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FAMILY VIOLENCE PROTECTION ACT 2008

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purpose  
  • 2 How purpose is to be achieved  
  • 3 Commencement  

PART 2--INTERPRETATION

  • 4 Definitions  
  • 5 Meaning of family violence  
  • 6 Meaning of economic abuse  
  • 7 Meaning of emotional or psychological abuse  
  • 8 Meaning of family member  
  • 9 Meaning of domestic partner  
  • 10 Meaning of relative  
  • 11 Meaning of family violence intervention order, final order and interim order  

PART 3--POLICE PROTECTION BEFORE COURT

Division 1--Holding powers

  • 12 Definitions  
  • 13 Criteria for exercise of powers  
  • 13A Criteria for exercise of powers—recognised DVOs  
  • 14 Direction power  
  • 15 Detention power  
  • 16 Search of person and seizure of objects  
  • 17 Procedural requirements for person directed to a police station, or person apprehended and detained  
  • 18 Duration of holding powers  
  • 19 Extension of periods  
  • 20 Telephone or fax application for extension order  
  • 21 Police to notify directed person when direction ceases  
  • 22 No questioning during holding period  
  • 23 Court may hear directed person or affected family member or protected person  

Division 2--Family violence safety notices

  • 24 Application for family violence safety notice  
  • 25 How an application may be made  
  • 26 Decision about family violence safety notice  
  • 26A Issue of family violence safety notice if recognised DVO in place  
  • 27 Form of family violence safety notice  
  • 28 Procedure if safety notice form completed  
  • 29 Conditions of family violence safety notice  
  • 30 Duration of family violence safety notice  
  • 31 Family violence safety notice taken to be application for family violence intervention order  
  • 32 Information to be included in family violence safety notice  
  • 33 Address for service  
  • 34 Service of family violence safety notice  
  • 35 Explanation of family violence safety notice  
  • 36 Accommodation  
  • 37 Contravention of family violence safety notice  
  • 37A Contravention of notice intending to cause harm or fear for safety  
  • 38 Arrest for contravention of family violence safety notice  
  • 39 Family violence intervention order prevails over family violence safety notice  
  • 40 Family violence safety notice prevails over existing recognised DVO  

PART 4--FAMILY VIOLENCE INTERVENTION ORDERS

Division 1--Application for family violence intervention order

  • 42 Where application for family violence intervention order may be made  
  • 43 How application is to be made  
  • 45 Who may apply for family violence intervention order  
  • 46 Application for leave  
  • 47 Application for protection of child may be included in application for protection of child's parent  
  • 48 Service of application  
  • 49 Registrar may issue summons on application for family violence intervention order  
  • 50 Magistrate or registrar may issue warrant on certain applications for family violence intervention orders  
  • 51 Application by affidavit or certified if warrant to issue  
  • 52 Bail on appearance on arrest  

Division 2--Interim orders

  • 52A Court to consider any children before deciding on interim order  
  • 53 Court may make interim order  
  • 53AA Court must make interim order for a child if court makes interim order for affected family member  
  • 53AB Interim protection of child on court's own initiative—interim order not made for affected family member  
  • 53A Interim family violence intervention order where existing personal safety intervention order  
  • 54 Interim order may be made in absence of respondent etc.  
  • 55 Evidentiary requirements for making interim orders  
  • 56 Interim order may apply to more than one affected family member  
  • 57 Explanation of interim order  
  • 57A Explanation of interim order—child respondents  
  • 58 Interim order made on electronic application by police  
  • 59 Hearing to be listed for decision about final order as soon as practicable  
  • 60 Expiry of interim order  

Division 2A--Interim orders made on court's own motion in bail proceeding or in criminal proceeding

  • 60A Definitions for this Division  
  • 60B Court hearing application or appeal relating to bail may make own motion interim order  
  • 60C Court may make interim order on its own motion in a criminal proceeding  
  • 60D Prosecutor not party to proceeding for interim order  
  • 60E Material before the court for making interim orders under this Division  
  • 60F Interim order to protect child if interim order made under section 60B or 60C  
  • 60G Oral explanation of interim order  
  • 60H Documents to be given to adult accused who is before the court  
  • 60I Service of interim order and other documents  
  • 60J Interim order taken to be application for a family violence intervention order and treated as application under this Act  
  • 60K Interim orders made by Supreme or County Court to be transferred to Magistrates' or Children's Court for final determination  
  • 60L Mention date and hearing for proceeding for final order  

Division 3--Proceedings for family violence intervention orders

  • 61 Mention date  
  • 62 Legal representation of a child who is not applicant or respondent  
  • 63 Hearing may relate to more than one application  
  • 64 Affected family member to be heard separately if application made by guardian  
  • 65 Evidence  
  • 66 Evidence may be given by affidavit or sworn or affirmed statement  
  • 67 Evidence given by children  
  • 67A Court may issue warrant to arrest for witness who fails to appear  
  • 68 Court may close proceeding to public  
  • 69 Alternative arrangements for proceeding  
  • 70 Special rules for cross-examination of protected witnesses  
  • 71 Representation of respondent  
  • 72 Representation of applicant  
  • 73 Expert evidence about family violence  

Division 3A--Assessment reports in proceedings in the Children's Court

  • 73A Children's Court may order assessment of respondent or affected family member  
  • 73B Notification of requirement to submit assessment report  
  • 73C Warning to be given to persons being interviewed  
  • 73D Disputed report  
  • 73E Content of assessment report  
  • 73F Secretary to forward report to Children's Court  
  • 73G Attendance at court of author of assessment report  
  • 73H Confidentiality of assessment reports  
  • 73I Court to consider any children before making final order  
  • 74 Power of court to make final order  
  • 74A No final order if existing personal safety intervention order  
  • 75 Power to make final order if affected family member has not consented to application or order—police applicants  
  • 76 Associated final orders  
  • 77 Court must make final order for a child if court makes final order for affected family member  
  • 77A Court must make final order for a child if court makes associated final order for affected family member or additional applicant  
  • 77B Protection of a child on court's own initiative—final order not made for affected family member or additional applicant  
  • 78 Consent orders  

Division 5--Conditions of family violence intervention orders

  • 79 Definition  
  • 80 Safety of affected person and children paramount in deciding conditions  
  • 81 Conditions to be included in family violence intervention order  
  • 82 Exclusion of respondent from residence  
  • 83 Exclusion of child respondent from residence  
  • 84 Court may ask Secretary for report for purposes of section 83  
  • 85 Excluded person to provide new address  
  • 86 Conditions about personal property  
  • 87 Relationship with orders made by Family Court and other courts  
  • 88 No effect on ownership rights  
  • 89 Court to enquire as to whether any other relevant orders for child  
  • 90 Variation of relevant Family Law Act order  
  • 91 Decision about contact with child  
  • 92 Conditions about arrangements for contact with child if not Family Law Act order  
  • 93 Condition prohibiting contact with child  
  • 94 Court to enquire about firearms and weapons  
  • 95 Suspension or cancellation of firearms authority etc.  

Division 6--Explanation of final order

  • 96 Explanation of final order  
  • 96A Explanation of final order—child respondents  

Division 7--Duration of final order

  • 97 Court may specify period for which order in force  
  • 98 Period for which order remains in force if respondent a child  
  • 99 Duration of order  

Division 8--Variation, revocation and extension of family violence intervention orders

  • 100 Power of court to vary or revoke family violence intervention order  
  • 101 Court may make interim order on application for variation of family violence intervention order  

Division 1--applies to applications for variations, revocations or extensions of family violence intervention orders. See the definition of family violence intervention order in section 11.

  • 102 Additional protection in varying or revoking orders  
  • 103 Continuing protection of protected person who is a child  
  • 104 Protection for children who have become family members since order made  
  • 105 Further application for variation etc. of order in respect of child  
  • 106 Power of court to extend final order  
  • 107 Interim extension order  
  • 108 Who may apply to vary, revoke or extend family violence intervention order  
  • 109 Application made by respondent for variation or revocation of family violence intervention order  
  • 110 Application made by police officer  
  • 111 Consent required if applicant is not protected person, guardian, respondent or police officer  
  • 112 Protected person's views to be heard separately in certain circumstances  
  • 113 Persons on whom application must be served  

Division 9--Appeals and rehearings

  • 114 Who may appeal  
  • 115 Court to which appeal must be made  
  • 116 Notice of appeal  
  • 117 Stay of relevant decision  
  • 118 Appeals not to commence if certain persons object  
  • 118A Appellant's failure to appear  
  • 118B Effect of order reinstating appeal—stay and bail conditions  
  • 119 Conduct of appeal  
  • 120 No further appeal  
  • 121 Application of certain Acts to appeals  
  • 122 Rehearing of certain proceeding  

Division 10--Contravention of family violence intervention order

  • 123 Contravention of family violence intervention order  
  • 123A Contravention of order intending to cause harm or fear for safety  
  • 124 Arrest for contravention of family violence intervention order  
  • 125 Protected person not guilty as abettor  

Division 11--Persistent contravention of notices and orders

  • 125A Persistent contravention of notices and orders  

Division 12--Double jeopardy--recognised DVOs

  • 125B No double jeopardy—recognised DVOs  

PART 5--COUNSELLING ORDERS

Division 1--Preliminary

  • 126 Definitions  
  • 127 Object of Part  
  • 128 Part applies only to adults  

Division 2--Orders to assess eligibility for and to attend counselling

  • 129 Order to assess eligibility for counselling  
  • 130 Order to attend counselling  
  • 131 Effect of appeal against final order  

Division 3--Procedures relating to counselling orders

  • 132 Notice of hearings  
  • 133 Approval of counselling  
  • 134 Person giving report may be required to attend hearing  
  • 135 Disputed report  
  • 136 Explanation of counselling orders  
  • 137 Variation or revocation of counselling orders  
  • 138 Service of counselling orders, eligibility report etc.  
  • 139 Certificate of respondent's non attendance  
  • 140 Confidentiality of eligibility interview and report  
  • 141 Confidentiality of counselling  
  • 142 Limited use of information by court  
  • 143 Authorisation to collect health information  
  • 144 Delegation  

PART 5A--INFORMATION SHARING

Division 1--Preliminary

  • 144A Definitions  
  • 144B Meaning of person of concern  
  • 144C Meaning of excluded information  
  • 144D Meaning of information sharing entity  
  • 144E Meaning of primary person  
  • 144F Meaning of CIP data custodian  
  • 144G Meaning of CIP requester  
  • 144H Objects of Part  
  • 144I Application of this Part to Courts  
  • 144J Principles  

Division 2--Information sharing for family violence assessment purpose

  • 144K Application of Division to confidential information of certain persons  
  • 144KA Voluntary disclosure for family violence assessment purpose  
  • 144KB Request for information sharing for family violence assessment purpose  
  • 144KC Obligation to disclose for family violence assessment purpose  
  • 144KD Collection and use of confidential information for family violence assessment purpose  

Division 3--Information sharing for family violence protection purpose

  • 144L Application of Division to confidential information of certain persons  
  • 144LA Voluntary disclosure for family violence protection purpose  
  • 144LB Request for information sharing for family violence protection purpose  
  • 144LC Obligation to disclose for family violence protection purpose  
  • 144LD Collection and use of confidential information for family violence protection purpose  

Division 4--Information sharing with primary persons

  • 144M Voluntary disclosure to primary person  
  • 144MA Primary person not to disclose confidential information other than for reasons of safety  

Division 5--Consent

  • 144N Consent of person of concern and certain other persons not required  
  • 144NA Consent of primary person who is an adult  
  • 144NB Consent of linked person  
  • 144NC Consent not required if primary person is a child  
  • 144ND Capacity to consent  

Division 6--The Central Information Point

  • 144O Central Information Point  
  • 144OA CIP purpose  
  • 144OB Central Information Point may handle confidential information for CIP purpose  
  • 144OC CIP requests  
  • 144OD CIP requester may disclose information to Central Information Point  
  • 144OE CIP data custodian may disclose confidential information to Central Information Point  
  • 144OF CIP data custodian may disclose information to other CIP data custodians  
  • 144OG CIP data custodians and CIP requesters may disclose information to Central Information Point on own initiative  
  • 144OH References in certain provisions to CIP data custodians and CIP requesters  
  • 144OI Delegation  

Division 7--Guidelines, protected disclosures and recording requirements

  • 144P Guidelines  
  • 144PA Disclosures made in good faith protected  
  • 144PB Information sharing entity and Central Information Point recording requirements  

Division 8--Relationship of this Part with other Acts

Division 9--Offences

  • 144R Unauthorised use and disclosure of confidential information  
  • 144RA Intentional or reckless unauthorised use and disclosure of confidential information  

Division 10--Review

  • 144S Review of operation of Part after 2 years of operation  
  • 144SA Review of operation of Part after 5 years of operation  

PART 5B--INFORMATION SHARING RELATING TO SUPPORT AND SAFETY HUBS

Division 1--Preliminary

  • 144SB Definition  
  • 144SC Meaning of authorised Hub entity  

Division 2--Object of Part

  • 144SD Object of Part  

Division 3--Information sharing

  • 144SE Authorised Hub entity may collect, use and disclose confidential information for a purpose connected with provision of Hub services  
  • 144SF Part does not affect handling of information permitted by other Acts  
  • 144SG Access to confidential information under privacy laws restricted where risks to safety  

PART 6--JURISDICTION OF COURTS AND PROCEEDINGS

Division 1--Jurisdiction of courts

  • 145 Definitions  
  • 146 Jurisdiction of courts if affected family member, protected person or respondent a child  
  • 147 Jurisdiction of Children's Court to deal with related applications  
  • 147A Jurisdiction of Children's Court to deal with applications related to child protection proceedings  
  • 148 Transfer of applications  
  • 149 Jurisdiction to revoke, vary or extend orders  

Division 2--Provisions about proceedings under this Act

  • 150 Restriction on presence of children  
  • 151 Adjournment to seek legal advice  
  • 152 Applicant who is police officer may be represented by another police officer  
  • 153 Certification  
  • 153A Offence to make false declaration of truth  
  • 154 Costs  
  • 155 Concurrent criminal proceedings  
  • 156 Family violence intervention order against carer  

PART 7--ENFORCEMENT POWERS

  • 157 Entry and search of premises  
  • 158 Surrender of firearms and weapons  
  • 159 Power of police officer to search premises for firearms etc. without warrant  
  • 159A Applications for DVOs—additional requirements for direction or search without warrant  
  • 160 Warrants to search premises and vehicles  
  • 161 Announcement before entry  
  • 162 Copy of the warrant to be given to occupier  
  • 163 Seizure of firearms etc.  
  • 164 Effect of surrender or seizure of firearm, weapon or other article if final order made against person  
  • 165 Effect of surrender or seizure of firearm, weapon or other article if no final order etc.  

PART 8--RESTRICTION ON PUBLICATION OF PROCEEDINGS

Division 1--General restriction on publication

  • 166 Restriction on publication of proceeding in Magistrates' Court  
  • 167 Exception to restriction on publication  
  • 168 Identifying particulars  
  • 169 Court may allow publication of locality, particulars or picture  

Division 2--Exception for publication by or with consent of adult victim

  • 169A Interpretation  
  • 169B Exception to restriction on publication by or with consent of adult victim  
  • 169C Subsequent publication  

Division 3--Issuing jurisdiction restrictions on publication about recognised DVOs

  • 169D Meaning of issuing jurisdiction  
  • 169E Recognised DVOs—issuing jurisdiction restrictions not affected  

PART 9--RELATIONSHIP WITH OTHER ACTS

PART 9A--RELATIONSHIP WITH PERSONAL SAFETY INTERVENTION ORDERS ACT 2010

Division 1--General

  • 176A Definitions  
  • 176B Concurrent applications may be heard together  
  • 176C Family violence intervention order, recognised DVO to prevail  

Division 2--Certain applications under Personal Safety Intervention Orders Act 2010 to be heard under this Act where parties are family members

Division 2--of Part 8 of the Personal Safety Intervention Orders Act 2010 provides for applications for family violence intervention orders to be heard under that Act as applications for personal safety intervention orders where the court determines that the parties are not family members.

  • 176D Application of Division  
  • 176E Court may determine parties to application for personal safety intervention order are family members  
  • 176F No further determination if determination made by County Court or Supreme Court  
  • 176G Effect of determination under section 176E(2)(b)—general  

Division 8--of Part I of the Evidence (Miscellaneous Provisions) Act 1958 provides for confidentiality of mediation conferences conducted under that Division.

  • 176H Search warrants issued under Personal Safety Intervention Orders Act 2010  
  • 176I Firearms etc seized or surrendered under Personal Safety Intervention Orders Act 2010  
  • 176J Existing interim personal safety intervention order must be revoked  
  • 176K Determination made on application to vary existing interim personal safety intervention order  
  • 176L Determination made on application to revoke existing interim personal safety intervention order  
  • 176M Determination made when hearing application for final personal safety intervention order  
  • 176N Revocation of interim personal safety intervention order under this Division  
  • 176O Explanation of determination  

PART 10--CORRESPONDING NEW ZEALAND ORDERS

  • 177 Registration of corresponding New Zealand orders  
  • 178 Notice to be given of registration of corresponding New Zealand orders  
  • 179 Variation, extension or revocation by New Zealand Court has no effect  
  • 180 Variation, extension or revocation of registered corresponding New Zealand order by Victorian Court  
  • 181 Notice of proposed variation, extension or revocation of registered corresponding New Zealand order  
  • 182 Notice to be given of variation, extension or revocation of registered corresponding New Zealand order  

PART 11--FAMILY VIOLENCE RISK ASSESSMENT AND RISK MANAGEMENT FRAMEWORK

  • 188 Definitions  
  • 189 Minister may approve framework  
  • 190 Obligation to align with approved framework  
  • 191 Compliance with approved framework to form condition of contract or agreement  
  • 192 Ministers to prepare annual report on approved framework  
  • 193 Consolidated annual report to be tabled in Parliament  
  • 194 Minister must review approved framework  
  • 195 Review of operation of Part  
  • 196 Rights and liabilities  

PART 12--SERVICE OF DOCUMENTS

  • 201 Service of orders  
  • 202 Manner of service  
  • 202A Court may order alternative service  
  • 202B Presumption as to effective service by post, electronic communication  
  • 202C Substituted service  
  • 203 Proof of service  
  • 204 Inability to serve document  
  • 205 Person may cause document to be served  
  • 206 Certificate of service  
  • 207 Disclosure of information by organisations  

PART 13--MISCELLANEOUS

Division 1--Jurisdiction of Supreme Court

  • 208 Supreme Court—limitation of jurisdiction  

Division 1A--Offences by bodies corporate

  • 208A Imputing conduct to bodies corporate  
  • 208B Criminal liability of officers of bodies corporate—accessorial liability  

Division 2--Rule-making power

  • 209 Rules of court and practice directions for Magistrates' Court  
  • 210 Rules of court and practice directions for Children's Court  

Division 3--Regulations

  • 210A Information sharing regulation making power  
  • 210B Framework regulation making power  
  • 211 General regulation making power  

PART 14--REPEAL, TRANSITIONAL AND VALIDATION PROVISIONS

Division 1--Repeal

Division 2--Transitional provisions

  • 213 Definitions  
  • 214 References to repealed Act  
  • 215 Intervention orders  
  • 216 Interim intervention orders  
  • 217 Counselling orders  
  • 218 Applications  
  • 219 Proceedings  
  • 220 Interim intervention order  
  • 221 Acts committed before commencement day relevant  
  • 222 Protection for protected person applies to acts committed before commencement day  
  • 223 Interstate and New Zealand orders  

Division 3--Validation provision

  • 224 Validation of certain interstate orders  

Division 4--Statute Law Amendment (Evidence Consequential Provisions) Act 2009

  • 224A Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009  

Division 5--Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010

  • 224B Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010  

Division 6--Personal Safety Intervention Orders Act 2010

Division 7--Justice Legislation (Family Violence and Other Matters) Act 2012

  • 224D Transitional provisions—Justice Legislation (Family Violence and Other Matters) Act 2012  

Division 8--Children, Youth and Families Amendment Act 2013

  • 225 Transitional provision—Children, Youth and Families Amendment Act 2013  

Division 9--Family Violence Protection Amendment Act 2014

  • 226 Transitional provisions—Family Violence Protection Amendment Act 2014  

Division 10--National Domestic Violence Order Scheme Act 2016

  • 227 Transitional provisions—National Domestic Violence Order Scheme Act 2016  

Division 11--Family Violence Protection Amendment Act 2017

  • 228 Definitions  
  • 228A Family violence intervention orders for protection of children  
  • 229 Appeals  
  • 229A Explanations of orders  
  • 230 Approval of counselling  
  • 230A Review of amendments to first mention date for family violence safety notices  
  • 231 Alternative service  

Division 12--Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

  • 232 Transitional provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018  

Division 13--Justice Legislation Miscellaneous Amendment Act 2018

  • 233 Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018  

Division 14--Police and Emergency Legislation Amendment Act 2020

  • 234 Transitional provision—Police and Emergency Legislation Amendment Act 2020  

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