Family Violence Protection Regulations 2018 (Vic)
Version No. 001
Family Violence Protection Regulations 2018
S.R. No. 161/2018
Version as at
1 December 2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Definition
5Revocations
6Notice of rights and responsibilities—Form 1
7Time limit to provide report under section 84 of the Act
8Certificate of respondent's non attendance
9Surrender of firearms and weapons
10Disclosure of information by organisations
Schedule 1—Forms
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Family Violence Protection Regulations 2018
S.R. No. 161/2018
Version as at
1 December 2018
1Objective
The objective of these Regulations is to prescribe matters necessary to be prescribed by, and to ensure the effective implementation of, the Family Violence Protection Act 2008.
2Authorising provision
These Regulations are made under section 211 of the Family Violence Protection Act 2008.
3Commencement
These Regulations come into operation on 1 December 2018.
4Definition
In these Regulations—
the Act means the Family Violence Protection Act 2008.
5Revocations
The following Regulations are revoked—
(a)Family Violence Protection Regulations 2008[1];
(b)Family Violence Protection Amendment Regulations 2013[2];
(c)Family Violence Protection Amendment Regulations 2017[3];
(d)Family Violence Protection Amendment Regulations 2018[4].
6Notice of rights and responsibilities—Form 1
For the purposes of section 17(2)(b) of the Act, the prescribed information is the information set out in Form 1 in Schedule 1.
7Time limit to provide report under section 84 of the Act
For the purposes of section 84(2)(a) of the Act, the prescribed time is 7 days.
8Certificate of respondent's non attendance
For the purposes of section 139(2) of the Act, the prescribed form is—
(a)if the certificate relates to an order under section 129 of the Act, Form 2 in Schedule 1; or
(b)if the certificate relates to an order under section 130 of the Act, Form 3 in Schedule 1.
9Surrender of firearms and weapons
(1)For the purposes of section 158(3) of the Act, in the case of an oral direction under section 158(2)(a) of the Act, the following particulars are prescribed—
(a)if the police officer issuing the direction is not in uniform, the police officer's name and rank;
(b)a statement that it is an offence to fail to comply with a lawful direction.
(2)For the purposes of section 158(3) of the Act, in the case of a written notice under section 158(2)(b) of the Act, the following particulars are prescribed—
(a)the name of the person who is given the direction;
(b)the address (if known) of the person who is given the direction;
(c)the date of birth (if known) of the person who is given the direction;
(d)the name, rank and station of the police officer issuing the direction;
(e)a statement that the direction is issued under section 158(2)(b) of the Family Violence Protection Act 2008;
(f)the date and time at which the direction is given;
(g)the place at which the firearm, firearms authority, ammunition or weapon is to be surrendered;
(h)a statement that the firearm, firearms authority, ammunition or weapon must be surrendered by the specified time (if any) or otherwise within 48 hours of the direction being given to the person;
(i)a description of the firearm, firearms authority, ammunition or weapon to be surrendered (if known), including identifiers such as the model and serial number;
(j)a statement that it is an offence under section 158(4) of the Act to fail to comply with the direction punishable by a maximum of—
(i)in the case of a failure to surrender a firearm, 60 penalty units; and
(ii)in the case of a failure to surrender a firearms authority, ammunition or a weapon, 30 penalty units.
10Disclosure of information by organisations
For the purposes of section 207(1)(a) of the Act, the prescribed way to apply is in writing, setting out the following information—
(a)the name of the organisation to which the application is made;
(b)the date of the application;
(c)the name, rank, registered number, station and contact telephone number of the police officer making the application;
(d)the name of the respondent;
(e)the respondent's date of birth (if known);
(f)the respondent's gender;
(g)that the request is made under section 207 of the Family Violence Protection Act 2008;
(h)that if the organisation has the information requested in the application the organisation must give the police officer the information.
Schedule 1—Forms
FORM 1
Regulation 6
FAMILY VIOLENCE PROTECTION ACT 2008 (SECTION 17) INFORMATION ON HOLDING POWERS FOR A DIRECTED OR TEMPORARILY DETAINED PERSON
Time: Date: Station:
Name: [insert name of person directed or detained]
You have been directed or detained under the holding power provisions in Division 1 of Part 3 of the Family Violence Protection Act 2008. You have been either—
·directed to remain at, or go to and remain at, a police station; or
·apprehended and detained at a police station or other specified place.
Why you have been directed or detained
You have been directed because a police officer—
·intends to apply for a family violence safety notice, a family violence intervention order, or an order varying a family violence intervention order or a recognised DVO; or
·reasonably believes that a family violence intervention order or a family violence safety notice has been made against you that has not been served and intends to serve a copy of the order or notice on you; or
·reasonably believes that a recognised DVO has been made against you and intends to obtain a copy of the order and, if the order has not been served, serve a copy of the order on you.
The police officer can only direct you if the officer also—
·reasonably suspects that you are an adult; and
·reasonably believes that your direction is necessary to ensure the safety of a family member or to protect a family member's property.
If you have been detained it is because you refused or failed to obey a direction of a police officer.
You are not under arrest if you have been detained. A police officer may use reasonable force to apprehend and detain you. It is an offence to escape or attempt to escape from the place where you are detained, and the penalty is 2 years imprisonment.
How long can I be directed or detained?
The police may direct or detain you for up to 6 hours. The direction or detention will end when police either serve you with a copy of a family violence safety notice, a family violence intervention order or a recognised DVO or arrest you under a warrant, provided that police reasonably believe that necessary protection is in place for an affected family member. The direction or detention may also end when—
·a magistrate refuses to grant a warrant or order under the Family Violence Protection Act 2008; or
·a police officer obtains a copy of a recognised DVO; or
·a police officer becomes aware that a family violence safety notice, a family violence intervention order or a recognised DVO has not been made against you; or
·a police officer decides not to proceed with an application for an order under the Family Violence Protection Act 2008.
The period of direction or detention may, in exceptional circumstances, be extended by a court to a total period not exceeding 10 hours. Before granting an extension the court will hear your views, if practicable. If an extension is granted you will receive a copy of the order which will show the time at which the direction or detention expires.
The court cannot grant any extension if the police are applying for a family violence safety notice.
You will be informed immediately when your direction or detention ends.
While you are directed or detained
·Police can search you, and any vehicle, package or thing in your possession if they have reasonable grounds to suspect that you have any object in your possession that may cause injury or damage or may be used to escape.
·Police must not question or interview you about any offence or alleged offence.
·You may communicate, or attempt to communicate, with a lawyer. Police will arrange facilities to enable you to communicate with a lawyer or lawyer's clerk, and if practicable, arrangements will be made so you cannot be overheard.
·You may communicate or attempt to communicate with a friend or relative to tell them of your whereabouts. Police will provide reasonable facilities to do this as soon as practicable. However you may not communicate with a friend or relative if police reasonably believe that the communication would be likely to jeopardise the safety of an affected family member or his or her property.
·You are not allowed, under any circumstances, to communicate with an affected family member while you are directed or detained.
Police officer providing information
Signature:
Name:
Rank/Registered number:
FORM 2
Regulation 8(a)
FAMILY VIOLENCE PROTECTION ACT 2008 (SECTION 139)
| CERTIFICATE OF NON ATTENDANCE AT ASSESSMENT INTERVIEW |
Case Number: |
Applicant: |
Respondent: |
1.I, [name of the counselling assessor at the relevant location], am a counselling assessor within the meaning of section 129 of the Family Violence Protection Act 2008.
2.On [date] the Magistrates' Court at [venue] made an order requiring the respondent to attend an interview with me for the purposes of preparing a report. The order directed the respondent to attend at [time] on [date] at [place].
3.*[delete if not applicable]
On [date] the Magistrates' Court at [venue] varied the order and directed the respondent to attend an interview for the purpose of preparing a report at [time] on [date] at [place].
4.The respondent failed to attend the interview.
Signed—
[name]
Date—
FORM 3
Regulation 8(b)
FAMILY VIOLENCE PROTECTION ACT 2008 (SECTION 139)
| CERTIFICATE OF NON ATTENDANCE AT COUNSELLING | |
Case Number: | |
Applicant: | |
Respondent: | |
1.I, [name of authorised person OR name of person authorised by body specified in order to provide counselling] am the authorised representative of [name of counselling organisation OR person specified in the order].
2.On [date] the Magistrates' Court at [venue] made an order requiring the respondent to attend counselling provided by [name of person or body specified in the order] at [time] on [date] at [place].
3.*[delete if not applicable]
On [date] the Magistrates' Court at [venue] varied the order and directed the respondent to attend counselling at [time] on [date] at [place].
4.On [date], [name of person or body providing the counselling] gave the respondent reasonable written notice of the time and place at which each subsequent counselling session would be conducted.
5.The subsequent counselling sessions were to take place at [place] on [dates] and [times].
6.The respondent failed to attend counselling at [time] on [date] at [place] as directed.
Signed—
[name]
Date—
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Family Violence Protection Regulations 2018, S.R. No. 161/2018 were made on 16 October 2018 by the Governor in Council under section 211 of the Family Violence Protection Act 2008, No. 52/2008 and came into operation on 1 December 2018: regulation 3.
The Family Violence Protection Regulations 2018 will sunset 10 years after the day of making on 16 October 2028 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Family Violence Protection Regulations 2018 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 5(a): S.R. No. 153/2008 as amended by S.R. Nos 40/2013, 112/2017 and 36/2018.
[2] Reg. 5(b): S.R. No. 40/2013.
[3] Reg. 5(c): S.R. No. 112/2017.
[4] Reg. 5(d): S.R. No. 36/2018.
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