PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 136 Court may determine parties to application for family violence intervention order are not family members

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 136

    (1)     This section applies to—

        (a)     a hearing of an application for a family violence intervention order;

        (b)     a hearing of an application for a variation or revocation of an interim family violence intervention order;

        (c)     a mention date in relation to any of the proceedings referred to in paragraph (a) or (b).

    (2)     If the court is satisfied that the affected family member and the respondent are not family members, the court may either—

        (a)     strike out the application for the family violence intervention order; or

        (b)         make a determination to continue to hear the application as an application for a personal safety intervention order.

    (3)     If the parties consent to the making of a determination under subsection (2)(b), the court may make the determination without being satisfied that the affected family member and the respondent are not family members.

    (4)     The court may make more than one determination under subsection (2)(b) during the proceeding.