Australian Capital Territory Numbered Regulations

DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 18

    (1)     This section applies to an application for a non-emergency protection order if the respondent—

        (a)     is the person claimed to have committed the violence that is the subject of the application; and

        (b)     has been served with a copy of the application and notice about the proceeding under the Act, section 63 (Service of applications); and

        (c)     does not appear in person at the Magistrates Court when the application is returned before the court.

    (2)     The Magistrates Court must—

        (a)     decide the application in the respondent's absence; or

        (b)     if the court considers it appropriate—

              (i)     issue a warrant for the respondent to be arrested and brought before the court; and

              (ii)     adjourn the proceeding until the respondent is brought before the court.

    (3)     This section does not prevent the Magistrates Court from making an interim order in the proceeding.