Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to provide for a national recognition scheme for family violence intervention orders and family violence safety notices, and other domestic violence orders; and
to make consequential amendments to the Family Violence Protection Act 2008 and other Acts.
This Act comes into operation on a day or days to be proclaimed.
The object of this Act is to establish, in conjunction with the corresponding laws, a national recognition scheme for domestic violence orders.
In this Act—
corresponding law means a law of another jurisdiction that—
contains provisions that substantially correspond to this Act; or
a prescribed law;
domestic violence concern—see section 8;
DVO means—
a local DVO; or
an interstate DVO; or
a foreign order;
family violence intervention order means a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008;
family violence safety notice means a family violence safety notice within the meaning of section 4 of the Family Violence Protection Act 2008;
final order means a DVO that is not an interim DVO;
foreign order means a New Zealand DVO;
general violence order means—
an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia; or
a violence restraining order under the Restraining Orders Act 1997 of Western Australia, other than—
a violence restraining order made under section 11B of that Act; or
a police order under that Act;
interim DVO means a DVO that is of an interim or provisional nature and, to avoid doubt, includes the following—
any DVO made by a police officer;
a temporary protection order under the Domestic and Family Violence Protection Act 2012 of Queensland;
any DVO prescribed to be an interim DVO;
interstate DVO—see section 6;
interstate law enforcement agency means—
the police force of another jurisdiction; or
any other agency of another jurisdiction responsible for the enforcement of DVOs in that jurisdiction;
issuing authority means a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction;
issuing jurisdiction, in relation to a DVO, means the jurisdiction in which the DVO is made;
jurisdiction means a State or a Territory;
local DVO—see section 5;
local law enforcement agency means Victoria Police;
make, in relation to a DVO, includes issue;
New Zealand DVO means an order made under the Domestic Violence Act 1995 of New Zealand or under an Act repealed by that Act;
non-local DVO means—
an interstate DVO; or
a foreign order;
participating jurisdiction means the following jurisdictions—
Victoria;
a jurisdiction in which a corresponding law is enacted;
properly notified—see section 16;
protected person means a person for whose protection or benefit a DVO is made;
recognised DVO—see sections 10 and 36;
recognised variation—see section 11;
registered foreign order—see section 7;
respondent means a person against whom a DVO is made;
revoke, in relation to a DVO, includes cancel;
vary, in relation to a DVO, includes the following—
amend or modify the DVO;
add further conditions, prohibitions or restrictions to the DVO or vary or delete conditions, prohibitions or restrictions;
extend or reduce the period for which the DVO remains in force.
A local DVO means—
a family violence intervention order; or
a family violence safety notice.
A registered foreign order is not a local DVO.
An interstate DVO means a prescribed order that—
substantially corresponds to a local DVO; and
is made under a law of another jurisdiction that contains provisions that substantially correspond to the Family Violence Protection Act 2008.
A registered foreign order is not an interstate DVO.
A registered foreign order means a foreign order that is—
a corresponding New Zealand order registered under Part 10 of the Family Violence Protection Act 2008; or
a prescribed order that is registered under a law of another jurisdiction that contains provisions that substantially correspond to Part 10 of the Family Violence Protection Act 2008.
An intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia addresses a domestic violence concern if the order is made because it is reasonable to suspect that the respondent will, without intervention, commit an act of domestic abuse (within the meaning of that Act).
A violence restraining order under the Restraining Orders Act 1997 of Western Australia addresses a domestic violence concern if the order is made because the respondent has committed, or because it is feared the respondent will commit, an act of family and domestic violence (within the meaning of section 6 of that Act).
A general violence order is taken, for the purposes of this Act, to be an order that addresses a domestic violence concern if—
it is declared to be an order that addresses a domestic violence concern by the issuing authority that makes the order; or
a registrar of a court of the jurisdiction in which the order was made makes an order declaring the order to be a recognised DVO in that jurisdiction.
An order in a prescribed class of order made in a participating jurisdiction is taken, for the purposes of this Act, to be an order that addresses a domestic violence concern.
For the purpose of this Act, a registered foreign order—
is taken to be made in the jurisdiction in which it is registered as a registered foreign order; and
is taken to be made when it becomes a registered foreign order in that jurisdiction.
A registered foreign order is varied or revoked, for the purpose of this Act, if its registration as a registered foreign order is varied or revoked.
A power conferred by this Act to vary or revoke a registered foreign order is a power to vary or revoke registration of the order as a registered foreign order.
Each of the following DVOs is a recognised DVO in Victoria—
a local DVO;
an interstate DVO made in a participating jurisdiction;
a foreign order that is a registered foreign order in any participating jurisdiction.
Note
Recognition can also extend to DVOs made in jurisdictions that are not, or are not yet, participating jurisdictions. See Part 7.
A DVO becomes a recognised DVO when it is made.
Note
A foreign order is taken to be made when it is registered as a registered foreign order.
A DVO is a recognised DVO, subject to this Act, for the period for which it remains in force in the jurisdiction in which it is made.
A variation to a recognised DVO that is done in Victoria or another jurisdiction is a recognised variation in Victoria in the circumstances provided for by this section.
A variation to a local DVO is a recognised variation in Victoria if the variation is done—
in Victoria by a court; or
in another participating jurisdiction by a court under a corresponding law.
A variation to an interstate DVO or foreign order is a recognised variation in Victoria if the variation is done—
in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or
in any participating jurisdiction by a court under this Act or a corresponding law.
Note
The issuing jurisdiction for a foreign order is the jurisdiction in which the order is registered.
A variation is recognised from the time that it is done.
A DVO ceases to be a recognised DVO if the DVO is revoked in Victoria or another jurisdiction and that revocation is recognised in Victoria.
A revocation of a local DVO is recognised in Victoria if the revocation is done—
in Victoria by a court; or
in another participating jurisdiction by a court under a corresponding law.
A revocation of an interstate DVO or foreign order is recognised in Victoria if the revocation is done—
in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or
in any participating jurisdiction by a court under this Act or a corresponding law.
The DVO ceases to be a recognised DVO from the time it is revoked.
Showing the first 12 of 44 provisions. See all provisions