Victorian Current Acts

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 77B

    (1)     If the court does not make a final order under section 74 in relation to an affected family member, the court may, on its own initiative, make a final order for a child of an affected family member or respondent as a protected person if satisfied, on the balance of probabilities, that the respondent has committed family violence against the child and is likely to continue to do so or do so again.

    (2)     If the court does not make a final order under section 76 in relation to an affected family member or an additional applicant, the court may, on its own initiative—

        (a)     make a final order for a child of an affected family member as a protected person if satisfied, on the balance of probabilities, that the additional respondent has subjected the child to behaviour that would be family violence if the child and the additional respondent were family members, and is likely to continue to do so or do so again; or

        (b)     make a final order for a child of an additional applicant as a protected person if satisfied, on the balance of probabilities, that the respondent has subjected the child to behaviour that would be family violence if the child and the respondent were family members, and is likely to continue to do so or do so again.

S. 77B(3) inserted by No. 33/2018 s. 23.

    (3)     A final order under subsection (1) or (2) is an order in the proceeding under section 74 or 76, as the case requires, and for that purpose—

        (a)     in the case of a final order referred to in subsection (1) or (2)(a), the applicant for the final order is—

              (i)     the affected family member who made the initial application referred to in section 53(1), 74 or  76, as the case requires; or

              (ii)     if the affected family member did not make the initial application referred to in section 53(1), 74 or  76, the person who made that application on behalf of the affected family member; or

              (iii)     if an appointment has been made under  section 53AB(3), the Chief Commissioner of Police; and

        (b)     in the case of a final order referred to in subsection (2)(b), the applicant for the final order is the additional applicant under section 76(2) ; and

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

        (d)     the respondent to the initial application referred to in section 53(1) , 74 or 76, as the case requires, is a party to the proceeding.