Victorian Numbered Acts

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Explanation of interim order

For 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—
s. 9

              (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.".

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