Family Violence Protection Amendment (Safety Notices) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Family Violence Protection Amendment (Safety Notices) Act 2011 No. 16 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO FAMILY VIOLENCE PROTECTION ACT 2008 3 3 Duration of family violence safety notice 3 4 Family violence safety notice taken to be application for family violence intervention order 3 5 Repeal of section 41 of the Family Violence Protection Act 2008 3 6 Power to make final order if affected family member has not consented to application or order—police applicants 3 7 Application made by police officer 4 PART 3—AMENDMENTS TO PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 AND REPEAL OF AMENDING ACT 5 8 Power to make final order if affected person has not consented to application or order—police applicants 5 9 Application made by police officer 5 10 Repeal of amending Act 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Family Violence Protection Amendment (Safety Notices) Act 2011 † No. 16 of 2011 [Assented to 31 May 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are to— (a) amend the Family Violence Protection Act 2008 to— (i) repeal the expiry of Division 2 of Part 3 to continue operation of family violence safety notices; and Victoria -- 2 of 8 -- Part 1—Preliminary Family Violence Protection Amendment (Safety Notices) Act 2011 No. 16 of 2011 2 Authorised by the Chief Parliamentary Counsel (ii) clarify the adjournment of family violence safety notices on the first mention date; and (iii) clarify the powers of the court relating to applications for family violence intervention orders made by police; and (b) amend the Personal Safety Intervention Orders Act 2010 to clarify the powers of the court relating to applications for personal safety intervention orders made by police. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 November 2011, it comes into operation on that day. __________________ s. 2 -- 3 of 8 -- Part 2—Amendments to Family Violence Protection Act 2008 Family Violence Protection Amendment (Safety Notices) Act 2011 No. 16 of 2011 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO FAMILY VIOLENCE PROTECTION ACT 2008 3 Duration of family violence safety notice In section 30(1)(b)(i) of the Family Violence Protection Act 2008, after "court" insert "adjourns the application for the family violence intervention order or". 4 Family violence safety notice taken to be application for family violence intervention order After section 31(1) of the Family Violence Protection Act 2008 insert— "(1A) A family violence safety notice that has ended under section 30(1)(b) continues to be taken to be an application for a family violence intervention order until the court finally determines the application or the application is withdrawn.". 5 Repeal of section 41 of the Family Violence Protection Act 2008 Section 41 of the Family Violence Protection Act 2008 is repealed. 6 Power to make final order if affected family member has not consented to application or order— police applicants (1) In the heading to section 75 of the Family Violence Protection Act 2008, after "application" insert "or order—police applicants". See: Act No. 52/2008. Reprint No. 1 as at 1 January 2011 and amending Act No. 53/2010. Law Today: www. legislation. vic.gov.au s. 3 -- 4 of 8 -- Part 2—Amendments to Family Violence Protection Act 2008 Family Violence Protection Amendment (Safety Notices) Act 2011 No. 16 of 2011 4 Authorised by the Chief Parliamentary Counsel (2) In section 75(2) of the Family Violence Protection Act 2008 for "has not consented to the making of the application" substitute "does not consent to the making of the final order". (3) For section 75(3)(a) of the Family Violence Protection Act 2008 substitute— "(a) the affected family member is a child and— (i) no adult affected family member is included in the application; or (ii) the adult affected family member included in the application consents to the making of the order; or". 7 Application made by police officer (1) In section 110(2) of the Family Violence Protection Act 2008, for "has not consented to the making of the application" substitute "does not consent to the variation or extension of the family violence intervention order". (2) For section 110(3)(a) of the Family Violence Protection Act 2008 substitute— "(a) the protected person is a child and— (i) no adult is protected by the family violence intervention order; or (ii) the adult protected by the family violence intervention order consents to the variation or extension of the order; or". __________________ s. 7 -- 5 of 8 -- Part 3—Amendments to Personal Safety Intervention Orders Act 2010 and Repeal of Amending Act Family Violence Protection Amendment (Safety Notices) Act 2011 No. 16 of 2011 5 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 AND REPEAL OF AMENDING ACT 8 Power to make final order if affected person has not consented to application or order—police applicants (1) In the heading to section 63 of the Personal Safety Intervention Orders Act 2010, after "application" insert "or order—police applicants". (2) In section 63(2) of the Personal Safety Intervention Orders Act 2010, for "has not consented to the making of the application" substitute "does not consent to the making of the final order". (3) For section 63(3)(a) of the Personal Safety Intervention Orders Act 2010 substitute— "(a) the affected person is a child and— (i) no adult affected person is included in the application; or (ii) the adult affected person included in the application consents to the making of the order; or". 9 Application made by police officer (1) In section 87(2) of the Personal Safety Intervention Orders Act 2010, for "has not consented to the making of the application" substitute "does not consent to the variation or extension of the personal safety intervention order". See: Act No. 53/2010. Law Today: www. legislation. vic.gov.au s. 8 -- 6 of 8 -- Part 3—Amendments to Personal Safety Intervention Orders Act 2010 and Repeal of Amending Act Family Violence Protection Amendment (Safety Notices) Act 2011 No. 16 of 2011 6 Authorised by the Chief Parliamentary Counsel (2) For section 87(3)(a) of the Personal Safety Intervention Orders Act 2010 substitute— "(a) the protected person is a child and— (i) no adult is protected by the personal safety intervention order; or (ii) the adult protected by the personal safety intervention order consents to the variation or extension of the order; or". 10 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 10 -- 7 of 8 -- Family Violence Protection Amendment (Safety Notices) Act 2011 No. 16 of 2011 7 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 April 2011 Legislative Council: 5 May 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010 and for other purposes." Endnotes -- 8 of 8 --