Restraining Orders Act 1997

In this section —

do or omit to do any act for the purpose of enabling or aiding a person bound by the order to commit the breach; or

aid a person bound by the order to commit the breach; or

counsel or procure a person bound by the order to commit the breach;

In the sentencing of a bound person for an offence under section 61, any aiding of the breach of the order by the protected person is not a mitigating factor for the purposes of the Sentencing Act 1995 section 8(1) if the protected person is in a family relationship with the bound person.

However, subsection (2) does not apply if —

the protected person, without any influence on the part of the bound person (including any influence attributable to family violence), initiated the breach of the order; and

at the time of the commission of the offence, no conduct of the bound person (whether or not constituting part of the offence) constituted family violence).

Despite The Criminal Code section 7, the protected person does not commit an offence under section 61 by aiding the breach of the order.

However in the case of a breach of a restraining order, the court sentencing the bound person may, if it is satisfied that the protected person aided the breach, on its own initiative exercise the powers in section 49(1)(b) and (c) and (1a) as if it were hearing an application under section 45, and section 49(1b) to (5) apply with any necessary modifications.