Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (VICTIMS OF CRIME ASSISTANCE AND OTHER MATTERS) ACT 2010 (NO. 18 OF 2010) - SECT 19

    (1)     For the heading to section 55 of the Family Violence Protection Act 2008 substitute —

" Evidentiary requirements for making interim orders ".

    (2)     In section 55(1) of the Family Violence Protection Act 2008 —

        (a)     in paragraph (b), for "paragraph (a)." substitute "paragraph (a); or";

        (b)     after paragraph (b) insert —

    "(c)     the application is made by the issue of a family violence safety notice that was certified in accordance with section 153(1).".

    (3)     In section 55(2) of the Family Violence Protection Act 2008 , after "subsection (1)(a)" insert "or (3)".

    (4)     After section 55(2) of the Family Violence Protection Act 2008 insert —

    "(3)     If the application is made by issue of a family violence safety notice that was certified in accordance with section 153(1),     the court, if deciding under section 65(3) whether to refuse to admit or limit the use to be made of the family violence safety notice, must first consider whether it is reasonably practicable to obtain oral evidence or affidavit evidence.".