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Legislative Assembly for the ACT: 2001 Week 10 Hansard (30 August) . . Page.. 3927 ..

(2) To remove doubt, the court may not make an interim protection order that the Magistrates Court could not make on an application for a final protection order made in accordance with the Protection Orders Act 2001.

Example

The court could not make an interim protection order for a period longer than that allowed for interim protection orders under the Protection Orders Act 2001.

205A When may the court make a final protection order?

(1) The court may make a final protection order in relation to a child or young person on an application (the care and protection application) for a care and protection order in relation to the child or young person-

(a) on its own initiative, on further application by a party to the care and protection application or on application by the community advocate; and

(b) if the person against whom the final protection order is proposed to be made-

(i) has engaged in domestic violence in relation to the child or young person; or

(ii) has engaged in personal violence towards the child or young person and may engage in personal violence towards the child or young person during the time the order is proposed to be made if the order is not made.

Note The grounds for making a final protection order are intended to mirror the grounds mentioned in the Protection Orders Act 2001, s 40.

(2) To remove doubt, the court may not make a final protection order that the Magistrates Court could not make on an application for a final protection order made in accordance with the Protection Orders Act 2001.

(3) In this section:

domestic violence-see the Protection Orders Act 2001, dictionary.

personal violence-see the Protection Orders Act 2001, dictionary.

205B Can someone apply for a protection order if no care and protection proceedings?

(1) This section applies if-

(a) someone wants to apply for a protection order in relation to a child or young person; and

(b) no application for a final care and protection order has been made in relation to the child or young person.

Note A final care and protection order does not include a protection order (see s 194, def of final care and protection order).

(2) The person may not apply for a protection order under this Act.

(3) To remove doubt, this section does not stop the person from applying for a protection order under the Protection Orders Act 2001.

205C What is the affect of making a protection order under this Act?

(1) A protection order made under this Act is taken to have been made under the Protection Orders Act 2001.

Examples of consequences of protection order being taken to have been made under Protection Orders Act

1 The protection order can be amended (including by extension) or revoked under that Act

2 The provisions about consent orders under that Act apply to the amendment (including by extension) or revocation of the protection order

3 The provisions dealing with the end of protection orders under that Act apply to the order.

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