July 19, 2019 | Rosanna Di Grazia
The Magistrates Court of Victoria updates FVIO standard conditions
From the MCV:
The Magistrates’ Court of Victoria has collaborated with RMIT’s Centre for Innovative Justice to update the Family Violence Intervention Orders (FVIO) standard conditions. The aim is to ensure that FVIOs are clearer, easier to understand and aligned with the Family Violence Protection Act 2008. It will also lead to increased understanding potentially reducing the need for orders to be varied or revoked.
For applicants and respondents, an “Information Sheet” will be attached to every interim and final order made. The Information Sheet has been created in conjunction with the new standard conditions to compliment the plain language changes and replace the current “Explanations”.
The Coronial Inquest into the death of Luke Batty in 2015 recommended that MCV revise the form and content of FVIOs to be written in clear and unambiguous language.
The Royal Commission into Family Violence then endorsed the simplification of FVIO conditions in 2016.
In developing the new language and determining the best set of conditions, MCV and CIJ consulted broadly across Victoria Police, legal services, practitioners, Magistrates and court users.
There will be a few changes for MCV court staff as they transition to the new language.
These changes will go live in MCV’s Courtlink case management system on 24 July 2019 but will continue to accommodate any existing applications or orders initiated before this date.
Victoria Police will update their systems at a later date. MCV will still accommodate the existing conditions from Victoria Police until their systems can accommodate the changes.
Changes will occur to MCV’s technology infrastructure, forms and processes. Until the change is completed within Victoria Police systems, we will be managing two sets of conditions until all systems can integrate the new language.
Our aim is to ultimately see greater compliance from respondents issued with a FVIO and provide greater clarity for Victoria Police and legal services to better explain or enforce these conditions. Clearer conditions will also ensure that victims understand the protections afforded to them under the FVPA.
While the new language and accompanying information sheet will go a long way in simplifying the terms of the FVIO order, what magistrates, registrars, police, legal practitioners and support services say and do has a huge impact on how victims and respondents understand the conditions and what is required of them.
User research and feedback from victim survivors and respondents, showed that many had very little idea what their order meant and what type of behaviours constituted family violence.
A consistent approach to messaging and language around the new conditions supports a more integrated approach to make the system easier to navigate for those experiencing family violence.
The Go-Live date is 24 July 2019. To help with the transition to the new standard conditions, please find attached an information flyer which provides an overview of the changes and what this will mean for you.
Any questions or feedback can be directed to:
Jason Morks, Senior Project Officer, FV Branch
(03) 7004 9765 / [email protected]
