FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 64 Affected family member to be heard separately if application made by guardian

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 64

    (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 to s. 64(1) substituted by No. 13/2019 s. 221(Sch.  1 item 15.2).

Note

In relation to resolving an issue between the guardian appointed under the Guardianship and Administration Act 2019 and the affected family member, see sections 44 and 159 of that Act. Section 44 provides that the guardian may seek advice from VCAT and section 159 provides for the reassessment of a guardianship order by VCAT.

    (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.