Victorian Consolidated Legislation

CRIMES (FAMILY VIOLENCE) ACT 1987

No. 19 of 1987
Version incorporating amendments as at 5 October 2007

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   3A.     Jurisdiction of Children's Court

   PART 2-INTERVENTION ORDERS

           Division 1-Intervention orders and interim intervention orders

   4.      Intervention orders
   4A.     Additional protection of children
   5.      Restrictions in order
   6.      Duration of order
   6A.     Supreme Court-limitation of jurisdiction
   7.      Complaints for intervention orders
   7A.     Police complainants and police prosecutors
   8.      Interim intervention orders made in the absence of defendant

           Division 2-Holding powers

   8AA.    Definitions
   8AB.    Criteria for exercise of powers
   8AC.    Direction power
   8AD.    Detention power
   8AE.    Procedural requirements for person directed to a police station,
           or person apprehended and detained
   8AF.    How long do holding powers last?
   8AG.    Extension of period
   8AH.    Telephone or fax application for extension order
   8AI.    Police to notify directed person when direction ceases
   8AJ.    No questioning during holding period
   8AK.    Court may hear directed person or aggrieved family member

   PART 2A-COUNSELLING ORDERS

           Division 1-Object and application of Part 8A. Object of Part 8B. Application of Part

           Division 2-Orders to assess eligibility for and to attend counselling

   8C.     Order to assess eligibility for counselling
   8D.     Order to attend counselling
   8E.     Effect of appeal against intervention order

           Division 3-Procedures relating to counselling orders

   8F.     Notice of hearings
   8G.     Approval of persons and of counselling
   8H.     Person giving report may be required to attend hearing
   8I.     Disputed report
   8J.     Explanation of counselling orders
   8K.     Variation or revocation of counselling orders
   8L.     Service of counselling orders, eligibility report etc.
   8M.     Substituted service

           Division 4-Other matters

   8N.     Certificate of defendant's non-attendance
   8O.     Confidentiality of eligibility interview and report
   8P.     Confidentiality of counselling
   8Q.     Limited use of information by court
   8R.     Authorisation to collect health information
   8S.     Delegation
   8T.     Definition

   PART 3-PROCEDURES RELATING TO INTERVENTION ORDERS

   9.      Warrant may issue on certain complaints
   10.     Complaint on oath if warrant to issue
   11.     Service of complaint
   12.     Procedure in the absence of the defendant
   13.     Procedure in third party complaints
   13A.    Rules of evidence not to apply in certain cases
   14.     Consent orders
   14A.    Repealed
   15.     Explanation of orders
   16.     Variation, revocation or extension of orders
   16A.    Additional protection of children in varying or revoking orders
   17.     Service of intervention orders
   18.     Repealed
   18AA.   Registration of interstate orders
   18AAB.  Registration of New Zealand orders

   PART 4-MISCELLANEOUS

   18AB.   Entry and search of premises
   18A.    Seizure of firearms
   19.     Bail on appearance to summons or on arrest
   20.     Appeal by defendant
   21.     Appeal by complainant
   21A.    Affidavit evidence
   21B.    Restriction on evidence by and presence of children
   21C.    Costs
   21D.    Concurrent criminal proceedings
   22.     Breach of an order
   23.     Arrest for breach of an order
   24.     Restriction on reports of proceedings involving children
   25.     Intervention order prevails over order under Children, Youth and Families Act 2005.
   25A.    Relationship with Family Court contact orders
   25AB.   Validation of certain orders
   25B.    Supreme Court-limitation of jurisdiction
   26.     Regulations
   27.     Transitional
   28.     Repealed
   29.     Transitional provision-Children and Young Persons (Age Jurisdiction) Act 2004.

   PART 5-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details