Conditions of protection orders
11 Conditions of protection orders
A workplace protection order or an interim workplace protection order is subject to the following conditions:
subject to subsection (5), a condition that any firearm, ammunition or part of a firearm (each within the meaning of the
Firearms Act 2015) in the possession of the defendant and any licence or permit held by the defendant authorising possession of a firearm must be surrendered to the
Registrar of Firearms; and
any other conditions the Court considers necessary taking into account the requirements of this section.
In determining the conditions to be included in a workplace protection order or an interim workplace protection order, the Court must give paramount consideration to the safety and protection of affected persons.
The Court must ensure the conditions included in a workplace protection order or an interim workplace protection order are the least restrictive of the personal rights and liberties of the defendant as possible that still achieve the objects of this Act and give effect to subsection (2).
Without limiting subsection (1)(b), a workplace protection order or an interim workplace protection order may do 1 or more of the following:
prohibit the defendant from entering the workplace;
prohibit the defendant from being within a particular distance from the workplace;
prohibit the defendant from doing anything that is personal violence in relation to the workplace;
prohibit the defendant from causing someone else to do anything that is personal violence in relation to the workplace;
state the conditions on which the defendant may—
be in the workplace; or
approach or contact a particular person.
The Court may omit, vary or revoke a condition of a workplace protection order or an interim workplace protection order imposed under subsection (1)(a) if satisfied that—
there are cogent reasons to do so; and
the possession of the firearm, ammunition or part of a firearm by the defendant does not represent an undue risk to the safety and protection of an affected person.
A condition in a workplace protection order or an interim workplace protection order may have effect for a period stated in the order that is shorter than the period of the order.
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