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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 176E Court may determine parties to application for personal safety intervention order are family members

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 176E

Court may determine parties to application for personal safety intervention order are family members

    (1)     This section applies to—

        (a)     a hearing of an application for a personal safety intervention order;

        (b)     a hearing of an application for a variation or revocation of an interim personal safety intervention order;

        (c)     a mention date in relation to any of the proceedings referred to in paragraph (a) or (b).

    (2)     If the court is satisfied that the affected person and the respondent are family members, the court may either—

        (a)     strike out the application for the personal safety intervention order; or

        (b)     make a determination to continue to hear the application as an application for a family violence intervention order.

    (3)     If the parties consent to the making of a determination under subsection (2), the court may make the determination without being satisfied that the affected person and the respondent are family members.

    (4)     The court may make more than one determination under subsection (2) during the proceeding.

S. 176F inserted by No. 53/2010 s. 215.