Problem Gambling Family Protection Orders Act 2004

A problem gambling family protection order may include an order (an

that money owing or accruing to the respondent from a third person;

that money of the respondent in the hands of a third person (including money in an ADI account), be paid to satisfy a debt owed by the respondent, or be otherwise applied in a specified manner, for the benefit of all of the respondent's family members or specified family members (the

If an attachment order is made without notice to the respondent or a specified third person (or both), the following provisions apply:

the order will operate to restrain the third person specified in the order from dealing with money to which the order relates until both the respondent and the third person have had an opportunity to be heard in the proceedings;

the Commissioner will adjourn the proceedings to give the respondent and the third person an opportunity to be heard;

at the adjourned hearing the Commissioner will allow the beneficiaries, the respondent and the third person to give evidence and make representations (or both);

after consideration of the evidence and representations (if any), the Commissioner will confirm, vary or revoke the attachment order.

An attachment order may authorise the third person specified in the order to retain from the money subject to the order a reasonable sum, fixed in the order, as compensation for his or her expenses in complying with the order.

If the third person specified in the order does not comply with the order, the person becomes personally liable for payment to the beneficiaries of the amount unpaid in breach of the order.

If, because an order has been made under this section in relation to an employee, the employer—

dismisses the employee; or

injures the employee in employment; or

alters the employee's position to the employee's prejudice, the employer is guilty of an offence. Maximum penalty: Maximum penalty: $10 000.