economic abuse has the meaning set out in section 6; s. 4 emotional or psychological abuse 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
respondent named in the safety notice form is not the respondent named in the authorisation form; or protected person in the safety notice form is not the protected person named in the authorisation form. (4) Also, for the purposes of subsection (2)(b), if there is a material discrepancy between the safety notice form and the authorisation form, the safety notice form is invalid to the extent of the material discrepancy until a corrected safety notice form is served on the respondent under section 34. 29 Conditions of family violence safety notice s. 29 (1) A family violence safety notice may include any condition the court may include under section 81(2)(a) to (f) in a family violence intervention order. (2) Before including in a family violence safety notice a condition prohibiting the respondent from being anywhere within a specified distance from a particular place, the police officer issuing the notice must make reasonable enquiries to ensure this will be practical in the particular circumstances. 30 Duration of family violence safety notice (1) A family violence safety notice—
(1) If an application for leave is made under section 45(d)(ii) or (e)(ii), the court must grant leave if it is satisfied that it is in the best interests of the affected family member to do so. (2) If an application for leave is made under section 45(d)(iii), the court must not grant leave unless it is satisfied the child understands the nature and consequences of a family violence intervention order. 47 Application for protection of may be included in application for protection of child's parent s. 47 (1) An application for a family violence intervention for an affected family member who is a child may be included in an application for the protection of the child's parent if the applications arise out of the same or similar circumstances. (2) An application referred to in subsection (1) may, on the application of the applicant or the respondent, be heard separately if the court thinks fit having regard to any advantages of the matters being heard together. 48 Service of application As soon as practicable after an application for a family violence intervention order is made, the appropriate registrar for the court must serve the application on—
S. 65(2)(a) amended by No. 53/2010 s. 201(1). 13, 30, 31 and 41 and Part 3.10 of the Evidence Act 2008; 2A of Part II of the Evidence (Miscellaneous Provisions) Act 1958. Note to s. 65(2) amended by No. 53/2010 s. 201(2). Note Section 13 of the Evidence Act 2008 provides for circumstances in which a person lacks capacity to give evidence. Section 30 of the Evidence Act 2008 provides for a witness to give evidence through an interpreter. Section 31 of the Evidence Act 2008 provides for the giving of evidence by a witness who is deaf or mute. Section 41 of the Evidence Act 2008 provides for the court's powers to disallow improper questions. Part 3.10 of the Evidence Act 2008 provides for the application of privileges. Division 2A of Part II of the Evidence (Miscellaneous Provisions) Act 1958 provides for confidential communications in relation to proceedings with respect to sexual offences. (3) The may refuse to admit, or may limit the use to be made of, evidence if the court is satisfied— is just and equitable to do so; or probative value of the evidence is substantially outweighed by the danger that the evidence may be unfairly prejudicial to a party or misleading or confusing. 66 Evidence may be by affidavit or sworn statement
disclosure authorised by or under Health Privacy Principle 2.2(a), 2.2(b), 2.2(f), 2.2(g), 2.2(h), 2.2(k), 2.2(l) or 2.5 set out in Schedule 1 to the Health Records Act 2001; (f) a disclosure that does not identify the respondent or from the respondent's identity cannot reasonably be ascertained. 141 Confidentiality of counselling s. 141 (1) A person or body who provides counselling in accordance with an order under section 130 must not disclose any information obtained during the course of providing the counselling to any person who is not entitled to the information. 10 penalty units. (2) Subsection (1) does not apply to the following disclosures— disclosure by, or authorised in writing by, the respondent to whom the counselling is provided; disclosure to a legal practitioner in connection with the giving of legal advice or the provision of representation in a proceeding under this Act; S. 141(2)(c) amended by No. 83/2012 s. 27.
(1) A person who is declared to be a vexatious litigant by an order made under this Part may appeal against the order to— County Court, with the leave of that Court; or the court that made the relevant decision was the Children's Court constituted by the President of the Court, the Trial Division of the Supreme Court with the leave of that Court. (2) The appropriate registrar for the Court must serve notice of the application for leave on— person protected by the and the Attorney-General made the application under section 189(1)(a) for the order declaring the person to be a vexatious litigant, the Attorney-General. (3) The Court must allow the person protected by the order to be heard on the application if that person wishes. (4) The may grant leave under subsection (1) if the Court is satisfied there is evidence that— appeal has merit; and not an abuse of process. (5) If leave is granted under this section, the appropriate registrar for the Court must serve notice of the hearing date for the appeal on— vexatious litigant; and person protected by the order; and
Division 1—Repeal 212 Repeal of Crimes (Family Violence) Act 1987 s. 212 The Crimes (Family Violence) Act 1987 is repealed. Division 2—Transitional provisions 213 Definitions In this Division— commencement day means the day this section commences; interim intervention order means an interim intervention order made under the repealed Act on grounds referred to in section 8 of that Act; intervention order means— intervention order made under the repealed Act on grounds referred to in section 4 or 4A of that Act; or intervention order referred to in paragraph (a) that was subsequently varied or extended under section 16 or 16A of that Act; new Act the Family Violence Protection Act 2008;
Current : 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) : This information relates only to the provision/s amending the Family Violence Protection Act 2008 Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011, No. 48/2011 Assent Date: 22.9.11 Commencement Date: S. 27 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 4 Current : This information relates only to the provision/s amending the Family Violence Protection Act 2008 Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011 Assent Date: 22.11.11 Commencement Date: Ss 93–95 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 Current : This information relates only to the provision/s amending the Family Violence Protection Act 2008 Justice Legislation Amendment (Family Violence and Matters) Act 2012, No. 83/2012 Assent Date: 18.12.12 Commencement Date: Ss 3, 4, 13–30 on 4.2.13: Special Gazette (No. 27) 29.1.13 p. 1; ss 5–12 on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 2 Current : This information relates only to the provision/s amending the Family Violence Protection Act 2008 Endnotes Children, and Families Amendment Act 2013, No. 52/2013 Assent Date: 24.9.13 Commencement Date: Ss 62–69 on 1.12.13: Special Gazette (No. 419) 26.11.13 p. 1
Current State: This information relates only to the provision/s amending the Family Violence Protection Act 2008 Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013 Assent Date: 17.12.13 Commencement Date: S. 24 on 18.12.13: s. 2(1); ss 25–31 on 3.3.14: Special Gazette (No. 17) 28.1.14 p. 1 Current State: This information relates only to the provision/s amending the Family Violence Protection Act 2008 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 61) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Family Violence Protection Act 2008 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 17) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Family Violence Protection Act 2008 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.