Victorian Current Acts

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 53AB

    (1)     If the court does not make an interim order under section 53(1) in relation to an affected family member, the court may, on its own initiative, make an interim order for a child as a protected person if satisfied, on the balance of probabilities, that—

        (a)     the child has been subjected to family violence committed by the respondent; and

        (b)     an interim order is necessary to protect the child pending a final decision about the application.

S. 53AB(2) inserted by No. 33/2018 s. 19.

    (2)     An interim order under subsection (1) is an order in the proceeding under section 53 and, for the purposes of any proceeding for any final order under section 74 or 76—

        (a)     the applicant for the final order is—

              (i)     the affected family member who made the initial application referred to in section 53(1); or

              (ii)     if the affected family member did not make the application referred to in section 53(1), the person who made that application on behalf of the affected family member; or

              (iii)     if neither subparagraph (i) or (ii) apply, in accordance with subsection (3), the Chief Commissioner of Police; and

        (b)     the child is a party to the proceeding; and

        (c)     the respondent to the initial application referred to in section 53(1) is a party to the proceeding; and

        (d)     any application for the final order may be dealt with in accordance with this Act in the same way as any other application; and

        (e)     the application for the final order in respect of the child is not affected by the initial application referred to in section 53(1) being struck out or withdrawn.

    (3)     In making an interim order referred to in this section, the court may appoint the Chief Commissioner of Police to be the applicant for any final order in respect of the child if satisfied that—

        (a)     the Chief Commissioner of Police is not a person referred to in subsection (2)(a)(ii); and

        (b)     the appointment is necessary in all the circumstances, having regard to the child's safety.

    (4)     If the court makes an appointment under subsection (3), the court must ensure that the Chief Commissioner of Police is given—

        (a)     a copy of the interim order which makes that appointment; and

        (b)     a copy of the application referred to in  section 53(1).

Note

See also section 152.

S. 53A inserted by No. 53/2010 s. 211.