economic abuse has the meaning set out in section 6; s. 4 emotional or psychological has the meaning set out in section 7; exclusion condition has the meaning given by section 82; Family Law Act means the Family Law Act 1975 of the Commonwealth; Family Law Act order means an order, injunction, undertaking, plan or recognisance referred to in section 68R of the Family Law Act; family member has the meaning set out in section 8; family violence has the meaning set out in section 5; Family Violence Court Division means the Family Violence Court Division of the Magistrates' Court established under section 4H(1) of the Magistrates' Court Act 1989; family violence intervention order has the meaning set out in section 11; family violence safety notice means a family violence safety notice issued under section 26 for which— form is completed under section 27(1); or
(2) For the purposes of this Act, a final order is an order made under section 74 or 76 and includes— s. 11 order made under section 74 or 76 as varied under section 100, 119(2)(c) or 173(2); and order made under section 74 or 76 as extended under section 106 or 107; and order made under section 74 or 76 and confirmed on appeal to the County Court or Supreme Court. (3) For the purposes of this Act, an interim order is an order— under section 53, including an order made under section 53 as varied under section 100; and under section 101 that varies a family violence intervention order. __________________ Division 1—Holding powers 12 Definitions s. 12 In this Division— directed person a person who is given a direction under section 14;
police gaol has the meaning given in the Corrections Act 1986. 13 Criteria for exercise of powers A police officer may exercise a power under this Division in relation to a person only if— police officer intends to make an application for one of the following against the person— family violence intervention (ii) an order varying a family violence intervention order; (iii) a family violence safety notice; and officer has reasonable grounds for suspecting the person is an and officer believes on reasonable grounds that exercise of the power is necessary to ensure the safety of a family member of the person or to preserve any property of the family member. 14 Direction s. 14
to in section 24(a), (b), (c) and (d) are reasonable; and if practicable, hear the respondent or the affected family member. 27 Form of family violence safety notice s. 27 (1) If a police officer issues a family violence safety notice section 26 on an application made in person, the police officer must— in the notice matters referred to in section 32; and the notice on oath or by affidavit or certify the notice. (2) If a police officer issues a family violence safety notice on an application made by telephone, fax or other electronic communication, the police officer must— a form (an authorisation form) that contains the following information— of the respondent and protected person; (ii) the name, rank and station of the police officer who made the application; (iii) a statement of the reasons for issuing the family violence safety notice; conditions of the family violence safety notice; and
applicant's reasons for seeking the variation or revocation; safety of the protected person; protected person's views about the variation or revocation; or not the protected person is legally represented; the protected person has a guardian, the guardian's (3) If the court decides not to grant an application for the revocation of a family violence intervention order, the court may instead order the variation of the family violence intervention order in the way the court considers appropriate. 101 Court may make interim order on application for variation of family violence intervention order s. 101 (1) If a person makes an application for a variation of a family violence intervention order under this Division, the Court may make an interim order varying the family violence intervention order. (2) For the purposes of subsection (1), Division 2 applies (with any necessary changes) to the making of an interim order varying a family violence intervention order as if it were the making of an interim order under that Division.
(ii) the respondent for the spending time with or communicating with the child. Note If there is a Family Law Act order in existence, section 68R of the Family Law Act may allow the court to revive, vary, discharge or suspend that order. (2) The court may refuse to vary or revoke the family violence intervention order, or may vary the order in a way that differs from the variation sought in the application, if the court is satisfied, on the balance of probabilities, that it is necessary to do so to ensure the safety of another person protected by the order. 103 Continuing protection of protected person who is a child s. 103 If a person referred to in section 102(1)(a) is a and has a continuing need for protection from family violence being committed by the respondent and that need is not substantially the same as that of the other protected person for whom the variation or revocation is being sought, the court may, on its own initiative— a new family violence intervention under section 74 for the child as a protected person; and the order to which the application under section 100 relates as the court considers necessary.
extension order continues until the final order is served on the respondent, when the final order is served on the respondent; or the court extends the final order and the final order does not include an order about the interim extension order continuing as referred to in paragraph (a), at the time the final order is made; or the court refuses to extend the final order in relation to the application, at the time of the court's refusal; or the interim extension order is revoked by the court, at the time of the revocation; or the application for the extension of the final order is withdrawn, at the time of the withdrawal. Subdivision 3—Application to vary, revoke or extend family violence intervention 108 Who may apply to vary, revoke or extend family violence intervention order s. 108 (1) An application to vary, revoke or extend a family violence intervention order may be made to the court by— party to the proceeding in which the order was made; or Note See the definition of in section 4 which provides that the protected person is a party to the proceeding,
Commencement Date: S. 54(Sch. Pt 1 item 22) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Family Violence Protection Act 2008 Crimes Legislation Amendment Act 2010, No. 7/2010 Assent Date: 16.3.10 Commencement Date: S. 10 on 17.3.10: s. 2 : This information relates only to the provision/s amending the Family Violence Protection Act 2008 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 : 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 : 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 : This information relates only to the provision/s amending the Family Violence Protection Act 2008 Endnotes Bail Amendment Act 2010, No. 70/2010 Assent Date: 19.10.10 Commencement Date: S. 38 on 1.1.11: s. 2(2) : 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