Victorian Current Acts

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 85

    (1)     An application to vary, revoke or extend a personal safety intervention order may be made to the court by—

        (a)     a party to the proceeding in which the order was made; or

Note

See the definition of party in section 4 which provides that the protected person is a party to the proceeding, whether or not the person is the applicant for the proceeding.

        (b)     if the protected person is a child—

              (i)     a parent of the child; or

              (ii)     any other person with the written consent of a parent of the child; or

        (c)     if the protected person is a child who is 14 years of age or more, the protected person with the leave of the court; or

        (d)     if a police officer was not a party to the proceeding in which the personal safety intervention order was made, a police officer; or

        (e)     if the protected person has a guardian and the guardian was not a party to the proceeding in which the personal safety intervention order was made, the guardian.

    (2)     For the purposes of subsection (1)(a), if a party to the proceeding in which the personal safety intervention order was made was a police officer or an officer of another organisation—

        (a)     the application may be made by any other police officer or officer of the organisation; and

        (b)     that police officer or officer is taken to be a party to the original proceeding.

S. 85(3) amended by No. 52/2013 s. 74.

    (3)     When a person makes an application under this section, a court official may provide information about mediation to that person.