Power to make final order if affected family member has not consented to application or order—police applicants
75 Power to make final order if affected family member has not consented to application or order—police applicants
S. 75 (Heading) amended by No. 16/2011 s. 6(1).
If the applicant for a final order is a police officer, the court may make the order under section 74 even if the affected family member has not consented to the making of the application.
S. 75(2) amended by No. 16/2011 s. 6(2).
However, if the affected family member does not consent to the making of the final order, the final order may include only conditions referred to in section 81(2)(a), (f), (g) or (h).
Subsection (2) does not apply if—
S. 75(3)(a) substituted by No. 16/2011 s. 6(3).
the affected family member is a child and—
no adult affected family member is included in the application; or
the adult affected family member included in the application consents to the making of the order; or
the affected family member has a guardian and the guardian has consented to the application; or
the affected family member is cognitively impaired.
This Act’s bill:Explanatory memorandumSecond reading speech
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