Personal Safety Intervention Orders Act 2010 (Vic)
Version No. 033
Personal Safety Intervention Orders Act 2010
No. 53 of 2010
Version incorporating amendments as at
30 September 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2How purposes are to be achieved
3Commencement
Part 2—Interpretation
4Definitions
5Meaning of prohibited behaviour
6Meaning of assault and sexual assault
7Meaning of harassment
8Meaning of property damage or interference
9Meaning of serious threat
10Meaning of stalking
11Act not to apply to certain conduct
Part 3—Applications for personal safety intervention orders
Division 1—Applications for personal safety intervention orders
12Where application for personal safety intervention order may be made
13How application is to be made
15Who may apply for personal safety intervention order
16Application for leave
16ARegistrar must refuse to accept application
17Application for protection of child may be included in application for protection of child's parent
18Applications against children under 12 years of age
19Service of application
20Registrar may issue summons on application for personal safety intervention order
21Magistrate or registrar may issue warrant on certain applications for personal safety intervention orders
22Application by affidavit or certified if warrant to issue
23Bail on appearance on arrest
Division 2—Mediation
24Definitions
25Court official may provide mediation information
25ADispute Settlement Centre of Victoria may request mediation information
26Court may give mediation directions
27Where personal safety intervention order would prevent mediation occurring
28Mediation assessment certificate
29Conduct of mediation assessment
30Mediation certificates
31Mediator must terminate mediation if no longer suitable
32No contempt or offence for lack of attendance at assessment or mediation
33Court may take certificates and lack of attendance into account when making orders
34Attorney-General may issue guidelines for mediation assessment and mediation
Division 3—Interim orders
35Court may make interim order
36Interim order where existing family violence intervention order
37Interim order may be made in absence of respondent etc.
38Application to be supported by oral evidence or affidavit unless requirement waived
39Interim order may apply to more than one affected person
40Explanation of interim order
41Interim order made on electronic application by police
42Hearing to be listed for decision about final order as soon as practicable
43Expiry of interim order
Division 4—Proceedings for personal safety intervention orders
44Mention date
45Hearing may relate to more than one application
46Circumstances where affected person to be heard separately
47Evidence
48Evidence may be given by affidavit or sworn or affirmed statement
49Evidence given by children
50Court may issue warrant to arrest for witness who fails to appear
51Court may close proceeding to public
52Alternative arrangements for proceeding
Division 5—Assessment reports in proceedings in the Children's Court
53Children's Court may order assessment of respondent or affected person
54Notification of requirement to submit assessment report
55Warning to be given to persons being interviewed
56Disputed report
57Content of assessment report
58Secretary to forward report to Children's Court
59Attendance at court of author of assessment report
60Confidentiality of assessment reports
Division 6—Making final orders
61Power of court to make final order
62No final order if existing family violence intervention order
63Power to make final order if affected person has not consented to application or order—police applicants
64Consent orders
Division 7—Conditions on personal safety intervention orders
Subdivision 1—General
65Definition
66Court to consider possibility of mediation in deciding conditions
67Conditions to be included in a personal safety intervention order
68Court to enquire about firearms and weapons
69Suspension or cancellation of firearms authority etc.
70Excluded person to provide new address
Subdivision 2—Conditions excluding child respondent from residence
71Exclusion of child respondent from residence
72Court may ask Secretary to Department of Human Services for report
Subdivision 3—Conditions preventing a respondent attending school
73Meaning of training
74Court to consider whether conditions may prevent respondent attending school
75Court may request report from Department of Education and Early Childhood Development
Division 8—Explanation of final order
76Explanation of final order
Division 9—Duration of final order
77Court may specify period for which order in force
78Period for which order remains in force if respondent a child
79Duration of order
Division 10—Variation, revocation and extension of personal safety intervention orders
Subdivision 1—Variation and revocation of personal safety intervention orders
80Power of court to vary or revoke personal safety intervention order
81Court may make interim order on application for variation of personal safety intervention order
82Additional protection in varying or revoking orders
Subdivision 2—Extension of final order
83Power of court to extend final order
84Interim extension order
Subdivision 3—Application to vary, revoke or extend personal safety intervention order
85Who may apply to vary, revoke or extend personal safety intervention order
86Application made by respondent for variation or revocation of personal safety intervention order
87Application made by police officer
88Consent required if applicant is not protected person, guardian, respondent or police officer
89Protected person's views to be heard separately in certain circumstances
Subdivision 4—Service of applications for variations, revocations or extensions of orders
90Persons on whom application must be served
Division 11—Appeals and rehearings
Subdivision 1—Appeals to County Court and Supreme Court
91Who may appeal
92Court to which appeal must be made
93Notice of appeal
94Stay of relevant decision
95Appeals not to commence if certain persons object
96Conduct of appeal
97No further appeal
98Application of certain Acts to appeals
Subdivision 2—Rehearings
99Rehearing of certain proceeding
Division 12—Contravention of personal safety intervention order
100Offence for contravention of personal safety intervention order
101Arrest for contravention of personal safety intervention order
Part 4—Jurisdiction of courts and proceedings
Division 1—Jurisdiction of courts
102Definitions
103Jurisdiction of courts if affected person, protected person or respondent is a child
104Jurisdiction of Children's Court to deal with related applications
104AJurisdiction of Children's Court to deal with applications related to child protection proceedings
105Transfer of applications
106Jurisdiction to revoke, vary or extend orders
Division 2—Provisions about proceedings under this Act
107Restriction on presence of children
108Adjournment to seek legal advice
109Applicant who is police officer may be represented by another police officer
110Certification
110AOffence to make false declaration of truth
111Costs
112Concurrent criminal proceedings
113Personal safety intervention order against carer
Part 5—Enforcement powers
113ADefinitions
114Entry and search of premises
115Surrender of firearms and weapons
116Power of police officer to search premises for firearms etc. without warrant
116AApplications for interstate orders—additional requirements for direction or search without warrant
117Warrants to search premises and vehicles
118Announcement before entry
119Copy of the warrant to be given to occupier
120Seizure of firearms etc.
121Effect of surrender or seizure of firearm, weapon or other article if final order made against person
122Effect of surrender or seizure of firearm, weapon or other article if no final order etc.
Part 6—Restriction on publication of proceedings
123Restriction on publication of proceeding in Magistrates' Court
124Exception to restriction on publication
125Identifying particulars
125ACourt may allow publication of locality, particulars or picture
Part 7—Relationship with other Acts
126Application of Magistrates' Court Act 1989 and rules
127Relationship with Firearms Act 1996 and Control of Weapons Act 1990
128Application of principles under Children, Youth and Families Act 2005 to decisions under this Act
129Personal safety intervention orders prevail over child protection orders
130Notice to be given to Secretary to Department of Human Services
130ARelationship with certain orders under the Sentencing Act 1991
Part 8—Relationship with Family Violence Protection Act 2008
Division 1—General
132Definitions
133Concurrent applications may be heard together
134Family violence intervention order to prevail
Division 2—Certain applications under Family Violence Protection Act 2008 to be heard under this Act where parties are not family members
135Application of Division
136Court may determine parties to application for family violence intervention order are not family members
137No further determination if determination made by County Court or Supreme Court
138Effect of determination under section 136(2)(b)—general
139Search warrants issued under Family Violence Protection Act 2008
140Firearms etc seized or surrendered under Family Violence Protection Act 2008
141ADetermination where proceeding in Specialist Family Violence Court Division
142Existing interim family violence intervention order must be revoked
143Determination made on application to vary existing interim family violence intervention order
144Determination made on application to revoke existing interim family violence intervention order
145Determination made when hearing application for final family violence intervention order
146Revocation of interim family violence intervention order under this Division
147Applications for associated final orders under Family Violence Protection Act 2008
148Explanation of determination
Part 9—Interstate and New Zealand orders
Division 1—Interstate orders
149Registration of corresponding interstate orders
150Notice to be given of registration of corresponding interstate orders
151Registered corresponding interstate orders may be enforced as final orders
152Variation, extension or revocation of corresponding interstate order by interstate court
153Variation, extension or revocation of corresponding interstate order by Victorian Court
154Notice of proposed variation, extension or revocation of corresponding interstate order
155Notice to be given of variation, extension or revocation of corresponding interstate order
Division 2—Corresponding New Zealand Orders
156Registration of corresponding New Zealand orders
157Notice to be given of registration of corresponding New Zealand orders
158Effect of registration of corresponding New Zealand orders
159Variation, revocation or extension of corresponding New Zealand order
Part 11—Service of documents
174Service of personal safety intervention orders
175Copy of personal safety intervention order may be given to school
176Manner of service
177Proof of service
178Inability to serve document
179Person may cause document to be served
180Certificate of service
181Disclosure of information by organisations
Part 12—Miscellaneous
182Supreme Court—limitation of jurisdiction
183Rules of court and practice directions for Magistrates' Court
184Rules of court and practice directions for Children's Court
184AValidation of certain applications
185Regulation making power
Part 13—Repeal of Stalking Intervention Orders Act 2008 and transitional provisions
Division 1—Repeal of Stalking Intervention Orders Act 2008
186Repeal of Stalking Intervention Orders Act 2008
Division 2—Transitional provisions
187Definitions
188Final orders
189Interim orders
190Applications for intervention orders
191Proceedings
192Interstate and New Zealand orders
193Acts committed before commencement day relevant
194Directions under the repealed Act to surrender firearms
195Search warrants issued under repealed Act
196Police complainants and police prosecutors—Crimes (Family Violence) Act 1987
Division 3—Children, Youth and Families Amendment Act 2013
197Transitional provision—Children, Youth and Families Amendment Act 2013
Division 4—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
198Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
Division 5—Justice Legislation Miscellaneous Amendment Act 2018
199Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018
Division 6—Youth Justice Act 2024
200Transitional provision—Youth Justice Act 2024—increase in minimum age of criminal responsibility
201Transitional provision—Youth Justice Act 2024—dismissal of application
202Transitional provision—Youth Justice Act 2024—power to resolve transitional difficulties in proceeding
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 033
Personal Safety Intervention Orders Act 2010
No. 53 of 2010
Version incorporating amendments as at
30 September 2025
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to protect the safety of victims of assault, sexual assault, harassment, property damage or interference with property, stalking and serious threats; and
(b)to promote and assist in the resolution of disputes through mediation where appropriate.
2How purposes are to be achieved
This Act aims to achieve its purposes by—
(a)providing an effective and accessible system of personal safety intervention orders; and
(b)encouraging the use of mediation to assist in the resolution of disputes where appropriate; and
(c)creating an offence for contravention of a personal safety intervention order.
3Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision referred to in subsection (1) does not come into operation before 1 January 2012, it comes into operation on that day.
PART 2—INTERPRETATION
4Definitions
In this Act—
acting in concert order means an order made under section 36 of the Vexatious Proceedings Act 2014;
adult means a person who is 18 years of age or over;
affected person means—
(a)a person the subject of an application for a personal safety intervention order to protect the person or the person's property;
(b)a person who is seeking leave, or for whom leave is being sought, from the court to make an application for a personal safety intervention order as referred to in section 15(c)(ii) or (iii) or (d)(ii);
appropriate registrar, for a court, means the registrar for that court or at the proper venue of the court;
assault has the meaning given in section 6(1);
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 andFamilies 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 that is 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 interstate law means a law of another State or a Territory relating to the protection of persons from prohibited behaviour or stalking that—
(a)substantially corresponds to this Act; or
(b)is prescribed for the purposes of this definition;
corresponding interstate order means an order that—
(a)is made under a corresponding interstate law; and
(b)substantially corresponds to a final order;
corresponding New Zealand law means a law of New Zealand relating to the protection of persons from prohibited behaviour or stalking that—
(a)substantially corresponds to this Act; or
(b)is prescribed for the purposes of this definition;
corresponding New Zealand order means an order that—
(a)is made under a corresponding New Zealand law; and
(b)substantially corresponds to a final order;
court means—
(a)the Magistrates' Court; or
(b)if the application is being dealt with in the Children's Court, that court;
court official means—
(a)the appropriate registrar; or
(b)a deputy registrar of the court; or
(c)any person employed in any of the offices of the court;
declaration of truth means a declaration that complies with section 13(4) made by an applicant in an application under section 13(1)(c) instead of on oath or by affirmation or by affidavit;
Deputy Chief Magistrate means the Deputy Chief Magistrate of the Magistrates' Court;
dispute assessment officer means a person who is appointed or employed by a mediation provider to undertake mediation assessments;
exclusion condition means a condition in a personal safety intervention order referred to in section 67(2)(c);
extended litigation restraint order means an order made under section 19 of the Vexatious Proceedings Act 2014;
family member has the meaning given in section 8 of the Family Violence Protection Act 2008;
family violence intervention order means a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008;
final order means an order made under section 61 and includes—
(a)an order made under section 61 as varied under section 80; and
(b)an order made under section 61 as extended under section 83; and
(c)an order made under section 61 and confirmed on appeal to the County Court or Supreme Court;
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 personal safety intervention order, means the first date on which the proceeding for the application is listed before the court;
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;
harassment has the meaning given in section 7;
interim order means an order—
(a)made under section 35, and includes an order made under section 35 as varied under section 80; and
(b)made under section 81 that varies a personal safety intervention order;
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;
mediation assessment means an assessment as to whether a matter is suitable for mediation, conducted in accordance with Division 2 of Part 3;
mediation direction means a direction given under section 26(1);
mediation provider means an organisation declared under section 21K of the Evidence (Miscellaneous Provisions) Act 1958 to be a dispute settlement centre;
mediator means a person declared under section 21K of the Evidence (Miscellaneous Provisions) Act 1958
to be a mediator;mental harm means grief, anxiety, distress or trauma;
mention date, in relation to an application 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;
non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;
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;
party, to a proceeding under this Act, includes—
(a)the affected person or protected person for the proceeding, whether or not the person is the applicant for the proceeding; and
(b)if the affected person or protected person is not the applicant for the proceeding, the applicant; and
(c)the respondent;
personal safety intervention order means—
(a)a final order; or
(b)an interim order;
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;
prohibited behaviour has the meaning given in section 5;
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, Youthand Families Act 2005;
property, in relation to a person, includes—
(a)property of the person; and
(b)property that is situated in premises in which the person lives or works whether or not it is the person's property; and
(c)property that is being used by the person whether or not it is the person's property;
property damage or interference has the meaning given in section 8;
protected person means a person who is protected by a personal safety intervention order;
publish, in Part 6, 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 recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;
registrarmeans—
(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;
relevant decision, for Subdivision 1 of Division 11 of Part 3, has the meaning set out in section 91;
respondent means a person against whom—
(a)an application for a personal safety intervention order has been made; or
(b)a personal safety intervention order has been made;
safety means safety from physical or mental harm;
school means a registered school within the meaning of the Education and Training Reform Act 2006;
Secretary means the Secretary to the Department of Justice;
serious threat has the meaning given in section 9;
sexual assault has the meaning given in section 6(2);
stalking has the meaning given in section 10;
student means a person who is currently enrolled as a student at a school;
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 Act1990;
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 prohibited behaviour
For the purposes of this Act, prohibited behaviour is—
(a)assault; or
(b)sexual assault; or
(c)harassment; or
(d)property damage or interference; or
(e)making a serious threat.
6Meaning of assault and sexual assault
(1)For the purposes of this Act—
assault means the direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person where the application of force—
(a)is—
(i)without lawful excuse; and
(ii)with intent to inflict, or being reckless as to the infliction of, bodily injury, pain, discomfort, damage, insult or deprivation of liberty; and
(b)results in the infliction of any such consequence (whether or not the consequence inflicted is the consequence intended or foreseen).
(2)For the purposes of this Act—
sexual assault means an assault of a sexual nature.
(3)In subsection (1)—
application of force includes—
(a)application of heat, light, electric current or any other form of energy; and
(b)application of matter in solid, liquid or gaseous form.
7Meaning of harassment
For the purposes of this Act, harassment means a course of conduct by a person towards another person that is demeaning, derogatory or intimidating and includes such conduct that is carried on by or through a third person.
Examples
A makes derogatory taunts to B, including racial taunts or taunts about B's sexual orientation or gender identity.
A sexually harasses B.
A, a former employee of B, repeatedly telephones B at her workplace and makes insulting remarks about B to the person who answers the telephone.
A encourages another child to taunt B.
A repeatedly leaves pamphlets in B's mailbox that state that it is wrong to gender transition and that everyone's gender expression should match the sex they were assigned at birth.
8Meaning of property damage or interference
For the purposes of this Act, property damage or interference means repeated, intentional—
(a)damage to, or destruction of, any property of a person, including a person's pet;
(b)substantial interference with any property of a person, including withholding any property of a person;
(c)threats to damage, destroy or substantially interfere with any property of a person.
Examples
Withholding the person's food or medication;
Preventing the person accessing his or her wheelchair;
Threatening to kill or injure the person's pet.
9Meaning of serious threat
For the purposes of this Act, a serious threat means—
(a)a threat to kill, within the meaning of section 20 of the Crimes Act 1958;
(b)a threat to inflict serious injury, within the meaning of section 21 of the Crimes Act 1958.
10Meaning of stalking
(1)A person (the first person) stalks another person (the second person) if the first person engages in a course of conduct—
(a)with the intention of causing physical or mental harm to the second person, including self-harm, or of arousing apprehension or fear in the second person for his or her own safety or that of any other person; and
(b)that includes any of the following—
(i)following the second person or any other person;
(ii)contacting the second person or any other person by post, telephone, fax, text message, email or other electronic communication or by any other means whatsoever;
(iii)publishing on the Internet or by an email or other electronic communication to any person a statement or other material—
(A)relating to the second person or any other person; or
(B)purporting to relate to, or to originate from, the second person or any other person;
(iv)causing an unauthorised computer function (within the meaning of Subdivision 6 of Division 3 of Part I of the Crimes Act 1958) in a computer owned or used by the second person or any other person;
(v)tracing the second person's or any other person's use of the Internet or of email or other electronic communications;
(vi)entering or loitering outside or near the second person's or any other person's place of residence or place of business or any other place frequented by the second person or the other person;
(vii)interfering with property in the second person's or any other person's possession (whether or not the first person has an interest in the property);
(viia)making threats to the second person;
(viib)using abusive or offensive words to or in the presence of the second person;
(viic)performing abusive or offensive acts in the presence of the second person;
(viid)directing abusive or offensive acts towards the second person;
(viii)giving offensive material to the second person or any other person or leaving it where it will be found by, given to or brought to the attention of, the second person or the other person;
(ix)keeping the second person or any other person under surveillance;
(x)acting in any other way that could reasonably be expected—
(A)to cause physical or mental harm to the second person, including self-harm; or
(B)to arouse apprehension or fear in the second person for his or her own safety or that of any other person.
(2)For the purposes of this Act, the first person has the intention to cause physical or mental harm to the second person, including self-harm, or to arouse apprehension or fear in the second person for his or her own safety or that of any other person if—
(a)the first person knows that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear; or
(b)the first person in all the particular circumstances ought to have understood that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear and it actually did have that result.
(3)In this section—
mental harm includes—
(a)psychological harm; and
(b)suicidal thoughts.
11Act not to apply to certain conduct
This Act does not apply to conduct engaged in by a person performing official duties for the following purposes that, but for this section, would constitute grounds for making an order under this Act—
(a)the enforcement of the criminal law;
(b)the administration of any Act;
(c)the enforcement of a law imposing a pecuniary penalty;
(d)the execution of a warrant;
(e)the protection of the public revenue.
PART 3—APPLICATIONS FOR PERSONAL SAFETY INTERVENTION ORDERS
Division 1—Applications for personal safety intervention orders
12Where application for personal safety intervention order may be made
An application for a personal safety intervention order must be made at the proper venue of the Magistrates' Court or Children's Court.
13How application is to be made
(1)An application for a personal safety intervention order must—
(a)include the information prescribed by rules made under this Act; and
(b)if the applicant is a police officer, be made on oath or by affirmation or by affidavit or certified in accordance with subsection (2); or
(c)if the applicant is not a police officer, be made on oath or by affirmation or by affidavit or by declaration of truth.
(2)For the purposes of subsection (1)(b), an application certified by a police officer must—
(a)be signed by the police officer; and
(b)include the police officer's name, rank and station.
(3)Unless the rules of court otherwise provide, the application may be made by telephone, fax, or other electronic communication.
(4)A declaration of truth—
(a)must include the applicant's full name and date of birth; and
(b)must include an acknowledgement that the content of the application is true and correct to the best of the applicant's knowledge and belief; and
(c)must include an acknowledgement that the applicant knows that making a declaration of truth that the applicant knows to be false is an offence with a penalty of 600 penalty units or 5 years imprisonment or both; and
(d)must otherwise comply with any requirements of the rules of court (if any); and
(e)is not required to be witnessed by, or executed before, any other person.
* * * * *
15Who may apply for personal safety intervention order
An application for a personal safety intervention order may be made by—
(a)an affected person; or
(b)if the affected person is an adult, any other person with the written consent of the affected person; or
(c)if the affected person is a child—
(i)a parent of the child; or
(ii)any other person with the written consent of a parent of the child or with the leave of the court; or
(iii)the affected person with the leave of the court if the affected person is of or above the age of 14 years; or
(d)if the affected person has a guardian—
(i)the guardian; or
(ii)any other person, with the leave of the court; or
(e)a police officer.
Note
However, see section 63 which provides that a final order can be made without the consent of the affected person but only with limited conditions.
16Application for leave
(1)If an application for leave is made under section 15(c)(ii) or (d)(ii), the court must grant leave if it is satisfied that it is in the best interests of the affected person to do so.
(2)If an application for leave is made under section 15(c)(iii), the court must not grant leave unless it is satisfied the child understands the nature and consequences of a personal safety intervention order.
16ARegistrar must refuse to accept application
(1)If an application for a personal safety intervention order is made to the Magistrates' Court, a registrar must refuse to accept the application for filing if the registrar is satisfied that—
(a)the application is frivolous, vexatious, without substance, made in bad faith, has no reasonable prospect of success or is an abuse of process; or
(b)the matter would be more appropriately dealt with by mediation.
(2)Subsection (1) does not apply to an application for a personal safety intervention order made by a police officer or an application for a variation, revocation or extension of a personal safety intervention order.
(3)In determining whether to refuse to accept the application, the registrar must consider—
(a)whether the matter has been assessed for mediation or has been the subject of attempted mediation, and the outcome of the assessment or mediation; and
(b)whether the applicant has made a report of the matter to police; and
(c)whether the matter is inappropriate for mediation, having regard to any guidelines issued under subsection (4); and
(d)any other relevant matter.
(4)The Attorney-General may issue guidelines relating to matters to which registrars must have regard in determining whether to refuse to accept an application.
(5)Any guidelines issued under this section must be published on the Internet site of the Department of Justice.
(6)On the application of a person whose application has been refused under subsection (1), the Magistrates' Court may direct the registrar to accept the application for filing.
17Application for protection of child may be included in application for protection of child's parent
(1)An application for a personal safety intervention order for an affected person who is a child may be included in an application for the protection of the child's parent if the applications arise out of the same or similar circumstances.
(2)An application referred to in subsection (1) may, on the application of the applicant or the respondent, be heard separately if the court thinks fit having regard to any advantages of the matters being heard together.
18Applications against children under 12 years of age
If a person makes an application for a personal safety intervention order against a child who is under 12 years of age on the date that the application is made—
(a)if the court knows that the child was under 12 years of age on the date of the making of the application, the court must not make a personal safety intervention order against the child;
(b)if the court makes the personal safety intervention order against the child, the order has no effect.
19Service of application
As soon as practicable after an application for a personal safety intervention order is made, the appropriate registrar for the court must serve the application on—
(a)the respondent; and
(b)if the applicant for the order is not the affected person—
(i)the affected person; or
(ii)if the affected person is a child and the application was made with the consent of the child's parent, that parent; or
(iii)if the affected person is a child and the application was made with the leave of the court, a parent of the child with whom the child normally or regularly lives; or
(iv)if the affected person has a guardian—the guardian.
Note
See section 179(1), which provides that a person may serve a document by causing it to be served.
20Registrar may issue summons on application for personal safety intervention order
If an application for a personal safety intervention order has been made to the court, the appropriate registrar for the court may issue a summons requiring the respondent to attend at the court for the hearing of the application.
21Magistrate or registrar may issue warrant on certain applications for personal safety intervention orders
(1)A magistrate or an appropriate registrar for the court may issue a warrant for the arrest of an adult respondent, as if the application for a personal safety intervention order alleged the commission of an offence, if the magistrate or registrar believes on reasonable grounds it is necessary—
(a)to ensure the safety of the affected person; or
(b)to preserve any property of the affected person; or
(c)to ensure the respondent attends court at a mention date for the application.
(2)If a warrant has been issued to arrest a respondent, a police officer may arrest the respondent although the execution copy of the warrant is not in the police officer's possession at the time of the arrest.
22Application by affidavit or certified if warrant to issue
If the applicant for a personal safety intervention order seeks a warrant to issue in the first instance for the arrest of the respondent—
(a)the application for the warrant must be in writing and be made by affidavit or be certified; and
(b)the application for the personal safety intervention order and the warrant must be in the same document and contain the prescribed particulars.
23Bail on appearance on arrest
(1)The Bail Act 1977 applies to and in respect of a respondent to an application for a personal safety intervention order arrested under a warrant as if the respondent were an accused person charged with an offence to whom section 4 of the Bail Act1977 applies.
(2)For the purposes of subsection (1), the appropriate person must—
(a)advise the affected person of the outcome of the application for bail; and
(b)if bail is granted—
(i)advise the affected person of any conditions imposed on the respondent that are intended to protect the affected person; and
(ii)give the affected person a copy of the undertaking of bail.
(3)In subsection (2)—
appropriate person means—
(a)if the application for bail is considered by a court (other than a bail justice), the appropriate registrar of the court; and
(b)if the application for bail is considered by a bail justice or a police officer, the police officer.
Division 2—Mediation
24Definitions
In this Division—
Dispute Settlement Centre of Victoria means the mediation provider known as the Dispute Settlement Centre of Victoria, declared by Order of the Governor in Council on 7 June 1994 under section 21K of the Evidence (Miscellaneous Provisions) Act 1958 to be a dispute settlement centre;
mediation assessment certificate means a certificate provided by a mediation provider under section 28;
mediation certificate means a certificate provided by a mediation provider under section 30;
return date means any date on which a proceeding is listed before the court.
25Court official may provide mediation information
A court official may provide information about mediation to a person, whether or not the person has made an application for a personal safety intervention order.
25ADispute Settlement Centre of Victoria may request mediation information
(1)The Dispute Settlement Centre of Victoria may, for the purpose of assessing whether a matter is suitable for mediation, request from the Magistrates' Court records or documents held by the Magistrates' Court that relate to an application for a personal safety intervention order under Division 1 of Part 3.
(2)Despite subsection (1), the Dispute Settlement Centre of Victoria must not request information about an application—
(a)made to the Children's Court, unless the matter is transferred to the Magistrates' Court under section 105(2); or
(b)made by a police officer under section 15(e); or
(c)that is continued as an application for a personal safety intervention order under section 136(2)(b).
(3)On receiving a request under subsection (1), a registrar of the Magistrates' Court may provide the Dispute Settlement Centre of Victoria with records or documents held by the Magistrates' Court that relate to the application for the personal safety intervention order.
26Court may give mediation directions
(1)At a mention date or a hearing of an application for a personal safety intervention order or for the variation or revocation of a personal safety intervention order, if the court considers in the circumstances of the case that mediation may be appropriate, the court may give—
(a)a direction that requires the parties to attend a mediation assessment; or
(b)subject to subsection (2), a direction that requires the parties to attend mediation; or
(c)a direction that requires the parties to attend—
(i)a mediation assessment; and
(ii)if the matter is assessed as suitable for mediation, a mediation.
(2)The court must not give a direction under subsection (1)(b) unless it has received a mediation assessment certificate that specifies that the matter is suitable for mediation.
(3)If the court gives a direction under subsection (1), it may adjourn the proceeding to allow for the mediation assessment, the mediation or the mediation assessment and mediation (as the case requires) to occur.
(4)A direction given under subsection (1) applies to all parties to the proceeding except—
(a)an applicant who is a police officer; and
(b)an applicant who is not the affected person and who the court has excluded from the direction.
27Where personal safety intervention order would prevent mediation occurring
If—
(a)the court gives a mediation direction under section 26(1)(b) or (c); and
(b)an existing personal safety intervention order would prevent mediation occurring—
the court must vary the conditions of the personal safety intervention order to enable mediation to occur.
28Mediation assessment certificate
(1)If the court gives a mediation direction under section 26(1)(a) or (c), the mediation provider must, by the next return date or any earlier time or date specified by the court, issue a mediation assessment certificate.
(2)A mediation assessment certificate must specify that—
(a)the mediation assessment has not yet been scheduled; or
(b)the mediation assessment has been scheduled, but has not yet occurred; or
(c)the mediation assessment has commenced but has not been completed; or
(d)the mediation assessment was scheduled and any or all of the parties did not attend; or
(e)all parties attended the mediation assessment and the matter has been assessed as suitable for mediation; or
(f)all parties attended the mediation assessment and the matter has been assessed as unsuitable for mediation.
(3)For the purposes of subsection (2)(d), the certificate must specify which party did not attend.
29Conduct of mediation assessment
In conducting a mediation assessment, the dispute assessment officer must have regard to any guidelines issued under section 34.
30Mediation certificates
(1)If—
(a)the court has given a mediation direction under section 26(1)(b) or (c); and
(b)the matter has been assessed as suitable for mediation—
the mediation provider must, by the next return date or any earlier date specified by the court, issue a mediation certificate.
(2)The mediation certificate must specify that—
(a)mediation has not yet been scheduled; or
(b)mediation has been scheduled, but has not yet occurred; or
(c)mediation has commenced but has not been completed; or
(d)mediation was scheduled and any or all of the parties did not attend; or
(e)all parties attended the mediation and—
(i)mediation has successfully settled the matter; or
(ii)mediation has partially settled the matter; or
(iii)mediation has not settled the matter; or
(f)the matter is no longer appropriate for mediation.
(3)The mediation certificate may include other information that the parties consent to provide to the court.
(4)For the purposes of subsection (2)(d), the certificate must specify which party failed to attend.
31Mediator must terminate mediation if no longer suitable
If, after the matter has been assessed as suitable for mediation, the mediator considers, having regard to any guidelines issued under section 34, that the matter is no longer suitable for mediation, the mediator must—
(a)terminate the mediation; and
(b)issue a mediation certificate in accordance with section 30(2)(f).
32No contempt or offence for lack of attendance at assessment or mediation
A party who does not attend a mediation assessment or, if the matter has been assessed as suitable for mediation, the mediation—
(a)does not commit an offence; and
(b)is not in contempt of court.
33Court may take certificates and lack of attendance into account when making orders
If the court has given a mediation direction, when deciding whether to make a personal safety intervention order, or vary or revoke a personal safety intervention order, the court may take into account—
(a)the contents of any mediation assessment certificate; and
(b)if the matter was assessed as suitable for mediation, the contents of any mediation certificate; and
(c)if any party did not attend a mediation assessment or mediation—
(i)the fact that the party did not attend the mediation assessment or mediation; and
(ii)the party's reasons for not attending.
34Attorney-General may issue guidelines for mediation assessment and mediation
(1)The Attorney-General may issue guidelines relating to the matters to which a dispute assessment officer or mediator must have regard in assessing whether a matter is or continues to be suitable for mediation.
(2)Any guidelines issued under this section must be published on the Internet site of the Department of Justice.
Division 3—Interim orders
35Court may make interim order
(1)The court may make an interim order if a person has applied to the court for a personal safety intervention order and the court is satisfied—
(a)on the balance of probabilities, that an interim order is necessary pending a final decision about the application—
(i)to ensure the safety of the affected person; or
(ii)to preserve any property of the affected person; and
(b)that it is appropriate to make the order in all the circumstances of the case.
Note
See section 33, which provides that the court may take into account mediation assessment or mediation certificates and a party's lack of attendance at a mediation assessment or mediation when deciding whether to make a personal safety intervention order.
(2)The court may also make an interim order if a person has applied to the court for a personal safety intervention order and the parties to the proceeding have consented to, or do not oppose, the making of an interim order for the application.
(3)The court may make an order under subsection (2)—
(a)without being satisfied as to any matter referred to in subsection (1); and
(b)whether or not the respondent admits to any or all of the particulars of the application.
(4)Without limiting subsection (1)(b), in deciding whether it is appropriate to make an interim order the court may consider—
(a)if the respondent is a child, the respondent's ability to do the following, taking into account his or her age and maturity—
(i)understand the nature and effect of an interim order; and
(ii)comply with the conditions of the interim order;
(b)if the court is satisfied that the respondent has a cognitive impairment, the respondent's ability to do the following, taking into account his or her cognitive impairment—
(i)understand the nature and effect of an interim order; and
(ii)comply with the conditions of the interim order.
(5)The court may make an interim order whether or not—
(a)some or all of the prohibited behaviour or stalking alleged in the application for the personal safety intervention order occurred outside Victoria, so long as the affected person was in Victoria at the time at which that alleged conduct occurred;
(b)the affected person was outside Victoria at the time at which some or all of the prohibited behaviour or stalking alleged in the application for the personal safety intervention order occurred, so long as that alleged conduct occurred in Victoria.
(6)The court may make an interim order at any time after the making of an application for a personal safety intervention order and before the final decision about the application is made, and may do so whether or not the court has previously made or refused to make an interim order.
Note
See Division 7 which provides for the inclusion of conditions in a personal safety intervention order, including an interim order. See also Division 7 which provides for the inclusion of conditions suspending a firearms authority, weapons approval or weapons exemption in the case of an interim order and cancelling a firearms authority, weapons approval or weapons exemption in the case of a final order.
36Interim order where existing family violence intervention order
(1)The court must not make an interim order if there is an existing family violence intervention order or non-local DVO made by a court that is a recognised DVO for which—
(a)the affected person is a protected person and the respondent is a respondent; or
(b)the respondent is a protected person and the affected person is a respondent.
(2)Despite subsection (1), the court may make an interim order if there is an existing interim family violence intervention order or interim non-local DVO that is a recognised DVO for which the respondent is a protected person and the affected person is a respondent.
Example
B is an affected person for an application for a personal safety intervention order against A. However, A is already a protected person under an interim family violence intervention order, and B is a respondent for that order. The court could still make an interim order to protect B from A.
(3)In this section—
interim family violence intervention order means an interim order within the meaning of the Family Violence Protection Act 2008;
interim non-local DVO means a non-local DVO that is an interim DVO within the meaning of the National Domestic Violence Order Scheme Act 2016.
37Interim order may be made in absence of respondent etc.
An interim order may be made—
(a)whether or not the respondent has been served with a copy of the application for a personal safety intervention order; and
(b)whether or not the respondent is present when the interim order is made.
38Application to be supported by oral evidence or affidavit unless requirement waived
(1)The court must not make an interim order, other than an order referred to in section 35(2), unless—
(a)the application is supported by oral evidence or an affidavit; or
(b)the court waives the requirement under paragraph (a).
(1A)The court may waive the requirement that the application be supported by oral evidence or an affidavit if the applicant is a police officer and the application is made by electronic communication—
(a)provided that the court has considered whether it is practicable to obtain oral evidence or an affidavit before making the interim order; or
(b)the application is made before 9 a.m. or after 5 p.m. on a weekday or on a Saturday, Sunday or a public holiday and the application was certified in accordance with section 13(2).
(2)Nothing in subsection (1)(a) obliges the affected person to give evidence before the interim order is made.
39Interim order may apply to more than one affected person
An interim order may be made for more than one affected person if the court is satisfied under section 35 in relation to each of the affected persons.
40Explanation of interim order
(1)If a court makes an interim order, the appropriate registrar of the court must give the respondent and the protected person a written explanation of the order, in the prescribed form, that explains the following matters—
(a)the purpose, terms and effect of the interim order;
(b)the consequences and penalties that may follow if the respondent fails to comply with the terms of the interim order;
(c)when the interim order expires and the means by which the interim order may be varied;
(d)that the interim order is a civil order of the court and the protected person cannot give permission to contravene the interim order;
(e)the process for deciding the final order.
(2)A written explanation under subsection (1) may be accompanied by written information about any relevant services that may be available to the protected person or respondent, including counselling services, drug and alcohol services, disability services, financial counselling services, mental health services and advocacy services.
(3)If the court has given a mediation direction, a written explanation under subsection (1) must be accompanied by written information about mediation assessments and mediation.
(4)A written explanation under subsection (1) and any additional information under subsections (2) and (3) must be—
(a)if the protected person or respondent is before the court, given to the protected person or respondent and accompanied by a clear oral explanation of the matters contained in the explanation and any additional information; and
(b)if the protected person or respondent is not before the court, served on the protected person or respondent and accompanied by any additional information the court considers necessary to explain the interim order.
(5)Despite subsection (4)(a), the appropriate registrar is not required to give the protected person or respondent an oral explanation if the registrar is satisfied that, on making the order, the magistrate gave the protected person or respondent a clear oral explanation of the matters set out in subsection (1) and any additional information under subsections (2) and (3).
(6)A failure by the appropriate registrar to explain an interim order in accordance with this section does not affect the validity of the interim order.
(7)A failure by the appropriate registrar to provide information about mediation assessments and mediation in accordance with this section does not affect the validity of the mediation direction.
41Interim order made on electronic application by police
If the court makes an order under section 35 on an application made by police by telephone, fax or other electronic communication, the court must inform the police officer of—
(a)the terms of the order; and
(b)the period of operation of the order; and
(c)the venue of the court for the first mention date for the application for the personal safety intervention order; and
(d)the date and time of the first mention date for the application for the personal safety intervention order.
Note
See section 5(2) of the Magistrates' Court Act 1989 which provides that the Magistrates' Court may sit and act at any time and place.
42Hearing to be listed for decision about final order as soon as practicable
(1)If the court makes an interim order, the court must ensure the hearing is listed for a decision about the final order as soon as practicable unless the court has also given a mediation direction.
(2)If the court makes an interim order and has given a mediation direction, the court must ensure the hearing is listed for a decision about the final order as soon as practicable, allowing a reasonable time for mediation assessment, mediation or mediation assessment and mediation, as the case requires, to take place.
43Expiry of interim order
An interim order ends—
(a)if the court makes a final order and the final order includes an order that the interim order continues until the final order is served on the respondent, when the final order is served on the respondent; or
(b)if the court makes a final order and the final order does not include an order about the interim order continuing as referred to in paragraph (a), at the time the final order is made; or
(c)if the court refuses to make a final order in relation to the application, at the time of the court's refusal; or
(d)if the interim order is revoked by the court, at the time of the revocation; or
(e)if the application for the personal safety intervention order is withdrawn, at the time of the withdrawal.
Note
See section 80 which provides for the variation of personal safety intervention orders, including interim orders.
Division 4—Proceedings for personal safety intervention orders
44Mention date
(1)The court must not proceed to hear a contested application for a final order on a mention date unless the court is satisfied that—
(a)all the parties to the proceeding have had an opportunity to seek legal advice and legal representation; and
(b)all the parties to the proceeding consent to the hearing of the contested application on the mention date; and
(c)it is fair and just to all the parties to hear the application on the mention date.
(2)Subsection (1) does not prevent the court making a final order on a mention date if—
(a)all the parties to the proceeding have consented to, or are not opposed to the making of, the order in accordance with section 64; or
(b)the court is satisfied the respondent has been served with a copy of the application for a personal safety intervention order and has not attended court on the mention date.
45Hearing may relate to more than one application
(1)Any number of applications for personal safety intervention orders may be heard together if the court thinks fit.
(2)The decision under subsection (1) to hear a number of applications for personal safety intervention orders together may be made—
(a)on the application of the applicants or the respondents; or
(b)on the court's own initiative if the court considers it in the interests of justice to do so.
Note
Applications for personal safety intervention orders may be heard together with applications for family violence intervention orders under section 133.
46Circumstances where affected person to be heard separately
(1)This section applies if—
(a)an application for a personal safety intervention order is made under—
(i)section 15(c)(i) or (ii) by a parent or other person in respect of an affected person who is a child; or
(ii)section 15(d)(i) or (ii) by the guardian or other person in respect of an affected person; or
(iii)section 15(e) by a police officer; and
(b)the affected person objects to the application.
Note
In relation to resolving an issue between the guardian appointed under the Guardianship and Administration Act 2019 and the affected person, see sections 44 and 159 of that Act. Section 44 provides that the guardian may seek advice from VCAT and section 159 provides for the reassessment of a guardianship order by VCAT.
(2)At the hearing for the final order, the views of the affected person must be heard separately from the views of the applicant.
(3)Without limiting subsection (2), the views of the affected person may be heard through an independent legal representative acting on behalf of the person.
(4)This section applies despite anything in section 49 or 107.
47Evidence
(1)Subject to this Act, in a proceeding for a personal safety intervention order the court may inform itself in any way it thinks fit, despite any rules of evidence to the contrary.
Note
This section does not apply to a proceeding for an offence under this Act.
(2)The following provisions apply to a proceeding for a personal safety intervention order—
(a)sections 13, 30, 31 and 41 and Part 3.10 of the Evidence Act 2008;
(b)Division 8 of Part I and Division 2A of Part II of the Evidence (Miscellaneous Provisions) Act 1958.
Note
Section 13 of the Evidence Act 2008 provides for circumstances in which a person lacks capacity to give evidence. Section 30 of the Evidence Act 2008 provides for a witness to give evidence through an interpreter. Section 31 of the Evidence Act 2008 provides for the giving of evidence by a witness who is deaf or mute. Section 41 of the Evidence Act 2008 provides for the court's powers to disallow improper questions. Part 3.10 of the Evidence Act 2008 provides for the application of privileges. Division 8 of Part I of the Evidence (Miscellaneous Provisions) Act 1958 provides for confidentiality of mediation conferences conducted under that Division. Division 2A of Part II of the Evidence(Miscellaneous Provisions) Act 1958 provides for confidential communications in relation to proceedings with respect to sexual offences.
(3)The court may refuse to admit, or may limit the use to be made of, evidence if the court is satisfied—
(a)it is just and equitable to do so; or
(b)the probative value of the evidence is substantially outweighed by the danger that the evidence may be unfairly prejudicial to a party or misleading or confusing.
48Evidence may be given by affidavit or sworn or affirmed statement
(1)The court may admit in a proceeding under this Act evidence given by a person by affidavit or sworn or affirmed statement.
(2)Subsection (1) applies despite any rules of evidence to the contrary or anything to the contrary in this Act or any other Act (other than the Charter of Human Rights and Responsibilities).
(3)A party to the proceeding may, with the leave of the court, require a person giving evidence by affidavit or by sworn or affirmed statement to attend the hearing of the proceeding to be called as a witness and to be cross-examined.
49Evidence given by children
(1)A child, other than a child who is an applicant for a personal safety intervention order or a respondent, must not give evidence for the purposes of a proceeding under this Act or a litigation restraint order proceeding unless the court grants leave for the child to do so.
(2)In deciding whether to grant leave under subsection (1) the court must have regard to the following—
(a)the desirability of protecting children from unnecessary exposure to the court system; and
(b)the harm that could occur to the child if the child gives evidence.
(3)This section applies despite anything to the contrary in the Evidence Act 2008.
50Court may issue warrant to arrest for witness who fails to appear
Section 194 of the Evidence Act 2008 applies to a proceeding for a personal safety intervention order as if the reference in that section to a civil or criminal proceeding were a reference to a proceeding for a personal safety intervention order.
Note
Section 194 of the Evidence Act 2008 provides that the court may issue a warrant to arrest a witness who fails to appear at a hearing when called or to arrest a witness who is avoiding service of a subpoena or summons or who has been served with a subpoena or summons but is unlikely to comply with it.
51Court may close proceeding to public
(1)If the court considers it necessary to do so to prevent a party or a witness in a proceeding under this Act or a litigation restraint order proceeding from being caused undue distress or embarrassment, the court may—
(a)order that the whole or part of the proceeding be heard in closed court; or
(b)order that only persons or classes of persons specified in the order may be present during the whole or any part of the proceeding.
(2)If the court makes an order under subsection (1), the court must cause a copy of the order to be posted on a door of, or in another conspicuous place at, the place at which the court is being held.
(3)A person must not contravene an order made and posted under this section.
Penalty:1000 penalty units or imprisonment for 3 months.
52Alternative arrangements for proceeding
(1)The court may direct that any of the following alternative arrangements be made for a proceeding in respect of a personal safety intervention order or a litigation restraint order proceeding—
(a)permitting the proceeding to be conducted from a place other than the courtroom by means of closed circuit television or other facilities that enable communication between that place and the courtroom;
(b)using screens to remove the respondent from a party's or witness's direct line of vision;
(c)permitting a person to be beside a party or witness while the party or witness is giving evidence for the purpose of providing emotional support to the party or witness;
(d)requiring legal practitioners to be seated during the proceeding;
(e)any other alternative arrangements the court considers appropriate.
(2)The court may make a direction under subsection (1) on its own initiative or on the application of a party to the proceeding.
(3)In making a direction under subsection (1) the court must have regard to—
(a)the wishes expressed by the witness; and
(b)the age and maturity of the witness; and
(c)the facilities available for the conduct of the proceeding; and
(d)any other matters the court considers relevant.
(4)Any place outside the courtroom where a witness is permitted to give evidence under this section is taken to be part of the courtroom while the witness is there for the purpose of giving evidence.
(5)The court may, at any time in the course of the proceeding, vary or revoke a direction made under subsection (1) on its own initiative or on the application of a party to the proceeding.
Division 5—Assessment reports in proceedings in the Children's Court
53Children's Court may order assessment of respondent or affected person
(1)In a proceeding for a personal safety intervention order or the variation or revocation of a personal safety intervention order the Children's Court may order the Secretary to provide an assessment report in respect of a respondent or an affected person or protected person.
(2)The Children's Court must not make an order under subsection (1) unless the person in respect of whom the report will be prepared—
(a)if that person is a child, has legal representation; and
(b)in any case, consents to the making of the order.
54Notification of requirement to submit assessment report
If the Children's Court orders the Secretary to submit an assessment report, the registrar at the venue of the Court at which the order is made must, within one working day after the making of the order—
(a)orally notify him or her of the making of the order; and
(b)forward a copy of the order to him or her.
55Warning to be given to persons being interviewed
The author of an assessment report must at the beginning of any interview being conducted by him or her in the course of preparing the report inform the person being interviewed that any information that he or she gives may be included in the report.
56Disputed report
(1)If any matter in an assessment report is disputed by the person who is the subject of the report, the Children's Court must not take the disputed matter into consideration when deciding whether to make a personal safety intervention order unless satisfied that the matter is true on the balance of probabilities.
(2)If—
(a)an assessment report, or any part of it, is disputed by the person who is the subject of the report; and
(b)the author of the report does not attend the hearing of the proceeding despite having been required to attend under section 59(1)—
the Children's Court must not take the report or the part in dispute into consideration when determining the proceeding unless the person consents to the report or the part in dispute being admitted into evidence.
57Content of assessment report
An assessment report must include—
(a)the matters that the Children's Court considers relevant to the proceeding, including any psychological or psychiatric assessment of the person who is the subject of the report; and
(b)any other matter that the Children's Court directs to be included.
58Secretary to forward report to Children's Court
(1)If the Children's Court orders the Secretary to submit an assessment report to the court, he or she must do so within 21 days and not less than 3 working days before the hearing.
(2)If the Secretary is of the opinion that information contained in the report will be or may be prejudicial to the physical or mental health of the person who is the subject of the report, the Secretary may forward a statement to the Children's Court to that effect with the report.
59Attendance at court of author of assessment report
(1)The author of an assessment report ordered under section 53 may be required to attend to give evidence at the hearing of the proceeding by a notice given in accordance with subsection (2) by—
(a)the person in respect of whom the report has been prepared; or
(b)with the leave of the court, a party to the proceeding; or
(c)the Children's Court.
(2)A notice under subsection (1) must be—
(a)in writing; and
(b)filed in the proper venue of the court as soon as possible and, if practicable, not later than 2 working days before the hearing.
(3)On the filing of a notice under subsection (1), the registrar must immediately arrange for the author of the report to be notified that his or her attendance is required on the return date.
(4)A person is guilty of contempt of court if, being the author of a report who has been required to attend the Children's Court under subsection (1), he or she fails, without sufficient excuse, to attend as required.
(5)The author of a report who has been required under subsection (1) by the person or a party to attend at the hearing of a proceeding—
(a)must, if required by the person or party (as the case requires), be called as a witness; and
(b)if called as a witness, may be cross-examined on the contents of the report by the person or a party, whether or not that person required the author of the report to attend.
60Confidentiality of assessment reports
(1)The Children's Court may impose conditions on access to an assessment report, including conditions about who can access the report or part of the report.
(2)Subject to any contrary direction by the court, a person who prepares or receives or otherwise is given or has access to an assessment report, or any part of such a report, must not, without the consent of the person who is the subject of the report, disclose any information contained in that report or part report (as the case requires) to any person who is not entitled to receive or have access to that report or that part (as the case requires).
Penalty:10 penalty units.
(3)A reference in this section to a report includes a reference to a copy of a report
Division 6—Making final orders
61Power of court to make final order
(1)The court may make a final order if the court is satisfied, on the balance of probabilities, that—
(a)the respondent has—
(i)committed prohibited behaviour against the affected person and—
(A)is likely to continue to do so or do so again; and
(B)the respondent's prohibited behaviour would cause a reasonable person to fear for his or her safety; or
(ii)stalked the affected person and is likely to continue to do so or do so again; and
(b)the respondent and the affected person are not family members; and
(c)it is appropriate in all the circumstances of the case to make a final order.
Note
See section 33, which provides that the court may take into account mediation assessment or mediation certificates and a party's lack of attendance at a mediation assessment or mediation when deciding whether to make a personal safety intervention order.
(2)Without limiting subsection (1)(c), in deciding whether it is appropriate to make a final order the court may consider—
(a)if the respondent is a child, the respondent's ability to do the following, taking into account his or her age and maturity—
(i)understand the nature and effect of a final order; and
(ii)comply with the conditions of the final order;
(b)if the court is satisfied that the respondent has a cognitive impairment, the respondent's ability to do the following, taking into account his or her cognitive impairment—
(i)understand the nature and effect of a final order; and
(ii)comply with the conditions of the final order.
(3)A final order may be made in respect of more than one affected person if—
(a)the court is satisfied in accordance with subsection (1) in respect of each affected person; or
(b)consent has been given, or the making of the order has not been opposed, in accordance with section 64 by—
(i)all the parties to the proceeding; and
(ii)if the application for the final order was brought with the consent of an affected person's parent or guardian, that parent or guardian.
(4)Despite subsection (1), the court must not make a final order if satisfied on the balance of probabilities that the respondent engaged in the prohibited behaviour or stalking without malice—
(a)in the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging for the publication, of news or current affairs material); or
(b)for the purpose of an industrial dispute; or
(c)for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.
(5)The court may make a final order whether or not—
(a)some or all of the prohibited behaviour or stalking constituting grounds for making the order occurred outside Victoria, so long as the affected person was in Victoria at the time at which that conduct occurred;
(b)the affected person was outside Victoria at the time at which some or all of the prohibited behaviour or stalking constituting grounds for making the order occurred, so long as that conduct occurred in Victoria.
62No final order if existing family violence intervention order
The court must not make a final order under section 61 or 64 if there is an existing family violence intervention order or non-local DVO made by a court that is a recognised DVO for which—
(1)It is the intention of sections 95 and 97 to alter or vary section 85 of the Constitution Act 1975.
(2)It is the intention of section 91 to alter or vary section 85 of the Constitution Act 1975.
183Rules of court and practice directions for Magistrates' Court
(1)The Chief Magistrate together with one or more Deputy Chief Magistrates may jointly make rules of court for or with respect to proceedings in the Magistrates' Court in relation to applications and orders made under this Act.
(2)Without limiting subsection (1), rules may be made for or with respect to the following matters—
(a)the proper venue for proceedings under this Act, including the transfer of proceedings between court venues;
(b)the right of parties to appear personally or to be represented by a legal practitioner;
(ba)processes and procedures for making and filing applications under this Act, including, but not limited to—
(i)making and filing applications by electronic communication; and
(ii)providing for different requirements, procedures or processes in relation to applications made during court hours, after hours or in remote areas and applications where the applicant or respondent is an adult or a child;
(c)the amendment of applications;
(d)the striking out or dismissal by the court of matters;
(e)the adjournment of proceedings by the court and the power to stay orders;
(f)access to records and documents held by the court;
(fa)forms, notices and written explanations;
(g)extracts from records and documents held by the court and certification of those extracts;
(h)mediation assessments and mediations.
(3)A power conferred by this Act to make rules may be exercised in accordance with section 16(1D) and 16(1E) of the Magistrates' Court Act 1989 as if the rules had been made under section 16 of that Act.
(4)To remove any doubt, it is declared that the power of the Chief Magistrate to issue practice directions, statements or notes for the court under section 16A of the Magistrates' Court Act 1989 in relation to civil proceedings or any class of civil proceedings includes power to issue practice directions, statements or notes for the court in relation to proceedings, or any class of proceedings, with respect to applications or orders made under this Act, including, but not limited to, making and filing applications by electronic communication.
(5)A practice direction, statement or note issued with respect to proceedings, or any class of proceedings, with respect to applications under this Act is taken to have been issued under section 16A(1) of the Magistrates' Court Act 1989.
184Rules of court and practice directions for Children's Court
(1)The President of the Children's Court together with 2 or more magistrates of the court may jointly make rules for or with respect to proceedings in the court in relation to applications and orders made under this Act.
(2)Without limiting subsection (1), rules may be made for or with respect to the following matters—
(a)the proper venue for proceedings under this Act, including the transfer of proceedings between court venues;
(b)the right of parties to appear personally or to be represented by a legal practitioner;
(ba)processes and procedures for making and filing applications under this Act, including, but not limited to—
(i)making and filing applications by electronic communication; and
(ii)providing for different requirements, procedures or processes in relation to applications made during court hours, after hours or in remote areas and applications where the applicant or respondent is an adult or a child;
(c)the amendment of applications;
(d)the striking out or dismissal by the court of matters;
(e)the adjournment of proceedings by the court and the power to stay orders;
(f)access to records and documents held by the court;
(fa)forms, notices and written explanations;
(g)extracts from records and documents held by the court and certification of those extracts;
(h)mediation assessments and mediations.
(3)Rules made under subsection (1) may adopt or apply rules made for the Magistrates' Court under section 183.
(4)To remove any doubt, it is declared that the power of the President of the Children's Court to issue practice directions, statements or notes for the court under section 592 of the Children, Youthand Families Act 2005 in relation to proceedings in the Family Division or the Criminal Division, or any class of proceedings in the Family Division or Criminal Division, includes power to issue practice directions, statements or notes for the court in relation to proceedings, or any class of proceedings, with respect to applications or orders made under this Act, including, but not limited to, making and filing applications by electronic communication.
(5)A practice direction, statement or note issued with respect to proceedings, or any class of proceedings, with respect to applications or orders under this Act is taken to have been issued under section 592(1) of the Children, Youth andFamilies Act 2005.
184AValidation of certain applications
An application for a personal safety intervention order that was made by electronic communication on or after 1 March 2020 by a person other than a police officer is to be taken to be, and to always have been, a valid application under Part 3 as if it were filed at the proper venue of the court.
185Regulation making power
(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)Without limiting subsection (1), the regulations may prescribe—
(a)the content of forms to be used for the purposes of this Act; and
(b)matters relevant to applications made under this Act; and
(c)the content of orders, applications, notices and certificates made under this Act.
PART 13—REPEAL OF STALKING INTERVENTION
ORDERS ACT 2008 AND TRANSITIONAL PROVISIONS
Division 1—Repeal of Stalking Intervention Orders Act 2008
186Repeal of Stalking Intervention Orders Act 2008
The Stalking Intervention Orders Act 2008 is repealed.
Division 2—Transitional provisions
187Definitions
In this Division—
commencement day means the day that section 186 comes into operation;
final order means a final order within the meaning of the repealed Act;
interim order means an interim order within the meaning of the repealed Act;
intervention order means an intervention order within the meaning of the repealed Act;
repealed Act means the Stalking Intervention Orders Act 2008 as in force immediately before its repeal.
188Final orders
(1)On and from the commencement day, a final order made under the repealed Act is taken to be a final personal safety intervention order made under this Act.
(2)Without limiting subsection (1), the final order—
(a)continues subject to any restriction or prohibition included in the order as if the restriction or prohibition had been included in the order under this Act; and
(b)may be revoked, varied or extended under this Act as if it had been made under this Act.
189Interim orders
(1)On and from the commencement day, an interim order made under the repealed Act is taken to be an interim personal safety intervention order made under this Act.
(2)If, immediately before the commencement day—
(a)an interim order had been made under the repealed Act; but
(b)proceedings for the hearing of the application for the final order had not yet started—
the proceedings for the hearing of the application for the final order may proceed under this Act as if it were a hearing for an application for a personal safety intervention order and the interim order were an interim personal safety intervention order.
190Applications for intervention orders
(1)This section applies if, immediately before the commencement day, an application for an intervention order or an application for the variation, revocation or extension of an intervention order had been made under the repealed Act but a proceeding in relation to the application had not yet started.
(2)On and from the commencement day, the application may be dealt with under this Act as an application for a personal safety intervention order or the variation, revocation or extension of a personal safety intervention order as if it were an application made under this Act.
191Proceedings
(1)This section applies if, immediately before the commencement day—
(a)proceedings under the repealed Act for a final order or interim order, or the variation, revocation or extension of a final order, had started but had not yet been finalised; or
(b)an appeal under section 30 or 31 of the repealed Act had been started but had not yet been finalised.
(2)The proceeding may continue under the repealed Act as if that Act had not been repealed.
(3)An interim order is made, varied or extended in a proceeding referred to in subsection (1) is taken to be an interim personal safety intervention order made under this Act.
(4)A final order made, varied or extended in a proceeding referred to in subsection (1) is taken to be a final personal safety intervention order made under this Act.
192Interstate and New Zealand orders
(1)An order registered as a corresponding interstate order under section 43 of the repealed Act before the commencement day is taken, on and from the commencement day, to be registered under this Act as a corresponding interstate order.
(2)An order registered as a corresponding New Zealand order under section 46 of the repealed Act before the commencement day is taken, on and from the commencement day, to be registered under this Act as a corresponding New Zealand order.
193Acts committed before commencement day relevant
In deciding whether to make a personal safety intervention order, the court may take into account behaviour that—
(a)was committed by the respondent before the commencement day; and
(b)if it were committed by the respondent after the commencement day, would be prohibited behaviour or stalking within the meaning of this Act.
194Directions under the repealed Act to surrender firearms
(1)A direction under section 35(2) of the repealed Act existing immediately before the commencement day is, on and from the commencement day, taken to be a direction given under section 115.
(2)If, immediately before the commencement day, a firearm, firearms authority or ammunition—
(a)was surrendered under section 35 or seized under section 40 of the repealed Act; and
(b)had not been returned to the person, forfeited to the Crown or disposed of in accordance with section 41 or 42 of the repealed Act—
on and from the commencement day sections 121 and 122 apply to the firearm, firearms authority or ammunition as if it had been surrendered under section 115 or seized under section 120.
(3)This section does not apply if the direction was given, or the firearm, firearms authority or ammunition was surrendered or seized, in relation to a proceeding referred to in section 191(1).
195Search warrants issued under repealed Act
(1)If, immediately before the commencement day, a firearm, firearms authority, ammunition or other article—
(a)was seized pursuant to a search warrant issued under section 37 of the repealed Act; and
(b)had not been returned to the person, forfeited to the Crown or disposed of in accordance with section 41 or 42 of the repealed Act—
on and from the commencement day sections 121 and 122 apply to the firearm, firearms authority, ammunition or other article as if it had been seized under section 117.
(2)This section does not apply if the firearm, firearms authority, ammunition or other article was seized pursuant to a warrant issued in relation to a proceeding referred to in section 191(1).
196Police complainants and police prosecutors—Crimes (Family Violence) Act 1987
Despite its repeal, section 7A(2) of the Crimes (Family Violence) Act 1987 continues to apply—
(a)to a police officer in relation to a complaint or application made by that police officer under that Act as in force immediately before its repeal; or
(b)in relation to the police officer representing another police officer at a hearing in accordance with section 7A(1) of that Act.
Division 3—Children, Youth and Families Amendment Act 2013
197Transitional provision—Children, Youth and Families Amendment Act 2013
Section 104A as inserted by section 76 of the Children, Youth and Families Amendment Act 2013 applies to an application under this Act made on or after the commencement of section 76 of that Act.
Division 4—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
198Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
The amendments made to sections 183 and 184 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 5—Justice Legislation Miscellaneous Amendment Act 2018
199Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018
Section 130A as amended by section 63 of the Justice Legislation Miscellaneous Amendment Act 2018 applies to a personal safety intervention order that has effect on or after the commencement of section 63 of that Act, irrespective of when the order was made.
Division 6—Youth Justice Act 2024
200Transitional provision—Youth Justice Act 2024—increase in minimum age of criminal responsibility
(1)If, immediately before the commencement of Part 1.2 of the Youth Justice Act 2024, a personal safety intervention order is in force against a respondent who was 10 or 11 years of age on the date that the application for the order was made, the order is, by virtue of this section, taken to be set aside on the commencement of that Part.
Note
Personal safety intervention order includes a final order and an interim order—see section 4.
(2)To avoid doubt, if a personal safety intervention order is taken to be set aside under this section, the respondent is released from any obligation to comply with the conditions of the order.
201Transitional provision—Youth Justice Act 2024—dismissal of application
(1)If an application to make, vary, revoke or extend a personal safety intervention order has been made against a child who was 10 or 11 years of age on the date of the making of the application, and that application has not been finally determined immediately before the commencement of Part 1.2 of the Youth Justice Act 2024, on the commencement of that Part—
(a)the court must dismiss the application; and
(b)any direction given under section 26(1) requiring the child and any other party to the application to attend a mediation assessment or mediation is of no effect; and
(c)any order made under section 53(1) for the Secretary to provide an assessment report in respect of the child is, by virtue of this section, taken to be set aside.
(2)As soon as reasonably practicable after an application has been dismissed under subsection (1), the court must notify the child and any other party to the application of the dismissal of that application.
(3)Notice under subsection (2) must be given no later than the date on which the application was listed for its next hearing.
202Transitional provision—Youth Justice Act 2024—power to resolve transitional difficulties in proceeding
(1)A court may make any order it considers appropriate to resolve a difficulty in a proceeding that arises because of the operation of this Division, including any difficulty that arises as a consequence of the dismissal of an application or the setting aside of a personal safety intervention order.
(2)An order under subsection (1)—
(a)may be made on application of a party to the proceeding or on the court's own initiative; and
(b)has effect despite any provision to the contrary made by or under any Act (other than the Charter of Human Rights and Responsibilities Act 2006).
(3)This section is repealed on the fifth anniversary of the day on which it comes into operation.
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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: 9 June 2010
Legislative Council: 29 July 2010
The long title for the Bill for this Act was "A Bill for an Act to make provision for a system of personal safety intervention orders, the use of mediation and other matters relating to the prevention and resolution of prohibited behaviour and stalking, to repeal the Stalking Intervention Orders Act 2008 and for other purposes."
The Personal Safety Intervention Orders Act 2010 was assented to on 7 September 2010 and came into operation as follows:
Sections 1–3, 197–209, 222–224 on 1 December 2010: Government Gazette 14 October 2010 page 2405; sections 4–196, 210–221, 225 on 5 September 2011: Special Gazette (No. 271) 23 August 2011 page 1.
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 Personal Safety Intervention Orders Act 2010 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Personal Safety Intervention Orders Act 2010, No. 53/2010
Assent Date: 7.9.10 Commencement Date: S. 225 on 1.1.13: s. 225; s. 181C inserted on 25.4.20 by No. 11/2020 s. 41: s. 2 (as amended by No. 27/2020 s. 39) Note: S. 181C repealed Pt 11A (ss 181A–181C) on 26.4.21 Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Family Violence Protection Amendment (Safety Notices) Act 2011, No. 16/2011
Assent Date: 31.5.11 Commencement Date: Ss 8, 9 on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 CurrentState: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Crimes Amendment (Bullying) Act 2011, No. 20/2011
Assent Date: 7.6.11 Commencement Date: Ss 9, 10 on 8.6.11: s. 2(4) CurrentState: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011, No. 48/2011
Assent Date: 22.9.11 Commencement Date: S. 25 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 4 CurrentState: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011
Assent Date: 22.11.11 Commencement Date: S. 100 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 CurrentState: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Children, Youth and Families Amendment Act 2013, No. 52/2013
Assent Date: 24.9.13 Commencement Date: Ss 70–79 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 Personal Safety Intervention Orders Act 2010
Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013
Assent Date: 17.12.13 Commencement Date: Ss 32–38 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 Personal Safety Intervention Orders Act 2010
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S 10(Sch. item 123) 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 Personal Safety Intervention Orders Act 2010
Vexatious Proceedings Act 2014, No. 42/2014
Assent Date: 17.6.14 Commencement Date: Ss 126–136 on 31.10.14: s. 2(2) CurrentState: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014
Assent Date: 26.8.14 Commencement Date: S. 178 on 1.3.15: s. 2(4) Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Powers of Attorney Act 2014, No. 57/2014
Assent Date: 26.8.14 Commencement Date: S. 159 on 1.9.15: s. 2(2) Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Privacy and Data Protection Act 2014, No. 60/2014
Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 35) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 CurrentState: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Family Violence Protection Amendment Act 2014, No. 77/2014
Assent Date: 21.10.14 Commencement Date: Ss 24–27 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2 CurrentState: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014
Assent Date: 21.10.14 Commencement Date: Ss 52, 53 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2 CurrentState: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Justice Legislation Amendment Act 2015, No. 20/2015
Assent Date: 16.6.15 Commencement Date: S. 45 on 17.6.15: s. 2(3) CurrentState: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Justice Legislation Further Amendment Act 2016, No. 3/2016
Assent Date: 16.2.16 Commencement Date: Ss 87, 88 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 Personal Safety Intervention Orders Act 2010
National Domestic Violence Order Scheme Act 2016, No. 53/2016
Assent Date: 18.10.16 Commencement Date: Ss 111–115 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 Personal Safety Intervention Orders Act 2010
Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017
Assent Date: 14.6.17 Commencement Date: S. 42 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 93) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018
Assent Date: 10.4.18 Commencement Date: S. 38 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1 Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018
Assent Date: 14.8.18 Commencement Date: Ss 40, 76–78 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1; ss 72–75, 112–115 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1; s. 48 on 1.9.20: s. 2(3) Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018
Assent Date: 25.9.18 Commencement Date: Ss 63, 64 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 Personal Safety Intervention Orders Act 2010
Guardianship and Administration Act 2019, No. 13/2019
Assent Date: 4.6.19 Commencement Date: S. 221(Sch. 1 item 37) on 1.3.20: s. 2(2) Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020
Assent Date: 24.4.20 Commencement Date: S. 41 on 25.4.20: s. 2 Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020
Assent Date: 20.10.20 Commencement Date: S. 39 on 21.10.20: s. 2 Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Change or Suppression (Conversion) Practices Prohibition Act 2021, No. 3/2021
Assent Date: 16.2.21 Commencement Date: S. 65 on 17.2.22: s. 2(2) Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022
Assent Date: 15.2.22 Commencement Date: Ss 118–121 on 16.2.22: s. 2(1); ss 103−105 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 Personal Safety Intervention Orders Act 2010
Justice Legislation Amendment Act 2022, No. 20/2022
Assent Date: 31.5.22 Commencement Date: S. 37 on 1.6.22: s. 2(1) Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
Youth Justice Act 2024, No. 32/2024
Assent Date: 10.9.24 Commencement Date: Ss 837–839 on 30.9.25: s. 2(2) Current State: This information relates only to the provision/s amending the Personal Safety Intervention Orders Act 2010
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3 Explanatory details
No entries at date of publication.
0
0
0