Prostitution (Restraining Orders) Regulations 2000

Form

Title

Section

1

Application for prostitution restraining order

Court copy (front and back)

Applicant’s copy

Copy for person to be restrained

Proof of service copy (front and back)

38

2

Prostitution restraining order under section 37
Record of proceedings

Court copy

37

3

Prostitution restraining order

Court copy

Respondent’s copy (front and back)

Police copy (front and back)

Proof of service copy (front and back)

40

4

Application for leave to apply to vary or cancel a prostitution restraining order

Court copy (front and back)

Restrained person’s copy (front and back)

Respondent’s copy

Proof of service copy (front and back)

42

5

Affidavit in support of application for leave to apply vary or cancel a prostitution restraining order

42

6

Application to vary or cancel a prostitution restraining order

Court copy (front and back)

Copy for person applying to vary or cancel

Other party’s copy

42

Applicant

Name on behalf of the Commissioner of Police

Regimental no.

Police station/division

Phone no.

Person to be restrained

(Fill in as many details as known)

Family name

Date of birth

Other names

Home street

address suburb postcode

Work location

Address street

Suburb postcode

Phone nos. work home

Grounds for application

I suspect that the person to be restrained —

❒ has committed an offence in a public place

❒ intends to commit an offence in a public place

Offence

Public place

Directions given under s. 26 of Act

Date

Given by (name & regimental no.)

Given at (place)

Applicant

Signature

Date

Hearing

(To by filled in by the court)

Court

Date

Time

Signature of registrar

Record of Proceedings

Date

Attendance

Representation

Adjournments

Applicant

Person to be restrained

Applicant

Person to be restrained

Orders

____________________________ _________________ __________________

Judicial Officer Date Time

Clerk’s record

Applicant

Name on behalf of the Commissioner of Police

Regimental no.

Police station/division

Phone no.

Person to be restrained

(Fill in as many details as known)

Family name

Date of birth

Other names

Home street

address suburb postcode

Work location

Address street

Suburb postcode

Phone nos. work home

Grounds for application

I suspect that the person to be restrained —

❒ has committed an offence in a public place

❒ intends to commit an offence in a public place

Offence

Public place

Directions given under s. 26 of Act

Date

Given by (name & regimental no.)

Given at (place)

Applicant

Signature

Date

Hearing

(To by filled in by the court)

Court

Date

Time

Signature of registrar

Applicant

Name on behalf of the Commissioner of Police

Regimental no.

Police station/division

Phone no.

Person to be restrained

(Fill in as many details as known)

Family name

Date of birth

Other names

Home street

address suburb postcode

Work location

Address street

Suburb postcode

Phone nos. work home

Grounds for application

I suspect that the person to be restrained —

❒ has committed an offence in a public place

❒ intends to commit an offence in a public place

Offence

Public place

Directions given under s. 26 of Act

Date

Given by (name & regimental no.)

Given at (place)

Applicant

Signature

Date

Hearing

(To by filled in by the court)

Court

Date

Time

Signature of registrar

An application for a restraining order has been made against you. The details of the application are set out above.

You are required to attend a court hearing on this matter at the place and time set out above. If you do not attend the court hearing a restraining order may be made against you in your absence.

A restraining order may prohibit you from going to certain places or doing certain things, or impose restrictions on the places where you may go and the things that you may do.

Applicant

Name on behalf of the Commissioner of Police

Regimental no.

Police station/division

Phone no.

Person to be restrained

(Fill in as many details as known)

Family name

Date of birth

Other names

Home street

address suburb postcode

Work location

Address street

Suburb postcode

Phone nos. work home

Grounds for application

I suspect that the person to be restrained —

❒ has committed an offence in a public place

❒ intends to commit an offence in a public place

Offence

Public place

Directions given under s. 26 of Act

Date

Given by (name & regimental no.)

Given at (place)

Applicant

Signature

Date

Hearing

(To by filled in by the court)

Court

Date

Time

Signature of registrar

Officer serving application

Name

Regimental no.

Police station/division

Service

Method of service  ❒ personal ❒ by post

Place where order served

Date of service

Time of service

Person served

(If possible to obtain)

Name

Address street

Suburb postcode

Signature

Certificate

I certify that on the day and at the time and place set out above

❒ I personally served this application on the person to be restrained

❒ I sent this application by prepaid registered post to the person to be restrained at the address set out above

in accordance with the Prostitution (Restraining Orders) Regulations 2000.

Signature

Date

Prostitution Act 2000
Prostitution restraining order under s. 39

Record of proceedings

Number

Jurisdiction ❒ Magistrates Court

❒ Children’s Court

❒ Other _____________

Location

Application

Order made ❒ by the court of its own motion

❒ at request of _________________________________

Person to be restrained

(Fill in as many details as known)

Family name

Date of birth

Other names

Home street

address suburb postcode

Work location

Address street

Suburb postcode

Phone nos. work home

Grounds for order

Offence ❒ s. 5 — seeking prostitution in public place

❒ s. 6 — seeking client in public place

❒ prescribed ­­­­­­­­­­­­­­­­offence ­­______________________________

Place offence occurred

Date of offence

Grounds on which court considers offender is likely to commit a similar offence

Witnesses and summary of evidence

Police

Person to be restrained

Other witnesses

Other notes

Terms of the order

Order made

Date order made

Time order made

Registrar

Date

Restrained person

Family name

Date of birth

Other names

Home street

address suburb postcode

Work street

Address suburb postcode

Phone nos. work home

Terms of the order

Order made

Date

Time

Registrar

Signature

Date

Restrained person

Family name

Date of birth

Other names

Home street

address suburb postcode

Work street

Address suburb postcode

Phone nos. work home

Terms of the order

Order made

Date

Time

Registrar

Signature

Date

Prostitution restraining order

A restraining order has been made against you on the terms set out on the front of this order. It will take effect when it is served on you and it will remain in force until it expires or is varied or cancelled by a court. You must comply with this order at all times while it is in force.

If there is a duration specified in the order, the order expires at the end of the specified period. If there is no duration specified in the order, it expires 1 year after it was served on you.

If, in the future, there is a substantial change in the circumstances which led to the order being made you may apply to the court for leave to apply to have the order varied or cancelled. If you would like more information about doing this you should consult your lawyer or the registrar of the court.

Penalty It is an offence to breach this restraining order. If you do, you may be arrested and will face a penalty of up to $5 000.

Restrained person

Family name

Date of birth

Other names

Home street

address suburb postcode

Work street

Address suburb postcode

Phone nos. work home

Terms of the order

Order made

Date

Time

Registrar

Signature

Date

Officer serving order

Name

Regimental no.

Police station/division

Service

Method of service  ❒ personal ❒ oral ❒ substituted

Place where order served

Date of service

Time of service

Person served

(If possible to obtain)

Name

Address street

Suburb postcode

Signature

Certificate

I certify that on the day and at the time and place set out above

❒ I personally served this order on the restrained person

❒ I orally served this order on the restrained person

❒ I took the steps directed by the court to effect substituted service of this order on the restrained person

in accordance with the Prostitution (Restraining Orders) Regulations 2000, and in the case of oral service I also certify that the restrained person appeared to understand what was said.

Signature

Date

Restrained person

Family name

Date of birth

Other names

Home street

address suburb postcode

Work street

Address suburb postcode

Phone nos. work home

Terms of the order

Order made

Date

Time

Registrar

Signature

Date

Officer serving order

Name

Regimental no.

Police station/division

Service

Method of service  ❒ personal ❒ oral ❒ substituted

Place where order served

Date of service

Time of service

Person served

(If possible to obtain)

Name

Address street

Suburb postcode

Signature

Certificate

I certify that on the day and at the time and place set out above

❒ I personally served this order on the restrained person

❒ I orally served this order on the restrained person

❒ I took the steps directed by the court to effect substituted service of this order on the restrained person

in accordance with the Prostitution (Restraining Orders) Regulations 2000, and in the case of oral service I also certify that the restrained person appeared to understand what was said.

Signature

Date

Restrained person

Family name

Other names

Address street

Suburb postcode

Phone nos. work home

Restraining order

Date order was made

Restraining Order no.

Substantial changes

What circumstances have substantially changed since the order was made?

Variation or cancellation

Do you want the order to be ❒ cancelled ❒ varied

If varied, what do you want changed?

Grounds for variation or cancellation

Why do you want the restraining order varied or cancelled?

Person applying for leave

Signature

Date

Hearing

(To be filled in by the court)

Court

Date

Time

Signature of registrar

Record of Proceedings

Date

Attendance

Representation

Adjournments

Applicant

Person to be restrained

Applicant

Person to be restrained

Orders

____________________________ _________________ __________________

Judicial Officer Date Time

Clerk’s record

Restrained person

Family name

Other names

Address street

Suburb postcode

Phone nos. work home

Restraining order

Date order was made

Restraining Order no.

Substantial changes

What circumstances have substantially changed since the order was made?

Variation or cancellation

Do you want the order to be ❒ cancelled ❒ varied

If varied, what do you want changed?

Grounds for variation or cancellation

Why do you want the restraining order varied or cancelled?

Person applying for leave

Signature

Date

Hearing

(To be filled in by the court)

Court

Date

Time

Signature of registrar

Application for leave to apply to vary or cancel

As the restrained person, before you are allowed to apply to vary or cancel the restraining order you must apply for leave to make that application.

When you file your application for leave you must also file an affidavit setting out all the facts that you know about that are material to the application — this includes all the facts that may go against your application as well as the ones that support it. If you do not do this the court may reject your application.

At the hearing of the application for leave you must convince the court that there has been a substantial change in the relevant circumstances since the restraining order was made. If the court is not satisfied that there has been a substantial change of circumstances your application for leave will be dismissed

If the court is satisfied that there has been a substantial change of circumstances it will order you to serve a copy of this application on the person who originally applied for the restraining order (this will usually be the Commissioner of Police). That person will then be able to attend court to oppose your application for leave if he or she wishes to do so.

If the court grants you leave, you must then lodge an application to vary or cancel the restraining order.

If you do not attend the hearing of your application for leave, your application may be dismissed.

Restrained person

Family name

Other names

Address street

Suburb postcode

Phone nos. work home

Restraining order

Date order was made

Restraining Order no.

Substantial changes

What circumstances have substantially changed since the order was made?

Variation or cancellation

Do you want the order to be ❒ cancelled ❒ varied

If varied, what do you want changed?

Grounds for variation or cancellation

Why do you want the restraining order varied or cancelled?

Person applying for leave

Signature

Date

Hearing

(To be filled in by the court)

Court

Date

Time

Signature of registrar

Restrained person

Family name

Other names

Address street

Suburb postcode

Phone nos. work home

Restraining order

Date order was made

Restraining Order no.

Substantial changes

What circumstances have substantially changed since the order was made?

Variation or cancellation

Do you want the order to be ❒ cancelled ❒ varied

If varied, what do you want changed?

Grounds for variation or cancellation

Why do you want the restraining order varied or cancelled?

Person applying for leave

Signature

Date

Hearing

(To be filled in by the court)

Court

Date

Time

Signature of registrar

Person serving application

Name

Home street

address suburb postcode

Service

Method of service  ❒ personal ❒ by post

Place where order served

Date of service

Time of service

Person served

(If possible to obtain)

Name

Regimental no.

Police station/division

Signature

Certificate

I certify that on the day and at the time and place set out above

❒ I personally served this application on the person named above

❒ I sent this application by prepaid registered post to the person named above at the police station/division referred to above

in accordance with the Prostitution (Restraining Orders) Regulations 2000.

Signature

Date

Person making affidavit

Family name

Date of birth

Other names

Home street

address suburb postcode

Affidavit

NOTE You must set out ALL the relevant circumstances — this includes things that may go against your application as well as those that support it.

(Add extra pages if required)

I make oath and swear that since the restraining order was made the relevant circumstances have changed as follows —

1.

2.

3.

4.

5.

6.

Sworn before a Justice of the Peace

Signature

Date

Justice of the Peace

Signature

Name

Applicant

❒ Police officer nominated by the Commissioner of Police

Name

Regimental no.

Police station/division

Phone no.

❒ Restrained person

Restrained person

Family name

Other names

Address street

Suburb postcode

Phone nos. work home

Restraining order

Leave

Date order was made

Restraining Order no.

Date leave to apply to vary was granted
(if application is by restrained person)

Variation or cancellation

Do you want the order to be ❒ cancelled ❒ varied

If varied, what do you want changed?

Grounds for variation or cancellation

Why do you want the restraining order to be varied or cancelled?

Signature of applicant

Date

Hearing

(To be filled in by the court)

Court

Date

Time

Signature of registrar

Record of Proceedings

Date

Attendance

Representation

Adjournments

Applicant

Person to be restrained

Applicant

Person to be restrained

Orders

____________________________ _________________ __________________

Judicial Officer Date Time

Clerk’s record

Applicant

❒ Police officer nominated by the Commissioner of Police

Name

Regimental no.

Police station/division

Phone no.

❒ Restrained person

Restrained person

Family name

Other names

Address street

Suburb postcode

Phone nos. work home

Restraining order

Leave

Date order was made

Restraining Order no.

Date leave to apply to vary was granted
(if application is by restrained person)

Variation or cancellation

Do you want the order to be ❒ cancelled ❒ varied

If varied, what do you want changed?

Grounds for variation or cancellation

Why do you want the restraining order to be varied or cancelled?

Signature of applicant

Date

Hearing

(To be filled in by the court)

Court

Date

Time

Signature of registrar

Applicant

❒ Police officer nominated by the Commissioner of Police

Name

Regimental no.

Police station/division

Phone no.

❒ Restrained person

Restrained person

Family name

Other names

Address street

Suburb postcode

Phone nos. work home

Restraining order

Leave

Date order was made

Restraining Order no.

Date leave to apply to vary was granted
(if application is by restrained person)

Variation or cancellation

Do you want the order to be ❒ cancelled ❒ varied

If varied, what do you want changed?

Grounds for variation or cancellation

Why do you want the restraining order to be varied or cancelled?

Signature of applicant

Date

Hearing

(To be filled in by the court)

Court

Date

Time

Signature of registrar