Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 71

Representation of respondent

71. Representation of respondent



(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.