Victorian Numbered Acts

FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2017 (NO. 19 OF 2017) - SECT 18

After section 57 of the Principal Act insert —

        " 57A     Explanation of interim order—child respondents

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

    (2)         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—

        (a)         the purpose, terms and effect of the interim order;

        (b)     the consequences and penalties that may follow if the respondent fails to comply with the terms of the interim order;

        (c)     that the interim order may be enforced against the respondent in another State or a Territory under the National Domestic Violence Order Scheme Act 2016 and corresponding DVO recognition laws;

        (d)     when the interim order expires and the means by which the interim order may be varied;

        (e)     for the respondent, that the interim order is a civil order of the court and the protected person cannot give permission to contravene the interim order;

        (f)     the process for deciding the final order;

        (g)     how the order interacts with a Family Law Act order or an order under the Children, Youth and Families Act 2005 ;

        (h)     if the court has varied, suspended, revoked or revived a Family Law Act order because it is inconsistent with the interim order, the purpose, terms and effect of the variation or suspension;

              (i)     any relevant family violence services offering legal, emotional or practical support that may be available to the protected person or respondent.

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

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

        (a)     be served on the respondent with the copy of the interim order; and

        (b)     be given to the protected person with the copy of the interim order.

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

    (6)     A failure by the court to explain an interim order in accordance with this section does not affect the validity of the interim order.".