Document ID: chunk:federal_register_of_legislation:C2024C00709:section:41:p1
Version: federal_register_of_legislation:C2024C00709
Segment Type: section
Provision Reference: s 41 (pt 1/2)
Character Range: 47187–49819

41  Making a court security order

Making the order
 (1) A member of the Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2) or the Family Court of Western Australia may, on application under section 42, make an order prohibiting (absolutely or conditionally) a specified person from doing a specified act for a specified period, if the member is satisfied that, unless the order is made, there is:
 (a) an ongoing risk of significant disruption of any of the following:
 (i) proceedings of the member's court;
 (ii) administration of the member's court;
 (iii) lawful activities on court premises of the member's court; or
 (b) a risk of violence (to person or property) affecting one or more of the following:
 (i) the member's court;
 (ii) a member or official of the member's court;
 (iii) a person on court premises of the member's court.
Note 1: For interim orders, see section 43.
Note 2: For variation or revocation of an order, see section 45.
Note 3: For appeals from the making of an order, see section 39 of the Federal Circuit and Family Court of Australia Act 2021 and Division 2 of Part III of the Federal Court of Australia Act 1976.

Content of the order
 (2) Examples of the acts that may be specified in the order include the following:
 (a) entering specified court premises of the member's court;
 (b) coming within a specified distance of specified court premises of the member's court;
 (c) contacting, harassing or intimidating a person on specified court premises of the member's court or a member or official of the member's court;
 (d) damaging property on specified court premises of the member's court;
 (e) arranging for a person to do an act described in paragraph (c) or (d).
 (3) The order must not prevent the specified person from conducting legitimate business the person has on court premises.
 (4) Some examples of legitimate business a person has on court premises are:
 (a) filing or viewing documents relating to proceedings or proposed proceedings to which the person is or is proposed to be a party; and
 (b) attending a hearing of proceedings to which the person is a party or in which the person is appearing as a witness (whether or not there is an order of a court requiring the person to attend).
This subsection does not limit what legitimate business a person may have on court 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