A protective bail condition under the Bail Act 1982 (WA) that absolutely prohibits contact with a person is invalid and inoperative to the extent it is inconsistent with a Family Court contact order made under the Family Law Act 1975 (Cth), by operation of s 109 of the Constitution. Courts making or enforcing restraining orders must give full recognition to existing contact orders and should recite the specific terms of permitted contact rather than relying on generalised exception clauses. Telephone calls made by a contact parent in direct response to the resident parent's initiating call within the appointed contact period are authorised by the contact order.
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