Family Violence Protection Amendment Act 2025 (Vic)

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Family Violence Protection Amendment Act 2025

No. 7 of 2025

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3New Division 15 inserted

4Repeal of this Act

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Endnotes

1     General information

Family Violence Protection Amendment Act 2025

No. 7 of 2025

[Assented to 18 March 2025]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Family Violence Protection Act 2008 to rectify defects in certain copies of family violence intervention orders served or purportedly served on or after 15 November 2024.

2Commencement

This Act comes into operation on the day on which it receives the Royal Assent. 

3New Division 15 inserted

After section 234 of the Family Violence Protection Act 2008 insert

"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.".

4Repeal of this Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

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


Minister's second reading speech—

Legislative Assembly: 18 March 2025

Legislative Council: 18 March 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Family Violence Protection Act 2008 in relation to service of certain orders and for other purposes."

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