FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 72 Representation of applicant

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 72

    (1)     This section applies if—

        (a)     a respondent     is prohibited from cross-examining a protected witness under section 70; and

        (b)     the respondent is legally represented; and

        (c)     the protected witness—

              (i)     is the applicant; and

              (ii)     is not a police officer; and

              (iii)     is not legally represented.

    (2)     The court must order Victoria Legal Aid to provide legal representation for the protected witness for purpose of cross-examination by the respondent's legal representative unless the protected witness objects to the provision of the legal representation.

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

    (4)     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 protected witness as if the protected witness had been granted legal assistance under that Act.