Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 85

Excluded person to provide new address

85. Excluded person to provide new address



(1) If the court includes an exclusion condition in a family violence
intervention order, the court must-

   (a)  ask the respondent to provide an address for the service of documents;
        and

   (b)  advise the respondent that if a police officer is unable to locate the
        respondent to serve the respondent with a document under this Act the
        police officer may, under section 207, seek information about the
        respondent from public sector organisations.

(2) Without limiting subsection (1)(a), the address may be an email address.

Note See the Electronic Transactions (Victoria) Act 2000 which provides that
written information that is required or permitted to be given to a person
(other than the delivery of information or a document required to be effected
only by personal service) may, with the person's consent, be given by means of
an electronic communication. See also section 506(4) of the
Residential Tenancies Act 1997 which provides for the service by email of
documents under that Act.

(3) The respondent is not obliged to comply with the request to provide an
address.

(4) If the respondent provides an address under subsection (1) other than the
address where the respondent lives or works and another person living at the
address advises the court that the person does not consent to the use of the
address for the service of documents under this Act, the address is not a
valid address for the service of the documents.