A WA parliamentary question on notice from 2004 seeks data on restraining orders and breaches, but the Attorney General's response indicates data limitations and clarifies relevant legislation regarding penalties.

AnsweredQoN 2466Legislative Assembly
Asked
2 March 2004
Portfolio
Attorney General

QuestionView source ↗

(b) 2000; (c) 2001; (d) 2002; (e) 2003; and (f) so far in 2004?
(c) 2001; (d) 2002; (e) 2003; and (f) so far in 2004?
(d) 2002; (e) 2003; and (f) so far in 2004?
(e) 2003; and (f) so far in 2004?
(f) so far in 2004?
(b) 2000; (c) 2001; (d) 2002; (e) 2003; and (f) so far in 2004?
(c) 2001; (d) 2002; (e) 2003; and (f) so far in 2004?
(d) 2002; (e) 2003; and (f) so far in 2004?
(e) 2003; and (f) so far in 2004?
(f) so far in 2004?

AnswerView source ↗

Answered
1 April 2004
Response time
30 days
2(a): 2300 2(b): 2347 2(c): 2490 2(d): 2336 2(e): 2357 2(f): 522 3 - 6 This question cannot be answered. The Department of Justice does not currently receive victim information. It is therefore not possible to link a breach with the original restraining order, and therefore not possible to identify the relationship between the offender and protected person. 7. Penalties for breach are set out in section 61(1) of the Restraining Orders Act 1997 (WA) as follows: “(a) if the duration of the order is 72 hours or less, $2,000 or imprisonment for 6 months; or (b) otherwise, $6000 or imprisonment for 18 months”. 8. The Restraining Orders Act 1997 (WA) does not differentiate between ‘first instance’ and ‘multiple’ breaches, so refer to response to Question 7.
3 - 6 This question cannot be answered. The Department of Justice does not currently receive victim information. It is therefore not possible to link a breach with the original restraining order, and therefore not possible to identify the relationship between the offender and protected person. 7. Penalties for breach are set out in section 61(1) of the Restraining Orders Act 1997 (WA) as follows: “(a) if the duration of the order is 72 hours or less, $2,000 or imprisonment for 6 months; or (b) otherwise, $6000 or imprisonment for 18 months”. 8. The Restraining Orders Act 1997 (WA) does not differentiate between ‘first instance’ and ‘multiple’ breaches, so refer to response to Question 7.
7. Penalties for breach are set out in section 61(1) of the Restraining Orders Act 1997 (WA) as follows: “(a) if the duration of the order is 72 hours or less, $2,000 or imprisonment for 6 months; or (b) otherwise, $6000 or imprisonment for 18 months”. 8. The Restraining Orders Act 1997 (WA) does not differentiate between ‘first instance’ and ‘multiple’ breaches, so refer to response to Question 7.
8. The Restraining Orders Act 1997 (WA) does not differentiate between ‘first instance’ and ‘multiple’ breaches, so refer to response to Question 7.

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