Family Violence Protection Amendment (Safety Notices) Act 2011
No. 16 of 2011
table of provisions
SectionPage
ClausePage
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to Family Violence Protection Act 2008
3Duration of family violence safety notice
4Family violence safety notice taken to be application for family violence intervention order
5Repeal of section 41 of the Family Violence Protection Act 2008
6Power to make final order if affected family member has not consented to application or order—police applicants
7Application made by police officer
Part 3—Amendments to Personal Safety Intervention Orders Act 2010 and Repeal of Amending Act
8Power to make final order if affected person has not consented to application or order—police applicants
9Application made by police officer
10Repeal of amending Act
═══════════════
Endnotes
1
ClausePage
Victoria
1
ClausePage
1
ClausePage
Family Violence Protection Amendment (Safety Notices) Act 2011[†]
No. 16 of 2011
[Assented to 31 May 2011]
1
Family Violence Protection Amendment (Safety Notices) Act 2011
No. 16 of 2011
1
571065B.I-6/4/2011BILL LA INTRODUCTION 6/4/2011
Family Violence Protection Amendment (Safety Notices) Act 2011
No. 16 of 2011
The Parliament of Victoriaenacts:
1
571065B.I-6/4/2011BILL LA INTRODUCTION 6/4/2011
Part 3—Amendments to Personal Safety Intervention Orders Act 2010 and Repeal of Amending Act
Family Violence Protection Amendment (Safety Notices) Act 2011
No. 16 of 2011
Part 1—Preliminary
1Purposes
The purposes of this Act are to—
(a)amend the Family Violence Protection Act 2008 to—
(i) repeal the expiry of Division 2 of Part 3 to continue operation of family violence safety notices; and
(ii)clarify the adjournment of family violence safety notices on the first mention date; and
(iii)clarify the powers of the court relating to applications for family violence intervention orders made by police; and
(b)amend the Personal Safety Intervention Orders Act 2010to clarify the powers of the court relating to applications for personal safety intervention orders made by police.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
s. 2
(2)If a provision of this Act does not come into operation before 1 November 2011, it comes into operation on that day.
______
Part 2—Amendments to Family Violence Protection Act 2008
3Duration of family violence safety notice
See:
Act No.
52/2008.
Reprint No. 1
as at
1 January 2011 and amending ActNo. 53/2010.
LawToday:
www.
legislation.
vic.gov.au
s. 3
In section 30(1)(b)(i) of the Family Violence Protection Act 2008, after "court" insert"adjourns the application for the family violence intervention order or".
4Family violence safety notice taken to be application for family violence intervention order
After section 31(1) of the Family Violence Protection Act 2008 insert—
"(1A) A family violence safety notice that has ended under section 30(1)(b) continues to be taken to be an application for a family violence intervention order until the court finally determines the application or the application is withdrawn.".
5Repeal of section 41 of the Family Violence Protection Act 2008
Section 41 of the Family Violence Protection Act 2008 is repealed.
6Power to make final order if affected family member has not consented to application or order—police applicants
(1)In the heading to section 75 of the Family Violence Protection Act 2008, after "application" insert "or order—police applicants".
(2)In section 75(2) of the Family Violence Protection Act 2008for "has not consented to the making of the application" substitute "does not consent to the making of the final order".
(3)For section 75(3)(a) of the Family Violence Protection Act 2008substitute—
"(a)the affected family member is a child and—
(i) no adult affected family member is included in the application; or
(ii)the adult affected family member included in the application consents to the making of the order; or".
7Application made by police officer
s. 7
(1)In section 110(2) of the Family Violence Protection Act 2008, for "has not consented to the making of the application" substitute "does not consent to the variation or extension of the family violence intervention order".
(2)For section 110(3)(a) of the Family Violence Protection Act 2008 substitute—
"(a)the protected person is a child and—
(i) no adult is protected by the family violence intervention order; or
(ii)the adult protected by the family violence intervention order consents to the variation or extension of theorder; or".
______
Part 3—Amendments to Personal Safety Intervention Orders Act 2010 and Repeal of Amending Act
8Power to make final order if affected person has not consented to application or order—police applicants
See:
Act No.
53/2010.
Law Today:
www.
legislation.
vic.gov.au
s. 8
(1) In the heading to section 63 of the Personal Safety Intervention Orders Act 2010, after "application" insert "or order—police applicants".
(2)In section 63(2) of the Personal Safety Intervention Orders Act 2010, for "has not consented to the making of the application" substitute "does not consent to the making of the final order".
(3) For section 63(3)(a) of the Personal Safety Intervention Orders Act 2010substitute—
"(a)the affected person is a child and—
(i) no adult affected person is included in the application; or
(ii)the adult affected person included in the application consents to the making of the order; or".
9Application made by police officer
(1)In section 87(2) of the Personal Safety Intervention Orders Act 2010, for "has not consented to the making of the application" substitute "does not consent to the variation or extension of the personal safety intervention order".
(2)For section 87(3)(a) of the Personal Safety Intervention Orders Act 2010 substitute—
"(a)the protected person is a child and—
(i) no adult is protected by the personal safety intervention order; or
(ii)the adult protected by the personal safety intervention order consents to the variation or extension of the order; or".
10Repeal of amending Act
s. 10
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
═══════════════
1
Family Violence Protection Amendment (Safety Notices) Act 2011
No. 16 of 2011
Endnotes
Endnotes
1
[†] Minister's second reading speech—
Legislative Assembly: 6 April 2011
Legislative Council: 5 May 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 and for other purposes."