Amendment of protection orders
83 Amendment of protection orders
The Magistrates Court may amend a protection order only if satisfied that—
amending the order will not adversely affect the safety of the protected person or a child of the protected person; and
the order as amended could be made on application for a protection order; and
if the amendment would reduce the protection of a child who is 15 years old or younger—the child is no longer in need of the greater protection provided by the unamended protection order.
If the protection order has been amended by being extended, the order must mention that it has been extended.
An application for an amendment must state the grounds for the application.
Examples
1 the protected person has had a change in circumstances since the original order was made
2 the original order restricts the respondent’s rights unnecessarily
An application for an amendment must be made before the original order ends.
If the parties consent to the application to amend the protection order, the Magistrates Court must amend the order regardless of whether or not—
the grounds mentioned in subsection (1) (a), (b) and (c) have been made out; or
the court has considered those grounds.
This Act’s bill:Explanatory statementSecond reading speech
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