Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 28

Procedure if safety notice form completed

28. Procedure if safety notice form completed



(1) This section applies if a family violence safety notice is issued on an
application made by telephone, fax or other electronic communication and a
safety notice form is completed.

(2) As soon as practicable after the issue of the family violence safety
notice a police officer of the rank of Sergeant or a higher rank must-

   (a)  check the authorisation form and safety notice form to ensure the
        forms are consistent; and

   (b)  if there are any material discrepancies between the forms, correct the
        safety notice form to ensure it accurately reflects the conditions
        included in the authorisation form and sufficiently identifies the
        respondent and protected person; and

   (c)  certify the safety notice form as being consistent with the
        authorisation form, as corrected under paragraph (b) if necessary.

Note See section 34 which provides for the service of the corrected notice and
the filing of the corrected notice with the Magistrates' Court.

(3) For the purposes of subsection (2), there is a material discrepancy
between an authorisation form and a safety notice form if-

   (a)  the safety notice form omits a condition included in the authorisation
        form; or

   (b)  the safety notice form includes an additional condition to the
        conditions included in the authorisation form; or

   (c)  the safety notice form changes the scope of a condition in the
        authorisation form so that it requires the respondent to do something
        or refrain from doing something that is not set out in the
        authorisation form; or

   (d)  the respondent named in the safety notice form is not the respondent
        named in the authorisation form; or

   (e)  the protected person named in the safety notice form is not the
        protected person named in the authorisation form.

(4) Also, for the purposes of subsection (2)(b), if there is a material
discrepancy between the safety notice form and the authorisation form, the
safety notice form is invalid to the extent of the material discrepancy until
a corrected safety notice form is served on the respondent under section 34.