35Court may make interim order

35 Court may make interim order (1) The court may make an interim order if a person has applied to the court for a personal safety intervention order and the court is satisfied— (a) on the balance of probabilities, that an interim order is necessary pending a final decision about the application— (i) to ensure the safety of the affected person; or (ii) to preserve any property of the affected person; and (b) that it is appropriate to make the order in all the circumstances of the case. See section 33, which provides that the court may take into account mediation assessment or mediation certificates and a party's lack of attendance at a mediation assessment or mediation when deciding whether to make a personal safety intervention order. (2) The court may also make an interim order if a person has applied to the court for a personal safety intervention order and the parties to the proceeding have consented to, or do not oppose, the making of an interim order for the application. (3) The court may make an order under subsection (2)— (a) without being satisfied as to any matter referred to in subsection (1); and (b) whether or not the respondent admits to any or all of the particulars of the application. (4) Without limiting subsection (1)(b), in deciding whether it is appropriate to make an interim order the court may consider— (a) if the respondent is a child, the respondent's ability to do the following, taking into account his or her age and maturity— (i) understand the nature and effect of an interim order; and (ii) comply with the conditions of the interim order; (b) if the court is satisfied that the respondent has a cognitive impairment, the respondent's ability to do the following, taking into account his or her cognitive impairment— (i) understand the nature and effect of an interim order; and (ii) comply with the conditions of the interim order. (5) The court may make an interim order whether or not— (a) some or all of the prohibited behaviour or stalking alleged in the application for the personal safety intervention order occurred outside Victoria, so long as the affected person was in Victoria at the time at which that alleged conduct occurred; (b) the affected person was outside Victoria at the time at which some or all of the prohibited behaviour or stalking alleged in the application for the personal safety intervention order occurred, so long as that alleged conduct occurred in Victoria. S. 35(6) inserted by No. 33/2018 s. 112. (6) The court may make an interim order at any time after the making of an application for a personal safety intervention order and before the final decision about the application is made, and may do so whether or not the court has previously made or refused to make an interim order. See Division 7 which provides for the inclusion of conditions in a personal safety intervention order, including an interim order. See also Division 7 which provides for the inclusion of conditions suspending a firearms authority, weapons approval or weapons exemption in the case of an interim order and cancelling a firearms authority, weapons approval or weapons exemption in the case of a final order.