Who is leading the change
- Victoria Police
Victoria Police amend the Victoria Police Code of Practice for the Investigation of Family Violence to refer to the existence of the Victoria Police power to arrest for breach of an injunction for personal protection under the Family Law Act 1975 (Cth) and to encourage police to exercise that power. Victoria Police should provide training in relation to the existence of that power.
The Victoria Police Code of Practice for the Investigation of Family Violence has been amended to inform police they have the ability to arrest a perpetrator for a breach of injunction under the Family Law Act (Cth) 1975.
This guidance material will be embedded in family violence education programs developed by Victoria Police’s Centre of Learning for Family Violence.
The Royal Commission made a number of recommendations to improve guidance for police in the Code of Practice on a number of topics. To implement these recommendations new practice notes on a range of specific topics have been included in the Code of Practice.
The ‘Family Law Acts and Interstate Orders’ practice note has been developed to implement this recommendation. This practice note:
- refers police to the existing policy located within the Victoria Police Manual Procedure and Guideline - Family Violence which instructs police how to determine if an order exists, including those made under the Family Law Act (Cth) 1975, when investigating and pursuing criminal offences
- refers to the Section 114 of the Act in defining when an injunction can be sought
- states the circumstances that Victoria Police have the power to arrest under the Act when an injunction is in force and a breach has occurred
- informs police of their responsibilities under the Act if an arrest is made
The amended Code of Practice incorporating this practice note has been published on the Victoria Police website. It has also been communicated to family violence teams and operational police across Victoria Police.
As the above activities are complete this recommendation has been implemented.
Reviewed 17 May 2020