Restraining Orders Bill 1997

Bill No.

Long Title

The purpose of this Bill is to - distinguish between Violence Restraining Orders (VRO) and Misconduct Restraining Orders (MRO); provide for a restraining order to be made to prevent loitering; include a non-exclusive list of conditions to assist the Courts and to promote consistency; require the surrendering or seizure of firearms where a VRO is made, and allow the court to order firearms to be surrendered where a MRO is made; provide for applications for VROs to be made by telephone in urgent cases; allow for the clerk to authorise oral service of a restraining order if reasonable efforts to effect personal service have been unsuccessful and allows for the court to authorize any alternative method of service if the court is satisfied that the respondent is deliberately avoiding service in order to defeat the restraining order; make new arrangements for hearings and for variation or cancellation of orders; require the involvement of a "responsible adult" in restraining order proceedings involving juveniles but prohibits the making of a restraining order against children under the age of 10; provide for the court to be informed of any family order or application for such an order under the Family Law Act 1975 of the Commonwealth, or the Western Australian Family Court Act 1975; and prescribe penalties for breaches of orders.

Status

Assented to 08/28/1997
Royal Assent given 28 Aug 1997 as Act No. 19 of 1997. Different sections of this Act come into operation on Royal Assent and Proclamation. For details refer to Commencement Clause of the Bill (see also Assent and Commencement information for Acts)

Current Bill

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Previous Versions of this Bill

Progress

Legislative Assembly

Date

Note No.