Family Violence Protection Act 2008

If the applicant for the variation or extension of a family violence intervention order is a police officer, the application may be made without the consent of the protected person.

However, if the protected person does not consent to the variation or extension of the family violence intervention order—

the family violence intervention order may be varied only to include conditions referred to in section 81(2)(a), (f), (g) or (h); and

the family violence intervention order may be extended if the order is only subject to conditions referred to in paragraph (a); and

conditions must not be removed from the family violence intervention order.

Subsection (2) does not apply if—

the protected person is a child and—

no adult is protected by the family violence intervention order; or

the adult protected by the family violence intervention order consents to the variation or extension of the order; or

the protected person has a guardian and the guardian has consented to the application; or

the protected person is cognitively impaired.

To avoid doubt, it is declared that a police officer is not obliged, if asked by the protected person, to make an application for the variation or revocation of a family violence intervention order or the extension of a final order.