Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 35

Explanation of family violence safety notice

    (1)     A police officer who serves a family violence safety notice on a respondent or a protected person must—

        (a)     explain the notice to the respondent or protected person; and

        (b)     take reasonable steps to ensure the respondent or protected person understands the nature and consequences of the notice.

    (2)     Without limiting subsection (1), the police officer who serves a notice on a respondent or gives a copy of the notice to the protected person must explain—

        (a)     the purpose of the notice; and

        (b)     the duration of the notice; and

        (c)     the conditions of the notice; and

        (d)     the consequences of the respondent contravening the notice; and

S. 35(2)(da) inserted by No. 53/2016 s. 46.

        (da)     that the notice may be enforced against the respondent in another State or a Territory under the National Domestic Violence Order Scheme Act 2016 and corresponding DVO recognition laws; and

        (e)     that the protected person cannot consent to the respondent contravening the notice; and

        (f)     that the notice is a summons to attend court on the first mention date specified in the notice and the consequences for failing to attend court at that time on that date; and

        (g)     the right of the respondent or protected person to obtain legal advice before the first mention date; and

        (h)     any other matter prescribed under the regulations.

    (3)     If the police officer determines that the respondent or protected person is unable to sufficiently understand the English language, the officer must comply with the officer's obligations under this section via a competent interpreter.

    (4)     Failure by a police officer to comply with this section does not invalidate a family violence safety notice.



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