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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 30 Duration of family violence safety notice

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 30

Duration of family violence safety notice

    (1)     A family violence safety notice—

        (a)     starts when the notice or a safety notice form is served on the respondent; and

S. 30(1)(b) amended by No. 53/2016 s. 45(1).

        (b)     subject to subsection (1A), ends when the earlier of the following occurs—

S. 30(1)(b)(i) amended by No. 16/2011 s. 3.

              (i)     the court adjourns the application for the family violence intervention order or refuses to make a family violence intervention order on the first mention date for the application for the family violence intervention order;

              (ii)     if the court makes a family violence intervention order on the first mention date—the order is served on the respondent.

S. 30(1A) inserted by No. 53/2016 s. 45(2).

    (1A)     If, at the time the family violence safety notice was issued, there was a recognised DVO made by a court of any jurisdiction in relation to the same respondent and protected person, the family violence safety notice ends when the earlier of the following occurs—

        (a)         on the first mention date, if the application for the family violence intervention order is withdrawn on the first mention date;

        (b)     if the court varies or extends the recognised DVO on the first mention date— when the order is served on the respondent.

    (2)     To avoid doubt, it is declared that if a safety notice form is subsequently corrected and served on the respondent under section 34(b)

        (a)     the family violence safety notice is taken to have started when a safety notice form referred to in subsection (1)(a) was served on the respondent; and

        (b)     the time by which the first mention date must be held, as referred to in section 31(3)(a), must be measured from the service of that form.