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Personal Safety Intervention Orders Act 2010
89Protected person's views to be heard separately in certain circumstances
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89 Protected person's views to be heard separately in certain circumstances
(a) an application for a variation, revocation or extension of a personal safety intervention order is made—
(i) by a parent or other person with the parent's consent in respect of a protected person who is a child; or
(ii) by a protected person's guardian or other person with the guardian's consent in respect of a protected person; or
(iii) by a police officer; and
(b) the protected person objects to the application.
Note to s. 89(1) substituted by No. 13/2019 s. 221(Sch. 1 item 37.2).
In relation to resolving an issue between the guardian appointed under the **Guardianship and Administration Act 2019** and the affected person, see sections 44 and 159 of that Act. Section 44 provides that the guardian may seek advice from VCAT and section 159 provides for the reassessment of a guardianship order by VCAT.
(2) At the hearing for the variation, revocation or extension of the personal safety intervention order, the views of the protected person must be heard separately from the views of the applicant.
(3) Without limiting subsection (2), the views of the protected person may be heard through an independent legal representative acting on behalf of the person.
(4) This section applies despite anything in section 49 or 107.