When an Intervention Order is made, many questions are often raised, including:
First, it is important to note that an Intervention Order is a civil matter, not a criminal matter. This means that an Intervention Order is a civil order in place between two (or more) people. Sometimes Victoria Police can apply for an Intervention Order, but this does not make it a criminal matter. An Intervention Order being made does not mean the Respondent has a criminal record or has committed any crime. Therefore, an Intervention Order will not show up on a police check or criminal record.
This means if you are applying for jobs or travelling and are asked if you have a criminal record, the fact that an Intervention Order exists does not mean you need to tick ‘yes’.
If the Respondent to the Intervention Order breaches the Order, they can be charged with a criminal offence. If that occurs, the Respondent could be found guilty. This includes breaches where the Protected Person invited you to breach the order, or you failed to comply with a direction made by the Court (i.e. if you were ordered to complete a Men’s Behavioural Change Program). If this occurs, then the breaches for the Intervention Order will appear on the Respondent’s police check or criminal record like any other crime. It will not show up for the Protected Person.
If you are a Respondent to an Intervention Order, you will be listed as a Prohibited Person under the Firearms Act 1996. A Prohibited Person is unable to hold a firearms licence for 5 years after the Intervention Order expires. If you apply for a firearms licence, then an Intervention Order made against you will show up in the Victoria Police database. You can apply to be deemed not a Prohibited Person and most of these applications are successful.
Working with Children Check
Generally, an Intervention Order will not affect your Working With Children Check in Victoria. However, depending on the circumstances that gave rise to the Intervention Order, those circumstances (if they posed a significant risk to a child) may be relevant in the determination of your Working With Children Check.
Applying to Work with Victoria Police
Victoria Police generally will not consider hiring anyone within 5 years of an Intervention Order expiring.
If you would like advice in relation to intervention orders, contact us on (03) 8391 8411 to book a free 30-minute consultation with us to discuss what steps you should take next.