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Empower courts to make interim family violence intervention orders on their own motion

Recommendation:
079
Status:
Implemented

Who is leading the change

  • Department of Justice and Community Safety

The Victorian Government legislate to empower courts to make interim family violence intervention orders on their own motion at any point during criminal processes—including bail proceedings and sentencing.

  • Our work to implement this recommendation included:

    • developing a model to implement Recommendation 79
    • conducting targeting consultation on the proposed model with key stakeholders, including courts, Victoria Police, Victoria Legal Aid and the Office of Public Prosecutions
    • undertaking broader consultation with stakeholders on draft amendments, including through the Chief Magistrate's Family Violence Taskforce, the Judicial Advisory Group on Family Violence, the Family Violence Steering Committee, the Victim Survivors' Advisory Council, the LGBTI Justice Working Group and the Department of Justice and Community Safety Koori Caucus Working Group
    • working with affected stakeholders to prepare for the legislative amendment to commence
  • The amendments responding to Recommendation 79 are included in the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018. These amendments were proclaimed on 10 December 2019.

  • Implemented.

Reviewed 17 May 2020

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