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.