Appendix A
Children and young people’s participation in Australian states and territories
New South Wales: The Crimes (Domestic and Personal Violence) Act 2007 (NSW) provides that an apprehended domestic violence order may be sought for a person under 16 only by a police officer.[225] A person aged 16 or older may apply for themselves.[226] Legal representation is available, including through Legal Aid NSW. There is no general mechanism for a child under 16 to have separate legal representation in an apprehended domestic violence order matter.
Western Australia: Under the Restraining Orders Act 1997 (WA), a person aged 16 and over seeking protection may apply for a family violence restraining order in their own right.[227] A police officer may apply on their behalf too.[228] Where the person seeking protection is a child, an application may be also made by a parent or guardian of the child or a child welfare officer.[229] Where the respondent is an adult but the person seeking protection is a child, the application may be heard in either the Children’s Court or the Magistrates Court.[230]
Queensland: Under the Domestic and Family Violence Protection Act 2012 (Qld), a child can only be named as a protected person (‘aggrieved’) where an intimate personal relationship or an informal care relationship exists between the child and the respondent.[231] A child may make an application themselves if this condition is met. It may also be made by a police officer, or by an authorised person where the child or young person has agreed.
A child or young person who faces family violence in another kind of family relationship, such as violence by a parent, will not be able to apply under this Act. These cases are dealt with via the child protection system.
South Australia: Under the Intervention Orders (Prevention of Abuse) Act 2009 (SA), a child aged 14 or older may apply for an intervention order themselves.[232] For a child under 14, an application must be made by a parent, guardian or representative. A child seeking variation or revocation must have the permission of the court if they are aged 14 or older.[233]
Tasmania: Under the Family Violence Act 2004 (TAS) an ‘affected child’ may apply for a family violence order themselves at any age. A parent, guardian, police officer or other adult granted leave by the court may also apply for them.
In Tasmania, ‘family violence’ is narrowly defined to mean behaviour against a spouse or partner (a person in a ‘significant relationship’ with the perpetrator) and between people over sixteen. A child of the relationship may be an affected child. However, other relationships such as those between a child and parent or siblings fall outside the Act.[234] The family violence law in Tasmania is currently under review.[235]
Australian Capital Territory: Under the Family Violence Act 2016 (ACT), an affected person may apply for a protection order in the Magistrates’ Court. There is no legislated restriction on the age at which a child or young person can apply for a protection order, although the court may appoint a litigation guardian based on the child’s maturity and decision-making capacity.[236] In practice, the Magistrate’s Court Application form recommends a litigation guardian is appointed for applicants under 14 years of age.[237] A young person may also have an application made by a police officer, parent or guardian.[238]
Northern Territory: Under the Domestic and Family Violence Act 2007 (NT), a young person aged between 15 and 18 may apply for a domestic violence order only with the leave of the court. The court may grant leave only if it is satisfied that the young person has capacity and ‘understands the nature, purpose and legal effect of the application and of the making of an order.’[239] For a person under 15, an application must be made by another person. This may include a police officer, a child protection officer, an adult acting on a child’s behalf or a legal representative acting on behalf of and with the consent of the child, the young person’s legal representative, or the court on its own initiative.[240]
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Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 48(2).
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Ibid s 48(6).
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Restraining Orders Act 1997 (WA) s 24A(1)(a).
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Ibid ss 24A, 25..
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Ibid ss 24A(2), 25(2).
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Ibid ss 24A(3), 25(3).
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Domestic and Family Violence Protection Act 2012 (Qld) s 22. Whether an “intimate personal relationship” exists between two young people within the meaning of s 18 (Meaning of couple relationship) is decided by the court on a case-by-case basis, having regard to factors including the degree of trust between the persons, the level of each person’s dependence on and commitment to the other, the length of the relationship and the frequency of contact. An adolescent dating relationship may not meet the threshold.
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Intervention Orders (Prevention of Abuse) Act 2009 (SA) s 20.
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Ibid s 26.
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In these cases, a child or young person must apply for a restraint order under the Justices Act 1959 (Tas), but must have a parent, guardian police officer or other adult apply with leave.
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Tasmanian Council of Social Service Inc., Strengthening Our Responses to Family Violence in Tasmania: Family Violence Act 2004 and Related Legislation Discussion Paper (Report, April 2026) <https://tascoss-org-au.assets.ionatahosting.net/uploads/2026/03/TasCOSS-Family-Violence-Act-Discussion-Paper-Submission-FINAL-.pdf> The Discussion Paper released by the Department of Justice identifies gaps in protection as a result of this narrow definition.
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Family Violence Act 2016 (ACT) s 78.
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ACT Magistrates Court, ‘Application for a Family Violence Order (FVO)’ <https://www.courts.act.gov.au/__data/assets/pdf_file/0019/3019222/Application-for-Family-Violence-Order.pdf>.
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Family Violence Act 2016 (ACT) s 16(2); Tasmanian Council of Social Service Inc., Strengthening Our Responses to Family Violence in Tasmania: Family Violence Act 2004 and Related Legislation Discussion Paper (Report, April 2026) <https://tascoss-org-au.assets.ionatahosting.net/uploads/2026/03/TasCOSS-Family-Violence-Act-Discussion-Paper-Submission-FINAL-.pdf> The Discussion Paper released by the Department of Justice identifies gaps in protection as a result of this narrow definition.
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Domestic and Family Violence Act 2007 (NT) s 52(4).
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Ibid ss 28, 52.
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