Prohibited contact order – person in relation to whom preventative detention order being sought
21Q Prohibited contact order – person in relation to whom preventative detention order being sought
(1) A police officer who applies to an eligible Judge for a preventative detention order in relation to a person may also apply to the Judge for a prohibited contact order under this section in relation to the person's detention under the preventative detention order.
The application must:
be made by affidavit; and
specify:
the terms of the order sought; and
(ii) the facts and other grounds on which the applicant considers the order should be made.
(3) However, an application for a prohibited contact order that is required urgently may be made by telephone, fax, email or other electronic communication.
If the Judge:
makes the preventative detention order; and
(b) is satisfied on reasonable grounds that making the prohibited contact order will assist in achieving the purpose of the preventative detention order,
the Judge may make a prohibited contact order under this section that the person is not, while being detained under the preventative detention order, to contact another person specified in the prohibited contact order.
The prohibited contact order must be in writing.
If the application is made under subsection (3):
(a) the order must be sent to the applicant by fax, email or other electronic communication; or
(b) the applicant must complete a form of a prohibited contact order as directed by the Judge.
(7) The copy of the original order sent, or the form of the order completed, under subsection (6) has the same force and effect as the original order.
(8) The Judge may refuse to make a prohibited contact order unless the applicant gives the Judge any further information the Judge requests concerning the facts and other grounds on which the order is sought.
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