Restraining Orders Act 1997

If a respondent —

returns the respondent’s endorsement copy of an interim order in accordance with section 31; and

indicates on it that the respondent does not object to the interim order becoming final,

If a respondent does not return the respondent’s endorsement copy of an interim order in accordance with section 31, the interim order becomes a final order with the same terms as the interim order.

A final order under this section comes into force —

in the case of an order under subsection (1), on the day on which the registrar receives the returned copy of the order; and

in the case of an order under subsection (2), at the end of the 21 day period referred to in section 31.

The registrar is to notify the respondent, the applicant and the Commissioner of Police when an order becomes a final order under this section.

Where an interim order (the earlier order) becomes a final order under subsection (2), the respondent may within 21 days of being notified under subsection (4), or such further period as the court may allow at a hearing fixed under subsection (6), apply to the court, in the prescribed form setting out the grounds of the application, to have that final order set aside.

On receiving an application under subsection (5) the registrar is to fix a hearing, to be held in the absence of the other party to the proceedings, at which, subject to subsection (7), the court —

where the application was made out of time, is to grant leave for the person to continue the application out of time if satisfied that there was a reasonable excuse for not commencing the application within the time allowed; and

after taking into account the grounds of the application, is to —

adjourn the hearing of the matter to allow the other party to oppose the application if the court is satisfied that the respondent may have had a reasonable cause not to return the respondent’s endorsement copy of the earlier order in accordance with section 31; or

dismiss the application.

If the respondent does not attend a hearing fixed under subsection (6), the court, if it is satisfied that the respondent was notified of the hearing, is to dismiss the application.

If the court adjourns the hearing of the matter under subsection (6)(b)(i) the registrar is to fix a hearing and summons the other party to the hearing.

At a hearing fixed under subsection (8), where the other party is present, or if the other party is not present the court is satisfied the other party was served with the summons, the court is to hear the matter and —

if satisfied that the respondent had reasonable cause not to return the respondent’s endorsement copy of the earlier order in accordance with section 31, is to set aside the final order; or

is to dismiss the application.

Where, under subsection (9)(a), the court sets aside the final order —

the court is to make an interim order in the same terms as the earlier order, unless any new ground or matter is raised at the hearing fixed under subsection (6) or (8); and

section 33 applies as if the respondent had —

returned the respondent’s endorsement copy of the interim order in accordance with section 31; and

indicated on it that the respondent objected to the interim order becoming final.