Magistrates' Court (Family Violence Protection) and (Personal Safety Intervention Orders) Amendment Rules 2019 (Vic)
Magistrates' Court (Family Violence Protection) and (Personal Safety Intervention Orders) Amendment Rules 2019
S.R. No. 59/2019
TABLE OF PROVISIONS
Rule Page
Part 1—Preliminary
1Object
2Authorising provisions
3Commencement
Part 2—Amendment of Magistrates' Court (Family Violence Protection) Rules 2018
4Form 1A substituted
5Form 1B substituted
6Form 2 substituted
Part 3—Amendment of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011
7Certificates may be filed by facsimile
8Venue of Court
9Form 2 substituted
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Endnotes
STATUTORY RULES 2019
S.R. No. 59/2019
Magistrates' Court Act 1989
Family Violence Protection Act 2008
Personal Safety Intervention Orders Act 2010
Magistrates' Court (Family Violence Protection) and (Personal Safety Intervention Orders) Amendment Rules 2019
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
Part 1—Preliminary
1Object
The object of these Rules is—
(a)to amend the Magistrates' Court (Family Violence Protection) Rules 2018 to incorporate changes arising out of—
(i)recommendations made by the Royal Commission into Family Violence and Judge Gray following Judge Gray's investigation into the death of Luke Batty; and
(ii)the enactment of the Oaths and Affirmations Act 2018; and
(b)to amend the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011 to incorporate changes arising out of—
(i)amendments made by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018; and
(ii)the enactment of the Oaths and Affirmations Act 2018.
2Authorising provisions
These Rules are made under section 209 of the Family Violence Protection Act 2008, and under section 183 of the Personal Safety Intervention Orders Act 2010, and under section 16(1D) and (1E) of the Magistrates' Court Act 1989 and all other enabling powers.
3Commencement
These Rules come into operation on 12 July 2019.
Part 2—Amendment of Magistrates' Court (Family Violence Protection) Rules 2018
4Form 1A substituted
For Form 1A of the Magistrates' Court (Family Violence Protection) Rules 2018[1] substitute—
'Form 1A—Explanation of interim family violence intervention order
Rule 11.02
INFORMATION SHEET—INTERIM INTERVENTION ORDER
An Interim Family Violence Intervention Order has been made against
"the respondent".
The person this Order protects is called "the protected person". Children can be included as protected people because being around family violence can cause children serious harm.
1.The Court has made this Interim Order to stop harmful behaviour and protect people. The law gives the Court the power to make this Order because the community values safe and respectful relationships.
2.This Interim Order makes rules (conditions) for the respondent to obey. It says the respondent must not behave in certain ways, be around certain people or go to certain places.
3.If the rules in this Interim Order are broken, it is a crime and the respondent may be arrested and charged. The respondent could go to prison or receive another kind of penalty.
4.Only the Court can change ("vary") or cancel ("revoke") the Order.
The respondent must not pressure the protected person to change or cancel the Order.
It is a breach of the Interim Order to do so.
5.This Interim Order is made against the respondent, so the respondent must obey it. Even if someone asks the respondent to do something that breaks the rules in the Interim Order, the respondent must still obey the Order.
6.The respondent must not use someone else, including family, to do things on their behalf that the Interim Order says they cannot do.
7.If the protected person and respondent have children this Interim Order may affect whether the respondent can spend time with them. Speak to a lawyer about what the Order says.
8.If you have orders from another court, this Interim Order may affect them. Speak to a lawyer about what the Interim Order says.
9.If the respondent has firearms or weapons, they may not be allowed to keep them. Check to see what the Interim Order says.
10. This Interim Order will say how long it lasts and when you may need to return to court. Check to see what it says. The interim Order is in place until a court can decide on whether to make a Final Order.
11. Any Intervention Order is recognised throughout Australia.
Read the Interim Order more than once and get advice about anything you don't understand.
Police cannot give you legal advice.
For more information:
Victoria Legal Aid or 1300 792 387
Victorian Aboriginal Legal Service or 1800 064 865
Djirra or 1800 105 303
Men's Referral Service or 1300 766 491
FV support and information or 1800 015 188
Children, including unborn babies, can be harmed by family violence. This includes:
· Children knowing that it is happening even if they are not there at the time.
· Children seeing damaged property or injured people.
· Children knowing one parent is afraid of, or controlled by, the other.
· Children knowing that the family is controlled by one parent's behaviour and moods.
· Children intervening to protect a parent or calm one down.
Family violence includes a wide range of behaviours. Below are some examples.
| Behaviour | Some examples |
| Physical violence | · Hitting, punching, pushing, pulling, kicking, choking |
| Sexual violence | · Pressuring someone into sexual acts; rape · Pressuring them to watch or join in pornography |
| Property damage | · Breaking or damaging someone's property or belongings, including jointly owned property or belongings |
| Economic violence | · Controlling someone's money against their will · Forcing someone to pay or give money to others or taking money · Stopping someone from working · Forcing or tricking someone to take on debts · Using dowry or family finance issues to control someone |
| Emotional, social or psychological violence | · Making someone feel that no one cares or will help them · Name calling or put downs · Making someone fear for their safety · Taunting someone about sexuality or gender identity · Sending abusive messages via phone, email or social media or monitoring what someone does online · Harming or killing pets |
| Threats | · To harm people (including themselves), property, or pets · To take children away or to have them taken by others, such as immigration authorities or Child Protection Services · To disclose someone's sexuality or gender identity · To post or send images held on a phone or device · To use family members to add pressure · To get someone deported |
| Coercing, controlling, dominating or terrorising | · Intimidating, bullying, frightening · Controlling where someone goes, what they wear or eat, when they sleep, who they can see · Stopping someone from seeing or speaking to others · Withholding mobility aids, disability equipment or medication · Forcing someone to marry without their consent |
'.
5Form 1B substituted
For Form 1B of the Magistrates' Court (Family Violence Protection) Rules 2018 substitute—
'Form 1B—Explanation of final family violence intervention order
Rule 11.03
INFORMATION SHEET—FINAL INTERVENTION ORDER
A Final Family Violence Intervention Order has been made against
"the respondent".
The person this Final Order protects is called "the protected person". Children can be included as protected people because being around family violence can cause children serious harm.
1.The Court has made this Final Order to stop harmful behaviour and protect people. The law gives the Court the power to make this Order because the community values safe and respectful relationships.
2.This Final Order makes rules (conditions) for the respondent to obey. It says the respondent must not behave in certain ways, be around certain people or go to certain places.
3.If the rules in this Final Order are broken, it is a crime and the respondent may be arrested and charged. The respondent could go to prison or receive another kind of penalty.
4.Only the Court can change ("vary") or cancel ("revoke") the Order.
The respondent must not pressure the protected person to change or cancel the Order.
It is a breach of the Final Order to do so.
5.This Final Order is made against the respondent, so the respondent must obey it. Even if someone asks the respondent to do something that breaks the rules in the Final Order, the respondent must still obey the Order.
6.The respondent must not use someone else, including family, to do things on their behalf that the Final Order says they cannot do.
7.If the protected person and respondent have children this Final Order may affect whether the respondent can spend time with them. Speak to a lawyer about what the Order says.
8.If you have orders from another court, this Final Order may affect them. Speak to a lawyer about what the Final Order says.
9.If the respondent has firearms or weapons, they may not be allowed to keep them. Check to see what the Final Order says.
10. This Final Order will say how long it lasts and when you may need to return to court. Check to see what it says.
11. Any Final Order is recognised throughout Australia.
Read the Final Order more than once and get advice about anything you don't understand.
Police cannot give you legal advice.
For more information:
Victoria Legal Aid or 1300 792 387
Victorian Aboriginal Legal Service or 1800 064 865
Djirra or 1800 105 303
Men's Referral Service or 1300 766 491
FV support and information 1800 015 188
Children, including unborn babies, can be harmed by family violence. This includes:
· Children knowing that it is happening even if they are not there at the time.
· Children seeing damaged property or injured people.
· Children knowing one parent is afraid of, or controlled by, the other.
· Children knowing that the family is controlled by one parent's behaviour and moods.
· Children intervening to protect a parent or calm one down.
Family violence includes a wide range of behaviours. Below are some examples.
| Behaviour | Some examples |
| Physical violence | · Hitting, punching, pushing, pulling, kicking, choking |
| Sexual violence | · Pressuring someone into sexual acts; rape · Pressuring them to watch or join in pornography |
| Property damage | · Breaking or damaging someone's property or belongings, including jointly owned property or belongings |
| Economic violence | · Controlling someone's money against their will · Forcing someone to pay or give money to others or taking money · Stopping someone from working · Forcing or tricking someone to take on debts · Using dowry or family finance issues to control someone |
| Emotional, social or psychological violence | · Making someone feel that no one cares or will help them · Name calling or put downs · Making someone fear for their safety · Taunting someone about sexuality or gender identity · Sending abusive messages via phone, email or social media or monitoring what someone does online · Harming or killing pets |
| Threats | · To harm people (including themselves), property, or pets · To take children away or to have them taken by others, such as immigration authorities or Child Protection Services · To disclose someone's sexuality or gender identity · To post or send images held on a phone or device · To use family members to add pressure · To get someone deported |
| Coercing, controlling, dominating or terrorising | · Intimidating, bullying, frightening · Controlling where someone goes, what they wear or eat, when they sleep, who they can see · Stopping someone from seeing or speaking to others · Withholding mobility aids, disability equipment or medication · Forcing someone to marry without their consent |
'.
6Form 2 substituted
For Form 2 of the Magistrates' Court (Family Violence Protection) Rules 2018 substitute—
"Form 2—Application for rehearing
Rule 13.02
APPLICATION FOR REHEARING
In the Magistrates' Court at: [specify venue] Case No:
Applicant: [full name of applicant for rehearing]
Applicant's address:
Respondent: [full name of respondent to this application]
Respondent's address:
Protected person or person protected by the order:
Address:
Details of the application you would like reheard
I (the applicant) am the respondent to an application for a family violence intervention order.
The application was made at [specify court location] on [date].
The application came to my attention on [date].
Have you previously applied for a rehearing of this application? Yes*/No*
Note: If you failed to attend at the time fixed for the hearing of the application and the application was struck out by the Court, you will require leave of the Court to make another application.
Reasons for applying for rehearing
My reason for seeking a rehearing of the application is:
£ I was not personally served with the application; or
£the application was not brought to my attention by an order for alternative service or substituted service prior to the making of the final order; or
£there are exceptional circumstances and a rehearing is fair and just.
These circumstances are: [briefly state the reasons why you did not attend the hearing of the application]
Affidavit
I [full name] of [address] *make oath/*affirm and say:
[insert statement to be sworn or affirmed in numbered paragraphs]
The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.
*SWORN/*AFFIRMED at: [place]
ON: [date]
[signature of person making the affidavit]
BEFORE ME:
[name, statement of the capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp]
A person authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.
*delete if inapplicable".
Part 3—Amendment of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011
7Certificates may be filed by facsimile
(1)In the heading to Rule 5.04 of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011[2], after "facsimile" insert "or electronic communication".
(2)In Rule 5.04 of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011, after "facsimile transmission" insert "or other electronic communication".
8Venue of Court
In Rule 12.01(2)(b) of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011, after "facsimile transmission" insert "or other electronic communication".
9Form 2 substituted
For Form 2 of the Magistrates' Court (Personal Safety Intervention Orders) Rules 2011 substitute—
"FORM 2
Rule 13.02
APPLICATION FOR REHEARING
In the Magistrates' Court at: [specify venue] Case No:
Applicant: [full name of applicant for rehearing]
Applicant's address:
Respondent: [full name of respondent to this application]
Respondent's address:
Protected person or person protected by the order:
Address:
Details of the application you would like reheard
I (the applicant) am the respondent to an application for a final personal safety intervention order.
The application was made at [specify court location] on [date].
Have you previously applied for a rehearing of this application? Yes*/No*
Note: If you were granted a rehearing, and that application was struck out by the Court, you will require leave of the Court to make another application.
Reasons for applying for rehearing
My reason for seeking a rehearing of the application is:
£I was not personally served with the application
£the application was not brought to my attention by an order for substituted service
£there are exceptional circumstances and a rehearing is fair and just
These circumstances are: [briefly state the reasons why you did not attend the hearing of the application]
Affidavit
I [full name] of [address] *make oath/*affirm and say:
[insert statement to be sworn or affirmed in numbered paragraphs]
The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.
*SWORN/*AFFIRMED at: [place]
ON: [date]
[signature of person making the affidavit]
BEFORE ME:
[insert name, statement of the capacity in which the authorised affidavit taker has authority to take the affidavit, and personal or professional address in legible writing, typing or stamp]
A person authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.
*delete if inapplicable".
Dated: 8 July 2019
PETER LAURITSEN,
Chief MagistrateFELICITY BROUGHTON,
Deputy Chief MagistrateJELENA POPOVIC,
Deputy Chief Magistrate
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Endnotes
[1] Rule 4: S.R. No. 182/2018.
[2] Rule 7(1): S.R. No. 96/2011 as amended by S.R. No. 203/2014.
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