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Allow alternative service of applications for family violence intervention orders

Recommendation:
057
Status:
Implemented

Who is leading the change

  • Department of Justice and Community Safety

The Victorian Government amend the Family Violence Protection Act 2008 (Vic) to extend the ability of the Magistrates’ Court of Victoria and the Children’s Court of Victoria to order service of applications for family violence intervention orders and orders in the first instance other than by personal service, if the court is satisfied that alternative service:

  • is likely to be effective
  • will not result in an unacceptable risk to the safety of the protected person or any other person
  • is, in all the circumstances, appropriate
  • As part of our approach, the Department of Justice and Regulation developed legislative amendments to address Recommendations 22, 30(a), 57, 72, 75, 76, 78, 132, 138 and 150 for inclusion in the Family Violence Protection Amendment Bill 2017.

    Stakeholders have been consulted and feedback has been sought on the draft Bill to identify any outstanding technical or policy issues. Stakeholders consulted during this process included representatives across government and non-government organisations within the specialist family violence, justice, children and families, and legal services sectors as well as various committees. For example, the Chief Magistrate’s Family Violence Taskforce, the Family Violence Steering Committee, the Judicial Advisory Group on Family Violence, the Victim Survivors’ Advisory Council, and the LGBTI Justice Working Group.

  • The Family Violence Protection Amendment Bill 2017 was introduced into Parliament on 7 March 2017 and passed on 10 May 2017.

    The amendments implementing recommendation 57 came into effect on 29 March 2018.

  • Implemented.

Reviewed 17 May 2020

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