{"id":"sr:family-violence-protection-regulations-2018","name":"Family Violence Protection Regulations 2018","slug":"family-violence-protection-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181659,"registerId":"vic-sr:family-violence-protection-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Violence Protection Regulations 2018","content":"Version No. 001\n\n**Family Violence Protection Regulations 2018**\n\n**S.R. No. 161/2018**\n\nVersion as at  \n1 December 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definition 1\n\n5 Revocations 1\n\n6 Notice of rights and responsibilities—Form 1 2\n\n7 Time limit to provide report under section 84 of the Act 2\n\n8 Certificate of respondent's non attendance 2\n\n9 Surrender of firearms and weapons 2\n\n10 Disclosure of information by organisations 4\n\nSchedule 1—Forms 5\n\n═════════════\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Amendments Not in Operation 13\n\n4 Explanatory details 14\n\n**Version No.** **001**\n\n**Family Violence Protection Regulations 2018**\n\n**S.R. No. 161/2018**\n\nVersion as at  \n1 December 2018\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe matters necessary to be prescribed by, and to ensure the effective implementation of, the **Family Violence Protection Act 2008**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 211 of the **Family Violence Protection Act 2008**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 December 2018.\n\n\t4 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Family Violence Protection Act 2008**.\n\n\t5 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) Family Violence Protection Regulations 2008[[1]](#endnote-2);\n\n(b) Family Violence Protection Amendment Regulations 2013[[2]](#endnote-3);\n\n(c) Family Violence Protection Amendment Regulations 2017[[3]](#endnote-4);\n\n(d) Family Violence Protection Amendment Regulations 2018[[4]](#endnote-5).\n\n\t6 Notice of rights and responsibilities—Form 1\n\nFor the purposes of section 17(2)(b) of the Act, the prescribed information is the information set out in Form 1 in Schedule 1.\n\n\t7 Time limit to provide report under section 84 of the Act\n\nFor the purposes of section 84(2)(a) of the Act, the prescribed time is 7 days.\n\n\t8 Certificate of respondent's non attendance\n\nFor the purposes of section 139(2) of the Act, the prescribed form is—\n\n(a) if the certificate relates to an order under section 129 of the Act, Form 2 in Schedule 1; or\n\n(b) if the certificate relates to an order under section 130 of the Act, Form 3 in Schedule 1.\n\n\t9 Surrender of firearms and weapons\n\n(1) For the purposes of section 158(3) of the Act, in the case of an oral direction under section 158(2)(a) of the Act, the following particulars are prescribed—\n\n(a) if the police officer issuing the direction is not in uniform, the police officer's name and rank;\n\n(b) a statement that it is an offence to fail to comply with a lawful direction.\n\n(2) For the purposes of section 158(3) of the Act, in the case of a written notice under section 158(2)(b) of the Act, the following particulars are prescribed—\n\n(a) the name of the person who is given the direction;\n\n(b) the address (if known) of the person who is given the direction;\n\n(c) the date of birth (if known) of the person who is given the direction;\n\n(d) the name, rank and station of the police officer issuing the direction;\n\n(e) a statement that the direction is issued under section 158(2)(b) of the **Family Violence Protection Act 2008**;\n\n(f) the date and time at which the direction is given;\n\n(g) the place at which the firearm, firearms authority, ammunition or weapon is to be surrendered;\n\n(h) a statement that the firearm, firearms authority, ammunition or weapon must be surrendered by the specified time (if any) or otherwise within 48 hours of the direction being given to the person;\n\n(i) a description of the firearm, firearms authority, ammunition or weapon to be surrendered (if known), including identifiers such as the model and serial number;\n\n(j) a statement that it is an offence under section 158(4) of the Act to fail to comply with the direction punishable by a maximum of—\n\n(i) in the case of a failure to surrender a firearm, 60 penalty units; and\n\n(ii) in the case of a failure to surrender a firearms authority, ammunition or a weapon, 30 penalty units.\n\n\t10 Disclosure of information by organisations\n\nFor the purposes of section 207(1)(a) of the Act, the prescribed way to apply is in writing, setting out the following information—\n\n(a) the name of the organisation to which the application is made;\n\n(b) the date of the application;\n\n(c) the name, rank, registered number, station and contact telephone number of the police officer making the application;\n\n(d) the name of the respondent;\n\n(e) the respondent's date of birth (if known);\n\n(f) the respondent's gender;\n\n(g) that the request is made under section 207 of the **Family Violence Protection Act 2008**;\n\n(h) that if the organisation has the information requested in the application the organisation must give the police officer the information.\n\nSchedule 1—Forms\n\nForm 1\n\nRegulation 6\n\nFamily Violence Protection Act 2008 (Section 17) Information on Holding Powers for a Directed or Temporarily Detained Person\n\nTime: Date: Station:\n\nName: [*insert name of person directed or detained*]\n\nYou have been directed or detained under the holding power provisions in Division 1 of Part 3 of the **Family Violence Protection Act 2008**. You have been either—\n\n• directed to remain at, or go to and remain at, a police station; or\n\n• apprehended and detained at a police station or other specified place.\n\n**Why you have been directed or detained**\n\nYou have been directed because a police officer—\n\n• intends to apply for a family violence safety notice, a family violence intervention order, or an order varying a family violence intervention order or a recognised DVO; or\n\n• reasonably believes that a family violence intervention order or a family violence safety notice has been made against you that has not been served and intends to serve a copy of the order or notice on you; or\n\n• reasonably believes that a recognised DVO has been made against you and intends to obtain a copy of the order and, if the order has not been served, serve a copy of the order on you.\n\nThe police officer can only direct you if the officer also—\n\n• reasonably suspects that you are an adult; and\n\n• reasonably believes that your direction is necessary to ensure the safety of a family member or to protect a family member's property.\n\nIf you have been detained it is because you refused or failed to obey a direction of a police officer.\n\nYou are not under arrest if you have been detained. A police officer may use reasonable force to apprehend and detain you. It is an offence to escape or attempt to escape from the place where you are detained, and the penalty is 2 years imprisonment.\n\n**How long can I be directed or detained?**\n\nThe police may direct or detain you for up to 6 hours. The direction or detention will end when police either serve you with a copy of a family violence safety notice, a family violence intervention order or a recognised DVO or arrest you under a warrant, provided that police reasonably believe that necessary protection is in place for an affected family member. The direction or detention may also end when—\n\n• a magistrate refuses to grant a warrant or order under the **Family Violence Protection Act 2008**; or\n\n• a police officer obtains a copy of a recognised DVO; or\n\n• a police officer becomes aware that a family violence safety notice, a family violence intervention order or a recognised DVO has not been made against you; or\n\n• a police officer decides not to proceed with an application for an order under the **Family Violence Protection Act 2008**.\n\nThe period of direction or detention **may**, in exceptional circumstances, be extended by a court to a total period not exceeding 10 hours. Before granting an extension the court will hear your views, if practicable. If an extension is granted you will receive a copy of the order which will show the time at which the direction or detention expires.\n\nThe court cannot grant any extension if the police are applying for a family violence safety notice.\n\nYou will be informed immediately when your direction or detention ends.\n\n**While you are directed or detained**\n\n• Police can search you, and any vehicle, package or thing in your possession if they have reasonable grounds to suspect that you have any object in your possession that may cause injury or damage or may be used to escape.\n\n• Police must not question or interview you about any offence or alleged offence.\n\n• You may communicate, or attempt to communicate, with a lawyer. Police will arrange facilities to enable you to communicate with a lawyer or lawyer's clerk, and if practicable, arrangements will be made so you cannot be overheard.\n\n• You may communicate or attempt to communicate with a friend or relative to tell them of your whereabouts. Police will provide reasonable facilities to do this as soon as practicable. However you may not communicate with a friend or relative if police reasonably believe that the communication would be likely to jeopardise the safety of an affected family member or his or her property.\n\n• You are not allowed, under any circumstances, to communicate with an affected family member while you are directed or detained.\n\nPolice officer providing information\n\nSignature:\n\nName:\n\nRank/Registered number:\n\nForm 2\n\nRegulation 8(a)\n\nFamily Violence Protection Act 2008 (SECTION 139)\n\n| CERTIFICATE OF NON ATTENDANCE AT ASSESSMENT INTERVIEW |\n| --- |\n\n| **Case Number:** |  |\n| --- | --- |\n| **Applicant:** |  |\n| **Respondent:** |  |\n\n\n1. I, [*name of the counselling assessor at the relevant location*], am a counselling assessor within the meaning of section 129 of the **Family Violence Protection Act 2008**.\n\n2. On [*date*] the Magistrates' Court at [*venue*] made an order requiring the respondent to attend an interview with me for the purposes of preparing a report. The order directed the respondent to attend at [*time*] on [*date*] at [*place*].\n\n3. *[*delete if not applicable*]  \nOn [*date*] the Magistrates' Court at [*venue*] varied the order and directed the respondent to attend an interview for the purpose of preparing a report at [*time*] on [*date*] at [*place*].\n\n4. The respondent failed to attend the interview.\n\nSigned—\n\n[*name*]\n\nDate—\n\nForm 3\n\nRegulation 8(b)\n\nFamily Violence Protection Act 2008 (sECTION 139)\n\n- CERTIFICATE OF NON ATTENDANCE AT COUNSELLING\n- **Case Number:**\n- **Applicant:**\n- **Respondent:**\n\n\n1. I, [*name of authorised person* OR *name of person authorised by body specified in order to provide counselling*] am the authorised representative of [*name of counselling organisation* *OR person specified in the order*].\n\n2. On [*date*] the Magistrates' Court at [*venue*] made an order requiring the respondent to attend counselling provided by [*name of person or body specified in the order*] at [*time*] on [*date*] at [*place*].\n\n3. *[*delete if not applicable*]  \nOn [*date*] the Magistrates' Court at [*venue*] varied the order and directed the respondent to attend counselling at [*time*] on [*date*] at [*place*].\n\n4. On [*date*], [*name of person or body providing the counselling*] gave the respondent reasonable written notice of the time and place at which each subsequent counselling session would be conducted.\n\n5. The subsequent counselling sessions were to take place at [*place*] on [*dates*] and [*times*].\n\n6. The respondent failed to attend counselling at [*time*] on [*date*] at [*place*] as directed.\n\nSigned—\n\n[*name*]\n\nDate—\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Family Violence Protection Regulations 2018, S.R. No. 161/2018 were made on 16 October 2018 by the Governor in Council under section 211 of the **Family Violence Protection Act 2008**, No. 52/2008 and came into operation on 1 December 2018: regulation 3.\n\nThe Family Violence Protection Regulations 2018 will sunset 10 years after the day of making on 16 October 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Family Violence Protection Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 5(a): S.R. No. 153/2008 as amended by S.R. Nos 40/2013, 112/2017 and 36/2018. [↑](#endnote-ref-2)\n\n2. Reg. 5(b): S.R. No. 40/2013. [↑](#endnote-ref-3)\n\n3. Reg. 5(c): S.R. No. 112/2017. [↑](#endnote-ref-4)\n\n4. Reg. 5(d): S.R. No. 36/2018. [↑](#endnote-ref-5)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication of scope change from the original intent. The regulations appear to remain within their purpose of supporting the Family Violence Protection Act's operational framework. However, the absence of substantive regulatory text makes a definitive scope assessment impossible."},"complexity_factors":["Insufficient substantive content provided — only metadata and version history is available, preventing full complexity assessment","Regulations of this type typically involve cross-referencing with the parent Act (Family Violence Protection Act 2008), adding interpretive complexity","Family violence law intersects with criminal, civil, and administrative law frameworks","Multiple agencies and stakeholders involved (courts, police, support services) creates procedural layering","Version consolidation history suggests the regulations have been amended over time, which can create complexity in determining which version applies"],"plain_english_summary":"The Family Violence Protection Regulations 2018 set out the technical and procedural rules that make Victoria’s Family Violence Protection Act work in practice. They affect victims and alleged perpetrators, courts, police, legal professionals and support agencies by specifying forms, service and enforcement procedures, fees and administrative processes tied to intervention orders. The available public record here is mostly structural; the full regulatory text is needed to assess specific rights and obligations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations do not change the substantive scope of the Family Violence Protection Act 2008. They prescribe procedural, evidentiary and administrative details (forms, time limits, particulars for directions and disclosure applications) and revoke earlier regulations, but do not expand or narrow who is covered by the Act."},"complexity_factors":["Cross-references to multiple provisions of the Family Violence Protection Act 2008 (notably sections referenced in regs: s.17, s.84, s.139, s.158, s.207) require administrators to interpret both instruments together (Regs 6–10).","Prescribed forms and schedules (Schedule 1, Forms 1–3; Regs 6 and 8) specify wording, content and signatures, increasing compliance precision but reducing interpretive flexibility.","Procedural time limits and extension rules (7‑day reporting requirement under Reg 7; detention/holding power particulars in Form 1) create strict operational deadlines for police and courts.","Detailed particulars for firearm/weapon surrender notices (Reg 9(2)(a)–(j)) include identity, place, time, description and explicit penalty statements, imposing evidentiary and record‑keeping burdens on police.","Criminal penalties linked to non‑compliance (Reg 9(2)(j) cross‑referencing s.158(4) penalty units) raise enforcement stakes for respondents and operational accountability for officers.","Obligation on organisations to respond to written disclosure requests (Reg 10) imposes administrative duties on third parties holding information and creates potential privacy/compliance trade‑offs.","Revocation of prior regulations (Reg 5) requires transitional awareness by practitioners to ensure continuity of practice and avoidance of reliance on superseded forms."],"plain_english_summary":"These regulations set out the required forms, time limits and procedural particulars needed to implement the Family Violence Protection Act 2008. They prescribe the content of holding-power notices, certificates for non‑attendance, particulars for police directions to surrender firearms and the form for organisation disclosure requests, and they revoke earlier regulations.\n\nThe measures affect police, respondents, courts and organisations holding information. They create administrative obligations on police and organisations and criminal penalties for failure to surrender firearms; compliance, record‑keeping and evidentiary risks fall on those bodies and individuals."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operationalising the Family Violence Protection Act 2008. It consolidates previous amendments without expanding into new policy areas. The content — police powers, firearms surrender, information disclosure, and procedural forms — directly supports the Act's core objectives of protecting family members from violence and ensuring proper process."},"complexity_factors":["Only 10 substantive regulations plus a schedule of forms","Single defined term ('the Act') in the interpretation section","Minimal cross-referencing — primarily references back to specific sections of the Family Violence Protection Act 2008","Straightforward conditional logic limited to simple alternatives (e.g., oral vs written directions in regulation 9, two different forms for different order types in regulation 8)","No nested exceptions or complex deeming provisions","Prescriptive rather than discretionary — mostly specifies exactly what must be done rather than creating complex decision trees","Forms in Schedule 1 are standard templates with fill-in-the-blank fields"],"plain_english_summary":"This is a Victorian regulation that sets out the practical details for how the Family Violence Protection Act 2008 works on the ground. It essentially fills in the gaps that the main Act leaves for regulations to cover.\n\n**What it does:**\n- **Replaces old rules:** It revokes four earlier sets of regulations from 2008, 2013, and 2018, consolidating them into one clean set of rules.\n- **Sets out police powers:** It specifies exactly what information police must give someone when they use \"holding powers\" (temporary detention powers) under family violence laws — including why they're being held, for how long (up to 6 hours, extendable to 10 in exceptional cases), and what rights they have (like contacting a lawyer).\n- **Controls firearms surrender:** When police direct someone to hand over guns or weapons due to family violence concerns, this regulation spells out what details must be in that direction — including the officer's details, where to surrender weapons, the deadline (48 hours), and the penalties for non-compliance (up to 60 penalty units for failing to surrender a firearm).\n- **Sets time limits:** Police must provide certain reports within 7 days.\n- **Creates official forms:** It provides the actual forms that must be used for notifying people of their rights when detained, and for certifying when someone fails to attend court-ordered counselling or assessment interviews.\n- **Governs information sharing:** It sets out how police can apply to organisations (like hospitals or utilities) for information about a person involved in family violence matters — requiring a written application with specific details.\n\n**Who it affects:**\n- People subject to family violence intervention orders or safety notices\n- Police officers enforcing these orders\n- Courts issuing orders\n- Counselling services and assessors\n- Organisations that hold information about respondents (like banks, telcos, or government agencies)\n\n**Why it matters:**\nFamily violence law gives police serious powers — they can temporarily detain people and force them to surrender weapons. This regulation ensures those powers are exercised with proper safeguards, clear procedures, and transparency. It balances community safety with individual rights by requiring police to explain exactly what's happening and why."}},"importantCases":[],"_links":{"self":"/api/acts/family-violence-protection-regulations-2018","history":"/api/acts/family-violence-protection-regulations-2018/history","analysis":"/api/acts/family-violence-protection-regulations-2018/analysis","conflicts":"/api/acts/family-violence-protection-regulations-2018/conflicts","importantCases":"/api/acts/family-violence-protection-regulations-2018/important-cases","documents":"/api/acts/family-violence-protection-regulations-2018/documents"}}