07 FB Group The Court Must N ot Make A Final Order N ormaOlive BrownFailure to Protect - Australia (exposing Family Court & related systems) Shared with Private group (4) Despite subsection (1), the court must not make a final order if satisfied on the balance of probabilities that the respondent engaged in the prohibited behaviour or stalking without malice— (a) in the normal course of a lawful business, trade, profession or enterprise
State Library Windows on Collections Operation Veteran Assist https://online.flippingbook.com/link/950713/ PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 61 Power of court to make final order (1) The court may make a final order if the court is satisfied, on the balance of probabilities, that— (a) the respondent has— (i) committed prohibited behaviour against the a ff ected person and— (A) is likely to continue to do so or do so again; and (B) the respondent's prohibited behaviour would cause a reasonable person to fear for his or her safety; or (ii) stalked the a ff ected person and is likely to continue to do so or do so again; and (b) the respondent and the a ff ected person are not family members; and (c) it is appropriate in all the circumstances of the case to make a final order. (4) Despite subsection (1), the court must not make a final order if satisfied on the balance of probabilities that the respondent engaged in the prohibited behaviour or stalking without malice— (a) i n the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging for the publication, of news or current a ff airs material); or Maritime Data Buoys & Barriers Co Page 30 of 57
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