Victorian Current Acts

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PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 63

Power to make final order if affected person has not consented to application or order—police applicants

    (1)     If the applicant for a final order is a police officer, the court may make the order under section 61 even if the affected person has not consented to the making of the application.

S. 63(2) amended by No. 16/2011 s. 8(2).

    (2)     However, if the affected person does not consent to the making of the final order, the final order may include only conditions referred to in section 67(2)(a), (b), (f), (g) or (h).

    (3)     Subsection (2) does not apply if—

S. 63(3)(a) substituted by No. 16/2011 s. 8(3).

        (a)     the affected person is a child and—

              (i)     no adult affected person is included in the application; or

              (ii)     the adult affected person included in the application consents to the making of the order; or

        (b)     the affected person has a guardian and the guardian has consented to the application; or

        (c)     the affected person is cognitively impaired.



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