Restraining Orders Act 1997

An application for an FVRO may be made by —

the person seeking to be protected, if the person is 16 years of age or older; or

a police officer on behalf of the person seeking to be protected, regardless of the age of the person.

An application for an FVRO may also be made —

if the person seeking to be protected is a child, by a parent or guardian of the child, or a child welfare officer, on behalf of the child; or

if the person seeking to be protected is a person for whom a guardian has been appointed under the Guardianship and Administration Act 1990, by the guardian on behalf of the person; or

if the regulations so provide, by a person acting on behalf of another person in circumstances prescribed by the regulations for the purposes of this paragraph.

In connection with the operation of subsections (1) and (2) —

an application by a police officer under subsection (1)(b) is taken to have been made in the name of the Commissioner of Police; and

an application by a child welfare officer under subsection (2)(a) will be taken to have been made in the name of the CEO (child welfare); and

an application by a guardian under subsection (2)(b) will be taken to have been made in the name of the Public Advocate; and

if the regulations so provide, an application by a person under subsection (2)(c) will, in circumstances prescribed by the regulations, be taken to have been made in the name of an officer or authority prescribed by the regulations.

An application for an FVRO is to be made in accordance with the rules of court (using, if the rules of court so require, the prescribed form) to —

if the respondent is a child, the Children’s Court; or

if the respondent is not a child and the person seeking to be protected is a child, the Children’s Court or the Magistrates Court; or

otherwise, the Magistrates Court.