PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 46 Circumstances where affected person to be heard separately

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 46

    (1)     This section applies if—

        (a)     an application for a personal safety intervention order is made under—

              (i)     section 15(c)(i) or (ii) by a parent or other person in respect of an affected person who is a child; or

              (ii)     section 15(d)(i) or (ii) by the guardian or other person in respect of an affected person; or    

              (iii)     section 15(e) by a police officer; and

        (b)     the affected person objects to the application.

Note to s. 46(1) substituted by No. 13/2019 s. 221(Sch. 1 item 37.2).

Note

In relation to resolving an issue between the guardian appointed under the Guardianship and Administration Act 2019 and the affected person, see sections 44 and 159 of that Act. Section 44 provides that the guardian may seek advice from VCAT and section 159 provides for the reassessment of a guardianship order by VCAT.

    (2)     At the hearing for the final order, the views of the affected person must be heard separately from the views of the applicant.

    (3)     Without limiting subsection (2), the views of the affected person may be heard through an independent legal representative acting on behalf of the person.

    (4)     This section applies despite anything in section 49 or  107.