PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 61 Power of court to make final order

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 61

    (1)     The court may make a final order if the court is satisfied, on the balance of probabilities, that—

        (a)         the respondent has—

              (i)         committed prohibited behaviour against the affected person and—

    (A)     is likely to continue to do so or do so again; and

    (B)     the respondent's prohibited behaviour would cause a reasonable person to fear for his or her safety; or

              (ii)     stalked the affected person and is likely to continue to do so or do so again; and

        (b)     the respondent and the affected person are not family members; and

        (c)     it is appropriate in all the circumstances of the case to make a final order.

Note

See section 33, which provides that the court may take into account mediation assessment or mediation certificates and a party's lack of attendance at a mediation assessment or mediation when deciding whether to make a personal safety intervention order.

    (2)     Without limiting subsection (1)(c), in deciding whether it is appropriate to make a final order the court may consider—

        (a)     if the respondent is a child, the respondent's ability to do the following, taking into account his or her age and maturity—

              (i)     understand the nature and effect of a final order; and

              (ii)     comply with the conditions of the final order;

        (b)     if the court is satisfied that the respondent has a cognitive impairment, the respondent's ability to do the following, taking into account his or her cognitive impairment—

              (i)     understand the nature and effect of a final order; and

              (ii)     comply with the conditions of the final order.

    (3)     A final order may be made in respect of more than one affected person if—

        (a)     the court is satisfied in accordance with subsection (1) in respect of each affected person; or

        (b)     consent has been given, or the making of the order has not been opposed, in accordance with section 64 by—

              (i)     all the parties to the proceeding; and

              (ii)     if the application for the final order was brought with the consent of an affected person's parent or guardian, that parent or guardian.

    (4)     Despite subsection (1), the court must not make a final order if satisfied on the balance of probabilities that the respondent engaged in the prohibited behaviour or stalking without malice—

        (a)     in the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging for the publication, of news or current affairs material); or

        (b)     for the purpose of an industrial dispute; or

        (c)     for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.

    (5)     The court may make a final order whether or not—

        (a)     some or all of the prohibited behaviour or stalking constituting grounds for making the order occurred outside Victoria, so long as the affected person was in Victoria at the time at which that conduct occurred;

        (b)     the affected person was outside Victoria at the time at which some or all of the prohibited behaviour or stalking constituting grounds for making the order occurred, so long as that conduct occurred in Victoria.

S. 62 amended by No. 53/2016 s. 113.