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Family violence intervention orders are granted speedily and safely

Recommendation:
062
Status:
In progress

Who is leading the change

  • Court Services Victoria

Slot gameThe Victorian Government enact legislation and take other steps as necessary to support the capacity of the Magistrates’ Court of Victoria (and, where relevant, the Children’s Court of Victoria) to grant family violence intervention orders speedily and with due regard to the interests of justice and the safety of affected family members.

Slot gameThe Victorian Government consider:

  • transferring some of the jurisdiction of the Magistrates’ Court of Victoria to another forum— for example, fines and traffic infringements
  • expanding the range of matters that can be determined on the papers—that is, without an in-person hearing
  • funding the appointment of a greater number of judicial registrars to deal with certain matters or classes of matters

Slot gameThe Magistrates’ Court of Victoria (and, where relevant, the Children’s Court of Victoria) consider whether the caseload of magistrates could be better managed by:

  • re-assigning some family violence intervention order applications currently heard at the Melbourne Magistrates’ Court to the Neighbourhood Justice Centre
  • delegating authority to judicial registrars to deal with certain matters or classes of matters under the Family Violence Protection Act 2008 (Vic)—for example, allowing them to grant adjournments or make interim orders and/or substituted service orders. The Victorian Government should take any necessary action to implement these recommendations if the Magistrates’ Court of Victoria advises this is desirable

Reviewed 17 May 2020

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