Victorian Current Acts Victorian Current Acts(1) A police officer may apply for an order under section 19 by telephone, fax or other electronic communication if—
(a) the application is made—
(i) before 9 a.m. or after 5 p.m. on a weekday; or
(ii) on a Saturday, Sunday or public holiday; or
(b) the officer reasonably believes that it is impracticable to make the application in person.
(2) Before applying by telephone, fax or other electronic communication, the officer must complete an application setting out—
(a) the grounds on which the order is sought; and
(b) any other prescribed particulars.
(3) On an application made by telephone, fax or other electronic communication, the court is not bound by the rules of evidence.
S. 20(3A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 22.1).
(3A) Despite anything to the contrary in subsection (3), Part 3.10 of the Evidence Act 2008 applies in respect of an application made by telephone, fax or other electronic communication.
S. 20(4) amended by No. 53/2016 s. 86(1).
(4) If the court makes an order under section 19 on an application made by telephone, fax or other electronic communication, the court must inform the officer of the terms of the order, the period of operation of the order and, if applicable, the venue of the court for the first mention date for the application for the family violence intervention order.
(5) If an order under section 19 is made on an application made by telephone, the officer who made the application must—
(a) complete a form of order in the terms indicated by the court under subsection (4) and must write on it the name of the magistrate who constituted the court that made the order and the date on which and the time at which it was made; and
S. 20(5)(b) substituted by No. 53/2016 s. 86(2).
(b) ensure that the form of order completed by the officer is received at the venue of the court nominated in the order—
(i) before the hearing of the application for the family violence intervention order; or
(ii) otherwise, as soon as practicable.