Recommendations

1.​Amend section 99 of the Family Violence Protection Act 2008 (Vic) to make it clear that orders can endure beyond 18.

​​The Commission recommends that section 99 of the Family Violence Protection Act 2008 (Vic) be amended to clarify that the court has the power to make an order that endures past an 18th birthday.

2.​Amend section 97 of the Family Violence Protection Act 2008 (Vic) to require the court to consider children’s views and the effect on children of an order expiring at 18 when determining the duration of a family violence intervention order.

​​The Commission recommends section 97 of the Family Violence Protection Act 2008 (Vic) be amended to require magistrates to consider two additional factors when determining the duration of orders, namely, the views of the child protected by the order, where appropriate, and the effect on any child of an order expiring at 18.

3.​Support magistrates to consistently interpret and apply amendments to the Family Violence Protection Act 2008 (Vic) through updated guidance and training.

​​The Commission recommends that the Family Violence Bench Book, Children’s Court Bench Book and other related guidance be updated to explain changes to sections 97 and 99 of the Family Violence Protection Act 2008 (Vic) for magistrates and relevant agencies.

​​Material should include practical guidance to assist magistrates to assess when it is appropriate for an order to endure or expire when a child turns 18, including guidance about how a child or young person’s views may currently be considered by the court under the Family Violence Protection Act 2008 (Vic).

​​Material should also clarify how the amendments interact with orders under the Family Law Act 1975 (Cth) and Children, Youth and Families Act 2005 (Vic).

​​Victoria Police should also review its practice guidance to members to ensure it aligns with updates to the Family Violence Bench Book.