Domestic and Family Violence Protection Act 2012 (Qld)

Domestic and Family Violence Protection Act 2012

An Act to provide for protection of a person against violence committed or threatened by someone else if a relevant relationship exists between the persons

Preamble

In enacting this Act, the Parliament of Queensland recognises the following—

1Australia is a party to the following instruments—

•Universal Declaration of Human Rights

•United Nations Declaration on the Elimination of Violence Against Women

•United Nations Convention on the Rights of the Child

•United Nations Principles for Older Persons.

2Living free from violence is a human right and fundamental social value.

3Domestic violence is a violation of human rights that is not acceptable in any community or culture and traditional or cultural practices can not be relied upon to minimise or excuse domestic violence.

4Domestic violence is often an overt or subtle expression of a power imbalance, resulting in one person living in fear of another, and usually involves an ongoing pattern of abuse over a period of time.

5Domestic violence can have serious impacts on people who experience it, including physical, emotional and psychological harm, and can result in death.

6Perpetrators of domestic violence are solely responsible for their use of violence and its impacts on other people.

7Domestic violence is most often perpetrated by men against women with whom they are in an intimate partner relationship and their children; however, anyone can be a victim or perpetrator of domestic violence.

8Domestic violence is a leading cause of homelessness for women and children.

9Children who are exposed to domestic violence can experience serious physical, psychological and emotional harm.

10Behaviour that constitutes domestic violence can also constitute a criminal offence.

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Domestic and Family Violence Protection Act 2012.

2   Commencement

This Act commences on 17 September 2012.

Division 2 Main objects

3   Main objects

(1)The main objects of this Act are—

(a)to maximise the safety, protection and wellbeing of people who fear or experience domestic violence, and to minimise disruption to their lives; and

(b)to prevent or reduce domestic violence and the exposure of children to domestic violence; and

(c)to ensure that people who commit domestic violence are held accountable for their actions.

(2)The objects are to be achieved mainly by—

(a)allowing a court to make a domestic violence order to provide protection against further domestic violence; and

(b)giving police particular powers to respond to domestic violence, including the power to issue a police protection notice; and

(c)imposing consequences for contravening a domestic violence order or police protection notice, in particular, liability for the commission of an offence.

4   Principles for administering Act

(1)This Act is to be administered under the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount.

(2)Subject to subsection (1), this Act is also to be administered under the following principles—

(a)people who fear or experience domestic violence, including children, should be treated with respect and disruption to their lives should be minimised;

(b)to the extent that it is appropriate and practicable, the views and wishes of people who fear or experience domestic violence should be sought before a decision affecting them is made under this Act;

(c)perpetrators of domestic violence should be held accountable for their use of violence and its impact on other people and, if possible, provided with an opportunity to change;

(d)if people have characteristics that may make them particularly vulnerable to domestic violence, any response to the domestic violence should take account of those characteristics;

Examples of people who may be particularly vulnerable to domestic violence—

•women

•children

•Aboriginal peoples and Torres Strait Islander peoples

•people from a culturally or linguistically diverse background

•people with disability

•people who are lesbian, gay, bisexual, transgender or intersex

•elderly people

(e)in circumstances in which there are conflicting allegations of domestic violence or indications that both persons in a relationship are committing acts of violence, including for their self-protection—

(i)the person who is most in need of protection in the relationship should be identified; and

(ii)only 1 domestic violence order protecting that person should be in force unless, in exceptional circumstances, there is clear evidence that each of the persons in the relationship is in need of protection from the other;

(f)a civil response under this Act should operate in conjunction with, not instead of, the criminal law.

Division 3 Interpretation

5   Dictionary

The dictionary in the schedule defines particular words used in this Act.

6   Meaning of court

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—the magistrate; or

(c)if a court convicts a person of a domestic violence offence—the court that convicts the person; or

(d)if the Childrens Court is hearing a child protection proceeding—the Childrens Court.

Part 2    Operation of Act

Division 1 Preliminary

7   Purpose of this part

(1)This part explains how domestic violence is dealt with under this Act, including setting out some of the ideas that are important for an understanding of this Act.

(2)In particular, this part defines particular words used in this Act, including, for example, what is domestic violence and the relationships that are protected by this Act.

Division 2 Domestic violence

8   Meaning of domestic violence

(1)Domestic violence means behaviour, or a pattern of behaviour, by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that—

(a)is physically or sexually abusive; or

(b)is emotionally or psychologically abusive; or

(c)is economically abusive; or

(d)is threatening; or

(e)is coercive; or

(f)in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.

(2)Behaviour, or a pattern of behaviour, mentioned in subsection (1)—

(a)may occur over a period of time; and

(b)may be more than 1 act, or a series of acts, that when considered cumulatively is abusive, threatening, coercive or causes fear in a way mentioned in that subsection; and

(c)is to be considered in the context of the relationship between the first person and the second person as a whole.

(3)Without limiting subsection (1) or (2), domestic violence includes the following behaviour—

(a)causing personal injury to a person or threatening to do so;

(b)coercing a person to engage in sexual activity or attempting to do so;

(c)damaging a person’s property or threatening to do so;

(d)depriving a person of the person’s liberty or threatening to do so;

(e)threatening a person with the death or injury of the person, a child of the person, or someone else;

(f)threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;

(g)causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person;

(h)unauthorised surveillance of a person;

(i)unlawfully stalking, intimidating, harassing or abusing a person.

(4)A person who counsels or procures someone else to engage in behaviour that, if engaged in by the person, would be domestic violence is taken to have committed domestic violence.

(5)To remove any doubt, it is declared that, for behaviour mentioned in subsection (3) that may constitute a criminal offence, a court may make an order under this Act on the basis that the behaviour is domestic violence even if the behaviour is not proved beyond a reasonable doubt.

(6)In this section—

coerce, a person, means compel or force a person to do, or refrain from doing, something.

unauthorised surveillance, of a person, means the unreasonable monitoring or tracking of the person’s movements, activities or interpersonal associations without the person’s consent, including, for example, by using technology.

Examples of surveillance by using technology—

•reading a person’s SMS messages

•monitoring a person’s email account or internet browser history

•monitoring a person’s account with a social networking internet site

•using a GPS device to track a person’s movements

•checking the recorded history in a person’s GPS device

unlawful stalking, intimidation, harassment or abuse see the Criminal Code, sections 359B and 359D.

9   Meaning of associated domestic violence

Associated domestic violence means behaviour mentioned in section 8(1) by a respondent towards—

(a)a child of an aggrieved; or

(b)a child who usually lives with an aggrieved; or

(c)a relative of an aggrieved; or

(d)an associate of an aggrieved.

10   Meaning of exposed to domestic violence

A child is exposed to domestic violence if the child sees or hears domestic violence or otherwise experiences the effects of domestic violence.

Examples of being exposed to domestic violence—

•overhearing threats of physical abuse

•overhearing repeated derogatory taunts, including racial taunts

•experiencing financial stress arising from economic abuse

•seeing or hearing an assault

•comforting or providing assistance to a person who has been physically abused

•observing bruising or other injuries of a person who has been physically abused

•cleaning up a site after property has been damaged

•being present at a domestic violence incident that is attended by police officers

11   Meaning of emotional or psychological abuse

Emotional or psychological abuse means behaviour, or a pattern of behaviour, by a person towards another person that torments, intimidates, harasses or is offensive to the other person.

Examples—

•following a person when the person is out in public, including by vehicle or on foot

•remaining outside a person’s residence or place of work

•repeatedly contacting a person by telephone, SMS message, email or social networking site without the person’s consent

•repeated derogatory taunts, including racial taunts

•threatening to disclose a person’s sexual orientation to the person’s friends or family without the person’s consent

•threatening to withhold a person’s medication

•preventing a person from making or keeping connections with the person’s family, friends or culture, including cultural or spiritual ceremonies or practices, or preventing the person from expressing the person’s cultural identity

12   Meaning of economic abuse

Economic abuse means behaviour, or a pattern of behaviour, by a person (the first person) that is coercive, deceptive or unreasonably controls another person (the second person), without the second person’s consent—

(a)in a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or

(b)by withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or a child, if the second person or the child is entirely or predominantly dependent on the first person for financial support to meet those living expenses.

Examples—

•coercing a person to relinquish control over assets and income

•removing or keeping a person’s property without the person’s consent, or threatening to do so

•disposing of property owned by a person, or owned jointly with a person, against the person’s wishes and without lawful excuse

•without lawful excuse, preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses

•preventing a person from seeking or keeping employment

•coercing a person to claim social security payments

•coercing a person to sign a power of attorney that would enable the person’s finances to be managed by another person

•coercing a person to sign a contract for the purchase of goods or services

•coercing a person to sign a contract for the provision of finance, a loan or credit

•coercing a person to sign a contract of guarantee

•coercing a person to sign any legal document for the establishment or operation of a business

Division 3 Relevant relationships

13   Meaning of relevant relationship

A relevant relationship is—

(a)an intimate personal relationship; or

(b)a family relationship; or

(c)an informal care relationship.

14   Meaning of intimate personal relationship

An intimate personal relationship is—

(a)a spousal relationship; or

(b)an engagement relationship; or

(c)a couple relationship.

15   Meaning of spousal relationship

(1)A spousal relationship exists between spouses.

Note—

A reference to a spouse includes a de facto partner. For definitions of spouse and de facto partner, see the Acts Interpretation Act 1954, schedule 1 and section 32DA.

(2)A spouse, of a person, includes—

(a)a former spouse of the person; and

(b)a parent, or former parent, of a child of the person.

(3)For subsection (2)(b), it is irrelevant whether there is or was any relationship between the parents of the child.

(4)In this section—

former parent includes—

(a)a birth parent who stops being a parent of a child under the Surrogacy Act 2010, section 39(2)(b); and

(b)a birth parent who stops being a parent of a child under a cultural recognition order made under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020.

16   Meaning of parent

(1)A parent, of a child, means—

(a)the child’s mother or father; and

(b)anyone else, other than the chief executive (child protection), having or exercising parental responsibility for the child.

(2)However, a parent of a child does not include—

(a)a person standing in the place of a parent of the child on a temporary basis; or

(b)an approved foster carer for the child; or

(c)an approved kinship carer for 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)In this section—

approved foster carer see the Child Protection Act 1999, schedule 3.

approved kinship carer see the Child Protection Act 1999, schedule 3.

17   Meaning of engagement relationship

An engagement 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.

18   Meaning of couple relationship

(1)A couple relationship exists between 2 persons if the persons have or had a relationship as a couple.

(2)In deciding whether a couple relationship exists, a court may have regard to the following—

(a)the circumstances of the relationship between the persons, including, for example—

(i)the degree of trust between the persons; and

(ii)the level of each person’s dependence on, and commitment to, the other person;

(b)the length of time for which the relationship has existed or did exist;

(c)the frequency of contact between the persons;

(d)the degree of intimacy between the persons.

(3)Without limiting subsection (2), the court may consider the following factors in deciding whether a couple relationship exists—

(a)whether the trust, dependence or commitment is or was of the same level;

(b)whether 1 of the persons is or was financially dependent on the other;

(c)whether the persons jointly own or owned any property;

(d)whether the persons have or had joint bank accounts;

(e)whether the relationship involves or involved a relationship of a sexual nature;

(f)whether the relationship is or was exclusive.

(4)A couple relationship may exist even if the court makes a negative finding in relation to any or all of the factors mentioned in subsection (3).

(5)A couple relationship may exist between 2 persons whether the persons are of the same or a different gender.

(6)A couple relationship does not exist merely because 2 persons date or dated each other on a number of occasions.

19   Meaning of family relationship and relative

(1)A family relationship exists between 2 persons if 1 of them is or was 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.

Examples of an individual’s relatives—

an individual’s spouse, child (including a child 18 years or more), stepchild, parent, step-parent, sibling, grandparent, aunt, nephew, cousin, half-brother, mother-in-law or aunt-in-law

Examples of an individual’s former relatives—

•the person who would be the individual’s mother-in-law if the individual was still in a spousal relationship with the person’s son or daughter

•the person who would be the step-parent of the individual if the spousal relationship between the person and the person’s former spouse, the individual’s parent, had not ended

•the individual’s step-siblings when the parent they do not have in common has died

(3)For deciding if someone is connected 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 first 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 first person regards or regarded as a relative;

(b)a person who regards or regarded himself or herself as a relative of the first person.

Examples of people who may have a wider concept of a relative—

•Aboriginal people

•Torres Strait Islanders

•members of certain communities with non-English speaking backgrounds

•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.

20   Meaning of informal care relationship

(1)An informal care relationship exists between 2 persons if 1 of them is or was dependent on the other person (the carer) for help in an activity of daily living.

Examples of help in an activity of daily living—

•dressing or other personal grooming of a person

•preparing a person’s meals or helping a person with eating meals

•shopping for a person’s groceries

•telephoning a specialist to make a medical appointment for a person

(2)An informal care relationship does not exist between a child and a parent of a child.

(3)An informal care relationship does not exist between 2 persons if 1 person helps the other person in an activity of daily living under a commercial arrangement.

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 because the nurse visits the person under a commercial arrangement made between the person and the nurse’s employer.

(4)For subsection (3)—

(a)a commercial arrangement may exist even if a person does not pay a fee for the help provided under the arrangement; and

Example for paragraph (a)—

The provision of help by a voluntary organisation for which a person does not pay a fee may still be under a commercial arrangement.

(b)an arrangement is not a commercial arrangement because 1 person receives a pension or allowance, or reimbursement for the purchase price of goods, for the help provided under the arrangement; and

(c)an arrangement is not a commercial arrangement if 1 person pays a fee for the help provided under the arrangement because of domestic violence committed by the other person.

Division 4 Overview

21   Who is an aggrieved and who is a respondent

(1)An aggrieved means the person for whose benefit a domestic violence order, or a police protection notice, 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 domestic violence order, or in a domestic violence order or police protection notice.

(3)A respondent means a person against whom a domestic violence order, or a police protection notice, is in force or may be made under this Act.

(4)More than 1 person may be named as the respondent in an application for a domestic violence order, or in a domestic violence order.

(5)Only 1 person may be named as the respondent in a police protection notice.

22   Child as aggrieved or respondent

(1)A person who is a child can be named as the aggrieved or the respondent in an application for a domestic violence order, or in a domestic violence order or police protection notice.

(2)However, a child can only be named as the aggrieved or the respondent if an intimate personal relationship or an informal care relationship exists between the child and the other party named in the application, order or notice.

(3)Subsection (2) does not limit—

(a)the interstate orders that are recognised interstate orders under part 6; or

(b)the New Zealand orders that may be registered under part 6, division 4.

(4)In this section—

other party, named in an application, order or notice, means—

(a)in relation to an aggrieved—the respondent or any 1 of the respondents named in the application, order or notice; or

(b)in relation to a respondent—the aggrieved named in the application, order or notice.

22A    Who is the person most in need of protection in a relevant relationship

(1)A person (the first person), who is in a relevant relationship with another person (the second person), is the person most in need of protection in the relationship if, when the behaviour of each of the persons is considered in the context of their relationship as a whole—

(a)the behaviour of the second person towards the first person is, more likely than not—

(i)abusive, threatening or coercive; or

(ii)controlling or dominating of the first person and causing the first person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); or

(b)the first person’s behaviour towards the second person is, more likely than not—

(i)for the first person’s self-protection or the protection of a child of the first person, another person or an animal (including a pet); or

(ii)in retaliation to the second person’s behaviour towards the first person, a child of the first person, another person or an animal (including a pet); or

(iii)attributable to the cumulative effect of the second person’s domestic violence towards the first person.

(2)In deciding which person in a relevant relationship is the person most in need of protection, a court must consider—

(a)the history of the relevant relationship, and of domestic violence, between the persons; and

(b)the nature and severity of the harm caused to each person by the behaviour of the other person; and

(c)the level of fear experienced by each person because of the behaviour of the other person; and

(d)which person has the capacity—

(i)to seriously harm the other person; or

(ii)to control or dominate the other person and cause the other person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); and

(e)whether the persons have characteristics that may make them particularly vulnerable to domestic violence.

Examples of people who may be particularly vulnerable to domestic violence—

•women

•children

•Aboriginal peoples and Torres Strait Islander peoples

•people from a culturally or linguistically diverse background

•people with disability

•people who are lesbian, gay, bisexual, transgender or intersex

•elderly people

23   What orders can a court make to prevent domestic violence

(1)A court can make a domestic violence order against a respondent 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 in the period before 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 an application for a domestic violence order; or

(b)does not appear in court.

24   Who can a domestic violence order protect

(1)As well as the aggrieved, the following persons can be protected by a domestic violence order—

(a)a child of the aggrieved;

(b)a child who usually lives with the aggrieved;

(c)a relative of the aggrieved;

(d)an associate of the aggrieved.

(2)A child who usually lives with the aggrieved means a child who spends time at the residence of the aggrieved on a regular or on-going basis.

(3)An associate of the aggrieved means either of the following persons if it is reasonable to regard the person as an associate—

(a)a person whom the 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 of the aggrieved—

•a person who is the current spouse or partner of the aggrieved

•a person who works at the same place as the aggrieved

•a person who lives at the same place as the aggrieved

•a person who provides support or assistance to the aggrieved, including, for example, a friend or neighbour

(4)A person mentioned in subsection (1) is protected by being specifically named in the domestic violence order under section 52 or 53.

(5)The person may be specifically named in the domestic violence order when it is made or at a later time if it is varied.

(6)The specifically named person is called a named person.

25   Who can apply for a protection order

(1)An application for a protection order can be made only by—

(a)an aggrieved; or

(b)an authorised person for an aggrieved; or

(c)a police officer under section 100(2)(a); or

(d)a person acting under another Act for the aggrieved.

Examples of persons acting under another Act—

•a guardian for a personal matter of the aggrieved under the Guardianship and Administration Act 2000

•an attorney for a personal matter of the aggrieved under an enduring power of attorney under the Powers of Attorney Act 1998

(2)An authorised person for an aggrieved means—

(a)an adult authorised in writing by the aggrieved to appear on behalf of the aggrieved; or

(b)an adult whom the court believes is authorised by the aggrieved to appear on behalf of the aggrieved even though the authority is not in writing.

Example for 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 person who may make an application for a protection order under subsection (1) may make other applications or bring other proceedings under this Act in relation to a domestic violence order made because of the application for the protection order.

26   When can a court make a protection order

A court can make a protection order if—

(a)an application for a protection order is made to the court by any of the persons mentioned in section 25(1); or

(b)the court convicts a person of a domestic violence offence; or

(c)the court is the Childrens Court hearing a child protection proceeding.

27   When can a court make a temporary protection order

A court can make a temporary protection order if—

(a)the court adjourns a proceeding mentioned in section 44(1)(a), (b) or (c); or

(b)the applicant for a protection order has asked the clerk of the court under section 36 for the application to be heard by the court—

(i)before the application is served on the respondent; or

(ii)before the application is served on the respondent and without the applicant giving the court a verification declaration; or

(c)the applicant for the variation of a protection order has asked the clerk of the court under section 90 for the application to be heard by the court—

(i)before the application is served on the respondent; or

(ii)before the application is served on the respondent and without the applicant giving the court a variation declaration; or

(d)a police officer applies for a temporary protection order under part 4, division 4.

28   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 domestic violence or associated domestic violence; and

(b)if a child of the aggrieved, or a child who usually lives with the aggrieved, is a named person in the order, the respondent must not expose the child to domestic violence; and

(c)the respondent must comply with any other conditions imposed by the court and stated in the order.

Note—

See part 3, division 5 for provisions about the other conditions a court can impose on the respondent.

29   What happens if circumstances change after a domestic violence order is made

If circumstances change after a domestic violence order is made, a person can apply under section 86 for a variation of the order.

Examples of changes of circumstances—

1A protection order is made that includes only the standard conditions. The respondent commits further, and more serious, domestic violence against the aggrieved. In addition to charging the respondent with an offence, a police officer may apply for a variation of the protection order to include additional conditions in the order to give greater protection to the aggrieved.

2A temporary protection order is made because of an application under section 129 by a police officer. The aggrieved’s place of residence is stated in the order as premises that the respondent is prohibited from approaching. If the aggrieved’s place of residence changes, a variation of the temporary protection order may be sought under section 86.

30   What can happen if a respondent does not comply with a domestic violence order

(1)If a respondent does not comply with a domestic violence order, including a recognised interstate order, a police officer can charge the respondent with an offence.

(2)An aggrieved, named person or anyone else can complain to a police officer that the respondent is not complying with the order.

31   What is the effect of an order made in another State or New Zealand

(1)If a person has obtained an interstate order in another State, the interstate order is a recognised interstate order under part 6 and enforceable under this Act.

(2)If a person has obtained a New Zealand order, the New Zealand order—

(a)may be registrable in Queensland under part 6 or in another State under a corresponding law; and

(b)if registered in Queensland or another State, is a recognised interstate order under part 6 and enforceable under this Act.

Part 3    Domestic violence orders

Division 1 Protection orders

32   Application for protection order

(1)An application for a protection order may be made to a Magistrates Court by—

(a)an aggrieved; or

(b)an authorised person for an aggrieved; or

(c)a police officer under section 100(2)(a); or

(d)a person acting under another Act for an aggrieved.

(2)The application must—

(a)be in the approved form; and

(b)state the grounds on which it is made; and

(c)state the nature of the order sought; and

(d)if the applicant is not a police officer—be verified by the applicant by a statutory declaration (a verification declaration); and

(e)be filed in the court.

(3)However, subsection (2)(d) does not apply to an applicant if the clerk of the court agrees to grant the applicant’s request under section 36(2)(b).

33   Fixing of date, time and place for hearing

(1)If the applicant for the protection order is a police officer, as soon as practicable after the application is prepared, the police officer must prepare a copy of the application that states the date, time and place for the hearing of the application.

(2)If the applicant for the protection order is not a police officer, as soon as practicable after the application is filed in the court, the clerk of the court must—

(a)write on a copy of the application the date, time and place for the hearing of the application; and

(b)give the copy of the application to—

(i)the applicant; and

(ii)the officer in charge of the police station nearest the place where the respondent lives or was last known to live.

34   Service of application

(1)A police officer must personally serve the copy of the application prepared under section 33(1) or (2)(a) on the respondent.

Note—

Under section 36 an applicant may ask the court for a hearing before the application is served on the respondent.

(2)The copy of the application must state that, if the respondent does not appear in court—

(a)a domestic violence order may be made in the respondent’s absence; or

(b)the court may issue a warrant for the respondent to be taken into custody by a police officer if the court believes that it is necessary for the respondent to be heard.

(3)To remove any doubt, it is declared that, if an application for a protection order is made by a police officer, the application may be served on the respondent before the application is filed in the court.

Note—

Section 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.

35   Copy of application must be given to aggrieved

(1)If the applicant for a protection order is not the aggrieved, the applicant must give a copy of the application to the aggrieved.

(2)Failure to comply with subsection (1) does not invalidate or otherwise affect an application for a protection order.

36   Applicant may ask clerk of court for hearing before respondent is served or without giving verification declaration

(1)This section applies for the purpose of the court making a temporary protection order under division 2.

(2)The applicant for a protection order may ask the clerk of the court to arrange for the application to be heard by the court—

(a)before the application is served on the respondent; or

(b)before the application is served on the respondent and without the applicant giving the court a verification declaration.

(3)This section applies despite section 34.

36A    Court must be given respondent’s criminal history and domestic violence history

(1)This section applies if—

(a)a police officer makes an application for a protection order; or

(b)the clerk of the court gives an application for a protection order to the officer in charge of a police station under section 33(2)(b); or

(c)a copy of a police protection notice issued by a police officer is filed in the court to be heard as an application for a protection order.

(2)The police commissioner must ensure a copy of the respondent’s criminal history and domestic violence history—

(a)is filed in the court—

(i)with an application or police protection notice mentioned in subsection (1)(a) or (c); or

(ii)before the date and time stated in the application for the first hearing of the application; or

(b)is given to the court when the application is first heard.

(3)If the respondent does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of that fact.

37   When court may make protection order

(1)A court may make a protection order against a person (the respondent) for the benefit of another person (the aggrieved) if the court is satisfied that—

(a)a relevant relationship exists between the aggrieved and the respondent; and

(b)the respondent has committed domestic violence against the aggrieved; and

Note—

See the examples of the type of behaviour that constitutes domestic violence in sections 8, 11 and 12, which define the terms domestic violence, emotional or psychological abuse and economic abuse.

(c)the protection order is necessary or desirable to protect the aggrieved from domestic violence.

(2)In deciding whether a protection order is necessary or desirable to protect the aggrieved from domestic violence—

(a)the court must consider—

(i)the principles mentioned in section 4; and

(ii)if an intervention order or a diversion order has previously been made against the respondent and the respondent has failed to comply with the order—the respondent’s failure to comply with the order; and

(iii)the respondent’s criminal history and domestic violence history filed in or given to the court under section 36A; and

(b)if an intervention order or a diversion order has previously been made against the respondent and the respondent has complied with the order—the court may consider the respondent’s compliance with the order.

(3)However, the court must not refuse to make a protection order merely because the respondent has complied with an intervention order or a diversion order previously made against the respondent.

(4)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 considers appropriate.

(5)If the court decides to make a protection order against the respondent, the court must consider the appropriate period for which the order is to continue in force.

Note—

See section 97 for matters to be considered when deciding the period for which a protection order is to continue in force.

(6)This section applies subject to section 41G.

38   Hearing of application—appearance of respondent

(1)This section applies if a respondent appears before the court that is to hear and decide an application for a protection order.

(2)The court may—

(a)hear and decide the application; or

(b)adjourn the application, whether or not it makes a temporary protection order under division 2; or

(c)subject to subsection (3), dismiss the application without deciding it.

(3)The court may dismiss an application without deciding it only if—

(a)the applicant has not appeared; and

(b)if the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and

(c)no other person eligible to apply for the protection order has appeared.

(4)The dismissal of an application does not affect the right of the applicant to make a further application against the respondent.

39   Hearing of application—non-appearance of respondent

(1)This section applies if a respondent fails to appear before the court that is to hear and decide an application for a protection order and the court is satisfied that the respondent has been served with a copy of the application.

Note—

If a respondent has been served with a police protection notice, because of section 112, the respondent is taken to have been served with a copy of an application for a protection order.

(2)The court may—

(a)hear and decide the application in the absence of the respondent; or

(b)adjourn the application, whether or not it makes a temporary protection order under division 2; or

(c)subject to section 156(1), order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court.

40   Hearing of application—before respondent is served

(1)This section applies if a court hears an application for a protection order before the application is served on the respondent.

(2)The court may adjourn the application, whether or not it makes a temporary protection order under division 2.

Division 1A Cross applications

41   Definitions for division

In this division—

cross application see section 41A(1)(b), (2)(d)(ii) and (3)(c).

original application see section 41A(1)(a) and (2)(d)(i).

original protection order see section 41A(3)(a).

variation application see section 41A(3)(b).

41A   Application of particular provisions

(1)Sections 41B to 41E apply if—

(a)an application (the original application) for a protection order has been made and is before a court; and

(b)a second application for a protection order (the cross application) has been made and is before the same court or another court; and

(c)a person named as a respondent in the original application is named as the aggrieved in the cross application; and

(d)the person named as the aggrieved in the original application is named as a respondent in the cross application.

(2)Also, sections 41B to 41E apply if—

(a)2 protection orders have been made by the same court or by different courts; and

(b)a person named as a respondent in one of the protection orders (the first protection order) is named as the aggrieved in the other protection order (the second protection order); and

(c)the person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and

(d)both of the following applications have been made and are before a court—

(i)an application to vary the first protection order (also the original application);

(ii)an application to vary the second protection order (also the cross application) made after the original application.

(3)In addition, sections 41B to 41E apply if—

(a)a protection order (the original protection order) has been made; and

(b)an application for variation of the original protection order (the variation application) has been made and is before a court; and

(c)an application for a second protection order (also the cross application) has been made and is before a court; and

(d)a person named as a respondent in the original protection order is named as the aggrieved in the cross application; and

(e)the person named as the aggrieved in the original protection order is named as a respondent in the cross application.

(4)For subsection (3), it does not matter whether the variation application was made before or after the cross application.

41B   Parties must disclose cross applications

(1)Each of the following persons must inform the court to which the original application or cross application was made about the other application—

(a)a person who is a party to a proceeding for the original application and is aware of the cross application;

(b)a person who is a party to a proceeding for the cross application and is aware of the original application.

(2)Also, each of the following persons must inform the court to which the variation application or cross application was made about the other application—

(a)a person who is a party to the variation application and is aware of the cross application;

(b)a person who is a party to the cross application and is aware of the variation application.

(3)In this section—

party includes an aggrieved.

41C   Hearing of applications—cross applications before same court

(1)This section applies if—

(a)either—

(i)the original application and cross application are before the same court; or

(ii)the variation application and cross application are before the same court; and

(b)the court is aware of both applications.

(2)The court must—

(a)hear the applications together; and

(b)in hearing the applications, consider—

(i)the principle mentioned in section 4(2)(e); and

(ii)whether it is necessary to make arrangements for the safety, protection or wellbeing of the person most in need of protection in the relevant relationship that exists between the persons who are the aggrieveds and respondents to the applications.

Note—

See, for example, sections 150 and 151 for the power of the court to make orders in relation to a person giving evidence or being cross-examined as a protected witness.

(3)If the court decides to adjourn the hearing of either application or both applications, the court must consider whether to make a temporary protection order under division 2 in relation to each adjourned hearing.

41D   Hearing of applications—cross applications before different courts

(1)This section applies if—

(a)either—

(i)the original application and the cross application are before different courts; or

(ii)the variation application and the cross application are before different courts; and

(b)a court hearing either application is aware of both applications.

(2)The court must consider whether to, and may—

(a)hear the applications together; or

(b)order that the application before the court be dealt with by the other court.

(3)If the court hears the applications, the court must consider—

(a)the principle mentioned in section 4(2)(e); and

(b)whether it is necessary to make arrangements for the safety, protection or wellbeing of the person most in need of protection in the relevant relationship that exists between the persons who are the aggrieveds and respondents to the applications.

Note—

See, for example, sections 150 and 151 for the power of the court to make orders in relation to a person giving evidence or being cross-examined as a protected witness.

(4)If the court decides to adjourn the hearing of the application before it, the court must consider whether to make a temporary protection order under division 2 in relation to the adjourned hearing.

41E   Hearing of applications—unreasonable notice of cross application

(1)Subsection (2) applies if the cross application mentioned in section 41A(1)(b) is not served, within a reasonable period, on a respondent to the cross application who is also the aggrieved named in the original application.

(2)The court may hear the cross application before the original application or together with the original application only if the aggrieved named in the original application consents.

(3)Subsection (4) applies if the cross application mentioned in section 41A(2)(d)(ii) is not served, within a reasonable period, on a respondent to the cross application who is also the applicant for the original application.

(4)The court may hear the cross application before the original application or together with the original application only if the applicant for the original application consents.

(5)Subsection (6) applies if the cross application mentioned in section 41A(3)(c) is not served, within a reasonable period, on a respondent to the cross application who is also the applicant for the variation application.

(6)The court may hear the cross application before the variation application or together with the variation application only if the applicant for the variation application consents.

(7)If the consent mentioned in subsection (2), (4) or (6) is not given, the court must—

(a)adjourn the hearing of the cross application; and

(b)if the cross application has not been served on the respondent to the application mentioned in subsection (1), (3) or (5)—set a date by which the application is to be served.

(8)Subsection (9) applies if the variation application mentioned in section 41A(3)(b) is not served, within a reasonable period, on a respondent to the variation application who is also the aggrieved named in the cross application.

(9)The court may hear the variation application before the cross application or together with the cross application only if the aggrieved named in the cross application consents.

(10)If the consent mentioned in subsection (9) is not given, the court must—

(a)adjourn the hearing of the variation application; and

(b)if the variation application has not been served on the aggrieved named in the cross application—set a date by which the application is to be served.

(11)In this section—

reasonable period means—

(a)at least 1 business day before the day of the hearing of the original application or variation application; or

(b)within a longer period before the day of the hearing of the original application or variation application the court considers is reasonable in the circumstances.

41F   Hearing of application—existing protection order

(1)Subsections (2) and (3) apply if—

(a)a protection order has been made by a court; and

(b)an application for another protection order has been made and is before the same court or another court; and

(c)a person named as a respondent in the protection order is named as the aggrieved in the application; and

(d)the person named as the aggrieved in the protection order is named as a respondent in the application.

(2)Each person who is a party to a proceeding for the application and is aware of the protection order must inform the court to which the application was made about the order.

(3)The court hearing the application must take into account the court records relating to the making of the protection order.

(4)Subsections (5) and (6) apply if—

(a)2 protection orders have been made by the same court or by different courts; and

(b)a person named as a respondent in one of the protection orders (the first protection order) is named as the aggrieved in the other protection order (the second protection order); and

(c)the person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and

(d)an application to vary either of the protection orders has been made and is before a court.

(5)Each person who is a party to a proceeding for the application and is aware of either protection order must inform the court to which the application was made about the order.

(6)The court hearing the application must take into account the court records relating to the making of both protection orders.

(7)In this section—

party includes an aggrieved.

41G    Deciding cross applications

(1)This section applies to a court hearing the following applications together under section 41C, 41D or 41E—

(a)the original application and cross application;

(b)the variation application and cross application.

(2)The court must decide—

(a)which of the parties to the relevant relationship is the person most in need of protection in the relationship; and

(b)the application that makes, or varies, the protection order that is necessary or desirable to protect the person most in need of protection from domestic violence; and

(c)if the other application is an application for a protection order—to dismiss the other application; and

(d)if the other application is an application for the variation of a protection order—to vary the order by reducing its duration so that the order ends.

(3)Despite subsection (2), the court may make, or vary, a protection order under both applications if the court is satisfied that, in exceptional circumstances—

(a)there is clear evidence that each of the parties to the relevant relationship is in need of protection from the other party; and

(b)it is not possible to decide whether 1 party’s need for protection is greater than the other party’s need for protection.

(4)The relevant relationship mentioned in subsection (2) and (3) is the relevant relationship that exists between the persons who are the aggrieved and the respondent to—

(a)the original application and the cross application mentioned in section 41A(1); or

(b)the first protection order and second protection order mentioned in section 41A(2); or

(c)the original protection order and the cross application mentioned in section 41A(3).

Division 1B Domestic violence orders in criminal and child protection proceedings

42   When court on its own initiative can make or vary order against offender

(1)This section applies if a court convicts a person (the offender) of a domestic violence offence.

(2)The court may, on its own initiative, make a protection order against the offender if the court is satisfied that, under section 37, a protection order could be made against the offender.

(3)Despite section 37(2)(a)(iii), in deciding whether to make a protection order under subsection (2), the court is not required to, but may, consider the offender’s criminal history and domestic violence history.

(4)If a domestic violence order is already in force against the offender, 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, on its own initiative, vary the order.

(5)However, the court may not make a protection order under subsection (2) or vary a domestic violence order under subsection (4) unless the following persons have been given a reasonable opportunity to present evidence and to prepare and make submissions about the making or variation of the order—

(a)the offender;

(b)the prosecuting authority for the offence;

(c)if reasonably practicable, the person who is or would be named as the aggrieved in the order.

(6)A court exercising jurisdiction under this section—

(a)may make the protection order, or vary the domestic violence order, before the offender is discharged by the court or otherwise leaves the court; or

(b)may adjourn the matter of making the protection order, or varying the domestic violence order, to a later fixed time and day and may, in the meantime, make a temporary protection order under division 2.

(7)If the court adjourns the matter under subsection (6)(b), the court—

(a)must inform the offender that if the offender does not appear in court at the later time and day to which the matter has been adjourned—

(i)a protection order may be made, or a domestic violence order varied, in the offender’s absence; and

(ii)the court may issue a warrant for the respondent to be taken into custody by a police officer if the court believes that it is necessary for the respondent to be heard; and

(b)may issue any direction that it considers necessary.

(8)If the offender fails to appear at the later time and day to which the matter is adjourned, the court may—

(a)make a protection order against the offender, or vary a domestic violence order against the offender, in the offender’s absence; or

(b)adjourn the matter further and may, in the meantime, make a temporary protection order under division 2; or

(c)subject to section 156(1), order the issue of a warrant for the offender to be taken into custody by a police officer and brought before the court.

(9)Despite section 158, a proceeding to make or vary a protection order under this section must be held by the court in open court, other than when the court orders the court be closed.

(10)This section does not limit the power of the court to make any other order against the offender.

(11)To remove any doubt, it is declared that section 145 applies to a proceeding to make or vary a protection order under this section.

43   When Childrens Court can make or vary order against parent of a child

(1)This section applies if the Childrens Court is hearing a child protection proceeding.

(2)The court may make a protection order against a parent of a child for whom an order is sought in the child protection proceeding (the parent) if—

(a)the court is satisfied that, under section 37, a protection order could be made against the parent; and

(b)the person who would be named as the aggrieved in the protection order is also a parent of a child for whom an order is sought in the child protection proceeding.

(3)If a domestic violence order is already in force against a parent of a child for whom an order is sought in the child protection proceeding (also the parent), the court must consider the order and whether, in the circumstances, the order needs to be varied, including, for example—

(a)by varying the date the order ends; or

(b)to ensure the terms of the order are consistent with an order proposed to be made in the child protection proceeding.

(4)The court may make a protection order under subsection (2) or vary a domestic violence order under subsection (3) on its own initiative or on the application of a party to the child protection proceeding.

(5)However, the court may not make a protection order under subsection (2) or vary a domestic violence order under subsection (3) unless each party to the child protection proceeding has been given a reasonable opportunity to present evidence and to prepare and make submissions about the making or variation of the order.

(6)Despite section 37(2)(a)(iii), in deciding whether to make a protection order under subsection (2) or vary a domestic violence order under subsection (3), the court is not required to, but may, consider the parent’s criminal history and domestic violence history.

(7)A court exercising jurisdiction under this section—

(a)may make the protection order, or vary the domestic violence order, during the hearing of the child protection proceeding; or

(b)may adjourn the matter of making the protection order, or varying the domestic violence order, to a later fixed time and day and may, in the meantime, make a temporary protection order under division 2.

(8)If the court adjourns the matter under subsection (7)(b), the court—

(a)must inform the parent that if the parent does not appear in court at the later time and day to which the matter has been adjourned—

(i)a protection order may be made, or a domestic violence order varied, in the parent’s absence; and

(ii)the court may issue a warrant for the parent to be taken into custody by a police officer if the court believes that it is necessary for the parent to be heard; and

(b)may issue any direction that it considers necessary.

(9)If the parent fails to appear at the later time and day to which the matter is adjourned, the court may—

(a)make a protection order against the parent, or vary a domestic violence order against the parent, in the parent’s absence; or

(b)adjourn the matter further and may, in the meantime, make a temporary protection order under division 2; or

(c)subject to section 156(1), order the issue of a warrant for the parent to be taken into custody by a police officer and brought before the court.

(10)This section does not limit the power of the court to make any order under the Child Protection Act 1999.

(11)In this section—

party, to a child protection proceeding, means—

(a)a child for whom an order is sought in the proceeding; or

(b)a separate legal representative, if any, for a child mentioned in paragraph (a); or

(c)an applicant or respondent in the proceeding.

separate legal representative means a lawyer appointed under the Child Protection Act 1999, section 110.

Division 2 Temporary protection orders

44   When court may make temporary protection order

(1)A court may make a temporary protection order if—

(a)the court adjourns the hearing of an application for a protection order; or

(b)the court adjourns the hearing of an application for a variation of a domestic violence order; or

(c)the court adjourns a proceeding mentioned in section 42 or 43; or

(d)the applicant for a protection order has asked the clerk of the court under section 36 for the application to be heard by the court—

(i)before the application is served on the respondent; or

(ii)before the application is served on the respondent and without the applicant giving the court a verification declaration; or

(e)the applicant for the variation of a protection order has asked the clerk of the court under section 90 for the application to be heard by the court—

(i)before the application is served on the respondent; or

(ii)before the application is served on the respondent and without the applicant giving the court a variation declaration; or

(f)an application for a temporary protection order is made to the court by a police officer under part 4, division 4.

(2)For subsection (1)(a), if the application is a police protection notice taken to be an application for a protection order under section 112, it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought—

(a)are stated in the police protection notice; or

(b)are stated in a statement mentioned in section 111(3) that has been filed under that section; or

(c)have otherwise been made known to the court.

45   Matters court must be satisfied of

(1)A court may make a temporary protection order against a respondent only if the court is satisfied that—

(a)a relevant relationship exists between the aggrieved and the respondent; and

(b)the respondent has committed domestic violence against the aggrieved.

(2)Subsection (1) does not apply if the court makes a temporary protection order under section 44(1)(b).

(3)In deciding whether to make a temporary protection order, the court may consider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so.

46   Standard of evidence

A temporary protection order need only be supported by the evidence that the court considers sufficient and appropriate having regard to the temporary nature of the order.

47   Temporary protection order when respondent has not been served

(1)This section applies if—

(a)a respondent has not been served with a copy of an application for a protection order or an application for a variation of a domestic violence order; and

(b)the respondent is not present in court.

(2)The court may make a temporary protection order against the respondent only if the court is satisfied that the making of a temporary protection order despite the respondent having not been served with the application is necessary or desirable to protect the aggrieved, or another person named in the application, from domestic violence.

(3)To remove any doubt, it is declared that this section applies in addition to section 45.

47A    Temporary protection order when applicant unable to give declaration

(1)This section applies if—

(a)an applicant for a protection order has not given a court a verification declaration; or

(b)an applicant for a variation of a domestic violence order has not given a court a variation declaration.

(2)The court may make a temporary protection order against the respondent only if the applicant verifies, on oath or affirmation, that the application is true and correct.

(3)To remove any doubt, it is declared that this section applies in addition to section 45.

Note—

Under section 142A a Magistrates Court may enable a person to take an oath or make an affirmation by audio visual link or audio link.

47B    When court must consider making temporary protection order on adjournment

(1)This section applies to a proceeding for an application for a protection order.

Note—

Under section 112, a police protection notice is taken to be an application for a protection order.

(2)If the court adjourns the hearing of the application at the first mention for the proceeding, the court must consider whether to make a temporary protection order.

48   Temporary protection order in relation to application for variation

(1)This section applies if the court adjourns the hearing of an application for a variation of a domestic violence order (the first domestic violence order).

(2)The court may make a temporary protection order against a respondent only if the court is satisfied that the temporary protection order is necessary or desirable to protect any of the following persons from domestic violence or associated domestic violence, pending a decision on the application for the variation—

(a)the aggrieved;

(b)another person named in the first domestic violence order;

(c)if the application for the variation seeks to name another person in the first domestic violence order—the other person.

(3)If the court makes a temporary protection order under subsection (2), the first domestic violence order is suspended.

(4)The suspension starts when the respondent is served with a copy of the temporary protection order or when the temporary protection order otherwise becomes enforceable under section 177.

(5)The suspension ends, and the first domestic violence order is revived—

(a)when the court varies the first domestic violence order and the varied order takes effect under section 99; or

(b)when the court refuses to vary the first domestic violence order and the respondent is told about the refusal; or

(c)when the application for variation of the first domestic violence order is withdrawn and the respondent is told about the withdrawal.

(6)For subsection (5)(b) or (c), the respondent may be told about the refusal or withdrawal—

(a)if the respondent is present in court when the refusal or withdrawal happens—by the court; or

(b)otherwise—by a police officer.

(7)For subsection (6)(b), the respondent may be told by a police officer about the refusal or withdrawal in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means.

(8)When the first domestic violence order is revived—

(a)it is enforceable against the respondent as if it had never been suspended; and

(b)despite anything in section 98, the temporary protection order made under subsection (2) ends.

49   Temporary protection order in relation to particular adjourned applications

(1)This section applies if, under section 41E, the court adjourns the hearing of a cross application or a variation application.

(2)The court must consider making a temporary protection order in relation to the application.

(3)However, the court may make a temporary protection order only if satisfied the order is necessary or desirable to protect the aggrieved, or another person, named in the application pending a decision on the application.

(4)To remove any doubt, it is declared that this section—

(a)applies in addition to section 45; and

(b)does not affect the court’s power to make a temporary protection order under this division in relation to an original application or an application to vary an original protection order.

50   Form of temporary protection order

A court may make a temporary protection order against a respondent in the same terms as a protection order.

Division 3 Consent orders

51   Court may make or vary domestic violence order by consent

(1)If the parties to a proceeding for a domestic violence order, or a variation of a domestic violence order, consent to the making of the order, or do not oppose the making of the order, the court may make the order—

(a)if the court is satisfied that a relevant relationship exists between the aggrieved and the respondent; and

(b)without being satisfied as to any matter mentioned in—

(i)for a proceeding for a protection order—section 37(1)(b) or (c); or

(ii)for a proceeding for a temporary protection order—section 45(1)(b); and

(c)whether or not the respondent admits to any or all of the particulars of the application.

(2)However, if the respondent is a child the court may make the order only if the court is satisfied as to the matters mentioned in—

(a)for a proceeding for a protection order—section 37; or

(b)for a proceeding for a temporary protection order—section 45.

(3)Also, subject to subsection (4), if a police officer, or authorised person for the aggrieved, is acting on behalf of the aggrieved in the proceeding, the court may make the order only if the court is satisfied that the aggrieved consents to the making of the order.

(4)The consent of the aggrieved is not required under subsection (3) if—

(a)a police officer is acting on behalf of the aggrieved in the proceeding; and

(b)the aggrieved is not present in court and can not, after all reasonable enquiries, be contacted to give the consent; and

(c)the police officer reasonably believes that the order promotes the safety, protection and wellbeing of the aggrieved, any named person, and any child affected by the order.

(5)Before deciding whether to make or vary a domestic violence order under this section, the court may—

(a)conduct a hearing in relation to the particulars of the application if, in the court’s opinion, it is in the interests of justice to do so; and

(b)consider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so.

Note—

The police commissioner is required to ensure a copy of the respondent’s criminal history and domestic violence history is filed in or given to the court. See sections 36A and 90A.

(6)The court may refuse to make or vary a domestic violence order under this section if the court believes the making or variation of the order may pose a risk to the safety of an aggrieved, any named person, or any child affected by the order.

(7)To remove any doubt, it is declared that sections 54, 56 and 84 continue to apply in relation to a proceeding under this section.

Division 4 Naming persons in domestic violence orders

52   Naming relative or associate of aggrieved

(1)The court may name, in a domestic violence order, a relative or associate of the aggrieved if the court is satisfied that naming the relative or associate in the order is necessary or desirable to protect the relative or associate from associated domestic violence.

(2)In this section—

relative, of an aggrieved, does not include a child mentioned in section 53.

53   Naming child

The court may name, in a domestic violence order, a child of the aggrieved, or a child who usually lives with the aggrieved, if the court is satisfied that naming the child in the order is necessary or desirable to protect the child from—

(a)associated domestic violence; or

(b)being exposed to domestic violence committed by the respondent.

54   When court must consider naming child

(1)This section applies—

(a)if a court is—

(i)hearing an application for a domestic violence order; or

(ii)hearing an application for a variation of a domestic violence order; or

(iii)deciding whether to make a domestic violence order under section 42 or 43; and

(b)the application mentioned in paragraph (a)(i) or (ii), or any other information before the court, discloses the existence of a child of the aggrieved, or a child who usually lives with the aggrieved.

(2)The court must consider whether the child should be named under section 53 in the domestic violence order.

(3)To remove any doubt, it is declared that this section applies whether or not the application mentioned in paragraph (a)(i) or (ii) seeks to name the child in the order.

55   Power of court to obtain information about child

(1)This section applies if—

(a)there is an application for a protection order, or a variation of a domestic violence order, that seeks to name a child in the order or the court is considering naming a child in a protection order; and

(b)the respondent contests the naming of the child in the order or the imposition of any conditions concerning the child; and

(c)the court considers that the chief executive (child protection) may have information relating to the child, the aggrieved or the respondent that may help the court in deciding whether to name the child in the order or impose a condition relating to the child under division 5.

(2)The court may ask the chief executive (child protection) to provide information about the child, the aggrieved or the respondent that the chief executive reasonably considers may help the court in deciding whether to name the child in the order or impose a condition relating to the child under division 5.

(3)The chief executive (child protection) must comply with the request as quickly as possible.

(4)However, the chief executive is required only to provide information in the possession of the chief executive (child protection) or to which the chief executive (child protection) has access.

(5)If the chief executive (child protection) provides information under this section in a proceeding, the court must—

(a)give each party to the proceeding a copy of the information and a reasonable opportunity to prepare and make submissions about the information; and

(b)give a copy of any domestic violence order, or varied order, made in the proceeding to the chief executive (child protection).

(6)The court need not comply with subsection (5)(a) to the extent that giving a copy of the information to a party to the proceeding would place the aggrieved, or a child, at increased risk of domestic violence.

(7)This section does not limit section 154.

Division 5 Conditions of domestic violence orders

Subdivision 1 Standard and general conditions

56   Domestic violence order must include standard conditions

(1)A court making a domestic violence order must impose a condition that the respondent—

(a)must be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved; and

(b)must not organise, encourage, ask, tell, force or engage another person to do something that, if done by the respondent, would be domestic violence against the aggrieved; and

(c)if the order includes a named person who is an adult—

(i)must be of good behaviour towards the named person; and

(ii)must not commit associated domestic violence against the named person; and

(iii)must not organise, encourage, ask, tell, force or engage another person to do something that, if done by the respondent, would be associated domestic violence against the named person; and

(d)if the order includes a named person who is a child—

(i)must be of good behaviour towards the child; and

(ii)must not commit associated domestic violence against the child; and

(iii)must not expose the child to domestic violence; and

(iv)must not organise, encourage, ask, tell, force or engage another person to do something that, if done by the respondent, would be associated domestic violence against the child; and

(v)must not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.

(2)If the court does not exercise its power to impose conditions under subsection (1), the court is taken to have done so.

57   Court may impose other conditions

(1)A court making or varying a domestic violence order must consider whether imposing any other condition is necessary or desirable to protect—

(a)the aggrieved from domestic violence; or

(b)a named person from associated domestic violence; or

(c)a named person who is a child from being exposed to domestic violence.

(2)Without limiting subsection (1), a court making a domestic violence order must consider whether to impose an ouster condition on the respondent in relation to the aggrieved’s usual place of residence.

(3)The principle of paramount importance to the court must be the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount.

58   Conditions relating to behaviour of respondent

Without limiting section 57, the court may impose a condition on the respondent that—

(a)prohibits stated behaviour of the respondent that would constitute domestic violence against the aggrieved or associated domestic violence against a named person; or

(b)prohibits stated behaviour of the respondent that is likely to lead to domestic violence against the aggrieved or associated domestic violence against a named person; or

(c)prohibits 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; or

(d)prohibits 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; or

(e)prohibits 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; or

(f)prohibits stated behaviour of the respondent towards a child of the aggrieved, or a child who usually lives with the aggrieved, including prohibiting the respondent’s presence at or in a place associated with the child.

59   Conditions relating to recovery of personal property

(1)Without limiting section 57, in relation to personal property of the aggrieved, the court may impose a condition on the respondent that requires the respondent—

(a)to return stated personal property to the aggrieved; or

(b)to allow the aggrieved access to stated personal property; or

(c)to allow the aggrieved to recover stated personal property; or

(d)to allow the aggrieved to enter stated premises to facilitate action mentioned in paragraph (b) or (c); or

(e)to do any act necessary or desirable to facilitate action mentioned in paragraph (a), (b), (c) or (d).

(2)If the court imposes a condition mentioned in subsection (1), the court must consider—

(a)the extent to which a matter relating to the condition must be supervised by a police officer; and

(b)the need to impose a condition that the respondent must not, during a stated period, approach within a stated distance of stated premises to facilitate action mentioned in subsection (1)(a), (b), (c) or (d).

60   Contact by lawyer not prohibited

(1)A condition mentioned in section 58(d) or (e) that prohibits a respondent from asking someone else to contact or to locate an aggrieved or named person does not prohibit the respondent from asking—

(a)a lawyer to contact the aggrieved or named person; or

(b)another person, including a lawyer, to contact or locate the aggrieved or named person for a purpose authorised under an Act.

(2)To remove any doubt, it is declared that a condition mentioned in section 56(1)(b), (c)(iii) or (d)(iv) or (v) does not prohibit a respondent from asking—

(a)a lawyer to contact the aggrieved or a named person; or

(b)another person, including a lawyer, to contact or locate the aggrieved or a named person for a purpose authorised under an Act.

(3)In this section—

lawyer means a lawyer who is representing the respondent in relation to a proceeding.

61   Contact by victim advocate not prohibited

(1)A condition mentioned in section 58(d) or (e) that prohibits a respondent from asking someone else to contact or to locate an aggrieved or named person does not prohibit a victim advocate from contacting or locating the aggrieved or named person if—

(a)either of the following applies—

(i)the purpose of the victim advocate in contacting or locating the aggrieved or named person is to seek the consent of the aggrieved or named person to the provision of advocacy or support to the aggrieved or named person;

(ii)the aggrieved or named person has consented to being contacted or located by a victim advocate; and

(b)the victim advocate is not knowingly in direct contact with the respondent; and

(c)the respondent is participating in an approved intervention program provided by an approved provider.

(2)In this section—

victim advocate means a person engaged by an approved provider to provide advocacy for, and support of, an aggrieved or named person.

62   Condition limiting contact between parent and child

(1)This section applies if—

(a)the aggrieved, or an applicant on behalf of the aggrieved, has asked the court for a condition to be imposed on the respondent that would prevent or limit contact between the respondent and a child of the respondent; or

(b)the court, on its own initiative, is considering imposing a condition of a type mentioned in paragraph (a).

(2)If the court imposes the condition, the condition must limit contact between the respondent and the child only to the extent necessary for the child’s safety, protection and wellbeing.

Note—

In considering whether to impose the condition, under section 57(3), the principle of paramount importance to the court must be the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount.

Subdivision 2 Ouster and return conditions

63   Ouster condition

(1)Without limiting section 57, the court may impose a condition (an ouster condition) on the respondent that prohibits the respondent from doing all or any of the following in relation to stated premises—

(a)remaining at the premises;

(b)entering or attempting to enter the premises;

(c)approaching within a stated distance of the premises.

Notes—

If an ouster condition is imposed on a respondent who is a tenant, the aggrieved may be able to apply under the Residential Tenancies and Rooming Accommodation Act 2008, section 245 for an order to be recognised as the tenant instead of the respondent, or under the Residential Tenancies and Rooming Accommodation Act 2008, section 321 for an order terminating the tenancy.

Sections 139 and 140 allow particular applications made under the Residential Tenancies and Rooming Accommodation Act 2008 to be made to a Magistrates Court, or removed to a Magistrates Court, if an application for a protection order or a variation of a domestic violence order has been made to the court.

(2)To remove any doubt, it is declared that the premises that may be stated in the ouster condition include—

(a)premises in which the respondent has a legal or equitable interest; and

(b)premises where the aggrieved and respondent live together or previously lived together; and

(c)premises where the aggrieved or a named person lives, works or frequents.

(b)if the DVO is an interstate order—under section 176I if the DVO were a recognised interstate order.

(2)The application must be in the approved form.

Subdivision 4 Transitional provisions for previous part 6

227   Existing registered interstate orders

(1)This section applies to an interstate order (a registered interstate order) that, immediately before the commencement—

(a)was in force in the State in which it was made; and

(b)was registered under previous part 6.

(2)The registered interstate order—

(a)continues to have the same effect as a protection order; and

(b)may continue to be enforced against a person as if it were a protection order that had been personally served on the person as a respondent.

(3)Subsection (2) applies for the period during which the registered interstate order, as originally made, is in force in the State in which it was made.

(4)Amended part 6, division 4 applies to a registered interstate order as though a reference in that division to a registered New Zealand order is a reference to a registered interstate order.

(5)Without limiting subsection (4), an application may be made and decided under section 176P for—

(a)a variation of the interstate order as it is registered 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 revocation of the registration of an interstate order.

(6)This section applies subject to section 176B.

(7)In this section—

interstate order means an order made by a court of another State under a law of the other State that was, immediately before the commencement, prescribed by regulation for previous part 6.

previous part 6 means part 6 as in force from time to time before the commencement.

State includes New Zealand.

228   Application to register New Zealand order as interstate order

(1)This section applies to an application to register a New Zealand order as an interstate order under previous section 170 if, immediately before the commencement, the application had not been finally dealt with.

(2)The application is taken to be an application to register the order under section 176L.

Division 4 Transitional provisions for Justice and Other Legislation Amendment Act 2021

229   Definitions for division

In this division—

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

repealed regulation means the Domestic and Family Violence Protection (COVID-19 Emergency Response) Regulation 2020, as in force immediately before the commencement.

230   Use of audio visual links or audio links

(1)This section applies to a proceeding to which section 6 of the repealed regulation applied and that—

(a)commenced before the commencement; but

(b)was not finalised immediately before the commencement.

(2)The proceeding may continue under new section 142A.

231   Particular applications for protection order filed before the commencement

(1)This section applies to an applicant who, before the commencement—

(a)filed an application for a protection order under former section 32; but

(b)did not verify the application under former section 32(2)(d).

(2)The repealed regulation, section 7 continues to apply to the applicant.

232   Particular variation applications filed before the commencement

(1)This section applies to an applicant who, before the commencement—

(a)filed an application for a variation of a domestic violence order under former section 86; but

(b)did not verify the application under former section 86(2)(d).

(2)The repealed regulation, section 8 continues to apply to the applicant.

Division 5 Transitional provisions for Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023

233   Definitions for division

In this division—

new, for a provision of this Act, means the provision as in force from the commencement.

234   Existing applications—considering respondent’s criminal history or domestic violence history

(1)This section applies to proceedings for the following applications, whether or not the proceedings had started before the commencement—

(a)an application for a protection order made but not decided before the commencement;

(b)an application for the variation of a domestic violence order made but not decided before the commencement.

(2)If, in the court’s opinion, the respondent’s criminal history and domestic violence history is relevant to deciding the application, the court may—

(a)ask for the respondent’s criminal history and domestic violence history; and

(b)consider the criminal history and domestic violence history in deciding the application.

(3)If the applicant for the application is not a police officer, the clerk of the court may ask the police commissioner for the criminal history and domestic violence history.

(4)If the court makes a request under subsection (2)(a), or the clerk makes a request under subsection (3), the police commissioner must ensure a copy of the respondent’s criminal history and domestic violence history—

(a)is filed in the court before the day and time to which the hearing of the application is adjourned; or

(b)is given to the court when the hearing of the application resumes.

(5)If the respondent does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of that fact.

(6)This section applies despite new sections 36A, 37, 90A and 91.

235   Existing cross applications

(1)This section applies to an application mentioned in new section 41C, 41D and 41G that was made, but not decided, before the commencement.

(2)New sections 41C, 41D and 41G apply to the application.

236   Substituted service orders for existing documents

A substituted service order may be made for a document under new section 184A regardless of whether the document was made before or after the commencement.

Division 6 Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024

237   Deciding period for which protection order continues in force

(1)The amendment of section 37 by the amending provision applies only to an application for a protection order that is made after the commencement.

(2)In this section—

amending provision means the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, section 27.

238   Application of s 47B to particular proceedings

(1)This section applies to a proceeding for an application for a protection order.

(2)Section 47B applies to the proceeding only if the application is filed after the commencement.

(3)However, if the application is a police protection notice taken to be an application for a protection order under section 112, section 47B applies to the proceeding only if the police protection notice is issued after the commencement.

239   Application of s 113 to particular proceedings

Section 113, as amended by the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, applies to a police protection notice, whether the notice is issued before or after the commencement.

240   Section 159(2)(f) applies to proceedings started after commencement

Section 159(2)(f) applies to information that relates to a proceeding under this Act only if the proceeding started after the commencement.

241   Section 161A applies to proceedings started after commencement

A judicial officer may give an authorisation under section 161A in relation to a copy of a transcript of a proceeding for an application for a domestic violence order only if the proceeding started after the commencement.

242   Amendments of standard conditions for domestic violence orders and police protection notices

(1)Section 56, as amended by the amending Act, applies to domestic violence orders made or varied after the commencement.

(2)Section 106, as amended by the amending Act, applies to police protection notices issued after the commencement.

(3)In this section—

amending Act means the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024.

Division 7 Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2025

243   Effectiveness of monitoring device condition after court stops being prescribed or pt 3, div 5, sdiv 3 expires

(1)This section applies if—

(a)a court imposes under part 3, division 5, subdivision 3 a monitoring device condition for a stated period; and

(b)either of the following events happens before the end of the stated period—

(i)the court stops being prescribed under section 66B(1)(b) as a court that can impose a monitoring device condition;

(ii)part 3, division 5, subdivision 3 expires.

(2)The monitoring device condition is taken to be effective until the end of the stated period despite the happening of either of the events.

244   Application of pt 3, div 5, sdiv 3 to proceeding to vary domestic violence order

To remove any doubt, it is declared that part 3, division 5, subdivision 3 applies to a proceeding to vary a domestic violence order whether the domestic violence order was made before or after the commencement.

Schedule Dictionary

section 5

accredited media entity, for part 5, division 4, see section 157D.

adult guardian ...

aggrieved see section 21(1).

alleged offence, for part 4A, see section 135C(1)(a) and (3).

appellate court means—

(a)for a decision made by the Magistrates Court, or the Childrens Court constituted by a Childrens Court magistrate or a magistrate—the District Court; or

(b)for a decision made by the District Court, the Supreme Court, or the Childrens Court constituted by a District Court judge—the Court of Appeal.

approved diversion program, for part 4A, see section 135A.

approved form means a form approved under section 191.

approved intervention program means a program approved by the chief executive under section 75(2).

approved provider means an entity approved by the chief executive under section 75(1) or 135T(1).

approved research means research approved by—

(a)a human research ethics committee under the Public Health Act 2005; or

(b)an ethics committee established by a university and concerned, wholly or partly, with research involving humans; or

(c)an ethics committee established by the National Health and Medical Research Council.

associate, of an aggrieved, see section 24(3).

associated domestic violence see section 9.

audio link see the Evidence Act 1977, section 39C.

audio visual link see the Evidence Act 1977, schedule 3.

authorised person, for an aggrieved, see section 25(2).

caravan includes a trailer.

chief executive (child protection) means the chief executive of the department in which the Child Protection Act 1999 is administered.

chief executive (magistrates court) means the chief executive of the department in which the Magistrates Courts Act 1921 is administered.

child—

(a)of an aggrieved, means a child who is—

(i)a biological, adopted, or step child of the aggrieved; or

(ii)in the care or custody of the aggrieved; or

(b)of a respondent, means a child who is—

(i)a biological, adopted, or step child of the respondent; or

(ii)in the care or custody of the respondent.

child protection proceeding means a proceeding under the Child Protection Act 1999.

Childrens Court means the Childrens Court under the Childrens Court Act 1992.

Childrens Court magistrate means a Childrens Court magistrate under the Childrens Court Act 1992.

child who usually lives with the aggrieved see section 24(2).

clerk, of a court, means—

(a)if the court is a Magistrates Court—a clerk of the Magistrates Court; or

(b)if the court is the Childrens Court—the person who, under the Childrens Court Act 1992, holds the same position as a clerk of the Magistrates Court, or clerk of the District Court, at which the relevant matter is dealt with; or

(c)if the court is the District Court—a registrar under the District Court of Queensland Act 1967; or

(d)if the court is the Court of Appeal—a registrar under the Supreme Court of Queensland Act 1991.

commencement, for part 10, division 1, see section 195.

consent means consent freely and voluntarily given by a person with capacity to give the consent.

contact details, for a person, means any or all of the following—

(a)the person’s telephone number;

(b)the person’s email address;

(c)the address of the person’s place of residence;

(d)the address of the person’s place of work.

cool-down condition see section 107(1).

corresponding law, for part 6, see section 171.

counselling—

(a)for part 3, division 6, see section 68; or

(b)for part 4A, see section 135A.

couple relationship see section 18.

court see section 6.

criminal history, of a person, means a document that states each conviction of, or charge made against, the person for an offence in Queensland or elsewhere, regardless of when the conviction or charge, or acts or omissions constituting the offence or alleged offence, happened.

cross application, for part 3, division 1A, see section 41A(1)(b), (2)(d)(ii) and (3)(c).

damage, to property, includes destruction or loss of the property.

detention period, for part 4, division 3, see section 119(3).

district means a district appointed under the Justices Act 1886 for the purposes of a Magistrates Court.

diversion order, for part 4A, see section 135B(1).

domestic violence see section 8.

domestic violence history, of a person, means a document that states each of the following orders made, or notices issued, against the person, regardless of when the order was made or notice issued—

(a)a domestic violence order;

(b)a police protection notice;

(c)a domestic violence order under the repealed Domestic and Family Violence Protection Act 1989;

(d)an interstate order;

(e)an order that corresponds to an interstate order made under a repealed law of another State;

(f)a New Zealand order.

domestic violence offence means—

(a)a domestic violence offence within the meaning of the Criminal Code, section 1; or

(b)an offence under part 7.

domestic violence order see section 23(2).

DVO, for part 6, see section 171.

economic abuse see section 12.

eligibility criteria, for part 4A, see section 135A.

emotional or psychological abuse see section 11.

engagement relationship see section 17.

exposed, to domestic violence, see section 10.

family law order means either of the following that relates to a child of a respondent or an aggrieved—

(a)an order, injunction, undertaking, plan or recognisance mentioned in the Family Law Act 1975 (Cwlth), section 68R;

(b)an order, injunction, undertaking, plan or bond mentioned in the Family Court Act 1997 (WA), section 176.

family relationship see section 19(1).

final order, for part 6, see section 171.

GPS means global positioning system.

identifying matter, in relation to a person, for part 5, division 4, see section 157D.

informal care relationship see section 20.

information, for part 5A, see section 169C.

interim order, for part 6, see section 171.

interstate law enforcement agency, for part 6, see section 171.

interstate order see section 173.

intervention order see section 69(1).

intimate personal relationship see section 14.

intoxicated means intoxicated by drugs or alcohol or by any other means.

issuing authority, for part 6, see section 171.

justice means a justice of the peace, but does not include a justice of the peace (commissioner for declarations) under the Justices of the Peace and Commissioners for Declarations Act 1991.

local Magistrates Court means—

(a)for a respondent named in a police protection notice—a Magistrates Court within the district where the police protection notice was issued against the respondent; or

(b)for a respondent named in an application for a protection order prepared by a police officer under section 118(1)—a Magistrates Court within the district where the respondent was taken into custody under section 116.

local order, for part 6, see section 172.

make, for part 6, see section 171.

monitoring device, for part 3, division 5, subdivision 3, see section 66A.

monitoring device condition, for part 3, division 5, subdivision 3, see section 66B(1).

most senior officer on duty, at a police station or police establishment, means the officer present at the station or establishment—

(a)who is most senior by rank; or

(b)if there is no officer who is most senior by rank—who is most senior by length of continuous service as an officer.

named person—

(a)in relation to a domestic violence order, see section 24(6); or

(b)in relation to a police protection notice, see section 101B (2).

New Zealand order see section 171.

no-contact condition see section 107A(1).

notice of completion, for part 4A, see section 135S(1).

offence involving domestic violence ...

original application, for part 3, division 1A, see section 41A(1)(a) and (2)(d)(i).

original protection order, for part 3, division 1A, see section 41A(3)(a).

ouster condition—

(a)in relation to a domestic violence order, see section 63; or

(b)in relation to a police protection notice, see section 107B.

parent, of a child, see section 16.

participating jurisdiction, for part 6, see section 171.

person most in need of protection, in a relevant relationship, see section 22A.

police commissioner ...

police establishment means a police establishment under the Police Service Administration Act 1990.

police prosecutor means a police officer or service legal officer whose duties include acting or appearing for the prosecution in a proceeding.

police protection notice see sections 101(1) and 101A(1).

possess, for part 3, division 8, see section 79.

premises includes any, or part of any, of the following (whether a public place or private property)—

(a)an area of land (including a road within the meaning of the Transport Operations (Road Use Management) Act 1995);

(b)a building or structure (whether movable or immovable), including a dwelling house;

(c)a vehicle, vessel or aircraft;

(d)a caravan or its site, or both the caravan and site.

prescribed entity—

(a)for part 3, division 5, subdivision 3, see section 66A; or

(b)for part 5A, see section 169C.

proceeding under this Act, for part 5, division 4, see section 157D.

properly notified, for part 6, see section 175.

property, of a person, means—

(a)property that the person owns; or

(b)property that 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 living.

prosecuting authority means the entity responsible for prosecuting the criminal proceeding.

protected person, for part 6, see section 171.

protected witness see section 150(1).

protection order means an order made under section 37.

public guardian means the public guardian under the Public Guardian Act 2014.

recognised interstate order see section 176A(1).

registered foreign order, for part 6, see section 174.

registered interstate order ...

registered New Zealand order, for part 6, see section 171.

registrar, of an appellate court, means—

(a)if the appellate court is the District Court—a registrar under the District Court of Queensland Act 1967; or

(b)if the appellate court is the Court of Appeal—a registrar under the Supreme Court of Queensland Act 1991.

relative, of a person, see section 19(2) to (5).

release conditions see section 125(2).

releasing police officer, in relation to a person in custody, means—

(a)if the person is in custody at a police station or police establishment—the most senior officer on duty at the station or establishment; or

(b)if the person is in custody at a watch-house—

(i)the watch-house manager; or

(ii)another police officer whose duties include performing functions at the watch-house in relation to persons in custody.

relevant relationship see section 13.

repealed Act, for part 10, division 1, see section 195.

respondent means—

(a)for part 6, see section 171; and

(b)otherwise—see section 21(3).

return condition—

(a)in relation to a domestic violence order, see section 65; or

(b)in relation to a police protection notice, see section 107C(1).

revoke, for part 6, see section 171.

safety device, for part 3, division 5, subdivision 3, see section 66A.

scheme, for part 4A, see section 135A.

send includes send by post, fax, e-mail or other electronic means.

service legal officer see the Police Service Administration Act 1990, section 10.24(3).

SMS message means a text message sent using the mobile phone service known as the short messaging service.

specialist DFV service provider, for part 5A, see section 169C.

spousal relationship see section 15.

spouse see section 15(2) and (3).

standard conditions—

(a)in relation to a domestic violence order, see section 56; or

(b)in relation to a police protection notice, see section 106.

substituted service order see section 184A(2).

suitability assessment report, for part 4A, see section 135A.

support service provider, for part 5A, see section 169C.

Supreme Court’s media accreditation policy, for part 5, division 4, see section 157D.

temporary protection order see section 23(3).

variation, of a domestic violence order or recognised interstate order, includes—

(a)a variation of a condition of the order; and

(b)a variation of the duration of the order; and

(c)a variation of the persons named in the order.

variation application—

(a)for part 3, division 1A, see section 41A(3)(b); and

(b)for part 6, see section 176I(1).

variation declaration see section 86(2)(d).

varied order see section 91(6).

verification declaration see section 32(2)(d).

voluntary intervention order ...

watch-house manager means a watch-house manager under the Police Powers and Responsibilities Act 2000, schedule 6.

weapon means a weapon under the Weapons Act.

Weapons Act means the Weapons Act 1990.

weapons licence means a licence under the Weapons Act.

whereabouts, of a person, means a place or locality where the person lives, works, frequents or visits.