Australian Capital Territory Numbered Acts

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DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (NO. 46 OF 2008) - SECT 76

What emergency order may contain

    (1)     An emergency order may prohibit the respondent from being on premises where the aggrieved person lives.

    (2)     An emergency order may do something mentioned in section 48 (2) (What final orders (other than workplace orders) may contain) (other than paragraph (a)) only if the judicial officer making the order is satisfied that it is necessary to ensure the safety of the aggrieved person.

Note       Section 48 (2) (a) allows the Magistrates Court to make an order prohibiting the respondent from being on premises where the aggrieved person lives.

    (3)     An emergency order may prohibit a respondent who is a child from being on premises where the child normally lives only if the judicial officer is satisfied that adequate arrangements have been made for the child's care and safety.

Example—when judicial officer may be satisfied adequate arrangements made for child

if a government agency responsible for the care and protection of children has found alternative accommodation for 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).



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