Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An application to
vary or cancel a restraining order may be made by —
(a) the
person protected by the order;
(b) a
police officer on behalf of the person protected by the order; or
(c) the
person bound by the order.
(2) An application to
vary or cancel a restraining order may also be made —
(a) if
the person protected by the order is a child, by a parent or guardian of the
child, or a child welfare officer, on behalf of the child; or
(b) if
the person protected by the order 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.
(3) If the original
application for a final order was made by a police officer on behalf of the
public generally an application to vary or cancel the order may be made by a
police officer on behalf of the public generally.
(4) An application to
vary or cancel a restraining order is to be made in the prescribed form to the
court that made the order.
(5) The form
prescribed under subsection (4) is to contain a brief summary of the
effect of subsection (6).
(6) If an application
is made to vary —
(a) a
restraining order that is a final order; or
(b) a
misconduct restraining order,
which includes an
application to vary the order by extending the duration of the order, then,
despite anything else in this Act, the order is not to expire before the
application is determined if the person bound by the order has been served
with a summons under section 47.
[Section 45 inserted by No. 22 of 2000
s. 10(1); amended by No. 38 of 2004 s. 27; No. 32 of 2011
s. 13.]