Protection from Harassment Act 2014 · 2020 Revised Edition · Part 3 · Actions and Orders
13A. Referral for investigation by police when expedited protection order made
Feedback & supportLast amended by an amending law of 2019.
When a court makes, on or after 1 June 2021, an expedited protection order under section 13 against the respondent, the court must —
court
“court”, for the purposes of sections 12 and 13 and Division 2 of Part 3, means a District Court (including the Protection from Harassment Court) or a Family Court;
consider if a criminal investigation into whether the respondent has committed an offence under section 3, 4, 5, 6 or 7 is warranted; and
if it is satisfied that such a criminal investigation is warranted, refer the matter to a police officer for investigation.
Where a court refers a matter for investigation under subsection (1), the court may stay any Part 3 proceedings (except civil proceedings under section 13) that involve the same victim and the same respondent, until —
Part 3 proceedings
“Part 3 proceedings” means civil proceedings for claims and orders under Part 3;
the end of that investigation; or
if criminal proceedings are instituted as a result of that investigation, the end of those criminal proceedings.
This section and any decision of the court under this section does not affect any ability of the court to do the following at any stage of proceedings:
consider if a criminal investigation into whether the respondent has committed an offence under section 3, 4, 5, 6 or 7 is warranted;
refer any matter to a police officer for investigation.
Without affecting the court’s discretion to consider any other factors, the Minister may, by order in the Gazette, prescribe factors that a court must take into account in considering, under subsection (1)(a) if a criminal investigation is warranted.
There is no appeal against the decision of a court under this section.