Victorian Current Acts Victorian Current Acts(1) If the applicant for the variation or extension of a personal safety intervention order is a police officer, the application may be made without the consent of the protected person.
S. 87(2) amended by No. 16/2011 s. 9(1).
(2) However, if the protected person does not consent to the variation or extension of the personal safety intervention order—
(a) the personal safety intervention order may be varied only to include conditions referred to in section 67(2)(a), (b), (f), (g) or (h); and
(b) the personal safety intervention order may be extended if the order is only subject to conditions referred to in paragraph (a); and
(c) conditions must not be removed from the personal safety intervention order.
(3) Subsection (2) does not apply if—
S. 87(3)(a) substituted by No. 16/2011 s. 9(2).
(a) the protected person is a child and—
(i) no adult is protected by the personal safety intervention order; or
(ii) the adult protected by the personal safety intervention order consents to the variation or extension of the order; or
(b) the protected person has a guardian and the guardian has consented to the application; or
(c) the protected person is cognitively impaired.
(4) To avoid doubt, it is declared that a police officer is not obliged, if asked by the protected person, to make an application for the variation or revocation of a personal safety intervention order or the extension of a final order.