Family Violence Protection Regulations 2008FILE/08-153sr004.docx · Web viewOCPC Victoria, Word...

Version No. 004

Family Violence Protection Regulations 2008S.R. No. 153/2008

Version incorporating amendments as at25 November 2017

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Definition 15 Revocation 18 Notice of rights and responsibilities—Form 1 29 Explanation of an interim order 210 Time limit to provide court report for the purposes of

section 84 210A Explanation of a final order 211 Certificate of respondent's non attendance 212 Surrender of firearms and weapons 213 Disclosure of information by organisations 4

Forms 5

Form 1—Family Violence Protection Act 2008 (Section 17) Information on Holding Powers for a Directed or Temporarily Detained Person 5

Form 2—Explanation of Interim Order 8

Form 2A—Explanation of Final Order 13

Form 3—Family Violence Protection Act 2008 (section 139) 19

Form 4—Family Violence Protection Act 2008 (section 139) 20

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Endnotes 21

1 General information 21

2 Table of Amendments 23

3 Amendments Not in Operation 24

4 Explanatory details 25

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Version No. 004


Version incorporating amendments as at25 November 2017

1 Objective

The objective of these Regulations is to prescribe matters necessary to be prescribed by, and to ensure the effective implementation of, the Family Violence Protection Act 2008.

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 8 December 2008.

4 Definition

In these Regulations—

the Act means the Family Violence Protection Act 2008.

5 Revocation

The Crimes (Family Violence) Regulations 20051 are revoked.

* * * * *

* * * * *

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Reg. 6 amended by S.R. No. 40/2013 reg. 5, revoked by S.R. No. 112/2017 reg. 5.

Reg. 7 revoked by S.R. No. 112/2017 reg. 6.

8 Notice of rights and responsibilities—Form 1

For the purposes of section 17(2)(b) of the Act, the prescribed information is the information set out in Form 1.

9 Explanation of an interim order

For the purposes of section 57 of the Act, the prescribed form is Form 2.

10 Time limit to provide court report for the purposes of section 84

For the purposes of section 84 of the Act, the prescribed time is 7 days.

10A Explanation of a final order

For the purposes of section 96(3) of the Act, the written notice must be in the form of Form 2A.

11 Certificate of respondent's non attendance

For the purposes of section 139(2) of the Act, the prescribed form is—

(a) if the certificate relates to an order under section 129 of the Act, Form 3; or

(b) if the certificate relates to an order under section 130 of the Act, Form 4.

12 Surrender of firearms and weapons

(1) An oral direction under section 158(3) of the Act must include the following particulars—

(a) if the police officer issuing the direction is not in uniform, the police officer's name and rank;

(b) a statement that it is an offence to fail to comply with a lawful direction.

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Reg. 10A inserted by S.R. No. 40/2013 reg. 6.

(2) A written notice under section 158(2)(b) of the Act directing the surrender of a firearm, firearms authority, ammunition or a weapon must include the following particulars—

(a) the name of the person who is given the direction;

(b) the address (if known) of the person who is given the direction;

(c) the date of birth (if known) of the person who is given the direction;

(d) the name, rank and station of the police officer issuing the direction;

(e) a statement that the direction is issued under section 158(2)(b) of the Family Violence Protection Act 2008;

(f) the date and time at which the direction is given;

(g) the place at which the firearm, firearms authority, ammunition or weapon is to be surrendered;

(h) a statement that the firearm, firearms authority, ammunition or weapon must be surrendered by the specified time (if any) or otherwise within 48 hours of the direction being given to the person;

(i) a description of the firearm, firearms authority, ammunition or weapon to be surrendered (if known), including identifiers such as the model and serial number;

(j) a statement that it is an offence under section 158(4) of the Act to fail to comply with the direction, punishable by 60 penalty units for failure to surrender a firearm and 30 penalty units for failure to surrender a firearms authority, ammunition or a weapon.

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13 Disclosure of information by organisations

For the purposes of section 207(1) of the Act, the prescribed way is by application in writing that sets out—

(a) the name of the organisation to which the application is made; and

(b) the date of the application; and

(c) the name, rank, registered number, station and contact telephone number of the police officer making the application; and

(d) the name of the respondent; and

(e) the respondent's date of birth (if known); and

(f) the respondent's gender; and

(g) that the request is made under section 207 of the Family Violence Protection Act 2008; and

(h) that if the organisation has the information requested in the application the organisation must give the police officer the information.

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FormsFORM 1

Regulation 8

FAMILY VIOLENCE PROTECTION ACT 2008 (SECTION 17)INFORMATION ON HOLDING POWERS FOR A DIRECTED

OR TEMPORARILY DETAINED PERSONTime: Date: Station:

Name: [insert name of person directed or detained]

You have been directed or detained under the holding power provisions in Division 1 of Part 3 of the Family Violence Protection Act 2008. You have been either—

directed to remain at, or go to and remain at, a police station; or

apprehended and detained at a police station or other specified place.

Why you have been directed or detained

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.

If you have been detained it is because you refused or failed to obey a direction of a police officer.

You are not under arrest if you have been detained. A police officer may use reasonable force to apprehend and detain you. It is an offence to escape or attempt to escape from the place where you are detained, and the penalty is 2 years imprisonment.

Form 1 amended by S.R. No. 112/2017 reg. 7.


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How long can I be directed or detained?

The police may direct or detain you for up to 6 hours. The direction 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 order under the Family Violence Protection Act 2008; 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 Act 2008.

The period of direction or detention may, in exceptional circumstances, be extended by a court to a total period not exceeding 10 hours. Before granting an extension the court will hear your views, if practicable. If an extension is granted you will receive a copy of the order which will show the time at which the direction or detention expires.

The court cannot grant any extension if the police are applying for a family violence safety notice.

You will be informed immediately when your direction or detention ends.

While you are directed or detained

Police can search you, and any vehicle, package or thing in your possession if they have reasonable grounds to suspect that you have any object in your possession that may cause injury or damage or may be used to escape.

Police must not question or interview you about any offence or alleged offence.

You may communicate, or attempt to communicate, with a lawyer. Police will arrange facilities to enable you to communicate with a lawyer or lawyer's clerk, and if practicable, arrangements will be made so you cannot be overheard.

You may communicate or attempt to communicate with a friend or relative to tell them of your whereabouts. Police will provide reasonable facilities to do this as soon as practicable. However you may not communicate with a friend or relative if police reasonably believe that the communication would be likely to jeopardise the safety of an affected family member or his or her property.


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You are not allowed, under any circumstances, to communicate with an affected family member while you are directed or detained.

Police officer providing information

Signature:

Name:

Rank/Registered number:


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FORM 2Regulation 9

EXPLANATION OF INTERIM ORDERWhat is an interim order?

1. An interim order is a temporary family violence intervention order made by the Magistrates' Court or the Children's Court to protect a person from family violence until the court can decide whether to make a final order. An interim order prevents a respondent from behaving in certain ways, or requires the respondent to do certain things, stated on the order.

2. An interim order is a civil order, and making an interim order does not necessarily mean that an offence has been committed. However contravention of an interim order is an offence punishable by imprisonment or a fine or both (see Item 8 below).

Who are the parties to an interim order?

3. The "affected family member" is the person who needs the protection of the order. After an interim order is made, an "affected family member" is called a "protected person".

4. The "applicant" is the person who applies for the family violence intervention order. The applicant may be the affected family member, or the applicant could be another person, such as a police officer. Section 45 of the Family Violence Protection Act 2008 lists the people who can apply for a family violence intervention order.

5. The "respondent" is the person against whom an application for a family violence intervention order or an order has been made.

6. The respondent, applicant and the adult protected person(s) will be given copies of the interim order. This is called being "served" with the order.

What happens if the respondent disobeys an interim family violence intervention order?

7. The respondent must obey all of the conditions listed in the order at all times.

8. If the respondent disobeys or "breaches" a condition in the order this means the respondent had "contravened" the order. In Victoria a contravention of an interim order is an offence punishable by 2 years imprisonment or a fine of 240 penalty units ** or both. In some

Form 2 amended by S.R. Nos 40/2013 reg. 7, 112/2017 reg. 8.


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circumstances, a higher penalty of 5 years imprisonment or a fine of 600 penalty units ** or both may apply. For example, where—

(a) the respondent contravenes the intervention order 3 or more times within a 28 day period; or

(b) the respondent contravenes the intervention order intending to cause harm or fear for safety, or knowing that the conduct will probably cause harm or fear for safety.

What if the protected person gives permission to contravene the order?

9. In Victoria a person cannot permit another person to contravene an order of the court. This means that, even if the protected person allows a respondent to disobey the order, the respondent would still commit an offence.

10. It is not a defence that the protected person consented to the behaviour that contravened an interim order.

How long does an interim order last?

11. An interim order ends when one of the following occurs—

(a) the court makes a final order; or

(b) the court makes a final order and it is served on the respondent; or

(c) the court refuses to make a final order; or

(d) the court revokes the interim order; or

(e) the application for the family violence intervention order is withdrawn.

When does the court make a decision about the final order?

12. The respondent, protected person and any other parties (for example, the police) will be notified of the next court date when served with the application for the family violence intervention order and the interim order.

13. The court may make a final order on the next court date if—

(a) the parties agree to a final order being made by the court; or

(b) the parties do not oppose the making of a final order; or

(c) the respondent does not attend court and the court is satisfied that the respondent has been served with a copy of the application for a family violence intervention order and the court is satisfied the evidence supports the making of a final order.


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14. The conditions of the final order may be the same or different to those included in the interim order, family violence safety notice or application for a family violence intervention order.

15. The final order may protect children who have been subjected to family violence by the respondent even if those children are not referred to in a family violence safety notice or an application for a family violence intervention order.

16. If either party, or both parties, oppose the court making a final order, the court will fix a new court date ("a contested hearing date") and the interim order will continue until that date. On this later date the parties and all their witnesses can come to court to give their evidence to the magistrate.

17. Special rules apply if the respondent wants to ask questions or challenge the evidence of protected witnesses, such as the affected family member or a child (called "cross-examination"). Section 70 of the Family Violence Protection Act 2008 lists other people who are protected witnesses. To cross-examine a protected witness, the respondent will need to have a lawyer at court. It is important to get legal advice about this. See the end of this notice for information about how to arrange legal advice.

18. After the magistrate has heard relevant evidence from the parties, he or she will decide whether to make a final order and, if so, what conditions should be included in the final order and how long the final order will last.

Can the interim order be varied?

19. Yes. The protected person, respondent or applicant, for example, can apply to have the interim order changed. Section 108 of the Family Violence Protection Act 2008 lists the people who can apply to have the interim order changed.

20. If the respondent wants the interim order changed, he or she cannot apply without the leave of the court. The magistrate must be satisfied there has been a change in circumstances since the interim intervention order was made and that the change may justify a change to the interim order before granting leave.

20A. An application may also be made to change an interim order to a court in any other State or a Territory that has enacted the corresponding DVO recognition laws. See item 25.

What if there is a Family Law Act 1975 order?

21. If there is a Family Law Act 1975 order in force, the magistrate who made the interim order may have changed or suspended the Family Law


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Act order if it was inconsistent with the interim order. The magistrate may have also revived the Family Law Act order. The purpose of the change, suspension or revival of the Family Law Act order is to prevent the respondent from committing family violence against a protected person (including preventing a child hearing or witnessing violence).

22. If the magistrate has made an interim order that affects a Family Law Act order, that order will continue until the return date of the interim order or for 21 days, whichever is sooner.

23. Speak to a lawyer about how any Family Law Act order and your interim order interact.

What if there is an order made under the Children, Youth and Families Act 2005?

24. The interim order applies despite any child protection order made by the Children's Court. Speak to a lawyer about how any child protection order and your interim order interact.

Can an interim order be enforced in another State or a Territory?

25. Yes. A Victorian interim order may be enforced against the 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].

Contacts

Legal advice

Victoria Legal Aid provides free legal advice and referrals.

[insert contact details]

Federation of Community Legal Centres may have a centre close to you that can provide advice.


Women's Legal Service Victoria provides free legal advice by telephone concerning family violence and family law.


Key support services

The Safe Steps Family Violence Response Centre provides crisis support and referral for women experiencing family violence.


inTouch Multicultural Centre Against Family Violence provides support for immigrant women who are victims of family violence.


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Elizabeth Morgan House Aboriginal Women's Service provides crisis accommodation and support for Aboriginal women and spouses of Aboriginal men.


The following support services are available to help men who use violence toward their families.

No To Violence incorporating the Men's Referral Service


No To Violence incorporating the Men's Referral Service is a statewide service which provides free and independent advice about what men can do. This anonymous and confidential service can provide suggestions about where to go for more assistance.

Salvation Army Crisis Services


The Crisis Service is a statewide service available by telephone for people in need of support. The service provides information, advocacy, referral for accommodation, material aids and links to counselling and other support services.

Local courts and police may have other local referral information for family violence support services in your area.

**Note: The value of a penalty unit for the financial year commencing [1 July YEAR] is $xxx.xx [insert current dollar value of penalty unit to 2 decimal places]. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer.


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FORM 2ARegulation 10A

EXPLANATION OF FINAL ORDER

What is a final family violence intervention order?

1. A final family violence intervention order is an order made by the Magistrates' Court or the Children's Court to protect a person from family violence. A final order prevents a respondent from behaving in certain ways, or requires the respondent to do certain things, stated on the order.

2. A final order is a civil order, and making a final order does not necessarily mean that an offence has been committed. However contravention of a final order is an offence punishable by imprisonment or a fine or both (see Item 8 below).

Who are the parties to a final family violence intervention order?

3. The "affected family member" is the person who needs the protection of the order. After a final order is made, an "affected family member" is called a "protected person".

4. The "applicant" is the person who applies for the family violence intervention order. The applicant may be the affected family member, or the applicant could be another person, such as a police officer. Section 45 of the Family Violence Protection Act 2008 lists the people who can apply for a family violence intervention order.

5. The "respondent" is the person against whom an application for a family violence intervention order or an order has been made.

6. The respondent, applicant and the adult protected person(s) will be given copies of the final order. This is called being "served" with the order.

What happens if the respondent disobeys a final family violence intervention order?

7. The respondent must obey all of the conditions listed in the order at all times.

8. If the respondent disobeys or "breaches" a condition in the order this means the respondent has "contravened" the order. In Victoria a contravention of an order is an offence punishable by 2 years imprisonment or a fine of 240 penalty units ** or both. In some circumstances, a higher penalty of 5 years imprisonment or a fine of 600 penalty units** or both may apply. For example, where—

Form 2A inserted by S.R. No. 40/2013 reg. 8, amended by S.R. No. 112/2017 reg. 9.


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(a) the respondent contravenes the intervention order 3 or more times within a 28 day period; or

(b) the respondent contravenes the intervention order intending to cause harm or fear for safety, or knowing that the conduct will probably cause harm or fear for safety.

What if the protected person gives permission to contravene the order?

9. In Victoria a person cannot permit another person to contravene an order of the court. This means that, even if the protected person allows a respondent to disobey the order, the respondent would still commit an offence.

10. It is not a defence that the protected person consented to the behaviour that contravened a final order.

How long does a final order last?

11. A final order lasts for the period the court specifies in the order. If the order says it will last "until further order", it lasts until it is revoked by the court or set aside on appeal.

12. The court can extend a final order but this requires a further application to the court. The magistrate may order an extension if he or she is satisfied the respondent is likely to commit family violence against the protected person if the duration of the final order is not extended.

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

13. A protected person should seek legal advice before the final order ends about whether to apply for an extension.

Can a final family violence intervention order be varied or revoked?

14. Yes. The protected person, respondent or applicant, for example, can apply to have the final order varied or revoked. Section 108 of the Family Violence Protection Act 2008 lists the people who can apply to have the final order varied or revoked.

15. If the respondent wants the final order varied or revoked, he or she cannot apply without the leave of the court. The magistrate must be satisfied there has been a change in circumstances since the final intervention order was made and that the change may justify varying or revoking the final order before granting leave.

15A. An application may also be made to vary or revoke a final order to a court in any other State or a Territory that has enacted the corresponding DVO recognition laws. See item 30.


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What if there is a Family Law Act 1975 order?

16. If there is a Family Law Act 1975 order in force, the magistrate who made the final order may have changed or suspended the Family Law Act order if it was inconsistent with the final order. The magistrate may have also revived the Family Law Act order. The purpose of the change, suspension or revival of the Family Law Act order is to prevent the respondent from committing family violence against a protected person (including preventing a child hearing or witnessing violence).

17. Speak to a lawyer about how any Family Law Act order and your final order interact.

What if there is an order made under the Children, Youth and Families Act 2005?

18. The final order applies despite any child protection order made by the Children's Court. Speak to a lawyer about how any child protection order and your final order interact.

Does the final order prohibit contact between the respondent and a child?

19. If the protected person or respondent is a parent of a child, the court may have included a condition in the final order preventing the respondent from living with, spending time with, or communicating with the child.

20. The court must include this condition in a final order if the magistrate decides that it may risk the safety of the child or the protected person if the child were allowed to live with, spend time with, or communicate with the respondent.

If contact is not prohibited, does the final order include conditions about arrangements for contact between the respondent and a child?

21. The court may have included a condition in the final order for the making of arrangements about the child living with, spending time with, or communicating with the respondent ("children's arrangements").

22. This condition requires that any children's arrangements (including arrangements for the handover of a child) must be agreed in writing, unless the condition allows another method. The condition must also set out how children's arrangements are to be negotiated in order to maximise the safety of the protected person.

Firearms and weapons


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23. A respondent to a final order is a prohibited person under the Firearms Act 1996 and the Control of Weapons Act 1990 while subject to the order and for a period of 5 years after being subject to the order.

24. It is an offence for a prohibited person to possess, use or carry a firearm, silencer or any other prescribed item under the Firearms Act 1996.

25. A weapons exemption under the Control of Weapons Act 1990 cannot be granted to a prohibited person and, if the exemption applies to a class of persons, does not apply to a prohibited person. A prohibited person cannot be granted a weapons approval, and it is an offence for an employer to employ a prohibited person to carry out duties for which a weapons approval is required.

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.

Effect of firearms or weapons condition

26. If the respondent holds a firearms licence or a weapons approval, or a weapons exemption applies to the respondent, the final order may have included a specific condition cancelling the respondent's firearms licence, or revoking the weapons approval or exemption ("a firearms or weapons condition").

27. If the court has included a firearms or weapons condition in a final order, the respondent cannot make an application under the Firearms Act 1996 to be deemed not to be a prohibited person.

28. If the court has included a firearms or weapons condition in a final order, the respondent can apply, with leave of the court, for a revocation or variation of the final order to remove the firearms or weapons condition. An application for revocation or variation of a final order must be made while the order is in force. A final order cannot by revoked or varied to remove a firearms or weapons condition after the order has expired.

29. If the court has not included a firearms or weapons condition in a final order, or has varied the final order to remove a firearms or weapons condition, the respondent can apply under the Firearms Act 1996 to be deemed not to be a prohibited person.

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.

Can a final order be enforced in another State or a Territory?

30. Yes. A Victorian final order may be enforced against the respondent in any other State or a Territory that has enacted the corresponding DVO


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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 New Zealand 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.

Contacts

Legal advice

Victoria Legal Aid provides free legal advice and referrals.


Federation of Community Legal Centres may have a centre close to you that can provide advice.


Women's Legal Service Victoria provides free legal advice by telephone concerning family violence and family law.


Key support services

The Safe Steps Family Violence Response Centre provides crisis support and referral for women experiencing family violence.


inTouch Multicultural Centre Against Family Violence provides support for immigrant women who are victims of family violence.


Elizabeth Morgan House Aboriginal Women's Service provides crisis accommodation and support for Aboriginal women and spouses of Aboriginal men.



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The following support services are available to help men who use violence toward their families.

No To Violence incorporating the Men's Referral Service


No To Violence incorporating the Men's Referral Service is a statewide service which provides free and independent advice about what men can do. This anonymous and confidential service can provide suggestions about where to go for more assistance.

Salvation Army Crisis Services


The Crisis Service is a statewide service available by telephone for people in need of support. The service provides information, advocacy, referral for accommodation, material aids and links to counselling and other support services.

Local courts and police may have other local referral information for support services in your area.

**Note: The value of a penalty unit for the financial year commencing [1 July YEAR] is $xxx.xx [insert current dollar value of penalty unit to 2 decimal places]. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer.


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FORM 3Regulation 11(a)

FAMILY VIOLENCE PROTECTION ACT 2008 (Section 139)

CERTIFICATE OF NON ATTENDANCE AT ASSESSMENT INTERVIEW

Case Number:

Applicant:

Respondent:

1. I, [name of person specified in the order to perform the assessment] am a person who is approved by the Secretary to the Department of Justice under section 133 of the Family Violence Protection Act 2008.

2. On the Magistrates' Court at made an order requiring the respondent to attend an interview with me for the purposes of preparing a report. The order directed the respondent to attend at [time] on [date] at [place].

OR

2. *[delete if not applicable]On the Magistrates' Courtat varied the order and directed the respondent to attend an interview for the purpose of preparing a report at [time] on [date] at [place].

3. The respondent failed to attend the interview.

Signed—

[name]

Date—



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FORM 4Regulation 11(b)

FAMILY VIOLENCE PROTECTION ACT 2008 (Section 139)

CERTIFICATE OF NON ATTENDANCE AT COUNSELLING

Case Number:

Applicant:

Respondent:

1. I, [name of authorised person OR name of person authorised by body specified in order to provide counselling] am the authorised representative of [name of counselling organisation] OR person specified in the order.

2. On the Magistrates' Court at made an order requiring the respondent to attend counselling provided by [name of person or body specified in the order] at [time] on [date] at [place].

3. *[delete if not applicable]On the Magistrates' Court at varied the order and directed the respondent to attend counselling at [time] on [date] at [place].

4. *[delete if not applicable]On [name of person or body providing the counselling] gave the respondent reasonable written notice of the time and place at which each subsequent counselling session would be conducted.

5. The subsequent counselling sessions were to take place at [place] on [dates] and [times].

6. The respondent failed to attend counselling at [time] on [date] at [place] as directed.

Signed—

[name]

Date—

═══════════════



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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Family Violence Protection Regulations 2008, S.R. No. 153/2008 were made on 2 December 2008 by the Governor in Council under section 211 of the Family Violence Protection Act 2008, No. 52/2008 and came into operation on 8 December 2008: regulation 3.

The Family Violence Protection Regulations 2008 will sunset 10 years after the day of making on 2 December 2018 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).


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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).


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2 Table of AmendmentsThis publication incorporates amendments made to the Family Violence Protection Regulations 2008 by statutory rules, subordinate instruments and Acts.

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Family Violence Protection Amendment Regulations 2013, S.R. No. 40/2013Date of Making: 16.4.13Date of Commencement: 17.4.13: reg. 3

Family Violence Protection Amendment Regulations 2017, S.R. No. 112/2017Date of Making: 15.11.17Date of Commencement: 25.11.17: reg. 3

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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.


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4 Explanatory details


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1 Reg. 5: S.R. No. 54/2005 as amended by S.R. No. 78/2006.

Family Violence Protection Regulations 2008FILE/08-153sr004.docx · Web viewOCPC Victoria, Word...

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Transcript of Family Violence Protection Regulations 2008FILE/08-153sr004.docx · Web viewOCPC Victoria, Word...