	(vi)	anyone else the court is satisfied has a relevant interest in the proceeding who does not already have a copy of the order.
Note 	Section 64F contains provisions about giving a document to a child or the child’s parent or guardian.
	(2)	Service under subsection (1) (a) must be personal service unless—
	(a)	the respondent is present when the protection order is made; or
	(b)	a court makes an order under section 64A (2).
	(3)	The failure of the registrar to comply with subsection (1) (c) (iv) or (v) does not affect the validity of the protection order.
64D	Self-represented parties
	(1)	This section applies if a party to an application for a protection order is not represented by a lawyer.
	(2)	Unless the Magistrates Court requires a document to be served by a police officer, the registrar must serve any document required to be served by the self-represented party.
	(3)	Any address for service given to the Magistrates Court must not be given to the other party without the self-represented party’s consent.
64E	Service of documents by police 
The Magistrates Court may direct that a document required to be served on someone be served by a police officer.
64F	Giving documents to child or child’s parent or guardian
	(1)	If a document is required to be given to a child, it must not be given at or near the child’s school unless there is no other place where the document may be reasonably given to the child.
	(2)	If a document is required to be given to a child’s parent or guardian—
	(a)	the document need not be given if the parent or guardian is also a party to the application or proceeding; and
	(b)	the court may order that the document is not required to be given if satisfied that—
	(i)	giving the document is not reasonably practicable; or
	(ii)	there are circumstances that justify the document not being given.
Examples—subpar (ii)
1	the child is estranged from the child’s parent
2	there would be an unacceptable risk to the child’s safety if the parent or guardian was given the document
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	In this section:
guardian includes a disability guardian.
89	New section 65A
insert
65A	Request for further particulars
A party may only seek further particulars of an applicant for a protection order with the Magistrate Court’s leave.
90	Directions about procedure 
Section 66
omit
91	Costs
Section 67 (2), note
omit
s 52
substitute
s 49A
92	Litigation guardian—appointment
Section 72 (1) (a)
omit
individual
substitute
adult
93	New section 76A
insert
76A	Preliminary conferences
If the Magistrates Court receives an application under section 76, the registrar must do the following:
	(a)	set a return date for a preliminary conference which is as soon as practicable after the day the application is received;
	(b)	as soon as practicable personally serve on the other party—
	(i)	a copy of the application; and
	(ii)	a timing notice for the conference;
	(c)	as soon as practicable give the applicant a timing notice.
94	Amendment of protection orders
Section 77 (1) (a)
omit
95	Section 77 (1), example and note
omit
96	Section 77 (5) and note
substitute
	(5)	If the parties consent to the application to amend the protection order, the Magistrates Court must amend the order regardless of whether or not—
	(a)	the grounds mentioned in subsection (1) (b), (c) and (d) have been made out; or
	(b)	the court has considered those grounds.
97	Interim orders made by consent—extension
Section 79 (1)
omit
, of up to 8 weeks
98	Section 79 (2)
omit
99	Final orders—extension
Section 80 (3), (4) and (5) and note
omit
100	Section 81 heading
substitute
81	Final orders—application for review
101	Section 81 (1)
omit
other than a consent order
102	Section 81 (1), note
after
Section 83
insert
also
103	New section 81 (3A)
insert
	(3A)	The Magistrates Court may grant leave under subsection (2) (c) only if satisfied there has been a change in the circumstances of a party to the order or it is in the interests of justice to do so.
104	Section 82 heading
substitute
82	Final orders—review
105	Section 82 (3)
after
original order
insert
and the protected person is not present in court when the order is revoked
106	Consent orders—review
Section 83 (1)
after
may
insert
also
107	Section 83 (1)
omit
only
108	New section 83A
insert
83A	Preliminary conferences
If the Magistrates Court receives an application under section 81 the registrar must do the following:
	(a)	set a return date for a preliminary conference which is as soon as practicable after the day the application is received;
	(b)	as soon as practicable personally serve on the other party—
	(i)	a copy of the application; and
	(ii)	a timing notice for the conference;
	(c)	as soon as practicable give the applicant a timing notice.
109	Giving notice of appeal
Section 86
omit
110	New sections 198 and 199
in part 20, insert
198	Meaning of repealed Act—pt 20
In this part:
repealed Act means the Domestic Violence and Protection Orders Act 2008.
199	Applications and orders under repealed Act
	(1)	This section applies if—
	(a)	an application for a personal protection order is made under the repealed Act; or 
	(b)	a personal protection order is made under the repealed Act.
	(2)	The application or personal protection order is taken to have been made under this Act.
	(3)	A proceeding for or in relation to an application for a personal protection order under the repealed Act is taken to be a proceeding under this Act.
Note	Any procedural requirement under this Act, the Court Procedures Act 2004 or any other territory law will apply to a proceeding under the repealed Act.
	(4)	To avoid doubt, if an application or an order is properly made under the repealed Act, or taken to have been properly made under the repealed Act, section 27 or section 28, it is taken to have been properly made under this Act.
111	Existing registered orders under repealed Act
Section 200 (1) (a)
omit
Domestic Violence and Protection Orders Act 2008
substitute
repealed Act
112	Dictionary, note 2
insert
·	adult
113	Dictionary, note 2
omit
·	individual
114	Dictionary, new definition of returned 
insert
returned, in relation to an application for a protection order, for division 4.2A (Non-attendance by party)—see section 47. 
115	Dictionary, definition of timing notice
substitute
timing notice, for a preliminary conference—see section 39. 

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 16 February 2017.
2	Notification
	Notified under the Legislation Act on 6 April 2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Family and Personal Violence Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 30 March 2017. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2017