Document ID: chunk:federal_register_of_legislation:C2024C00709:section:41:p2
Version: federal_register_of_legislation:C2024C00709
Segment Type: section
Provision Reference: s 41 (pt 2/2)
Character Range: 49586–51131

premises.

Considerations in making the order
 (5) In deciding whether to make an order under subsection (1) and the terms of such an order, the member must consider the following:
 (a) the objects of this Act;
 (b) any hardship that may be caused to anyone by the making of the order;
 (c) any previous violence (to person or property) by the person to be specified in the order;
 (d) any order made under a law of the Commonwealth, a State, a Territory or New Zealand to protect a person or property from violence by the person to be specified in the order under subsection (1);
 (e) any contravention of an order described in paragraph (d);
 (f) the need to ensure that persons and property on court premises are protected;
 (g) how to achieve the objects of this Act and reduce to an acceptable level the risks described in subsection (1) while minimising restrictions on the rights and liberties of the person to be specified in the order;
 (h) arrangements for security and safety of persons and property on court premises on which the person to be specified in the order is conducting legitimate business the person has on those premises.
 (6) Subsection (5) does not limit the matters the member may consider.

Limits on registrars and deputy registrars making orders
 (7) Despite subsection (1), a registrar or deputy registrar cannot make a court security order unless he or she is:
 (a) the Principal Registrar, or a Registrar, of the Family Court of Western Australia; and
 (b) a magistrate under the Magistrates Court Act 2004 (WA).