Victorian Current Acts

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PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 26

Court may give mediation directions

    (1)     At a mention date or a hearing of an application for a personal safety intervention order or for the variation or revocation of a personal safety intervention order, if the court considers in the circumstances of the case that mediation may be appropriate, the court may give—

        (a)     a direction that requires the parties to attend a mediation assessment; or

        (b)     subject to subsection (2),     a direction that requires the parties to attend mediation; or

        (c)     a direction that requires the parties to attend—

              (i)     a mediation assessment; and

              (ii)     if the matter is assessed as suitable for mediation, a mediation.

    (2)     The court must not give a direction under subsection (1)(b) unless it has received a mediation assessment certificate that specifies that the matter is suitable for mediation.

    (3)     If the court gives a direction under subsection (1), it may adjourn the proceeding to allow for the mediation assessment, the mediation or the mediation assessment and mediation (as the case requires) to occur.

    (4)     A direction given under subsection (1) applies to all parties to the proceeding except—

        (a)     an applicant who is a police officer; and

        (b)     an applicant who is not the affected person and who the court has excluded from the direction.



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