Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 26

Decision about family violence safety notice

26. Decision about family violence safety notice



(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.