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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 176G

Effect of determination under section 176E(2)(b)—general

    (1)     On and from making a determination under section 176E(2)(b), the application for the personal safety intervention order is taken, to the extent possible, to be an application for a family violence intervention order and, subject to this Part—

        (a)     this Act applies as if—

              (i)     a reference in the application to an affected person were a reference to an affected family member; and

              (ii)     a reference in the application to prohibited behaviour or stalking were a reference to family violence; and

        (b)     the court may make any orders that it may make in respect of an application for a family violence intervention order under this Act; and

        (c)     anything that has been done under the Personal Safety Intervention Orders Act   2010 in relation to the application or the proceeding for the application is, to the extent possible, taken to have been done under this Act.

    (2)     Without limiting subsection (1)(c)—

        (a)     a summons issued under section 20 of the Personal Safety Intervention Orders Act   2010 is taken to be a summons issued under section 49 of this Act; and

        (b)     a warrant to arrest issued under section 21 or  50 of the Personal Safety Intervention Orders Act 2010 is taken to be a warrant issued under section 50 or  67A of this Act; and

        (c)     if the respondent has been granted bail, the bail conditions continue to apply; and

        (d)     a direction given under section 115 of the Personal Safety Intervention Orders Act 2010 is taken to be a direction given under section 158 of this Act.

    (3)     Despite subsection (1)(c), on making a determination under section 176E(2)(b)

        (a)         any order made under section 107 of the Personal Safety Intervention Orders Act 2010 ceases to apply;

        (b)     Division 8 of Part I of the Evidence (Miscellaneous Provisions) Act 1958 continues to apply to the proceeding.

Note

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

S. 176H inserted by No. 53/2010 s. 215.



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