Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 14

Applications for intervention orders made by telephone or fax

14. Applications for intervention orders made by telephone or fax



(1) A police officer may apply for an intervention order by telephone or
facsimile machine if-

   (a)  the police officer is seeking an interim order until the final order
        may be determined; and

   (b)  either of the following apply-

   (i)  the application is made-

                (A)  before 9 a.m. or after 5 p.m. on a weekday; or

                (B)  on a Saturday, Sunday or public holiday; or

   (ii) the distance from the nearest venue of the court where the court is
        sitting is so great that it is impracticable to make the application
        in person.

(2) Before making an application by telephone or facsimile machine, the police
officer must complete a form of application setting out-

   (a)  the grounds on which the intervention order is sought; and

   (b)  the reason an interim order is sought until the final order may be
        determined.

(3) On an application made by telephone or facsimile machine, the court is not
bound by the rules of evidence.

(4) On an application made by telephone, the court may, if practicable, hear
the respondent or the affected person or both.

(5) If the court makes an interim order on an application made by telephone or
facsimile machine, the court-

   (a)  must inform the police officer of the following-

   (i)  the terms of the order;

   (ii) the period of operation of the order;

   (iii) the venue of the court at which the further hearing of the
        application will take place;

   (iv) the date on which and the time at which the order was made; and

   (b)  must cause a copy of the order to be forwarded to the registrar before
        the further hearing of the application.

(6) If an interim order is made on an application made by telephone or
facsimile machine, the police officer who made the application-

   (a)  must complete a form of order in the terms indicated by the court
        under subsection (5)(a) and must write on it the name of the
        magistrate who constituted the court that made the order and the date
        on which and the time at which it was made; and

   (b)  if the respondent is present, must serve a copy of the order
        personally on the respondent; and

   (c)  must file the form of order completed by the officer with the court
        before the further hearing of the application.

(7) If an application for an intervention order is made by telephone or
facsimile machine, whether or not an interim order is made, the police officer
who made the application must file the form of order completed by the officer
with the court before the hearing of the application for a final order.

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