protected person means a person who is protected by a family violence intervention order or a family violence safety notice or a recognised DVO; S. 4 def. of publish substituted by No. 77/2014 s. 3(3). publish means disseminate or provide access to the public or a section of the public by any means, including by— in a book, newspaper, magazine or other written publication; or by radio or television; or exhibition; or or electronic communication— and publication must be construed accordingly; S. 4 def. of recognised DVO inserted by No. 53/2016 s. 41(a). recognised DVO means— interstate DVO made in a participating jurisdiction; or interstate DVO or a foreign order taken to be a recognised DVO under section 36(1) of the National Domestic Violence Order Scheme Act 2016; or foreign order that is a registered foreign order in any participating
other matter that the Children's Court directs to be included. S. 73F inserted by No. 18/2010 s. 21. 73F Secretary to forward report to Children's Court (1) If the Children's Court orders the Secretary to submit an assessment report to the court, he or she must do so within 21 days and not less than 3 working days before the hearing. (2) If the Secretary is of the opinion that information contained in the report will be or may be prejudicial to the physical or mental health of the person who is the subject of the report, the Secretary may forward a statement to the Children's Court to that effect with the report. S. 73G inserted by No. 18/2010 s. 21. 73G Attendance at court of author of assessment report (1) The author of an assessment report ordered under section 73A may be required to attend to give evidence at the hearing of the proceeding by a notice given in accordance with subsection (2) by— person in respect of whom the report has been prepared; or the leave of the court, a party to the proceeding; or Children's Court.
person who, under section 45, would be entitled to make an application for a family violence intervention order for the associate if the associate were an affected family member. (5) In this section— associated final order means a final order made under this section; original final order means a final order referred to in subsection (1)(a) or (2)(a). 77 Protection of children on court's own initiative (1) Before making a final order under section 74 or 76, the court must consider whether there are any children who are family members of the affected family member or the respondent who have been subjected to family violence committed by the respondent. (2) If the court is satisfied, on the balance of probabilities, that a child who is a family member of the affected family member or the respondent has been subjected to family violence committed by the respondent and is likely again to be subjected to family violence committed by the respondent, the court may, on its own initiative— the child's need for protection is substantially the same as that of the affected family member—include the child as a protected person in making the order under section 74 or 76; or
S. 176C(2) inserted by No. 53/2016 s. 76(2). (2) A recognised DVO made by a court of any jurisdiction prevails to the extent of any inconsistency with a personal safety intervention order. S. 176C(3) inserted by No. 53/2016 s. 76(2). (3) A variation or an extension of a recognised DVO by a court of any jurisdiction prevails to the extent of any inconsistency with a personal safety intervention order. Division 2—Certain applications under Personal Safety Intervention Orders Act 2010 to be heard under this Act where parties are family members Note Division 2 of Part 8 of the Personal Safety Intervention Orders Act 2010 provides for applications for family violence intervention orders to be heard under that Act as applications for personal safety intervention orders where the court determines that the parties are not family members. S. 176D inserted by No. 53/2010 s. 215. 176D Application of Division This Division does not apply to the following—
Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010, No. 18/2010 Assent Date: 18.5.10 Commencement Date: Ss 17–37 on 1.7.10: Government Gazette 1.7.10 p. 1359 Current State: This information relates only to the provision/s amending the Family Violence Protection Act 2008 Justice Legislation Amendment Act 2010, No. 30/2010 Assent Date: 8.6.10 Commencement Date: Ss 81–83 on 1.1.11: Government Gazette 28.10.10 p. 2583 Current This information relates only to the provision/s amending the Family Violence Protection Act 2008 Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: Ss 197–209 on 1.12.10: Government Gazette 14.10.10 p. 2405; ss 210–220 on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 Current This information relates only to the provision/s amending the Family Violence Protection Act 2008 Bail Amendment Act 2010, No. 70/2010 Assent Date: 19.10.10 Commencement Date: S. 38 on 1.1.11: s. 2(2) Current This information relates only to the provision/s amending the Family Violence Protection Act 2008 Family Violence Protection Amendment (Safety Notices) Act 2011, No. 16/2011 Assent Date: 31.5.11 Commencement Date: Ss 3–7 on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 Current State: This information relates only to the provision/s amending the Family Violence Protection Act 2008 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 37) on 22.6.11: s. 2(1)