Australian Capital Territory Numbered Regulations

DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 97

    (1)     This section applies if—

        (a)     a person (the applicant ) has applied for leave to make an application to review an order (the original order ) under the Act, section 91 (3) (Application for review of particular final orders); and

        (b)     the Magistrates Court has fixed a time to hear the application, and given written notice of the time, in accordance with the Act, section 91 (4).

    (2)     If the applicant does not attend at the time fixed under the Act, section 91 (4), the Magistrates Court must—

        (a)     if satisfied that the applicant has not been given reasonable notice of the time—fix another time to hear the application, adjourn the hearing to the other time and give written notice of the time in accordance with the Act, section 91 (4); or

        (b)     dismiss the application.

    (3)     If the applicant attends at the time fixed for the hearing of the application, the Magistrates Court may give the applicant leave to apply to review the original order only if satisfied, on the basis of evidence provided by the applicant, that there has been a substantial change in the circumstances relevant to the making of the original order.

    (4)     An aggrieved person may attend and take part in the hearing of the application only with the Magistrates Court's leave.

    (5)     In this section:

"aggrieved person "means the aggrieved person in relation to the original order, and includes a representative of the aggrieved person.