Amend sections 57 and 96 of the Family Violence Protection Act 2008 (Vic) to provide legal explanations to involved parties

Recommendation 132

Implemented

Who is leading the change

Department of Health and Human Services, Department of Justice and Community Safety

The Victorian Government amend sections 57 and 96 of the Family Violence Protection Act 2008 (Vic) to:

  • require magistrates to give an applicant, and a respondent if the respondent appears before the court, an explanation of how a family violence intervention order interacts with any existing or new Family Law Act 1975 (Cth) order or an order under the Children, Youth and Families Act 2005 (Vic). This explanation should be given on the making of both an interim family violence intervention order and a final family violence intervention order
  • if the court has varied, suspended, revoked or revived a Family Law Act order, require magistrates to explain the purpose, terms and effect on the family violence intervention order
  • permit the court to request that the legal practitioner provide the requisite explanations when a person to whom the family violence intervention order is directed is legally represented
  • if the parties do not appear before a magistrate, require the relevant court registrar to provide information in writing on the interaction between either an interim or final family violence intervention order and any applicable orders under the Family Law Act o the Children, Youth and Families Act

Updated