Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

4L Restriction on children being called as witnesses or present in court

(1)A child must not be present during, or called as a witness in, proceedings in the Specialist Family Violence Court Division, other than proceedings for a family violence intervention order or a proceeding relating to a recognised DVO, if—

S. 4L(1) amended by Nos 52/2008 s. 253(3), 53/2016 s. 106(1), 33/2018 ss 37(3), 44(4).

(a)the child is a family member of a party to the proceedings; or

S. 4L(2)(a) amended by No. 68/2009 s. 97(Sch. item 82.13).

(b)the proceedings arise from or include allegations of family violence and the child is a family member of the alleged victim of that family violence.

S. 4L(2)(b) amended by No. 33/2018 ss 37(3), 44(4).

(2)However, subsection (1) does not apply if—

(a)the child is the accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008) in the proceedings; or

(b)the Specialist Family Violence Court Division makes an order allowing the child to be present or called as a witness (as the case may be).

(3)For the purposes of subsection (1), a proceeding relating to a recognised DVO is a proceeding for the variation, extension or revocation of a non-local DVO that is a recognised DVO, both within the meaning of the National Domestic Violence Order Scheme Act 2016.

S. 4L(3) inserted by No. 53/2016 s. 106(2).

Sections 67 and 150 of the Family Violence Protection Act 2008 restricts when a child can be present during, or called as a witness in, a proceeding for a family violence intervention order.