Section 86 of the Family Violence Act 2016 (ACT) creates a mandatory obligation to extend a final protection order governed by a single criterion — whether the order is no longer necessary to protect the protected person from family violence. Considerations relevant to the making of an original order (including hardship under s 14, parsimony under s 37, and exclusion condition factors under s 39) are not relevant to an extension application under s 86. An appeal under s 93 of the Act is by way of rehearing, not a hearing de novo. A respondent who wishes to challenge conditions of an order must make a separate amendment application under s 83, which involves a different test from the extension test under s 86.
The full text is available to signed-in members, including the 1 later case that cites this judgment.