Women’s Charter 1961 · 2020 Revised Edition · Part 7 · Protection Against Family Violence
60. Who may apply for a protection order
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A protector may apply for a protection order against any person. If the person facing family violence is below 18 years of age, a family member, guardian or carer may apply. If that person is assessed to lack the mental capacity to apply, a family member, donee, deputy or carer may apply. Otherwise, that person may apply.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2023.
A protector may apply for a protection order against any person.
protection order
“protection order” means a protection order under section 60A(1);
Subject to subsection (3), the following persons may apply for a protection order in relation to family violence against Y:
if Y is below 18 years of age —
a family member of Y;
Y’s guardian; or
a person responsible for caring for Y;
if Y is assessed by a registered medical practitioner, psychiatrist or psychologist to lack the mental capacity to apply for a protection order —
a family member of Y;
Y’s donee or deputy; or
a person responsible for caring for Y;
in any other case — Y.
A person who is below 18 years of age may not apply for a protection order under subsection (2) unless the person is married or was previously married.
Family Justice Rules may provide that, for the purposes of any proceedings under this Division or Division 4, an applicant for a protection order in relation to family violence against Y may be substituted by another person if —
applicant
“applicant” means a person who makes a maintenance enforcement application;
the other person is a protector or a person who may apply for a protection order in relation to family violence against Y under subsection (2); and
any other conditions prescribed by those Rules are satisfied.
A reference to the applicant for a protection order in this Division or Division 4 includes a reference to a person substituted pursuant to subsection (4).