Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 35

Explanation of family violence safety notice

35. Explanation of family violence safety notice



(1) A police officer who serves a family violence safety notice on a
respondent or a protected person must-

   (a)  explain the notice to the respondent or protected person; and

   (b)  take reasonable steps to ensure the respondent or protected person
        understands the nature and consequences of the notice.

(2) Without limiting subsection (1), the police officer who serves a notice on
a respondent or gives a copy of the notice to the protected person must
explain-

   (a)  the purpose of the notice; and

   (b)  the duration of the notice; and

   (c)  the conditions of the notice; and

   (d)  the consequences of the respondent contravening the notice; and

   (e)  that the protected person cannot consent to the respondent
        contravening the notice; and

   (f)  that the notice is a summons to attend court on the first mention date
        specified in the notice and the consequences for failing to attend
        court at that time on that date; and

   (g)  the right of the respondent or protected person to obtain legal advice
        before the first mention date; and

   (h)  any other matter prescribed under the regulations.

(3) If the police officer determines that the respondent or protected person
is unable to sufficiently understand the English language, the officer must
comply with the officer's obligations under this section via a competent
interpreter.

(4) Failure by a police officer to comply with this section does not
invalidate a family violence safety notice.