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JUSTICE LEGISLATION AMENDMENT (FAMILY VIOLENCE PROTECTION AND OTHER
MATTERS) ACT 2018 (NO. 33 OF 2018)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
PART 2--AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005
3. Definitions
4. New Division 1A of Part 4.3 inserted
5. Report on child in need of therapeutic treatment
6. Section 244 substituted
7. When Court may make order under this Division
8. Therapeutic treatment order
9. Duration of order
10. Extension of order
11. Referral to Secretary
12. New section 352A inserted
13. Powers of Court in criminal proceedings if child accused voluntarily participates in therapeutic treatment program
PART 3--AMENDMENT OF FAMILY VIOLENCE PROTECTION ACT 2008
14. Definitions
15. Meaning of family violence
16. Meaning of family violence intervention order, final order and interim order
17. How application is to be made
18. Section 44 repealed
19. Interim protection of child on court's own initiative—interim order not made for affected family member
20. Evidentiary requirements for making interim orders
21. Interim order made on electronic application
22. New Division 2A of Part 4 inserted
23. Protection of a child on court's own initiative—final order not made for affected family member or additional applicant
24. Contravention of family violence intervention order
25. Contravention of order intending to cause harm or fear for safety
26. Definitions for Part 5 (Counselling orders)
27. Section 128 substituted
28. Certification
29. New section 153A inserted
30. Statute law revision amendments
31. Service of orders
32. Rules of court and practice directions for Magistrates' Court
33. Rules of court and practice directions for Children's Court
34. New Division 12 inserted in Part 14
PART 4--AMENDMENTS TO ESTABLISH SPECIALIST FAMILY VIOLENCE COURT DIVISION OF THE MAGISTRATES' COURT
Division 1--Establishment of Specialist Family Violence Court Division
35. Definitions
36. New sections 4IA and 4IB inserted
Division 1--of Part 4 of the Sentencing Act 1991 deals with restitution. Division 2 of Part 4 of the Sentencing Act 1991 deals with compensation.
37. Other references to Specialist Family Violence Court Division
38. Consequential amendment of Criminal Procedure Act 2009
39. Consequential amendment of Family Violence Protection Act 2008
40. New section 141A inserted in Personal Safety Intervention Orders Act 2010
Division 2--Abolition of Family Violence Court Division
41. Definitions
42. When Ballarat becomes a venue for the Specialist Family Violence Court Division
43. When Heidelberg becomes a venue for the Specialist Family Violence Court Division
44. Repeal of Family Violence Court Division provisions
45. Schedule 8 amended
46. Consequential amendment of Criminal Procedure Act 2009
47. Consequential amendment of Family Violence Protection Act 2008
48. Consequential amendment of Personal Safety Intervention Orders Act 2010
PART 5--AMENDMENTS RELATED TO ELECTRONIC COMMUNICATIONS
Division 1--Magistrates' Court Act 1989
49. Rules of Court
50. Warrants
51. Recall and cancellation of warrant
52. Duplicate warrants
53. New section 136A inserted
54. New clause 57 of Schedule 8 inserted
Division 2--Children, Youth and Families Act 2005
55. Issue of warrants in electronic form
56. New section 533A inserted
57. Rules
58. New section 630 inserted
Division 3--County Court Act 1958
59. New section 6A inserted
60. Where court held and days of sitting
61. Power to make rules of practice
62. New section 103 inserted
Division 4--Supreme Court Act 1986
63. New section 24B inserted
64. Power to make Rules
65. New section 156 inserted
Division 5--Victorian Civil and Administrative Tribunal Act 1998
66. New section 132A inserted
67. Subject matter for rules
68. New section 172 inserted
Division 6--Coroners Act 2008
69. New section 102AA inserted
70. Rules of the Coroners Court
71. New section 121 inserted
Division 7--Personal Safety Intervention Orders Act 2010
72. How application is to be made
73. Section 14 repealed
74. Application to be supported by oral evidence or affidavit unless requirement waived
75. Interim order made on electronic application
76. Rules of court and practice directions for Magistrates' Court
77. Rules of court and practice directions for Children's Court
78. New Division 4 of Part 13 inserted
PART 6--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS--ELECTRONIC COMMUNICATION AND OTHER MATTERS
Division 1--Confiscation Act 1997
79. Section 31E amended
80. Making of freezing order
81. Notice of freezing order
82. Warrant may be granted by telephone
83. How is an information notice given?
84. Reports to the Minister
Division 2--Corrections Act 1986
85. Execution of warrants
Division 3--Crimes Act 1958
86. Interim orders
87. Section 464W amended
Division 4--Crown Proceedings Act 1958
88. Fines to be recoverable by judgment
89. Second Schedule amended
Division 5--Drugs, Poisons and Controlled Substances Act 1981
90. Warrant to search premises
91. Schedule Ten amended
Division 6--Gambling Regulation Act 2003
92. Schedule 4 amended
Division 7--Land Act 1958
93. Power of applicant to summon Registrar to show cause if dissatisfied
Division 8--Major Crime (Investigative Powers) Act 2004
94. Remote application
Division 9--Petroleum Products Subsidy Act 1965
95. Offences
Division 10--National Domestic Violence Order Scheme Act 2016
96. Properly notified—meaning
Division 11--Sex Work Act 1994
97. Entry to unlicensed premises—without search warrant
98. Entry to premises without planning permit—without search warrant
Division 12--Surveillance Devices Act 1999
99. Remote application
100. Determining the application
101. What must a surveillance device warrant contain?
102. Remote application (retrieval warrant)
103. Determining the application
104. What must a retrieval warrant contain?
Division 13--Terrorism (Community Protection) Act 2003
105. Warrant may be granted by telephone
Division 14--Unlawful Assemblies and Processions Act 1958
106. Magistrate may appoint special constables
Division 15--Statute law revision
107. Statute law revision amendment—Infringements Act 2006
PART 7--AMENDMENTS IN RELATION TO INTERIM FAMILY VIOLENCE ANDPERSONAL SAFETY INTERVENTION ORDERS
Division 1--Family Violence Protection Act 2008
108. Court may make interim order
109. Application made by respondent for variation or revocation of family violence intervention order
110. Who may appeal
111. Supreme Court—limitation of jurisdiction
Division 2--Personal Safety Intervention Orders Act 2010
112. Court may make interim order
113. Application made by respondent for variation or revocation of personal safety intervention order
114. Who may appeal
115. Supreme Court—limitation of jurisdiction
PART 8--AMENDMENTS IN RELATION TO RECORDED STATEMENTS
116. New Division 7B inserted in Part 8.2
PART 9--REPEAL OF AMENDING ACT
117. Repeal of amending Act
ENDNOTES
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