Victorian Numbered Acts Victorian Numbered Acts(1) For sections 78(1) and 78(2) of the Family Violence Protection Act 2008 substitute —
"(1) If the parties to a proceeding for a final order, or the variation, extension or revocation of a final order, consent to the making of the order or do not oppose the making of the order, the court may make the order—
(a) without being satisfied as to any matter referred to in—
(i) section 74 or 76; or
(ii) in the case of a proceeding for a variation, revocation or extension of a final order, section 100 or 106; and
(b) whether or not the respondent admits to any or all of the particulars of the application.
(2) However, if the respondent is a child the court may—
(a) make a final order to which the parties consent or have not opposed only if the court is satisfied as to all relevant matters referred to in section 74 or 76; or
(b) in the case of a proceeding for a variation, revocation or extension of a final order, make an order varying, revoking or extending the final order to which the parties consent or have not opposed only if the court is satisfied as to all relevant matters referred to in section 100 or 106.".
(2) In section 78(3) of the Family Violence Protection Act 2008 , after "family violence intervention order" insert "or for the variation, revocation or extension of the family violence intervention order".
(3) In section 78(4) of the
Family Violence Protection Act 2008 ,
after "final order" insert
"or varying, revoking or extending a final order".
(4) In section 78(5) of the Family Violence Protection Act 2008 , for "final order" substitute "final order, or an order varying, revoking or extending a final order,".
(5) At the end of section 78 of the Family Violence Protection Act 2008 insert —
"(7) Sections 102, 103, 104 and 105 continue to apply in relation to any children of the affected family member or the respondent, whether or not the court decides to make an order varying, revoking or extending a final order under subsection (1).".