Family Violence Protection Act 2008 (Vic)

Version No. 065

Family Violence Protection Act 2008

No. 52 of 2008

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2How purpose is to be achieved

3Commencement

Part 2—Interpretation

4Definitions

5Meaning of family violence

6Meaning of economic abuse

7Meaning of emotional or psychological abuse

8Meaning of family member

9Meaning of domestic partner

10Meaning of relative

11Meaning of family violence intervention order, final order and interim order

Part 3—Police protection before court

Division 1—Holding powers

12Definitions

13Criteria for exercise of powers

13ACriteria for exercise of powers—recognised DVOs

14Direction power

15Detention power

16Search of person and seizure of objects

17Procedural requirements for person directed to a police station, or person apprehended and detained

18Duration of holding powers

19Extension of periods

20Telephone or fax application for extension order

21Police to notify directed person when direction ceases

22No questioning during holding period

23Court may hear directed person or affected family member or protected person

Division 2—Family violence safety notices

24Application for family violence safety notice

25How an application may be made

26Decision about family violence safety notice

26AIssue of family violence safety notice if recognised DVO in place

27Form of family violence safety notice

28Procedure if safety notice form completed

29Conditions of family violence safety notice

30Duration of family violence safety notice

31Family violence safety notice taken to be application for family violence intervention order

32Information to be included in family violence safety notice

33Address for service

34Service of family violence safety notice

35Explanation of family violence safety notice

36Accommodation

37Contravention of family violence safety notice

37AContravention of notice intending to cause harm or fear for safety

38Arrest for contravention of family violence safety notice

39Family violence intervention order prevails over family violence safety notice

40Family violence safety notice prevails over existing recognised DVO

Part 4—Family violence intervention orders

Division 1—Application for family violence intervention order

42Where application for family violence intervention order may be made

43How application is to be made

45Who may apply for family violence intervention order

46Application for leave

47Application for protection of child may be included in application for protection of child's parent

48Service of application

49Registrar may issue summons on application for family violence intervention order

50Magistrate or registrar may issue warrant on certain applications for family violence intervention orders

51Application by affidavit or certified if warrant to issue

52Bail on appearance on arrest

Division 2—Interim orders

52ACourt to consider any children before deciding on interim order

53Court may make interim order

53AACourt must make interim order for a child if court makes interim order for affected family member

53ABInterim protection of child on court's own initiative—interim order not made for affected family member

53AInterim family violence intervention order where existing personal safety intervention order

54Interim order may be made in absence of respondent etc.

55Evidentiary requirements for making interim orders

56Interim order may apply to more than one affected family member

57Explanation of interim order

57AExplanation of interim order—child respondents

58Interim order made on electronic application by police

59Hearing to be listed for decision about final order as soon as practicable

60Expiry of interim order

Division 2A—Interim orders made on court's own motion in bail proceeding or in criminal proceeding

60ADefinitions for this Division

60BCourt hearing application or appeal relating to bail may make own motion interim order

60CCourt may make interim order on its own motion in a criminal proceeding

60DProsecutor not party to proceeding for interim order

60EMaterial before the court for making interim orders under this Division

60FInterim order to protect child if interim order made under section 60B or 60C

60GOral explanation of interim order

60HDocuments to be given to adult accused who is before the court

60IService of interim order and other documents

60JInterim order taken to be application for a family violence intervention order and treated as application under this Act

60KInterim orders made by Supreme or County Court to be transferred to Magistrates' or Children's Court for final determination

60LMention date and hearing for proceeding for final order

Division 3—Proceedings for family violence intervention orders

61Mention date

62Legal representation of a child who is not applicant or respondent

63Hearing may relate to more than one application

64Affected family member to be heard separately if application made by guardian

65Evidence

66Evidence may be given by affidavit or sworn or affirmed statement

67Evidence given by children

67ACourt may issue warrant to arrest for witness who fails to appear

68Court may close proceeding to public

69Alternative arrangements for proceeding

70Special rules for cross-examination of protected witnesses

71Representation of respondent

72Representation of applicant

73Expert evidence about family violence

Division 3A—Assessment reports in proceedings in the Children's Court

73AChildren's Court may order assessment of respondent or affected family member

73BNotification of requirement to submit assessment report

73CWarning to be given to persons being interviewed

73DDisputed report

73EContent of assessment report

73FSecretary to forward report to Children's Court

73GAttendance at court of author of assessment report

73HConfidentiality of assessment reports

Division 4—Making final orders

73ICourt to consider any children before making final order

74Power of court to make final order

74ANo final order if existing personal safety intervention order

75Power to make final order if affected family member has not consented to application or order—police applicants

76Associated final orders

77Court must make final order for a child if court makes final order for affected family member

77ACourt must make final order for a child if court makes associated final order for affected family member or additional applicant

77BProtection of a child on court's own initiative—final order not made for affected family member or additional applicant

78Consent orders

Division 5—Conditions of family violence intervention orders

79Definition

80Safety of affected person and children paramount in deciding conditions

81Conditions to be included in family violence intervention order

82Exclusion of respondent from residence

83Exclusion of child respondent from residence

84Court may ask Secretary for report for purposes of section 83

85Excluded person to provide new address

86Conditions about personal property

87Relationship with orders made by Family Court and other courts

88No effect on ownership rights

89Court to enquire as to whether any other relevant orders for child

90Variation of relevant Family Law Act order

91Decision about contact with child

92Conditions about arrangements for contact with child if not Family Law Act order

93Condition prohibiting contact with child

94Court to enquire about firearms and weapons

95Suspension or cancellation of firearms authority etc.

Division 6—Explanation of final order

96Explanation of final order

96AExplanation of final order—child respondents

Division 7—Duration of final order

97Court may specify period for which order in force

98Period for which order remains in force if respondent a child

99Duration of order

Division 8—Variation, revocation and extension of family violence intervention orders

Subdivision 1—Variation and revocation of family violence intervention orders

100Power of court to vary or revoke family violence intervention order

101Court may make interim order on application for variation of family violence intervention order

102Additional protection in varying or revoking orders

103Continuing protection of protected person who is a child

104Protection for children who have become family members since order made

105Further application for variation etc. of order in respect of child

Subdivision 2—Extension of final order

106Power of court to extend final order

107Interim extension order

Subdivision 3—Application to vary, revoke or extend family violence intervention order

108Who may apply to vary, revoke or extend family violence intervention order

109Application made by respondent for variation or revocation of family violence intervention order

110Application made by police officer

111Consent required if applicant is not protected person, guardian, respondent or police officer

112Protected person's views to be heard separately in certain circumstances

Subdivision 4—Service of applications for variations, revocations or extensions of orders

113Persons on whom application must be served

Division 9—Appeals and rehearings

Subdivision 1—Appeals to County Court and Supreme Court

114Who may appeal

115Court to which appeal must be made

116Notice of appeal

117Stay of relevant decision

118Appeals not to commence if certain persons object

118AAppellant's failure to appear

118BEffect of order reinstating appeal—stay and bail conditions

119Conduct of appeal

120No further appeal

121Application of certain Acts to appeals

Subdivision 2—Rehearings

122Rehearing of certain proceeding

Division 10—Contravention of family violence intervention order

123Contravention of family violence intervention order

123AContravention of order intending to cause harm or fear for safety

124Arrest for contravention of family violence intervention order

125Protected person not guilty as abettor

Division 11—Persistent contravention of notices and orders

125APersistent contravention of notices and orders

Division 12—Double jeopardy—recognised DVOs

125BNo double jeopardy—recognised DVOs

Part 5—Counselling orders

Division 1—Preliminary

126Definitions

127Object of Part

128Part applies only to adults

Division 2—Orders to assess eligibility for and to attend counselling

129Order to assess eligibility for counselling

130Order to attend counselling

131Effect of appeal against final order

Division 3—Procedures relating to counselling orders

132Notice of hearings

133Approval of counselling

134Person giving report may be required to attend hearing

135Disputed report

136Explanation of counselling orders

137Variation or revocation of counselling orders

138Service of counselling orders, eligibility report etc.

Division 4—Other matters

139Certificate of respondent's non attendance

140Confidentiality of eligibility interview and report

141Confidentiality of counselling

142Limited use of information by court

143Authorisation to collect health information

144Delegation

Part 5A—Information sharing

Division 1—Preliminary

144ADefinitions

144BMeaning of person of concern

144CMeaning of excluded information

144DMeaning of information sharing entity

144EMeaning of primary person

144FMeaning of CIP data custodian

144GMeaning of CIP requester

144HObjects of Part

144IApplication of this Part to Courts

144JPrinciples

Division 2—Information sharing for family violence assessment purpose

144KApplication of Division to confidential information of certain persons

144KAVoluntary disclosure for family violence assessment purpose

144KBRequest for information sharing for family violence assessment purpose

144KCObligation to disclose for family violence assessment purpose

144KDCollection and use of confidential information for family violence assessment purpose

Division 3—Information sharing for family violence protection purpose

144LApplication of Division to confidential information of certain persons

144LAVoluntary disclosure for family violence protection purpose

144LBRequest for information sharing for family violence protection purpose

144LCObligation to disclose for family violence protection purpose

144LDCollection and use of confidential information for family violence protection purpose

Division 4—Information sharing with primary persons

144MVoluntary disclosure to primary person

144MAPrimary person not to disclose confidential information other than for reasons of safety

Division 5—Consent

144NConsent of person of concern and certain other persons not required

144NAConsent of primary person who is an adult

144NBConsent of linked person

144NCConsent not required if primary person is a child

144NDCapacity to consent

Division 6—The Central Information Point

144OCentral Information Point

144OACIP purpose

144OBCentral Information Point may handle confidential information for CIP purpose

144OCCIP requests

144ODCIP requester may disclose information to Central Information Point

144OECIP data custodian may disclose confidential information to Central Information Point

144OFCIP data custodian may disclose information to other CIP data custodians

144OGCIP data custodians and CIP requesters may disclose information to Central Information Point on own initiative

144OHReferences in certain provisions to CIP data custodians and CIP requesters

144OIDelegation

Division 7—Guidelines, protected disclosures and recording requirements

144PGuidelines

144PADisclosures made in good faith protected

144PBInformation sharing entity and Central Information Point recording requirements

Division 8—Relationship of this Part with other Acts

144QPart does not affect handling of information permitted by other Acts

144QA Access to confidential information under privacy laws restricted where risk to safety from family violence

144QBApplication of Privacy and Data Protection Act 2014 to certain information sharing entities

144QCInformation sharing entity or Central Information Point authorised to share confidential information despite specified provisions

144QDDisclosure of confidential information is not breach of Judicial Proceedings Reports Act 1958

144QEExemption from Freedom of Information Act 1982 for Central Information Point

Division 9—Offences

144RUnauthorised use and disclosure of confidential information

144RAIntentional or reckless unauthorised use and disclosure of confidential information

Division 10—Review

144SReview of operation of Part after 2 years of operation

144SAReview of operation of Part after 5 years of operation

Part 5B—Information sharing relating to Support and Safety Hubs

Division 1—Preliminary

144SBDefinitions

144SCMeaning of authorised Hub entity

Division 2—Object of Part

144SDObject of Part

Division 3—Information sharing

144SEAuthorised Hub entity may collect, use and disclose confidential information for a purpose connected with provision of Hub services

144SFPart does not affect handling of information permitted by other Acts

144SGAccess to confidential information under privacy laws restricted where risks to safety

Part 6—Jurisdiction of courts and proceedings

Division 1—Jurisdiction of courts

145Definitions

146Jurisdiction of courts if affected family member, protected person or respondent a child

147Jurisdiction of Children's Court to deal with related applications

147AJurisdiction of Children's Court to deal with applications related to child protection proceedings

148Transfer of applications

149Jurisdiction to revoke, vary or extend orders

Division 2—Provisions about proceedings under this Act

150Restriction on presence of children

151Adjournment to seek legal advice

152Applicant who is police officer may be represented by another police officer

153Certification

153AOffence to make false declaration of truth

154Costs

155Concurrent criminal proceedings

156Family violence intervention order against carer

Part 7—Enforcement powers

157Entry and search of premises

158Surrender of firearms and weapons

159Power of police officer to search premises for firearms etc. without warrant

159AApplications for DVOs—additional requirements for direction or search without warrant

160Warrants to search premises and vehicles

161Announcement before entry

162Copy of the warrant to be given to occupier

163Seizure of firearms etc.

164Effect of surrender or seizure of firearm, weapon or other article if final order made against person

165Effect of surrender or seizure of firearm, weapon or other article if no final order etc.

Part 8—Restriction on publication of proceedings

Division 1—General restriction on publication

166Restriction on publication of proceeding in Magistrates' Court

167Exception to restriction on publication

168Identifying particulars

169Court may allow publication of locality, particulars or picture

Division 2—Exception for publication by or with consent of adult victim

169AInterpretation

169BException to restriction on publication by or with consent of adult victim

169CSubsequent publication

Division 3—Issuing jurisdiction restrictions on publication about recognised DVOs

169DMeaning of issuing jurisdiction

169ERecognised DVOs—issuing jurisdiction restrictions not affected

Part 9—Relationship with other Acts

170Application of Magistrates' Court Act 1989 and rules

171Relationship with Firearms Act 1996 and Control of Weapons Act 1990

172Application of principles under Children, Youth and Families Act 2005 to decisions under this Act

173Family violence intervention orders prevail over child protection orders

174Notice to be given to Secretary to Department of Human Services

175Bail conditions prevail over child protection order

175AARelationship between bail conditions and family violence safety notice

175ABRelationship between bail conditions and family violence intervention order

175ARelationship with certain orders under the Sentencing Act 1991

175ACRelationship between bail conditions and recognised DVO

176Relationship with Family Court orders

Part 9A—Relationship with Personal Safety Intervention Orders Act 2010

Division 1—General

176ADefinitions

176BConcurrent applications may be heard together

176CFamily violence intervention order, recognised DVO to prevail

Division 2—Certain applications under Personal Safety Intervention Orders Act 2010 to be heard under this Act where parties are family members

176DApplication of Division

176ECourt may determine parties to application for personal safety intervention order are family members

176FNo further determination if determination made by County Court or Supreme Court

176GEffect of determination under section 176E(2)(b)—general

176HSearch warrants issued under Personal Safety Intervention Orders Act 2010

176IFirearms etc seized or surrendered under Personal Safety Intervention Orders Act 2010

176JExisting interim personal safety intervention order must be revoked

176KDetermination made on application to vary existing interim personal safety intervention order

176LDetermination made on application to revoke existing interim personal safety intervention order

176MDetermination made when hearing application for final personal safety intervention order

176NRevocation of interim personal safety intervention order under this Division

176OExplanation of determination

Part 10—Corresponding New Zealand orders

177Registration of corresponding New Zealand orders

178Notice to be given of registration of corresponding New Zealand orders

179Variation, extension or revocation by New Zealand Court has no effect

180Variation, extension or revocation of registered corresponding New Zealand order by Victorian Court

181Notice of proposed variation, extension or revocation of registered corresponding New Zealand order

182Notice to be given of variation, extension or revocation of registered corresponding New Zealand order

Part 11—Family Violence Risk Assessment and Risk Management Framework

188Definitions

189Minister may approve framework

190Obligation to align with approved framework

191Compliance with approved framework to form condition of contract or agreement

192Ministers to prepare annual report on approved framework

193Consolidated annual report to be tabled in Parliament

194Minister must review approved framework

195Review of operation of Part

196Rights and liabilities

Part 12—Service of documents

201Service of orders

202Manner of service

202ACourt may order alternative service

202BPresumption as to effective service by post, electronic communication

202CSubstituted service

203Proof of service

204Inability to serve document

205Person may cause document to be served

206Certificate of service

207Disclosure of information by organisations

Part 13—Miscellaneous

Division 1—Jurisdiction of Supreme Court

208Supreme Court—limitation of jurisdiction

Division 1A—Offences by bodies corporate

208AImputing conduct to bodies corporate

208BCriminal liability of officers of bodies corporate—accessorial liability

Division 2—Rule-making power

209Rules of court and practice directions for Magistrates' Court

210Rules of court and practice directions for Children's Court

Division 3—Regulations

210AInformation sharing regulation making power

210BFramework regulation making power

211General regulation making power

Part 14—Repeal, transitional and validation provisions

Division 1—Repeal

212Repeal of Crimes (Family Violence) Act 1987

Division 2—Transitional provisions

213Definitions

214References to repealed Act

215Intervention orders

216Interim intervention orders

217Counselling orders

218Applications

219Proceedings

220Interim intervention order

221Acts committed before commencement day relevant

222Protection for protected person applies to acts committed before commencement day

223Interstate and New Zealand orders

Division 3—Validation provision

224Validation of certain interstate orders

Division 4—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

224ATransitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

Division 5—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010

224BTransitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010

Division 6—Personal Safety Intervention Orders Act 2010

224CTransitional provisions—Personal Safety Intervention Orders Act 2010

Division 7—Justice Legislation (Family Violence and Other Matters) Act 2012

224DTransitional provisions—Justice Legislation (Family Violence and Other Matters) Act 2012

Division 8—Children, Youth and Families Amendment Act 2013

225Transitional provision—Children, Youth and Families Amendment Act 2013

Division 9—Family Violence Protection Amendment Act 2014

226Transitional provisions—Family Violence Protection Amendment Act 2014

Division 10—National Domestic Violence Order Scheme Act 2016

227Transitional provisions—National Domestic Violence Order Scheme Act 2016

Division 11—Family Violence Protection Amendment Act 2017

228Definitions

228AFamily violence intervention orders for protection of children

229Appeals

229AExplanations of orders

230Approval of counselling

230AReview of amendments to first mention date for family violence safety notices

231Alternative service

Division 12—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

232Transitional provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

Division 13—Justice Legislation Miscellaneous Amendment Act 2018

233Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018

Division 14—Police and Emergency Legislation Amendment Act 2020

234Transitional provision—Police and Emergency Legislation Amendment Act 2020

Division 15—Family Violence Protection Amendment Act 2025

235Validation of service

Schedule 1—Specified provisions

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 065

Family Violence Protection Act 2008

No. 52 of 2008

Version incorporating amendments as at

22 October 2025

Preamble

In enacting this Act, the Parliament recognises the following principles—

(a)that non-violence is a fundamental social value that must be promoted;

(b)that family violence is a fundamental violation of human rights and is unacceptable in any form;

(c)that family violence is not acceptable in any community or culture;

(d)that, in responding to family violence and promoting the safety of persons who have experienced family violence, the justice system should treat the views of victims of family violence with respect.

In enacting this Act, the Parliament also recognises the following features of family violence—

(a)that while anyone can be a victim or perpetrator of family violence, family violence is predominantly committed by men against women, children and other vulnerable persons;

(b)that children who are exposed to the effects of family violence are particularly vulnerable and exposure to family violence may have a serious impact on children's current and future physical, psychological and emotional wellbeing;

(c)that family violence—

(i)affects the entire community; and

(ii)occurs in all areas of society, regardless of location, socioeconomic and health status, age, culture, gender, sexual identity, ability, ethnicity or religion;

(d)that family violence extends beyond physical and sexual violence and may involve emotional or psychological abuse and economic abuse;

(e)that family violence may involve overt or subtle exploitation of power imbalances and may consist of isolated incidents or patterns of abuse over a period of time.

The Parliament of Victoria therefore enacts:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to—

(a)maximise safety for children and adults who have experienced family violence; and

(b)prevent and reduce family violence to the greatest extent possible; and

(c)promote the accountability of perpetrators of family violence for their actions.

2How purpose is to be achieved

This Act aims to achieve its purpose by—

(a)providing an effective and accessible system of family violence intervention orders and family violence safety notices; and

(ab)providing for the sharing of information that is relevant to assessing and managing a risk of family violence; and

(b)creating offences for contraventions of family violence intervention orders and family violence safety notices; and

(c)providing a framework for achieving consistency in family violence risk assessment and family violence risk management.

3Commencement

(1)Sections 1 and 224 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

*                *                *                *                *

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 October 2009, it comes into operation on that day.

PART 2—INTERPRETATION

4Definitions

In this Act—

Aboriginal and Torres Strait Islander tradition means—

(a)the body of traditions, observances, customs and beliefs of Aboriginal and Torres Strait Islander people generally or of a particular community or group of Aboriginal or Torres Strait Islander people; and

(b)any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships;

acting in concert order means an order made under section 36 of the Vexatious Proceedings Act 2014;

Administrative Office Head has the same meaning as in section 4(1) of the Public Administration Act 2004;

adult means a person who is 18 years of age or over;

affected family member means the following persons—

(a)a person the subject of an application for a family violence intervention order to protect the person or the person's property;

(b)a person for whom a police officer intends to make an application referred to in section 13(1)(a) or 13A(1)(a) to ensure the safety of the person or to preserve any property of the person;

(c)a person who is seeking leave, or for whom leave is being sought, from the court to make an application for a family violence intervention order as referred to in section 45(d)(ii) or (iii) or (e)(ii);

(d)an additional applicant under section 76;

appropriate registrar, for a court, means the registrar for that court or at the proper venue of the court;

assault has the same meaning as in section 31 of the Crimes Act 1958;

associate means—

(a)in relation to a respondent, a person who is so closely connected with the respondent that the respondent can influence the actions of the person, whether directly or indirectly; and

(b)in relation to an affected family member or a protected person, a person who provides the affected family member or protected person with assistance or support;

authorisation form means a form completed under section 27(2)(a);

child means a person who is under the age of 18 years;

child protection order means an order for which the Children's Court has jurisdiction under section 515(1) of the Children, Youth and Families Act 2005 to hear and determine an application;

Note

Under section 515(1)(o) of the Children, Youth and Families Act 2005, the Children's Court's jurisdiction includes hearing and determining applications for certain proceedings transferred to the Court under interstate laws.

cognitive impairment has the same meaning as in section 3 of the Evidence (Miscellaneous Provisions) Act 1958;

contested application means an application the subject of a contested hearing;

contested hearing, in relation to an application under this Act, means a hearing by a court in which a party to the proceeding is contesting the final determination of the application;

corresponding DVO recognition law means a corresponding law within the meaning of the National Domestic Violence Order Scheme Act 2016;

*                *                *                *                *

*                *                *                *                *

corresponding New Zealand law means the Domestic Violence Act 1995 of New Zealand or an Act repealed by that Act;

corresponding New Zealand order means—

(a)an order made under a corresponding New Zealand law that substantially corresponds to an interim order or a final order; or

(b)a notice issued or an order made under a corresponding New Zealand law that substantially corresponds to a family violence safety notice;

counselling order means an order under section 129 or 130;

court means—

(a)the Magistrates' Court; or

(b)if the application is being dealt with in the Children's Court, that court; or

(c)in relation to an interim order made under Division 2A of Part 4, the court hearing the criminal proceeding in which the order is made;

declaration of truth means a declaration that complies with section 43(4) made by an applicant in an application under section 43(1)(c) instead of on oath or by affirmation or by affidavit;

domestic partner has the meaning set out in section 9;

Deputy Chief Magistrate means the Deputy Chief Magistrate of the Magistrates' Court;

economic abuse has the meaning set out in section 6;

emotional or psychological abuse has the meaning set out in section 7;

exclusion condition has the meaning given by section 82;

extended litigation restraint order means an order made under section 19 of the Vexatious Proceedings Act 2014;

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 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—

(a)a form is completed under section 27(1); or

(b)a safety notice form is completed;

final order has the meaning set out in section 11;

*                *                *                *                *

firearms authority means a licence, permit or other authority under the Firearms Act 1996 to possess, carry or use firearms;

first mention date, in relation to an application for a family violence intervention order, means the first date on which the proceeding for the application is listed before the court;

foreign order means a foreign order within the meaning of the National Domestic Violence Order Scheme Act 2016;

guardian, in relation to a person, means (except in the definition of parent) a guardian under the Guardianship and Administration Act 2019 or an attorney who has power for personal matters under an enduring power of attorney under the Powers of Attorney Act 2014 who has power, whether specifically or generally—

(a)to make decisions, take action, consent or do things for the person under this Act or under the enduring power of attorney; or

(b)to decide where or with whom the person is to live or with whom the person is to have contact;

information sharing entity has the meaning set out in section 144D;

interim order has the meaning set out in section 11;

interstate DVO means an interstate DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;

litigation restraint order proceeding means a proceeding under the Vexatious Proceedings Act 2014 in relation to any of the following orders, if the order relates to an application or a proceeding under this Act—

(a)an extended litigation restraint order;

(b)an acting in concert order;

(c)an appeal restriction order within the meaning of that Act;

(d)an order varying or revoking an extended litigation restraint order;

(e)a variation or revocation application prevention order within the meaning of that Act;

mention date, in relation to an application or appeal under this Act, means—

(a)the first mention date; or

(b)another date on which the proceeding is listed before the court other than for a contested hearing or the hearing of an appeal;

parent, of a child, includes—

(a)a person who has responsibility for the long-term welfare of the child and has, in relation to the child, all the parental powers, rights and duties that are vested by law or custom in the guardian of a child; and

(b)a person with whom the child normally or regularly resides;

participating jurisdiction

, in relation to an interstate DVO or registered foreign

order, means a jurisdiction in which a corresponding DVO recognition law has been enacted;

party, to a proceeding under this Act, includes—

(a)the affected family member or protected person for the proceeding, whether or not the person is the applicant for the proceeding; and

(b)if the affected family member or protected person is not the applicant for the proceeding, the applicant; and

(c)the respondent for the proceeding or the respondent who is the subject of an order made in the proceeding;

personal safety intervention order means a personal safety intervention order within the meaning of section 4 of the Personal Safety Intervention Orders Act 2010;

police officer has the same meaning as in the Victoria Police Act 2013;

possession, in relation to a firearm, has the same meaning as it has in the Firearms Act 1996;

proper venue—

(a)in relation to a proceeding in the Magistrates' Court, has the meaning given by section 3(1) of the Magistrates' Court Act 1989; and

(b)in relation to a proceeding in the Children's Court, has the meaning given by section 3(1) of the Children, Youth and Families Act 2005;

property, in relation to a family member, includes—

(a)property of the family member; and

(b)property that is situated in premises in which the family member lives or works whether or not it is the family member's property; and

(c)property that is being used by the family member whether or not it is the family member's property;

protected person means a person who is protected by a family violence intervention order or a family violence safety notice or a recognised DVO;

public entity has the same meaning as in section 4(1) of the Public Administration Act 2004;

public service body has the same meaning as in section 4(1) of the Public Administration Act 2004;

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a)publication in a book, newspaper, magazine or other written publication; or

(b)broadcast by radio or television; or

(c)public exhibition; or

(d)broadcast or electronic communication—

and publication must be construed accordingly;

recognised DVO means—

(a)an interstate DVO made in a participating jurisdiction; or

(b)an 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

(c)a foreign order that is a registered foreign order in any participating jurisdiction, and includes a corresponding New Zealand order registered under Part 10;

registered foreign order means a registered foreign order within the meaning of the National Domestic Violence Order Scheme Act 2016;

registrar means—

(a)in relation to the Magistrates' Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or

(b)in relation to the Children's Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or

(c)in relation to the County Court, a registrar of the Court or a deputy registrar of the Court; or

(d)in relation to the Supreme Court, the prothonotary of the Court, a deputy Prothonotary of the Court or the Registrar of the Court of Appeal;

relative has the meaning set out in section 10;

relevant decision, for Subdivision 1 of Division 9 of Part 4, has the meaning set out in section 114;

respondent means the following persons—

(a)a person against whom—

(i)an application for a family violence intervention order has been made; or

(ii)a family violence intervention order has been made; or

(iii)a family violence safety notice has been issued;

(b)an additional respondent under section 76;

(c)in relation to a recognised DVO, a person against whom the recognised DVO has been made;

safety means safety from family violence;

safety notice form means a form completed under section 27(3);

Secretary means (other than in Part 11) the Secretary to the Department of Justice and Regulation;

Specialist Family Violence Court Division means the Specialist Family Violence Court Division of the Magistrates' Court established under section 4IA(1) of the Magistrates' Court Act 1989;

spouse, of a person, means a person to whom the person is married;

weapon means an article that is—

(a)a prohibited weapon under the Control of Weapons Act 1990; or

(b)a controlled weapon under paragraph (b) of the definition of controlled weapon in section 3(1) of the Control of Weapons Act 1990;

weapons approval means an approval under section 8C of the Control of Weapons Act 1990;

weapons exemption means an exemption granted under section 8B of the Control of Weapons Act 1990 in respect of a person or a class of persons;

working day, in relation to a court, means a day other than a Saturday, a Sunday or a day appointed as a public holiday under the Public Holidays Act 1993.

5Meaning of family violence

(1)For the purposes of this Act, family violence is—

(a)behaviour by a person towards a family member of that person if that behaviour—

(i)is physically or sexually abusive; or

(ii)is emotionally or psychologically abusive; or

(iii)is economically abusive; or

(iv)is threatening; or

(v)is coercive; or

(vi)in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or

(b)behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).

Examples

1 The following behaviour may constitute family violence under paragraph (a)—

·using coercion, threats, physical abuse or emotional or psychological abuse to cause or attempt to cause a person to enter into a marriage;

·using coercion, threats, physical abuse or emotional or psychological abuse to demand or receive dowry, either before or after a marriage.

2 The following behaviour may constitute a child hearing, witnessing or otherwise being exposed to the effects of behaviour referred to in paragraph (a)—

·overhearing threats of physical abuse by one family member towards another family member;

·seeing or hearing an assault of a family member by another family member;

·comforting or providing assistance to a family member who has been physically abused by another family member;

·cleaning up a site after a family member has intentionally damaged another family member's property;

·being present when police officers attend an incident involving physical abuse of a family member by another family member.

(2)Without limiting subsection (1), family violence includes the following behaviour—

(a)assaulting or causing personal injury to a family member or threatening to do so;

(b)sexually assaulting a family member or engaging in another form of sexually coercive behaviour or threatening to engage in such behaviour;

(ba)choking, strangling or suffocating (within the meaning of section 34AB(1) of the Crimes Act 1958) a family member or threatening to do so;

(c)intentionally damaging a family member's property, or threatening to do so;

(d)unlawfully depriving a family member of the family member's liberty, or threatening to do so;

(e)causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the family member to whom the behaviour is directed so as to control, dominate or coerce the family member.

(3)To remove doubt, it is declared that behaviour may constitute family violence even if the behaviour would not constitute a criminal offence.

6Meaning of economic abuse

For the purposes of this Act, economic abuse is behaviour by a person (the first person) that is coercive, deceptive or unreasonably controls another person (the second person), without the second person's consent—

(a)in a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or

(b)by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or the second person's child, if the second person is entirely or predominantly dependent on the first person for financial support to meet those living expenses.

Examples—

·coercing a person to relinquish control over assets and income;

·removing or keeping a family member's property without permission, or threatening to do so;

·disposing of property owned by a person, or owned jointly with a person, against the person's wishes and without lawful excuse;

·without lawful excuse, preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses;

·preventing a person from seeking or keeping employment;

·coercing a person to claim social security payments;

·coercing a person to sign a power of attorney that would enable the person's finances to be managed by another person;

·coercing a person to sign a contract for the purchase of goods or services;

·coercing a person to sign a contract for the provision of finance, a loan or credit;

·coercing a person to sign a contract of guarantee;

·coercing a person to sign any legal document for the establishment or operation of a business.

7Meaning of emotional or psychological abuse

For the purposes of this Act, emotional or psychological abuse means behaviour by a person towards another person that torments, intimidates, harasses or is offensive to the other person.

Examples—

·repeated derogatory taunts, including racial taunts;

·threatening to disclose a person's sexual orientation to the person's friends or family against the person's wishes;

·an adult child repeatedly denigrating an elderly parent's sexual orientation, including by telling them it is wrong to be same-sex attracted and that they must change or the adult child will no longer support them;

·threatening to withhold a person's medication;

·preventing a person from making or keeping connections with the person's family, friends or culture, including cultural or spiritual ceremonies or practices, or preventing the person from expressing the person's cultural identity;

·threatening to commit suicide or self-harm with the intention of tormenting or intimidating a family member, or threatening the death or injury of another person.

8Meaning of family member

(1)For the purposes of this Act, a family member, in relation to a person (a relevant person), means—

(a)a person who is, or has been, the relevant person's spouse or domestic partner; or

(b)a person who has, or has had, an intimate personal relationship with the relevant person; or

(c)a person who is, or has been, a relative of the relevant person; or

(d)a child who normally or regularly resides with the relevant person or has previously resided with the relevant person on a normal or regular basis; or

(e)a child of a person who has, or has had, an intimate personal relationship with the relevant person.

(2)For the purposes of subsections (1)(b) and (1)(e), a relationship may be an intimate personal relationship whether or not it is sexual in nature.

(3)For the purposes of this Act, a family member of a person (the relevant person) also includes any other person whom the relevant person regards or regarded as being like a family member if it is or was reasonable to regard the other person as being like a family member having regard to the circumstances of the relationship, including the following—

(a)the nature of the social and emotional ties between the relevant person and the other person;

(b)whether the relevant person and the other person live together or relate together in a home environment;

(c)the reputation of the relationship as being like family in the relevant person's and the other person's community;

(d)the cultural recognition of the relationship as being like family in the relevant person's or other person's community;

(e)the duration of the relationship between the relevant person and the other person and the frequency of contact;

(f)any financial dependence or interdependence between the relevant person or other person;

(g)any other form of dependence or interdependence between the relevant person and the other person;

(h)the provision of any responsibility or care, whether paid or unpaid, between the relevant person and the other person;

(i)the provision of sustenance or support between the relevant person and the other person.

Example

A relationship between a person with a disability and the person's carer may over time have come to approximate the type of relationship that would exist between family members.

(4)For the purposes of subsection (3), in deciding whether a person is a family member of a relevant person the relationship between the persons must be considered in its entirety.

9Meaning of domestic partner

(1)For the purposes of this Act, domestic partner of a person means—

(a)a person who is in a registered relationship within the meaning of the Relationships Act 2008 with the person; or

(b)an adult to whom the person is not married but with whom the person is in a relationship as a couple where one or each of the persons provides personal or financial commitment and support of a domestic nature for the support of the other person.

(2)For the purposes of subsection (1)(b), the following is irrelevant—

(a)the genders of the persons;

(b)whether or not the persons are living under the same roof.

(3)Also, for the purposes of subsection (1)(b), a person is not the domestic partner of another person—

(a)if the person provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation, including a government or non-government agency, a body corporate or a charitable or benevolent organisation; or

(b)merely because they are co-tenants.

(4)In deciding whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

10Meaning of relative

(1)For the purposes of this Act, a relative of a person—

(a)means any of the following, whether of the whole blood or half-blood or by marriage, and whether or not the relationship depends on adoption of the person—

(i)the person's father, mother, grandfather or grandmother;

(ii)the person's son, daughter, grandson or granddaughter;

(iii)the person's brother or sister;

(iv)the person's uncle or aunt;

(v)the person's nephew or niece;

(vi)the person's cousin; and

(b)for an Aboriginal or Torres Strait Islander person—includes a person who, under Aboriginal or Torres Strait Islander tradition or contemporary social practice, is the person's relative.

(2)For domestic partners, a relative includes a person who would be a relative if the domestic partners were married to each other.

11Meaning of family violence intervention order, final order and interim order

(1)For the purposes of this Act, a family violence intervention order means—

(a)a final order referred to in subsection (2); or

(b)an interim order referred to in subsection (3).

(2)For the purposes of this Act, a final order is an order made under section 74, 76, 77, 77A or 77B and includes—

(a)an order made under section 74, 76, 77, 77A or 77B as varied under section 100, 119(2)(c) or 173(2); and

(b)an order made under section 74, 76, 77, 77A or 77B as extended under section 106 or 107; and

(c)an order made under section 74, 76, 77, 77A or 77B and confirmed on appeal to the County Court or Supreme Court.

(3)For the purposes of this Act, an interim order is an order—

(a)made under section 53, 53AA or 53AB, including an order made under section 53, 53AA or 53AB as varied under section 100; and

(ab)made under section 60B or 60C, including an order made under section 60B or 60C as varied under section 100; and

(b)made under section 101 that varies a family violence intervention order.

PART 3—POLICE PROTECTION BEFORE COURT

Division 1—Holding powers

12Definitions

In this Division—

directed person means a person who is given a direction under section 14;

police gaol has the meaning given in the Corrections Act 1986.

13Criteria for exercise of powers

(1)Subject to subsection (2), a police officer may exercise a power under this Division in relation to a person if the police officer—

(a)intends to make an application for one of the following against the person—

(i)a family violence intervention order;

(ii)an order varying a family violence intervention order;

(iii)a family violence safety notice; or

(b)reasonably believes that a family violence intervention order has been made or family violence safety notice has been issued against the person but not served, and the police officer intends to serve a copy of the order or notice on the person.

(2)The police officer must not exercise the power unless—

(a)the officer has reasonable grounds for suspecting that the person is an adult; and

(b)the 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.

13ACriteria for exercise of powers—recognised DVOs

(1)Subject to subsection (2), a police officer may exercise a power under this Division in relation to a person if the police officer—

(a)intends to make an application against the person for an order varying a recognised DVO; or

(b)reasonably believes that the person is a respondent to a recognised DVO and the police officer—

(i)intends to obtain a copy of the recognised DVO; and

(ii)if the recognised DVO has not been served, serve a copy on the person.

(2)The police officer must not exercise the power unless—

(a)the officer has reasonable grounds for suspecting that the person is an adult; and

(b)the 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.

14Direction power

(1)The police officer may direct the person, orally or in writing—

(a)to remain at the place where the person is when the direction is given; or

(b)to go to, and remain at, a place stated by the officer; or

(c)to remain in the company of—

(i)the officer; or

(ii)another police officer stated in the direction; or

(iii)another person (the accompanying person) stated by the officer.

(2)A direction referred to in subsection (1)(c)(iii) may be given only with the accompanying person's consent.

(3)A direction given under this section must be reasonable in the circumstances.

(4)The directing officer must, at the time of giving the direction, inform the directed person, orally or in writing—

(a)that the directed person may be apprehended and detained if the person refuses or fails to comply with the direction; and

(b)that, if the directed person is apprehended and detained, it is an offence to escape or attempt to escape.

15Detention power

(1)If a directed person refuses or fails to comply with a direction under section 14, a police officer may, using the force that is reasonably necessary, apprehend and detain the directed person.

(2)The directed person may be detained at a police station or other place, but may be detained in a police gaol only if the officer considers it necessary to do so for the protection of any person or property, or to prevent the person from escaping from detention.

Note

Section 49E of the Summary Offences Act 1966 makes it an offence to escape or attempt to escape from a place where a person is being lawfully detained.

(3)Nothing in section 479C of the Crimes Act 1958 applies to a person who escapes or attempts to escape from detention under this Division.

16Search of person and seizure of objects

(1)This section applies if a police officer gives a person a direction, or apprehends and detains a person, under this Division.

(2)A police officer may search the person and any vehicle, package or thing in the person's possession if the officer suspects, on reasonable grounds, that the person has in the person's possession any object that may cause injury or damage or may be used to escape.

(2A)If the police officer finds any object that may cause injury or damage or may be used to escape, the police officer may—

(a)if the object is a firearm, weapon or ammunition, issue a direction under section 158; or

(b)in the case of any other object, seize the object.

(2B)An object seized under subsection (2A)(b) must be returned to the person when the direction ends or, if the person is detained, the authorisation for detention ends, unless the object is required as evidence in further proceedings under this Act or another Act.

(3)To remove doubt, for the purposes of subsection (2) a suspicion that searching the person or any vehicle, package or thing in the person's possession would provide evidence that an offence has been or is being committed is not by itself sufficient grounds for conducting the search.

17Procedural requirements for person directed to a police station, or person apprehended and detained

(1)This section applies if—

(a)a person is directed under section 14 to remain at, or go to and remain at, a police station; or

(b)a directed person is apprehended and detained under section 15.

(2)A police officer must—

(a)inform the person that the person—

(i)may communicate or attempt to communicate with a friend or relative (other than the affected family member or protected person) to inform the friend or relative of the person's whereabouts; and

(ii)may communicate or attempt to communicate with a legal practitioner; and

(b)give the person a notice containing the prescribed information about the person's rights and responsibilities under this Division.

(3)A police officer must comply with subsection (2)—

(a)for a person referred to in subsection (1)(a)—as soon as practicable after—

(i)the direction is given, if the person is at a police station when the direction is given; or

(ii)the person arrives at the police station, in any other case; and

(b)for a person referred to in subsection (1)(b)—as soon as practicable after the person is apprehended and detained.

(4)If the person wishes to communicate with a friend, relative or legal practitioner, a police officer must—

(a)afford the person reasonable facilities as soon as practicable to enable the person to do so; and

(b)allow the person's legal practitioner or a clerk of the legal practitioner to communicate with the person in circumstances in which, as far as practicable, the communication will not be overheard.

(5)Nothing in subsection (4) permits the person to communicate with the affected family member or protected person.

(6)If the person does not have sufficient knowledge of the English language to enable the person to understand why the person is subject to a direction or detention, a police officer must arrange for the person to have access to a competent interpreter.

(7)Despite subsection (2) or (4), a police officer is not required to inform a person that the person may communicate or attempt to communicate with a friend or relative, or to afford a person facilities to enable the person to do so, if the officer believes on reasonable grounds that the communication would be likely to jeopardise the safety of the affected family member or protected person or any property of the affected family member or of the protected person.

(7A)If the person is subject to a residence restriction or exclusion condition, a place or area exclusion condition or a curfew condition attached to a community correction order under the Sentencing Act 1991 a police officer must notify the Secretary as soon as practicable that the person has been directed or apprehended and detained under this Act.

(7B)In subsection (7A), curfew condition, place or area exclusion condition and residence restriction or exclusion condition have the same meaning as in the Sentencing Act 1991.

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18Duration of holding powers

(1)The maximum period for which a direction under this Division remains in force or a directed person may be detained under this Division is—

(a)6 hours after the direction is given; or

(b)if an extension is granted under section 19—that period as extended.

(2)Despite subsection (1), in the case of a direction given for the reason in section 13(1)(a) or section 13A(1)(a), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends—

(a)if a family violence intervention order is made or a recognised DVO is varied or a family violence safety notice is issued in respect of the directed person—at the time the order or notice is served on the directed person; or

(b)if a warrant is issued under section 50 to arrest the directed person—at the time the directed person is arrested under the warrant; or

(c)if a police officer decides not to make an application, or withdraws an application, for a family violence intervention order or a variation of a recognised DVO or family violence safety notice against the directed person—at the time of the decision or withdrawal.

(2A)Despite subsection (1), in the case of a direction given for the reason in section 13(1)(b), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends—

(a)if the family violence safety notice or family violence intervention order is served on the directed person—at the time the order or notice is served on the directed person; or

(b)if a police officer becomes aware that a family violence safety notice or family violence intervention order has not been made against the directed person.

(2B)Despite subsection (1), in the case of a direction given for the reason in section 13A(1)(b), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends—

(a)if a police officer obtains a copy of the recognised DVO and that DVO has not been served—at the time the copy of the DVO is served on the directed person; or

(b)if a police officer obtains a copy of the recognised DVO and that DVO has been served—at the time the copy of the recognised DVO is obtained; or

(c)in any case, if a police officer becomes aware that the directed person is not a respondent to a recognised DVO.

(3)If, despite a family violence intervention order or a family violence safety notice or recognised DVO being served on a directed person, or a copy of the recognised DVO being obtained, a police officer believes on reasonable grounds that it is necessary for the direction (and, if applicable, detention) to continue to enable further measures to be taken for the protection of the affected family member or protected person, the direction continues in force and detention (if applicable) is authorised until those measures have been taken or the period referred to in subsection (1) expires, whichever occurs first.

Note

Sections 13 and 13A also require the police officer to believe on reasonable grounds that the continued direction or detention is necessary to ensure the safety of, or preserve any property of, the affected family member or protected person.

(4)Subject to subsection (5), the direction ends if an application for—

(a)a family violence intervention order is refused in respect of the directed person; or

(b)a family violence safety notice is refused in respect of the directed person; or

(c)a warrant under section 50 to arrest a directed person is refused.

(5)If a family violence safety notice or a warrant under section 50 to arrest a directed person is refused but the application for the family violence intervention order has not been withdrawn and the court has not yet determined whether an interim order is necessary or the application for the family violence order has not yet been made but is intended to be made by a police officer, the direction continues in force and detention (if applicable) is authorised until the direction ends under subsection (1), (2), (3) or (4)(a) (as the case may be).

Note

Sections 13 and 13A also require the police officer to believe on reasonable grounds that the continued direction or detention is necessary to ensure the safety of, or preserve any property of, the affected family member or protected person.

19Extension of periods

(1)If a police officer considers it is necessary for a direction or the detention of a directed person under this Division to exceed 6 hours, the officer may apply to the court for an order extending the maximum period of the direction and, if applicable, detention.

(2)An application for an extension order must—

(a)be made within 6 hours after the direction was given to the directed person; and

(b)include any prescribed particulars.

(3)If the court is satisfied that there are exceptional circumstances, the court may make an order extending the maximum period of the direction and, if applicable, detention for a further period specified in the order.

(4)The further period specified under subsection (3) must be a period expiring on or before the expiry of 10 hours after the direction was given to the directed person.

(5)If an order is made under this section, a police officer must serve a copy of the order on the directed person.

(6)This section does not apply if the direction is in relation to an application for a family violence safety notice.

20Telephone or fax application for extension order

(1)A police officer may apply for an order under section 19 by telephone, fax or other electronic communication if—

(a)the application is made—

(i)before 9 a.m. or after 5 p.m. on a weekday; or

(ii)on a Saturday, Sunday or public holiday; or

(b)the officer reasonably believes that it is impracticable to make the application in person.

(2)Before applying by telephone, fax or other electronic communication, the officer must complete an application setting out—

(a)the grounds on which the order is sought; and

(b)any other prescribed particulars.

(3)On an application made by telephone, fax or other electronic communication, the court is not bound by the rules of evidence.

(3A)Despite anything to the contrary in subsection (3), Part 3.10 of the Evidence Act 2008 applies in respect of an application made by telephone, fax or other electronic communication.

(4)If the court makes an order under section 19 on an application made by telephone, fax or other electronic communication, the court must inform the officer of the terms of the order, the period of operation of the order and, if applicable, the venue of the court for the first mention date for the application for the family violence intervention order.

(5)If an order under section 19 is made on an application made by telephone, the officer who made the application must—

(a)complete a form of order in the terms indicated by the court under subsection (4) and must write on it the name of the magistrate who constituted the court that made the order and the date on which and the time at which it was made; and

(b)ensure that the form of order completed by the officer is received at the venue of the court nominated in the order—

(i)before the hearing of the application for the family violence intervention order; or

(ii)otherwise, as soon as practicable.

21Police to notify directed person when direction ceases

When a direction under this Division ends, a police officer must—

(a)immediately notify, orally or in writing, the directed person that the direction has ended; and

(b)if the directed person is detained under this Division, immediately release the directed person from detention; and

(c)take reasonable steps to notify, orally or in writing, the protected person or affected family member that the direction has ended.

22No questioning during holding period

(1)While a direction is in force under this Division a police officer must not interview or question the directed person in relation to any offence or alleged offence.

(2)Subsection (1) applies whether or not the directed person is in detention under this Division.

23Court may hear directed person or affected family member or protected person

(1)The court may, if practicable, hear a directed person or an affected family member or protected person on the hearing of an application for a family violence intervention order against the directed person or an application for an extension order under section 19, including an application made in accordance with section 20.

(2)Subsection (1) applies whether or not the directed person is in detention under this Division.

Division 2—Family violence safety notices

24Application for family violence safety notice

A police officer who responds in person to an incident involving family violence may apply to another police officer, who is of the rank of Sergeant or a higher rank, for a family violence safety notice if—

(a)the police officer has reasonable grounds for suspecting the respondent is an adult; and

(b)the police officer has no reasonable grounds for suspecting the respondent has a cognitive impairment; and

(c)the police officer has no reasonable grounds for suspecting there is a Family Law Act order or child protection order in force that may be inconsistent with the proposed terms of the family violence safety notice, after making reasonable enquiries of the respondent, the affected family member and any other adults at the scene of the incident; and

(d)the police officer believes on reasonable grounds there is no family violence intervention order in place between the affected family member and respondent; and

(da)the police officer has no reasonable grounds for suspecting there is a community correction order under the Sentencing Act 1991 in force that may be inconsistent with the proposed terms of the family violence safety notice; and

(e)the police officer believes on reasonable grounds that, until an application for a family violence intervention order can be decided by the court, a family violence safety notice is necessary—

(i)to ensure the safety of the affected family member; or

(ii)to preserve any property of the affected family member; or

(iii)to protect a child who has been subjected to family violence committed by the respondent.

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25How an application may be made

An application for a family violence safety notice may be made—

(a)in person; or

(b)by fax or telephone or other electronic communication.

26Decision about family violence safety notice

(1)A police officer of the rank of Sergeant or a higher rank who receives an application for a family violence safety notice may issue a family violence safety notice if—

(a)the police officer believes on reasonable grounds there is no family violence intervention order in place between the affected family member and respondent; and

(b)the police officer believes on reasonable grounds that issuing the notice is necessary—

(i)to ensure the safety of the affected family member; or

(ii)to preserve any property of the affected family member; or

(iii)to protect a child who has been subjected to family violence committed by the respondent.

(2)Before making a decision under subsection (1), the police officer making the decision—

(a)must hear the police officer responding to the incident; and

(b)must be satisfied that the grounds on which the police officer responding to the incident formed an opinion about the matters referred to in section 24(a), (b), (c) and (d) are reasonable; and

(c)may, if practicable, hear the respondent or the affected family member.

26AIssue of family violence safety notice if recognised DVO in place

(1)A police officer may issue a family violence safety notice for the protection of a person against a respondent whether or not there is a recognised DVO in relation to the same respondent and protected person.

(2)If a police officer believes there may be a recognised DVO made by a court of any jurisdiction in relation to the same respondent and protected person, the police officer must before the first mention date, make reasonable enquiries to determine whether there is a recognised DVO in relation to the same respondent and protected person.

27Form of family violence safety notice

(1)If a police officer issues a family violence safety notice under section 26 on an application made in person, the police officer must—

(a)include in the notice matters referred to in section 32; and

(b)make the notice on oath or by affirmation 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)complete a form (an authorisation form) that contains the following information—

(i)the names of the respondent and protected person;

(ii)the name, rank and station of the police officer who made the application;

(iii)a brief statement of the reasons for issuing the family violence safety notice;

(iv)the conditions of the family violence safety notice; and

(b)certify the authorisation form; and

(c)inform the officer who made the application of the terms of the authorisation form referred to in paragraph (a)(iii) and (iv).

(3)If a family violence safety notice is issued on an application made by telephone, fax or other electronic communication, the police officer who made the application must—

(a)complete a form (a safety notice form) that includes the information referred to in section 32; and

(b)certify the safety notice form.

28Procedure if safety notice form completed

(1)This section applies if a family violence safety notice is issued on an application made by telephone, fax or other electronic communication and a safety notice form is completed.

(2)As soon as practicable after the issue of the family violence safety notice a police officer of the rank of Sergeant or a higher rank must—

(a)check the authorisation form and safety notice form to ensure the forms are consistent; and

(b)if there are any material discrepancies between the forms, correct the safety notice form to ensure it accurately reflects the conditions included in the authorisation form and sufficiently identifies the respondent and protected person; and

(c)certify the safety notice form as being consistent with the authorisation form, as corrected under paragraph (b) if necessary.

Note

See section 34 which provides for the service of the corrected notice and the filing of the corrected notice with the Magistrates' Court.

(3)For the purposes of subsection (2), there is a material discrepancy between an authorisation form and a safety notice form if—

(a)the safety notice form omits a condition included in the authorisation form; or

(b)the safety notice form includes an additional condition to the conditions included in the authorisation form; or

(c)the safety notice form changes the scope of a condition in the authorisation form so that it requires the respondent to do something or refrain from doing something that is not set out in the authorisation form; or

(d)the respondent named in the safety notice form is not the respondent named in the authorisation form; or

(e)the protected person named 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.

29Conditions of family violence safety notice

(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.

(2)On and from the commencement day, the complaint or application may be dealt with under the new Act as an application for a family violence intervention order or the variation, revocation or extension of an order as if it were an application made under that Act.

(3)Section 7A(2) of the repealed Act continues to apply to a police officer in relation to a complaint or application made by that police officer under the repealed Act, or in relation to the police officer representing another police officer at a hearing in accordance with section 7A(1) of that Act, as if section 7A of the repealed Act had not been repealed.

219Proceedings

(1)This section applies if, immediately before the commencement day—

(a)proceedings for an intervention order or interim intervention order, or the variation, revocation or extension of an order, had started but had not yet been finalised ; or

(b)an appeal under section 20 or 21 of the repealed Act had been started but had not yet been finalised; or

(c)proceedings for an offence against section 22 of the repealed Act had started but had not yet been finalised.

(2)The proceeding may continue under the repealed Act as if that Act had not been repealed.

220Interim intervention order

(1)This section applies if, immediately before the commencement day—

(a)an interim intervention order had been made in relation to a complaint for an intervention order; but

(b)proceedings for the final hearing of the complaint had not yet started.

(2)The proceedings for the final hearing of the complaint may proceed under the new Act as if it were an application under that Act and the interim intervention order were an interim order made under that Act.

221Acts committed before commencement day relevant

(1)This section applies if—

(a)after the commencement day, a person (the first person) applies for a family violence intervention order against another person (the second person); and

(b)before the commencement day, the first person and second person were not considered family members under the repealed Act.

(2)Family violence committed before the commencement day may be taken into account by the court in deciding whether to make a family violence intervention order for the first person against the second person.

222Protection for protected person applies to acts committed before commencement day

(1)This section applies if—

(a)an aggrieved family member aided, abetted, counselled or procured the commission of an offence against the repealed Act because the aggrieved family member encouraged, permitted or authorised conduct by the accused that breached an intervention order under the repealed Act; and

(b)immediately before the commencement day the person had not been charged under section 52 of the Magistrates' Court Act1989 with the offence or, if the person had been charged under that section, the charge had not been dealt with.

(2)On and from the commencement day—

(a)section 125 of the new Act applies to the person; and

(b)the person cannot be charged with an offence under section 52 of the Magistrates' Court Act 1989 for the aiding, abetting, counselling or procuring or, if the person has already been charged, the charge must be withdrawn.

223Interstate and New Zealand orders

(1)An interstate summary protection order registered in the court immediately before the commencement day is taken, on and from the commencement day, to be a corresponding interstate order registered under the new Act.

(2)A New Zealand protection order registered in the court immediately before the commencement day is taken, on and from the commencement day, to be a corresponding New Zealand order registered under the new Act.

Division 3—Validation provision

224Validation of certain interstate orders

(1)This section applies to an order made under a law of another State or a Territory and registered under section 18AA of the Crimes (Family Violence) Act 1987 before the commencement of this section.

(2)An order referred to in subsection (1)—

(a)is taken to be an interstate summary protection order within the meaning of section 3(1) of the Crimes (Family Violence) Act 1987, whether or not the State or Territory law under which the order was made had been declared by Order of the Governor in Council; and

(b)to the extent that it is taken to be an interstate summary protection order, is taken to have been validly registered under section 18AA of the Crimes (Family Violence) Act 1987.

Division 4—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

224ATransitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

(1)Section 20(3A) applies to an application for an interim order made under section 20 on or after the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009.

(2)Sections 65 and 67, as amended by the Statute Law Amendment (Evidence Consequential Provisions) Act 2009, do not apply to a hearing in a proceeding that commenced before the day that Act commenced and that—

(a)continued on or after that day; or

(b)was adjourned until that day or a day after that day.

Division 5—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010

224BTransitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010

(1)Despite the commencement of section 28 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters)
Act 2010, section 107, as in force before that commencement, continues to apply to an interim order made under section 107 before that commencement.

(2)Despite the commencement of section 29 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010, section 122, as in force immediately before that commencement, continues to apply in respect of an application for a rehearing that was made but not determined before that commencement.

(3)Section 171A does not apply to a hearing in a proceeding that commenced before the day section 33 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 commenced and that—

(a)continued on or after that day; or

(b)was adjourned until that day or a day after that day.

Division 6—Personal Safety Intervention Orders Act 2010

224CTransitional provisions—Personal Safety Intervention Orders Act 2010

(1)Section 53(3), inserted by section 200 of the Personal Safety Intervention Orders Act 2010, applies on and from that commencement to all applications for family violence intervention orders.

(2)Section 65, as amended by section 201 of the Personal Safety Intervention Orders Act 2010, applies to a hearing in relation to an application that was made on or after the commencement of that section 201.

(3)Section 74, as amended by section 203 of the Personal Safety Intervention Orders Act 2010, applies in relation to an application for a final order that was made on or after the commencement of that section 203.

(4)Section 74(3), as inserted by section 203 of the Personal Safety Intervention Orders Act 2010, applies on and from that commencement to all applications for family violence intervention orders.

(5)The first report under section 200 given after the commencement of section 207 of the Personal Safety Intervention Orders Act 2010 by each of the Magistrates' Court and the Children's Court must also include the number of orders made under Part 11 in the period commencing on 8 December and finishing on 31 December in the year before that to which the report relates.

(6)The amendments made by Division 2 of Part 14 of the Personal Safety Intervention Orders Act 2010 only apply to applications for family violence intervention orders made on or after the commencement of that Division.

(7)If, before the commencement of Division 2 of Part 14 of the Personal Safety Intervention Orders Act 2010, an application was made under section 189 for an order declaring a person to be a vexatious litigant, Part 11, as in force immediately before that commencement, continues to apply to the determination of the application.

(8)If—

(a)before the commencement of Division 2 of Part 14 of the Personal Safety Intervention Orders Act 2010; or

(b)after the hearing of an application referred to in subsection (5)—

the court made or makes an order under section 193 declaring a person to be a vexatious litigant, on and from the commencement day or on and from making the order (as the case requires), the order is taken to provide that the person must not make an application for a personal safety intervention order, or the variation, revocation or extension of a personal safety intervention order, in relation to the person stated in the vexatious litigant order or the person's children.

Division 7—Justice Legislation (Family Violence and Other Matters) Act 2012

224DTransitional provisions—Justice Legislation (Family Violence and Other Matters) Act 2012

(1)Part 5 as amended by Part 2 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to an application for a family violence intervention order made to a venue of the Magistrates' Court after the date on which the notice specifying that venue of the Court for the purposes of the definition of relevant court in section 126 is published in the Government Gazette.

(2)Section 31(3) as amended by section 4 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to a family violence safety notice issued on or after the commencement of section 4 of that Act.

(3)Section 37A as inserted by section 6 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to a contravention of a family violence safety notice that occurs on or after the commencement of section 6 of that Act, irrespective of when the family violence safety notice was issued.

(4)Section 123A as inserted by section 9 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to a contravention of a family violence intervention order that occurs on or after the commencement of section 9 of that Act, irrespective of when the family violence intervention order was made.

(5)Section 125A as inserted by section 11 of the Justice Legislation (Family Violence and Other Matters) Act 2012 applies to contraventions of a family violence safety notice or a family violence intervention order that occur on or after the commencement of section 11 of that Act, irrespective of when the family violence safety notice or family violence intervention order was made.

Division 8—Children, Youth and Families Amendment Act 2013

225Transitional provision—Children, Youth and Families Amendment Act 2013

Section 147A as inserted by section 66 of the Children, Youth and Families Amendment Act2013 applies to an application under this Act made on or after the commencement of section 66 of that Act.

Division 9—Family Violence Protection Amendment Act 2014

226Transitional provisions—Family Violence Protection Amendment Act 2014

*                *                *                *                *

(2)Section 31 as amended by section 6 of the Family Violence Protection Amendment Act 2014 applies only to family violence safety notices issued on or after the commencement of section 6 of that Act.

Division 10—National Domestic Violence Order Scheme Act 2016

227Transitional provisions—National Domestic Violence Order Scheme Act 2016

(1)This section applies to a corresponding interstate order that, immediately before the commencement of section 77 of the National Domestic Violence Order Scheme Act 2016, was registered under Division 1 of Part 10.

(2)Despite the repeal of Division 1 of Part 10, this Act continues to apply in relation to the corresponding interstate order unless or until the earlier of the following occurs—

(a)the corresponding interstate order becomes a recognised DVO in the jurisdiction in which the interstate order was made;

(b)the corresponding interstate order is—

(i)declared to be a recognised DVO under section 39 of the National Domestic Violence Order Scheme Act 2016; or

(ii)declared by a registrar of a court of another participating jurisdiction to be a recognised DVO under a corresponding DVO recognition law.

(3)The corresponding interstate order is not a local DVO for the purposes of the National Domestic Violence Order Scheme Act 2016.

(4)On and after the corresponding interstate order becoming a recognised DVO or being declared to be a recognised DVO, the National Domestic Violence Order Scheme Act 2016 applies in relation to the corresponding interstate order as if it were a non-local DVO that is a recognised DVO.

Division 11—Family Violence Protection Amendment Act 2017

228Definitions

In this Division—

amending Act means the Family Violence Protection Amendment Act 2017.

228AFamily violence intervention orders for protection of children

(1)This Act as amended by Division 1 of Part 2 of the amending Act applies to a proceeding for a family violence intervention order that—

(a)commences on or after the commencement of that Division; or

(b)had been commenced but not determined before the commencement of that Division.

(2)If, before the commencement of Division 1 of Part 2 of the amending Act, an interim order was made under section 53(1)(a)(iii) in relation to a child who was not an affected family member, on and after that commencement, the interim order is taken to have been made under section 53AB.

(3)If, before the commencement of Division 1 of Part 2 of the amending Act, a final order was made under section 77(2) in relation to a child who was not an affected family member, on and after that commencement, the final order is taken to have been made under section 77B.

229Appeals

Sections 118A and 118B apply to an appeal filed on or after the commencement of section 33 of the amending Act.

229AExplanations of orders

(1)This Act as amended by Division 2 of Part 2 of the amending Act applies to a proceeding for a family violence intervention order that—

(a)commences on or after the commencement of that Division; or

(b)had been commenced but not determined before the commencement of that Division.

(2)Section 123 as in force immediately before the commencement of Division 2 of Part 2 of the amending Act continues to apply to a contravention of a family violence intervention order that was made before that commencement.

(3)Section 123A as in force immediately before the commencement of Division 2 of Part 2 of the amending Act continues to apply to a contravention of a family violence intervention order that was made before that commencement.

230Approval of counselling

On and after the commencement of section 37 of the amending Act, any counselling that, immediately before that commencement, was approved by the Secretary under section 133(2), is taken to be approved counselling within the meaning of section 126 as if it had been approved by the Chief Executive Officer.

230AReview of amendments to first mention date for family violence safety notices

(1)The Minister must cause an independent review to be conducted into the operation of section 31(3) as amended by section 32 of the amending Act for the period commencing on the day on which section 32 of the amending Act comes into operation and ending on the day that is 2 years later.

(2)The Minister must cause a copy of the review to be laid before each House of the Parliament within 6 months after the end of the 2 year period.

(3)The review must give particular consideration to any unintended or adverse effects of the amendments made to section 31(3) by section 32 of the amending Act, including any increased risk to affected family members.

231Alternative service

The amendments made to this Act by Division 3 of Part 2 of the amending Act apply in relation to a proceeding for a family violence intervention order commenced, or an appeal filed, on or after the commencement of that Division.

Division 12—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

232Transitional provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018

The amendments made to sections 209 and 210 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity or operation of any rules of court made under those sections as in force immediately before those amendments.

Division 13—Justice Legislation Miscellaneous Amendment Act 2018

233Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018

This Act as amended by section 59 of the Justice Legislation Miscellaneous Amendment Act 2018 applies to a family violence intervention order or a recognised DVO that has effect on or after the commencement of section 59 of that Act, irrespective of when the order was made.

Division 14—Police and Emergency Legislation Amendment Act 2020

234Transitional provision—Police and Emergency Legislation Amendment Act 2020

Section 205A as inserted by section 11 of the Police and Emergency Legislation Amendment Act 2020 applies to an application for a family violence intervention order made on or after the commencement of section 11 of that Act.

Division 15—Family Violence Protection Amendment Act 2025

235Validation of service

(1)This section applies to any of the following orders made by the Magistrates' Court or the Children's Court on or after 15 November 2024 and before the commencement of the Family Violence Protection Amendment Act 2025—

(a)a family violence intervention order;

(b)an order varying a family violence intervention order;

(c)an order extending a family violence intervention order;

(d)an order varying or extending a recognised DVO.

(2)On and after 15 November 2024, if a copy of an order to which this section applies is or was served or purportedly served on a person—

(a)that copy is taken to be, and to always have been, a true copy of that order as made by the Magistrates' Court or the Children's Court, as the case requires; and

(b)any certificate of service completed in respect of that service or purported service is taken to certify, and to always have certified, as to the service of a true copy of that order as made by the Magistrates' Court or the Children's Court, as the case requires; and

(c)for the purposes of sections 201, 202, 202A, 202C and 203, service is not ineffective only because of a failure or purported failure in relation to a matter referred to in paragraph (a) or (b).

(3)Nothing in this section limits section 202A, 202B or 202C.

*                *                *                *                *

*                *                *                *                *

SCHEDULE 1—SPECIFIED PROVISIONS

Section 144QC

1Sections 36(5), 205(2)(b), 206(2), 207(2), 210(2)(b) and 211(2) of the Children, Youth and Families Act 2005

2Section 55 of the Commission for Children and Young People Act 2012

3Section 140 of the Confiscation Act 1997

4Sections 36 and 132ZC of the Disability Act 2006

5Sections 5.3A.10 and 5.3A.14 of the Education and Training Reform Act 2006

6Section 181 of the Firearms Act 1996

7Section 23(2) and (3) of the Human Services (Complex Needs) Act 2009

8Section 178 of the Fines Reform Act 2014

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 26 June 2008

Legislative Council: 21 August 2008

The long title for the Bill for this Act was "A Bill for an Act to make provision for a system of family violence intervention orders and other matters relating to the prevention of family violence, to repeal the Crimes (Family Violence) Act 1987 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 26 June 2008

Legislative Council: 21 August 2008

Absolute majorities:

Legislative Assembly: 21 August 2008

Legislative Council: 12 September 2008

The Family Violence Protection Act 2008 was assented to on 23 September 2008 and came into operation as follows:

Sections 1, 3 and 224 on 24 September 2008: section 3(1); sections 2, 4–223, 233–272 on 8 December 2008: Special Gazette (No. 339) 4 December 2008 page 1; Part 15 (sections 225–232) never proclaimed, repealed by No. 83/2012 section 30.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Family Violence Protection Act 2008 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Family Violence Protection Act 2008, No. 52/2008

Assent Date:	23.9.08
Commencement Date:	S. 272 on 8.12.09: s. 272; s. 207C inserted on 25.4.20 by No. 11/2020 s. 36: s. 2 (as amended by No. 27/2020 s. 32)
Note:	S. 207C repealed Pt 12A (ss 207A–207C) on 26.4.21
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Courts Legislation Amendment (Sunset Provisions) Act 2009, No. 51/2009

Assent Date:	8.9.09
Commencement Date:	S. 5 on 9.9.09: s. 2
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Justice Legislation Further Amendment Act 2009, No. 55/2009

Assent Date:	22.9.09
Commencement Date:	Ss 10–14 on 31.5.10: s. 2(4)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 57) on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 22) on 1.1.10: s. 2(2)
Current State:	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
Current State:	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
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 State:	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 State:	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 State:	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)
Current State:	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 State:	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 State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Justice Legislation Amendment (Family Violence and Other 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 State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Children, Youth 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

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 41) on 1.7.15: Special Gazette (No. 151) 16.6.15 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

Vexatious Proceedings Act 2014, No. 42/2014

Assent Date:	17.6.14
Commencement Date:	Ss 114–125 on 31.10.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Powers of Attorney Act 2014, No. 57/2014

Assent Date:	26.8.14
Commencement Date:	S. 152 on 1.9.15: s. 2(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

Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014

Assent Date:	9.9.14
Commencement Date:	S. 7(13) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Family Violence Protection Amendment Act 2014, No. 77/2014

Assent Date:	21.10.14
Commencement Date:	Ss 3, 5, 6, 17–20, 22, 23 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 56(Sch. 1 item 5) on 17.6.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	Ss 85, 86 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date:	18.10.16
Commencement Date:	Ss 82–87 on 5.4.17: Special Gazette (No. 111) 4.4.17 p. 1; ss 41–81 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Family Violence Protection Amendment Act 2017, No. 19/2017

Assent Date:	16.5.17
Commencement Date:	Ss 41, 62, 63 on 17.5.17: s. 2(1); ss 4–31, 33–40 on 29.3.18: Special Gazette (No. 136) 27.3.18 p. 2; s. 32 on 1.9.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017

Assent Date:	14.6.17
Commencement Date:	Ss 4–17 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1; s. 37 on 12.3.18: s. 2(7)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Bail Amendment (Stage One) Act 2017, No. 26/2017

Assent Date:	27.6.17
Commencement Date:	Ss 17, 18 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Justice Legislation Amendment (Victims) Act 2018, No. 5/2018

Assent Date:	27.2.18
Commencement Date:	Ss 39–41 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 2
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 52) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018

Assent Date:	10.4.18
Commencement Date:	Ss 41, 46, 47 on 11.4.18: Special Gazette (No. 164) 10.4.18 p. 1
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	S. 30 on 15.8.18: s. 2(1); ss 15, 19, 23, 32–34, 39 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1; ss 14(1), 17, 18, 20, 21, 28, 29, 108–111 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1; ss 14(2), 16, 22, 24, 25, 27, 31 on 10.12.19: Special Gazette (No. 514) 10.12.19 p. 1; ss 26, 47 on 1.9.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)

Assent Date:	18.9.18
Commencement Date:	S. 371 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:	25.9.18
Commencement Date:	Ss 58–60 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 15) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 259 on 26.6.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	S. 36 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 32 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Police and Emergency Legislation Amendment Act 2020, No. 29/2020

Assent Date:	27.10.20
Commencement Date:	Ss 10–14 on 3.5.21: s. 2(3); s. 15 on 3.5.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Change or Suppression (Conversion) Practices Prohibition Act 2021, No. 3/2021

Assent Date:	16.2.21
Commencement Date:	S. 64 on 17.2.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	S. 126 on 16.2.22: s. 2(1); ss 89−92 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Justice Legislation Amendment Act 2022, No. 20/2022

Assent Date:	31.5.22
Commencement Date:	S. 36 on 1.6.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Crimes Amendment (Non-fatal Strangulation) Act 2023, No. 37/2023

Assent Date:	5.12.23
Commencement Date:	S. 5 on 13.10.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Youth Justice Act 2024, No. 32/2024

Assent Date:	10.9.24
Commencement Date:	Ss 827–829 on 30.9.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Family Violence Protection Amendment Act 2025, No. 7/2025

Assent Date:	18.3.25
Commencement Date:	S. 3 on 18.3.25: s. 2
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 17) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Family Violence Protection Act 2008

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3   Explanatory details

No entries at date of publication.