Victorian Current Acts

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 38

    (1)     The court must not make an interim order, other than an order referred to in section 35(2), unless—

        (a)     the application is supported by oral evidence or an affidavit; or

S. 38(1)(b) amended by No. 33/2018 s. 74(1).

        (b)     the court waives the requirement under paragraph (a).

S. 38(1A) inserted by No. 33/2018 s. 74(2).

    (1A)     The court may waive the requirement that the application be supported by oral evidence or an affidavit if the applicant is a police officer and the application is made by electronic communication—

        (a)     provided that the court has considered whether it is practicable to obtain oral evidence or an affidavit before making the interim order; or

        (b)     the application is made before 9 a.m. or after 5 p.m. on a weekday or on a Saturday, Sunday or a public holiday and the application was certified in accordance with section 13(2).

    (2)     Nothing in subsection (1)(a) obliges the affected person to give evidence before the interim order is made.