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Family Violence Protection Act 2008
175Bail conditions prevail over child protection order
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175 Bail conditions prevail over child protection order
If a respondent to an application for a family violence intervention order is arrested under a warrant under section 50 and subsequently granted bail subject to conditions, to the extent of any inconsistency between the bail conditions and a child protection order, the bail conditions prevail.
S. 175AA inserted by No. 26/2017 s. 17.
175AA Relationship between bail conditions and family violence safety notice
(b) the person is subject to a family violence safety notice; and
(c) there is an inconsistency between a bail condition and the family violence safety notice; and
(d) the inconsistency makes it impossible for the person to comply with both the bail condition and the family violence safety notice.
(2) The family violence safety notice prevails to the extent of the inconsistency referred to in subsection (1)(c) and (d).
S. 175AB inserted by No. 26/2017 s. 17.
175AB Relationship between bail conditions and family violence intervention order
(b) the person is subject to a family violence intervention order; and
(c) there is an inconsistency between a bail condition and the family violence intervention order; and
(d) the inconsistency makes it impossible for the person to comply with both the bail condition and the family violence intervention order.
(2) The family violence intervention order prevails to the extent of the inconsistency referred to in subsection (1)(c) and (d).
S. 175A inserted by No. 65/2011 s. 95.
175A Relationship with certain orders under the Sentencing Act 1991
S. 175A(1) amended by No. 48/2018 s. 59(a).
(1) If a court makes a family violence intervention order in respect of a respondent that is inconsistent with a residence restriction or exclusion condition, a place or area exclusion condition or a curfew condition attached to a community correction order to which the respondent is subject at the time the family violence intervention order is made, the family violence intervention order prevails to the extent of any inconsistency.
S. 175A(1A) inserted by No. 53/2016 s. 74, amended by No. 48/2018 s. 59(a).
(1A) If a court of any jurisdiction makes a recognised DVO, or varies or extends a recognised DVO, in a way that is inconsistent with a residence restriction or an exclusion condition, a place or area exclusion condition or a curfew condition attached to a community correction order to which the respondent is subject at the time the recognised DVO is made, varied or extended, the recognised DVO prevails to the extent of any inconsistency.
S. 175A(2) amended by No. 48/2018 s. 59(b).
(2) In this section ***community correction order***, ***curfew condition***, ***place or area exclusion condition*** and ***residence restriction or exclusion condition*** have the same meaning as in the **Sentencing Act 1991**.
S. 175AC inserted by No. 26/2017 s. 18.
175AC Relationship between bail conditions and recognised DVO
(b) the person is subject to a recognised DVO; and
(c) there is an inconsistency between a bail condition and the recognised DVO; and
(d) the inconsistency makes it impossible for the person to comply with both the bail condition and the recognised DVO.
(2) The recognised DVO prevails to the extent of the inconsistency referred to in subsection (1)(c) and (d).