VICIn ForceAct
Family Violence Protection Act 2008
26Decision about family violence safety notice
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26 Decision about family violence safety notice
(1) A police officer of the rank of Sergeant or a higher rank who receives an application for a family violence safety notice may issue a family violence safety notice if—
(a) the police officer believes on reasonable grounds there is no family violence intervention order in place between the affected family member and respondent; and
(b) the police officer believes on reasonable grounds that issuing the notice is necessary—
(iii) to protect a child who has been subjected to family violence committed by the respondent.
(2) Before making a decision under subsection (1), the police officer making the decision—
(a) must hear the police officer responding to the incident; and
(b) must be satisfied that the grounds on which the police officer responding to the incident formed an opinion about the matters referred to in section 24(a), (b), (c) and (d) are reasonable; and
(c) may, if practicable, hear the respondent or the affected family member.
S. 26A inserted by No. 53/2016 s. 44.