Victorian Numbered Acts

FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2017 (NO. 19 OF 2017) - SECT 10

For section 77 of the Principal Act substitute —

        "     77     Court must make final order for a child if court makes final order for affected family member

    (1)     This section applies if—

        (a)     the court makes a final order under section 74 in relation to an affected family member; and

        (b)     the court is satisfied, on the balance of probabilities, that a child has been subjected to family violence committed by the respondent (whether or not that child is also an affected family member).

    (2)     Unless the court makes the final order under section 74 by consent, subject to subsection (4), the court must—

        (a)     if the child's need for protection is substantially the same as that of the affected family member, include the child in the final order as a protected person; or

        (b)     otherwise, make a separate final order for the child as a protected person.

    (3)     If the court makes the final order by consent under section 74, and that order does not include the child, subject to subsection (4), the court must make a separate final order for the child as a protected person.

    (4)     The court is not required under this section to include the child in the final order or to make a separate final order to protect the child if the court is satisfied that it is not necessary to do so to protect the child from family violence committed by the respondent.

        77A     Court must make final order for a child if court makes associated final order for affected family member or additional applicant

    (1)     This section applies if—

        (a)     the court makes a final order under section 76 in relation to an affected family member or an additional applicant; and

        (b)     the court is satisfied, on the balance of probabilities, that a child (whether or not the child is also an affected family member or an additional applicant) has been subjected to behaviour that would be family violence if the child and the respondent or additional respondent were family members.

    (2)     Unless the court makes the final order under section 76 by consent, subject to subsection (4), the court must—

        (a)     if the child's need for protection is substantially the same as that of the affected family member or additional applicant, include the child in the final order as a protected person; or

        (b)     otherwise, make a separate final order for the child as a protected person.

    (3)     If the court makes the final order by consent under section 76, and that order does not include the child, subject to subsection (4), the court must make a separate final order for the child as a protected person.

    (4)     The court is not required under this section to include the child in the final order or to make a separate final order to protect the child if the court is satisfied that it is not necessary to do so to protect the child from behaviour that would be family violence committed by the respondent or additional respondent, as the case requires.

        77B     Protection of a child on court's own initiative—final order not made for affected family member or additional applicant

    (1)     If the court does not make a final order under section 74 in relation to an affected family member, the court may, on its own initiative, make a final order for a child of an affected family member or respondent as a protected person if satisfied, on the balance of probabilities, that the respondent has committed family violence against the child and is likely to continue to do so or do so again.

    (2)     If the court does not make a final order under section 76 in relation to an affected family member or an additional applicant, the court may, on its own initiative—

        (a)     make a final order for a child of an affected family member as a protected person if satisfied, on the balance of probabilities, that the additional respondent has subjected the child to behaviour that would be family violence if the child and the additional respondent were family members, and is likely to continue to do so or do so again; or

        (b)     make a final order for a child of an additional applicant as a protected person if satisfied, on the balance of probabilities, that the respondent has subjected the child to behaviour that would be family violence if the child and the respondent were family members, and is likely to continue to do so or do so again.".