Australian Capital Territory Numbered Acts

DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (NO. 46 OF 2008) - SECT 47

    (1)     In deciding an application for a final order, the Magistrates Court must consider the following:

        (a)     the objects of this Act (set out in section 6) and the principles for making protection orders (set out in section 7);

        (b)     the welfare of each child (if any) affected, or likely to be affected, by the respondent's conduct;

        (c)     the accommodation needs of the aggrieved person, each child (if any) of the aggrieved person, and each child (if any) of the respondent;

        (d)     any hardship that may be caused to the respondent or anyone else by the making of a protection order;

        (e)     if the court proposes to include in the protection order a prohibition or requirement mentioned in section 48 (3)—the income, assets and liabilities of the respondent and the aggrieved person (other than an aggrieved person who is a child);

Note     A prohibition under s 48 (3) (a) prohibits the respondent from taking possession of personal property reasonably needed by the aggrieved person or a child of the aggrieved person. A requirement under s 48 (3) (b) requires the respondent to give the aggrieved person personal property reasonably needed by the aggrieved person or a child of the aggrieved person.

        (f)     whether contact between the aggrieved person or the respondent, and any child of either of them, is relevant to the making of the protection order, and to any relevant family contact order of which the court is aware;

        (g)     if the respondent has previously engaged in conduct that is domestic violence, personal violence or personal violence in relation to a workplace—that conduct;

        (h)     if a protection order has previously been made in relation to the respondent—the protection order;

              (i)     if the respondent has previously contravened a protection order—the contravention;

        (j)     the need to ensure that property is protected from damage.

Note       This section does not apply to consent orders (see s 43 (2) (b)).

    (2)     The Magistrates Court may also consider anything else that is relevant.

    (3)     A failure by the Magistrates Court to consider the matter mentioned in subsection (1) (f) before making an order does not affect the validity of the order.

    (4)     In subsection (1) (h) and (i):

"protection order "includes the following orders:

        (a)     an order under a law of a State, another Territory or New Zealand that has the same effect or substantially the same effect as a protection order;

        (b)     a protection order made under the Domestic Violence Agencies Act 1986 as in force at any time;

        (c)     a protection order made under the Domestic Violence and Protection Orders Act 2001 as in force at any time;

        (d)     a restraining order made under the Magistrates Court Act 1930 before 27 March 2002.