Victorian Numbered Acts

FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2017 (NO. 19 OF 2017) - SECT 7

After section 53 of the Principal Act insert —

        " 53AA     Court must make interim order for a child if court makes interim order for affected family member

    (1)     This section applies if—

        (a)     the court makes an interim order under section 53(1) 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)     If the court makes the interim order under section 53(1)(a) or (c), 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 interim order as a protected person; or

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

    (3)     If the court makes the interim order by consent under section 53(1)(b) , and that order does not include the child, subject to subsection (4), the court must make a separate interim order for the child as a protected person.

    (4)     The court is not required to include the child in the interim order or to make a separate interim order to protect the child if the court is satisfied that it is not necessary to do so to protect the child or ensure the safety of the child pending a final decision about the application.

        53AB     Interim protection of child on court's own initiative—interim order not made for affected family member

If the court does not make an interim order under section 53(1) in relation to an affected family member, the court may, on its own initiative, make an interim order for a child as a protected person if satisfied, on the balance of probabilities, that—

        (a)     the child has been subjected to family violence committed by the respondent; and

        (b)     an interim order is necessary to protect the child pending a final decision about the application.".