VICIn ForceAct
Family Violence Protection Act 2008
176GEffect of determination under section 176E(2)(b)—general
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176G Effect of determination under section 176E(2)(b)—general
(1) On and from making a determination under section 176E(2)(b), the application for the personal safety intervention order is taken, to the extent possible, to be an application for a family violence intervention order and, subject to this Part—
(a) this Act applies as if—
(i) a reference in the application to an affected person were a reference to an affected family member; and
(ii) a reference in the application to prohibited behaviour or stalking were a reference to family violence; and
(b) the court may make any orders that it may make in respect of an application for a family violence intervention order under this Act; and
(c) anything that has been done under the **Personal Safety Intervention Orders Act** **2010** in relation to the application or the proceeding for the application is, to the extent possible, taken to have been done under this Act.
(2) Without limiting subsection (1)(c)—
(a) a summons issued under section 20 of the **Personal Safety Intervention Orders Act** **2010** is taken to be a summons issued under section 49 of this Act; and
(b) a warrant to arrest issued under section 21 or 50 of the **Personal Safety Intervention Orders Act 2010** is taken to be a warrant issued under section 50 or 67A of this Act; and
(c) if the respondent has been granted bail, the bail conditions continue to apply; and
(d) a direction given under section 115 of the **Personal Safety Intervention Orders Act 2010** is taken to be a direction given under section 158 of this Act.
(3) Despite subsection (1)(c), on making a determination under section 176E(2)(b)—
(a) any order made under section 107 of the **Personal Safety Intervention Orders Act 2010** ceases to apply;
(b) Division 8 of Part I of the **Evidence (Miscellaneous Provisions) Act 1958** continues to apply to the proceeding.
Division 8 of Part I of the **Evidence (Miscellaneous Provisions) Act 1958** provides for confidentiality of mediation conferences conducted under that Division.
S. 176H inserted by No. 53/2010 s. 215.