Victorian Numbered Acts

FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2017 (NO. 19 OF 2017) - SECT 17

    (1)     Before section 57(1) of the Principal Act insert —

    "(1AA)     This section applies if the court makes an interim order against a respondent who is an adult.".

    (2)     In section 57(1) of the Principal Act, for all words and expressions commencing "If a court" and ending "matters—" substitute "If the court makes an interim order, and the respondent or protected person (or both) are before the court, the court must explain to the respondent and protected person (or whichever of them is before the court) the following matters—".

    (3)     In section 57(1)(d) and (h) of the Principal Act, for "affected family member" substitute "protected person".

    (4)     For section 57(2) and (2A) of the Principal Act substitute —

    "(2)     An explanation under subsection (1) must be a clear oral explanation.

    (2A)     A written notice including the matters referred to in subsection (1), in the form prescribed by the rules, must—

        (a)     be given to the protected person and respondent (or whichever of them is before the court) with a copy of the interim order; or

        (b)     otherwise, be given to the protected person or be served on the respondent, with the copy of the interim order.

    (2B)     The written notice may include any additional information the court considers necessary to explain the interim order.".

    (5)     In section 57(3) of the Principal Act, for "appropriate registrar" substitute "court".