Victorian Numbered Acts

FAMILY VIOLENCE PROTECTION ACT 2008 (NO. 52 OF 2008)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      How purpose is to be achieved  
   3.      Commencement  

   PART 2--INTERPRETATION

   4.      Definitions  
   5.      Meaning of family violence  
   6.      Meaning of economic abuse  
   7.      Meaning of emotional or psychological abuse  
   8.      Meaning of family member  
   9.      Meaning of domestic partner  
   10.     Meaning of relative  
   11.     Meaning of family violence intervention order, final order and interim order  

   PART 3--POLICE PROTECTION BEFORE COURT

           Division 1--Holding powers

   12.     Definitions  
   13.     Criteria for exercise of powers  
   14.     Direction power  
   15.     Detention power  
   16.     Search of person  
   17.     Procedural requirements for person directed to a police station, or person apprehended and detained  
   18.     Duration of holding powers  
   19.     Extension of periods  
   20.     Telephone or fax application for extension order  
   21.     Police to notify directed person when direction ceases  
   22.     No questioning during holding period  
   23.     Court may hear directed person or affected family member  

           Division 2--Family violence safety notices

   24.     Application for family violence safety notice  
   25.     How an application may be made  
   26.     Decision about family violence safety notice  
   27.     Form of family violence safety notice  
   28.     Procedure if safety notice form completed  
   29.     Conditions of family violence safety notice  
   30.     Duration of family violence safety notice  
   31.     Family violence safety notice taken to be application for family violence intervention order  
   32.     Information to be included in family violence safety notice  
   33.     Address for service  
   34.     Service of family violence safety notice  
   35.     Explanation of family violence safety notice  
   36.     Accommodation  
   37.     Contravention of family violence safety notice  
   38.     Arrest for contravention of family violence safety notice  
   39.     Family violence intervention order prevails over family violence safety notice  
   40.     Reports  
   41.     Expiry of Division  

   PART 4--FAMILY VIOLENCE INTERVENTION ORDERS

           Division 1--Application for family violence intervention order

   42.     Where application for family violence intervention order may be made  
   43.     How application is to be made  
   44.     Application may be made by electronic communication after hours or in remote areas  
   45.     Who may apply for family violence intervention order  
   46.     Application for leave  
   47.     Application for protection of child may be included in application for protection of child's parent  
   48.     Service of application  
   49.     Registrar may issue summons on application for family violence intervention order  
   50.     Magistrate or registrar may issue warrant on certain applications for family violence intervention orders  
   51.     Application on oath, by affidavit or certified if warrant to issue  
   52.     Bail on appearance on arrest  

           Division 2--Interim orders

   53.     Court may make interim order  
   54.     Interim order may be made in absence of respondent etc.  
   55.     Application to be supported by oral evidence or affidavit unless requirement waived  
   56.     Interim order may apply to more than one affected family member  
   57.     Explanation of interim order  
   58.     Interim order made on electronic application  
   59.     Hearing to be listed for decision about final order as soon as practicable  
   60.     Expiry of interim order  

           Division 3--Proceedings for family violence intervention orders

   61.     Mention date  
   62.     Legal representation of a child who is not applicant or respondent  
   63.     Hearing may relate to more than one application  
   64.     Affected family member to be heard separately if application made by guardian  
   65.     Evidence  
   66.     Evidence may be given by affidavit or sworn statement  
   67.     Evidence given by children  
   68.     Court may close proceeding to public  
   69.     Alternative arrangements for proceeding  
   70.     Special rules for cross-examination of protected witnesses  
   71.     Representation of respondent  
   72.     Representation of applicant  
   73.     Expert evidence about family violence  
   74.     Power of court to make final order  
   75.     Power to make final order if affected family member has not consented to application  
   76.     Associated final orders  
   77.     Protection of children on court's own initiative  
   78.     Consent orders  

           Division 5--Conditions of family violence intervention orders

   79.     Definition  
   80.     Safety of affected person and children paramount in deciding conditions  
   81.     Conditions to be included in family violence intervention order  
   82.     Exclusion of respondent from residence  
   83.     Exclusion of child respondent from residence  
   84.     Court may ask Secretary for report for purposes of section 83  
   85.     Excluded person to provide new address  
   86.     Conditions about personal property  
   87.     Relationship with orders made by Family Court and other courts  
   88.     No effect on ownership rights  
   89.     Court to enquire as to whether any other relevant orders for child  
   90.     Variation of relevant Family Law Act order  
   91.     Decision about contact with child  
   92.     Conditions about arrangements for contact with child if not Family Law Act order  
   93.     Condition prohibiting contact with child  
   94.     Court to enquire about firearms and weapons  
   95.     Suspension or cancellation of firearms authority etc.  

           Division 6--Explanation of final order

   96.     Explanation of final order  

           Division 7--Duration of final order

   97.     Court may specify period for which order in force  
   98.     Period for which order remains in force if respondent a child  
   99.     Duration of order  

           Division 8--Variation, revocation and extension of family violence intervention orders

              Subdivision 1--Variation
              and revocation of family violence intervention orders

   100.    Power of court to vary or revoke family violence intervention order  
   101.    Court may make interim order on application for variation of family violence intervention order  
   102.    Additional protection in varying or revoking orders  
   103.    Continuing protection of protected person who is a child  
   104.    Protection for children who have become family members since order made  
   105.    Further application for variation etc. of order in respect of child  
   106.    Power of court to extend final order  
   107.    Interim extension order  
           Subdivision
           3--Application to vary, revoke or extend family violence intervention
           order
   108.    Who may apply to vary, revoke or extend family violence intervention order  
   109.    Application made by respondent for variation or revocation of family violence intervention order  
   110.    Application made by police officer  
   111.    Consent required if applicant is not protected person, guardian, respondent or police officer  
   112.    Protected person's views to be heard separately in certain circumstances  

              Subdivision 4--Service
              of applications for variations, revocations or extensions of
              orders

   113.    Persons on whom application must be served  

           Division 9--Appeals and rehearings

              Subdivision 1--Appeals
              to County Court and Supreme Court

   114.    Who may appeal  
   115.    Court to which appeal must be made  
   116.    Notice of appeal  
   117.    Stay of relevant decision  
   118.    Appeals not to commence if certain persons object  
   119.    Conduct of appeal  
   120.    No further appeal  
   121.    Application of certain Acts to appeals  
           Subdivision
           2--Rehearings
   122.    Rehearing of certain proceeding  

           Division 10--Contravention of family violence intervention order

   123.    Offence for contravention of family violence intervention order  
   124.    Arrest for contravention of family violence intervention order  
   125.    Protected person not guilty of an offence under section 52 of Magistrates' Court Act 1989  

   PART 5--COUNSELLING ORDERS

           Division 1--Preliminary

   126.    Definition  
   127.    Object of Part  
   128.    Application of Part  

           Division 2--Orders to assess eligibility for and to attend counselling

   129.    Order to assess eligibility for counselling  
   130.    Order to attend counselling  
   131.    Effect of appeal against final order  

           Division 3--Procedures relating to counselling orders

   132.    Notice of hearings  
   133.    Approval of persons and of counselling  
   134.    Person giving report may be required to attend hearing  
   135.    Disputed report  
   136.    Explanation of counselling orders  
   137.    Variation or revocation of counselling orders  
   138.    Service of counselling orders, eligibility report etc.  
   139.    Certificate of respondent's non attendance  
   140.    Confidentiality of eligibility interview and report  
   141.    Confidentiality of counselling  
   142.    Limited use of information by court  
   143.    Authorisation to collect health information  
   144.    Delegation  

   PART 6--JURISDICTION OF COURTS AND PROCEEDINGS

           Division 1--Jurisdiction of courts

   145.    Definitions  
   146.    Jurisdiction of courts if affected family member, protected person or respondent a child  
   147.    Jurisdiction of Children's Court to deal with related applications  
   148.    Transfer of applications  
   149.    Jurisdiction to revoke, vary or extend orders  

           Division 2--Provisions about proceedings under this Act

   150.    Restriction on presence of children  
   151.    Adjournment to seek legal advice  
   152.    Applicant who is police officer may be represented by another police officer  
   153.    Certification  
   154.    Costs  
   155.    Concurrent criminal proceedings  
   156.    Family violence intervention order against carer  

   PART 7--ENFORCEMENT POWERS

   157.    Entry and search of premises  
   158.    Surrender of firearms and weapons  
   159.    Power of police officer to search premises for firearms etc. without warrant  
   160.    Warrants to search premises and vehicles  
   161.    Announcement before entry  
   162.    Copy of the warrant to be given to occupier  
   163.    Seizure of firearms etc.  
   164.    Effect of seizure of firearm, weapon or other article if final order made against person  
   165.    Effect of seizure of firearm, weapon or other article if no final order etc.  

   PART 8--RESTRICTION ON PUBLICATION OF PROCEEDINGS

   166.    Restriction on publication of proceeding in Magistrates' Court  
   167.    Exception to restriction on publication  
   168.    Identifying particulars  
   169.    Court may allow publication of particulars or picture  

   PART 9--RELATIONSHIP WITH OTHER ACTS

   170.    Application of Magistrates' Court Act 1989 and rules  
   171.     Relationship with Firearms Act 1996 and Control of Weapons Act 1990  
   172.    Application of principles under Children, Youth and Families Act 2005 to decisions under this Act  
   173.    Family violence intervention orders prevail over child protection orders  
   174.    Notice to be given to Secretary to Department of Human Services  
   175.    Bail conditions prevail over child protection order  
   176.    Relationship with Family Court orders  

   PART 10--INTERSTATE AND NEW ZEALAND ORDERS

           Division 1--Interstate orders

   177.    Registration of corresponding interstate orders  
   178.    Notice to be given of registration of corresponding interstate orders  
   179.    Registered corresponding interstate orders may be enforced as final orders  
   180.    Variation, extension or revocation of corresponding interstate order by interstate court  
   181.    Variation, extension or revocation of corresponding interstate order by Victorian Court  
   182.    Notice of proposed variation, extension or revocation of corresponding interstate order  
   183.    Notice to be given of variation, extension or revocation of corresponding interstate order  

           Division 2--Corresponding New Zealand Orders

   184.    Registration of corresponding New Zealand orders  
   185.    Notice to be given of registration of corresponding New Zealand orders  
   186.    Effect of registration of corresponding New Zealand orders  
   187.    Variation, revocation or extension of corresponding New Zealand order  

   PART 11--VEXATIOUS LITIGANTS

   188.    Constitution of court  
   189.    Who may apply for order that person is a vexatious litigant  
   190.    Attorney-General may request documents from courts  
   191.    Notice of application by Attorney-General to be served on protected person  
   192.    Notice of application to be served on person proposed to be declared vexatious litigant  
   193.    Order declaring person to be vexatious litigant  
   194.    Leave to make an application under this Act  
   195.    Appeal against order declaring person to be vexatious litigant  
   196.    Application for leave to appeal under Division 9 of Part 4 by vexatious litigant  
   197.    Court may vary, set aside or revoke  
   198.    Attorney-General to publish copy of order in Government Gazette  
   199.    Notice of order to be served on courts  
   200.    Annual report  

   PART 12--SERVICE OF DOCUMENTS

   201.    Service of family violence intervention orders  
   202.    Manner of service  
   203.    Proof of service  
   204.    Inability to serve document  
   205.    Person may cause document to be served  
   206.    Certificate of service  
   207.    Disclosure of information by organisations  

   PART 13--MISCELLANEOUS

           Division 1--Jurisdiction of Supreme Court

   208.    Supreme Court—limitation of jurisdiction  

           Division 2--Rule-making power

   209.    Rules of court and practice directions for Magistrates' Court  
   210.    Rules of court and practice directions for Children's Court  

           Division 3--Regulations

   211.    Regulation making power  

   PART 14--REPEAL, TRANSITIONAL AND VALIDATION PROVISIONS

           Division 1--Repeal

   212.    Repeal of Crimes (Family Violence) Act 1987  

           Division 2--Transitional provisions

   213.    Definitions  
   214.    References to repealed Act  
   215.    Intervention orders  
   216.    Interim intervention orders  
   217.    Counselling orders  
   218.    Applications  
   219.    Proceedings  
   220.    Interim intervention order  
   221.    Acts committed before commencement day relevant  
   222.    Protection for protected person applies to acts committed before commencement day  
   223.    Interstate and New Zealand orders  

           Division 3--Validation provision

   224.    Validation of certain interstate orders  

           Division 1--Amendment of Family Violence Protection Act 2008

   225.    Definition  
   226.    Appeals  
   227.    Stay of relevant decision  
   228.    Part 5 repealed  
   229.    Jurisdiction to revoke, vary or extend orders  
   230.    Concurrent criminal proceedings  
   231.    Transitional  

           Division 2--Consequential amendment of Magistrates' Court Act 1989

   232.    Jurisdiction of Family Violence Court Division  

   PART 16--CONSEQUENTIAL AMENDMENTS

   233.    Entitlement to bail  

           Division 2--Amendments to the Children, Youth and Families Act 2005

   234.    Definition of child  
   235.    Definition of proper venue  
   236.    Jurisdiction of Family Division  
   237.    Jurisdiction of Neighbourhood Justice Division  

           Division 3--Amendments to the Corrections Act 1986

   238.    Information given to victim  
   239.    Inclusion on the victim's register  
   240.    Home detention  
   241.    Contents of home detention assessment report  

           Division 4--Amendment to the Crimes Act 1958

   242.    Stalking  

           Division 5--Amendments to the Evidence Act 1958

   243.    Alternative arrangements for giving evidence  
   244.    Cross-examination of protected witnesses  

           Division 6--Amendments to the Firearms Act 1996

   245.    Definition  
   246.    Power of Chief Commissioner to cancel licence under this Part  
   247.    Surrender of firearms and licence document  
   248.    Applicant to be deemed not to be prohibited person  
   249.    New section 213 inserted  

           Division 7--Amendment to the Health Records Act 2001

   250.    Definition  

           Division 8--Amendments to the Magistrates' Court Act 1989

   251.    Definitions  
   252.    Koori Court Division  
   253.    Family Violence Court Division  
   254.    Neighbourhood Justice Division  
   255.    Amendment to Schedule 2  

           Division 9--Amendment to the Police Regulation Act 1958

   256.    Reportable offences  

           Division 10--Amendments to the Residential Tenancies Act 1997

   257.    Definitions  
   258.    Locks  
   259.    New section 70A inserted  
   260.    Grounds for entry of rented premises  
   261.    What must be in a notice of entry?  
   262.    New sections 233A to 233D inserted  
   263.    Reduction of fixed term tenancy agreement  
   264.    Service of documents  

           Division 11--Amendments to the Sentencing Act 1991

   265.    Home detention  
   266.    Contents of home detention assessment report  

           Division 12--Amendments to the Victims' Charter Act 2006

   267.    Definitions  

           Division 13--Amendments to the Victorian Civil and Administrative Tribunal Act 1998

   268.    New clause 62A of Schedule 1  
   269.    New clauses 73A and 73B of Schedule 1  
   270.    Person working with closely related child  

           Division 15--Repeal of the Magistrates' Court (Family Violence) Act 2004

   271.    Repeal of Act  

           Division 16 --Repeal of Part 16 of the Family Violence Protection Act 2008

   272.    Repeal of Part 16  
           ENDNOTES