Restraining Orders Act 1997

When considering whether to make an MRO for reasons referred to in section 34(a)(i) or (ii) and the terms of the order a court is to have regard to —

the need to ensure that —

the person seeking to be protected is protected from intimidatory or offensive behaviour; and

property owned by, or in the possession of, the person seeking to be protected is protected from damage;

the wellbeing of children who are likely to be affected by the respondent’s behaviour or the operation of the proposed order; and

the accommodation needs of the respondent and the person seeking to be protected; and

hardship that may be caused to the respondent if the order is made; and

other current legal proceedings involving the respondent or the person seeking to be protected; and

any criminal convictions of the respondent; and

any previous similar behaviour of the respondent whether in relation to the person seeking to be protected or otherwise; and

other matters the court considers relevant.

When considering whether to make an MRO for reasons referred to in section 34(a)(iii) and the terms of the order a court is to have regard to —

the need to ensure that the public is protected from breaches of the peace; and

the wellbeing of children who are likely to be affected by the respondent’s behaviour or the operation of the proposed order; and

the accommodation needs of the respondent; and

hardship that may be caused to the respondent if the order is made; and

any criminal convictions of the respondent; and

other current legal proceedings involving the respondent; and

other matters the court considers relevant.

When considering whether to make an MRO for reasons referred to in section 34(a)(iv) and the terms of the order, a court is to have regard to —

the need to ensure that the following persons are protected from the effects of an offence under The Criminal Code section 70A(2A) —

a person engaged in animal source food production, as defined in The Criminal Code section 70A(1);

a family member, as defined in The Criminal Code section 70A(1), of a person referred to in subparagraph (i);

the wellbeing of children who are likely to be affected by the respondent’s behaviour or the operation of the proposed order; and

the accommodation needs of the respondent; and

hardship that may be caused to the respondent if the order is made; and

any criminal convictions of the respondent; and

other current legal proceedings involving the respondent; and

other matters the court considers relevant.

A court is to have regard to the matters set out in subsections (1)(a) and (b), (2)(a) and (b) and (2A)(a) and (b) as being of primary importance.