A Western Australian court has cancelled a violence restraining order issued to an Indigenous boy who was under the legal age of criminal responsibility.
Video circulating on social media showed a young Indigenous boy being served the order (VRO) by a police officer who read out the details of the notice in Mirrabooka, a suburb in Perth, on November 3.
In the video, the boy’s mother can be heard questioning the officer as to how her seven-year-old son could understand the details of the VRO.
WA Police said officers were given a court direction to serve the VRO on the night of November 3.
“During service, it was identified that the child was seven years old,” a police spokesperson said.
“The law is very clear that a VRO cannot be made to a child under 10 years of age.”
The spokesperson said police queried the VRO with the court.
A court spokesperson confirmed police advised on Monday morning that the child was seven years old, bringing the matter back before the courts.
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“The court resolved this matter on 6 November 2023 by cancelling the order,” the spokesperson said.
“The court has checked the hearing of the original application and the representation made to the court was that the children the subject of the applications were in high school.
“The court also made an order that the applicant for the order be personally served with the cancellation notice.”
WA Police noted that Commissioner Col Blanch reviewed the matter and “fully supports the officers involved” after the VRO was deemed invalid.
“They conducted themselves professionally and were acting on the court’s direction,” the spokesperson said.
For 24/7 crisis support run by Aboriginal and Torres Strait Islander people, contact 13YARN (13 92 76).
