FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2014 (NO. 77 OF 2014) - SECT 9 Explanation of interim order
FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2014 (NO. 77 OF 2014) - SECT 9
Explanation of interim orderFor section 57(1) of the Family Violence Protection Act 2008 substitute —
"(1) If a court makes an interim order, the appropriate registrar of the court must give the respondent and the affected family member a written explanation of the order that explains the following matters—
(a) the purpose, terms and effect of the interim order;
(b) the consequences and penalties that may follow if the respondent fails to comply with the terms of the interim order;
(c) for the respondent, that the interim order is a civil order of the court and the affected family member cannot give permission to contravene the interim order;
(d) how the order interacts with a Family Law Act order or an order under the Children, Youth and Families Act 2005 ;
(e) if the court has varied, suspended, revoked or revived a Family Law Act order because it is inconsistent with the interim order, the purpose, terms and effect of the variation or suspension;
(f) any relevant family violence services offering legal, emotional or practical support that may be available to the affected family member or respondent;
(g) if the interim order does not include a finalisation condition—
(i) when the interim order expires and the means by which the interim order may be varied; and
(ii) the process for deciding the final order;
(h) if the interim order includes a
finalisation condition—
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(i) that the interim order will become a final order 28 days after it is served on the respondent; and
(ii) the circumstances in which the interim order will not become a final order; and
(iii) the consequences of the interim order becoming a final order, including the effect on any firearms authority or weapons approval held by the respondent or weapons exemption which applies to the respondent.
(1A) A written explanation under subsection (1) in respect of an interim order that includes a finalisation condition may change the explanation required by subsection (1)(a) to (e) to accord with the effect of that condition.".