Victorian Current Acts

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      How purposes are to be achieved  
   3.      Commencement  

   PART 2--INTERPRETATION

   4.      Definitions  
   5.      Meaning of prohibited behaviour  
   6.      Meaning of assault and sexual assault  
   7.      Meaning of harassment  
   8.      Meaning of property damage or interference  
   9.      Meaning of serious threat  
   10.     Meaning of stalking  
   11.     Act not to apply to certain conduct  

   PART 3--APPLICATIONS FOR PERSONAL SAFETY INTERVENTION ORDERS

           Division 1--Applications for personal safety intervention orders

   12.     Where application for personal safety intervention order may be made  
   13.     How application is to be made  
   15.     Who may apply for personal safety intervention order  
   16.     Application for leave  
   16A.    Registrar must refuse to accept application  
   17.     Application for protection of child may be included in application for protection of child's parent  
   18.     Applications against children aged under 10 years  
   19.     Service of application  
   20.     Registrar may issue summons on application for personal safety intervention order  
   21.     Magistrate or registrar may issue warrant on certain applications for personal safety intervention orders  
   22.     Application by affidavit or certified if warrant to issue  
   23.     Bail on appearance on arrest  

           Division 2--Mediation

   24.     Definitions  
   25.     Court official may provide mediation information  
   25A.    Dispute Settlement Centre of Victoria may request mediation information  
   26.     Court may give mediation directions  
   27.     Where personal safety intervention order would prevent mediation occurring  
   28.     Mediation assessment certificate  
   29.     Conduct of mediation assessment  
   30.     Mediation certificates  
   31.     Mediator must terminate mediation if no longer suitable  
   32.     No contempt or offence for lack of attendance at assessment or mediation  
   33.     Court may take certificates and lack of attendance into account when making orders  
   34.     Attorney-General may issue guidelines for mediation assessment and mediation  

           Division 3--Interim orders

   35.     Court may make interim order  
   36.     Interim order where existing family violence intervention order  
   37.     Interim order may be made in absence of respondent etc.  
   38.     Application to be supported by oral evidence or affidavit unless requirement waived  
   39.     Interim order may apply to more than one affected person  
   40.     Explanation of interim order  
   41.     Interim order made on electronic application by police  
   42.     Hearing to be listed for decision about final order as soon as practicable  
   43.     Expiry of interim order  

           Division 4--Proceedings for personal safety intervention orders

   44.     Mention date  
   45.     Hearing may relate to more than one application  
   46.     Circumstances where affected person to be heard separately  
   47.     Evidence  
   48.     Evidence may be given by affidavit or sworn or affirmed statement  
   49.     Evidence given by children  
   50.     Court may issue warrant to arrest for witness who fails to appear  
   51.     Court may close proceeding to public  
   52.     Alternative arrangements for proceeding  

           Division 5--Assessment reports in proceedings in the Children's Court

   53.     Children's Court may order assessment of respondent or affected person  
   54.     Notification of requirement to submit assessment report  
   55.     Warning to be given to persons being interviewed  
   56.     Disputed report  
   57.     Content of assessment report  
   58.     Secretary to forward report to Children's Court  
   59.     Attendance at court of author of assessment report  
   60.     Confidentiality of assessment reports  

           Division 6--Making final orders

   61.     Power of court to make final order  
   62.     No final order if existing family violence intervention order  
   63.     Power to make final order if affected person has not consented to application or order—police applicants  
   64.     Consent orders  

           Division 7--Conditions on personal safety intervention orders

   65.     Definition  
   66.     Court to consider possibility of mediation in deciding conditions  
   67.     Conditions to be included in a personal safety intervention order  
   68.     Court to enquire about firearms and weapons  
   69.     Suspension or cancellation of firearms authority etc.  
   70.     Excluded person to provide new address  
   71.     Exclusion of child respondent from residence  
   72.     Court may ask Secretary to Department of Human Services for report  
   73.     Meaning of training  
   74.     Court to consider whether conditions may prevent respondent attending school  
   75.     Court may request report from Department of Education and Early Childhood Development  

           Division 8--Explanation of final order

   76.     Explanation of final order  

           Division 9--Duration of final order

   77.     Court may specify period for which order in force  
   78.     Period for which order remains in force if respondent a child  
   79.     Duration of order  

           Division 10--Variation, revocation and extension of personal safety intervention orders

   80.     Power of court to vary or revoke personal safety intervention order  
   81.     Court may make interim order on application for variation of personal safety intervention order  

           Division 1--applies to applications for variations, revocations or extensions of personal safety intervention orders. See the definition of personal safety intervention order in section 4.

   82.     Additional protection in varying or revoking orders  
   83.     Power of court to extend final order  
   84.     Interim extension order  
   85.     Who may apply to vary, revoke or extend personal safety intervention order  
   86.     Application made by respondent for variation or revocation of personal safety intervention order  
   87.     Application made by police officer  
   88.     Consent required if applicant is not protected person, guardian, respondent or police officer  
   89.     Protected person's views to be heard separately in certain circumstances  
   90.     Persons on whom application must be served  

           Division 11--Appeals and rehearings

   91.     Who may appeal  
   92.     Court to which appeal must be made  
   93.     Notice of appeal  
   94.     Stay of relevant decision  
   95.     Appeals not to commence if certain persons object  
   96.     Conduct of appeal  
   97.     No further appeal  
   98.     Application of certain Acts to appeals  
   99.     Rehearing of certain proceeding  

           Division 12--Contravention of personal safety intervention order

   100.    Offence for contravention of personal safety intervention order  
   101.    Arrest for contravention of personal safety intervention order  

   PART 4--JURISDICTION OF COURTS AND PROCEEDINGS

           Division 1--Jurisdiction of courts

   102.    Definitions  
   103.    Jurisdiction of courts if affected person, protected person or respondent is a child  
   104.    Jurisdiction of Children's Court to deal with related applications  
   104A.   Jurisdiction of Children's Court to deal with applications related to child protection proceedings  
   105.    Transfer of applications  
   106.    Jurisdiction to revoke, vary or extend orders  

           Division 2--Provisions about proceedings under this Act

   107.    Restriction on presence of children  
   108.    Adjournment to seek legal advice  
   109.    Applicant who is police officer may be represented by another police officer  
   110.    Certification  
   110A.   Offence to make false declaration of truth  
   111.    Costs  
   112.    Concurrent criminal proceedings  
   113.    Personal safety intervention order against carer  

   PART 5--ENFORCEMENT POWERS

   113A.   Definitions  
   114.    Entry and search of premises  
   115.    Surrender of firearms and weapons  
   116.    Power of police officer to search premises for firearms etc. without warrant  
   116A.   Applications for interstate orders—additional requirements for direction or search without warrant  
   117.    Warrants to search premises and vehicles  
   118.    Announcement before entry  
   119.    Copy of the warrant to be given to occupier  
   120.    Seizure of firearms etc.  
   121.    Effect of surrender or seizure of firearm, weapon or other article if final order made against person  
   122.    Effect of surrender or seizure of firearm, weapon or other article if no final order etc.  

   PART 6--RESTRICTION ON PUBLICATION OF PROCEEDINGS

   123.    Restriction on publication of proceeding in Magistrates' Court  
   124.    Exception to restriction on publication  
   125.    Identifying particulars  
   125A.   Court may allow publication of locality, particulars or picture  

   PART 7--RELATIONSHIP WITH OTHER ACTS

   126.    Application of Magistrates' Court Act 1989 and rules  
   127.     Relationship with Firearms Act 1996 and Control of Weapons Act 1990  
   128.    Application of principles under Children, Youth and Families Act 2005 to decisions under this Act  
   129.    Personal safety intervention orders prevail over child protection orders  
   130.    Notice to be given to Secretary to Department of Human Services  
   130A.   Relationship with certain orders under the Sentencing Act 1991  

   PART 8--RELATIONSHIP WITH FAMILY VIOLENCE PROTECTION ACT 2008

           Division 1--General

   132.    Definitions  
   133.    Concurrent applications may be heard together  
   134.    Family violence intervention order to prevail  

           Division 2--Certain applications under Family Violence Protection Act 2008 to be heard under this Act where parties are not family members

           Division 2--of Part 9A of the Family Violence Protection Act 2008 provides for applications for personal safety intervention orders to be heard under that Act as applications for family violence intervention orders where the court determines that the parties are family members.

   135.    Application of Division  
   136.    Court may determine parties to application for family violence intervention order are not family members  
   137.    No further determination if determination made by County Court or Supreme Court  
   138.    Effect of determination under section 136(2)(b)—general  
   139.    Search warrants issued under Family Violence Protection Act 2008  
   140.    Firearms etc seized or surrendered under Family Violence Protection Act 2008  
   141A.   Determination where proceeding in Specialist Family Violence Court Division  
   142.    Existing interim family violence intervention order must be revoked  
   143.    Determination made on application to vary existing interim family violence intervention order  
   144.    Determination made on application to revoke existing interim family violence intervention order  
   145.    Determination made when hearing application for final family violence intervention order  
   146.    Revocation of interim family violence intervention order under this Division  
   147.    Applications for associated final orders under Family Violence Protection Act 2008  
   148.    Explanation of determination  

   PART 9--INTERSTATE AND NEW ZEALAND ORDERS

           Division 1--Interstate orders

   149.    Registration of corresponding interstate orders  
   150.    Notice to be given of registration of corresponding interstate orders  
   151.    Registered corresponding interstate orders may be enforced as final orders  
   152.    Variation, extension or revocation of corresponding interstate order by interstate court  
   153.    Variation, extension or revocation of corresponding interstate order by Victorian Court  
   154.    Notice of proposed variation, extension or revocation of corresponding interstate order  
   155.    Notice to be given of variation, extension or revocation of corresponding interstate order  

           Division 2--Corresponding New Zealand Orders

   156.    Registration of corresponding New Zealand orders  
   157.    Notice to be given of registration of corresponding New Zealand orders  
   158.    Effect of registration of corresponding New Zealand orders  
   159.    Variation, revocation or extension of corresponding New Zealand order  

   PART 11--SERVICE OF DOCUMENTS

   174.    Service of personal safety intervention orders  
   175.    Copy of personal safety intervention order may be given to school  
   176.    Manner of service  
   177.    Proof of service  
   178.    Inability to serve document  
   179.    Person may cause document to be served  
   180.    Certificate of service  
   181.    Disclosure of information by organisations  

   PART 12--MISCELLANEOUS

   182.    Supreme Court—limitation of jurisdiction  
   183.    Rules of court and practice directions for Magistrates' Court  
   184.    Rules of court and practice directions for Children's Court  
   184A.   Validation of certain applications  
   185.    Regulation making power  

   PART 13--REPEAL OF STALKING INTERVENTIONORDERS ACT 2008 AND TRANSITIONAL PROVISIONS

           Division 1--Repeal of Stalking Intervention Orders Act 2008

   186.    Repeal of Stalking Intervention Orders Act 2008  

           Division 2--Transitional provisions

   187.    Definitions  
   188.    Final orders  
   189.    Interim orders  
   190.    Applications for intervention orders  
   191.    Proceedings  
   192.    Interstate and New Zealand orders  
   193.    Acts committed before commencement day relevant  
   194.    Directions under the repealed Act to surrender firearms  
   195.    Search warrants issued under repealed Act  
   196.    Police complainants and police prosecutors—Crimes (Family Violence) Act 1987  

           Division 3--Children, Youth and Families Amendment Act 2013

   197.    Transitional provision—Children, Youth and Families Amendment Act 2013  

           Division 4--Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

   198.    Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018  

           Division 4--Justice Legislation Miscellaneous Amendment Act 2018
           ENDNOTES