Family Violence Act 2016

The registrar of the Magistrates Court may, by order, declare an FVO made in any jurisdiction to be a recognised FVO in this jurisdiction.

A declaration may be made in relation to an FVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised FVO in the ACT.

The jurisdiction in which the FVO was made does not have to be a participating jurisdiction.

The registrar must make a declaration under this section if an application for the declaration is made in accordance with this subdivision, unless the registrar decides to refuse to make the declaration in the interests of justice.

Without limiting subsection (4), the registrar may refuse to make the declaration if the registrar is not satisfied that the respondent has been properly notified of the making of the FVO under the law of the jurisdiction in which the FVO was made.

Under s 144, the FVO becomes enforceable against the respondent when the declaration is made. Notice of the declaration is not to be served on the respondent unless the person making the application consents to service.

However, the registrar cannot declare a general violence order to be a recognised FVO in the ACT.

Notice of a declaration is not to be served on the respondent unless the person who makes the application consents to service.

Under s 118, a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders.