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Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Protection orders

123D: Explanation of protection order

You could also call this:

"The court must explain what a protection order means and what happens if you don't follow it."

Illustration for Sentencing Act 2002

When a Judge or Registrar makes a protection order, they must explain some things to the offender. They must explain what the order means and what will happen if you do not follow it. This includes explaining any direction to attend a programme or engage with prescribed services made under section 188(1)(b) or (3)(b) of the Family Violence Act 2018, as applied by section 123C(1)(i). They must also explain what might happen if you do not comply with the order or attend any required sessions. The Judge or Registrar must tell you how the order can be changed or cancelled. If the Judge or Registrar forgets to explain these things, it does not affect the protection order.

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Topics:
Crime and justice > Courts and legal helpCrime and justice > Victim support
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123CC: Assessors and service providers for section 123CA, or

"People who help with protection orders and safety programmes"

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123E: Protection order to be issued and served on offender, or

"The court must give the offender a copy of the protection order straight away."

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Protection orders

123DExplanation of protection order

  1. On making a protection order, the Judge or Registrar must explain to the offender—

  2. the effect of—
    1. the order; and
      1. any direction to attend a programme or engage with prescribed services made under section 188(1)(b) or (3)(b) of the Family Violence Act 2018 (as applied by section 123C(1)(i)); and
      2. the consequences that may follow if the offender fails to—
        1. comply with the terms of the order; or
          1. attend any session of a programme that he or she has been directed to attend or engage with any prescribed services that he or she has been directed to engage with; and
          2. the means by which the order can be varied or discharged.

            1. Failure to give the explanation required by subsection (1) does not affect the validity of the order made.

            Notes
            • Section 123D: inserted, on , by section 4 of the Sentencing Amendment Act (No 2) 2009 (2009 No 44).
            • Section 123D(1)(a)(ii): amended, on , by section 66(1) of the Family Violence (Amendments) Act 2018 (2018 No 47).
            • Section 123D(1)(b)(ii): amended, on , by section 66(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).