FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 26 Decision about family violence safety notice

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 26

    (1)     A police officer of the rank of Sergeant or a higher rank who receives an application for a family violence safety notice may issue a family violence safety notice if—

        (a)     the police officer believes on reasonable grounds there is no family violence intervention order in place between the affected family member and respondent; and

        (b)     the police officer believes on reasonable grounds that issuing the notice is necessary—

              (i)     to ensure the safety of the affected family member; or

              (ii)     to preserve any property of the affected family member; or

              (iii)     to protect a child who has been subjected to family violence committed by the respondent.

    (2)     Before making a decision under subsection (1), the police officer making the decision—

        (a)     must hear the police officer responding to the incident; and

        (b)     must be satisfied that the grounds on which the police officer responding to the incident formed an opinion about the matters referred to in section 24(a), (b), (c) and (d) are reasonable; and

        (c)     may, if practicable, hear the respondent or the affected family member.

S. 26A inserted by No. 53/2016 s. 44.