Court may make an urgent interim order
17 Court may make an urgent interim order
A court may make an urgent interim order if:
an application for the urgent interim order is made under section 16; and
the court is satisfied that:
the respondent has engaged in personal violence; and
there is a real risk that the respondent will engage in further personal violence if the urgent interim order is not made; and
the urgent interim order is necessary or desirable to prevent the respondent from engaging in further personal violence before an application for a final order against the respondent can be made and finally determined; and
having regard to the need to make the urgent interim order urgently, it is appropriate to make the order without the application including all that would be required under subsection 13(3) in respect of an application for an interim order.
Division 3 contains rules relating to the content of a Commonwealth workplace protection order.
The court must decide whether to make the urgent interim order as soon as practicable after the application is made.
Before deciding whether to make the urgent interim order, the court may order the applicant to cause specified information to be produced to the court.
If the court makes the urgent interim order, the court must inform the applicant, by telephone, fax, email or other electronic means, of:
the terms of the urgent interim order; and
the day on which, and the time at which, it was made; and
the fact that, if an application for a final order against the respondent is not made within the period of 7 days after the urgent interim order is made, the urgent interim order ceases to be in force at the end of that period.
This Act’s bill:Explanatory memorandumSecond reading speech
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