Family Violence Protection Amendment Regulations 2017

Family Violence Protection Amendment Regulations2017

S.R. No. 112/2017

table of provisions

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Principal Regulations 2

5 Regulation 6 revoked 2

6 Regulation 7 revoked 2

7 Amendments to Form 1 2

8 Amendments to Form 2 3

9 Amendments to Form 2A 5

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Endnotes 7

Family Violence Protection Amendment Regulations2017

S.R. No. 112/2017

statutory rules 2017

S.R. No. 112/2017

Family Violence Protection Amendment Regulations2017

S.R. No. 112/2017

Family Violence Protection Act 2008

Family Violence Protection Amendment Regulations2017

S.R. No. 112/2017

Family Violence Protection Amendment Regulations2017

Family Violence Protection Amendment Regulations2017

S.R. No. 112/2017

The Governor in Council makes the following Regulations:

Dated: 15 November 2017

Responsible Minister:

MARTIN PAKULA

Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the Family Violence Protection Regulations 2008—

(a) to make consequential amendments as a consequence of the National Domestic Violence Order Scheme Act 2016; and

(b) to update certain Forms.

2 Authorising provision

These Regulations are made under section 211 of the Family Violence Protection Act 2008.

3 Commencement

These Regulations come into operation on 25November 2017.

4 Principal Regulations

In these Regulations, the Family Violence Protection Regulations 2008[1] are called the Principal Regulations.

5 Regulation 6 revoked

Regulation 6 of the Principal Regulations is revoked.

6 Regulation 7 revoked

Regulation 7 of the Principal Regulations is revoked.

7 Amendments to Form 1

(1) In Form 1 of the Principal Regulations, for the words and expressions commencing "You have been directed because a police officer—" and ending "reasonably believes that your direction is necessary to ensure the safety of a family member or to protect a family member's property." substitute—

"You have been directed because a police officer—

· intends to apply for a family violence safety notice, a family violence intervention order, or an order varying a family violence intervention order or a recognised DVO; or

· reasonably believes that a family violence intervention order or a family violence safety notice has been made against you that has not been served and intends to serve a copy of the order or notice on you; or

· reasonably believes that a recognised DVO has been made against you and intends to obtain a copy of the order and, if the order has not been served, serve a copy of the order on you.

The police officer can only direct you if the officer also—

· reasonably suspects that you are an adult; and

· reasonably believes that your direction is necessary to ensure the safety of a family member or to protect a family member's property.".

(2) In Form 1 of the Principal Regulations, for the words and expressions commencing "The police may direct or detain you for up to 6 hours." and ending "or when the police officer decides not to proceed with an application for an order under thisAct." substitute—

"The police may direct or detain you for up to 6 hours. Thedirection or detention will end when police either serve you with a copy of a family violence safety notice, a family violence intervention order or a recognised DVO or arrest you under a warrant, provided that police reasonably believe that necessary protection is in place for an affected family member. The direction or detention may also end when—

· a magistrate refuses to grant a warrant or orderunder the Family Violence Protection Act2008; or

· a police officer obtains a copy of a recognised DVO; or

· a police officer becomes aware that a family violence safety notice, a family violence intervention order or a recognised DVO has not been made against you; or

· a police officer decides not to proceed with an application for an order under the Family Violence Protection Act2008.".

8 Amendments to Form 2

(1) In item 8 of Form 2 of the Principal Regulations, for "A contravention" substitute "In Victoria a contravention".

(2) In item 9 of Form 2 of the Principal Regulations, for "A person" substitute "In Victoria a person".

(3) After item 20 of Form 2 of the Principal Regulations insert—

"20A. An application may also be made to changean interim order to a court in any other State or a Territory that has enacted thecorresponding DVO recognition laws. Seeitem 25.".

(4) In the heading before item 25 of Form 2 of the Principal Regulations, for "state or a territory" substitute "State or a Territory".

(5) For items 25 to 27 of Form 2 of the Principal Regulations substitute—

"25. Yes. A Victorian interim order may be enforced against the respondent in any otherState or a Territory that has enacted thecorresponding DVO recognition laws. These States and Territories have enacted thecorresponding DVO recognition laws [insert a list of the States and Territories thathave enacted the corresponding DVO recognition laws].".

(6) In Form 2 of the Principal Regulations, for "Women's Domestic Violence Crisis Service" substitute "Safe Steps Family Violence Response Centre".

(7) In Form 2 of the Principal Regulations, for "Elizabeth Hoffman House Aboriginal Women's Family Violence Services"substitute "Elizabeth Morgan HouseAboriginal Women's Service".

(8) In Form 2 of the Principal Regulations, before "Men's Referral Service" insert "No To Violence incorporating the".

(9) In Form 2 of the Principal Regulations, for "TheMen's" substitute "No To Violence incorporating the Men's".

9 Amendments to Form 2A

(1) In item 8 of Form 2A of the Principal Regulations, for "A contravention" substitute "In Victoria a contravention".

(2) In item 9 of Form 2A of the Principal Regulations, for "A person" substitute "In Victoria a person".

(3) After item 12 of Form 2A of the Principal Regulations insert—

"12A. An application may also be made to extend afinal order to a court in any other State or a Territory that has enacted the corresponding DVO recognition laws. See item 30.".

(4) After item 15 of Form 2A of the Principal Regulations insert—

"15A. An application may also be made to vary orrevoke a final order to a court in any otherState or a Territory that has enacted thecorresponding DVO recognition laws. See item 30.".

(5) After item 25 of Form 2A of the Principal Regulations insert—

"25A. Being subject to a final order may also have consequences for a respondent's access to firearms and weapons and associated licences, permits or authorities in other States and Territories.".

(6) After item 29 of Form 2A of the Principal Regulations insert—

"29A. Other States and Territories may recognise a firearms or weapons condition included in a final order. If so, this will have consequences for a respondent's access to firearms and weapons licences, permits or authorities in those other States and Territories.".

(7) In the heading before item 30 of Form 2A of the Principal Regulations, for "state or a territory or New Zealand" substitute "State or a Territory".

(8) For items 30 to 32 of Form 2A of the Principal Regulations substitute—

"30. Yes. A Victorian final order may be enforced againstthe respondent in any other State or a Territory that has enacted the corresponding DVO recognition laws. These States and Territories have enacted the corresponding DVO recognition laws [insert a list of the States and Territories that have enacted the corresponding DVO recognition laws].

Can a final order be enforced in New Zealand?

31. Yes. A Victorian final order may be enforced in NewZealand if registered. If it is registered, the final order may be enforced under the law of New Zealand relating to protection from family or domestic violence.

32. If a protected person wishes to be protected by a Victorian final order in New Zealand they should contact the local court in that jurisdiction about what to do to register the order.

33. Respondents travelling to New Zealand should check with the local court to see if a Victorian final order has been registered in that jurisdiction.".

(9) In Form 2A of the Principal Regulations, for "Women's Domestic Violence Crisis Service" substitute "Safe Steps Family Violence Response Centre".

(10) In Form 2A of the Principal Regulations, for "Elizabeth Hoffman House Aboriginal Women's Family Violence Services"substitute "Elizabeth Morgan HouseAboriginal Women's Service".

(11) In Form 2A of the Principal Regulations, before "Men's Referral Service" insert "No To Violence incorporating the".

(12) In Form 2A of the Principal Regulations, for "TheMen's" substitute "No To Violence incorporating theMen's".

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Endnotes

Family Violence Protection Amendment Regulations2017

S.R. No. 112/2017

Endnotes

[1] Reg.4: S.R. No.153/2008 as amended by S.R. No.40/2013.