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DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (NO. 46 OF 2008) - SECT 53

What must a court consider before making workplace orders?

    (1)     In deciding an application for a workplace 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)     any hardship that may be caused to the respondent or anyone else because of the making of a workplace order;

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

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

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

        (f)     the need to ensure that property in the workplace 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)     In subsection (1) (d) and (e):

"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.



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