Explanation of family violence safety notice
35 Explanation of family violence safety notice
A police officer who serves a family violence safety notice on a respondent or a protected person must—
explain the notice to the respondent or protected person; and
take reasonable steps to ensure the respondent or protected person understands the nature and consequences of the notice.
Without limiting subsection (1), the police officer who serves a notice on a respondent or gives a copy of the notice to the protected person must explain—
the purpose of the notice; and
the duration of the notice; and
the conditions of the notice; and
the consequences of the respondent contravening the notice; and
S. 35(2)(da) inserted by No. 53/2016 s. 46.
that the notice 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; and
that the protected person cannot consent to the respondent contravening the notice; and
that the notice is a summons to attend court on the first mention date specified in the notice and the consequences for failing to attend court at that time on that date; and
the right of the respondent or protected person to obtain legal advice before the first mention date; and
any other matter prescribed under the regulations.
If the police officer determines that the respondent or protected person is unable to sufficiently understand the English language, the officer must comply with the officer's obligations under this section via a competent interpreter.
Failure by a police officer to comply with this section does not invalidate a family violence safety notice.
This provision refers to the regulations (prescribed under the regulations
). Made under this Act:
- Family Violence Protection (Information Sharing and Risk Management) Regulations 2018 · under sections 210A, 210B and 211
- Family Violence Protection Regulations 2018 · under section 211
- Magistrates' Court (Family Violence Protection) Rules 2018 · under section 209
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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