Personal Safety Intervention Order (PSIO) - Private Applicant

Can a personal safety intervention order be made by consent?: Yes. If the parties consent to, or do not oppose, a final order, the Court may make it whether or not the respondent admits any of the particulars of the application and, for an adult respondent, without being satisfied of the s 61 grounds (s 64(1) Personal Safety Intervention Orders Act 2010); for a child respondent it must still be satisfied of the s 61 matters (s 64(2)(a)). The Court may refuse if, for an adult respondent, the order is not appropriate in all the circumstances, or if it may pose a risk to the safety of a party or a child of the protected person or respondent (s 64(2)(b) and (5)). The Court's Form PSIO5 is used for minutes of proposed consent orders.

Jurisdiction: Magistrates' Court of Victoria. Governed by the Personal Safety Intervention Orders Act 2010 (Vic) and the Magistrates' Court (Personal Safety Intervention Orders) Rules 2021. Two forks exist: DSCV Mediation Pathway and Defendant Client.

The Process at a Glance: The process begins with safety assessment, conflict screening, and verifying that the relationship is non-family. The practitioner drafts the initiating Form PSIO1 and compiles a Supporting Affidavit, ensuring it is sworn before an authorised witness to support an interim application. Registry triages the filing and the practitioner attends a compulsory registrar interview. If immediate protection is required, the magistrate hears an ex-parte interim application on the same day. Victoria Police must execute personal service of the interim order for it to be enforceable. At the return mention, the court evaluates mediation suitability. If contested, directions are made for exchange of evidence, leading to a contested final trial where the magistrate determines whether to grant a final order under the civil standard.

Key Legislation and Case Law: Personal Safety Intervention Orders Act 2010 (Vic) - Section 5 (definition of prohibited behaviour), Section 7 (definition of harassment), Section 10 (definition of stalking), Section 26 (mediation directions), Section 35 (power to make interim orders), Section 38(1) (evidentiary threshold for interim orders), Section 61 (grounds for final orders), Section 61(1)(b) (respondent and affected person must not be family members), Section 62 (no final order if an existing family violence intervention order or recognised DVO is in place between them), Section 100(2) (service requirements for enforcement), and Section 111 (costs rule). Magistrates' Court (Personal Safety Intervention Orders) Rules 2021 - Rule 8.01 (affidavit structure), Rule 8.06 (affidavit exhibits), and Rule 12.01 (geographic venue). Leading authority Myers v Satheeskumar [2024] VSC 12 (reported at (2024) 73 VR 111) confirms that interim orders made without a sworn affidavit or oral evidence are invalid. Leading authority on costs Di Lorenzo v The Magistrates' Court of Victoria [2021] VSC 475 interprets the s 111 exceptional circumstances threshold.

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