Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 11

Applications for intervention orders

11. Applications for intervention orders



(1) An application for an intervention order may be made by-

   (a)  a police officer; or

   (b)  the affected person; or

   (c)  if the affected person is a child-

   (i)  a police officer; or

   (ii) a parent of the child; or

   (iii) any other person with the written consent of a parent of the child or
        with the leave of the court; or

   (iv) the affected person with the leave of the court if he or she is of or
        above the age of 14 years; or

   (d)  any other person, with the written consent of the affected person if
        the affected person is of or above the age of 18 years; or

   (e)  if a guardianship order under the
        Guardianship and Administration Act 1986 is in force in respect of the
        affected person, by the guardian appointed under that Act or, with the
        leave of the court, by any other person.



(2) If an application for leave is made under subsection (1)(c)(iii) or (e),
the court must grant leave if it is satisfied that it is in the best interests
of the affected person to do so.

(3) If an application for leave is made under subsection (1)(c)(iv), the court
must not grant leave unless it is satisfied that the child understands the
nature and consequences of an intervention order.

(4) An application in respect of an affected person who is a child may be
included in an application in respect of the child's parent if the
applications arise out of the same or similar circumstances.

(5) An application referred to in subsection (4) may, on the application of
the applicant or the respondent, be heard separately if the court thinks fit.

(6) Any number of applications against a respondent may, on the application of
the applicants or the respondent, be heard together if the court thinks fit.