Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act unless the
contrary intention appears —
act of abuse means an act of family and domestic
violence or an act of personal violence;
act of family and domestic violence has the
meaning given by section 6;
act of personal violence has the meaning given by
section 6;
application means an application made under this
Act;
authorised magistrate means a magistrate
authorised under section 17(1)(a);
authorised person means a police officer or a
person who is, or who is in a class of persons that is, prescribed for the
purposes of this definition;
CEO (child welfare) means the CEO within the
meaning of the Children and Community Services Act 2004 ;
child means a person under 18 years of age;
child welfare officer means —
(a) the
CEO as defined in section 3 of the Children and Community Services
Act 2004 ; or
(b) a
person who is an authorised officer for the purposes of section 37 of
that Act;
Commissioner of Police means the person holding or
acting in the office of Commissioner of Police under the Police Act 1892
;
corresponding law , in relation to another State
or Territory or a foreign country, means a law of that State, Territory or
country that empowers a court of that State, Territory or country to make
orders (however described) having an effect that is the same as or similar to
the effect of restraining orders made under this Act;
court includes an authorised magistrate;
exposed , in relation to an act of abuse,
includes —
(a) to
see or hear the act of abuse; or
(b) to
witness physical injuries resulting from the act of abuse;
family and domestic relationship has the meaning
given by section 4;
family order has the meaning given by
section 5;
final order means a restraining
order —
(a) made
at a final order hearing;
(b) that
becomes a final order under section 32;
(ba)
made under section 40(3);
(bb)
made under section 41(1) at a mention hearing with the consent of the
respondent;
(c) made
under section 49(1)(b) to vary a final order, being a replacement or
additional final order made under that section; or
(d) that
is a final order under section 63(4a) or 63A(3);
final order hearing means a hearing fixed under
section 33(1), 40(3), 41(4) or 43A(7)(b);
firearm has the same meaning as it has in the
Firearms Act 1973 ;
firearms licence means —
(a) a
licence issued, permit granted or approval given, under the
Firearms Act 1973 , entitling a person to be in possession of a firearm;
and
(b) a
Firearms Act Extract of Licence issued under the Firearms Act 1973 ;
fix a hearing has the meaning given by
section 9;
foreign restraining order means an order (however
described) made by a court of a foreign country under a corresponding law of
the country;
imagined personal relationship means a
relationship where one person claims to have, or have had, an intimate
personal relationship, or other personal relationship, with another person but
that other person disagrees with that claim;
interim order means a telephone order or an order
made under section 29(1)(a), 43A(7)(a) or 63(4b), the duration of which
is more than 72 hours;
mention hearing means a hearing fixed under
section 23(2), 26(3), 29(2) or 39;
misconduct restraining order means an order made
under this Act imposing restraints of the kind referred to in section 36;
person protected means a person named in an order
made under this Act as a person for whose benefit the order is made;
person seeking to be protected means —
(a) the
person who has applied for a violence restraining order or a misconduct
restraining order; or
(b) if
an application for a violence restraining order or a misconduct restraining
order has been made on behalf of another person, the person on behalf of whom
the application is made;
person who is bound , in relation to an order made
under this Act, means the person named in the order on whose lawful activities
and behaviour restraints are imposed by the order;
police order means an order made by a police
officer under Part 2 Division 3A;
prepare and serve has the meaning given by
section 10;
proceedings under this Act means —
(a) the
hearing of an application; or
(b)
proceedings for an offence against this Act;
property , in relation to a person, means
property —
(a)
owned by the person;
(b) in
the care or custody of the person;
(c) used
or enjoyed by the person, or available for the person’s use or
enjoyment; or
(d) at
premises where the person lives or works;
registered , in relation to a foreign restraining
order, means registered under section 79C;
registrar means the registrar of the relevant
court;
respondent means the person against whom a
restraining order is sought;
restraining order means a violence restraining
order or misconduct restraining order;
satisfied means satisfied on the balance of
probabilities;
specified in relation to a restraining order,
means specified in the order;
telephone application means an application under
Division 2 of Part 2 for a violence restraining order;
telephone order means a violence restraining order
made on a telephone application;
violence restraining order means an order made
under this Act imposing restraints of the kind referred to in section 13;
wellbeing has the same meaning as in the
Children and Community Services Act 2004 .
[Section 3 amended by No. 10 of 1998
s. 62(1); No. 11 of 1999 s. 4; No. 22 of 2000 s. 4;
No. 34 of 2004 s. 251; No. 38 of 2004 s. 5, 18(2), 25(2) and
(3) and 57(2)-(4); No. 59 of 2004 s. 124; No. 5 of 2008
s. 90.]