Victorian Numbered Acts

NATIONAL DOMESTIC VIOLENCE ORDER SCHEME ACT 2016 (NO. 53 OF 2016) - SECT 77

For Part 10 of the Family Violence Protection Act 2008 substitute —

" Part 10—Corresponding New Zealand orders

        177     Registration of corresponding New Zealand orders

The appropriate registrar may register a corresponding New Zealand order in the court.

Note

A corresponding New Zealand order registered under this section is enforceable against the respondent in Victoria—see sections 7, 10 and 15 of the National Domestic Violence Order Scheme Act 2016 .

        178         Notice to be given of registration of corresponding New Zealand orders

    (1)     As soon as practicable after registering a corresponding New Zealand order, the appropriate registrar must—

        (a)     give notice of the registration of the order to—

              (i)     the court that made the order; and

              (ii)     the person for whose protection the order was made; and

        (b)     give a copy of the order to the Chief Commissioner of Police and the Secretary to the Department of Health and Human Services.

    (2)     In addition, the appropriate registrar may list the matter before the court for decision as to whether or not a copy of the registered corresponding New Zealand order must be served on the respondent for the New Zealand order at the respondent's last known address.

    (3)     If the registrar lists a matter before the court under subsection (2) the court must make an order as to whether or not a copy of the registered corresponding New Zealand order must be served on the respondent.

    (4)     However, the court may make an order under subsection (3) only if, after hearing from the person for whose protection the registered corresponding New Zealand order was made, the court is satisfied that revealing that the person is in Victoria would not jeopardise the safety of the person or any children of the person.

    (5)     If the court makes an order under subsection (3) the court must arrange for the registered corresponding New Zealand order to be served on the respondent.

        179     Variation, extension or revocation by New Zealand Court has no effect

If a registered corresponding New Zealand order is varied, extended or revoked by a court of New Zealand or a person or authority as authorised by a law of New Zealand, that variation, extension or revocation has no effect in Victoria.

        180         Variation, extension or revocation of registered corresponding New Zealand order by Victorian Court

    (1)     The court, on the application of a relevant person, may—

        (a)     vary the registration of a registered corresponding New Zealand order as it applies in Victoria; or

        (b)     extend the period during which a registered corresponding New Zealand order has effect in Victoria; or

        (c)     revoke the registration of a registered corresponding New Zealand order.

    (2)     In this section—

"relevant person", in relation to a registered corresponding New Zealand order, means—

        (a)     a person for whose protection the order has been made; or

        (b)     the respondent; or

        (c)     a police officer; or

        (d)     a person who has been granted leave by the court to make an application in respect of the order.

        181     Notice of proposed variation, extension or revocation of registered corresponding New Zealand order

    (1)     The registration of a registered corresponding New Zealand order is not to be varied, extended or revoked under this Part on the application of a person other than the respondent, unless notice of the application has been served on the respondent.

    (2)     The registration of a registered corresponding New Zealand order is not to be varied or revoked on the application of the respondent unless notice of the application has been served on the person for whose protection the order was made.

        182     Notice to be given of variation, extension or revocation of registered corresponding New Zealand order

If the court varies, extends or revokes the registration of a registered corresponding New Zealand order, the appropriate registrar must give notice of the variation, extension or revocation to—

        (a)     the court that made the order; and

        (b)     the Chief Commissioner of Police; and

        (c)         the Secretary to the Department of Health and Human Services.".