Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 64

Affected family member to be heard separately if application made by guardian

64. Affected family member to be heard separately if application made by
guardian



(1) This section applies if-

   (a)  an application for a family violence intervention order is made under
        section 45(e) by the guardian of an affected family member; and

   (b)  the affected family member objects to the application.

Note In relation to resolving an issue between the guardian and the affected
family member, see sections 30 and 61 of the
Guardianship and Administration Act 1986. Section 30 provides that the
guardian may seek advice from the Victorian Civil and Administrative Tribunal
and section 61 provides for the reassessment of a guardianship order by the
Tribunal.

(2) At the hearing for the final order, the views of the affected family
member must be heard separately from the views of the applicant.

(3) Without limiting subsection (2), the views of the affected family member
may be heard through an independent legal representative acting on behalf of
the person.