Domestic and Family Violence Protection Act 1989 (Qld)
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Queensland Domestic and Family Violence Protection Act 1989 Reprinted as in force on 1 July 2010 Reprint No. 5E This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 1 July 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Domestic and Family Violence Protection Act 1989 Contents Part 1 1 2 3 3A 4 5 6 7 9 Part 2 10 11 11A 12 12A 12B 12C 12D 12E 12F 13 14 14A Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 References to court and when justices may exercise power . . . . 8 Meaning of possession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Meaning of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Meaning of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Meaning of court being satisfied . . . . . . . . . . . . . . . . . . . . . . . . . 10 Explanation of how domestic violence is dealt with under this Act Purpose of this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 What is domestic violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Relationships that are domestic relationships for this Act . . . . . . 11 What is a spousal relationship and who is a spouse . . . . . . . . . . 12 What is an intimate personal relationship. . . . . . . . . . . . . . . . . . . 12 Meaning of family relationship and relative . . . . . . . . . . . . . . . . . 13 What is an informal care relationship . . . . . . . . . . . . . . . . . . . . . . 14 Children as applicants and respondents generally. . . . . . . . . . . . 16 Child who is a party but is not represented . . . . . . . . . . . . . . . . . 17 Who is an aggrieved and who is a respondent. . . . . . . . . . . . . . . 17 What assistance can a court give to prevent domestic violence? 18 Who can apply for a protection order? . . . . . . . . . . . . . . . . . . . . . 18 Court to explain order to aggrieved or respondent before the court ...................................... 19
2 Domestic and Family Violence Protection Act 1989 15 16 17 17A 18 Part 3 Division 1 20 21 22 23 24 25 25A 26 29 30 31 33 34 34A 34B 35 36 37 38 39 39AA Division 2 39A Who can a domestic violence order protect? . . . . . . . . . . . . . . . . When can a court make a domestic violence order? . . . . . . . . . . What are the conditions of a domestic violence order? . . . . . . . . What happens if circumstances change after domestic violence order is made? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What can happen if a respondent does not comply with an order ..................................... Domestic violence orders—powers of court Powers of courts to make domestic violence orders Power of court to make order to protect person with a domestic relationship against domestic violence. . . . . . . . . . . . . . . . . . . . . Power of court to make orders to protect relatives or associates of aggrieved against violence etc. . . . . . . . . . . . . . . . . . . . . . . . . Protection order must include standard condition to be of good behaviour etc. ................................... Weapons Act to apply to respondents otherwise exempt. . . . . . . Matters relating to weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court may impose other conditions . . . . . . . . . . . . . . . . . . . . . . . Orders under s 25 that include ouster condition. . . . . . . . . . . . . . Special condition for thing that has been used as a weapon . . . . Domestic violence orders must include information about weapons ...................................... Power of court if person pleads or is found guilty of related offences ..................................... Court may inform other entities about matters of concern . . . . . . Court may make domestic violence order by consent . . . . . . . . . Start of domestic violence orders . . . . . . . . . . . . . . . . . . . . . . . . . Duration of protection orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of temporary protection orders. . . . . . . . . . . . . . . . . . . . Variation of domestic violence order . . . . . . . . . . . . . . . . . . . . . . Revocation of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner must be given notices of applications to vary or revoke ........................................ Conferral of jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court may summons person to attend . . . . . . . . . . . . . . . . . . . . . Court may set aside a summons . . . . . . . . . . . . . . . . . . . . . . . . . Powers of court and magistrates to make temporary protection orders Act of domestic violence necessary before particular temporary protection orders made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 20 21 21 21 22 23 23 23 24 25 27 29 30 30 30 31 31 31 32 33 33 34 34 35 36 37
3 Domestic and Family Violence Protection Act 1989 39B 39C 39D 39E 39F 39G 39H Division 3 40 41 42 43 44 45 46 Division 4 46A 46B 46C Part 4 Division 1 47 48 49 50 51 52 53 Division 2 54 Form of temporary protection orders . . . . . . . . . . . . . . . . . . . . . . Temporary protection order because of adjournment . . . . . . . . . Court may make temporary protection order without proof of service in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . Temporary protection order when cross application made. . . . . . Court may make temporary protection order when considering variation of domestic violence order . . . . . . . . . . . . . . . . . . . . . . . Temporary protection order for application under s 54 . . . . . . . . . Court may make temporary protection order relating to respondent being released from custody on conditions under s 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration of interstate orders Application to register interstate order in Queensland . . . . . . . . . Clerk to obtain copies of order and proof of service. . . . . . . . . . . Registration of interstate order . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of clerk after order is registered . . . . . . . . . . . . . . . . . . . . . . Effect of registration of interstate order . . . . . . . . . . . . . . . . . . . . Variation etc. of registered interstate order . . . . . . . . . . . . . . . . . Applicant need not notify person against whom interstate order was made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant orders under Family Law Act 1975 (Cwlth) and Family Court Act 1997 (WA) Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of existence of relevant family protection order . . . . . Court to consider relevant family contact order etc. . . . . . . . . . . . Procedural provisions Procedures to be followed by court on applications for protection orders Service of application on respondent may be accompanied by summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appearance of respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-appearance of respondent . . . . . . . . . . . . . . . . . . . . . . . . . . Court to ensure respondents and aggrieveds understand domestic violence orders ......................... Application for revocation or variation. . . . . . . . . . . . . . . . . . . . . . Duty of clerk of court to give certain notices to commissioner . . . Procedure if person found guilty etc. of related offence . . . . . . . . Police may apply for temporary protection order in certain circumstances Applications by telephone, facsimile etc. . . . . . . . . . . . . . . . . . . . 37 37 38 38 39 39 40 40 40 41 41 42 42 43 44 44 44 45 46 47 47 49 50 51 52
4 Domestic and Family Violence Protection Act 1989 55 56 57 Division 3 58 59 60 61 62 62A Part 5 63 64 64A 65 66 Part 6 67 69 70 71 72 75 78 Part 7 80 81 81A 82 83 84 85 86 87 89 Duty of magistrate upon application under s 54 . . . . . . . . . . . . . . Duty of police officer for s 54 order. . . . . . . . . . . . . . . . . . . . . . . . Return date of temporary protection order . . . . . . . . . . . . . . . . . . Other procedural provisions Service of court orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions concerning warrants . . . . . . . . . . . . . . . . . . . . . . . . . . Police officer or authorised person may represent aggrieved . . . Court may not award costs except if application malicious etc. . . Concurrent and other proceedings. . . . . . . . . . . . . . . . . . . . . . . . Procedural provisions for tenancy application . . . . . . . . . . . . . . . Appeals Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Institution of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner has right to appear and be heard on appeal . . . . Nature of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police functions and powers Police action relating to domestic violence. . . . . . . . . . . . . . . . . . Presence at domestic violence incident . . . . . . . . . . . . . . . . . . . . Duty of police officer who has taken a person into custody under s 69 .................................. Police officer must apply for protection order etc.. . . . . . . . . . . . . Duty of police officers to apply for protection order in certain circumstances ................................. Entry of registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting in aid of police powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Breach of order or conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . Courts to be closed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Child not to be witness or swear affidavit . . . . . . . . . . . . . . . . . . . Restriction on publication of proceedings. . . . . . . . . . . . . . . . . . . Prosecution of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service etc. of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of right to compensation—liability at law . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 54 54 55 56 56 57 57 58 59 60 61 61 61 62 62 63 64 65 66 67 67 68 68 69 70 71 71 72 73 73
5 Domestic and Family Violence Protection Act 1989 Part 8 Division 1 90 91 93 94 95 Division 2 96 Division 3 97 98 99 100 Schedule Transitional Transitional provisions for Domestic Violence (FamilyProtection) Amendment Act 1992 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Instruments, documents, decisions and orders to continue with certain changes .................................. Higher courts may deal with pending matters . . . . . . . . . . . . . . . Standard conditions not part of orders under old Act . . . . . . . . . . Disposal of weapons seized under old Act. . . . . . . . . . . . . . . . . . Transitional provisions for Domestic Violence (FamilyProtection) Amendment Act 1999 Temporary protection orders to continue to have effect . . . . . . . . Transitional provisions for Domestic Violence LegislationAmendment Act 2002 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New Act to the extent it relates to intimate personal, family or informal care relationships does not apply to domestic violence etc. committed only before the commencement. . . . . . . . . . . . . . Revocations and suspensions of weapons licence before commencement and retention of weapons for earning a livelihood .................................... References to terms in old Act to be read as references in new Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 74 75 75 75 76 76 77 77 78 79 Endnotes 1 2 3 4 5 6 7 8 9 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 83 84 84 85 85 87 100 101
s 1 7 s 3A Domestic and Family Violence Protection Act 1989 Domestic and Family Violence Protection Act 1989 [as amended by all amendments that commenced on or before 1 July 2010] An Act to provide for protection to a person against violence committed or threatened by someone else if a spousal, intimate personal, family or informal care relationship exists between the persons Part 1 Preliminary 1 Short title This Act may be cited as the Domestic and Family Violence Protection Act 1989 . 2 Commencement (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act shall commence on a day appointed by proclamation. 3 Definitions The dictionary in the schedule defines particular words used in this Act. 3A Main purpose of Act (1) The main purpose of this Act is to provide for the safety and protection of a person in the case of domestic violence committed by someone else if any of the following domestic relationships exist between the 2 persons—
s4 8 s4 Domestic and Family Violence Protection Act 1989 (a) a spousal relationship; (b) an intimate personal relationship; (c) a family relationship; (d) an informal care relationship. (2) The way in which the main purpose of this Act is to be achieved is by allowing a court to make a domestic violence order to provide protection for the person against further domestic violence. 4 References to court and when justices may exercise power (1) Court means— (a) if an application is made to a Magistrates Court—the Magistrates Court; or (b) if an application is made to a magistrate under section 54—the magistrate; or (c) if an offender pleads guilty or is found guilty in relation to an offence that involves domestic violence—the court before which the offender appears. (2) A Magistrates Court means a court constituted by a magistrate but, subject to subsections (3) and (6), does not include a court constituted by justices who are not magistrates. (3) If an application is made— (a) to make a domestic violence order in terms agreed to by, or on behalf of, an aggrieved and a respondent; or (b) to make or extend a temporary protection order and a magistrate is not readily available to constitute a Magistrates Court for the purpose; or (c) to adjourn proceedings taken with a view to the making of a domestic violence order against a respondent; a Magistrates Court constituted by 2 or more justices may deal with the application.
s5 9 s6 Domestic and Family Violence Protection Act 1989 (4) An order made, or action taken, under subsection (3) is a procedural order or action for the purposes of the Justices ofthe Peace and Commissioners for Declarations Act 1991 . (5) Subsection (6) applies if an offender appears in relation to an offence involving domestic violence at a place at which a Magistrates Court is being held before 2 or more justices appointed under section 552C(3) of the Criminal Code for the place and pleads guilty to the offence. 1 (6) The Magistrates Court, constituted by the justices exercising jurisdiction under section 552C(3) of the Criminal Code, may deal with an application for a domestic violence order, or make a domestic violence order on its own initiative, relating to the offence and for which the offender is the respondent. 5 Meaning of possession (1) Possession of a weapon or thing includes— (a) having it in one’s custody; and (b) having it under one’s control in any place (whether or not another has custody of it); and (c) having an ability to obtain its custody at will; and (d) having a claim to its custody if the claimant has committed it to the custody of another, even though the weapon or thing is temporarily not in the control of the person having the claim. (2) A respondent does not possess a weapon if the respondent has otherwise surrendered the weapon under the WeaponsAct, section 29B. 6 Meaning of premises Premises includes any, or part of any, of the following (whether a public place or private property)— 1 Under section 552C(3) of the Criminal Code, the Attorney-General may by gazette notice appoint a justice for a place specified in the gazette notice.
s 7 10 s 10 Domestic and Family Violence Protection Act 1989 (a) an area of land (including a road within the meaning of the Transport Operations (Road Use Management) Act1995 ); (b) a building or structure (whether movable or immovable), including a dwelling house; (c) a vehicle, vessel or aircraft; (d) a caravan or trailer. 7 Meaning of property Property of a person means property that— (a) the person owns; or (b) the person does not own, but— (i) is used and enjoyed by the person; or (ii) is available for the person’s use or enjoyment; or (iii) is in the person’s care or custody; or (iv) is at the premises at which the person is residing. 9 Meaning of court being satisfied If a court is to be satisfied of a matter, the court need only be satisfied of the matter on the balance of probabilities. Part 2 Explanation of how domestic violence is dealt with under this Act 10 Purpose of this part (1) This part explains how domestic violence is dealt with under this Act, including setting out some of the ideas and expressions that are important for an understanding of this Act.
s 11 11 s 11A Domestic and Family Violence Protection Act 1989 (2) In particular, this part states what is domestic violence and the relationships that are protected by this Act. 11 What is domestic violence (1) Domestic violence is any of the following acts that a person commits against another person if a domestic relationship exists between the 2 persons— (a) wilful injury; (b) wilful damage to the other person’s property; Example of paragraph (b) — wilfully injuring a defacto’s pet (c) intimidation or harassment of the other person; Examples of paragraph (c) — 1 following an estranged spouse when the spouse is out in public, either by car or on foot 2 positioning oneself outside a relative’s residence or place of work 3 repeatedly telephoning an ex-boyfriend at home or work without consent (whether during the day or night) 4 regularly threatening an aged parent with the withdrawal of informal care if the parent does not sign over the parent’s fortnightly pension cheque (d) indecent behaviour to the other person without consent; (e) a threat to commit an act mentioned in paragraphs (a) to (d). (2) The person committing the domestic violence need not personally commit the act or threaten to commit it. 2 11A Relationships that are domestic relationships for this Act (1) Each of the following is a domestic relationship for this Act— 2 See section 20(2)— (2) A person who counsels or procures someone else to commit an act that, if done by the person, would be an act of domestic violence is taken to have committed the act.
s 12 12 s 12A Domestic and Family Violence Protection Act 1989 (a) a spousal relationship; (b) an intimate personal relationship; (c) a family relationship; (d) an informal care relationship. (2) Although a domestic relationship exists only between 2 persons, 1 aggrieved, or an authorised person for 1 aggrieved, may make an application for a protection order naming 1 respondent or more than 1 respondent. 12 What is a spousal relationship and who is a spouse (1) A spousal relationship exists between spouses. (2) A spouse includes— (a) a former spouse; and (b) either 1 of the biological parents of a child. (3) For subsection (2)(b), it is irrelevant whether there is or was any relationship between the biological parents of the child. 12A What is an intimate personal relationship (1) An intimate personal relationship exists between 2 persons if the persons are or were engaged to be married to each other, including a betrothal under cultural or religious tradition. (2) Also, an intimate personal relationship exists between 2 persons, whether or not the relationship involves or involved a relationship of a sexual nature, if— (a) the persons date or dated each other; and (b) their lives are or were enmeshed to the extent that the actions of 1 of them affect or affected the actions or life of the other. (3) In deciding whether an intimate personal relationship exists under subsection (2), a court may have regard to the following— (a) the circumstances of the relationship, including, for example, trust and commitment;
s 12B 13 Domestic and Family Violence Protection Act 1989 s 12B (b) the length of time for which the relationship has existed or did exist; (c) the frequency of contact between the persons; (d) the level of intimacy between the persons. (4) An intimate personal relationship may exist whether the 2 persons are the same or the opposite sex. (5) The lives of 2 persons are not enmeshed merely because the persons date or dated each other on a number of occasions. 12B Meaning of family relationship and relative (1) A family relationship exists between 2 persons if 1 of them is the relative of the other. (2) A relative , of a person, is someone who is ordinarily understood to be or to have been connected to the person by blood or marriage. Example of subsection (2) — A person’s spouse, child (including an individual 18 years or over), stepchild, parent, step-parent, sibling, grandparent, aunt, nephew, cousin, half-brother, mother-in-law or aunt-in-law is the person’s relative. (3) For deciding if someone is related by marriage, any 2 persons who are or were spouses of each other are considered to be or to have been married to each other. (4) A relative of a person (the relevant person ) is also either of the following persons if it is or was reasonable to regard the person as a relative especially considering that for some people the concept of a relative may be wider than is ordinarily understood— (a) a person whom the relevant person regards or regarded as a relative; (b) a person who regards or regarded himself or herself as a relative of the relevant person. Examples of people who may have a wider concept of a relative — 1 Aboriginal people 2 Torres Strait Islanders
s 12C 14 Domestic and Family Violence Protection Act 1989 s 12C 3 members of certain communities with non-English speaking backgrounds 4 people with particular religious beliefs (5) In deciding if a person is a relative of someone else— (a) a subsection of this section must not be used to limit another subsection of this section; and (b) each subsection is to have effect even though, as a result, a person may be considered to be a relative who would not ordinarily be understood to be a relative. 12C What is an informal care relationship (1) An informal care relationship exists between 2 persons if a person is or was dependent on another person (a carer ) who helps the person in an activity of daily living ( personal care activity ). Examples of personal care activities a carer may perform — 1 dressing or other personal grooming of the person 2 preparing the person’s meals or helping the person with eating meals 3 shopping for the person’s groceries 4 telephoning a specialist to make a medical appointment for the person (2) The personal care activity must be required, or have been required, because of a disability, illness or impairment relating to the person. (3) A relationship in which the personal care activity is or was provided under an arrangement the person entered into with someone other than the carer is not an informal care relationship, whether or not a fee is or was paid for the care. Example for subsection (3) — The relationship between a person and a nurse who visits the person each day to help with bathing and physiotherapy is not an informal care relationship if the nurse visits under an arrangement between the person and a community based in-home care entity. (4) If the person entered into an arrangement with the carer and a fee is or was paid, or is to be paid, to or at the discretion of the carer under the arrangement for the personal care activity, the
s 12C 15 Domestic and Family Violence Protection Act 1989 s 12C relationship existing between the persons is not an informal care relationship unless it is alleged that the circumstances relating to the arrangement or fee include an act mentioned in section 11(1)(a) to (e). Example for subsection (4) — The relationship that exists between a person and the person’s carer is an informal care relationship if the carer demanded the proceeds of the person’s pension or superannuation cheque and threatened to injure the person unless the proceeds were paid. (5) However, an informal care relationship can not exist between a child and a parent of the child. (6) In this section— fee does not include— (a) a pension or allowance in the carer’s own name from the Commonwealth Government for providing care to a person; or (b) an amount of money paid to a carer for goods purchased for the person that does not exceed the purchase price of the goods. Example of paragraph (b) — A friend of a person who has had a stroke may call on the person at the person’s home every second day and bring fresh milk and bread and be given the price of the items. parent , of a child, see Child Protection Act 1999 , section 11. 3 3 Child Protection Act 1999 — 11 Who is a parent (1) A parent of a child is the child’s mother, father or someone else (other than the chief executive) having or exercising parental responsibility for the child. (2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child. (3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child. (4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child. (5) A reference in this Act to the parents of a child or to 1 of the parents of a child is, if the child has only 1 parent, a reference to the parent.
s 12D 16 Domestic and Family Violence Protection Act 1989 s 12D 12D Children as applicants and respondents generally (1) Subject to this section, a person who is a child may be named as the aggrieved or the respondent in a domestic violence order. (2) However, the child may be named as the aggrieved or the respondent only if a spousal relationship, intimate personal relationship or informal care relationship exists between the child and the other party named in the domestic violence order. (3) Subsection (2) does not limit the interstate orders that may be registered under part 3, division 3. (4) If the child is under 16 years, a person responsible for giving a document to the child— (a) must also give a copy of the document to a parent of the child; and (b) must not give the document to the child at or in the vicinity of the child’s school, unless there is no other place where service may be reasonably effected. (5) If the child is at least 16 years, a person responsible for giving a document to the child— (a) must not give a copy of the document to a parent of the child unless the court orders it to be given to the parent; and (b) must give the document to the child as discreetly as practicable. (6) To the extent that subsection (4) or (5) is inconsistent with section 85, that subsection prevails. (7) In this section— other party , in a domestic violence order, means— (a) in relation to an aggrieved—the respondent or any 1 of the respondents named in the domestic violence order; or (b) in relation to a respondent—the aggrieved named in the domestic violence order.
s 12E 17 Domestic and Family Violence Protection Act 1989 s 12F parent , of a child, see the Child Protection Act 1999 , section 11. 12E Child who is a party but is not represented (1) This section applies to a child who— (a) is named in an application for a protection order as the aggrieved; and (b) appears before a court and is not represented by a lawyer or helped by a police officer or authorised person. (2) Also, this section applies to a child who— (a) is named in an application for a protection order as the respondent; and (b) appears before a court and is not represented by a lawyer. (3) The court may adjourn the hearing of the application unless it is satisfied the child— (a) has had reasonable opportunity to obtain representation by a lawyer; and (b) has decided not to be represented by a lawyer. 12F Who is an aggrieved and who is a respondent (1) An aggrieved means the person for whose benefit a domestic violence order is in force or may be made under this Act. (2) Only 1 person may be named as the aggrieved in an application for a protection order or in the domestic violence order. (3) A respondent means a person against whom a domestic violence order is in force, is sought or may be sought, under this Act. (4) More than 1 person may be named as the respondent in an application for a protection order or in the domestic violence order.
s 13 18 s 14 Domestic and Family Violence Protection Act 1989 13 What assistance can a court give to prevent domestic violence? (1) A court can make a domestic violence order for the benefit of an aggrieved. (2) A domestic violence order means— (a) a protection order; or (b) a temporary protection order. (3) A temporary protection order is an order (made under part 3, division 2 or section 54) for a short period until a court decides whether to make a protection order for the benefit of an aggrieved. (4) Sometimes, the court can make a domestic violence order even though the person against whom the order is made— (a) is not notified about the application; or (b) does not appear in court. 14 Who can apply for a protection order? (1) An application for a protection order may be made only by— (a) an aggrieved; or (b) an authorised person mentioned in subsection (2); or (c) a police officer mentioned in subsection (3); or (d) a person acting under another Act for the aggrieved as mentioned in subsection (4). (2) An authorised person means— (a) an adult authorised in writing by an aggrieved to appear on behalf of the aggrieved; 4 or (b) an adult whom the court believes is authorised by an aggrieved to appear on behalf of the aggrieved even though the authority is not in writing. 4 See section 60(2)— (2) If an authorised person has made an application under this Act to a court and the court decides the authorised person is not able to assist it, the application is taken to have been made by the aggrieved.
s 14A 19 Domestic and Family Violence Protection Act 1989 s 14A Example of paragraph (b)— A 19 year old man has a physical disability that results in him not being able to sign an authority. He alleges his uncle has threatened physical harm to him. The man orally authorises his grandfather to apply for a protection order against the uncle. The court may believe the grandfather is authorised to appear on behalf of the man after hearing evidence about the authorisation. (3) A police officer who— (a) has investigated a matter under section 67; and (b) has the reasonable beliefs mentioned in section 67(2); may apply for a protection order. (4) A person is acting under another Act for the aggrieved— (a) if the person is a guardian for a personal matter of the aggrieved, or an administrator for a financial matter of the aggrieved, under the GuardianshipandAdministration Act 2000 ; or (b) if the person is the adult guardian and considers the aggrieved does not have capacity to make an application for a protection order; or (c) if the person is appointed as the aggrieved’s attorney under an enduring power of attorney under the PowersofAttorneyAct1998 and the person makes the application under the enduring power of attorney. (5) If a person may make an application for a protection order, the person may make other applications or bring other proceedings under this Act in relation to a domestic violence order made because of the application. 14A Court to explain order to aggrieved or respondent before the court (1) When an aggrieved or respondent is first personally before a court, the court must satisfy itself that the aggrieved or respondent understands— (a) the nature, purpose and legal implications of the application; and (b) the legal implications of the court making a domestic violence order because of the application.
s 15 20 s 16 Domestic and Family Violence Protection Act 1989 (2) If a person’s first presence before a court is at the time the court is about to make a domestic violence order, the court may comply with subsection (1) and section 50, at the same time. (3) Failure to comply with this section does not affect the validity of the domestic violence order. 15 Who can a domestic violence order protect? (1) As well as the aggrieved, a relative or associate of the aggrieved may be protected by the domestic violence order. (2) A relative or associate is protected by being specifically named in the domestic violence order under section 21(1). (3) The specifically named relative or associate is called a named person . (4) The name of the named person may be specified in the domestic violence order at the time it is made or at a later time. (5) An associate means either of the following persons if it is reasonable to regard the person as an associate— (a) a person whom an aggrieved regards as an associate; (b) a person who regards himself or herself as an associate of the aggrieved. Examples of persons who could be associates — 1 a person who works at the same place as the aggrieved 2 a person who resides at the same place as the aggrieved 3 a person who belongs to the same church, club or other type of association as the aggrieved 16 When can a court make a domestic violence order? (1) Firstly, an application for a protection order may be made to a Magistrates Court by any of the persons mentioned in section 14. (2) Secondly, a police officer may apply to a magistrate for a temporary protection order under section 54.
s 17 21 s 18 Domestic and Family Violence Protection Act 1989 (3) Thirdly, if a person is before a Magistrates Court, the Childrens Court, the District Court or the Supreme Court for an offence involving domestic violence, the court may make a domestic violence order under section 30. (4) Fourthly, if a person has obtained an order from another State, a Territory or New Zealand to protect himself or herself, the order may be registrable in Queensland under part 3, division 3. 17 What are the conditions of a domestic violence order? If a court makes a domestic violence order— (a) the respondent must be of good behaviour and must not commit acts of domestic violence or associated domestic violence; and (b) the respondent must comply with any other conditions imposed by the court and stated in the order. 17A What happens if circumstances change after domestic violence order is made? If circumstances change after a domestic violence order is made, a person may, under section 51, apply for a variation or revocation of the order. Example of change of circumstances — A temporary protection order is made because of an application by a police officer under section 54. The aggrieved’s place of residence is stated in the order as premises that the respondent is prohibited, by the order, from approaching within a stated distance of. If the aggrieved changes his or her place of residence, a variation of the temporary protection order may be sought under section 51. 18 What can happen if a respondent does not comply with an order (1) If a respondent does not comply with a domestic violence order, including a registered interstate order, a police officer can charge the respondent with an offence.
s 20 22 s 20 Domestic and Family Violence Protection Act 1989 (2) An aggrieved, named person or anyone else can complain to a police officer that the respondent is not complying with the order. Part 3 Domestic violence orders—powers of court Division 1 Powers of courts to make domestic violence orders 20 Power of court to make order to protect person with a domestic relationship against domestic violence (1) A court may make an order against a person for the benefit of someone else (the other person ) if the court is satisfied that— (a) the person has committed an act of domestic violence against the other person and a domestic relationship exists between the 2 persons; and (b) the person— (i) is likely to commit an act of domestic violence again; or (ii) if the act of domestic violence was a threat—is likely to carry out the threat. (2) A person who counsels or procures someone else to commit an act that, if done by the person, would be an act of domestic violence is taken to have committed the act. (3) If an application for a protection order names more than 1 respondent, the court may make a domestic violence order or domestic violence orders naming 1, some or all of the respondents, as the court reasonably considers appropriate.
s 21 23 s 23 Domestic and Family Violence Protection Act 1989 21 Power of court to make orders to protect relatives or associates of aggrieved against violence etc. (1) The court may include the name of a relative or associate of an aggrieved in a domestic violence order made for the benefit of the aggrieved if the court is satisfied that the respondent has committed, or is likely to commit, any of the following acts against the relative or associate— (a) wilful injury; (b) wilful damage to property of the relative or associate; (c) intimidation or harassment; (d) a threat to commit an act mentioned in paragraphs (a) to (c). (2) A person who counsels or procures someone else to commit an act that, if done by the person, would be an act of associated domestic violence is taken to have committed the act. 22 Protection order must include standard condition to be of good behaviour etc. In making a domestic violence order, the court must impose a condition that the respondent— (a) be of good behaviour towards the aggrieved and not commit domestic violence; and (b) if a named person is specified in the order—be of good behaviour towards the named person and not commit an act of associated domestic violence against the person. 23 Weapons Act to apply to respondents otherwise exempt (1) This section applies to a person to whom, under the WeaponsAct, section 2, that Act does not apply when the person— (a) possesses or uses a weapon as part of the person performing duties as mentioned in the WeaponsAct, section 2(1)(e); or
s 24 24 s 24 Domestic and Family Violence Protection Act 1989 (b) possesses or uses a weapon as part of the person undergoing a training course as mentioned in the Weapons Act, section 2(1)(g); or (c) is actually engaged in the manufacture, assembly or handling of a weapon for or on behalf of the State, or another State or a Territory, as mentioned in the Weapons Act, section 2(1)(h); or (d) is engaged in scientific or experimental work with a weapon under an authority granted by the Minister as mentioned in the Weapons Act, section 2(1)(i); or (e) is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of a licensed dealer or an authority of a State as mentioned in the Weapons Act, section 2(1)(l); or (f) is a person to whom the commissioner of the police service granted an exemption from provisions of the Weapons Act as mentioned in the Weapons Act, section 2(1)(m); or (g) is an employee of a government service entity within the meaning of the WeaponsAct, section 2(8), and the person’s acquisition, possession or use of a weapon is part of performing functions as mentioned in the Weapons Act, section 2(2). (2) If the person is named as the respondent in a domestic violence order, the Weapons Act applies to the person for the duration of the order despite the Weapons Act, section 2. (3) Despite subsection (2), if the respondent is not present in court when the court makes the domestic violence order, the respondent can not be convicted of an offence under the Weapons Act, because of the operation of subsection (2), for an act or omission that happened before a copy of the domestic violence order is served on the respondent. 24 Matters relating to weapons (1) Before making a domestic violence order, the court must ask about—
s 25 25 s 25 Domestic and Family Violence Protection Act 1989 (a) weapons licences or weapons in the respondent’s possession; and (b) whether the respondent may access weapons as part of the respondent’s employment; and (c) whether the respondent may be a person to whom the Weapons Act does not apply; and (d) both of the following if the respondent may access a weapon as part of the respondent’s employment or because the WeaponsAct does not apply to the respondent— (i) the respondent’s employer, including the employer’s name and address; (ii) the employment arrangements relating to the weapon that the respondent may access as part of the respondent’s employment. (2) After asking about matters under subsection (1), the court may include 1 or more of the following in the domestic violence order to the extent the court considers reasonable— (a) information about any weapons licences or weapons in the respondent’s possession; (b) a statement that when the order is served on the person the Weapons Act applies to the person under section 23 of this Act, despite the Weapons Act, section 2; (c) information about weapons that the respondent had access to as part of the respondent’s employment or because the Weapons Act, before the order was made, did not apply to the respondent. (3) In this section— employment , of a respondent, includes employment by a partnership in which the respondent is a partner. 25 Court may impose other conditions (1) If a court was to have exercised a power under section 22 and did not do so, the court is taken to have done so.
s 25 26 s 25 Domestic and Family Violence Protection Act 1989 Example — If a court does not include in a domestic violence order the conditions mentioned in section 22, the order is taken to include the conditions. (2) When a court makes or varies a domestic violence order, it may also impose conditions on the respondent that the court considers— (a) necessary in the circumstances; and (b) desirable in the interests of the aggrieved, any named person and the respondent. (3) The conditions the court may impose on a respondent include, for example— (a) prohibiting stated behaviour of the respondent that would constitute an act of domestic violence against the aggrieved or an act of associated domestic violence against a named person; and (b) prohibiting the respondent from doing all or any of the following in relation to stated premises even though the respondent has a legal or equitable interest in the premises— (i) remaining at the premises; (ii) entering or attempting to enter the premises; (iii) approaching within a stated distance of the premises; and (c) prohibiting the respondent from approaching, or attempting to approach, the aggrieved or a named person, including stating in the order a distance within which an approach is prohibited; and (d) prohibiting the respondent from contacting, attempting to contact or asking someone else to contact the aggrieved or a named person, including, for example, if the aggrieved or named person has taken shelter at a refuge; and (e) prohibiting the respondent from locating, attempting to locate or asking someone else to locate the aggrieved or a named person if the aggrieved’s or named person’s whereabouts are not known to the respondent; and
s 25A 27 Domestic and Family Violence Protection Act 1989 s 25A (f) prohibiting stated conduct of the respondent towards a child of the aggrieved, including prohibiting the respondent’s presence at or in a place associated with the child. (4) In relation to property of the aggrieved, a condition may require the respondent— (a) to return the property to the aggrieved; or (b) to allow the aggrieved access to the property; or (c) to allow the aggrieved to recover the property; or (d) to do any act necessary or desirable to facilitate action mentioned in paragraphs (a) to (c). (5) The following matters are to be of paramount importance to the court when it imposes conditions on the respondent— (a) the need to protect the aggrieved and any named persons; (b) the welfare of a child of the aggrieved. (6) The court may also consider— (a) the accommodation needs of all persons affected by the proceedings; and (b) the order’s effect on a child of the aggrieved; and (c) existing orders relating to guardianship or custody of, or access to, a child of the aggrieved. (7) A condition in an order that prohibits a respondent from asking someone else to contact or to locate an aggrieved or a named person does not prohibit the respondent asking— (a) someone else who is a lawyer to contact the aggrieved or named person; or (b) someone else, including a lawyer, to locate the aggrieved or named person for a purpose authorised by an Act. 25A Orders under s 25 that include ouster condition (1) This section applies if a court makes an order under section 25 that includes an ouster condition.
s 25A 28 Domestic and Family Violence Protection Act 1989 s 25A (2) The premises that may be stated in an ouster condition of the order include— (a) premises where the aggrieved and respondent live together or previously lived together; and (b) premises where the aggrieved or a named person resides, works or frequents. (3) In imposing the ouster condition, the court must consider including in the order another condition allowing the respondent— (a) if the respondent is no longer at the premises—to return to the premises to recover stated property; or (b) if the respondent is at the premises—to remain at the premises to remove stated property. (4) For another condition under subsection (3), the court must state in the order— (a) if the respondent is present in court when the order is made— (i) the time at which, without breaching the order, the respondent may return to the premises and then must leave the premises; or (ii) for how long the respondent may, without breaching the order, continue to remain at the premises; or (b) if the respondent is not present in court when the order is made— (i) the time at which, without breaching the order, the respondent may return to the premises and must leave the premises based on the time of service of the order on the respondent; or (ii) for how long the respondent may, without breaching the order, remain at the premises based on the time of service of the order on the respondent. Example for paragraph (b)(i) — The respondent may, without breaching this order, return to the premises at noon on the day after the day this order
s 26 29 s 26 Domestic and Family Violence Protection Act 1989 is served on the respondent by a police officer. If the respondent chooses to return to the premises under the order, the respondent must leave the premises no later than 2p.m. on the same day. (5) Before the court makes an order that includes an ouster condition, or another condition under subsection (3), the court must consider each of the following— (a) the extent to which a matter mentioned in an order must be subject to the supervision of a police officer; (b) if a police officer is to supervise a matter, the need to include in the order a condition that the respondent must not approach within a stated distance of the stated premises. 26 Special condition for thing that has been used as a weapon (1) This section applies if a court is satisfied that a respondent— (a) has used, or threatened to use, a thing in committing an act of domestic violence against the aggrieved, or an act of associated domestic violence against a named person; and (b) is likely to use the thing again or carry out the threat. Examples of things — 1 an animal including a pet 2 an antique firearm, crossbow or spear gun 3 a cricket or baseball bat (2) The court may, as a condition of the domestic violence order, prohibit the respondent from possessing the thing, or a thing of the same type, for the duration of the order. (3) If the court makes an order under subsection (2), the thing is taken to be a weapon and may be dealt with under this Act and the WeaponsAct1990 as a weapon for which there is no licence. (4) The court’s power under this section does not limit its power under section 25.
s 29 30 s 31 Domestic and Family Violence Protection Act 1989 29 Domestic violence orders must include information about weapons (1) The purpose of this section is to ensure that a police officer has as much information available as is possible when the officer exercises a power under an Act to obtain or seize a weapon. (2) In making a domestic violence order, the court must specify as much information as it can about the weapons that the respondent possesses. (3) In this section— weapon includes a thing that a respondent is prohibited from possessing under section 26(2). 30 Power of court if person pleads or is found guilty of related offences (1) A court before which a person pleads guilty to, or is found guilty of, an offence that involves domestic violence may, on its own initiative, make a domestic violence order against the offender, if the court is satisfied that a protection order could be made under section 20 against the offender as the respondent. (2) If a domestic violence order is already in force, the court— (a) must consider the order and whether, in the circumstances, the order needs to be varied, including, for example, by varying the date the order ends; and (b) may vary the order if the court considers the order needs to be varied. (3) This section applies whether or not the court makes another order in respect of the offender. 31 Court may inform other entities about matters of concern (1) This section applies if— (a) a court makes a domestic violence order; and
s 33 31 s 34A Domestic and Family Violence Protection Act 1989 (b) the court considers there was domestic violence or associated domestic violence involving an adult with impaired capacity; and (c) the court considers that because of the circumstances involving, or the nature of, the domestic violence or associated domestic violence the adult guardian should be informed about the violence. (2) The court may inform the adult guardian, in writing, about the circumstances involving, or the nature of, the domestic violence or associated domestic violence. 33 Court may make domestic violence order by consent (1) A court may make a domestic violence order in a form agreed to by, or on behalf of, the aggrieved and the respondent. (2) The order may only include matters that may be dealt with under this Act. (3) This section is subject to section 60. 34 Start of domestic violence orders A domestic violence order takes effect— (a) on the day it is made; or (b) if it is made while an existing domestic violence order against the respondent for the benefit of the same aggrieved is in force—at the end of the existing order. 34A Duration of protection orders (1) Subject to subsection (2), a court may order that a protection order continues for a period no longer than 2 years. (2) If the court is satisfied that there are special reasons for doing so, the court may order that a protection order continues for a period longer than 2 years. (3) A protection order continues in force for the period ordered by the court and stated in the order unless it is revoked at an earlier time or the period of the order is varied.
s 34B 32 Domestic and Family Violence Protection Act 1989 s 34B 34B Duration of temporary protection orders (1) A temporary protection order continues in force until the first of the following happens— (a) the order is returnable before a court unless the court extends the order; (b) the order is revoked by the court. (2) Subsection (3) applies if— (a) a temporary protection order is made and has not been revoked by a court; and (b) a court makes a relevant protection order relating to the temporary protection order on the day the temporary protection order is returnable before the court. (3) If the respondent is not before the court when the court makes the relevant protection order, despite subsection (1)(a), the court may order that the temporary protection order continues in force until the respondent is served with the relevant protection order. (4) The temporary protection order continued in force under subsection (3) is binding on the respondent even though it is not served on the respondent. (5) To remove doubt, it is declared that a court may find the respondent contravened— (a) the temporary protection order continued in force under subsection (3); and (b) the relevant protection order relating to the temporary protection order to the extent the respondent contravened a condition of the protection order about which a police officer told the respondent. (6) In this section— relevant protection order , relating to a temporary protection order, means the protection order made by a court on an application for a protection order, being the application that allowed a court to make the temporary protection order.
s 35 33 s 36 Domestic and Family Violence Protection Act 1989 35 Variation of domestic violence order (1) A court may vary a domestic violence order, including— (a) the conditions imposed by the domestic violence order under section 25 or 26; or (b) the period for which the domestic violence order continues in force. (2) The application for a variation must be made while the domestic violence order is in force. (3) The court may vary a domestic violence order— (a) on an application to vary it; or (b) on an application to revoke it; or (c) on its own initiative under section 30; or (d) when dealing with a contravention of the order. (4) Before a court varies a domestic violence order, it must consider— (a) the grounds set out in the application for the protection order; and (b) the findings of the court that made the domestic violence order. 36 Revocation of orders (1) A court may revoke a domestic violence order if an application for revocation is made to the court under section 51. (2) In considering the application, the court must have regard to— (a) any expressed wishes of the aggrieved; and (b) any current contact between the aggrieved and respondent; and (c) whether any pressure has been applied, or threat has been made, to the aggrieved by the respondent or someone else for the respondent; and (d) any other relevant matter.
s 37 34 s 38 Domestic and Family Violence Protection Act 1989 (3) The court may only revoke the order if the court considers the safety of the aggrieved or a named person would not be compromised by the revocation. (4) If the court refuses to revoke the order, the court may vary the order in a way it considers does not compromise the safety of the aggrieved and a named person. (5) A revocation or variation under this section takes effect on the day it is made. 37 Commissioner must be given notices of applications to vary or revoke A court must not make an order under section 35 or 36 unless it is satisfied that the commissioner has been given a copy of the application. 38 Conferral of jurisdiction (1) Jurisdiction is conferred on— (a) every Magistrates Court and magistrate to hear and determine all applications made to it or the magistrate under this Act; and (b) every other court before which a person pleads guilty to, or is found guilty of, an offence that involves domestic violence. (2) To remove doubt, it is declared that— (a) for proceedings under this Act before a Magistrates Court or magistrate—the provisions of the Justices Act1886 apply to the proceedings unless the application of that Act is inconsistent with this Act; and (b) for proceedings under this Act in the Childrens Court constituted by a Childrens Court magistrate— (i) the provisions of the Justices Act 1886 apply to the proceedings unless the application of that Act is inconsistent with this Act or the ChildrensCourtAct 1992 ; and
s 39 35 s 39 Domestic and Family Violence Protection Act 1989 (ii) the provisions of the ChildrensCourtAct1992 apply to the proceedings unless the application of that Act is inconsistent with this Act. (3) Subsection (4) applies if— (a) an application for a protection order, or variation of a protection order, is made to a Magistrates Court; and (b) an application is made under section 62A by the aggrieved or respondent in relation to a tenancy application. (4) If the Magistrates Court considers it appropriate, it may exercise the powers and make orders that QCAT may exercise or make under— (a) the QCAT Act for a tenancy application; or (b) the Residential Tenancies and Rooming AccommodationAct 2008 for a tenancy application. (5) An order of the Magistrates Court about the tenancy application is taken to have been made under the QCAT Act for the ResidentialTenanciesandRoomingAccommodationAct 2008 . 39 Court may summons person to attend (1) A justice may, by notice given to a person, summons the person to attend the hearing of an application for a protection order at a time and place specified in the summons— (a) to give evidence; and (b) to produce any record in the person’s possession and specified in the notice. (2) A person served with a summons to attend as a witness must not fail, without reasonable excuse— (a) to attend as required by the summons; or (b) to attend from time to time in the course of the hearing as required by the court; or
s 39AA 36 Domestic and Family Violence Protection Act 1989 s 39AA (c) to produce any record that the person was required to produce by the summons served on the person. Maximum penalty—10 penalty units. (3) A person attending as a witness at a hearing must not fail— (a) to be sworn or to make an affirmation; or (b) without reasonable excuse, to answer a question that the person is required to answer by the court. Maximum penalty—10 penalty units. (4) If a person served with a summons fails to attend as mentioned in subsection (2)(a) or (b), the court may order the issue of a warrant for the person to be taken into custody by a police officer and to be brought before the court. (5) Any justice may issue a warrant for the purposes of subsection (4). (6) Subsection (4) does not limit any other powers of the court. 39AA Court may set aside a summons (1) A court may set aside a summons issued under section 39 if the court is satisfied there are sufficient grounds for setting the summons aside, including— (a) want of relevance; or (b) privilege; or (c) oppressiveness. (2) The court may act on the application of the person served with the summons or on its own initiative. (3) If a court sets aside a summons under subsection (1), the court may make an order for costs for the benefit of the person on whom the summons was served.
s 39A 37 Domestic and Family Violence Protection Act 1989 s 39C Division 2 Powers of court and magistrates to make temporary protection orders 39A Act of domestic violence necessary before particular temporary protection orders made (1) A court may make a temporary protection order against a respondent under this division, other than section 39D, only if it appears to the court, on application for a protection order, that an act of domestic violence has been committed against the aggrieved by the respondent. (2) A temporary protection order under this division need only be supported by evidence the court considers sufficient and appropriate having regard to the temporary nature of the order. 39B Form of temporary protection orders (1) A court may make a temporary protection order against a respondent in the same terms as a protection order. (2) However, the temporary protection order must state the time and place at which the order is returnable before the court. (3) A temporary protection order is a summons to the respondent directing the respondent to appear at the time and place at which the order is returnable. 39C Temporary protection order because of adjournment A court may make a temporary protection order if the court adjourns— (a) the hearing of an application for the protection order, whether the court is hearing the application under section 48 or 49; or (b) the matter of making a protection order on its own initiative as mentioned in section 53(1)(b).
s 39D 38 Domestic and Family Violence Protection Act 1989 s 39E 39D Court may make temporary protection order without proof of service in certain circumstances A court may make a temporary protection order, or vary a domestic violence order, if— (a) an application is made for a protection order or for a variation of a domestic violence order; and (b) the court does not begin to hear, or has decided not to begin to hear, the application because the applicant has not satisfied the court that the respondent has been given a document mentioned in section 49(1)(a), (b) or (c), whether or not the respondent is present in court; and (c) it appears to the court— (i) the aggrieved or a named person is in danger of personal injury; or (ii) property of the aggrieved or a named person is in danger of substantial damage. 39E Temporary protection order when cross application made (1) This section applies if— (a) an application (the original application ) for a domestic violence order has been made and is before the court; and (b) the person named in the original application as the respondent applies for a domestic violence order (the cross application ) and the aggrieved named in the original application is named in the cross application as the respondent; and (c) the cross application is made orally, or is made in writing but not served on the aggrieved named in the original application at least 1 business day before the day of the hearing of the original application. (2) If the cross application is made as mentioned in subsection (1)(c), the court must adjourn the hearing of the cross application and set a date by which the written cross application is to be served on the aggrieved named in the original application, unless that aggrieved consents to the
s 39F 39 Domestic and Family Violence Protection Act 1989 s 39G court hearing the cross application before hearing the original application or together with the original application. (3) The court may make a temporary protection order in relation to the cross application if— (a) the aggrieved named in the original application does not consent as mentioned in subsection (2); and (b) at least 1 of the following persons is in danger of personal injury, or the property of at least 1 of the following persons is in danger of substantial damage— (i) the person for whose benefit the domestic violence order, based on the cross application, is sought; (ii) another person who is sought to be protected by the domestic violence order based on the cross application. 39F Court may make temporary protection order when considering variation of domestic violence order (1) A court may make a temporary protection order if— (a) it is hearing variation proceedings about a protection order or temporary protection order and adjourns the hearing; and (b) it appears to the court the temporary protection order is necessary to protect the aggrieved or a named person pending its decision in the variation proceedings. (2) In this section— variation proceedings means proceedings— (a) for an application for variation of a protection order or temporary protection order; or (b) for varying a protection order arising because the court is acting on its own initiative under section 30 or when dealing with a contravention of the order. 39G Temporary protection order for application under s 54 (1) A magistrate to whom application is made under section 54 may make a temporary protection order against the
s 39H 40 Domestic and Family Violence Protection Act 1989 s 41 respondent if it appears to the magistrate that because of distance, time or other circumstance of the case, it is not practicable to apply to a court for a protection order and for it to be heard and decided quickly. (2) The temporary protection order under subsection (1) may be in the same terms as if the magistrate were then and there constituting a Magistrates Court. 39H Court may make temporary protection order relating to respondent being released from custody on conditions under s 71 A court may make a temporary protection order if— (a) a person is released from custody on conditions as mentioned in section 71(4); and (b) the police officer who must, under section 72(2)(b), make an application for a protection order against the person asks the court for a temporary protection order. Division 3 Registration of interstate orders 40 Application to register interstate order in Queensland (1) A person may apply to the clerk of a Magistrates Court for the registration of an interstate order. (2) The application is to be made on the appropriate approved form. 41 Clerk to obtain copies of order and proof of service (1) The clerk must be satisfied that— (a) the interstate order is in force by obtaining a certified copy of it; and (b) the order was served, or was taken to be served, on the person against whom it was made.
s 42 41 s 43 Domestic and Family Violence Protection Act 1989 (2) The clerk must try to obtain the copy and proof quickly, for example, if a facsimile machine is available, the clerk must try to obtain them by facsimile. 42 Registration of interstate order (1) This section applies if the clerk is satisfied about the matters mentioned in section 41(1). (2) Subject to subsection (3), the clerk must register the interstate order. (3) If— (a) the clerk believes it necessary to do so; or (b) the applicant asks the clerk to do so; the clerk must refer the interstate order to the Magistrates Court for adaptation or modification. (4) The court may vary the interstate order for the purposes of its registration by adapting or modifying it in a way that the court considers necessary or desirable for its effective operation in the State. (5) The clerk must register the interstate order as varied. (6) A registered interstate order is registered for the period during which the order, as originally made, is in force. (7) A regulation may prescribe the way that the clerk is to register an interstate order. 43 Duty of clerk after order is registered (1) No later than 2 business days after the registration of an interstate order, the clerk must give the applicant and the commissioner a certificate of the registration with a copy of the registered interstate order attached. (2) Notice of the registration of an interstate order is not to be given to the person against whom the order was made unless the aggrieved has consented to the notice. (3) The consent must be given in writing.
s 44 42 s 45 Domestic and Family Violence Protection Act 1989 (4) The clerk may not ask the applicant for any fee, or reimbursement for any expenses incurred, under this division. 44 Effect of registration of interstate order A registered interstate order— (a) has the same effect as a protection order made under division 1; and (b) may be enforced against a person as if it were a protection order that had been made under division 1 and personally served on the person. 45 Variation etc. of registered interstate order (1) An application may be made to a court for— (a) a variation of a registered interstate order as it applies in Queensland; or (b) a variation of the period during which a registered interstate order has effect in its operation in Queensland; or (c) the cancellation of the registration of an interstate order. (2) Any of the following persons may apply to a court for an order under subsection (1)— (a) the person who applied for the registration of the interstate order; (b) a person for whose benefit the interstate order has been made; (c) a person against whom the interstate order has been made; (d) an authorised person; (e) a police officer. (3) The court may determine the application— (a) by varying it as it applies in Queensland; or
s 46 43 s 46 Domestic and Family Violence Protection Act 1989 (b) by varying the period during which it has effect in its operation in Queensland; or (c) by cancelling the registration. 46 Applicant need not notify person against whom interstate order was made (1) An applicant under this division need not give notice of— (a) an application for registration of an interstate order; or (b) an application for variation or revocation of a registered interstate order; to the person against whom the order was originally made. (2) When an application for which notice has not been given comes before a court, the court— (a) may hear and determine the application in the absence of the person against whom the interstate order was originally made; and (b) must not refuse to hear and determine the application merely because the person against whom the interstate order was originally made has not been given notice of the application. (3) A registered interstate order that is— (a) adapted or modified under section 42(4); or (b) varied under section 45; is enforceable in Queensland without notice of the adaptation, modification or variation being given to the person against whom the interstate order was originally made. (4) This section does not prevent an applicant giving notice of the application, or an order made because of the application, to the person against whom the interstate order was originally made.
s 46A 44 Domestic and Family Violence Protection Act 1989 s 46C Division 4 Relevant orders under Family Law Act 1975 (Cwlth) and Family CourtAct 1997 (WA) 46A Definitions for div 4 In this division— family contact order means— (a) a division 11 contact order within the meaning of the Family Law Act 1975 (Cwlth), part VII; or (b) a division 10 contact order within the meaning of the Family Court Act 1997(WA), section 174. relevant family contact order means a family contact order that relates to access— (a) between the aggrieved and a named person; or (b) between the respondent and either a child of the respondent or a child of the aggrieved. 46B Disclosure of existence of relevant family protection order (1) A person who applies to a court for a domestic violence order, or for the revocation or variation of a domestic violence order, and is aware of either of the following must inform the court about the order or application— (a) a relevant family contact order; (b) a pending application for a relevant family contact order. (2) However, the application is not invalid merely because the person does not inform the court about the order or application. 46C Court to consider relevant family contact order etc. (1) Before deciding about making, revoking or varying a domestic violence order, the court must— (a) consider whether contact between the aggrieved, or between the respondent, and any child of either of those
s 47 45 s 47 Domestic and Family Violence Protection Act 1989 persons is relevant to making, revoking or varying the order; and (b) have regard to any relevant family contact order, or pending application for a relevant family contact order, of which the court has been informed. (2) However, a domestic violence order, or a revocation or variation of an order, is not invalid merely because the court does not comply with subsection (1). Part 4 Procedural provisions Division 1 Procedures to be followed by court on applications for protection orders 47 Service of application on respondent may be accompanied by summons (1) On application made for a protection order, a clerk of the court or a justice may, subject to subsections (2) and (3), issue a summons directing the respondent to appear at the time and place set out in the summons with a view to the respondent being heard on the matter. (2) The clerk need not issue a summons under subsection (1) if the applicant asks the clerk to arrange for the application to be heard by the court for the purpose of the court making a temporary protection order. (3) If the court refuses to make the temporary protection order and the applicant does not withdraw the application, the clerk must issue the summons. (4) The clerk of the court must give 2 copies of the application and any summons to the police officer in charge of the police division in which the respondent ordinarily resides or was last known to reside.
s 48 46 s 48 Domestic and Family Violence Protection Act 1989 (5) The officer must cause the application and any summons to be served on the respondent. (6) If the applicant is not the aggrieved, the applicant must serve the aggrieved with a copy of the application and notice of the time and place that the application is to be heard. (7) A justice may issue a summons under subsection (1) only if the justice knows that a Magistrates Court is sitting at the time and place that the justice specifies in the summons for when it is returnable. (8) A summons under this section need not be issued if a police officer who makes an application for a protection order, issues and serves on the respondent a notice in the form of a notice to appear under the Police Powers and Responsibilities Act 2000. (9) A notice mentioned in subsection (8)— (a) need not state an alleged offence as required under the Police Powers and Responsibilities Act 2000 ; and (b) is taken, for section 49, to be a summons. 48 Appearance of respondent (1) This section applies if a respondent appears before the court that is to hear and determine the matter of an application for a protection order. (2) The court— (a) may hear and determine the application; or (b) may adjourn the matter of the application (whether or not it makes a temporary protection order); or (c) subject to subsection (3), may dismiss the application. (3) The court may not dismiss an application unless— (a) the applicant has not appeared and, if the applicant was a police officer, no other police officer or Crown prosecutor requests an adjournment; and (b) no other person eligible to apply appears. (4) The dismissal of the application does not affect the right of the applicant to make a further application against the respondent.
s 49 47 s 50 Domestic and Family Violence Protection Act 1989 (5) The appearance of the respondent is evidence that the respondent has been served. 49 Non-appearance of respondent (1) This section applies if a respondent fails to appear before the court that is to hear and determine the matter of the application for a protection order and the court is satisfied that the respondent has been given the documents mentioned in any of the following paragraphs— (a) a copy of the application and any summons issued under section 47; (b) a copy of the application and the temporary protection order made because of the application; (c) a copy of the application and a copy of the conditions on which the person was released from the holding cell or watch-house under section 71 that set out the time and place for the hearing of the application. (2) The court may— (a) proceed to hear and determine the matter of the application in the absence of the respondent; or (b) adjourn the matter of the application (whether or not it makes a temporary protection order); or (c) subject to section 59(1), order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court. (3) Any justice may issue a warrant for the purposes of subsection (2)(c). 50 Court to ensure respondents and aggrieveds understand domestic violence orders (1) If a person is before a court that is about to make a domestic violence order for which the person is the respondent, the court must ensure the respondent understands the following— (a) the purpose, terms and effect of the proposed order, including, for example, that—
s 50 48 s 50 Domestic and Family Violence Protection Act 1989 (i) the order may be enforceable in other States, Territories and New Zealand without further notice to the respondent; and (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the WeaponsAct, section 10(3), the licence or endorsement as the body’s representative is dealt with by the Weapons Act, section 27A or 28A; (b) what may follow if the respondent does not comply with the terms of the proposed order; (c) that the respondent may apply for revocation or variation of the order. (2) If a person is before a court that is about to make a domestic violence order for which the person is the aggrieved, the court must ensure the aggrieved understands the following— (a) the purpose, terms and effect of the proposed order, including, for example, that the order may be enforceable in other States, Territories and New Zealand; (b) that the aggrieved may apply for revocation or variation of the order. (3) The process that a court adopts to ensure a respondent understands the matters mentioned in subsection (1), or an aggrieved understands the matters mentioned in subsection (2), may include using services of, or help from, other people to the extent the court considers appropriate. Examples of services or help the court may consider appropriate — 1 The court may arrange for the clerk or a public service employee at the court, to explain the order to an aggrieved or respondent. 2 A local interpreter or the telephone interpreter service may be used to explain the order to an aggrieved or respondent. 3 Explanatory notes prepared for aggrieveds or respondents, including non-English speakers, may be given to an aggrieved or respondent. 4 The court may arrange with a community government under the LocalGovernment(CommunityGovernmentAreas)Act2004 , indigenous regional council under the Local Government Act 2009 , community justice group or group of elders for someone to explain the order to an aggrieved or respondent.
s 51 49 s 51 Domestic and Family Violence Protection Act 1989 (4) Failure to comply with this section does not affect the validity of the domestic violence order. 51 Application for revocation or variation (1) This section applies to an application for— (a) revocation of a domestic violence order; or (b) variation of a domestic violence order (including conditions imposed by the order). (2) The application may be made to a court by— (a) the aggrieved; or (b) the respondent; or (c) an authorised person; or (d) a police officer who reasonably believes that it is for the benefit of the aggrieved and there is sufficient reason for taking the action. (3) The application must be made on the approved form. (4) Where an application under subsection (1) is made, the person who makes the application shall cause a copy of the application and a notification of the time and place at which the application is to be heard— (a) to be served on each person, being the aggrieved or the respondent, other than the person who makes the application; and (b) to be given to the commissioner. (4A) The clerk must cause service to be effected by a police officer on the respondent, as required under subsection (4)(a), if the application— (a) is made by an aggrieved or named person; and (b) seeks a variation of the domestic violence order to extend the protection given to the aggrieved or named person, to extend the period or scope of the order or to add a condition to the order. (5) If it appears to a court to which application is made under subsection (1) that it is not reasonably practicable to effect
90 Domestic and Family Violence Protection Act 1989 Division 1—Powers of courts to make domestic violence orders div hdg ins 1992 No. 46 s 7 Power of court to make order to protect person with a domestic relationship against domestic violence prov hdg amd 2002 No. 6 s 17(1) s 20 sub 1992 No. 46 s 7 amd 2002 No. 6 s 17(2)–(5) Power of court to make orders to protect relatives or associates of aggrieved against violence etc. prov hdg amd 2002 No. 6 s 18(1) s 21 ins 1992 No. 46 s 7 amd 2002 No. 6 s 18(2)–(3) Protection order must include standard condition to be of good behaviour etc. s 22 ins 1992 No. 46 s 7 amd 2002 No. 6 s 3 sch 1; 2008 No. 59 s 47 Weapons Act to apply to respondents otherwise exempt s 23 ins 1992 No. 46 s 7 amd 1999 No. 56 s 3 sch sub 2002 No. 6 s 19 Action by court if respondent spouse has access to weapons through employment s 23A ins 1999 No. 56 s 9 amd 2000 No. 46 s 3 sch om 2002 No. 6 s 19 Matters relating to weapons s 24 ins 1992 No. 46 s 7 amd 1999 No. 56 s 10 sub 2002 No. 6 s 19 Court may impose other conditions s 25 sub 1992 No. 46 s 7 amd 1999 No. 56 s 11; 2002 No. 6 s 3 sch 1 Orders under s 25 that include ouster condition s 25A ins 1999 No. 56 s 12 amd 2002 No. 6 s 3 sch 1 Special condition for thing that has been used as a weapon s 26 ins 1992 No. 46 s 7 amd 2002 No. 6 s 20 No weapons licence for duration of domestic violence order s 27 ins 1992 No. 46 s 7 om 2002 No. 6 s 21 Court may allow respondent spouse to possess weapons in limited circumstances s 28 ins 1992 No. 46 s 7 om 2002 No. 6 s 21
91 Domestic and Family Violence Protection Act 1989 Domestic violence orders must include information about weapons s 29 ins 1992 No. 46 s 7 amd 2002 No. 6 s 22 Power of court if person pleads or is found guilty of related offences prov hdg amd 2002 No. 6 s 3 sch 1 s 30 sub 1992 No. 46 s 7 amd 1999 No. 56 s 13; 2002 No. 6 s 3 sch 1 Court may inform other entities about matters of concern s 31 prev s 31 sub 1992 No. 46 s 7 om 1999 No. 56 s 14 pres s 31 ins 2002 No. 6 s 23 Court may make temporary protection order without proof of service in certain circumstances s 32 ins 1992 No. 46 s 7 om 1999 No. 56 s 14 Court may make domestic violence order by consent s 33 sub 1992 No. 46 s 7 amd 2002 No. 6 s 3 sch 1 Start of domestic violence orders s 34 sub 1992 No. 46 s 7; 2002 No. 6 s 24 Duration of protection orders s 34A ins 2002 No. 6 s 24 Duration of temporary protection orders s 34B ins 2002 No. 6 s 24 Variation of domestic violence order s 35 sub 1992 No. 46 s 7 Revocation of orders s 36 ins 1992 No. 46 s 7 sub 1999 No. 56 s 15 amd 2002 No. 6 s 3 sch 1 Commissioner must be given notices of applications to vary or revoke prov hdg amd 1999 No. 56 s 3 sch s 37 ins 1992 No. 46 s 7 amd 1999 No. 56 s 3 sch Conferral of jurisdiction s 38 sub 1992 No. 46 s 7 amd 1999 No. 56 s 16; 2002 No. 6 s 3 sch 1; 2008 No. 73 s 554 sch 1; 2009 No. 24 s 75 Court may summons person to attend s 39 ins 1992 No. 46 s 7 Court may set aside a summons s 39AA ins 2002 No. 6 s 25
92 Domestic and Family Violence Protection Act 1989 Division 2—Powers of court and magistrates to make temporary protection orders div hdg ins 1992 No. 46 s 7 sub 1999 No. 56 s 17 Act of domestic violence necessary before particular temporary protection orders made s 39A ins 1999 No. 56 s 17 amd 2002 No. 6 s 3 sch 1 Form of temporary protection orders s 39B ins 1999 No. 56 s 17 amd 2002 No. 6 s 3 sch 1 Temporary protection order because of adjournment s 39C ins 1999 No. 56 s 17 Court may make temporary protection order without proof of service in certain circumstances s 39D ins 1999 No. 56 s 17 amd 2002 No. 6 s 3 sch 1 Temporary protection order when cross application made s 39E ins 1999 No. 56 s 17 amd 2002 No. 6 s 3 sch 1 Court may make temporary protection order when considering variation of domestic violence order s 39F ins 1999 No. 56 s 17 amd 2002 No. 6 s 3 sch 1 Temporary protection order for application under s 54 s 39G ins 1999 No. 56 s 17 amd 2002 No. 6 s 3 sch 1 Court may make temporary protection order relating to respondent being released from custody on conditions under s 71 s 39H ins 2002 No. 6 s 26 Division 3—Registration of interstate orders div hdg ins 1999 No. 56 s 17 Application to register interstate order in Queensland s 40 ins 1992 No. 46 s 7 Clerk to obtain copies of order and proof of service s 41 ins 1992 No. 46 s 7 Registration of interstate order s 42 ins 1992 No. 46 s 7 Duty of clerk after order is registered s 43 ins 1992 No. 46 s 7 amd 1999 No. 56 s 3 sch; 2002 No. 6 s 3 sch 1
93 Domestic and Family Violence Protection Act 1989 Effect of registration of interstate order s 44 ins 1992 No. 46 s 7 amd 1999 No. 56 s 3 sch Variation etc. of registered interstate order s 45 ins 1992 No. 46 s 7 Applicant need not notify person against whom interstate order was made prov hdg amd 1999 No. 56 s 3 sch s 46 ins 1992 No. 46 s 7 amd 1999 No. 56 s 3 sch Division 4—Relevant orders under Family Law Act 1975 (Cwlth) and Family CourtAct 1997 (WA) div hdg ins 1999 No. 56 s 18 Definitions for div 4 s 46A ins 1999 No. 56 s 18 def “relevant family contact order” amd 2002 No. 6 s 3 sch 1 Disclosure of existence of relevant family protection order s 46B ins 1999 No. 56 s 18 Court to consider relevant family contact order etc. s 46C ins 1999 No. 56 s 18 amd 2002 No. 6 s 3 sch 1 PART 4—PROCEDURAL PROVISIONS Division 1—Procedures to be followed by court on applications for protection orders div hdg ins 1992 No. 46 s 8 Service of application on respondent may be accompanied by summons prov hdg amd 2002 No. 6 s 3 sch 1 s 47 sub 1992 No. 46 s 8 amd 2002 No. 6 s 3 sch 1; 2006 No. 26 s 98 Appearance of respondent prov hdg amd 2002 No. 6 s 3 sch 1 s 48 ins 1992 No. 46 s 8 amd 2002 No. 6 s 3 sch 1 Non-appearance of respondent prov hdg amd 2002 No. 6 s 3 sch 1 s 49 sub 1992 No. 46 s 8 amd 2002 No. 6 s 3 sch 1; 2006 No. 26 s 99 Court to ensure respondents and aggrieveds understand domestic violence orders prov hdg amd 2002 No. 6 s 27(1) s 50 ins 1992 No. 46 s 8 sub 1999 No. 56 s 19 amd 2002 No. 6 s 27(2)–(6); 2004 No. 37 s 86 sch 1; 2007 No. 59 s 152 sch; 2009 No. 17 s 331 sch 1 Application for revocation or variation s 51 amd 1992 No. 46 s 9, sch; 1999 No. 56 ss 20, 3 sch; 2002 No. 6 s 3 sch 1
94 Domestic and Family Violence Protection Act 1989 Duty of clerk of court to give certain notices to commissioner prov hdg amd 1999 No. 56 s 3 sch s 52 prev s 52 ins 1992 No. 46 s 33 om R1 (see RA s 40) pres s 52 ins 1992 No. 46 s 10 amd 1999 No. 56 s 3 sch Procedure if person found guilty etc. of related offence prov hdg amd 2002 No. 6 s 3 sch 1 s 53 sub 1992 No. 46 s 11 amd 1999 No. 56 s 3 sch Division 2—Police may apply for temporary protection order in certain circumstances div hdg ins 1992 No. 46 s 11 Applications by telephone, facsimile etc. s 54 sub 1992 No. 46 s 11 amd 1999 No. 56 s 21; 2002 No. 6 s 28 Duty of magistrate upon application under s 54 s 55 amd 1992 No. 46 sch; 1999 No. 56 s 3 sch; 2002 No. 6 s 3 sch 1 Duty of police officer for s 54 order prov hdg amd 2002 No. 6 s 3 sch 1 s 56 amd 1992 No. 46 sch; 2002 No. 6 s 3 sch 1 Return date of temporary protection order s 57 sub 1992 No. 46 s 12 amd 1999 No. 56 s 22 Division 3—Other procedural provisions div hdg ins 1999 No. 56 s 23 Service of court orders s 58 amd 1992 No. 46 s 13, sch; 1999 No. 56 s 24; 2002 No. 6 s 3 sch 1; 2004 No. 53 s 2 sch Provisions concerning warrants s 59 amd 1992 No. 46 s 14, sch; 2002 No. 6 s 3 sch 1 Police officer or authorised person may represent aggrieved prov hdg amd 2002 No. 6 s 3 sch 1 s 60 sub 1992 No. 46 s 15 amd 1999 No. 56 s 25; 2002 No. 6 s 3 sch 1 Court may not award costs except if application malicious etc. s 61 sub 1992 No. 46 s 15 Concurrent and other proceedings prov hdg sub 1992 No. 46 s 16 s 62 amd 1992 No. 46 s 16, sch; 2002 No. 6 s 3 sch 1 Procedural provisions for tenancy application s 62A ins 1999 No. 56 s 26 amd 2002 No. 6 s 3 sch 1; 2008 No. 73 s 554 sch 1; 2009 No. 24 s 76
95 Domestic and Family Violence Protection Act 1989 PART 5—APPEALS Appeals s 63 amd 1992 No. 46 s 17; 1999 No. 19 s 3 sch; 2002 No. 6 s 3 sch 1 Institution of appeal s 64 amd 1992 No. 46 s 18, sch; 1999 No. 19 s 3 sch; 1999 No. 56 s 3 sch; 2002 No. 6 s 3 sch 1 Commissioner has right to appear and be heard on appeal s 64A ins 1999 No. 56 s 27 Nature of appeal s 65 amd 1992 No. 46 s 19; 1999 No. 19 s 3 sch; 2002 No. 6 s 3 sch 1 Decision on appeal s 66 amd 1999 No. 19 s 3 sch; 2002 No. 6 s 3 sch 1 PART 6—POLICE FUNCTIONS AND POWERS pt hdg sub 1992 No. 46 s 20 Police action relating to domestic violence prov hdg amd 2002 No. 6 s 3 sch 1 s 67 amd 1992 No. 46 sch sub 1993 No. 76 s 3 sch 1 amd 2002 No. 6 s 3 sch 1 Police officer may require person to provide identification s 68 ins 1992 No. 46 s 21 amd 1993 No. 76 s 3 sch 1 om 2000 No. 5 s 461 sch 3 Presence at domestic violence incident s 69 sub 1992 No. 46 s 21 amd 1993 No. 76 s 3 sch 1; 1999 No. 56 s 28; 2002 No. 6 s 3 sch 1; 2006 No. 26 s 100 Duty of police officer who has taken a person into custody under s 69 s 70 ins 1992 No. 46 s 21 amd 1999 No. 56 s 29; 2000 No. 5 s 461 sch 3 (amd 2000 No. 22 s 28(3)) sub 2006 No. 26 s 101 Police officer must apply for protection order etc. s 71 ins 1992 No. 46 s 21 amd 1999 No. 56 s 3 sch; 2002 No. 6 s 3 sch 1; 2006 No. 26 s 102 Duty of police officers to apply for protection order in certain circumstances s 72 ins 1992 No. 46 s 21 amd 2002 No. 6 s 29 Entry on and search of premises s 73 amd 1992 No. 46 s 22, sch; 1999 No. 56 s 30 om 2000 No. 5 s 461 sch 3
96 Domestic and Family Violence Protection Act 1989 Police actions after protection order is made s 74 ins 1992 No. 46 s 23 amd 1999 No. 56 s 3 sch; 2000 No. 5 s 461 sch 3 om 2002 No. 6 s 30 Entry of registers prov hdg amd 2000 No. 5 s 461 sch 3 s 75 amd 1992 No. 46 s 24, sch; 1993 No. 76 s 3 sch 1; 1999 No. 56 s 31; 2000 No. 5 s 461 sch 3; 2002 No. 6 s 3 sch 1; 2006 No. 26 s 103 When police officer to give receipt for weapons licence or weapon s 75A ins 1999 No. 56 s 31A amd 2000 No. 5 s 461 sch 3 (amd 2000 No. 22 s 3 sch) om 2002 No. 6 s 31 Disposal of seized items s 76 sub 1992 No. 46 s 25 amd 1993 No. 76 s 3 sch 1; 1999 No. 56 s 3 sch om 2000 No. 5 s 461 sch 3 Arrest of certain offenders s 77 amd 1992 No. 46 s 26, sch om 2000 No. 5 s 461 sch 3 Acting in aid of police powers s 78 amd 1992 No. 46 sch; 2002 No. 6 s 3 sch 1 Part not to limit part 4 of Weapons Act 1990 s 79 ins 1992 No. 46 s 27 om 2000 No. 5 s 461 sch 3 PART 7—MISCELLANEOUS PROVISIONS Breach of order or conditions s 80 amd 1992 No. 46 s 28, sch; 1993 No. 76 s 3 sch 1; 1999 No. 56 s 32; 2002 No. 6 ss 31A, 3 sch 1 Courts to be closed s 81 ins 1992 No. 46 s 29 amd 2002 No. 6 s 32 Child not to be witness or swear affidavit s 81A ins 2002 No. 6 s 33 Restriction on publication of proceedings s 82 amd 1992 No. 46 s 30, sch; 1993 No. 76 s 3 sch 1; 1999 No. 56 s 33; 2002 No. 6 s 3 sch 1 Prosecution of proceedings s 83 amd 1992 No. 46 sch Evidentiary provision s 84 amd 1992 No. 46 s 31, sch; 2002 No. 6 s 3 sch 1 Service etc. of documents s 85 amd 1992 No. 46 s 32; 2002 No. 6 s 3 sch 1
97 Domestic and Family Violence Protection Act 1989 Exclusion of right to compensation—liability at law s 86 amd 1992 No. 46 sch Approved forms s 87 sub 1992 No. 46 s 33; 1999 No. 56 s 34 amd 2002 No. 6 s 34 Clerks to ensure forms are readily available s 88 ins 1992 No. 46 s 33 om 1999 No. 56 s 34 Regulation-making power prov hdg amd 2002 No. 6 s 35(1) s 89 ins 1992 No. 46 s 33 amd 2002 No. 6 s 35(2)–(3) PART 8—TRANSITIONAL pt hdg ins 1992 No. 46 s 33 Division 1—Transitional provisions for DomesticViolence(FamilyProtection)Amendment Act 1992 div hdg ins 1999 No. 56 s 35 Interpretation s 90 ins 1992 No. 46 s 33 amd 1999 No. 56 s 3 sch Instruments, documents, decisions and orders to continue with certain changes s 91 ins 1992 No. 46 s 33 Certain orders under old Act to be acted on by police s 92 ins 1992 No. 46 s 33 om 2000 No. 5 s 461 sch 3 Higher courts may deal with pending matters s 93 ins 1992 No. 46 s 33 amd 1999 No. 19 s 3 sch Standard conditions not part of orders under old Act s 94 ins 1992 No. 46 s 33 Disposal of weapons seized under old Act s 95 ins 1992 No. 46 s 33 Division 2—Transitional provisions for DomesticViolence(FamilyProtection)Amendment Act 1999 div hdg ins 1999 No. 56 s 36 Temporary protection orders to continue to have effect s 96 ins 1999 No. 56 s 36 Division 3—Transitional provisions for Domestic Violence Legislation AmendmentAct 2002 div hdg ins 2002 No. 6 s 36 Definitions for div 3 s 97 ins 2002 No. 6 s 36
98 Domestic and Family Violence Protection Act 1989 New Act to the extent it relates to intimate personal, family or informal care relationships does not apply to domestic violence etc. committed only before the commencement s 98 ins 2002 No. 6 s 36 Revocations and suspensions of weapons licence before commencement and retention of weapons for earning a livelihood s 99 ins 2002 No. 6 s 36 References to terms in old Act to be read as references in new Act s 100 ins 2002 No. 6 s 36 SCHEDULE—DICTIONARY ins 2002 No. 6 s 36 Note—definitions for this Act were originally located in prev s 3. Annotations for definitions contained in prev s 3 are located in annotations for the schedule. def “adult guardian” ins 2002 No. 6 s 36 def “aggrieved” ins 2002 No. 6 s 36 def “aggrieved person” om from prev s 3 2002 No. 6 s 6 def “aggrieved spouse” om from prev s 3 2002 No. 6 s 6 def “appropriate police officer” ins 2006 No. 26 s 104 def “approved form” amd 1999 No. 56 s 4(3) sub 2002 No. 6 ss 6, 36 def “associate” sub 2002 No. 6 ss 6, 36 def “associated domestic violence” sub 2002 No. 6 ss 6, 36 def “authorised person” sub 2002 No. 6 ss 6, 36 def “child” amd 1999 No. 56 s 4(4)–(5) sub 2002 No. 6 ss 6, 36 def “child” , of an aggrieved, ins 2002 No. 6 s 36 def “child” , of a respondent, ins 2002 No. 6 s 36 def “Childrens Court” ins 2002 No. 6 s 36 def “Childrens Court magistrate” ins 2002 No. 6 s 36 def “clerk” amd 1999 No. 19 s 3 sch sub 2002 No. 6 ss 6, 36 amd 2004 No. 53 s 2 sch def “commissioner” ins 1999 No. 56 s 4(2) sub 2002 No. 6 ss 6, 36 def “court” sub 2002 No. 6 ss 6, 36 def “damage” sub 2002 No. 6 ss 6, 36 def “domestic violence” sub 2002 No. 6 ss 6, 36 def “domestic violence order” sub 2002 No. 6 ss 6, 36 def “effective individual within the employing entity” ins 1999 No. 56 s 4(2) om from prev s 3 2002 No. 6 s 6 def “employment” ins 1999 No. 56 s 4(2) om from prev s 3 2002 No. 6 s 6 def “family relationship” ins 2002 No. 6 s 36 def “holding cell” ins 2006 No. 26 s 104 amd 2007 No. 1 s 10(2) def “informal care relationship” ins 2002 No. 6 s 36
99 Domestic and Family Violence Protection Act 1989 def “interstate order” amd 1999 No. 56 s 4(6)–(7) sub 2002 No. 6 ss 6, 36 def “intimate personal relationship” ins 2002 No. 6 s 36 def “justice” sub 2002 No. 6 ss 6, 36 def “licensed armourer” ins 1999 No. 56 s 4(2) om from prev s 3 2002 No. 6 s 6 def “licensed dealer” ins 1999 No. 56 s 4(2) om from prev s 3 2002 No. 6 s 6 def “Magistrates Court” sub 2002 No. 6 ss 6, 36 def “named person” ins 2002 No. 6 s 36 def “officer-in-charge” ins 2007 No. 1 s 10(1) def “otherwise surrender” ins 1999 No. 56 s 4(2) om from prev s 3 2002 No. 6 s 6 def “ouster condition” ins 1999 No. 56 s 4(2) sub 2002 No. 6 ss 6, 36 def “possession” sub 2002 No. 6 ss 6, 36 def “premises” sub 2002 No. 6 ss 6, 36 def “property” sub 2002 No. 6 ss 6, 36 def “protection order” sub 2002 No. 6 ss 6, 36 def “registered interstate order” sub 2002 No. 6 ss 6, 36 def “relative” sub 2002 No. 6 ss 6, 36 def “respondent” ins 2002 No. 6 s 36 def “respondent spouse” om from prev s 3 2002 No. 6 s 6 def “small claims tribunal” ins 1999 No. 56 s 4(2) sub 2002 No. 6 ss 6, 36 om 2009 No. 24 s 77(1) def “spousal relationship” ins 2002 No. 6 s 36 def “spouse” sub 2002 No. 6 ss 6, 36 amd 2002 No. 74 s 90 sch def “temporary protection order” sub 2002 No. 6 ss 6, 36 def “tenancy application” ins 1999 No. 56 s 4(2) sub 2002 No. 6 ss 6, 36 amd 2008 No. 73 s 554 sch 1; 2009 No. 24 s 77(2) def “variation” ins 1999 No. 56 s 4(2) sub 2002 No. 6 ss 6, 36 def “watch-house manager” ins 2000 No. 5 s 461 sch 3 sub 2002 No. 6 ss 6, 36 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86) def “weapon” sub 2002 No. 6 ss 6, 36 def “Weapons Act” ins 2002 No. 6 s 36 def “weapons licence” sub 2002 No. 6 ss 6, 36 def “whereabouts” ins 1999 No. 56 s 4(2) sub 2002 No. 6 ss 6, 36
100 Domestic and Family Violence Protection Act 1989 8 List of forms notified or published in the gazette (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Form 1 Version 4—Application for a Protection Order pubd gaz 28 February 2003 pp 767–8 Form DV2 Version 4—Temporary Protection Order pubd gaz 19 March 2010 p 668 Form DV3 Version 4—Protection Order pubd gaz 19 March 2010 p 668 Form DV4A Version 2—Revocation Of A Domestic Violence Order pubd gaz 19 March 2010 p 668 Form DV4B Version 3—Variation To A Domestic Violence Order pubd gaz 19 March 2010 p 668 Form 5 Version 3—Application to Revoke or Vary a Domestic Violence Order pubd gaz 28 February 2003 pp 767–8 Form 6 Version 3—Temporary Protection Order Section 54 Application pubd gaz 28 February 2003 pp 767–8 Form 7 Version 3—Temporary Protection Order pubd gaz 28 February 2003 pp 767–8 Form 8 Version 3—Application for Registration in Queensland of an Interstate Domestic Violence Order pubd gaz 28 February 2003 pp 767–8 Form 9 Version 3—Notice of Registration of an Interstate Domestic Violence Order pubd gaz 28 February 2003 pp 767–8 Form 10 Version 3—Notice of Appeal pubd gaz 28 February 2003 pp 767–8 Form 11 Version 3—Release from Custody pubd gaz 28 February 2003 pp 767–8 Form 12 Version 3—Summons of a Witness pubd gaz 28 February 2003 pp 767–8 Form 13 Version 3—Warrant pubd gaz 28 February 2003 pp 767–8 Form 14 Version 1—Notice to Appear pubd gaz 9 March 2007 p 1103
101 Domestic and Family Violence Protection Act 1989 9 Table of renumbered provisions under the Reprints Act 1992 s 43 as required by the Domestic and Family ViolenceProtection Act 1989 s 52 [Reprint No. 1] Previous Renumbered as 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 3EA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 pt 1A hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 2 hdg 3F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 3G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 3H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 3I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 3J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 3K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 3L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 3M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 3N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 3O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 pt 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 3 hdg 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 5D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 10B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 12C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 12D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44
102 Domestic and Family Violence Protection Act 1989 Previous Renumbered as 12E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 12F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 pt III hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 4 hdg 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 15(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51(2) 15(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51(3) 15(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51(4) 15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51(5) 15(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51(6) 15(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51(7) 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 21(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58(2) 21(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58(3) 21(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58(4) 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 pt IV hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 5 hdg 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 26(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63(2) 26(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63(3) 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 29(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .66(2) 29(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66(3) 29(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66(4) 29(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66(5) pt 5 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 6 hdg 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 31B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 31C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74
103 Domestic and Family Violence Protection Act 1989 Previous Renumbered as 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 33(2), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .75(3) 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 35(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77(2) 35(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77(3) 35(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77(4) 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 pt VI hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 7 hdg 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 37(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80(2) 37(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80(3) 37(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80(4) 37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 41(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85(4) 41(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85(5) 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 pt 7 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 8 hdg 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 © State of Queensland 2010
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