Explanatory memorandum on Model Legislation on DOMESTIC VIOLENCE
The draft model relating to Domestic Violence is based
generally on similar legislation in New Zealand. The model
is prepared on the basis that there is a perceived need
for legislation dealing exclusively with the matter of
domestic violence and to provide remedies which are intended
to mitigate the effects of domestic violence.
Long title
The Long title sets out the scope and objects of the legislation
to provide protection in cases involving domestic violence.
Short title
The Act is entitled the Family (Protection against Domestic
Violence) Act.
Clause 2
"
Applicant" is defined as person who
applies for an order under the Act.
The definition of "
child" includes
a child who resides in a household on a regular basis
and a child who is under the guardianship of a man or
a woman.
"
De facto spouse" means a person living
with another person of the opposite sex although they
are not legally married to each other.
"
Dependant" is defined as an adult
who normally resides or resides on a regular basis with
another person.
"
Parent" has been defined to include
the parent or grand parent of a spouse and the parent
or grandparent of a respondent either by consanguinity
or affinity.
"
Prescribed person" is defined as the
spouse of the respondent or the parent, child or dependant
of that person.
"
Spouse" includes a former spouse,
de facto spouse and former
de facto spouse.
Clause 3 describes the persons
who are entitled to apply for an order (excluding a tenancy
order). The wide category of persons includes a spouse,
parent, guardian, a person experienced or qualified in
social welfare, a police officer or a probation officer
or medical social worker. Application for a tenancy order
may be made by the respondent"s spouse (or a parent
or guardian of a child or dependant).
Clause 4 makes provisions regarding
a protection order.
Subsection (1) sets out the prohibitions
which will apply to a respondent on the granting of a
protection order. As the name suggests that order prohibits
the type of actions which could endanger the applicant.
Subsection (2) sets out the factors which
the Court will consider in determining whether to make
a protection order and empowers the Court to attach a
power of arrest to the order if the Court thinks fit.
Subsection (3) provides for the making
of an
ex parte (interim) order in cases where
delay might threaten the personal safety of the applicant
or cause serious injury or undue hardship.
Subsection (4) enables the respondent
to apply for an immediate discharge of
an ex parte
order.
Clause 5:
Subsection (1) provides that a breach
of a protection order constitutes a criminal offence with
penalty on conviction of a fine or imprisonment or both.
Subsection (2) empowers a constable on
reasonable cause, to arrest without warrant, a person
suspected of being in breach of the order.
Subsection (3) limits the power of arrest
to circumstances where the constable believes that the
arrest is reasonably necessary for the protection of the
applicant.
Subsection (4) provides for the factors
which must be taken into account by the constable in deciding
whether to make an arrest. These factors include the seriousness
of the act constituting the alleged breach, the time lapse
since it was committed, the restraining effect of other
persons or circumstances on the respondent and the need
for a cooling-off period.
Subsection (5) makes provisions as to
the right of the person arrested to make a telephone call
and to be informed of that right.
Clause 6 provides that the protection
order ceases to be effective if the Court discharges it
on the application of a party to the proceedings. The
Court in determining whether to discharge the order, is
obliged to have regard to the factors on which it based
its decision to grant the order.
Clause 7 provides for the making
of occupation orders.
Subsection (2) provides that the order
grants the applicant the right to occupy the household
residence.
Subsection (3) empowers the Court to
grant the order on being satisfied that it is necessary
for the protection of a prescribed person or is in the
best interests of a child
Clause 8 provides for the making
of an
ex parte (interim) occupation order.
Subsection (3) empowers the court to
make an interim protection order whenever it grants an
ex parte occupation order unless the Court considers
that special reasons would preclude the making of that
protection order.
Subsection 4 provides for the expiration
of an ex parte occupation order on its discharge by the
Court, or on the discharge of an interim protection order
and in any other case, at the end of 7 days after the
date on which it was made.
Clause 9 provides that the occupation
order entitles the prescribed person to which it relates
the exclusive right to occupy the household residence.
Clause 10 provides for the variation
or discharge of an occupation order.
Clause 11 provides for the making
of a tenancy order in relation to a dwelling house where
the respondent is the sole tenant or holds the tenancy
jointly or in common with the applicant or where it is
the household residence of the applicant or respondent.
Subsection (2) restricts the circumstances
in which the order may be made, i.e. if and only if
the Court is satisfied that it is necessary for the protection
of the applicant or is in the best interests of a child
or a dependant.
Clause 12 provides that a tenancy
order may be made on an
ex parte application
if the Court is satisfied that the respondent has used
violence against or caused physical or mental injury to
the applicant or dependant and delay would or might expose
the applicant, child or dependant to physical injury.
Subsection (3) empowers the Court, where
it makes an
ex parte tenancy order to make at
the same time, an interim protection order unless the
Court considers that special reasons would preclude the
making of that order.
Subsection (4) provides for the expiration
of an
ex parte tenancy order on discharge by
the Court or on the discharge of an interim protection
order or in any other case, at the end of 7 days after
the date on which it was made.
Subsection (5) enables the respondent
to apply for the immediate discharge or variation of a
tenancy order.
Clause 13 states the effect of
the tenancy order whereby the applicant becomes the tenant
of the dwelling house and subject to the current terms
and conditions of the tenancy, the respondent ceases to
be the tenant.
Subsection (2) provides for the enforcement
of a tenancy order as if it were a Court order for possession
of land.
Subsection (3) preserves the operation
of law as regards the tenancy which is the subject of
a tenancy order and prevents the variation (apart from
the vesting or revesting of the tenancy) of any express
or implied term or condition of the tenancy.
Clause 14 empowers the court to
revest the tenancy on the application of the application
or respondent.
Clause 15 sets out the procedure
relating to occupation orders and tenancy orders.
Subsection (1) requires the Court, before
making any such orders, to direct that notice be given
to any person having an interest in property to be affected
by the order.
Subsection (2) entitles that person to
appear and be heard in the matter of the application for
the order.
Subsections (3) and (4) empower the court
to treat an application for an occupation order as an
application for a tenancy order or both or vice versa
and make a tenancy order if it is satisfied as to -
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(a) its jurisdiction to make the tenancy order
and the appropriateness of such order
(b) compliance with subsection (1) as to the making
of that order.
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Clause 16 empowers the Court,
on or after making an occupation order or tenancy order,
to make ancillary orders concerning furniture, granting
the applicant the use of furniture, household appliances
and household effects in the residence or premises affected
by the order.
Subsection (2) limits the duration of
the ancillary order to three months beginning on the date
on which it is made but the Court may direct otherwise.
In any event the ancillary order must expire on the expiration
or discharge of the relevant occupation order.
Clause 17
Subsection (1) contains requirements
as to interim orders, regarding specification of a date
of hearing of the order to be made in substitution for
the interim order.
Subsection (2) requires that the copy
of the interim order served on the respondent shall notify
the respondent that the interim order may be discharged
and an order made in substitution unless the respondent
attends to show cause why an order should not be made
in substitution.
Clause 18 relates to conduct of
proceedings under the Act.
Subsection (1) limits the categories
of person who may be present in court to court officers,
parties to the proceedings, witnesses and any other person
permitted by the Judge to be present.
Subsection (3) empowers the Court to
hole
in camera hearings or to exclude any person.
Clause 19 provides for the Court
to determine the evidence it will receive.
Clause 20 sets the standard of
proof on a balance of probabilities.
Clause 21 restricts the publication
of reports of proceedings and makes it an offence to contravene
the provision.
Subsection (4) sets out the exceptions
to the general restrictions on publication.
Clause 22 empowers the court to
make orders by consent of all parties.
Clause 23 provides for the Court
to recommend counselling of either or both parties to
the proceedings.
Clause 24 gives an aggrieved party
a right of appeal to the Court of Appeal.
Clause 25 provides for protection
of a mortgagee in respect of any property in relation
to which rights are conferred on an other person under
the Act.
Clause 26 provides for the making
of rules of court as to practice and procedure in proceedings
under the Act.
THE FAMILY (PROTECTION AGAINST DOMESTIC VIOLENCE ACT
ARRANGEMENT OF SECTIONS
1. Short title
PRELIMINARY
2. Interpretation
3. Persons entitled to apply under this Act
4. Application for protection order
5. Breach of protection order
6. Duration and discharge of protection order
OCCUPATION ORDER
7. Application for a grant of occupation order
8. Ex parte application for occupation
order
9. Effect of occupation order
10. Variation or discharge of protection order
TENANCY ORDERS
11. Tenancy order
12. Grant of tenancy order on an ex parte
application
13. Effect of tenancy order
14. Power to discharge tenancy order and revest
tenancy.
PROVISION RELATING TO OCCUPATION ORDERS AND TENANCY
ORDERS
15. Procedure relating to occupation orders and
tenancy orders
16. Power of Court to make ancillary order re
furniture
17. Interim orders
GENERAL
18. Conduct of proceedings
19. Evidence
20. Standard of proof
21. Restriction of publication of reports of
proceedings
22. Orders by consent
23. Counselling
24. Appeals
25. Protection of mortgagee
26. Rules of Court
MODEL LEGISLATION ON DOMESTIC VIOLENCE
AN ACT to provide protection in
cases involving domestic violence and for matters
connected therewith.
BE IT ENACTED etc.
Short title
1. This Act may be cited as the Family (Protection
against Domestic Violence) Act.
PRELIMINARY
Interpretion
2. In this Act
-
"applicant" means any person
who applies or on whose behalf application is
made, pursuant to this Act, for an order;
"child" means -
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(a) a child of both parties to a marriage;
(b) a child (whether or not a child of either
party to a marriage) who is or has been living
in the household residence as a member of the
family;
(c) a child of a man and a woman who, although
not married to each other are or have lived together
in the same household;
(d) a child (whether or not a child of the man
and woman referred to in paragraph (c) or either
of them) who -
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(i) is or has been a member of their household;
or
(ii) who resides in that household on a regular
basis; or
(iii) of whom either the man or woman is a guardian;
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"court" means a court of summary
jurisdiction;
"de facto spouse" in relation
to a person, means a person of the opposite sex
to the first-mentioned person, who is living with
the first-mentioned person as the person's husband
or wife although not legally married to the first-mentioned
person;
"dependant" in relation to
a person includes -
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(a) a person over the age of eighteen years; and
(b) who normally resides or resides on a regular
basis with the first-mentioned person;
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"ex parte application" means
an application made without notice to the respondent;
"household residence" means
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(a) in relation to both spouses, the dwelling
house that is used [habitually] by both parties
or either of them as the only or principal family
residence together with any land, buildings or
improvements appurtenant thereto and wholly or
mainly used for the purposes of the household;
(b) in relation to a man or a woman who are no
longer spouses, the dwelling house that was last
used [habitually] by either of them, before or
after they ceased to be spouses, as the only or
principal family residence, together with any
land, buildings, or improvements appurtenant thereto
and used wholly or mainly for the purposes of
the household;
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"occupation
order" means an order made under section
7 and includes an interim order made under that
section;
"parent" means -
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(a) the parent
or grandparent of a spouse;
(b) the parent or grandparent of a respondent,
either by consanguinity or affinity;
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"prescribed person" means the
spouse of the respondent, a parent or a child
or dependant of that person;
"spouse" includes a former
spouse, de facto spouse and former de
facto spouse;
"protection order" means an
order made under section 4 includes an interim
order made under that section;
"respondent" means a person
against whom an order is granted pursuant to this
Act;
"tenancy order" means an order
made under section 11 and includes an interim
order made under that section;
"tenant", in relation to any
dwelling house, includes any person -
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(a) whose tenancy has expired or has been determined;
and
(b) who is for the time being deemed under or
by virtue of any enactment or rule of law to continue
to be the tenant of the dwelling house, and the
term "tenancy" has a corresponding meaning.
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Persons entitled to apply under this Act
3. (1) An application
for an order other than a tenancy order under
this Act may be made by -
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(a) the spouse of the respondent being the spouse
in respect of who the alleged conduct has been,
or is likely to be engaged in by the respondent;
(b) where the alleged conduct involves a child
or dependant -
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(i) a person with whom the child or dependant
normally resides or resides on a regular basis;
or
(ii) a parent or guardian of the child or dependant;
(iii) where the dependant is not mentally disabled,
the dependant; or
(iv) a person experienced or qualified in social
welfare approved by the Minister in writing; or
(v) a police officer; or
(vi) a person holding the office or performing
the duties of a probation officer or medical social
worker.
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(2) An application for a tenancy order may be
made by the respondent's spouse as mentioned in
subsection (1)(a) [or a parent or guardian of
a child or a dependant].
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Application for protection order
4. (1) Application
may be made to the court in accordance with this
Act for a protection order prohibiting the respondent
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(a) from entering or remaining in the household
residence of any prescribed person;
(b) from entering or remaining in any area specified
in the order, being an area in which the household
residence of a prescribed person is located;
(c) from entering the place of work or education
of any prescribed person;
(d) from entering or remaining in any place where
a prescribed person happens to be;
(e) from molesting a prescribed person by -
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(i) watching or besetting the prescribed person's
household residence, place of work or education;
(ii) following or waylaying the prescribed person
in any place;
(iii) making persistent telephone calls to a prescribed
person; or
(iv) using abusive language to or behaving towards
a prescribed person in any other manner which
is of such nature and degree as to cause annoyance
to, or result in ill-treatment of the prescribed
person.
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(2) On hearing an application under subsection
(1) the court may make a protection order if it
is satisfied that -
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(a) the respondent has used or threatened to use,
violence against, or caused physical or mental
injury to a prescribed person and is likely to
do so again; or
(b) having regard to all the circumstances, the
order is necessary for the protection of a prescribed
person, and the court may, if it thinks fit, attach
a power of arrest to the order.
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(3) A protection order may be made on an ex
parte application if the court is satisfied
that the delay that would be caused by proceeding
on notice would or might entail -
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(a) risk to the personal safety of a prescribed
person; or
(b) serious injury or undue hardship, and any
protection order made on an ex parte
application shall be an interim order.
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(4) Where a protection order is granted on an
ex parte application, the respondent
may apply immediately for it to be discharged.
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Breach of protection order
5. (1) Where
a protection order or an interim protection order
is made and -
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(a) it is served personally on the respondent;
and
(b) the respondent contravenes the order in any
respect, the respondent is guilty of an offence
and is liable on conviction to a fine not exceeding
[five thousand] dollars or to imprisonment for
a term not exceeding [six] months or both.
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(2) Subject to the provisions of this section,
where a protection order is in force, a constable
may arrest without warrant a person whom he has
reasonable cause to suspect of having committed
a breach of the order.
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(3) No person shall be arrested under this section
unless the constable believes that the arrest
of that person is reasonably necessary for the
protection of the applicant.
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(4) For the purposes of subsection (2), the constable
shall take into account -
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(a) the seriousness of the act which constituted
the alleged breach;
(b) the time that has elapsed since the alleged
breach was committed;
(c) the restraining effect of other persons or
circumstances on the respondent;
(d) the need for a cooling-off period.
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(5) Where an arrest is made under this section
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(a) the person arrested shall be entitled to make
a telephone call to one person of his choice,
other than the applicant or a prescribed person;
(b) it shall be the duty of the constable who
makes the arrest to ensure that the person arrested
is informed, as soon as practicable after the
arrest, of the right conferred by paragraph (a).
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Duration and discharge of protection order
6. (1) A protection order
shall cease to have effect if a party to the proceedings
in which the order was made applies to the court
for it to be discharged.
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(2) A copy of an application under subsection
(1) shall be served personally on each person
who was a party to the proceedings in which the
original order was made.
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(3) In determining whether to discharge a protection
order the court shall have regard to the matters
referred to in section 4(2).
OCCUPATION ORDERS
Application for a grant of occupation order
7. (1) Application
may be made to the Court for an occupation order
granting the prescribed person named in the order
the right to live in the household residence.
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(2) Subject to section 15 and subsection (3) of
this section, the Court may, on an application
under subsection (1), make an occupation order
granting to the applicant, for such period or
periods and on such terms and subject to such
conditions as the Court thinks fit, the right
to occupy the household residence or any other
premises forming part of the household residence.
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(3) The Court may make an order under subsection
(2) only if the Court is satisfied that such an
order -
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(a) is necessary for the protection of a prescribed
person; or
(b) is in the best interests of a child.
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Ex parte application
for occupation order
8. (1) An occupation
order may be made on an ex parte application
if the Court is satisfied that -
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(a) the respondent has used violence against or
caused physical or mental injury to a prescribed
person; and
(b) the delay that would be caused by proceeding
on notice could or might expose the prescribed
person to physical injury.
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(2) Any occupation order made on an ex parte
application shall be an interim order.
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(3) Where the Court grants an occupation order
on an ex parte application, the Court
shall at the same time make an interim protection
order unless it considers that there are special
reasons why such an order should not be made.
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(4) An occupation order which is made on an ex
parte application while the prescribed person
concerned and the respondent are living together
in the same household residence shall expire -
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(a) on the discharge of the order by the Court;
(b) on the discharge of an interim protection
order made pursuant to subsection (3);
(c) in any other case, at the expiration of a
period of seven days after the date on which the
occupation order was made.
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(5) Where an occupation order is made on an ex
parte application, the respondent may apply
immediately for variation or discharge of that
order.
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Effect of occupation order
9. Where an occupation order
is made the prescribed person to which it relates
shall be entitled, to the exclusion of the respondent,
personally to occupy the household residence to
which that order relates.
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Variation or discharge
of occupation order
10. The Court
may if it thinks fit on the application of either
party, make an order -
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(a) extending or reducing any period specified
by the Court pursuant to subsection (2) of section
7; or
(b) varying or discharging any terms and conditions
imposed by the Court pursuant to that subsection.
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TENANCY ORDERS
Tenancy order
11. (1) An application
may be made in accordance with this Act to the
Court for an order vesting in the applicant, the
tenancy of any dwelling house which, at the time
of the making of the order -
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(a) the respondent is either the sole tenant or
a tenant holding jointly or in common with the
applicant; and
(b) is the household residence of the applicant
or the respondent.
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(2) Subject to section 15, the Court may make
an order on an application under subsection (1)
if and only if the Court is satisfied that such
an order -
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(a) is necessary for the protection of the applicant;
or
(b) is in the best interests of a child or a dependant.
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Grant of tenancy order on an ex parte
application
12. (1) A tenancy
order may be made on an ex parte application
if the Court is satisfied that -
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(a) the respondent has used violence against or
caused physical or mental injury to the applicant
or dependant; and
(b) the delay that would be caused by proceeding
on notice would or might expose the applicant,
child or dependant, as the case may be, to physical
injury.
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(2) Any tenancy order made on an ex parte
application shall be an interim order.
(3) Where the Court makes a tenancy order on an
ex parte application the Court shall,
at the same time, make an interim protection order
unless the Court considers that there are special
reasons why such an order should not be made.
(4) A tenancy order which is made on an ex
parte application while the applicant and
the respondent are living together in the same
household shall expire -
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(a) on the discharge of the order by the Court;
(b) on the discharge of an interim protection
order made under subsection (3);
(c) in any other case, at the expiration of a
period of seven days after the date on which the
order was made.
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(5) Where a tenancy order is made on an ex
parte application the respondent may apply
immediately for variation or discharge of that
order.
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Effect of tenancy order
13. (1) Where
a tenancy order is made the applicant shall, unless
the tenancy is sooner determined, become the tenant
of the dwelling house upon and subject to the
terms and conditions of the tenancy in force at
the time of the making of that order, and the
respondent shall cease to be the tenant.
(2) Every tenancy order shall have effect and
may be enforced as if it were an order of the
Court for possession of the land granted in favour
of the applicant.
(3) nothing in this Act or in any tenancy order
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(a) limits or affects the operation of any enactment
or rule of law for the time being applicable to
any tenancy to which a tenancy order applies,
or to the dwelling house held under the tenancy;
or
(b) authorises the Court to vary, except by vesting
the tenancy pursuant to this section or revesting
the tenancy pursuant to section 15, any express
or implied term or condition of the tenancy.
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Power to discharge tenancy order and revest
tenancy
14. (1) The Court
may, if it thinks fit on the application of -
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(a) the applicant or respondent; or
(b) the personal representative of either party,
make an order (in this section referred to as
a "revesting order") revesting the tenancy
accordingly.
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(2) Where a revesting order is made under subsection
(1), the person in whose favour it is made shall,
unless the tenancy is sooner lawfully determined,
become the tenant of the dwelling house upon and
subject to the terms and conditions of the tenancy
in force immediately before the date on which
the revesting order was made.
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PROVISIONS RELATING TO OCCUPATION ORDERS
AND TENANCY ORDERS
Procedure relating to occupation order and
tenancy orders
15. (1) Before
making any occupation order (other than an interim
occupation order) or any tenancy order (other
than an interim tenancy order) the Court shall
direct that notice be given to any person having
an interest in the property which would be affected
by the order.
(2) The person referred to in subsection (1) shall,
upon being notified pursuant to that subsection,
be entitled to appear and to be heard in the matter
of the application for the occupation order or
tenancy order as a party to that application.
(3) Where an application is made for an occupation
order, the Court may treat that application as
an application for a tenancy order or an occupation
order or both and may make a tenancy order (whether
or not it makes an occupation order) if it is
satisfied that -
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(a) it has jurisdiction to make the tenancy order
and that the making of such an order is appropriate;
and
(b) subsection (1) has been complied with in respect
of the making of a tenancy order.
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(4) Where an application is made for a tenancy
order, the Court may treat that application as
an application for an occupation order or a tenancy
order or both and may make an occupation order
(whether or not it makes a tenancy order) if it
is satisfied that -
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(a) it has jurisdiction to make an occupation
order and that the making of such an order is
appropriate; and
(b) subsection (1) has been complied with in respect
of the making of an occupation order.
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Power of Court to make ancillary order re:
furniture
16. (1) On or
after making an occupation order or a tenancy
order, the Court may, subject to subsection (2)
make an order granting to the applicant the use,
for such period and on such terms and subject
to such conditions as the Court thinks fit, of
all or any of -
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(a) the furniture;
(b) household appliances; and
(c) household effects, in the household residence
or other premises to which the occupation order
relates or in the dwelling house to which the
tenancy order relates.
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(2) Notwithstanding subsection (1), an order made
under that subsection shall continue in force
for a period of three months beginning on the
date on which the order is made, unless the Court
otherwise directs, but, in any event, shall expire
if the occupation order made in relation to the
household residence or other premises or the tenancy
order made in relation to the dwelling house expires
or is discharged.
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Interim orders
17. (1) Every
interim order made under this Act on an ex
parte application shall specify a date (which
shall be as soon as reasonably practicable thereafter)
for a hearing on whether an order should be made
in substitution for the interim order.
(2) The copy of any such interim order which is
served on the respondent shall notify the respondent
that unless the respondent attends on the specified
date to show cause why an order should not be
made in substitution for the interim order, the
Court may discharge the interim order and make
an order in substitution therefor.
(3) At the hearing referred to in subsection (1)
the Court may -
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(a) discharge the interim order; or
(b) discharge the interim order and make an order
in substitution therefor; or
(c) on good cause being shown, adjourn the hearing
to such date and place as the Court may specify.
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(4) Where a hearing is adjourned under subsection(3)(c)
the Court shall, at the adjourned hearing, exercise
either the power conferred by paragraph (a) or
by paragraph (b) of that subsection.
(5) In this section -
"interim order" means an interim
protection order, an interim occupation order
or an interim tenancy order, as the case may be;
"order" means a protection
order, an occupation order or a tenancy order,
as the case may be, not being or an interim order.
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GENERAL
Conduct of proceedings
18. (1) No person
shall be present during the hearing of any proceedings
under this Act (other than criminal proceedings)
except -
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(a) officers of the Court;
(b) parties to the proceedings and their counsel;
(c) witnesses;
(d) any other person permitted by the Judge to be
present.
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(2) Any witness shall leave the courtroom if asked
to do so by the Judge.
(3) Nothing in this section shall limit any other
power of the Court to hear proceedings in camera
or to exclude any person from the Court.
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Evidence
19. In any proceedings under
this Act (other than criminal proceedings) including
proceedings by way of appeal, the Court may receive
such evidence as it thinks fit whether it is otherwise
admissible in a Court of law or not.
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Standard of
proof
20. Every question of fact
arising in any proceedings under this Act (other
than criminal proceedings) shall be decided on a
balance of probabilities.
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Restriction of publication
of reports of proceedings
21. (1) Subject
to subsection (4), no person shall publish any report
of proceedings under this Act (other than criminal
proceedings) except with the leave of the Court
which heard the proceedings.
(2) Every person who contravenes subsection (1)
commits an offence and is liable on summary conviction
to a fine not exceeding five thousand dollars.
(3) Nothing in this section limits -
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(a) the provisions of any other enactment relating
to the prohibition or regulation of the publication
of reports or particulars relating to judicial proceedings;
or
(b) the power of the Court to punish any contempt
of Court.
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(4) This section shall not apply to the publication
of any report in any publication that -
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(a) is of a bona fide professional or technical
nature; or
(b) is intended for circulation among members of
the legal or medical professions, officers of the
Public Service, psychologists, marriage counsellors
or social welfare workers.
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Orders by consent
22. In any proceedings under
this Act a Court may make any order by the consent
of all the parties to such proceedings.
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Counselling
23. The Court may, on making
an order under this Act, recommend either or both
parties to participate in counselling of such nature
as the Court may specify.
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Appeals
24. (1) Any person
aggrieved by -
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(a) the making of an order by the Court;
(b) the refusal of the Court to make an order, may,
within (twenty-eight) days after the decision of
the Court, appeal to the Court of Appeal.
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(2) Except where the Court which makes an order
under this Act otherwise directs, the operation
of such order shall not be suspended by virtue of
an appeal under this section, and every such injunction
or other order may be enforced in the same manner
and in all respects as if no appeal under this section
were pending.
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Protection of mortgagee
25. (1) The rights conferred
on any person in respect of any property by an order
made under this Acy shall be subject to the rights
of any other person entitled to the benefit of any
mortgage, security, charge or encumbrance affecting
the property if such mortgage, security, charge
or encumbrance was registered before the order was
registered or if the rights of that other person
entitled to that benefit arise under an instrument
executed before the date of the making of the order.
(2) Notwithstanding anything in any enactment or
in any instrument, no money payable under any such
mortgage, security, charge or encumbrance shall
be called up or become due by reason of the making
of an order under this Act.
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Rules of Court
26. Rules of Court may be made
for the purpose of regulating the practice and procedure
of the Court in proceedings under this Act providing
for such matters as are necessary for giving full
effect to the provisions of this Act and for the
due administration thereof.
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