The Law Handbook 2024

298 Section 4: Relationships, families and young people Changing family violence intervention orders Applications can be made to vary, revoke or extend family violence intervention orders (see ss 108–113 FVP Act). It is important to note that intervention orders cannot be automatically extended once the period has expired. Applications seeking intervention order extensions must be filed at a Magistrates’ Court before the order expires. If the intervention order has expired, then a new application needs to be filed. Family violence intervention orders and firearms If a court intends to make a family violence intervention order, it must ask if the respondent holds a firearms licence, has a weapons exemption (e.g. for sport) or has a weapons approval (e.g. to sell weapons). Once the court makes an interim or final intervention order, the respondent becomes a ‘prohibited person’ under section 3 of the Firearms Act 1996 (Vic) (‘ Firearms Act ’) and section 3 of the Control of Weapons Act 1990 (Vic). If the order is an interim order, it can include a condition that the licence, exemption or approval is suspended. If the order is a final order, it can include a condition that the licence exemption or approval is cancelled or revoked. Police serve the family violence intervention order on the respondent and may seize any firearms, ammunition and licence documents. Where a final order has been made, the respondent has three months to apply to the Magistrates’ Court under the Firearms Act (ss 46B–49, s 189) to have their status changed to a ‘non-prohibited person’. Otherwise, the respondent remains a prohibited person for the duration of the final order, plus a further five years. The protected family member who took out the family violence intervention order is informed of the section 189 application and is interviewed by Victoria Police to find out if and why they object to the perpetrator retaining or obtaining a firearms licence. Any evidence relating to previous violence involving firearms or related threats needs to be provided to the police. In many cases the police will oppose the application on behalf of the protected person. If not, the protected person can oppose the application with the assistance of a lawyer. Anti-publication: Name and shame Generally, it is an offence to publish, or cause to be published, details about intervention order proceed­ ings that may identify the parties or witnesses or locality involved (ss 166–168 FVP Act). One exception is if the court reasonably considers it is in the public interest and it is just in the circumstances to allow publication (s 169 FVP Act). Another exception to this anti-publication provision is where you can ‘name and shame’ offenders if they contravene an intervention order or safety notice. There are strict requirements for relying on these exceptions and it is essential to seek legal advice before doing so (see Chapter 2.4: Legal services that can help). National recognition of family violence intervention orders The National Domestic Violence Order Scheme was introduced on 25 November 2017 and covers all Australian states and territories, and New Zealand. This means that all intervention orders issued in Victoria from 25 November 2017 are automatically recognised as ‘national domestic violence orders’ and are enforceable anywhere in Australia. Victorian intervention orders no longer need to be registered in other states and territories to be enforceable outside Victoria. Breaching or contravening a national domestic violence order attracts the penalties of the state or territory in which the order was breached (e.g. if a Victorian intervention order is breached in New South Wales, it is enforceable under New South Wales law, and not under the FVP Act). New Zealand protection orders are recognised and are enforceable in Victoria, and vice versa. Changes to state family violence laws 2006 VLRC review and the Sentencing Advisory Council In 2006, the Victorian Law Reform Commission ( VLRC ) published a review of family violence laws. Many of the VLRC’s recommendations appear