police officer intends to make an application for a personal safety intervention order; and police officer is seeking an interim order until the final order may be determined; and application is made before 9 a.m. or 5 p.m. on a weekday, or is made on a Saturday, Sunday or a public holiday; or (ii) the distance from the nearest venue of the court where the court is sitting is so great that it is impracticable to make the application in person. (2) The application may be made by telephone, fax or electronic communication. (3) Before applying by telephone, fax or other electronic communication, the police officer must complete an application, that is made on oath or by affidavit or is certified, that sets out— grounds on which the personal safety intervention order is sought; and reason an interim order is sought until the final order may be decided. (4) The application completed under subsection (3) must be filed by the police officer with the court before the first mention date for the application. 15 Who may apply for personal safety intervention order
for alternative education or training for the respondent; information that may assist the court in assessing whether a condition referred to in subsection (1) would prevent the respondent attending the school. (2) For the purposes of subsection (1)(b), information means information— is held by the Department of Education and Early Childhood Development; or has been provided to the Department of Education and Early Childhood Development under the Education and Training Reform Act 2006; or is held by a Government school (within the meaning of the Education and Training Reform Act 2006). (3) If the Secretary to the Department of Education and Early Childhood Development receives a request under subsection (1), the Secretary must give the report to the court in the period ordered by the court or, if no period is ordered, within the prescribed time. (4) To doubt, nothing in this section allows or requires a report requested under subsection (1) to contain information about the appropriateness of making the personal safety intervention order. Division 8—Explanation of final order 76 Explanation of final order s. 76
personal safety intervention order may be varied only to include conditions referred to in section 67(2)(a), (b), (f), (g) or (h); and personal safety intervention order may be extended if the order is only subject to conditions referred to in paragraph (a); and must not be removed from the intervention order. 89 Protected person's views to be heard separately in certain circumstances (1) This section applies if— application for a variation, revocation or extension of a personal safety intervention order is made— a parent or other person with the parent's consent in respect of a protected person who is a child; or (ii) by a protected person's guardian or other person with the guardian's consent in respect of a protected person; or (iii) by a police officer; and protected person objects to the application. Note In relation to resolving an issue between the guardian and the affected person, see sections 30 and 61 of the Guardianship and Administration Act 1986. Section 30
Act applies as if— reference in the application to an affected family member were a reference to an affected person; and (ii) a reference in the application to family violence were a reference to prohibited behaviour or stalking; and may make any orders that it may make in respect of an application for a personal safety intervention order under this Act; and that has been done under the Family Violence Protection Act 2008 in relation to the application or the proceeding for the application is, to the extent possible, taken to have been done under this Act. (2) This section applies whether or not the application for a family violence intervention order was made by issue of a family violence safety notice. (3) Without limiting subsection (1)(c)— summons issued under section 49 of the Family Violence Protection Act 2008 is taken to be a summons issued under section 20 of this Act; and warrant to arrest issued under section 50 or 67A of the Family Violence Protection Act 2008 is taken to be a warrant issued under section 21 or 50 of this Act; and
Violence) Act 1987 by the person" substitute "by the person under this Act, the Crimes (Family Violence) Act 1987, the Personal Safety Intervention Orders Act 2010 or the Stalking Intervention Orders Act 2008". 218 Order declaring person to be vexatious litigant (1) For section 193(1) of the Family Violence Protection Act 2008 substitute— "(1) The court may, after hearing or giving the person an opportunity to be heard, make an order declaring the person to be a vexatious litigant if it is satisfied the person has habitually, persistently and without any reasonable ground instituted proceedings against the same person under any one or more of the following Acts— Act; Personal Safety Intervention Orders Act 2010; Stalking Intervention Orders Act 2008 (as in force immediately before its repeal); Crimes (Family Violence) Act 1987 (as in force immediately before its repeal). Example The person has persistently and without any reasonable grounds done any of the following—
Family Violence Protection Amendment (Safety Notices) Act 2011, No. 16/2011 Assent Date: 31.5.11 Commencement Date: Ss 8, 9 on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 : This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes Explanatory Details No entries at date of publication. Endnotes