December 2008
PERSONAL SAFETY INTERVENTION ORDER MATTERS WORKSHEET
APPLICANTS
MERIT ISSUE
In a personal safety intervention order application, the practitioner must have formed the view that
the application is reasonable (meaning that the application is not frivolous, vexatious or in bad faith)
and more likely than not to succeed in being made as sought by the applicant.
 VLA will not provide assistance to children under 14 years old.
 VLA expects an applicant under 18 to be included in any application by an adult applicant.
 VLA will only grant assistance once the case is listed for a contested hearing and an adult
applicant can establish an ongoing history of “obsessed stranger” stalking by the respondent
with whom they do not have and have not had a close personal relationship.
 VLA expects applicants to begin proceedings with the help of police or a Magistrate Court
registrar.
 VLA will not normally fund a matter for an affected person where the application is made by
the police.
VLA may grant assistance for the applicant if:
Adult applicant
the applicant is an adult and the matter is listed for contested hearing, and
the applicant can establish an ongoing history of “obsessed stranger” stalking by the respondent
with whom they do not have and have not had a close personal relationship, and
the applicant is more likely than not to succeed in obtaining an intervention order under the Act.
Child applicant
the applicant is a child 14 and older and has leave of the court to apply for an order, or
the child is included in an adult’s application for an intervention order, but the court decides that
the child’s application should be heard separately, and
the court deems it imperative that the child is represented and there is a referral to VLA, and
the matter is listed for a contested hearing, and
the applicant is more likely than not to succeed in obtaining an intervention order under the Act.
Please outline:
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Victoria Legal Aid
Personal safety intervention order matters worksheet
RESPONDENTS
Adult respondent
VLA may grant assistance to an adult respondent to oppose the making of an intervention order if:
the respondent is an adult and the making of an intervention order in the terms sought would
genuinely place the respondent at risk of homelessness, and
the respondent can demonstrate that the application is unlikely to be successful and they are
more likely than not to succeed in contesting the making of an intervention order.
Child respondent
VLA may grant assistance to a child respondent to oppose the making of an intervention order if:
the court deems it imperative that the child is represented and there is a referral to VLA, and
the respondent can demonstrate that the application is unlikely to be successful and they are
more likely than not to succeed in contesting the making of an intervention order.
Please outline:
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