FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 71 Representation of respondent

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 71

    (1)     If the respondent does not obtain legal representation for the cross-examination of a protected witness after being given a reasonable opportunity to do so, the court must order Victoria Legal Aid to offer the respondent legal representation for that purpose.

    (2)     Despite anything in the Legal Aid Act 1978 , Victoria Legal Aid must offer to provide legal representation in accordance with subsection (1).

Note

See section 8 of the Legal Aid Act 1978 which provides that legal aid may be provided by Victoria Legal Aid by making available its own officers or by arranging for the services of private legal practitioners.

    (3)     However, Victoria Legal Aid may apply all or any of the conditions under section 27 of the Legal Aid Act 1978 to the representation of the respondent as if the respondent had been granted legal assistance under that Act.

    (4)     If the respondent refuses the legal representation offered under subsection (1), or otherwise refuses to co-operate, the court must warn the respondent that if the respondent is not represented and not permitted to cross-examine the protected person about events relevant to the application the subject of the proceeding, neither the respondent nor the respondent's witnesses may give evidence about those events.