Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
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.