Family Violence Intervention Orders and Counselling Orders in Victoria

The Legislation

Family Violence in Victoria (and nationally) has seen a dramatic increase over the past several years. In the 2020-2021 financial year, there were 41,512 Family Violence Intervention Order matters dealt with by the Magistrates’ Court, an increase of 2,427 from the previous year.

The Family Violence Protection Act 2008 is the overarching legislation which sets the parameters for how Family Violence Intervention Order matters are currently dealt with in Victoria.

Specialist Family Violence Court Division

The Magistrates’ Court implemented a Pilot Program which included the Specialist Family Violence Court Division. These courts currently operate in Shepparton, Ballarat, Moorabbin, Heidelberg, and Frankston.

Specialist Family Violence Courts feature:

• Magistrates specifically trained to hear Family Violence matters
• Ability to make Counselling Orders
• Registrars trained in Family Violence matters
• Family violence support practitioners for both applicants and respondents

Counselling Orders

When a Final Family Violence Intervention Order is made before a Specialist Family Violence Court, pursuant to Section 129 of the Family Violence Protection Act 2008, the Magistrate must order:

1. A counselling assessor to provide a report on the Respondent’s eligibility to attend approved counselling
2. The Respondent to attend an interview with the counselling assessor

This usually involves an eligibility assessment for a Men’s Behaviour Change Program. Non-specialist courts typically direct individuals to contact the Men’s Referral Service for a referral.

Breaching a Counselling Order

Counselling Orders are formal Court orders and usually form part of the Intervention Order conditions. Breaching these orders has serious ramifications:

• Under Section 129(5) of the Act, failing to attend the interview without reasonable excuse is an offence liable to a penalty not exceeding 10 penalty units.
• Breaching this condition may also constitute a contravention of the Intervention Order under Section 123, which can carry a maximum penalty of a fine up to 240 penalty units and/or up to two years imprisonment.

Exemptions

Under Section 129(2)(b) of the Act, a Counselling Order should not be made if the Magistrate is satisfied that:

• There is no approved counselling reasonably practicable for the Respondent to attend, or
• In all the circumstances of the matter, it is not appropriate to make such an order.