Victorian Current Acts

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 119

    (1)     The appeal is by way of a rehearing by the County Court or the Supreme Court.

Note to s. 119(1) amended by No. 3/2016 s. 86, substituted by No. 1/2022 s. 92.

Note

See section 115 which provides that the appeal is to the County Court unless the relevant decision was made by the Children's Court constituted by the President of the Court, in which case the appeal is to the Trial Division of the Supreme Court, or, if the relevant decision was made by the Magistrates' Court or the Children's Court constituted by the Chief Magistrate who is a dual commission holder, the appeal is to the Court of Appeal.

    (2)     On the appeal, the County Court or Supreme Court may—

        (a)     confirm the relevant decision; or

        (b)     set aside the relevant decision; or

S. 119(2)(c) amended by No. 53/2010 s. 213(1).

        (c)         vary the relevant decision and make any other order the Magistrates' Court or Children's Court could have made and exercise any other powers that the Magistrates' Court or Children's Court may have exercised; or

S. 119(2)(d) inserted by No. 53/2010 s. 213(2).

        (d)     make a determination under section 136(2) of the Personal Safety Intervention Orders Act 2010 and make any order the Magistrates' Court or Children's Court could have made and exercise any other powers that the Magistrates' Court or Children's Court may have exercised under Division 2 of Part 8 of that Act.

S. 120 amended by No. 53/2010 s. 206 (ILA s. 39B(1)).