Prohibited contact order – person in relation to whom preventative detention order in force
21R Prohibited contact order – person in relation to whom preventative detention order in force
(1) If a preventative detention order is in force in relation to a person (the subject), an authorised police officer may apply to an eligible Judge for a prohibited contact order under this section in relation to the subject'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.
(4) If the Judge is satisfied on reasonable grounds that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made, 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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