Consider personal property conditions in family violence intervention orders

As part of the implementation approach, the Magistrates' Court of Victoria consulted with internal stakeholders on issuing a practice direction to encourage the use of personal property conditions in family violence intervention orders, and on including specific questions about personal property conditions in the information form that precedes the application for a family violence intervention order.

The Magistrates’ Court of Victoria also undertook a desktop review of internal guidelines and practices that relate to personal property conditions, and undertook consultation with magistrates on best practice in this area. As a result, a Judicial Practice Note was drafted and amendments made to the family violence intervention order application form in line with the Royal Commission recommendation.

The Judicial Practice Note encourages the Court to consider whether a personal property condition is required to protect the affected family member or members from family violence. It encourages the Court to include as much detail as possible, including what property can and cannot be removed by the respondent, what property must be returned by the respondent and how and when this must occur.

The Judicial Practice note was approved by the Chief Magistrate in May 2017, and has been disseminated to magistrates across the state. Tailored local implementation plans were developed and implemented to ensure that all operational staff were made aware of new the processes, including the publication of internal and external documentation.

This recommendation has been implemented.