Making a consent order
22 Making a consent order
A court may make a consent order if:
an application for a final order against the respondent is made under section 19; and
the parties to the proceeding consent to the terms of the order; and
if the court considers that the respondent has impaired decision‑making ability—the respondent is represented by one or more of the following:
a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory;
a person who, under the rules of the court, is a litigation guardian of the respondent;
if the respondent is 14 to 17 years of age—a parent or guardian of the respondent.
The court may make the consent order:
without proof or admission that the respondent has engaged in personal violence; and
whether or not the court is satisfied of the matters mentioned in paragraph 20(c); and
whether or not the court considers that the conditions imposed on the respondent by the order are necessary or desirable as mentioned in subsection 25(1).
Court may adjourn proceeding
If:
the court considers that the respondent has impaired decision‑making ability; and
the respondent is not represented by a person mentioned in paragraph (1)(c);
the court may, subject to the rules of the court (if any), adjourn the proceeding until the respondent is so represented.
Meaning of impaired decision‑making ability
A person who is a party to a proceeding under this Act has impaired decision‑making ability if the person:
cannot make decisions in relation to the proceeding; or
does not understand the nature and effect of the decisions the person makes in relation to the proceeding.
However, a person does not have impaired decision‑making ability only because the person is under 18 years of age.
This Act’s bill:Explanatory memorandumSecond reading speech
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