Victorian Current Acts

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 169A

    (1)     In this Division—

S. 169A(1) def. of adult victim amended by No. 53/2016 s. 67(a).

"adult victim" means an adult who—

        (a)     is a protected person under a family violence safety notice or a family violence intervention order or a recognised DVO; and

        (b)     was a victim in relation to a relevant offence or an alleged relevant offence;

S. 169A(1) def. of permitted content amended by No. 53/2016 s. 67(b).

permitted content , in relation to a report relating to a family violence safety notice or family violence intervention order or recognised DVO, means all or any of the following—

        (a)     the fact that the family violence safety notice or family violence intervention order or recognised DVO applies to a person who has been charged with or convicted or found guilty of a relevant offence;

        (b)     the fact that an adult victim is identified in the report as—

              (i)     a protected person in relation to the family violence safety notice or family violence intervention order or recognised DVO; and

              (ii)     a victim of a relevant offence or an alleged relevant offence;

        (c)     the types of restrictions imposed by the conditions of the family violence safety notice or family violence intervention order or recognised DVO;

        (d)     the details of and conduct constituting a relevant offence or alleged relevant offence;

S. 169A(1) def. of post-notice or order offence substituted by No. 53/2016 s. 67(c).

"post-notice or order offence" means—

        (a)     in relation to a family violence safety notice or family violence intervention order—

              (i)     a contravention of the family violence safety notice or family violence intervention order under  section 37, 37A, 123, 123A or 125A; or

              (ii)     any other offence where the conduct constituting the offence would constitute a contravention of the family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or  125A;

        (b)     in relation to a recognised DVO, means a contravention of the recognised DVO enforced as if it were a contravention of a family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or  125A;

"pre-notice or order offence" , in relation to a family violence safety notice or family violence intervention order, means an offence where the conduct that constituted the offence—

        (a)     led to the making of the family violence safety notice or family violence intervention order; and

        (b)     would have constituted a contravention of the family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or  125A if the notice or order had been in place at the time of the offence;

"relevant offence" means—

        (a)     a pre-notice or order offence; or

        (b)     a post-notice or order offence.

    (2)     For the purposes of this Division a charge against a person for an offence is pending until the charge is finally dealt with in any of the following ways—

        (a)     the charge is withdrawn or the person dies without the charge having been determined;

        (b)     the charge is dismissed by a court;

        (c)     the person is discharged by a court following a committal hearing;

        (d)     the person is acquitted or found guilty of the offence by a court.

S. 169B inserted by No. 77/2014 s. 20.