Victorian Numbered Regulations

FAMILY VIOLENCE PROTECTION AMENDMENT REGULATIONS 2017 (SR NO 112 OF 2017) - REG 7

    (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 this Act." substitute —

"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 .".