Explaining orders if respondent present
60 Explaining orders if respondent present
This section applies if—
the Magistrates Court intends to make a protection order; and
the respondent is before the court.
On making the protection order (other than a consent order), the court must explain to the respondent, in language likely to be readily understood by the respondent—
the purpose, terms and effect of the order; and
Explaining the effect of the order includes explaining any consequence that will automatically flow from the making of the order. For example, if relevant, that any firearms licence of the respondent will automatically be cancelled or suspended unless the Magistrates Court otherwise orders.
the consequences that may follow if the respondent fails to comply with the order; and
how the order may be amended or revoked; and
that, if a State, another Territory or New Zealand has legislation that corresponds to this Act, the order may be registered, and enforced, in the State, Territory or New Zealand without notice of registration being given to the respondent.
Note Pt 7 deals with the registration of protection orders from other jurisdictions in the ACT.
Before making a consent order, the Magistrates Court must explain to the respondent, in language likely to be readily understood by the respondent, the matters mentioned in subsection (2) (a) to (d).
A failure of the Magistrates Court to comply with this section in relation to a protection order does not affect the validity of the order.
This Act’s bill:Explanatory statementSecond reading speech
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