{"id":"qld:act-2012-005","name":"Domestic and Family Violence Protection Act 2012","slug":"domestic-and-family-violence-protection-act-2012","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29767,"registerId":"qld-act-2012-005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Domestic and Family Violence Protection Act 2012 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on 17 September 2012.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Main objects","content":"## Main objects","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main objects","content":"### sec.3 Main objects\n\nThe main objects of this Act are—\nto maximise the safety, protection and wellbeing of people who fear or experience domestic violence, and to minimise disruption to their lives; and\nto prevent or reduce domestic violence and the exposure of children to domestic violence; and\nto ensure that people who commit domestic violence are held accountable for their actions.\nThe objects are to be achieved mainly by—\nallowing a court to make a domestic violence order to provide protection against further domestic violence; and\ngiving police particular powers to respond to domestic violence, including the power to issue a police protection direction or police protection notice; and\nimposing consequences for contravening a domestic violence order, police protection direction or police protection notice, in particular, liability for the commission of an offence.\ns 3 amd 2025 No. 18 s 4\n(sec.3-ssec.1) The main objects of this Act are— to maximise the safety, protection and wellbeing of people who fear or experience domestic violence, and to minimise disruption to their lives; and to prevent or reduce domestic violence and the exposure of children to domestic violence; and to ensure that people who commit domestic violence are held accountable for their actions.\n(sec.3-ssec.2) The objects are to be achieved mainly by— allowing a court to make a domestic violence order to provide protection against further domestic violence; and giving police particular powers to respond to domestic violence, including the power to issue a police protection direction or police protection notice; and imposing consequences for contravening a domestic violence order, police protection direction or police protection notice, in particular, liability for the commission of an offence.\n- (a) to maximise the safety, protection and wellbeing of people who fear or experience domestic violence, and to minimise disruption to their lives; and\n- (b) to prevent or reduce domestic violence and the exposure of children to domestic violence; and\n- (c) to ensure that people who commit domestic violence are held accountable for their actions.\n- (a) allowing a court to make a domestic violence order to provide protection against further domestic violence; and\n- (b) giving police particular powers to respond to domestic violence, including the power to issue a police protection direction or police protection notice; and\n- (c) imposing consequences for contravening a domestic violence order, police protection direction or police protection notice, in particular, liability for the commission of an offence.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Principles for administering Act","content":"### sec.4 Principles for administering Act\n\nThis 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.\nSubject to subsection (1) , this Act is also to be administered under the following principles—\npeople who fear or experience domestic violence, including children, should be treated with respect and disruption to their lives should be minimised;\nto 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;\nperpetrators 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;\nif people have characteristics that may make them particularly vulnerable to domestic violence, any response to the domestic violence should take account of those characteristics;\nwomen\nchildren\nAboriginal peoples and Torres Strait Islander peoples\npeople from a culturally or linguistically diverse background\npeople with disability\npeople who are lesbian, gay, bisexual, transgender or intersex\nelderly people\nin 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—\nthe person who is most in need of protection in the relationship should be identified; and\nonly 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;\na civil response under this Act should operate in conjunction with, not instead of, the criminal law.\ns 4 amd 2015 No. 34 s 4 ; 2023 No. 1 s 30\n(sec.4-ssec.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.\n(sec.4-ssec.2) Subject to subsection (1) , this Act is also to be administered under the following principles— people who fear or experience domestic violence, including children, should be treated with respect and disruption to their lives should be minimised; 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; 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; 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; 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 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— the person who is most in need of protection in the relationship should be identified; and 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; a civil response under this Act should operate in conjunction with, not instead of, the criminal law.\n- (a) people who fear or experience domestic violence, including children, should be treated with respect and disruption to their lives should be minimised;\n- (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;\n- (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;\n- (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\n- • women\n- • children\n- • Aboriginal peoples and Torres Strait Islander peoples\n- • people from a culturally or linguistically diverse background\n- • people with disability\n- • people who are lesbian, gay, bisexual, transgender or intersex\n- • elderly people\n- (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;\n- (i) the person who is most in need of protection in the relationship should be identified; and\n- (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;\n- (f) a civil response under this Act should operate in conjunction with, not instead of, the criminal law.\n- • women\n- • children\n- • Aboriginal peoples and Torres Strait Islander peoples\n- • people from a culturally or linguistically diverse background\n- • people with disability\n- • people who are lesbian, gay, bisexual, transgender or intersex\n- • elderly people\n- (i) the person who is most in need of protection in the relationship should be identified; and\n- (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;","sortOrder":6},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Dictionary","content":"### sec.5 Dictionary\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 5 amd 2012 No. 5 s 230 sch 1 pt 1","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of court","content":"### sec.6 Meaning of court\n\nCourt means—\nif an application is made to a Magistrates Court—the Magistrates Court; or\nif an application is made to a magistrate—the magistrate; or\nif a court convicts a person of a domestic violence offence—the court that convicts the person; or\nif the Childrens Court is hearing a child protection proceeding—the Childrens Court.\ns 6 amd 2016 No. 51 s 73 sch 1\n- (a) if an application is made to a Magistrates Court—the Magistrates Court; or\n- (b) if an application is made to a magistrate—the magistrate; or\n- (c) if a court convicts a person of a domestic violence offence—the court that convicts the person; or\n- (d) if the Childrens Court is hearing a child protection proceeding—the Childrens Court.","sortOrder":9},{"sectionNumber":"pt.2","sectionType":"part","heading":"Operation of Act","content":"# Operation of Act","sortOrder":10},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":"Purpose of this part","content":"### sec.7 Purpose of this part\n\nThis 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.\nIn 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.\n(sec.7-ssec.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.\n(sec.7-ssec.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.","sortOrder":12},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Domestic violence","content":"## Domestic violence","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of domestic violence","content":"### sec.8 Meaning of domestic violence\n\nDomestic 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—\nis physically or sexually abusive; or\nis emotionally or psychologically abusive; or\nis economically abusive; or\nis threatening; or\nis coercive; or\nin 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.\nBehaviour, or a pattern of behaviour, mentioned in subsection (1) —\nmay occur over a period of time; and\nmay 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\nis to be considered in the context of the relationship between the first person and the second person as a whole.\nWithout limiting subsection (1) or (2) , domestic violence includes the following behaviour—\ncausing personal injury to a person or threatening to do so;\ncoercing a person to engage in sexual activity or attempting to do so;\ndamaging a person’s property or threatening to do so;\ndepriving a person of the person’s liberty or threatening to do so;\nthreatening a person with the death or injury of the person, a child of the person, or someone else;\nthreatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;\ncausing 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;\nunauthorised surveillance of a person;\nunlawfully stalking, intimidating, harassing or abusing a person.\nA 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.\nTo 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.\nIn this section—\ncoerce , a person, means compel or force a person to do, or refrain from doing, something.\nunauthorised 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.\nreading a person’s SMS messages\nmonitoring a person’s email account or internet browser history\nmonitoring a person’s account with a social networking internet site\nusing a GPS device to track a person’s movements\nchecking the recorded history in a person’s GPS device\nunlawful stalking, intimidation, harassment or abuse see the Criminal Code , sections 359B and 359D .\ns 8 amd 2023 No. 1 s 31\n(sec.8-ssec.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— is physically or sexually abusive; or is emotionally or psychologically abusive; or is economically abusive; or is threatening; or is coercive; or 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.\n(sec.8-ssec.2) Behaviour, or a pattern of behaviour, mentioned in subsection (1) — may occur over a period of time; and 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 is to be considered in the context of the relationship between the first person and the second person as a whole.\n(sec.8-ssec.3) Without limiting subsection (1) or (2) , domestic violence includes the following behaviour— causing personal injury to a person or threatening to do so; coercing a person to engage in sexual activity or attempting to do so; damaging a person’s property or threatening to do so; depriving a person of the person’s liberty or threatening to do so; threatening a person with the death or injury of the person, a child of the person, or someone else; threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed; 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; unauthorised surveillance of a person; unlawfully stalking, intimidating, harassing or abusing a person.\n(sec.8-ssec.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.\n(sec.8-ssec.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.\n(sec.8-ssec.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. 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 .\n- (a) is physically or sexually abusive; or\n- (b) is emotionally or psychologically abusive; or\n- (c) is economically abusive; or\n- (d) is threatening; or\n- (e) is coercive; or\n- (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.\n- (a) may occur over a period of time; and\n- (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\n- (c) is to be considered in the context of the relationship between the first person and the second person as a whole.\n- (a) causing personal injury to a person or threatening to do so;\n- (b) coercing a person to engage in sexual activity or attempting to do so;\n- (c) damaging a person’s property or threatening to do so;\n- (d) depriving a person of the person’s liberty or threatening to do so;\n- (e) threatening a person with the death or injury of the person, a child of the person, or someone else;\n- (f) threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;\n- (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;\n- (h) unauthorised surveillance of a person;\n- (i) unlawfully stalking, intimidating, harassing or abusing a person.\n- • reading a person’s SMS messages\n- • monitoring a person’s email account or internet browser history\n- • monitoring a person’s account with a social networking internet site\n- • using a GPS device to track a person’s movements\n- • checking the recorded history in a person’s GPS device","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of associated domestic violence","content":"### sec.9 Meaning of associated domestic violence\n\nAssociated domestic violence means behaviour mentioned in section 8 (1) by a respondent towards—\na child of an aggrieved; or\na child who usually lives with an aggrieved; or\na relative of an aggrieved; or\nan associate of an aggrieved.\n- (a) a child of an aggrieved; or\n- (b) a child who usually lives with an aggrieved; or\n- (c) a relative of an aggrieved; or\n- (d) an associate of an aggrieved.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of exposed to domestic violence","content":"### sec.10 Meaning of exposed to domestic violence\n\nA child is exposed to domestic violence if the child sees or hears domestic violence or otherwise experiences the effects of domestic violence.\noverhearing threats of physical abuse\noverhearing repeated derogatory taunts, including racial taunts\nexperiencing financial stress arising from economic abuse\nseeing or hearing an assault\ncomforting or providing assistance to a person who has been physically abused\nobserving bruising or other injuries of a person who has been physically abused\ncleaning up a site after property has been damaged\nbeing present at a domestic violence incident that is attended by police officers\n- • overhearing threats of physical abuse\n- • overhearing repeated derogatory taunts, including racial taunts\n- • experiencing financial stress arising from economic abuse\n- • seeing or hearing an assault\n- • comforting or providing assistance to a person who has been physically abused\n- • observing bruising or other injuries of a person who has been physically abused\n- • cleaning up a site after property has been damaged\n- • being present at a domestic violence incident that is attended by police officers","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of emotional or psychological abuse","content":"### sec.11 Meaning of emotional or psychological abuse\n\nEmotional 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.\nfollowing a person when the person is out in public, including by vehicle or on foot\nremaining outside a person’s residence or place of work\nrepeatedly contacting a person by telephone, SMS message, email or social networking site without the person’s consent\nrepeated derogatory taunts, including racial taunts\nthreatening to disclose a person’s sexual orientation to the person’s friends or family without the person’s consent\nthreatening to withhold a person’s medication\npreventing 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\ns 11 amd 2023 No. 1 s 32\n- • following a person when the person is out in public, including by vehicle or on foot\n- • remaining outside a person’s residence or place of work\n- • repeatedly contacting a person by telephone, SMS message, email or social networking site without the person’s consent\n- • repeated derogatory taunts, including racial taunts\n- • threatening to disclose a person’s sexual orientation to the person’s friends or family without the person’s consent\n- • threatening to withhold a person’s medication\n- • 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","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of economic abuse","content":"### sec.12 Meaning of economic abuse\n\nEconomic 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—\nin a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or\nby 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.\ncoercing a person to relinquish control over assets and income\nremoving or keeping a person’s property without the person’s consent, or threatening to do so\ndisposing of property owned by a person, or owned jointly with a person, against the person’s wishes and without lawful excuse\nwithout lawful excuse, preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses\npreventing a person from seeking or keeping employment\ncoercing a person to claim social security payments\ncoercing a person to sign a power of attorney that would enable the person’s finances to be managed by another person\ncoercing a person to sign a contract for the purchase of goods or services\ncoercing a person to sign a contract for the provision of finance, a loan or credit\ncoercing a person to sign a contract of guarantee\ncoercing a person to sign any legal document for the establishment or operation of a business\ns 12 amd 2023 No. 1 s 33\n- (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\n- (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.\n- • coercing a person to relinquish control over assets and income\n- • removing or keeping a person’s property without the person’s consent, or threatening to do so\n- • disposing of property owned by a person, or owned jointly with a person, against the person’s wishes and without lawful excuse\n- • without lawful excuse, preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses\n- • preventing a person from seeking or keeping employment\n- • coercing a person to claim social security payments\n- • coercing a person to sign a power of attorney that would enable the person’s finances to be managed by another person\n- • coercing a person to sign a contract for the purchase of goods or services\n- • coercing a person to sign a contract for the provision of finance, a loan or credit\n- • coercing a person to sign a contract of guarantee\n- • coercing a person to sign any legal document for the establishment or operation of a business","sortOrder":18},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Relevant relationships","content":"## Relevant relationships","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of relevant relationship","content":"### sec.13 Meaning of relevant relationship\n\nA relevant relationship is—\nan intimate personal relationship; or\na family relationship; or\nan informal care relationship.\n- (a) an intimate personal relationship; or\n- (b) a family relationship; or\n- (c) an informal care relationship.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of intimate personal relationship","content":"### sec.14 Meaning of intimate personal relationship\n\nAn intimate personal relationship is—\na spousal relationship; or\nan engagement relationship; or\na couple relationship.\n- (a) a spousal relationship; or\n- (b) an engagement relationship; or\n- (c) a couple relationship.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of spousal relationship","content":"### sec.15 Meaning of spousal relationship\n\nA spousal relationship exists between spouses.\nA 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 .\nA spouse , of a person, includes—\na former spouse of the person; and\na parent, or former parent, of a child of the person.\nFor subsection (2) (b) , it is irrelevant whether there is or was any relationship between the parents of the child.\nIn this section—\nformer parent includes—\na birth parent who stops being a parent of a child under the Surrogacy Act 2010 , section 39 (2) (b) ; and\na 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 .\ns 15 amd 2013 No. 39 s 111 sch 4 ; 2020 No. 33 s 130\n(sec.15-ssec.1) A spousal relationship exists between spouses. 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 .\n(sec.15-ssec.2) A spouse , of a person, includes— a former spouse of the person; and a parent, or former parent, of a child of the person.\n(sec.15-ssec.3) For subsection (2) (b) , it is irrelevant whether there is or was any relationship between the parents of the child.\n(sec.15-ssec.4) In this section— former parent includes— a birth parent who stops being a parent of a child under the Surrogacy Act 2010 , section 39 (2) (b) ; and 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 .\n- (a) a former spouse of the person; and\n- (b) a parent, or former parent, of a child of the person.\n- (a) a birth parent who stops being a parent of a child under the Surrogacy Act 2010 , section 39 (2) (b) ; and\n- (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 .","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of parent","content":"### sec.16 Meaning of parent\n\nA parent , of a child, means—\nthe child’s mother or father; and\nanyone else, other than the chief executive (child protection), having or exercising parental responsibility for the child.\nHowever, a parent of a child does not include—\na person standing in the place of a parent of the child on a temporary basis; or\nan approved foster carer for the child; or\nan approved kinship carer for the child.\nA parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\nA parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.\nIn this section—\napproved foster carer see the Child Protection Act 1999 , schedule 3 .\napproved kinship carer see the Child Protection Act 1999 , schedule 3 .\n(sec.16-ssec.1) A parent , of a child, means— the child’s mother or father; and anyone else, other than the chief executive (child protection), having or exercising parental responsibility for the child.\n(sec.16-ssec.2) However, a parent of a child does not include— a person standing in the place of a parent of the child on a temporary basis; or an approved foster carer for the child; or an approved kinship carer for the child.\n(sec.16-ssec.3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.\n(sec.16-ssec.4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.\n(sec.16-ssec.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 .\n- (a) the child’s mother or father; and\n- (b) anyone else, other than the chief executive (child protection), having or exercising parental responsibility for the child.\n- (a) a person standing in the place of a parent of the child on a temporary basis; or\n- (b) an approved foster carer for the child; or\n- (c) an approved kinship carer for the child.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of engagement relationship","content":"### sec.17 Meaning of engagement relationship\n\nAn 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.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Meaning of couple relationship","content":"### sec.18 Meaning of couple relationship\n\nA couple relationship exists between 2 persons if the persons have or had a relationship as a couple.\nIn deciding whether a couple relationship exists, a court may have regard to the following—\nthe circumstances of the relationship between the persons, including, for example—\nthe degree of trust between the persons; and\nthe level of each person’s dependence on, and commitment to, the other person;\nthe length of time for which the relationship has existed or did exist;\nthe frequency of contact between the persons;\nthe degree of intimacy between the persons.\nWithout limiting subsection (2) , the court may consider the following factors in deciding whether a couple relationship exists—\nwhether the trust, dependence or commitment is or was of the same level;\nwhether 1 of the persons is or was financially dependent on the other;\nwhether the persons jointly own or owned any property;\nwhether the persons have or had joint bank accounts;\nwhether the relationship involves or involved a relationship of a sexual nature;\nwhether the relationship is or was exclusive.\nA 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) .\nA couple relationship may exist between 2 persons whether the persons are of the same or a different gender.\nA couple relationship does not exist merely because 2 persons date or dated each other on a number of occasions.\n(sec.18-ssec.1) A couple relationship exists between 2 persons if the persons have or had a relationship as a couple.\n(sec.18-ssec.2) In deciding whether a couple relationship exists, a court may have regard to the following— the circumstances of the relationship between the persons, including, for example— the degree of trust between the persons; and the level of each person’s dependence on, and commitment to, the other person; the length of time for which the relationship has existed or did exist; the frequency of contact between the persons; the degree of intimacy between the persons.\n(sec.18-ssec.3) Without limiting subsection (2) , the court may consider the following factors in deciding whether a couple relationship exists— whether the trust, dependence or commitment is or was of the same level; whether 1 of the persons is or was financially dependent on the other; whether the persons jointly own or owned any property; whether the persons have or had joint bank accounts; whether the relationship involves or involved a relationship of a sexual nature; whether the relationship is or was exclusive.\n(sec.18-ssec.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) .\n(sec.18-ssec.5) A couple relationship may exist between 2 persons whether the persons are of the same or a different gender.\n(sec.18-ssec.6) A couple relationship does not exist merely because 2 persons date or dated each other on a number of occasions.\n- (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;\n- (i) the degree of trust between the persons; and\n- (ii) the level of each person’s dependence on, and commitment to, the other person;\n- (b) the length of time for which the relationship has existed or did exist;\n- (c) the frequency of contact between the persons;\n- (d) the degree of intimacy between the persons.\n- (i) the degree of trust between the persons; and\n- (ii) the level of each person’s dependence on, and commitment to, the other person;\n- (a) whether the trust, dependence or commitment is or was of the same level;\n- (b) whether 1 of the persons is or was financially dependent on the other;\n- (c) whether the persons jointly own or owned any property;\n- (d) whether the persons have or had joint bank accounts;\n- (e) whether the relationship involves or involved a relationship of a sexual nature;\n- (f) whether the relationship is or was exclusive.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Meaning of family relationship and relative","content":"### sec.19 Meaning of family relationship and relative\n\nA family relationship exists between 2 persons if 1 of them is or was the relative of the other.\nA relative of a person is someone who is ordinarily understood to be or to have been connected to the person by blood or marriage.\nan 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\nthe 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\nthe 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\nthe individual’s step-siblings when the parent they do not have in common has died\nFor 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.\nA 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—\na person whom the first person regards or regarded as a relative;\na person who regards or regarded himself or herself as a relative of the first person.\nAboriginal people\nTorres Strait Islanders\nmembers of certain communities with non-English speaking backgrounds\npeople with particular religious beliefs\nIn deciding if a person is a relative of someone else—\na subsection of this section must not be used to limit another subsection of this section; and\neach 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.\n(sec.19-ssec.1) A family relationship exists between 2 persons if 1 of them is or was the relative of the other.\n(sec.19-ssec.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. 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 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\n(sec.19-ssec.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.\n(sec.19-ssec.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 person whom the first person regards or regarded as a relative; a person who regards or regarded himself or herself as a relative of the first person. Aboriginal people Torres Strait Islanders members of certain communities with non-English speaking backgrounds people with particular religious beliefs\n(sec.19-ssec.5) In deciding if a person is a relative of someone else— a subsection of this section must not be used to limit another subsection of this section; and 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.\n- • 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\n- • 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\n- • the individual’s step-siblings when the parent they do not have in common has died\n- (a) a person whom the first person regards or regarded as a relative;\n- (b) a person who regards or regarded himself or herself as a relative of the first person.\n- • Aboriginal people\n- • Torres Strait Islanders\n- • members of certain communities with non-English speaking backgrounds\n- • people with particular religious beliefs\n- (a) a subsection of this section must not be used to limit another subsection of this section; and\n- (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.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Meaning of informal care relationship","content":"### sec.20 Meaning of informal care relationship\n\nAn 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.\ndressing or other personal grooming of a person\npreparing a person’s meals or helping a person with eating meals\nshopping for a person’s groceries\ntelephoning a specialist to make a medical appointment for a person\nAn informal care relationship does not exist between a child and a parent of a child.\nAn 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.\nThe 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.\nFor subsection (3) —\na commercial arrangement may exist even if a person does not pay a fee for the help provided under the arrangement; and\nThe provision of help by a voluntary organisation for which a person does not pay a fee may still be under a commercial arrangement.\nan 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\nan 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.\n(sec.20-ssec.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. 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\n(sec.20-ssec.2) An informal care relationship does not exist between a child and a parent of a child.\n(sec.20-ssec.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. 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.\n(sec.20-ssec.4) For subsection (3) — a commercial arrangement may exist even if a person does not pay a fee for the help provided under the arrangement; and The provision of help by a voluntary organisation for which a person does not pay a fee may still be under a commercial arrangement. 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 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.\n- • dressing or other personal grooming of a person\n- • preparing a person’s meals or helping a person with eating meals\n- • shopping for a person’s groceries\n- • telephoning a specialist to make a medical appointment for a person\n- (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.\n- (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\n- (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.","sortOrder":27},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Overview","content":"## Overview","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Who is an aggrieved and who is a respondent","content":"### sec.21 Who is an aggrieved and who is a respondent\n\nAn aggrieved means the person for whose benefit a domestic violence order, police protection direction or police protection notice is in force or may be made under this Act.\nOnly 1 person may be named as the aggrieved in an application for a domestic violence order, or in a domestic violence order, police protection direction or police protection notice.\nA respondent means a person against whom a domestic violence order, police protection direction or police protection notice is in force or may be made under this Act.\nMore than 1 person may be named as the respondent in an application for a domestic violence order, or in a domestic violence order.\nOnly 1 person may be named as the respondent in a police protection direction or police protection notice.\ns 21 amd 2025 No. 18 s 5\n(sec.21-ssec.1) An aggrieved means the person for whose benefit a domestic violence order, police protection direction or police protection notice is in force or may be made under this Act.\n(sec.21-ssec.2) Only 1 person may be named as the aggrieved in an application for a domestic violence order, or in a domestic violence order, police protection direction or police protection notice.\n(sec.21-ssec.3) A respondent means a person against whom a domestic violence order, police protection direction or police protection notice is in force or may be made under this Act.\n(sec.21-ssec.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.\n(sec.21-ssec.5) Only 1 person may be named as the respondent in a police protection direction or police protection notice.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Child as aggrieved or respondent","content":"### sec.22 Child as aggrieved or respondent\n\nA 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.\nHowever, 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.\nSubsection (2) does not limit—\nthe interstate orders that are recognised interstate orders under part 6 ; or\nthe New Zealand orders that may be registered under part 6 , division 4 .\nTo remove any doubt, it is declared that a child can not be named as the aggrieved or respondent in a police protection direction.\nSee section 100C (1) (a) .\nIn this section—\nother party , named in an application, order or notice, means—\nin relation to an aggrieved—the respondent or any 1 of the respondents named in the application, order or notice; or\nin relation to a respondent—the aggrieved named in the application, order or notice.\ns 22 amd 2016 No. 51 s 51 ; 2025 No. 18 s 6\n(sec.22-ssec.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.\n(sec.22-ssec.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.\n(sec.22-ssec.3) Subsection (2) does not limit— the interstate orders that are recognised interstate orders under part 6 ; or the New Zealand orders that may be registered under part 6 , division 4 .\n(sec.22-ssec.4) To remove any doubt, it is declared that a child can not be named as the aggrieved or respondent in a police protection direction. See section 100C (1) (a) .\n(sec.22-ssec.5) In this section— other party , named in an application, order or notice, means— in relation to an aggrieved—the respondent or any 1 of the respondents named in the application, order or notice; or in relation to a respondent—the aggrieved named in the application, order or notice.\n- (a) the interstate orders that are recognised interstate orders under part 6 ; or\n- (b) the New Zealand orders that may be registered under part 6 , division 4 .\n- (a) in relation to an aggrieved—the respondent or any 1 of the respondents named in the application, order or notice; or\n- (b) in relation to a respondent—the aggrieved named in the application, order or notice.","sortOrder":30},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Who is the person most in need of protection in a relevant relationship","content":"### sec.22A Who is the person most in need of protection in a relevant relationship\n\nA 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—\nthe behaviour of the second person towards the first person is, more likely than not—\nabusive, threatening or coercive; or\ncontrolling 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\nthe first person’s behaviour towards the second person is, more likely than not—\nfor 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\nin 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\nattributable to the cumulative effect of the second person’s domestic violence towards the first person.\nIn deciding which person in a relevant relationship is the person most in need of protection, the following matters must be considered—\nthe history of the relevant relationship, and of domestic violence, between the persons;\nthe nature and severity of the harm caused to each person by the behaviour of the other person;\nthe level of fear experienced by each person because of the behaviour of the other person;\nwhich person has the capacity—\nto seriously harm the other person; or\nto 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);\nwhether the persons have characteristics that may make them particularly vulnerable to domestic violence.\nwomen\nchildren\nAboriginal peoples and Torres Strait Islander peoples\npeople from a culturally or linguistically diverse background\npeople with disability\npeople who are lesbian, gay, bisexual, transgender or intersex\nelderly people\ns 22A ins 2023 No. 1 s 34\namd 2025 No. 18 s 7\n(sec.22A-ssec.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— the behaviour of the second person towards the first person is, more likely than not— abusive, threatening or coercive; or 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 the first person’s behaviour towards the second person is, more likely than not— 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 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 attributable to the cumulative effect of the second person’s domestic violence towards the first person.\n(sec.22A-ssec.2) In deciding which person in a relevant relationship is the person most in need of protection, the following matters must be considered— the history of the relevant relationship, and of domestic violence, between the persons; the nature and severity of the harm caused to each person by the behaviour of the other person; the level of fear experienced by each person because of the behaviour of the other person; which person has the capacity— to seriously harm the other person; or 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); whether the persons have characteristics that may make them 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\n- (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\n- (i) abusive, threatening or coercive; or\n- (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\n- (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.\n- (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\n- (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\n- (iii) attributable to the cumulative effect of the second person’s domestic violence towards the first person.\n- (i) abusive, threatening or coercive; or\n- (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\n- (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\n- (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\n- (iii) attributable to the cumulative effect of the second person’s domestic violence towards the first person.\n- (a) the history of the relevant relationship, and of domestic violence, between the persons;\n- (b) the nature and severity of the harm caused to each person by the behaviour of the other person;\n- (c) the level of fear experienced by each person because of the behaviour of the other person;\n- (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);\n- (i) to seriously harm the other person; or\n- (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);\n- (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\n- • women\n- • children\n- • Aboriginal peoples and Torres Strait Islander peoples\n- • people from a culturally or linguistically diverse background\n- • people with disability\n- • people who are lesbian, gay, bisexual, transgender or intersex\n- • elderly people\n- (i) to seriously harm the other person; or\n- (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);\n- • women\n- • children\n- • Aboriginal peoples and Torres Strait Islander peoples\n- • people from a culturally or linguistically diverse background\n- • people with disability\n- • people who are lesbian, gay, bisexual, transgender or intersex\n- • elderly people","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"What orders can a court make to prevent domestic violence","content":"### sec.23 What orders can a court make to prevent domestic violence\n\nA court can make a domestic violence order against a respondent for the benefit of an aggrieved.\nA domestic violence order means—\na protection order; or\na temporary protection order.\nA 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.\nSometimes, the court can make a domestic violence order even though the person against whom the order is made—\nis not notified about an application for a domestic violence order; or\ndoes not appear in court.\n(sec.23-ssec.1) A court can make a domestic violence order against a respondent for the benefit of an aggrieved.\n(sec.23-ssec.2) A domestic violence order means— a protection order; or a temporary protection order.\n(sec.23-ssec.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.\n(sec.23-ssec.4) Sometimes, the court can make a domestic violence order even though the person against whom the order is made— is not notified about an application for a domestic violence order; or does not appear in court.\n- (a) a protection order; or\n- (b) a temporary protection order.\n- (a) is not notified about an application for a domestic violence order; or\n- (b) does not appear in court.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Who can a domestic violence order protect","content":"### sec.24 Who can a domestic violence order protect\n\nAs well as the aggrieved, the following persons can be protected by a domestic violence order—\na child of the aggrieved;\na child who usually lives with the aggrieved;\na relative of the aggrieved;\nan associate of the aggrieved.\nA 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.\nAn associate of the aggrieved means either of the following persons if it is reasonable to regard the person as an associate—\na person whom the aggrieved regards as an associate;\na person who regards himself or herself as an associate of the aggrieved.\na person who is the current spouse or partner of the aggrieved\na person who works at the same place as the aggrieved\na person who lives at the same place as the aggrieved\na person who provides support or assistance to the aggrieved, including, for example, a friend or neighbour\nA person mentioned in subsection (1) is protected by being specifically named in the domestic violence order under section 52 or 53 .\nThe person may be specifically named in the domestic violence order when it is made or at a later time if it is varied.\nThe specifically named person is called a named person .\n(sec.24-ssec.1) As well as the aggrieved, the following persons can be protected by a domestic violence order— a child of the aggrieved; a child who usually lives with the aggrieved; a relative of the aggrieved; an associate of the aggrieved.\n(sec.24-ssec.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.\n(sec.24-ssec.3) An associate of the aggrieved means either of the following persons if it is reasonable to regard the person as an associate— a person whom the aggrieved regards as an associate; a person who regards himself or herself as an associate 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\n(sec.24-ssec.4) A person mentioned in subsection (1) is protected by being specifically named in the domestic violence order under section 52 or 53 .\n(sec.24-ssec.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.\n(sec.24-ssec.6) The specifically named person is called a named person .\n- (a) a child of the aggrieved;\n- (b) a child who usually lives with the aggrieved;\n- (c) a relative of the aggrieved;\n- (d) an associate of the aggrieved.\n- (a) a person whom the aggrieved regards as an associate;\n- (b) a person who regards himself or herself as an associate of the aggrieved.\n- • a person who is the current spouse or partner of the aggrieved\n- • a person who works at the same place as the aggrieved\n- • a person who lives at the same place as the aggrieved\n- • a person who provides support or assistance to the aggrieved, including, for example, a friend or neighbour","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Who can apply for a protection order","content":"### sec.25 Who can apply for a protection order\n\nAn application for a protection order can be made only by—\nan aggrieved; or\nan authorised person for an aggrieved; or\na police officer under part 4 ; or\na person acting under another Act for the aggrieved.\na guardian for a personal matter of the aggrieved under the Guardianship and Administration Act 2000\nan attorney for a personal matter of the aggrieved under an enduring power of attorney under the Powers of Attorney Act 1998\nAn authorised person for an aggrieved means—\nan adult authorised in writing by the aggrieved to appear on behalf of the aggrieved; or\nan 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.\nA 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.\nA 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.\ns 25 amd 2025 No. 18 s 8\n(sec.25-ssec.1) An application for a protection order can be made only by— an aggrieved; or an authorised person for an aggrieved; or a police officer under part 4 ; or a person acting under another Act for the aggrieved. 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\n(sec.25-ssec.2) An authorised person for an aggrieved means— an adult authorised in writing by the aggrieved to appear on behalf of the aggrieved; or 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. 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.\n(sec.25-ssec.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.\n- (a) an aggrieved; or\n- (b) an authorised person for an aggrieved; or\n- (c) a police officer under part 4 ; or\n- (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\n- • a guardian for a personal matter of the aggrieved under the Guardianship and Administration Act 2000\n- • an attorney for a personal matter of the aggrieved under an enduring power of attorney under the Powers of Attorney Act 1998\n- • a guardian for a personal matter of the aggrieved under the Guardianship and Administration Act 2000\n- • an attorney for a personal matter of the aggrieved under an enduring power of attorney under the Powers of Attorney Act 1998\n- (a) an adult authorised in writing by the aggrieved to appear on behalf of the aggrieved; or\n- (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.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"When can a court make a protection order","content":"### sec.26 When can a court make a protection order\n\nA court can make a protection order if—\nan application for a protection order is made to the court by any of the persons mentioned in section 25 (1) ; or\nthe court convicts a person of a domestic violence offence; or\nthe court is the Childrens Court hearing a child protection proceeding.\ns 26 amd 2016 No. 51 s 73 sch 1\n- (a) an application for a protection order is made to the court by any of the persons mentioned in section 25 (1) ; or\n- (b) the court convicts a person of a domestic violence offence; or\n- (c) the court is the Childrens Court hearing a child protection proceeding.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"When can a court make a temporary protection order","content":"### sec.27 When can a court make a temporary protection order\n\nA court can make a temporary protection order if—\nthe court adjourns a proceeding mentioned in section 44 (1) (a) , (b) or (c) ; or\nthe applicant for a protection order has asked the clerk of the court under section 36 for the application to be heard by the court—\nbefore the application is served on the respondent; or\nbefore the application is served on the respondent and without the applicant giving the court a verification declaration; or\nthe 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—\nbefore the application is served on the respondent; or\nbefore the application is served on the respondent and without the applicant giving the court a variation declaration; or\na police officer applies for a temporary protection order under part 4 , division 4 .\ns 27 amd 2021 No. 23 s 6 ; 2022 No. 12 s 52 sch 1 pt 1\n- (a) the court adjourns a proceeding mentioned in section 44 (1) (a) , (b) or (c) ; or\n- (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\n- (i) before the application is served on the respondent; or\n- (ii) before the application is served on the respondent and without the applicant giving the court a verification declaration; or\n- (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\n- (i) before the application is served on the respondent; or\n- (ii) before the application is served on the respondent and without the applicant giving the court a variation declaration; or\n- (d) a police officer applies for a temporary protection order under part 4 , division 4 .\n- (i) before the application is served on the respondent; or\n- (ii) before the application is served on the respondent and without the applicant giving the court a verification declaration; or\n- (i) before the application is served on the respondent; or\n- (ii) before the application is served on the respondent and without the applicant giving the court a variation declaration; or","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"What are the conditions of a domestic violence order","content":"### sec.28 What are the conditions of a domestic violence order\n\nIf a court makes a domestic violence order—\nthe respondent must be of good behaviour and must not commit domestic violence or associated domestic violence; and\nif 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\nthe respondent must comply with any other conditions imposed by the court and stated in the order.\nSee part 3 , division 5 for provisions about the other conditions a court can impose on the respondent.\ns 28 amd 2016 No. 51 s 73 sch 1\n- (a) the respondent must be of good behaviour and must not commit domestic violence or associated domestic violence; and\n- (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\n- (c) the respondent must comply with any other conditions imposed by the court and stated in the order.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"What happens if circumstances change after a domestic violence order is made","content":"### sec.29 What happens if circumstances change after a domestic violence order is made\n\nIf circumstances change after a domestic violence order is made, a person can apply under section 86 for a variation of the order.\nA 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.\nA 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 .\n- 1 A 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.\n- 2 A 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 .","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"What can happen if a respondent does not comply with a domestic violence order","content":"### sec.30 What can happen if a respondent does not comply with a domestic violence order\n\nIf 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.\nAn aggrieved, named person or anyone else can complain to a police officer that the respondent is not complying with the order.\ns 30 amd 2016 No. 51 s 52\n(sec.30-ssec.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.\n(sec.30-ssec.2) An aggrieved, named person or anyone else can complain to a police officer that the respondent is not complying with the order.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"What is the effect of an order made in another State or New Zealand","content":"### sec.31 What is the effect of an order made in another State or New Zealand\n\nIf 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.\nIf a person has obtained a New Zealand order, the New Zealand order—\nmay be registrable in Queensland under part 6 or in another State under a corresponding law; and\nif registered in Queensland or another State, is a recognised interstate order under part 6 and enforceable under this Act.\ns 31 sub 2016 No. 51 s 53\n(sec.31-ssec.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.\n(sec.31-ssec.2) If a person has obtained a New Zealand order, the New Zealand order— may be registrable in Queensland under part 6 or in another State under a corresponding law; and if registered in Queensland or another State, is a recognised interstate order under part 6 and enforceable under this Act.\n- (a) may be registrable in Queensland under part 6 or in another State under a corresponding law; and\n- (b) if registered in Queensland or another State, is a recognised interstate order under part 6 and enforceable under this Act.","sortOrder":40},{"sectionNumber":"pt.3","sectionType":"part","heading":"Domestic violence orders","content":"# Domestic violence orders","sortOrder":41},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Protection orders","content":"## Protection orders","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application for protection order","content":"### sec.32 Application for protection order\n\nAn application for a protection order may be made to a Magistrates Court by—\nan aggrieved; or\nan authorised person for an aggrieved; or\na police officer under part 4 ; or\na person acting under another Act for an aggrieved.\nThe application must—\nbe in the approved form; and\nstate the grounds on which it is made; and\nstate the nature of the order sought; and\nif the applicant is not a police officer—be verified by the applicant by a statutory declaration (a verification declaration ); and\nbe filed in the court.\nHowever, 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) .\ns 32 amd 2021 No. 23 s 7 ; 2025 No. 18 s 9\n(sec.32-ssec.1) An application for a protection order may be made to a Magistrates Court by— an aggrieved; or an authorised person for an aggrieved; or a police officer under part 4 ; or a person acting under another Act for an aggrieved.\n(sec.32-ssec.2) The application must— be in the approved form; and state the grounds on which it is made; and state the nature of the order sought; and if the applicant is not a police officer—be verified by the applicant by a statutory declaration (a verification declaration ); and be filed in the court.\n(sec.32-ssec.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) .\n- (a) an aggrieved; or\n- (b) an authorised person for an aggrieved; or\n- (c) a police officer under part 4 ; or\n- (d) a person acting under another Act for an aggrieved.\n- (a) be in the approved form; and\n- (b) state the grounds on which it is made; and\n- (c) state the nature of the order sought; and\n- (d) if the applicant is not a police officer—be verified by the applicant by a statutory declaration (a verification declaration ); and\n- (e) be filed in the court.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Fixing of date, time and place for hearing","content":"### sec.33 Fixing of date, time and place for hearing\n\nIf 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.\nIf 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—\nwrite on a copy of the application the date, time and place for the hearing of the application; and\ngive the copy of the application to—\nthe applicant; and\nthe officer in charge of the police station nearest the place where the respondent lives or was last known to live.\n(sec.33-ssec.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.\n(sec.33-ssec.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— write on a copy of the application the date, time and place for the hearing of the application; and give the copy of the application to— the applicant; and the officer in charge of the police station nearest the place where the respondent lives or was last known to live.\n- (a) write on a copy of the application the date, time and place for the hearing of the application; and\n- (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.\n- (i) the applicant; and\n- (ii) the officer in charge of the police station nearest the place where the respondent lives or was last known to live.\n- (i) the applicant; and\n- (ii) the officer in charge of the police station nearest the place where the respondent lives or was last known to live.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Service of application","content":"### sec.34 Service of application\n\nA police officer must personally serve the copy of the application prepared under section 33 (1) or (2) (a) on the respondent.\nUnder section 36 an applicant may ask the court for a hearing before the application is served on the respondent.\nThe copy of the application must state that, if the respondent does not appear in court—\na domestic violence order may be made in the respondent’s absence; or\nthe 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.\nTo 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.\nSection 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.\ns 34 amd 2016 No. 51 s 73 sch 1 ; 2021 No. 23 s 8\n(sec.34-ssec.1) A police officer must personally serve the copy of the application prepared under section 33 (1) or (2) (a) on the respondent. Under section 36 an applicant may ask the court for a hearing before the application is served on the respondent.\n(sec.34-ssec.2) The copy of the application must state that, if the respondent does not appear in court— a domestic violence order may be made in the respondent’s absence; or 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.\n(sec.34-ssec.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. Section 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.\n- (a) a domestic violence order may be made in the respondent’s absence; or\n- (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.","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Copy of application must be given to aggrieved","content":"### sec.35 Copy of application must be given to aggrieved\n\nIf the applicant for a protection order is not the aggrieved, the applicant must give a copy of the application to the aggrieved.\nFailure to comply with subsection (1) does not invalidate or otherwise affect an application for a protection order.\n(sec.35-ssec.1) If the applicant for a protection order is not the aggrieved, the applicant must give a copy of the application to the aggrieved.\n(sec.35-ssec.2) Failure to comply with subsection (1) does not invalidate or otherwise affect an application for a protection order.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Applicant may ask clerk of court for hearing before respondent is served or without giving verification declaration","content":"### sec.36 Applicant may ask clerk of court for hearing before respondent is served or without giving verification declaration\n\nThis section applies for the purpose of the court making a temporary protection order under division 2 .\nThe applicant for a protection order may ask the clerk of the court to arrange for the application to be heard by the court—\nbefore the application is served on the respondent; or\nbefore the application is served on the respondent and without the applicant giving the court a verification declaration.\nThis section applies despite section 34 .\ns 36 sub 2021 No. 23 s 9\n(sec.36-ssec.1) This section applies for the purpose of the court making a temporary protection order under division 2 .\n(sec.36-ssec.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— before the application is served on the respondent; or before the application is served on the respondent and without the applicant giving the court a verification declaration.\n(sec.36-ssec.3) This section applies despite section 34 .\n- (a) before the application is served on the respondent; or\n- (b) before the application is served on the respondent and without the applicant giving the court a verification declaration.","sortOrder":47},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Court must be given respondent’s criminal history and domestic violence history and other information","content":"### sec.36A Court must be given respondent’s criminal history and domestic violence history and other information\n\nThis section applies if—\na police officer makes an application for a protection order; or\nthe 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\na 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; or\na copy of a police protection direction issued by a police officer is filed in the court, under section 100ZA , to be heard as an application for a protection order; or\nan application for a review of a police protection direction under section 100Z is taken to be an application for a protection order under section 100ZB (2) .\nThe police commissioner must ensure a copy of the respondent’s criminal history and domestic violence history—\nis filed in the court—\nwith an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or\nbefore the date and time stated in the application for the first hearing of the application; or\nis given to the court when the application is first heard.\nIf the respondent does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of that fact.\nIf a police protection direction is in effect in relation to the aggrieved and respondent (regardless of who is the aggrieved and who is the respondent in relation to the direction), the police commissioner must also give the following information with the copy filed or given under subsection (2) or information given under subsection (3) —\na copy of the direction; and\nthe signed written notice stating the grounds for issuing the direction prepared, by the police officer who issued the direction, under section 100O (2) .\ns 36A ins 2023 No. 1 s 35\namd 2025 No. 18 s 10\n(sec.36A-ssec.1) This section applies if— a police officer makes an application for a protection order; or 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 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; or a copy of a police protection direction issued by a police officer is filed in the court, under section 100ZA , to be heard as an application for a protection order; or an application for a review of a police protection direction under section 100Z is taken to be an application for a protection order under section 100ZB (2) .\n(sec.36A-ssec.2) The police commissioner must ensure a copy of the respondent’s criminal history and domestic violence history— is filed in the court— with an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or before the date and time stated in the application for the first hearing of the application; or is given to the court when the application is first heard.\n(sec.36A-ssec.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.\n(sec.36A-ssec.4) If a police protection direction is in effect in relation to the aggrieved and respondent (regardless of who is the aggrieved and who is the respondent in relation to the direction), the police commissioner must also give the following information with the copy filed or given under subsection (2) or information given under subsection (3) — a copy of the direction; and the signed written notice stating the grounds for issuing the direction prepared, by the police officer who issued the direction, under section 100O (2) .\n- (a) a police officer makes an application for a protection order; or\n- (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\n- (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; or\n- (d) a copy of a police protection direction issued by a police officer is filed in the court, under section 100ZA , to be heard as an application for a protection order; or\n- (e) an application for a review of a police protection direction under section 100Z is taken to be an application for a protection order under section 100ZB (2) .\n- (a) is filed in the court— (i) with an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or (ii) before the date and time stated in the application for the first hearing of the application; or\n- (i) with an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or\n- (ii) before the date and time stated in the application for the first hearing of the application; or\n- (i) with an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or\n- (ii) before the date and time stated in the application for the first hearing of the application; or\n- (b) is given to the court when the application is first heard.\n- (a) a copy of the direction; and\n- (b) the signed written notice stating the grounds for issuing the direction prepared, by the police officer who issued the direction, under section 100O (2) .","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"When court may make protection order","content":"### sec.37 When court may make protection order\n\nA 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—\na relevant relationship exists between the aggrieved and the respondent; and\nthe respondent has committed domestic violence against the aggrieved; and\nSee 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 .\nthe protection order is necessary or desirable to protect the aggrieved from domestic violence.\nIn deciding whether a protection order is necessary or desirable to protect the aggrieved from domestic violence—\nthe court must consider—\nthe principles mentioned in section 4 ; and\nif 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\nthe respondent’s criminal history and domestic violence history filed in or given to the court under section 36A ; and\nif 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.\nHowever, the court must not refuse to make a protection order merely because—\nthe respondent has complied with an intervention order or a diversion order previously made against the respondent; or\na police protection direction has been issued against the respondent and is still in force.\nIf 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.\nIf 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.\nSee section 97 for matters to be considered when deciding the period for which a protection order is to continue in force.\nThis section applies subject to section 41G .\ns 37 amd 2016 No. 51 s 4 ; 2023 No. 1 s 36 ; 2024 No. 5 ss 27 , 38 ; 2025 No. 18 s 11\n(sec.37-ssec.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 relevant relationship exists between the aggrieved and the respondent; and the respondent has committed domestic violence against the aggrieved; and 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 . the protection order is necessary or desirable to protect the aggrieved from domestic violence.\n(sec.37-ssec.2) In deciding whether a protection order is necessary or desirable to protect the aggrieved from domestic violence— the court must consider— the principles mentioned in section 4 ; and 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 the respondent’s criminal history and domestic violence history filed in or given to the court under section 36A ; and 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.\n(sec.37-ssec.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; or a police protection direction has been issued against the respondent and is still in force.\n(sec.37-ssec.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.\n(sec.37-ssec.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. See section 97 for matters to be considered when deciding the period for which a protection order is to continue in force.\n(sec.37-ssec.6) This section applies subject to section 41G .\n- (a) a relevant relationship exists between the aggrieved and the respondent; and\n- (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 .\n- (c) the protection order is necessary or desirable to protect the aggrieved from domestic violence.\n- (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\n- (i) the principles mentioned in section 4 ; and\n- (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\n- (iii) the respondent’s criminal history and domestic violence history filed in or given to the court under section 36A ; and\n- (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.\n- (i) the principles mentioned in section 4 ; and\n- (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\n- (iii) the respondent’s criminal history and domestic violence history filed in or given to the court under section 36A ; and\n- (a) the respondent has complied with an intervention order or a diversion order previously made against the respondent; or\n- (b) a police protection direction has been issued against the respondent and is still in force.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Hearing of application—appearance of respondent","content":"### sec.38 Hearing of application—appearance of respondent\n\nThis section applies if a respondent appears before the court that is to hear and decide an application for a protection order.\nThe court may—\nhear and decide the application; or\nadjourn the application, whether or not it makes a temporary protection order under division 2 ; or\nsubject to subsection (3) , dismiss the application without deciding it.\nThe court may dismiss an application without deciding it only if—\nthe applicant has not appeared; and\nif the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and\nno other person eligible to apply for the protection order has appeared.\nThe dismissal of an application does not affect the right of the applicant to make a further application against the respondent.\n(sec.38-ssec.1) This section applies if a respondent appears before the court that is to hear and decide an application for a protection order.\n(sec.38-ssec.2) The court may— hear and decide the application; or adjourn the application, whether or not it makes a temporary protection order under division 2 ; or subject to subsection (3) , dismiss the application without deciding it.\n(sec.38-ssec.3) The court may dismiss an application without deciding it only if— the applicant has not appeared; and if the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and no other person eligible to apply for the protection order has appeared.\n(sec.38-ssec.4) The dismissal of an application does not affect the right of the applicant to make a further application against the respondent.\n- (a) hear and decide the application; or\n- (b) adjourn the application, whether or not it makes a temporary protection order under division 2 ; or\n- (c) subject to subsection (3) , dismiss the application without deciding it.\n- (a) the applicant has not appeared; and\n- (b) if the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and\n- (c) no other person eligible to apply for the protection order has appeared.","sortOrder":50},{"sectionNumber":"sec.39","sectionType":"section","heading":"Hearing of application—non-appearance of respondent","content":"### sec.39 Hearing of application—non-appearance of respondent\n\nThis 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.\nIf 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.\nThe court may—\nhear and decide the application in the absence of the respondent; or\nadjourn the application, whether or not it makes a temporary protection order under division 2 ; or\nsubject 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.\n(sec.39-ssec.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. 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.\n(sec.39-ssec.2) The court may— hear and decide the application in the absence of the respondent; or adjourn the application, whether or not it makes a temporary protection order under division 2 ; or 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.\n- (a) hear and decide the application in the absence of the respondent; or\n- (b) adjourn the application, whether or not it makes a temporary protection order under division 2 ; or\n- (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.","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"Hearing of application—before respondent is served","content":"### sec.40 Hearing of application—before respondent is served\n\nThis section applies if a court hears an application for a protection order before the application is served on the respondent.\nThe court may adjourn the application, whether or not it makes a temporary protection order under division 2 .\n(sec.40-ssec.1) This section applies if a court hears an application for a protection order before the application is served on the respondent.\n(sec.40-ssec.2) The court may adjourn the application, whether or not it makes a temporary protection order under division 2 .","sortOrder":52},{"sectionNumber":"pt.3-div.1A","sectionType":"division","heading":"Cross applications","content":"## Cross applications","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Definitions for division","content":"### sec.41 Definitions for division\n\nIn this division—\ncross application see section 41A (1) (b) , (2) (d) (ii) and (3) (c) .\noriginal application see section 41A (1) (a) and (2) (d) (i) .\noriginal protection order see section 41A (3) (a) .\nvariation application see section 41A (3) (b) .\ns 41 sub 2015 No. 34 s 5","sortOrder":54},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Application of particular provisions","content":"### sec.41A Application of particular provisions\n\nSections 41B to 41E apply if—\nan application (the original application ) for a protection order has been made and is before a court; and\na second application for a protection order (the cross application ) has been made and is before the same court or another court; and\na person named as a respondent in the original application is named as the aggrieved in the cross application; and\nthe person named as the aggrieved in the original application is named as a respondent in the cross application.\nAlso, sections 41B to 41E apply if—\n2 protection orders have been made by the same court or by different courts; and\na 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\nthe person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and\nboth of the following applications have been made and are before a court—\nan application to vary the first protection order (also the original application );\nan application to vary the second protection order (also the cross application ) made after the original application.\nIn addition, sections 41B to 41E apply if—\na protection order (the original protection order ) has been made; and\nan application for variation of the original protection order (the variation application ) has been made and is before a court; and\nan application for a second protection order (also the cross application ) has been made and is before a court; and\na person named as a respondent in the original protection order is named as the aggrieved in the cross application; and\nthe person named as the aggrieved in the original protection order is named as a respondent in the cross application.\nFor subsection (3) , it does not matter whether the variation application was made before or after the cross application.\ns 41A ins 2015 No. 34 s 5\n(sec.41A-ssec.1) Sections 41B to 41E apply if— an application (the original application ) for a protection order has been made and is before a court; and a second application for a protection order (the cross application ) has been made and is before the same court or another court; and a person named as a respondent in the original application is named as the aggrieved in the cross application; and the person named as the aggrieved in the original application is named as a respondent in the cross application.\n(sec.41A-ssec.2) Also, sections 41B to 41E apply if— 2 protection orders have been made by the same court or by different courts; and 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 the person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and both of the following applications have been made and are before a court— an application to vary the first protection order (also the original application ); an application to vary the second protection order (also the cross application ) made after the original application.\n(sec.41A-ssec.3) In addition, sections 41B to 41E apply if— a protection order (the original protection order ) has been made; and an application for variation of the original protection order (the variation application ) has been made and is before a court; and an application for a second protection order (also the cross application ) has been made and is before a court; and a person named as a respondent in the original protection order is named as the aggrieved in the cross application; and the person named as the aggrieved in the original protection order is named as a respondent in the cross application.\n(sec.41A-ssec.4) For subsection (3) , it does not matter whether the variation application was made before or after the cross application.\n- (a) an application (the original application ) for a protection order has been made and is before a court; and\n- (b) a second application for a protection order (the cross application ) has been made and is before the same court or another court; and\n- (c) a person named as a respondent in the original application is named as the aggrieved in the cross application; and\n- (d) the person named as the aggrieved in the original application is named as a respondent in the cross application.\n- (a) 2 protection orders have been made by the same court or by different courts; and\n- (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\n- (c) the person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and\n- (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.\n- (i) an application to vary the first protection order (also the original application );\n- (ii) an application to vary the second protection order (also the cross application ) made after the original application.\n- (i) an application to vary the first protection order (also the original application );\n- (ii) an application to vary the second protection order (also the cross application ) made after the original application.\n- (a) a protection order (the original protection order ) has been made; and\n- (b) an application for variation of the original protection order (the variation application ) has been made and is before a court; and\n- (c) an application for a second protection order (also the cross application ) has been made and is before a court; and\n- (d) a person named as a respondent in the original protection order is named as the aggrieved in the cross application; and\n- (e) the person named as the aggrieved in the original protection order is named as a respondent in the cross application.","sortOrder":55},{"sectionNumber":"sec.41B","sectionType":"section","heading":"Parties must disclose cross applications","content":"### sec.41B Parties must disclose cross applications\n\nEach of the following persons must inform the court to which the original application or cross application was made about the other application—\na person who is a party to a proceeding for the original application and is aware of the cross application;\na person who is a party to a proceeding for the cross application and is aware of the original application.\nAlso, each of the following persons must inform the court to which the variation application or cross application was made about the other application—\na person who is a party to the variation application and is aware of the cross application;\na person who is a party to the cross application and is aware of the variation application.\nIn this section—\nparty includes an aggrieved.\ns 41B ins 2015 No. 34 s 5\n(sec.41B-ssec.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 person who is a party to a proceeding for the original application and is aware of the cross application; a person who is a party to a proceeding for the cross application and is aware of the original application.\n(sec.41B-ssec.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 person who is a party to the variation application and is aware of the cross application; a person who is a party to the cross application and is aware of the variation application.\n(sec.41B-ssec.3) In this section— party includes an aggrieved.\n- (a) a person who is a party to a proceeding for the original application and is aware of the cross application;\n- (b) a person who is a party to a proceeding for the cross application and is aware of the original application.\n- (a) a person who is a party to the variation application and is aware of the cross application;\n- (b) a person who is a party to the cross application and is aware of the variation application.","sortOrder":56},{"sectionNumber":"sec.41C","sectionType":"section","heading":"Hearing of applications—cross applications before same court","content":"### sec.41C Hearing of applications—cross applications before same court\n\nThis section applies if—\neither—\nthe original application and cross application are before the same court; or\nthe variation application and cross application are before the same court; and\nthe court is aware of both applications.\nThe court must—\nhear the applications together; and\nin hearing the applications, consider—\nthe principle mentioned in section 4 (2) (e) ; and\nwhether 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.\nSee, 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.\nIf 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.\ns 41C ins 2015 No. 34 s 5\namd 2023 No. 1 s 37\n(sec.41C-ssec.1) This section applies if— either— the original application and cross application are before the same court; or the variation application and cross application are before the same court; and the court is aware of both applications.\n(sec.41C-ssec.2) The court must— hear the applications together; and in hearing the applications, consider— the principle mentioned in section 4 (2) (e) ; and 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. 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.\n(sec.41C-ssec.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.\n- (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\n- (i) the original application and cross application are before the same court; or\n- (ii) the variation application and cross application are before the same court; and\n- (b) the court is aware of both applications.\n- (i) the original application and cross application are before the same court; or\n- (ii) the variation application and cross application are before the same court; and\n- (a) hear the applications together; and\n- (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.\n- (i) the principle mentioned in section 4 (2) (e) ; and\n- (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.\n- (i) the principle mentioned in section 4 (2) (e) ; and\n- (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.","sortOrder":57},{"sectionNumber":"sec.41D","sectionType":"section","heading":"Hearing of applications—cross applications before different courts","content":"### sec.41D Hearing of applications—cross applications before different courts\n\nThis section applies if—\neither—\nthe original application and the cross application are before different courts; or\nthe variation application and the cross application are before different courts; and\na court hearing either application is aware of both applications.\nThe court must consider whether to, and may—\nhear the applications together; or\norder that the application before the court be dealt with by the other court.\nIf the court hears the applications, the court must consider—\nthe principle mentioned in section 4 (2) (e) ; and\nwhether 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.\nSee, 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.\nIf 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.\ns 41D ins 2015 No. 34 s 5\namd 2023 No. 1 s 38\n(sec.41D-ssec.1) This section applies if— either— the original application and the cross application are before different courts; or the variation application and the cross application are before different courts; and a court hearing either application is aware of both applications.\n(sec.41D-ssec.2) The court must consider whether to, and may— hear the applications together; or order that the application before the court be dealt with by the other court.\n(sec.41D-ssec.3) If the court hears the applications, the court must consider— the principle mentioned in section 4 (2) (e) ; and 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. 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.\n(sec.41D-ssec.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.\n- (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\n- (i) the original application and the cross application are before different courts; or\n- (ii) the variation application and the cross application are before different courts; and\n- (b) a court hearing either application is aware of both applications.\n- (i) the original application and the cross application are before different courts; or\n- (ii) the variation application and the cross application are before different courts; and\n- (a) hear the applications together; or\n- (b) order that the application before the court be dealt with by the other court.\n- (a) the principle mentioned in section 4 (2) (e) ; and\n- (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.","sortOrder":58},{"sectionNumber":"sec.41E","sectionType":"section","heading":"Hearing of applications—unreasonable notice of cross application","content":"### sec.41E Hearing of applications—unreasonable notice of cross application\n\nSubsection (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.\nThe 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.\nSubsection (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.\nThe 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.\nSubsection (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.\nThe 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.\nIf the consent mentioned in subsection (2) , (4) or (6) is not given, the court must—\nadjourn the hearing of the cross application; and\nif 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.\nSubsection (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.\nThe 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.\nIf the consent mentioned in subsection (9) is not given, the court must—\nadjourn the hearing of the variation application; and\nif 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.\nIn this section—\nreasonable period means—\nat least 1 business day before the day of the hearing of the original application or variation application; or\nwithin a longer period before the day of the hearing of the original application or variation application the court considers is reasonable in the circumstances.\ns 41E ins 2015 No. 34 s 5\n(sec.41E-ssec.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.\n(sec.41E-ssec.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.\n(sec.41E-ssec.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.\n(sec.41E-ssec.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.\n(sec.41E-ssec.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.\n(sec.41E-ssec.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.\n(sec.41E-ssec.7) If the consent mentioned in subsection (2) , (4) or (6) is not given, the court must— adjourn the hearing of the cross application; and 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.\n(sec.41E-ssec.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.\n(sec.41E-ssec.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.\n(sec.41E-ssec.10) If the consent mentioned in subsection (9) is not given, the court must— adjourn the hearing of the variation application; and 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.\n(sec.41E-ssec.11) In this section— reasonable period means— at least 1 business day before the day of the hearing of the original application or variation application; or 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.\n- (a) adjourn the hearing of the cross application; and\n- (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.\n- (a) adjourn the hearing of the variation application; and\n- (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.\n- (a) at least 1 business day before the day of the hearing of the original application or variation application; or\n- (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.","sortOrder":59},{"sectionNumber":"sec.41F","sectionType":"section","heading":"Hearing of application—existing protection order","content":"### sec.41F Hearing of application—existing protection order\n\nSubsections (2) and (3) apply if—\na protection order has been made by a court; and\nan application for another protection order has been made and is before the same court or another court; and\na person named as a respondent in the protection order is named as the aggrieved in the application; and\nthe person named as the aggrieved in the protection order is named as a respondent in the application.\nEach 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.\nThe court hearing the application must take into account the court records relating to the making of the protection order.\nSubsections (5) and (6) apply if—\n2 protection orders have been made by the same court or by different courts; and\na 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\nthe person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and\nan application to vary either of the protection orders has been made and is before a court.\nEach 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.\nThe court hearing the application must take into account the court records relating to the making of both protection orders.\nIn this section—\nparty includes an aggrieved.\ns 41F ins 2015 No. 34 s 5\n(sec.41F-ssec.1) Subsections (2) and (3) apply if— a protection order has been made by a court; and an application for another protection order has been made and is before the same court or another court; and a person named as a respondent in the protection order is named as the aggrieved in the application; and the person named as the aggrieved in the protection order is named as a respondent in the application.\n(sec.41F-ssec.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.\n(sec.41F-ssec.3) The court hearing the application must take into account the court records relating to the making of the protection order.\n(sec.41F-ssec.4) Subsections (5) and (6) apply if— 2 protection orders have been made by the same court or by different courts; and 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 the person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and an application to vary either of the protection orders has been made and is before a court.\n(sec.41F-ssec.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.\n(sec.41F-ssec.6) The court hearing the application must take into account the court records relating to the making of both protection orders.\n(sec.41F-ssec.7) In this section— party includes an aggrieved.\n- (a) a protection order has been made by a court; and\n- (b) an application for another protection order has been made and is before the same court or another court; and\n- (c) a person named as a respondent in the protection order is named as the aggrieved in the application; and\n- (d) the person named as the aggrieved in the protection order is named as a respondent in the application.\n- (a) 2 protection orders have been made by the same court or by different courts; and\n- (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\n- (c) the person named as the aggrieved in the first protection order is named as a respondent in the second protection order; and\n- (d) an application to vary either of the protection orders has been made and is before a court.","sortOrder":60},{"sectionNumber":"sec.41G","sectionType":"section","heading":"Deciding cross applications","content":"### sec.41G Deciding cross applications\n\nThis section applies to a court hearing the following applications together under section 41C , 41D or 41E —\nthe original application and cross application;\nthe variation application and cross application.\nThe court must decide—\nwhich of the parties to the relevant relationship is the person most in need of protection in the relationship; and\nthe 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\nif the other application is an application for a protection order—to dismiss the other application; and\nif 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.\nDespite subsection (2) , the court may make, or vary, a protection order under both applications if the court is satisfied that, in exceptional circumstances—\nthere is clear evidence that each of the parties to the relevant relationship is in need of protection from the other party; and\nit is not possible to decide whether 1 party’s need for protection is greater than the other party’s need for protection.\nThe 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—\nthe original application and the cross application mentioned in section 41A (1) ; or\nthe first protection order and second protection order mentioned in section 41A (2) ; or\nthe original protection order and the cross application mentioned in section 41A (3) .\ns 41G ins 2023 No. 1 s 39\n(sec.41G-ssec.1) This section applies to a court hearing the following applications together under section 41C , 41D or 41E — the original application and cross application; the variation application and cross application.\n(sec.41G-ssec.2) The court must decide— which of the parties to the relevant relationship is the person most in need of protection in the relationship; and 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 if the other application is an application for a protection order—to dismiss the other application; and 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.\n(sec.41G-ssec.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— there is clear evidence that each of the parties to the relevant relationship is in need of protection from the other party; and it is not possible to decide whether 1 party’s need for protection is greater than the other party’s need for protection.\n(sec.41G-ssec.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— the original application and the cross application mentioned in section 41A (1) ; or the first protection order and second protection order mentioned in section 41A (2) ; or the original protection order and the cross application mentioned in section 41A (3) .\n- (a) the original application and cross application;\n- (b) the variation application and cross application.\n- (a) which of the parties to the relevant relationship is the person most in need of protection in the relationship; and\n- (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\n- (c) if the other application is an application for a protection order—to dismiss the other application; and\n- (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.\n- (a) there is clear evidence that each of the parties to the relevant relationship is in need of protection from the other party; and\n- (b) it is not possible to decide whether 1 party’s need for protection is greater than the other party’s need for protection.\n- (a) the original application and the cross application mentioned in section 41A (1) ; or\n- (b) the first protection order and second protection order mentioned in section 41A (2) ; or\n- (c) the original protection order and the cross application mentioned in section 41A (3) .","sortOrder":61},{"sectionNumber":"pt.3-div.1B","sectionType":"division","heading":"Domestic violence orders in criminal and child protection proceedings","content":"## Domestic violence orders in criminal and child protection proceedings","sortOrder":62},{"sectionNumber":"sec.42","sectionType":"section","heading":"When court on its own initiative can make or vary order against offender","content":"### sec.42 When court on its own initiative can make or vary order against offender\n\nThis section applies if a court convicts a person (the offender ) of a domestic violence offence.\nThe 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.\nDespite 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.\nIf a domestic violence order is already in force against the offender, the court—\nmust 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\nmay, on its own initiative, vary the order.\nHowever, 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—\nthe offender;\nthe prosecuting authority for the offence;\nif reasonably practicable, the person who is or would be named as the aggrieved in the order.\nA court exercising jurisdiction under this section—\nmay make the protection order, or vary the domestic violence order, before the offender is discharged by the court or otherwise leaves the court; or\nmay 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 .\nIf the court adjourns the matter under subsection (6) (b) , the court—\nmust 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—\na protection order may be made, or a domestic violence order varied, in the offender’s absence; and\nthe 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\nmay issue any direction that it considers necessary.\nIf the offender fails to appear at the later time and day to which the matter is adjourned, the court may—\nmake a protection order against the offender, or vary a domestic violence order against the offender, in the offender’s absence; or\nadjourn the matter further and may, in the meantime, make a temporary protection order under division 2 ; or\nsubject 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.\nDespite 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.\nThis section does not limit the power of the court to make any other order against the offender.\nTo remove any doubt, it is declared that section 145 applies to a proceeding to make or vary a protection order under this section.\ns 42 amd 2016 No. 51 s 73 sch 1 ; 2023 No. 1 s 40\n(sec.42-ssec.1) This section applies if a court convicts a person (the offender ) of a domestic violence offence.\n(sec.42-ssec.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.\n(sec.42-ssec.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.\n(sec.42-ssec.4) If a domestic violence order is already in force against the offender, the court— 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 may, on its own initiative, vary the order.\n(sec.42-ssec.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— the offender; the prosecuting authority for the offence; if reasonably practicable, the person who is or would be named as the aggrieved in the order.\n(sec.42-ssec.6) A court exercising jurisdiction under this section— 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 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 .\n(sec.42-ssec.7) If the court adjourns the matter under subsection (6) (b) , the court— 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— a protection order may be made, or a domestic violence order varied, in the offender’s absence; and 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 may issue any direction that it considers necessary.\n(sec.42-ssec.8) If the offender fails to appear at the later time and day to which the matter is adjourned, the court may— make a protection order against the offender, or vary a domestic violence order against the offender, in the offender’s absence; or adjourn the matter further and may, in the meantime, make a temporary protection order under division 2 ; or 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.\n(sec.42-ssec.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.\n(sec.42-ssec.10) This section does not limit the power of the court to make any other order against the offender.\n(sec.42-ssec.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.\n- (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\n- (b) may, on its own initiative, vary the order.\n- (a) the offender;\n- (b) the prosecuting authority for the offence;\n- (c) if reasonably practicable, the person who is or would be named as the aggrieved in the order.\n- (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\n- (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 .\n- (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\n- (i) a protection order may be made, or a domestic violence order varied, in the offender’s absence; and\n- (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\n- (b) may issue any direction that it considers necessary.\n- (i) a protection order may be made, or a domestic violence order varied, in the offender’s absence; and\n- (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\n- (a) make a protection order against the offender, or vary a domestic violence order against the offender, in the offender’s absence; or\n- (b) adjourn the matter further and may, in the meantime, make a temporary protection order under division 2 ; or\n- (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.","sortOrder":63},{"sectionNumber":"sec.43","sectionType":"section","heading":"When Childrens Court can make or vary order against parent of a child","content":"### sec.43 When Childrens Court can make or vary order against parent of a child\n\nThis section applies if the Childrens Court is hearing a child protection proceeding.\nThe 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—\nthe court is satisfied that, under section 37 , a protection order could be made against the parent; and\nthe 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.\nIf 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—\nby varying the date the order ends; or\nto ensure the terms of the order are consistent with an order proposed to be made in the child protection proceeding.\nThe 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.\nHowever, 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.\nDespite 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.\nA court exercising jurisdiction under this section—\nmay make the protection order, or vary the domestic violence order, during the hearing of the child protection proceeding; or\nmay 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 .\nIf the court adjourns the matter under subsection (7) (b) , the court—\nmust 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—\na protection order may be made, or a domestic violence order varied, in the parent’s absence; and\nthe 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\nmay issue any direction that it considers necessary.\nIf the parent fails to appear at the later time and day to which the matter is adjourned, the court may—\nmake a protection order against the parent, or vary a domestic violence order against the parent, in the parent’s absence; or\nadjourn the matter further and may, in the meantime, make a temporary protection order under division 2 ; or\nsubject 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.\nThis section does not limit the power of the court to make any order under the Child Protection Act 1999 .\nIn this section—\nparty , to a child protection proceeding, means—\na child for whom an order is sought in the proceeding; or\na separate legal representative, if any, for a child mentioned in paragraph (a) ; or\nan applicant or respondent in the proceeding.\nseparate legal representative means a lawyer appointed under the Child Protection Act 1999 , section 110 .\ns 43 amd 2023 No. 1 s 41\n(sec.43-ssec.1) This section applies if the Childrens Court is hearing a child protection proceeding.\n(sec.43-ssec.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— the court is satisfied that, under section 37 , a protection order could be made against the parent; and 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.\n(sec.43-ssec.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— by varying the date the order ends; or to ensure the terms of the order are consistent with an order proposed to be made in the child protection proceeding.\n(sec.43-ssec.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.\n(sec.43-ssec.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.\n(sec.43-ssec.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.\n(sec.43-ssec.7) A court exercising jurisdiction under this section— may make the protection order, or vary the domestic violence order, during the hearing of the child protection proceeding; or 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 .\n(sec.43-ssec.8) If the court adjourns the matter under subsection (7) (b) , the court— 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— a protection order may be made, or a domestic violence order varied, in the parent’s absence; and 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 may issue any direction that it considers necessary.\n(sec.43-ssec.9) If the parent fails to appear at the later time and day to which the matter is adjourned, the court may— make a protection order against the parent, or vary a domestic violence order against the parent, in the parent’s absence; or adjourn the matter further and may, in the meantime, make a temporary protection order under division 2 ; or 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.\n(sec.43-ssec.10) This section does not limit the power of the court to make any order under the Child Protection Act 1999 .\n(sec.43-ssec.11) In this section— party , to a child protection proceeding, means— a child for whom an order is sought in the proceeding; or a separate legal representative, if any, for a child mentioned in paragraph (a) ; or an applicant or respondent in the proceeding. separate legal representative means a lawyer appointed under the Child Protection Act 1999 , section 110 .\n- (a) the court is satisfied that, under section 37 , a protection order could be made against the parent; and\n- (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.\n- (a) by varying the date the order ends; or\n- (b) to ensure the terms of the order are consistent with an order proposed to be made in the child protection proceeding.\n- (a) may make the protection order, or vary the domestic violence order, during the hearing of the child protection proceeding; or\n- (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 .\n- (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\n- (i) a protection order may be made, or a domestic violence order varied, in the parent’s absence; and\n- (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\n- (b) may issue any direction that it considers necessary.\n- (i) a protection order may be made, or a domestic violence order varied, in the parent’s absence; and\n- (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\n- (a) make a protection order against the parent, or vary a domestic violence order against the parent, in the parent’s absence; or\n- (b) adjourn the matter further and may, in the meantime, make a temporary protection order under division 2 ; or\n- (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.\n- (a) a child for whom an order is sought in the proceeding; or\n- (b) a separate legal representative, if any, for a child mentioned in paragraph (a) ; or\n- (c) an applicant or respondent in the proceeding.","sortOrder":64},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Temporary protection orders","content":"## Temporary protection orders","sortOrder":65},{"sectionNumber":"sec.44","sectionType":"section","heading":"When court may make temporary protection order","content":"### sec.44 When court may make temporary protection order\n\nA court may make a temporary protection order if—\nthe court adjourns the hearing of an application for a protection order; or\nthe court adjourns the hearing of an application for a variation of a domestic violence order; or\nthe court adjourns a proceeding mentioned in section 42 or 43 ; or\nthe applicant for a protection order has asked the clerk of the court under section 36 for the application to be heard by the court—\nbefore the application is served on the respondent; or\nbefore the application is served on the respondent and without the applicant giving the court a verification declaration; or\nthe 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—\nbefore the application is served on the respondent; or\nbefore the application is served on the respondent and without the applicant giving the court a variation declaration; or\nan application for a temporary protection order is made to the court by a police officer under part 4 , division 4 .\nFor subsection (1) (a) —\nif the application is a police protection direction taken to be an application for a protection order under section 100ZB (1) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought—\nare stated in a statement mentioned in section 100ZA (1) (c) ; or\nhave otherwise been made known to the court; and\nif the application is an application for a review of a police protection direction taken to be an application for a protection order under section 100ZB (2) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought—\nare stated in the application for the review; or\nhave otherwise been made known to the court; and\nif 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—\nare stated in the police protection notice; or\nare stated in a statement mentioned in section 111 (3) that has been filed under that section; or\nhave otherwise been made known to the court.\ns 44 amd 2016 No. 51 s 5 ; 2021 No. 23 s 10 ; 2025 No. 18 s 12\n(sec.44-ssec.1) A court may make a temporary protection order if— the court adjourns the hearing of an application for a protection order; or the court adjourns the hearing of an application for a variation of a domestic violence order; or the court adjourns a proceeding mentioned in section 42 or 43 ; or 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— before the application is served on the respondent; or before the application is served on the respondent and without the applicant giving the court a verification declaration; or 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— before the application is served on the respondent; or before the application is served on the respondent and without the applicant giving the court a variation declaration; or an application for a temporary protection order is made to the court by a police officer under part 4 , division 4 .\n(sec.44-ssec.2) For subsection (1) (a) — if the application is a police protection direction taken to be an application for a protection order under section 100ZB (1) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— are stated in a statement mentioned in section 100ZA (1) (c) ; or have otherwise been made known to the court; and if the application is an application for a review of a police protection direction taken to be an application for a protection order under section 100ZB (2) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— are stated in the application for the review; or have otherwise been made known to the court; and 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— are stated in the police protection notice; or are stated in a statement mentioned in section 111 (3) that has been filed under that section; or have otherwise been made known to the court.\n- (a) the court adjourns the hearing of an application for a protection order; or\n- (b) the court adjourns the hearing of an application for a variation of a domestic violence order; or\n- (c) the court adjourns a proceeding mentioned in section 42 or 43 ; or\n- (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\n- (i) before the application is served on the respondent; or\n- (ii) before the application is served on the respondent and without the applicant giving the court a verification declaration; or\n- (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\n- (i) before the application is served on the respondent; or\n- (ii) before the application is served on the respondent and without the applicant giving the court a variation declaration; or\n- (f) an application for a temporary protection order is made to the court by a police officer under part 4 , division 4 .\n- (i) before the application is served on the respondent; or\n- (ii) before the application is served on the respondent and without the applicant giving the court a verification declaration; or\n- (i) before the application is served on the respondent; or\n- (ii) before the application is served on the respondent and without the applicant giving the court a variation declaration; or\n- (a) if the application is a police protection direction taken to be an application for a protection order under section 100ZB (1) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— (i) are stated in a statement mentioned in section 100ZA (1) (c) ; or (ii) have otherwise been made known to the court; and\n- (i) are stated in a statement mentioned in section 100ZA (1) (c) ; or\n- (ii) have otherwise been made known to the court; and\n- (b) if the application is an application for a review of a police protection direction taken to be an application for a protection order under section 100ZB (2) , it does not matter whether or not the nature of the protection order sought and the grounds on which the order is sought— (i) are stated in the application for the review; or (ii) have otherwise been made known to the court; and\n- (i) are stated in the application for the review; or\n- (ii) have otherwise been made known to the court; and\n- (c) 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— (i) are stated in the police protection notice; or (ii) are stated in a statement mentioned in section 111 (3) that has been filed under that section; or (iii) have otherwise been made known to the court.\n- (i) are stated in the police protection notice; or\n- (ii) are stated in a statement mentioned in section 111 (3) that has been filed under that section; or\n- (iii) have otherwise been made known to the court.\n- (i) are stated in a statement mentioned in section 100ZA (1) (c) ; or\n- (ii) have otherwise been made known to the court; and\n- (i) are stated in the application for the review; or\n- (ii) have otherwise been made known to the court; and\n- (i) are stated in the police protection notice; or\n- (ii) are stated in a statement mentioned in section 111 (3) that has been filed under that section; or\n- (iii) have otherwise been made known to the court.","sortOrder":66},{"sectionNumber":"sec.45","sectionType":"section","heading":"Matters court must be satisfied of","content":"### sec.45 Matters court must be satisfied of\n\nA court may make a temporary protection order against a respondent only if the court is satisfied that—\na relevant relationship exists between the aggrieved and the respondent; and\nthe respondent has committed domestic violence against the aggrieved.\nSubsection (1) does not apply if the court makes a temporary protection order under section 44 (1) (b) .\nIn 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.\ns 45 amd 2021 No. 23 s 11 ; 2023 No. 1 s 42\n(sec.45-ssec.1) A court may make a temporary protection order against a respondent only if the court is satisfied that— a relevant relationship exists between the aggrieved and the respondent; and the respondent has committed domestic violence against the aggrieved.\n(sec.45-ssec.2) Subsection (1) does not apply if the court makes a temporary protection order under section 44 (1) (b) .\n(sec.45-ssec.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.\n- (a) a relevant relationship exists between the aggrieved and the respondent; and\n- (b) the respondent has committed domestic violence against the aggrieved.","sortOrder":67},{"sectionNumber":"sec.46","sectionType":"section","heading":"Standard of evidence","content":"### sec.46 Standard of evidence\n\nA 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.","sortOrder":68},{"sectionNumber":"sec.47","sectionType":"section","heading":"Temporary protection order when respondent has not been served","content":"### sec.47 Temporary protection order when respondent has not been served\n\nThis section applies if—\na 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\nthe respondent is not present in court.\nThe 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.\nTo remove any doubt, it is declared that this section applies in addition to section 45 .\n(sec.47-ssec.1) This section applies if— 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 the respondent is not present in court.\n(sec.47-ssec.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.\n(sec.47-ssec.3) To remove any doubt, it is declared that this section applies in addition to section 45 .\n- (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\n- (b) the respondent is not present in court.","sortOrder":69},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Temporary protection order when applicant unable to give declaration","content":"### sec.47A Temporary protection order when applicant unable to give declaration\n\nThis section applies if—\nan applicant for a protection order has not given a court a verification declaration; or\nan applicant for a variation of a domestic violence order has not given a court a variation declaration.\nThe 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.\nTo remove any doubt, it is declared that this section applies in addition to section 45 .\nUnder section 142A a Magistrates Court may enable a person to take an oath or make an affirmation by audio visual link or audio link.\ns 47A ins 2021 No. 23 s 12\n(sec.47A-ssec.1) This section applies if— an applicant for a protection order has not given a court a verification declaration; or an applicant for a variation of a domestic violence order has not given a court a variation declaration.\n(sec.47A-ssec.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.\n(sec.47A-ssec.3) To remove any doubt, it is declared that this section applies in addition to section 45 .\n- (a) an applicant for a protection order has not given a court a verification declaration; or\n- (b) an applicant for a variation of a domestic violence order has not given a court a variation declaration.","sortOrder":70},{"sectionNumber":"sec.47B","sectionType":"section","heading":"When court must consider making temporary protection order on adjournment","content":"### sec.47B When court must consider making temporary protection order on adjournment\n\nThis section applies to a proceeding for an application for a protection order.\nUnder section 112 , a police protection notice is taken to be an application for a protection order.\nIf 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.\ns 47B ins 2024 No. 5 s 29\n(sec.47B-ssec.1) This section applies to a proceeding for an application for a protection order. Under section 112 , a police protection notice is taken to be an application for a protection order.\n(sec.47B-ssec.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.","sortOrder":71},{"sectionNumber":"sec.48","sectionType":"section","heading":"Temporary protection order in relation to application for variation","content":"### sec.48 Temporary protection order in relation to application for variation\n\nThis section applies if the court adjourns the hearing of an application for a variation of a domestic violence order (the first domestic violence order ).\nThe 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—\nthe aggrieved;\nanother person named in the first domestic violence order;\nif the application for the variation seeks to name another person in the first domestic violence order—the other person.\nIf the court makes a temporary protection order under subsection (2) , the first domestic violence order is suspended.\nThe 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 .\nThe suspension ends, and the first domestic violence order is revived—\nwhen the court varies the first domestic violence order and the varied order takes effect under section 99 ; or\nwhen the court refuses to vary the first domestic violence order and the respondent is told about the refusal; or\nwhen the application for variation of the first domestic violence order is withdrawn and the respondent is told about the withdrawal.\nFor subsection (5) (b) or (c) , the respondent may be told about the refusal or withdrawal—\nif the respondent is present in court when the refusal or withdrawal happens—by the court; or\notherwise—by a police officer.\nFor 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.\nWhen the first domestic violence order is revived—\nit is enforceable against the respondent as if it had never been suspended; and\ndespite anything in section 98 , the temporary protection order made under subsection (2) ends.\ns 48 sub 2013 No. 35 s 66\namd 2015 No. 34 s 6\n(sec.48-ssec.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 ).\n(sec.48-ssec.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— the aggrieved; another person named in the first domestic violence order; if the application for the variation seeks to name another person in the first domestic violence order—the other person.\n(sec.48-ssec.3) If the court makes a temporary protection order under subsection (2) , the first domestic violence order is suspended.\n(sec.48-ssec.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 .\n(sec.48-ssec.5) The suspension ends, and the first domestic violence order is revived— when the court varies the first domestic violence order and the varied order takes effect under section 99 ; or when the court refuses to vary the first domestic violence order and the respondent is told about the refusal; or when the application for variation of the first domestic violence order is withdrawn and the respondent is told about the withdrawal.\n(sec.48-ssec.6) For subsection (5) (b) or (c) , the respondent may be told about the refusal or withdrawal— if the respondent is present in court when the refusal or withdrawal happens—by the court; or otherwise—by a police officer.\n(sec.48-ssec.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.\n(sec.48-ssec.8) When the first domestic violence order is revived— it is enforceable against the respondent as if it had never been suspended; and despite anything in section 98 , the temporary protection order made under subsection (2) ends.\n- (a) the aggrieved;\n- (b) another person named in the first domestic violence order;\n- (c) if the application for the variation seeks to name another person in the first domestic violence order—the other person.\n- (a) when the court varies the first domestic violence order and the varied order takes effect under section 99 ; or\n- (b) when the court refuses to vary the first domestic violence order and the respondent is told about the refusal; or\n- (c) when the application for variation of the first domestic violence order is withdrawn and the respondent is told about the withdrawal.\n- (a) if the respondent is present in court when the refusal or withdrawal happens—by the court; or\n- (b) otherwise—by a police officer.\n- (a) it is enforceable against the respondent as if it had never been suspended; and\n- (b) despite anything in section 98 , the temporary protection order made under subsection (2) ends.","sortOrder":72},{"sectionNumber":"sec.49","sectionType":"section","heading":"Temporary protection order in relation to particular adjourned applications","content":"### sec.49 Temporary protection order in relation to particular adjourned applications\n\nThis section applies if, under section 41E , the court adjourns the hearing of a cross application or a variation application.\nThe court must consider making a temporary protection order in relation to the application.\nHowever, 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.\nTo remove any doubt, it is declared that this section—\napplies in addition to section 45 ; and\ndoes 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.\ns 49 sub 2015 No. 34 s 7\n(sec.49-ssec.1) This section applies if, under section 41E , the court adjourns the hearing of a cross application or a variation application.\n(sec.49-ssec.2) The court must consider making a temporary protection order in relation to the application.\n(sec.49-ssec.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.\n(sec.49-ssec.4) To remove any doubt, it is declared that this section— applies in addition to section 45 ; and 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. s 49 sub 2015 No. 34 s 7\n- (a) applies in addition to section 45 ; and\n- (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.","sortOrder":73},{"sectionNumber":"sec.50","sectionType":"section","heading":"Form of temporary protection order","content":"### sec.50 Form of temporary protection order\n\nA court may make a temporary protection order against a respondent in the same terms as a protection order.","sortOrder":74},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Consent orders","content":"## Consent orders","sortOrder":75},{"sectionNumber":"sec.51","sectionType":"section","heading":"Court may make or vary domestic violence order by consent","content":"### sec.51 Court may make or vary domestic violence order by consent\n\nIf 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—\nif the court is satisfied that a relevant relationship exists between the aggrieved and the respondent; and\nwithout being satisfied as to any matter mentioned in—\nfor a proceeding for a protection order— section 37 (1) (b) or (c) ; or\nfor a proceeding for a temporary protection order— section 45 (1) (b) ; and\nwhether or not the respondent admits to any or all of the particulars of the application.\nHowever, if the respondent is a child the court may make the order only if the court is satisfied as to the matters mentioned in—\nfor a proceeding for a protection order— section 37 ; or\nfor a proceeding for a temporary protection order— section 45 .\nAlso, 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.\nThe consent of the aggrieved is not required under subsection (3) if—\na police officer is acting on behalf of the aggrieved in the proceeding; and\nthe aggrieved is not present in court and can not, after all reasonable enquiries, be contacted to give the consent; and\nthe 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.\nBefore deciding whether to make or vary a domestic violence order under this section, the court may—\nconduct 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\nconsider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so.\nThe 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 .\nThe 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.\nTo remove any doubt, it is declared that sections 54 , 56 and 84 continue to apply in relation to a proceeding under this section.\ns 51 amd 2023 No. 1 s 43\n(sec.51-ssec.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— if the court is satisfied that a relevant relationship exists between the aggrieved and the respondent; and without being satisfied as to any matter mentioned in— for a proceeding for a protection order— section 37 (1) (b) or (c) ; or for a proceeding for a temporary protection order— section 45 (1) (b) ; and whether or not the respondent admits to any or all of the particulars of the application.\n(sec.51-ssec.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— for a proceeding for a protection order— section 37 ; or for a proceeding for a temporary protection order— section 45 .\n(sec.51-ssec.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.\n(sec.51-ssec.4) The consent of the aggrieved is not required under subsection (3) if— a police officer is acting on behalf of the aggrieved in the proceeding; and the aggrieved is not present in court and can not, after all reasonable enquiries, be contacted to give the consent; and 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.\n(sec.51-ssec.5) Before deciding whether to make or vary a domestic violence order under this section, the court may— 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 consider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so. 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 .\n(sec.51-ssec.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.\n(sec.51-ssec.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.\n- (a) if the court is satisfied that a relevant relationship exists between the aggrieved and the respondent; and\n- (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\n- (i) for a proceeding for a protection order— section 37 (1) (b) or (c) ; or\n- (ii) for a proceeding for a temporary protection order— section 45 (1) (b) ; and\n- (c) whether or not the respondent admits to any or all of the particulars of the application.\n- (i) for a proceeding for a protection order— section 37 (1) (b) or (c) ; or\n- (ii) for a proceeding for a temporary protection order— section 45 (1) (b) ; and\n- (a) for a proceeding for a protection order— section 37 ; or\n- (b) for a proceeding for a temporary protection order— section 45 .\n- (a) a police officer is acting on behalf of the aggrieved in the proceeding; and\n- (b) the aggrieved is not present in court and can not, after all reasonable enquiries, be contacted to give the consent; and\n- (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.\n- (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\n- (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 .","sortOrder":76},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Naming persons in domestic violence orders","content":"## Naming persons in domestic violence orders","sortOrder":77},{"sectionNumber":"sec.52","sectionType":"section","heading":"Naming relative or associate of aggrieved","content":"### sec.52 Naming relative or associate of aggrieved\n\nThe 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.\nIn this section—\nrelative , of an aggrieved, does not include a child mentioned in section 53 .\n(sec.52-ssec.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.\n(sec.52-ssec.2) In this section— relative , of an aggrieved, does not include a child mentioned in section 53 .","sortOrder":78},{"sectionNumber":"sec.53","sectionType":"section","heading":"Naming child","content":"### sec.53 Naming child\n\nThe 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—\nassociated domestic violence; or\nbeing exposed to domestic violence committed by the respondent.\n- (a) associated domestic violence; or\n- (b) being exposed to domestic violence committed by the respondent.","sortOrder":79},{"sectionNumber":"sec.54","sectionType":"section","heading":"When court must consider naming child","content":"### sec.54 When court must consider naming child\n\nThis section applies—\nif a court is—\nhearing an application for a domestic violence order; or\nhearing an application for a variation of a domestic violence order; or\ndeciding whether to make a domestic violence order under section 42 or 43 ; and\nthe 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.\nThe court must consider whether the child should be named under section 53 in the domestic violence order.\nTo 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.\n(sec.54-ssec.1) This section applies— if a court is— hearing an application for a domestic violence order; or hearing an application for a variation of a domestic violence order; or deciding whether to make a domestic violence order under section 42 or 43 ; and 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.\n(sec.54-ssec.2) The court must consider whether the child should be named under section 53 in the domestic violence order.\n(sec.54-ssec.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.\n- (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\n- (i) hearing an application for a domestic violence order; or\n- (ii) hearing an application for a variation of a domestic violence order; or\n- (iii) deciding whether to make a domestic violence order under section 42 or 43 ; and\n- (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.\n- (i) hearing an application for a domestic violence order; or\n- (ii) hearing an application for a variation of a domestic violence order; or\n- (iii) deciding whether to make a domestic violence order under section 42 or 43 ; and","sortOrder":80},{"sectionNumber":"sec.55","sectionType":"section","heading":"Power of court to obtain information about child","content":"### sec.55 Power of court to obtain information about child\n\nThis section applies if—\nthere 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\nthe respondent contests the naming of the child in the order or the imposition of any conditions concerning the child; and\nthe 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 .\nThe 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 .\nThe chief executive (child protection) must comply with the request as quickly as possible.\nHowever, 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.\nIf the chief executive (child protection) provides information under this section in a proceeding, the court must—\ngive each party to the proceeding a copy of the information and a reasonable opportunity to prepare and make submissions about the information; and\ngive a copy of any domestic violence order, or varied order, made in the proceeding to the chief executive (child protection).\nThe 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.\nThis section does not limit section 154 .\n(sec.55-ssec.1) This section applies if— 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 the respondent contests the naming of the child in the order or the imposition of any conditions concerning the child; and 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 .\n(sec.55-ssec.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 .\n(sec.55-ssec.3) The chief executive (child protection) must comply with the request as quickly as possible.\n(sec.55-ssec.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.\n(sec.55-ssec.5) If the chief executive (child protection) provides information under this section in a proceeding, the court must— give each party to the proceeding a copy of the information and a reasonable opportunity to prepare and make submissions about the information; and give a copy of any domestic violence order, or varied order, made in the proceeding to the chief executive (child protection).\n(sec.55-ssec.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.\n(sec.55-ssec.7) This section does not limit section 154 .\n- (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\n- (b) the respondent contests the naming of the child in the order or the imposition of any conditions concerning the child; and\n- (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 .\n- (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\n- (b) give a copy of any domestic violence order, or varied order, made in the proceeding to the chief executive (child protection).","sortOrder":81},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Conditions of domestic violence orders","content":"## Conditions of domestic violence orders","sortOrder":82},{"sectionNumber":"sec.56","sectionType":"section","heading":"Domestic violence order must include standard conditions","content":"### sec.56 Domestic violence order must include standard conditions\n\nA court making a domestic violence order must impose a condition that the respondent—\nmust be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved; and\nmust 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\nif the order includes a named person who is an adult—\nmust be of good behaviour towards the named person; and\nmust not commit associated domestic violence against the named person; and\nmust 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\nif the order includes a named person who is a child—\nmust be of good behaviour towards the child; and\nmust not commit associated domestic violence against the child; and\nmust not expose the child to domestic violence; and\nmust 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\nmust not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.\nIf the court does not exercise its power to impose conditions under subsection (1) , the court is taken to have done so.\ns 56 amd 2016 No. 51 s 6 ; 2024 No. 5 s 48\n(sec.56-ssec.1) A court making a domestic violence order must impose a condition that the respondent— must be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved; and 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 if the order includes a named person who is an adult— must be of good behaviour towards the named person; and must not commit associated domestic violence against the named person; and 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 if the order includes a named person who is a child— must be of good behaviour towards the child; and must not commit associated domestic violence against the child; and must not expose the child to domestic violence; and 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 must not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.\n(sec.56-ssec.2) If the court does not exercise its power to impose conditions under subsection (1) , the court is taken to have done so.\n- (a) must be of good behaviour towards the aggrieved and not commit domestic violence against the aggrieved; and\n- (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\n- (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\n- (i) must be of good behaviour towards the named person; and\n- (ii) must not commit associated domestic violence against the named person; and\n- (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\n- (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.\n- (i) must be of good behaviour towards the child; and\n- (ii) must not commit associated domestic violence against the child; and\n- (iii) must not expose the child to domestic violence; and\n- (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\n- (v) must not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.\n- (i) must be of good behaviour towards the named person; and\n- (ii) must not commit associated domestic violence against the named person; and\n- (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\n- (i) must be of good behaviour towards the child; and\n- (ii) must not commit associated domestic violence against the child; and\n- (iii) must not expose the child to domestic violence; and\n- (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\n- (v) must not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.","sortOrder":83},{"sectionNumber":"sec.57","sectionType":"section","heading":"Court may impose other conditions","content":"### sec.57 Court may impose other conditions\n\nA court making or varying a domestic violence order must consider whether imposing any other condition is necessary or desirable to protect—\nthe aggrieved from domestic violence; or\na named person from associated domestic violence; or\na named person who is a child from being exposed to domestic violence.\nWithout 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.\nThe 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.\ns 57 amd 2015 No. 34 s 8 ; 2016 No. 51 s 7\n(sec.57-ssec.1) A court making or varying a domestic violence order must consider whether imposing any other condition is necessary or desirable to protect— the aggrieved from domestic violence; or a named person from associated domestic violence; or a named person who is a child from being exposed to domestic violence.\n(sec.57-ssec.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.\n(sec.57-ssec.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.\n- (a) the aggrieved from domestic violence; or\n- (b) a named person from associated domestic violence; or\n- (c) a named person who is a child from being exposed to domestic violence.","sortOrder":84},{"sectionNumber":"sec.58","sectionType":"section","heading":"Conditions relating to behaviour of respondent","content":"### sec.58 Conditions relating to behaviour of respondent\n\nWithout limiting section 57 , the court may impose a condition on the respondent that—\nprohibits stated behaviour of the respondent that would constitute domestic violence against the aggrieved or associated domestic violence against a named person; or\nprohibits 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\nprohibits 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\nprohibits 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\nprohibits 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\nprohibits 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.\n- (a) prohibits stated behaviour of the respondent that would constitute domestic violence against the aggrieved or associated domestic violence against a named person; or\n- (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\n- (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\n- (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\n- (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\n- (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.","sortOrder":85},{"sectionNumber":"sec.59","sectionType":"section","heading":"Conditions relating to recovery of personal property","content":"### sec.59 Conditions relating to recovery of personal property\n\nWithout limiting section 57 , in relation to personal property of the aggrieved, the court may impose a condition on the respondent that requires the respondent—\nto return stated personal property to the aggrieved; or\nto allow the aggrieved access to stated personal property; or\nto allow the aggrieved to recover stated personal property; or\nto allow the aggrieved to enter stated premises to facilitate action mentioned in paragraph (b) or (c) ; or\nto do any act necessary or desirable to facilitate action mentioned in paragraph (a) , (b) , (c) or (d) .\nIf the court imposes a condition mentioned in subsection (1) , the court must consider—\nthe extent to which a matter relating to the condition must be supervised by a police officer; and\nthe 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) .\n(sec.59-ssec.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— to return stated personal property to the aggrieved; or to allow the aggrieved access to stated personal property; or to allow the aggrieved to recover stated personal property; or to allow the aggrieved to enter stated premises to facilitate action mentioned in paragraph (b) or (c) ; or to do any act necessary or desirable to facilitate action mentioned in paragraph (a) , (b) , (c) or (d) .\n(sec.59-ssec.2) If the court imposes a condition mentioned in subsection (1) , the court must consider— the extent to which a matter relating to the condition must be supervised by a police officer; and 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) .\n- (a) to return stated personal property to the aggrieved; or\n- (b) to allow the aggrieved access to stated personal property; or\n- (c) to allow the aggrieved to recover stated personal property; or\n- (d) to allow the aggrieved to enter stated premises to facilitate action mentioned in paragraph (b) or (c) ; or\n- (e) to do any act necessary or desirable to facilitate action mentioned in paragraph (a) , (b) , (c) or (d) .\n- (a) the extent to which a matter relating to the condition must be supervised by a police officer; and\n- (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) .","sortOrder":86},{"sectionNumber":"sec.60","sectionType":"section","heading":"Contact by lawyer not prohibited","content":"### sec.60 Contact by lawyer not prohibited\n\nA 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—\na lawyer to contact the aggrieved or named person; or\nanother person, including a lawyer, to contact or locate the aggrieved or named person for a purpose authorised under an Act.\nTo 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—\na lawyer to contact the aggrieved or a named person; or\nanother person, including a lawyer, to contact or locate the aggrieved or a named person for a purpose authorised under an Act.\nIn this section—\nlawyer means a lawyer who is representing the respondent in relation to a proceeding.\ns 60 amd 2024 No. 5 s 49\n(sec.60-ssec.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 lawyer to contact the aggrieved or named person; or another person, including a lawyer, to contact or locate the aggrieved or named person for a purpose authorised under an Act.\n(sec.60-ssec.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 lawyer to contact the aggrieved or a named person; or another person, including a lawyer, to contact or locate the aggrieved or a named person for a purpose authorised under an Act.\n(sec.60-ssec.3) In this section— lawyer means a lawyer who is representing the respondent in relation to a proceeding.\n- (a) a lawyer to contact the aggrieved or named person; or\n- (b) another person, including a lawyer, to contact or locate the aggrieved or named person for a purpose authorised under an Act.\n- (a) a lawyer to contact the aggrieved or a named person; or\n- (b) another person, including a lawyer, to contact or locate the aggrieved or a named person for a purpose authorised under an Act.","sortOrder":87},{"sectionNumber":"sec.61","sectionType":"section","heading":"Contact by victim advocate not prohibited","content":"### sec.61 Contact by victim advocate not prohibited\n\nA 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—\neither of the following applies—\nthe 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;\nthe aggrieved or named person has consented to being contacted or located by a victim advocate; and\nthe victim advocate is not knowingly in direct contact with the respondent; and\nthe respondent is participating in an approved intervention program provided by an approved provider.\nIn this section—\nvictim advocate means a person engaged by an approved provider to provide advocacy for, and support of, an aggrieved or named person.\n(sec.61-ssec.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— either of the following applies— 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; the aggrieved or named person has consented to being contacted or located by a victim advocate; and the victim advocate is not knowingly in direct contact with the respondent; and the respondent is participating in an approved intervention program provided by an approved provider.\n(sec.61-ssec.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.\n- (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\n- (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;\n- (ii) the aggrieved or named person has consented to being contacted or located by a victim advocate; and\n- (b) the victim advocate is not knowingly in direct contact with the respondent; and\n- (c) the respondent is participating in an approved intervention program provided by an approved provider.\n- (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;\n- (ii) the aggrieved or named person has consented to being contacted or located by a victim advocate; and","sortOrder":88},{"sectionNumber":"sec.62","sectionType":"section","heading":"Condition limiting contact between parent and child","content":"### sec.62 Condition limiting contact between parent and child\n\nThis section applies if—\nthe 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\nthe court, on its own initiative, is considering imposing a condition of a type mentioned in paragraph (a) .\nIf 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.\nIn 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.\ns 62 amd 2015 No. 34 s 9\n(sec.62-ssec.1) This section applies if— 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 the court, on its own initiative, is considering imposing a condition of a type mentioned in paragraph (a) .\n(sec.62-ssec.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. 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.\n- (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\n- (b) the court, on its own initiative, is considering imposing a condition of a type mentioned in paragraph (a) .","sortOrder":89},{"sectionNumber":"sec.63","sectionType":"section","heading":"Ouster condition","content":"### sec.63 Ouster condition\n\nWithout 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—\nremaining at the premises;\nentering or attempting to enter the premises;\napproaching within a stated distance of the premises.\nIf 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.\nSections 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.\nTo remove any doubt, it is declared that the premises that may be stated in the ouster condition include—\npremises in which the respondent has a legal or equitable interest; and\npremises where the aggrieved and respondent live together or previously lived together; and\npremises where the aggrieved or a named person lives, works or frequents.\ns 63 amd 2016 No. 51 s 73 sch\n(sec.63-ssec.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— remaining at the premises; entering or attempting to enter the premises; approaching within a stated distance of the premises. 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.\n(sec.63-ssec.2) To remove any doubt, it is declared that the premises that may be stated in the ouster condition include— premises in which the respondent has a legal or equitable interest; and premises where the aggrieved and respondent live together or previously lived together; and premises where the aggrieved or a named person lives, works or frequents.\n- (a) remaining at the premises;\n- (b) entering or attempting to enter the premises;\n- (c) approaching within a stated distance of the premises.\n- (a) premises in which the respondent has a legal or equitable interest; and\n- (b) premises where the aggrieved and respondent live together or previously lived together; and\n- (c) premises where the aggrieved or a named person lives, works or frequents.","sortOrder":90},{"sectionNumber":"sec.64","sectionType":"section","heading":"Ouster condition relating to aggrieved’s usual place of residence","content":"### sec.64 Ouster condition relating to aggrieved’s usual place of residence\n\nIn deciding whether to impose an ouster condition on the respondent in relation to the aggrieved’s usual place of residence, the court must consider, in addition to the matters mentioned in section 57 , the following—\nwhether the aggrieved and any child living with the aggrieved can continue to live safely in the residence if the ouster condition is not made;\nany views or wishes expressed by the aggrieved about imposing an ouster condition on the respondent in relation to the aggrieved’s usual place of residence;\nthe desirability of preventing or minimising disruption to the aggrieved and any child living with the aggrieved, including by minimising disruption to their living arrangements and allowing them to continue, or return, to live in the residence;\nthe importance of the aggrieved and any child living with the aggrieved being able to maintain social connections and support that may be disrupted or lost if they can not live in the residence;\nthe need to ensure continuity and stability in the care of any child living with the aggrieved;\nthe need to allow childcare arrangements, education, training and employment of the aggrieved and any child living with the aggrieved to continue without interruption;\nthe particular accommodation needs of the aggrieved and any child who may be affected by the ouster condition;\nthe particular accommodation needs of the respondent.\naccommodation needs that relate to a disability or impairment\naccommodation needs that relate to the number, or age, of the children who require accommodation\nThe fact that the aggrieved does not express any views or wishes about the condition mentioned in subsection (1) (b) does not of itself give rise to an inference that the aggrieved does not have views or wishes about the condition being imposed.\nThe court must give reasons for imposing, or not imposing, the condition.\ns 64 amd 2015 No. 34 s 10\n(sec.64-ssec.1) In deciding whether to impose an ouster condition on the respondent in relation to the aggrieved’s usual place of residence, the court must consider, in addition to the matters mentioned in section 57 , the following— whether the aggrieved and any child living with the aggrieved can continue to live safely in the residence if the ouster condition is not made; any views or wishes expressed by the aggrieved about imposing an ouster condition on the respondent in relation to the aggrieved’s usual place of residence; the desirability of preventing or minimising disruption to the aggrieved and any child living with the aggrieved, including by minimising disruption to their living arrangements and allowing them to continue, or return, to live in the residence; the importance of the aggrieved and any child living with the aggrieved being able to maintain social connections and support that may be disrupted or lost if they can not live in the residence; the need to ensure continuity and stability in the care of any child living with the aggrieved; the need to allow childcare arrangements, education, training and employment of the aggrieved and any child living with the aggrieved to continue without interruption; the particular accommodation needs of the aggrieved and any child who may be affected by the ouster condition; the particular accommodation needs of the respondent. accommodation needs that relate to a disability or impairment accommodation needs that relate to the number, or age, of the children who require accommodation\n(sec.64-ssec.2) The fact that the aggrieved does not express any views or wishes about the condition mentioned in subsection (1) (b) does not of itself give rise to an inference that the aggrieved does not have views or wishes about the condition being imposed.\n(sec.64-ssec.3) The court must give reasons for imposing, or not imposing, the condition.\n- (a) whether the aggrieved and any child living with the aggrieved can continue to live safely in the residence if the ouster condition is not made;\n- (b) any views or wishes expressed by the aggrieved about imposing an ouster condition on the respondent in relation to the aggrieved’s usual place of residence;\n- (c) the desirability of preventing or minimising disruption to the aggrieved and any child living with the aggrieved, including by minimising disruption to their living arrangements and allowing them to continue, or return, to live in the residence;\n- (d) the importance of the aggrieved and any child living with the aggrieved being able to maintain social connections and support that may be disrupted or lost if they can not live in the residence;\n- (e) the need to ensure continuity and stability in the care of any child living with the aggrieved;\n- (f) the need to allow childcare arrangements, education, training and employment of the aggrieved and any child living with the aggrieved to continue without interruption;\n- (g) the particular accommodation needs of the aggrieved and any child who may be affected by the ouster condition;\n- (h) the particular accommodation needs of the respondent. Examples of particular accommodation needs for paragraphs (g) and (h) — • accommodation needs that relate to a disability or impairment • accommodation needs that relate to the number, or age, of the children who require accommodation\n- • accommodation needs that relate to a disability or impairment\n- • accommodation needs that relate to the number, or age, of the children who require accommodation\n- • accommodation needs that relate to a disability or impairment\n- • accommodation needs that relate to the number, or age, of the children who require accommodation","sortOrder":91},{"sectionNumber":"sec.65","sectionType":"section","heading":"Return condition","content":"### sec.65 Return condition\n\nIf the court imposes an ouster condition on a respondent, the court must consider imposing another condition (a return condition ) allowing the respondent—\nif the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or\nif the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.\nHowever, a return condition may not allow a respondent to recover or remove personal property that is required to meet the daily needs of any person who continues to live in the premises stated in the ouster condition.\nhousehold furniture, kitchen appliances\nIf the court imposes a return condition, and does not order that the matters relating to the condition be supervised by a police officer, the court must state in the domestic violence order—\nif the respondent is present in court when the order is made—\nthe time at which, without contravening the order, the respondent may return to the premises and then must leave the premises; or\nfor how long the respondent may, without contravening the order, continue to remain at the premises; or\nif the respondent is not present in court when the order is made—\nthe time at which, without contravening the order, the respondent may return to the premises and must leave the premises based on the time of service of the order on the respondent; or\nfor how long the respondent may, without contravening the order, remain at the premises based on the time of service of the order on the respondent.\nThe respondent may, without contravening the order, return to the premises at noon on the day after the day the order is served on the respondent by a police officer. If the respondent returns to the premises under the order, the respondent must leave the premises no later than 2p.m. on the same day.\nIn deciding the time mentioned in subsection (3) (a) (i) or (b)(i), the court must have regard to any expressed wishes of the aggrieved.\n(sec.65-ssec.1) If the court imposes an ouster condition on a respondent, the court must consider imposing another condition (a return condition ) allowing the respondent— if the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or if the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.\n(sec.65-ssec.2) However, a return condition may not allow a respondent to recover or remove personal property that is required to meet the daily needs of any person who continues to live in the premises stated in the ouster condition. household furniture, kitchen appliances\n(sec.65-ssec.3) If the court imposes a return condition, and does not order that the matters relating to the condition be supervised by a police officer, the court must state in the domestic violence order— if the respondent is present in court when the order is made— the time at which, without contravening the order, the respondent may return to the premises and then must leave the premises; or for how long the respondent may, without contravening the order, continue to remain at the premises; or if the respondent is not present in court when the order is made— the time at which, without contravening the order, the respondent may return to the premises and must leave the premises based on the time of service of the order on the respondent; or for how long the respondent may, without contravening the order, remain at the premises based on the time of service of the order on the respondent. The respondent may, without contravening the order, return to the premises at noon on the day after the day the order is served on the respondent by a police officer. If the respondent returns to the premises under the order, the respondent must leave the premises no later than 2p.m. on the same day.\n(sec.65-ssec.4) In deciding the time mentioned in subsection (3) (a) (i) or (b)(i), the court must have regard to any expressed wishes of the aggrieved.\n- (a) if the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or\n- (b) if the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.\n- (a) if the respondent is present in court when the order is made— (i) the time at which, without contravening the order, the respondent may return to the premises and then must leave the premises; or (ii) for how long the respondent may, without contravening the order, continue to remain at the premises; or\n- (i) the time at which, without contravening the order, the respondent may return to the premises and then must leave the premises; or\n- (ii) for how long the respondent may, without contravening the order, continue to remain at the premises; or\n- (b) if the respondent is not present in court when the order is made— (i) the time at which, without contravening the order, the respondent may return to the premises and must leave the premises based on the time of service of the order on the respondent; or (ii) for how long the respondent may, without contravening the order, remain at the premises based on the time of service of the order on the respondent. Example of condition for paragraph (b) (i) — The respondent may, without contravening the order, return to the premises at noon on the day after the day the order is served on the respondent by a police officer. If the respondent returns to the premises under the order, the respondent must leave the premises no later than 2p.m. on the same day.\n- (i) the time at which, without contravening the order, the respondent may return to the premises and must leave the premises based on the time of service of the order on the respondent; or\n- (ii) for how long the respondent may, without contravening the order, remain at the premises based on the time of service of the order on the respondent. Example of condition for paragraph (b) (i) — The respondent may, without contravening the order, return to the premises at noon on the day after the day the order is served on the respondent by a police officer. If the respondent returns to the premises under the order, the respondent must leave the premises no later than 2p.m. on the same day.\n- (i) the time at which, without contravening the order, the respondent may return to the premises and then must leave the premises; or\n- (ii) for how long the respondent may, without contravening the order, continue to remain at the premises; or\n- (i) the time at which, without contravening the order, the respondent may return to the premises and must leave the premises based on the time of service of the order on the respondent; or\n- (ii) for how long the respondent may, without contravening the order, remain at the premises based on the time of service of the order on the respondent. Example of condition for paragraph (b) (i) — The respondent may, without contravening the order, return to the premises at noon on the day after the day the order is served on the respondent by a police officer. If the respondent returns to the premises under the order, the respondent must leave the premises no later than 2p.m. on the same day.","sortOrder":92},{"sectionNumber":"sec.66","sectionType":"section","heading":"Supervision by police officer of ouster condition or return condition","content":"### sec.66 Supervision by police officer of ouster condition or return condition\n\nBefore imposing an ouster condition or return condition, the court must consider—\nthe extent to which a matter relating to the condition must be supervised by a police officer; and\nif a police officer must supervise a matter, the need to impose a condition that the respondent must not approach within a stated distance of stated premises.\n- (a) the extent to which a matter relating to the condition must be supervised by a police officer; and\n- (b) if a police officer must supervise a matter, the need to impose a condition that the respondent must not approach within a stated distance of stated premises.","sortOrder":93},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.66A Definitions for subdivision\n\nIn this subdivision—\nmonitoring device means an electronic device capable of being worn, and not removed, by a person for the purpose of a prescribed entity finding or monitoring the geographical location of the person.\nmonitoring device condition see section 66B (1) .\nprescribed entity means each of the following entities—\nthe chief executive of a department that is mainly responsible for any of the following matters—\nadult corrective services;\nchild protection services;\ncommunity services;\nthe chief executive of another department that provides services to persons who fear or experience domestic violence or who commit domestic violence;\nthe police commissioner;\nan entity prescribed by regulation for this definition.\nsafety device means an electronic device given to a person by a prescribed entity for the purpose of identifying risks to the safety of the person in relation to another person on whom a monitoring device condition is imposed.\ns 66A ins 2025 No. 18 s 15\nexp 1 October 2027 (see s 66H)\n- (a) the chief executive of a department that is mainly responsible for any of the following matters— (i) adult corrective services; (ii) child protection services; (iii) community services;\n- (i) adult corrective services;\n- (ii) child protection services;\n- (iii) community services;\n- (b) the chief executive of another department that provides services to persons who fear or experience domestic violence or who commit domestic violence;\n- (c) the police commissioner;\n- (d) an entity prescribed by regulation for this definition.\n- (i) adult corrective services;\n- (ii) child protection services;\n- (iii) community services;","sortOrder":94},{"sectionNumber":"sec.66B","sectionType":"section","heading":"Court may impose monitoring device condition","content":"### sec.66B Court may impose monitoring device condition\n\nWithout limiting section 57 , if the respondent is an adult, the court may impose a condition (a monitoring device condition ) on the respondent that requires the respondent to wear a monitoring device for a stated period if—\nthe court is satisfied that—\nthe wearing of a monitoring device by the respondent is necessary or desirable to protect the aggrieved from domestic violence, a named person from associated domestic violence or a named person who is a child from being exposed to domestic violence; and\neither—\nthe respondent has been convicted of, or is charged with, a domestic violence offence or an indictable offence involving violence against another person; or\nthere is a history of charges for domestic violence offences made against the respondent; and\nthe respondent is not required by a court or other entity to wear an electronic device for the purpose of an entity finding or monitoring the respondent’s geographical location; and\nthe court is prescribed by regulation for this paragraph as a court that can impose a monitoring device condition; and\nany other requirement prescribed by regulation for this section is satisfied.\nThe monitoring device condition may be imposed only for the period the court considers reasonably necessary in all the circumstances of the case.\nThe court must give reasons for imposing the monitoring device condition.\ns 66B ins 2025 No. 18 s 15\nexp 1 October 2027 (see s 66H)\n(sec.66B-ssec.1) Without limiting section 57 , if the respondent is an adult, the court may impose a condition (a monitoring device condition ) on the respondent that requires the respondent to wear a monitoring device for a stated period if— the court is satisfied that— the wearing of a monitoring device by the respondent is necessary or desirable to protect the aggrieved from domestic violence, a named person from associated domestic violence or a named person who is a child from being exposed to domestic violence; and either— the respondent has been convicted of, or is charged with, a domestic violence offence or an indictable offence involving violence against another person; or there is a history of charges for domestic violence offences made against the respondent; and the respondent is not required by a court or other entity to wear an electronic device for the purpose of an entity finding or monitoring the respondent’s geographical location; and the court is prescribed by regulation for this paragraph as a court that can impose a monitoring device condition; and any other requirement prescribed by regulation for this section is satisfied.\n(sec.66B-ssec.2) The monitoring device condition may be imposed only for the period the court considers reasonably necessary in all the circumstances of the case.\n(sec.66B-ssec.3) The court must give reasons for imposing the monitoring device condition.\n- (a) the court is satisfied that— (i) the wearing of a monitoring device by the respondent is necessary or desirable to protect the aggrieved from domestic violence, a named person from associated domestic violence or a named person who is a child from being exposed to domestic violence; and (ii) either— (A) the respondent has been convicted of, or is charged with, a domestic violence offence or an indictable offence involving violence against another person; or (B) there is a history of charges for domestic violence offences made against the respondent; and (iii) the respondent is not required by a court or other entity to wear an electronic device for the purpose of an entity finding or monitoring the respondent’s geographical location; and\n- (i) the wearing of a monitoring device by the respondent is necessary or desirable to protect the aggrieved from domestic violence, a named person from associated domestic violence or a named person who is a child from being exposed to domestic violence; and\n- (ii) either— (A) the respondent has been convicted of, or is charged with, a domestic violence offence or an indictable offence involving violence against another person; or (B) there is a history of charges for domestic violence offences made against the respondent; and\n- (A) the respondent has been convicted of, or is charged with, a domestic violence offence or an indictable offence involving violence against another person; or\n- (B) there is a history of charges for domestic violence offences made against the respondent; and\n- (iii) the respondent is not required by a court or other entity to wear an electronic device for the purpose of an entity finding or monitoring the respondent’s geographical location; and\n- (b) the court is prescribed by regulation for this paragraph as a court that can impose a monitoring device condition; and\n- (c) any other requirement prescribed by regulation for this section is satisfied.\n- (i) the wearing of a monitoring device by the respondent is necessary or desirable to protect the aggrieved from domestic violence, a named person from associated domestic violence or a named person who is a child from being exposed to domestic violence; and\n- (ii) either— (A) the respondent has been convicted of, or is charged with, a domestic violence offence or an indictable offence involving violence against another person; or (B) there is a history of charges for domestic violence offences made against the respondent; and\n- (A) the respondent has been convicted of, or is charged with, a domestic violence offence or an indictable offence involving violence against another person; or\n- (B) there is a history of charges for domestic violence offences made against the respondent; and\n- (iii) the respondent is not required by a court or other entity to wear an electronic device for the purpose of an entity finding or monitoring the respondent’s geographical location; and\n- (A) the respondent has been convicted of, or is charged with, a domestic violence offence or an indictable offence involving violence against another person; or\n- (B) there is a history of charges for domestic violence offences made against the respondent; and","sortOrder":95},{"sectionNumber":"sec.66C","sectionType":"section","heading":"Considerations for imposing monitoring device condition","content":"### sec.66C Considerations for imposing monitoring device condition\n\nIn deciding whether to impose a monitoring device condition on the respondent, the court must consider, in addition to the matters mentioned in section 57 and the information given under section 66D , the following matters—\nthe personal circumstances of the respondent, including the geographical area where the respondent lives and the respondent’s living arrangements;\nthe respondent’s ability to charge and maintain the monitoring device;\nany views or wishes expressed by the aggrieved or named person regarding imposing the monitoring device condition on the respondent;\nany other matter prescribed by regulation for this section.\nWithout limiting subsection (1) , a court imposing a monitoring device condition on the respondent must consider whether to impose on the respondent—\nan ouster condition; or\na condition under section 58 (c) that prohibits the respondent from approaching, or attempting to approach, the aggrieved or named person.\ns 66C ins 2025 No. 18 s 15\nexp 1 October 2027 (see s 66H)\n(sec.66C-ssec.1) In deciding whether to impose a monitoring device condition on the respondent, the court must consider, in addition to the matters mentioned in section 57 and the information given under section 66D , the following matters— the personal circumstances of the respondent, including the geographical area where the respondent lives and the respondent’s living arrangements; the respondent’s ability to charge and maintain the monitoring device; any views or wishes expressed by the aggrieved or named person regarding imposing the monitoring device condition on the respondent; any other matter prescribed by regulation for this section.\n(sec.66C-ssec.2) Without limiting subsection (1) , a court imposing a monitoring device condition on the respondent must consider whether to impose on the respondent— an ouster condition; or a condition under section 58 (c) that prohibits the respondent from approaching, or attempting to approach, the aggrieved or named person.\n- (a) the personal circumstances of the respondent, including the geographical area where the respondent lives and the respondent’s living arrangements;\n- (b) the respondent’s ability to charge and maintain the monitoring device;\n- (c) any views or wishes expressed by the aggrieved or named person regarding imposing the monitoring device condition on the respondent;\n- (d) any other matter prescribed by regulation for this section.\n- (a) an ouster condition; or\n- (b) a condition under section 58 (c) that prohibits the respondent from approaching, or attempting to approach, the aggrieved or named person.","sortOrder":96},{"sectionNumber":"sec.66D","sectionType":"section","heading":"Request for information","content":"### sec.66D Request for information\n\nThe court may ask a prescribed entity or another entity prescribed by regulation for this section to provide information that the court reasonably considers—\nis likely to be in the entity’s possession; and\nmay help the court in deciding whether it is necessary or desirable to impose the monitoring device condition on the respondent.\nThe entity must comply with the request for information.\nHowever, the entity is required only to provide information in the entity’s possession or to which the entity has access.\ns 66D ins 2025 No. 18 s 15\nexp 1 October 2027 (see s 66H)\n(sec.66D-ssec.1) The court may ask a prescribed entity or another entity prescribed by regulation for this section to provide information that the court reasonably considers— is likely to be in the entity’s possession; and may help the court in deciding whether it is necessary or desirable to impose the monitoring device condition on the respondent.\n(sec.66D-ssec.2) The entity must comply with the request for information.\n(sec.66D-ssec.3) However, the entity is required only to provide information in the entity’s possession or to which the entity has access.\n- (a) is likely to be in the entity’s possession; and\n- (b) may help the court in deciding whether it is necessary or desirable to impose the monitoring device condition on the respondent.","sortOrder":97},{"sectionNumber":"sec.66E","sectionType":"section","heading":"Other conditions and arrangements if monitoring device condition imposed","content":"### sec.66E Other conditions and arrangements if monitoring device condition imposed\n\nIf the court imposes a monitoring device condition on the respondent—\nthe court may impose any other condition that the court considers necessary to facilitate the operation of the monitoring device; and\na condition that requires the respondent to attend at a stated place to be fitted with the monitoring device\na condition that requires the respondent to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order\nthe chief executive must make all necessary and convenient arrangements to ensure compliance with the monitoring device condition and any other conditions the court imposes.\nThe chief executive may, for the performance of the chief executive’s function under subsection (1) (b) , ask a prescribed entity—\nto fit the monitoring device to, or to remove the monitoring device from, the respondent; and\nto do any of the following—\nremotely monitor the monitoring device;\ngive a safety device to the aggrieved or named person;\nremotely monitor the safety device;\ncontact the respondent in relation to an alert or notification from the monitoring device;\ncontact the aggrieved or named person in relation to an alert or notification from the safety device;\ngive information relating to alerts and notifications from the monitoring device to the chief executive and another prescribed entity;\nanything else the chief executive considers relevant to the imposition of the conditions.\nIn making a request under subsection (2) , the chief executive may have regard to the prescribed entity’s ability to comply with the request.\nThe prescribed entity must comply with a request under subsection (2) .\nThe prescribed entity may delegate a function requested under subsection (2) to an appropriately qualified person.\ns 66E ins 2025 No. 18 s 15\nexp 1 October 2027 (see s 66H)\n(sec.66E-ssec.1) If the court imposes a monitoring device condition on the respondent— the court may impose any other condition that the court considers necessary to facilitate the operation of the monitoring device; and a condition that requires the respondent to attend at a stated place to be fitted with the monitoring device a condition that requires the respondent to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order the chief executive must make all necessary and convenient arrangements to ensure compliance with the monitoring device condition and any other conditions the court imposes.\n(sec.66E-ssec.2) The chief executive may, for the performance of the chief executive’s function under subsection (1) (b) , ask a prescribed entity— to fit the monitoring device to, or to remove the monitoring device from, the respondent; and to do any of the following— remotely monitor the monitoring device; give a safety device to the aggrieved or named person; remotely monitor the safety device; contact the respondent in relation to an alert or notification from the monitoring device; contact the aggrieved or named person in relation to an alert or notification from the safety device; give information relating to alerts and notifications from the monitoring device to the chief executive and another prescribed entity; anything else the chief executive considers relevant to the imposition of the conditions.\n(sec.66E-ssec.3) In making a request under subsection (2) , the chief executive may have regard to the prescribed entity’s ability to comply with the request.\n(sec.66E-ssec.4) The prescribed entity must comply with a request under subsection (2) .\n(sec.66E-ssec.5) The prescribed entity may delegate a function requested under subsection (2) to an appropriately qualified person.\n- (a) the court may impose any other condition that the court considers necessary to facilitate the operation of the monitoring device; and Examples of conditions a court may consider necessary to facilitate the operation of a monitoring device required to be worn by a respondent— • a condition that requires the respondent to attend at a stated place to be fitted with the monitoring device • a condition that requires the respondent to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order\n- • a condition that requires the respondent to attend at a stated place to be fitted with the monitoring device\n- • a condition that requires the respondent to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order\n- (b) the chief executive must make all necessary and convenient arrangements to ensure compliance with the monitoring device condition and any other conditions the court imposes.\n- • a condition that requires the respondent to attend at a stated place to be fitted with the monitoring device\n- • a condition that requires the respondent to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order\n- (a) to fit the monitoring device to, or to remove the monitoring device from, the respondent; and\n- (b) to do any of the following— (i) remotely monitor the monitoring device; (ii) give a safety device to the aggrieved or named person; (iii) remotely monitor the safety device; (iv) contact the respondent in relation to an alert or notification from the monitoring device; (v) contact the aggrieved or named person in relation to an alert or notification from the safety device; (vi) give information relating to alerts and notifications from the monitoring device to the chief executive and another prescribed entity; (vii) anything else the chief executive considers relevant to the imposition of the conditions.\n- (i) remotely monitor the monitoring device;\n- (ii) give a safety device to the aggrieved or named person;\n- (iii) remotely monitor the safety device;\n- (iv) contact the respondent in relation to an alert or notification from the monitoring device;\n- (v) contact the aggrieved or named person in relation to an alert or notification from the safety device;\n- (vi) give information relating to alerts and notifications from the monitoring device to the chief executive and another prescribed entity;\n- (vii) anything else the chief executive considers relevant to the imposition of the conditions.\n- (i) remotely monitor the monitoring device;\n- (ii) give a safety device to the aggrieved or named person;\n- (iii) remotely monitor the safety device;\n- (iv) contact the respondent in relation to an alert or notification from the monitoring device;\n- (v) contact the aggrieved or named person in relation to an alert or notification from the safety device;\n- (vi) give information relating to alerts and notifications from the monitoring device to the chief executive and another prescribed entity;\n- (vii) anything else the chief executive considers relevant to the imposition of the conditions.","sortOrder":98},{"sectionNumber":"sec.66F","sectionType":"section","heading":"Information relating to monitoring device condition","content":"### sec.66F Information relating to monitoring device condition\n\nA regulation may prescribe—\nhow information relating to a monitoring device or safety device, including information relating to alerts and notifications from the device or a person’s geographical location, may be shared and with whom; and\nthe purpose for which the information may be shared; and\nthe entity responsible for recording or storing the information; and\nhow the information will be recorded or stored.\nA person who obtains information relating to a monitoring device or safety device, including information relating to alerts and notifications from the device or a person’s geographical location, must not use the information for a purpose other than—\nthe purpose for which the information was obtained; or\na purpose that is authorised or permitted under an Act.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 66F ins 2025 No. 18 s 15\nexp 1 October 2027 (see s 66H)\n(sec.66F-ssec.1) A regulation may prescribe— how information relating to a monitoring device or safety device, including information relating to alerts and notifications from the device or a person’s geographical location, may be shared and with whom; and the purpose for which the information may be shared; and the entity responsible for recording or storing the information; and how the information will be recorded or stored.\n(sec.66F-ssec.2) A person who obtains information relating to a monitoring device or safety device, including information relating to alerts and notifications from the device or a person’s geographical location, must not use the information for a purpose other than— the purpose for which the information was obtained; or a purpose that is authorised or permitted under an Act. Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) how information relating to a monitoring device or safety device, including information relating to alerts and notifications from the device or a person’s geographical location, may be shared and with whom; and\n- (b) the purpose for which the information may be shared; and\n- (c) the entity responsible for recording or storing the information; and\n- (d) how the information will be recorded or stored.\n- (a) the purpose for which the information was obtained; or\n- (b) a purpose that is authorised or permitted under an Act.","sortOrder":99},{"sectionNumber":"sec.66G","sectionType":"section","heading":"Restriction on disclosure in proceedings","content":"### sec.66G Restriction on disclosure in proceedings\n\nEvidence of the imposition of a monitoring device condition or the use of a monitoring device, and other evidence directly or indirectly derived from the imposition or use, is not admissible in any proceeding other than—\na proceeding for a domestic violence offence; or\na proceeding for a criminal offence that is not a domestic violence offence in which the court considers it is in the interests of justice to admit the evidence.\nEvidence of the use of a safety device, and other evidence directly or indirectly derived from the use, is not admissible in any proceeding other than a proceeding for a domestic violence offence.\ns 66G ins 2025 No. 18 s 15\nexp 1 October 2027 (see s 66H)\n(sec.66G-ssec.1) Evidence of the imposition of a monitoring device condition or the use of a monitoring device, and other evidence directly or indirectly derived from the imposition or use, is not admissible in any proceeding other than— a proceeding for a domestic violence offence; or a proceeding for a criminal offence that is not a domestic violence offence in which the court considers it is in the interests of justice to admit the evidence.\n(sec.66G-ssec.2) Evidence of the use of a safety device, and other evidence directly or indirectly derived from the use, is not admissible in any proceeding other than a proceeding for a domestic violence offence.\n- (a) a proceeding for a domestic violence offence; or\n- (b) a proceeding for a criminal offence that is not a domestic violence offence in which the court considers it is in the interests of justice to admit the evidence.","sortOrder":100},{"sectionNumber":"sec.66H","sectionType":"section","heading":"Expiry of subdivision","content":"### sec.66H Expiry of subdivision\n\nThis subdivision expires on the day that is 2 years after the day this section commences.\ns 66H ins 2025 No. 18 s 15\nexp 1 October 2027 (see s 66H)","sortOrder":101},{"sectionNumber":"sec.67","sectionType":"section","heading":"Condition for protection of unborn child","content":"### sec.67 Condition for protection of unborn child\n\nThis section applies if an aggrieved is pregnant when a domestic violence order for the benefit of the aggrieved is made.\nThe court may impose a condition that—\ntakes effect when the child is born; and\nrequires the respondent to be of good behaviour towards the child, not commit associated domestic violence against the child, and not expose the child to domestic violence.\nThe court may impose the condition if the court is satisfied that the aggrieved is pregnant and the order is necessary or desirable to protect the child from associated domestic violence, or being exposed to domestic violence, once the child is born.\nTo remove any doubt, it is declared that the court may impose the condition whether or not the respondent is the father of the child.\n(sec.67-ssec.1) This section applies if an aggrieved is pregnant when a domestic violence order for the benefit of the aggrieved is made.\n(sec.67-ssec.2) The court may impose a condition that— takes effect when the child is born; and requires the respondent to be of good behaviour towards the child, not commit associated domestic violence against the child, and not expose the child to domestic violence.\n(sec.67-ssec.3) The court may impose the condition if the court is satisfied that the aggrieved is pregnant and the order is necessary or desirable to protect the child from associated domestic violence, or being exposed to domestic violence, once the child is born.\n(sec.67-ssec.4) To remove any doubt, it is declared that the court may impose the condition whether or not the respondent is the father of the child.\n- (a) takes effect when the child is born; and\n- (b) requires the respondent to be of good behaviour towards the child, not commit associated domestic violence against the child, and not expose the child to domestic violence.","sortOrder":102},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Intervention orders","content":"## Intervention orders","sortOrder":103},{"sectionNumber":"sec.68","sectionType":"section","heading":"Definition for div 6","content":"### sec.68 Definition for div 6\n\nIn this division—\ncounselling means counselling of a kind that may, in the court’s opinion, be beneficial in helping a respondent to overcome harmful behaviour related to domestic violence.","sortOrder":104},{"sectionNumber":"sec.69","sectionType":"section","heading":"Court may make intervention order","content":"### sec.69 Court may make intervention order\n\nIf a court makes or varies a domestic violence order, the court may make an order (an intervention order ), with the agreement of the respondent mentioned in section 71 (b) and (c) , that requires the respondent to attend either or both of the following—\nan approved intervention program provided by an approved provider;\ncounselling provided by an approved provider.\nHowever, the court may make an intervention order only if the court is satisfied that an approved provider is available to provide the approved intervention program or the counselling at a location reasonably convenient to the respondent, having regard to where the respondent lives or works.\nThe intervention order must require the respondent to—\nreport to a stated approved provider at a stated place, and within a stated time, to allow the approved provider to assess the respondent’s suitability to participate in an approved intervention program or counselling; and\nif the approved provider gives a notice under section 72 (3) confirming the respondent’s suitability—attend an approved intervention program or counselling provided by an approved provider; and\ncomply with every reasonable direction given to the respondent by an approved provider.\ns 69 amd 2016 No. 51 s 9\n(sec.69-ssec.1) If a court makes or varies a domestic violence order, the court may make an order (an intervention order ), with the agreement of the respondent mentioned in section 71 (b) and (c) , that requires the respondent to attend either or both of the following— an approved intervention program provided by an approved provider; counselling provided by an approved provider.\n(sec.69-ssec.2) However, the court may make an intervention order only if the court is satisfied that an approved provider is available to provide the approved intervention program or the counselling at a location reasonably convenient to the respondent, having regard to where the respondent lives or works.\n(sec.69-ssec.3) The intervention order must require the respondent to— report to a stated approved provider at a stated place, and within a stated time, to allow the approved provider to assess the respondent’s suitability to participate in an approved intervention program or counselling; and if the approved provider gives a notice under section 72 (3) confirming the respondent’s suitability—attend an approved intervention program or counselling provided by an approved provider; and comply with every reasonable direction given to the respondent by an approved provider.\n- (a) an approved intervention program provided by an approved provider;\n- (b) counselling provided by an approved provider.\n- (a) report to a stated approved provider at a stated place, and within a stated time, to allow the approved provider to assess the respondent’s suitability to participate in an approved intervention program or counselling; and\n- (b) if the approved provider gives a notice under section 72 (3) confirming the respondent’s suitability—attend an approved intervention program or counselling provided by an approved provider; and\n- (c) comply with every reasonable direction given to the respondent by an approved provider.","sortOrder":105},{"sectionNumber":"sec.70","sectionType":"section","heading":"Intervention order to be explained","content":"### sec.70 Intervention order to be explained\n\nBefore making an intervention order, the court must explain, or cause to be explained, to the respondent—\nthe purpose and effect of the order; and\nwhat may follow if the respondent contravenes the requirements of the order; and\nUnder sections 37 (2) (a) (ii) and 91 (3) (a) , a contravention of an intervention order is relevant to the making of a protection order and the variation of a domestic violence order.\nthat the order may be varied or revoked on application of the respondent or a police officer.\ns 70 amd 2016 No. 51 s 73 sch 1\n- (a) the purpose and effect of the order; and\n- (b) what may follow if the respondent contravenes the requirements of the order; and Note— Under sections 37 (2) (a) (ii) and 91 (3) (a) , a contravention of an intervention order is relevant to the making of a protection order and the variation of a domestic violence order.\n- (c) that the order may be varied or revoked on application of the respondent or a police officer.","sortOrder":106},{"sectionNumber":"sec.71","sectionType":"section","heading":"Respondent to agree to making or amending of intervention order","content":"### sec.71 Respondent to agree to making or amending of intervention order\n\nThe court may make or amend an intervention order only if the respondent—\nis present in court; and\nagrees to the order being made or amended; and\nagrees to comply with the order as made or amended.\ns 71 amd 2016 No. 51 s 73 sch 1\n- (a) is present in court; and\n- (b) agrees to the order being made or amended; and\n- (c) agrees to comply with the order as made or amended.","sortOrder":107},{"sectionNumber":"sec.72","sectionType":"section","heading":"Assessment of suitability of respondent","content":"### sec.72 Assessment of suitability of respondent\n\nIf a court makes an intervention order, the clerk of the court must give a copy of the order to the stated approved provider mentioned in section 69 (3) (a) .\nThe approved provider must assess the respondent’s suitability to participate in an approved intervention program or counselling taking into consideration the following—\nthe respondent’s character and personal history;\nthe respondent’s language skills;\nthe respondent’s cultural background, including whether the respondent identifies as an Aboriginal or Torres Strait Islander person;\nany disabilities, psychiatric or psychological conditions of the respondent;\nany alcohol or drug problems of the respondent;\nthe effect of the matters mentioned in paragraph (a) to (e) on the respondent’s ability to participate in an approved intervention program or counselling;\nwhether there is an approved intervention program or counselling that is available and suitable, including culturally appropriate, for the respondent;\nwhether and, if so, how the respondent’s participation in the approved intervention program or counselling could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order or of someone else;\nany other relevant matters.\nIf the approved provider considers that the respondent is suitable to participate in an approved intervention program or counselling, the approved provider must give the court a notice in the approved form stating—\nthat the respondent is suitable to participate in the program or counselling; and\nthe date when the respondent will start attending the program or counselling; and\nthe name of the approved provider who will provide the program or counselling; and\nthe estimated period of time within which the respondent is likely to complete the program or counselling.\nIf the approved provider considers that the respondent is not suitable to participate in an approved intervention program or counselling, the approved provider must give the court, and the police commissioner, a notice in the approved form stating that the respondent is not suitable to participate in an approved intervention program or counselling.\ns 72 amd 2016 No. 51 s 73 sch 1 ; 2024 No. 5 s 102 sch 1 div 1\n(sec.72-ssec.1) If a court makes an intervention order, the clerk of the court must give a copy of the order to the stated approved provider mentioned in section 69 (3) (a) .\n(sec.72-ssec.2) The approved provider must assess the respondent’s suitability to participate in an approved intervention program or counselling taking into consideration the following— the respondent’s character and personal history; the respondent’s language skills; the respondent’s cultural background, including whether the respondent identifies as an Aboriginal or Torres Strait Islander person; any disabilities, psychiatric or psychological conditions of the respondent; any alcohol or drug problems of the respondent; the effect of the matters mentioned in paragraph (a) to (e) on the respondent’s ability to participate in an approved intervention program or counselling; whether there is an approved intervention program or counselling that is available and suitable, including culturally appropriate, for the respondent; whether and, if so, how the respondent’s participation in the approved intervention program or counselling could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order or of someone else; any other relevant matters.\n(sec.72-ssec.3) If the approved provider considers that the respondent is suitable to participate in an approved intervention program or counselling, the approved provider must give the court a notice in the approved form stating— that the respondent is suitable to participate in the program or counselling; and the date when the respondent will start attending the program or counselling; and the name of the approved provider who will provide the program or counselling; and the estimated period of time within which the respondent is likely to complete the program or counselling.\n(sec.72-ssec.4) If the approved provider considers that the respondent is not suitable to participate in an approved intervention program or counselling, the approved provider must give the court, and the police commissioner, a notice in the approved form stating that the respondent is not suitable to participate in an approved intervention program or counselling.\n- (a) the respondent’s character and personal history;\n- (b) the respondent’s language skills;\n- (c) the respondent’s cultural background, including whether the respondent identifies as an Aboriginal or Torres Strait Islander person;\n- (d) any disabilities, psychiatric or psychological conditions of the respondent;\n- (e) any alcohol or drug problems of the respondent;\n- (f) the effect of the matters mentioned in paragraph (a) to (e) on the respondent’s ability to participate in an approved intervention program or counselling;\n- (g) whether there is an approved intervention program or counselling that is available and suitable, including culturally appropriate, for the respondent;\n- (h) whether and, if so, how the respondent’s participation in the approved intervention program or counselling could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order or of someone else;\n- (i) any other relevant matters.\n- (a) that the respondent is suitable to participate in the program or counselling; and\n- (b) the date when the respondent will start attending the program or counselling; and\n- (c) the name of the approved provider who will provide the program or counselling; and\n- (d) the estimated period of time within which the respondent is likely to complete the program or counselling.","sortOrder":108},{"sectionNumber":"sec.73","sectionType":"section","heading":"Contravention of intervention order","content":"### sec.73 Contravention of intervention order\n\nIf an approved provider becomes aware that a respondent has contravened an intervention order, the approved provider must give the court, and the police commissioner, a notice in the approved form stating—\nthat the respondent has contravened the intervention order; and\nthe nature of the contravention; and\nthe date of the contravention.\nThe approved provider must give the notice within 14 days after the approved provider becomes aware of the contravention.\nHowever, subsection (1) does not apply if the approved provider is satisfied that—\nthe contravention is minor; and\nthe respondent has taken steps to remedy the contravention or has otherwise substantially complied with the intervention order.\ns 73 amd 2016 No. 51 s 73 sch 1\n(sec.73-ssec.1) If an approved provider becomes aware that a respondent has contravened an intervention order, the approved provider must give the court, and the police commissioner, a notice in the approved form stating— that the respondent has contravened the intervention order; and the nature of the contravention; and the date of the contravention.\n(sec.73-ssec.2) The approved provider must give the notice within 14 days after the approved provider becomes aware of the contravention.\n(sec.73-ssec.3) However, subsection (1) does not apply if the approved provider is satisfied that— the contravention is minor; and the respondent has taken steps to remedy the contravention or has otherwise substantially complied with the intervention order.\n- (a) that the respondent has contravened the intervention order; and\n- (b) the nature of the contravention; and\n- (c) the date of the contravention.\n- (a) the contravention is minor; and\n- (b) the respondent has taken steps to remedy the contravention or has otherwise substantially complied with the intervention order.","sortOrder":109},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice of completion","content":"### sec.74 Notice of completion\n\nIf a respondent completes an approved intervention program or counselling, the approved provider must give the respondent, the court and the police commissioner a notice in the approved form stating—\nthat the respondent has completed the program or counselling; and\nthe date on which the respondent completed the program or counselling.\nThe approved provider must give the notice within 14 days after the respondent completes the program or counselling.\n(sec.74-ssec.1) If a respondent completes an approved intervention program or counselling, the approved provider must give the respondent, the court and the police commissioner a notice in the approved form stating— that the respondent has completed the program or counselling; and the date on which the respondent completed the program or counselling.\n(sec.74-ssec.2) The approved provider must give the notice within 14 days after the respondent completes the program or counselling.\n- (a) that the respondent has completed the program or counselling; and\n- (b) the date on which the respondent completed the program or counselling.","sortOrder":110},{"sectionNumber":"sec.75","sectionType":"section","heading":"Approval of providers and intervention programs","content":"### sec.75 Approval of providers and intervention programs\n\nThe chief executive may approve an entity as an approved provider if the chief executive is satisfied that the entity—\nhas appropriate experience and qualifications to provide an approved intervention program or counselling; and\nsatisfies any other criteria prescribed by regulation.\nThe chief executive may approve a program as an approved intervention program if the chief executive is satisfied that—\nthe program aims to—\nincrease participants’ accountability for domestic violence; and\nhelp participants to change their behaviour; and\nincrease the safety, protection and wellbeing of persons against whom domestic violence has been committed; and\nthe program satisfies any other criteria prescribed by regulation.\nAn approval mentioned in subsection (1) or (2) must be in writing.\nThe chief executive must—\nprepare, and keep up to date, a list of approved providers and approved intervention programs; and\ngive a copy of the list to—\nthe Chief Magistrate; and\nthe police commissioner.\ns 75 amd 2024 No. 5 s 102 sch 1 div 1 ; 2025 No. 18 s 16\n(sec.75-ssec.1) The chief executive may approve an entity as an approved provider if the chief executive is satisfied that the entity— has appropriate experience and qualifications to provide an approved intervention program or counselling; and satisfies any other criteria prescribed by regulation.\n(sec.75-ssec.2) The chief executive may approve a program as an approved intervention program if the chief executive is satisfied that— the program aims to— increase participants’ accountability for domestic violence; and help participants to change their behaviour; and increase the safety, protection and wellbeing of persons against whom domestic violence has been committed; and the program satisfies any other criteria prescribed by regulation.\n(sec.75-ssec.3) An approval mentioned in subsection (1) or (2) must be in writing.\n(sec.75-ssec.4) The chief executive must— prepare, and keep up to date, a list of approved providers and approved intervention programs; and give a copy of the list to— the Chief Magistrate; and the police commissioner.\n- (a) has appropriate experience and qualifications to provide an approved intervention program or counselling; and\n- (b) satisfies any other criteria prescribed by regulation.\n- (a) the program aims to— (i) increase participants’ accountability for domestic violence; and (ii) help participants to change their behaviour; and (iii) increase the safety, protection and wellbeing of persons against whom domestic violence has been committed; and\n- (i) increase participants’ accountability for domestic violence; and\n- (ii) help participants to change their behaviour; and\n- (iii) increase the safety, protection and wellbeing of persons against whom domestic violence has been committed; and\n- (b) the program satisfies any other criteria prescribed by regulation.\n- (i) increase participants’ accountability for domestic violence; and\n- (ii) help participants to change their behaviour; and\n- (iii) increase the safety, protection and wellbeing of persons against whom domestic violence has been committed; and\n- (a) prepare, and keep up to date, a list of approved providers and approved intervention programs; and\n- (b) give a copy of the list to— (i) the Chief Magistrate; and (ii) the police commissioner.\n- (i) the Chief Magistrate; and\n- (ii) the police commissioner.\n- (i) the Chief Magistrate; and\n- (ii) the police commissioner.","sortOrder":111},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Relationship between domestic violence orders and family law orders","content":"## Relationship between domestic violence orders and family law orders","sortOrder":112},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 om 2016 No. 51 s 10","sortOrder":113},{"sectionNumber":"sec.77","sectionType":"section","heading":"Applicant must disclose family law order","content":"### sec.77 Applicant must disclose family law order\n\nThis section applies to a person who—\napplies to a court for a domestic violence order or a variation of a domestic violence order; and\nis aware of a family law order.\nThe person must—\ninform the court about the family law order; and\nif the person has a copy of the order, give a copy of the order to the court.\nFailure to comply with subsection (2) does not invalidate or otherwise affect an application for a domestic violence order or an application for a variation of a domestic violence order.\n(sec.77-ssec.1) This section applies to a person who— applies to a court for a domestic violence order or a variation of a domestic violence order; and is aware of a family law order.\n(sec.77-ssec.2) The person must— inform the court about the family law order; and if the person has a copy of the order, give a copy of the order to the court.\n(sec.77-ssec.3) Failure to comply with subsection (2) does not invalidate or otherwise affect an application for a domestic violence order or an application for a variation of a domestic violence order.\n- (a) applies to a court for a domestic violence order or a variation of a domestic violence order; and\n- (b) is aware of a family law order.\n- (a) inform the court about the family law order; and\n- (b) if the person has a copy of the order, give a copy of the order to the court.","sortOrder":114},{"sectionNumber":"sec.78","sectionType":"section","heading":"Court must consider family law order","content":"### sec.78 Court must consider family law order\n\nBefore deciding whether to make or vary a domestic violence order, the court must—\nhave regard to any family law order of which the court has been informed; and\nif the family law order allows contact between a respondent and a child that may be restricted under the proposed domestic violence order or variation—consider whether to exercise its power, under the Family Law Act 1975 (Cwlth) , section 68R or the Family Court Act 1997 (WA) , section 176 , to revive, vary, discharge or suspend the family law order.\nHowever, the court must not diminish the standard of protection given by a domestic violence order for the purpose of facilitating consistency with a family law order.\nIf the court is considering whether to exercise its power as mentioned in subsection (1) (b) , the court must give the parties to the proceeding a reasonable opportunity to present evidence and to prepare and make submissions about the exercise of the power.\nHowever, subsection (3) does not apply if the court is deciding whether to make a temporary protection order under section 47 .\nFailure to comply with subsection (1) does not invalidate or otherwise affect a domestic violence order or a variation of a domestic violence order.\ns 78 amd 2016 No. 51 s 11\n(sec.78-ssec.1) Before deciding whether to make or vary a domestic violence order, the court must— have regard to any family law order of which the court has been informed; and if the family law order allows contact between a respondent and a child that may be restricted under the proposed domestic violence order or variation—consider whether to exercise its power, under the Family Law Act 1975 (Cwlth) , section 68R or the Family Court Act 1997 (WA) , section 176 , to revive, vary, discharge or suspend the family law order.\n(sec.78-ssec.2) However, the court must not diminish the standard of protection given by a domestic violence order for the purpose of facilitating consistency with a family law order.\n(sec.78-ssec.3) If the court is considering whether to exercise its power as mentioned in subsection (1) (b) , the court must give the parties to the proceeding a reasonable opportunity to present evidence and to prepare and make submissions about the exercise of the power.\n(sec.78-ssec.4) However, subsection (3) does not apply if the court is deciding whether to make a temporary protection order under section 47 .\n(sec.78-ssec.5) Failure to comply with subsection (1) does not invalidate or otherwise affect a domestic violence order or a variation of a domestic violence order.\n- (a) have regard to any family law order of which the court has been informed; and\n- (b) if the family law order allows contact between a respondent and a child that may be restricted under the proposed domestic violence order or variation—consider whether to exercise its power, under the Family Law Act 1975 (Cwlth) , section 68R or the Family Court Act 1997 (WA) , section 176 , to revive, vary, discharge or suspend the family law order.","sortOrder":115},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Weapons","content":"## Weapons","sortOrder":116},{"sectionNumber":"sec.79","sectionType":"section","heading":"Definition for div 8","content":"### sec.79 Definition for div 8\n\nIn this division—\npossess , a weapon or thing, includes—\nhave custody of it; and\ncommit it to someone else’s custody but have control of it or a claim to its custody; and\nif someone else otherwise has custody of it—\nbe able to obtain its custody at will; or\nhave control of it.\n- (a) have custody of it; and\n- (b) commit it to someone else’s custody but have control of it or a claim to its custody; and\n- (c) if someone else otherwise has custody of it— (i) be able to obtain its custody at will; or (ii) have control of it.\n- (i) be able to obtain its custody at will; or\n- (ii) have control of it.\n- (i) be able to obtain its custody at will; or\n- (ii) have control of it.","sortOrder":117},{"sectionNumber":"sec.80","sectionType":"section","heading":"Court must consider matters relating to weapons","content":"### sec.80 Court must consider matters relating to weapons\n\nThis section applies if—\nthe respondent is present in court; or\na police officer is the applicant for a domestic violence order, or otherwise appears in the proceeding before the court.\nBefore making a domestic violence order, the court must ask about—\nwhether the respondent has a weapons licence; and\nwhether the respondent possesses a weapon; and\nwhether the respondent has access to a weapon as part of the respondent’s employment; and\nwhether the respondent has access to a weapon because the respondent is a person mentioned in the Weapons Act , section 2 ; and\nif paragraph (c) or (d) apply—\nthe respondent’s employer, including the employer’s name and address; and\nthe employment or other arrangements relating to the respondent having access to a weapon.\nAfter asking about the matters mentioned in subsection (2) , the court may include 1 or more of the following in the domestic violence order to the extent the court considers reasonable—\ninformation about any weapons licence of the respondent;\ninformation about any weapon the respondent possesses;\ninformation about any weapon to which the respondent has access because of the respondent’s employment;\ninformation about any weapon to which the respondent has access because the respondent is a person mentioned in the Weapons Act , section 2 ;\na statement that when the domestic violence order is served on the respondent the Weapons Act applies to the respondent under section 83 , despite the Weapons Act , section 2 .\nSubsection (3) does not limit section 84 or 85 .\nIn this section—\nemployment , of a respondent, includes employment by a partnership in which the respondent is a partner.\n(sec.80-ssec.1) This section applies if— the respondent is present in court; or a police officer is the applicant for a domestic violence order, or otherwise appears in the proceeding before the court.\n(sec.80-ssec.2) Before making a domestic violence order, the court must ask about— whether the respondent has a weapons licence; and whether the respondent possesses a weapon; and whether the respondent has access to a weapon as part of the respondent’s employment; and whether the respondent has access to a weapon because the respondent is a person mentioned in the Weapons Act , section 2 ; and if paragraph (c) or (d) apply— the respondent’s employer, including the employer’s name and address; and the employment or other arrangements relating to the respondent having access to a weapon.\n(sec.80-ssec.3) After asking about the matters mentioned in subsection (2) , the court may include 1 or more of the following in the domestic violence order to the extent the court considers reasonable— information about any weapons licence of the respondent; information about any weapon the respondent possesses; information about any weapon to which the respondent has access because of the respondent’s employment; information about any weapon to which the respondent has access because the respondent is a person mentioned in the Weapons Act , section 2 ; a statement that when the domestic violence order is served on the respondent the Weapons Act applies to the respondent under section 83 , despite the Weapons Act , section 2 .\n(sec.80-ssec.4) Subsection (3) does not limit section 84 or 85 .\n(sec.80-ssec.5) In this section— employment , of a respondent, includes employment by a partnership in which the respondent is a partner.\n- (a) the respondent is present in court; or\n- (b) a police officer is the applicant for a domestic violence order, or otherwise appears in the proceeding before the court.\n- (a) whether the respondent has a weapons licence; and\n- (b) whether the respondent possesses a weapon; and\n- (c) whether the respondent has access to a weapon as part of the respondent’s employment; and\n- (d) whether the respondent has access to a weapon because the respondent is a person mentioned in the Weapons Act , section 2 ; and\n- (e) if paragraph (c) or (d) apply— (i) the respondent’s employer, including the employer’s name and address; and (ii) the employment or other arrangements relating to the respondent having access to a weapon.\n- (i) the respondent’s employer, including the employer’s name and address; and\n- (ii) the employment or other arrangements relating to the respondent having access to a weapon.\n- (i) the respondent’s employer, including the employer’s name and address; and\n- (ii) the employment or other arrangements relating to the respondent having access to a weapon.\n- (a) information about any weapons licence of the respondent;\n- (b) information about any weapon the respondent possesses;\n- (c) information about any weapon to which the respondent has access because of the respondent’s employment;\n- (d) information about any weapon to which the respondent has access because the respondent is a person mentioned in the Weapons Act , section 2 ;\n- (e) a statement that when the domestic violence order is served on the respondent the Weapons Act applies to the respondent under section 83 , despite the Weapons Act , section 2 .","sortOrder":118},{"sectionNumber":"sec.81","sectionType":"section","heading":"Condition relating to thing used as a weapon","content":"### sec.81 Condition relating to thing used as a weapon\n\nThis section applies if a court is satisfied that a respondent—\nhas used, or threatened to use, a thing in committing domestic violence against the aggrieved, or associated domestic violence against a named person; and\nis likely to use the thing again or carry out the threat.\nan animal including a pet\nan antique firearm, crossbow or spear gun\na cricket or baseball bat\nThe court may, as a condition of the domestic violence order, prohibit the respondent from possessing the thing, or a thing of the same type, for the duration of the order.\nIf the court makes an order under subsection (2) , the thing is taken to be a weapon and may be dealt with under this Act and the Weapons Act as a weapon for which the respondent does not have a licence.\nThis section does not limit section 57 or 63 .\n(sec.81-ssec.1) This section applies if a court is satisfied that a respondent— has used, or threatened to use, a thing in committing domestic violence against the aggrieved, or associated domestic violence against a named person; and is likely to use the thing again or carry out the threat. an animal including a pet an antique firearm, crossbow or spear gun a cricket or baseball bat\n(sec.81-ssec.2) The court may, as a condition of the domestic violence order, prohibit the respondent from possessing the thing, or a thing of the same type, for the duration of the order.\n(sec.81-ssec.3) If the court makes an order under subsection (2) , the thing is taken to be a weapon and may be dealt with under this Act and the Weapons Act as a weapon for which the respondent does not have a licence.\n(sec.81-ssec.4) This section does not limit section 57 or 63 .\n- (a) has used, or threatened to use, a thing in committing domestic violence against the aggrieved, or associated domestic violence against a named person; and\n- (b) is likely to use the thing again or carry out the threat.\n- • an animal including a pet\n- • an antique firearm, crossbow or spear gun\n- • a cricket or baseball bat","sortOrder":119},{"sectionNumber":"sec.82","sectionType":"section","heading":"Domestic violence order must include information about weapons","content":"### sec.82 Domestic violence order must include information about weapons\n\nThe purpose of this section is to ensure that a police officer has as much information available as is possible when the police officer exercises a power under an Act to obtain or seize a weapon.\nIn making a domestic violence order, the court must state as much information as it can about the weapons that the respondent possesses.\nIn this section—\nweapon includes a thing that a respondent is prohibited from possessing under section 81 (2) .\n(sec.82-ssec.1) The purpose of this section is to ensure that a police officer has as much information available as is possible when the police officer exercises a power under an Act to obtain or seize a weapon.\n(sec.82-ssec.2) In making a domestic violence order, the court must state as much information as it can about the weapons that the respondent possesses.\n(sec.82-ssec.3) In this section— weapon includes a thing that a respondent is prohibited from possessing under section 81 (2) .","sortOrder":120},{"sectionNumber":"sec.83","sectionType":"section","heading":"No exemption under Weapons Act","content":"### sec.83 No exemption under Weapons Act\n\nThis section applies to each of the following—\na person who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the police commissioner, as mentioned in the Weapons Act , section 2 (1) (e) ;\na person who is undergoing an approved training course, as mentioned in the Weapons Act , section 2 (1) (g) ;\na person who is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory, as mentioned in the Weapons Act , section 2 (1) (h) ;\na person who is engaged in scientific or experimental work with any weapon under an authority, as mentioned in the Weapons Act , section 2 (1) (i) ;\na person who is actually engaged in the warehousing or transport under consignment of merchandise, as mentioned in the Weapons Act , section 2 (1) (l) ;\na person to whom the police commissioner has granted an exemption from provisions of the Weapons Act , as mentioned in the Weapons Act , section 2 (1) (m) ;\na person who is an employee of a government service entity within the meaning of the Weapons Act , section 2 (9) , as mentioned in the Weapons Act , section 2 (2) .\nIf the person is named as the respondent in a domestic violence order, police protection direction, police protection notice or release conditions, the Weapons Act applies to the person for the duration of the order, direction, notice or conditions despite the Weapons Act , section 2 .\nHowever, the respondent can not be convicted of an offence against the Weapons Act , because of the operation of subsection (2) , unless the act or omission that constitutes the offence happens after the domestic violence order, police protection direction, police protection notice or release conditions are served on the respondent.\nSubsection (3) does not apply if—\nthe respondent is present in court when the court makes the domestic violence order; or\nthe respondent is present when a police officer issues the police protection direction or police protection notice and explains the direction or notice.\ns 83 amd 2016 No. 51 s 12 ; 2025 No. 18 s 17\n(sec.83-ssec.1) This section applies to each of the following— a person who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the police commissioner, as mentioned in the Weapons Act , section 2 (1) (e) ; a person who is undergoing an approved training course, as mentioned in the Weapons Act , section 2 (1) (g) ; a person who is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory, as mentioned in the Weapons Act , section 2 (1) (h) ; a person who is engaged in scientific or experimental work with any weapon under an authority, as mentioned in the Weapons Act , section 2 (1) (i) ; a person who is actually engaged in the warehousing or transport under consignment of merchandise, as mentioned in the Weapons Act , section 2 (1) (l) ; a person to whom the police commissioner has granted an exemption from provisions of the Weapons Act , as mentioned in the Weapons Act , section 2 (1) (m) ; a person who is an employee of a government service entity within the meaning of the Weapons Act , section 2 (9) , as mentioned in the Weapons Act , section 2 (2) .\n(sec.83-ssec.2) If the person is named as the respondent in a domestic violence order, police protection direction, police protection notice or release conditions, the Weapons Act applies to the person for the duration of the order, direction, notice or conditions despite the Weapons Act , section 2 .\n(sec.83-ssec.3) However, the respondent can not be convicted of an offence against the Weapons Act , because of the operation of subsection (2) , unless the act or omission that constitutes the offence happens after the domestic violence order, police protection direction, police protection notice or release conditions are served on the respondent.\n(sec.83-ssec.4) Subsection (3) does not apply if— the respondent is present in court when the court makes the domestic violence order; or the respondent is present when a police officer issues the police protection direction or police protection notice and explains the direction or notice.\n- (a) a person who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the police commissioner, as mentioned in the Weapons Act , section 2 (1) (e) ;\n- (b) a person who is undergoing an approved training course, as mentioned in the Weapons Act , section 2 (1) (g) ;\n- (c) a person who is actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory, as mentioned in the Weapons Act , section 2 (1) (h) ;\n- (d) a person who is engaged in scientific or experimental work with any weapon under an authority, as mentioned in the Weapons Act , section 2 (1) (i) ;\n- (e) a person who is actually engaged in the warehousing or transport under consignment of merchandise, as mentioned in the Weapons Act , section 2 (1) (l) ;\n- (f) a person to whom the police commissioner has granted an exemption from provisions of the Weapons Act , as mentioned in the Weapons Act , section 2 (1) (m) ;\n- (g) a person who is an employee of a government service entity within the meaning of the Weapons Act , section 2 (9) , as mentioned in the Weapons Act , section 2 (2) .\n- (a) the respondent is present in court when the court makes the domestic violence order; or\n- (b) the respondent is present when a police officer issues the police protection direction or police protection notice and explains the direction or notice.","sortOrder":121},{"sectionNumber":"pt.3-div.9","sectionType":"division","heading":"Explanation of domestic violence orders","content":"## Explanation of domestic violence orders","sortOrder":122},{"sectionNumber":"sec.84","sectionType":"section","heading":"Court to ensure respondent and aggrieved understand domestic violence order","content":"### sec.84 Court to ensure respondent and aggrieved understand domestic violence order\n\nIf a court is hearing an application for a domestic violence order, and the aggrieved or the respondent is personally before the court for the first time in relation to the application, the court must ensure that the aggrieved or respondent understands the nature, purpose and legal implications of the proceeding and of any order or ruling made by the court.\nIf a court is about to make a domestic violence order, and the respondent is before the court, the court must ensure the respondent understands—\nthe purpose, terms and effect of the proposed order, including, for example, that—\nthe order may be enforceable in other States and New Zealand without further notice to the respondent; and\nif the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and\nunder the Weapons Act , section 10B , a person against whom a protection order is made can not apply for a weapons licence for a period of 5 years from the date of the order; and\nunder section 83 (2) , a person against whom a domestic violence order is made is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and\nthe consequences of a domestic violence order, as set out in subparagraphs (ii) to (iv) , can only be avoided if the respondent successfully appeals the domestic violence order; and\nthe type of behaviour that constitutes domestic violence; and\nSee 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 .\nwhat may follow if the respondent contravenes the proposed order; and\nthat the respondent may apply for a variation of the order.\nIf a court is about to make a domestic violence order, and the aggrieved is before the court, the court must ensure the aggrieved understands—\nthe purpose, terms and effect of the proposed order, including, for example, that the order may be enforceable in other States and New Zealand; and\nthe type of behaviour that constitutes domestic violence; and\nSee 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 .\nwhat the aggrieved may do, and what may follow, if the respondent contravenes the proposed order; and\nthat the aggrieved may apply for a variation of the order.\nThe process that the court adopts to comply with this section may include using services of, or help from, other people to the extent the court considers appropriate.\nThe court may arrange for the clerk, or a public service employee at the court, to explain the order to an aggrieved or respondent.\nA professional interpreter or the telephone interpreter service (but not a relative or friend of the aggrieved or respondent) may be used to explain the order to an aggrieved or respondent.\nExplanatory notes prepared for aggrieveds or respondents, including non-English speakers, may be given to an aggrieved or respondent.\nThe court may arrange with a local government indigenous regional council under the Local Government Act 2009 , community justice group or group of elders for someone to explain the order to an aggrieved or respondent.\nThe court may arrange with a non-government service provider for a disability case worker to explain the order to an aggrieved or respondent who has a disability.\nFailure to comply with this section does not invalidate or otherwise affect a domestic violence order.\ns 84 amd 2016 No. 51 s 13\n(sec.84-ssec.1) If a court is hearing an application for a domestic violence order, and the aggrieved or the respondent is personally before the court for the first time in relation to the application, the court must ensure that the aggrieved or respondent understands the nature, purpose and legal implications of the proceeding and of any order or ruling made by the court.\n(sec.84-ssec.2) If a court is about to make a domestic violence order, and the respondent is before the court, the court must ensure the respondent understands— the purpose, terms and effect of the proposed order, including, for example, that— the order may be enforceable in other States and New Zealand without further notice to the respondent; and if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and under the Weapons Act , section 10B , a person against whom a protection order is made can not apply for a weapons licence for a period of 5 years from the date of the order; and under section 83 (2) , a person against whom a domestic violence order is made is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and the consequences of a domestic violence order, as set out in subparagraphs (ii) to (iv) , can only be avoided if the respondent successfully appeals the domestic violence order; and the type of behaviour that constitutes domestic violence; and 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 . what may follow if the respondent contravenes the proposed order; and that the respondent may apply for a variation of the order.\n(sec.84-ssec.3) If a court is about to make a domestic violence order, and the aggrieved is before the court, the court must ensure the aggrieved understands— the purpose, terms and effect of the proposed order, including, for example, that the order may be enforceable in other States and New Zealand; and the type of behaviour that constitutes domestic violence; and 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 . what the aggrieved may do, and what may follow, if the respondent contravenes the proposed order; and that the aggrieved may apply for a variation of the order.\n(sec.84-ssec.4) The process that the court adopts to comply with this section may include using services of, or help from, other people to the extent the court considers appropriate. The court may arrange for the clerk, or a public service employee at the court, to explain the order to an aggrieved or respondent. A professional interpreter or the telephone interpreter service (but not a relative or friend of the aggrieved or respondent) may be used to explain the order to an aggrieved or respondent. Explanatory notes prepared for aggrieveds or respondents, including non-English speakers, may be given to an aggrieved or respondent. The court may arrange with a local government indigenous regional council under the Local Government Act 2009 , community justice group or group of elders for someone to explain the order to an aggrieved or respondent. The court may arrange with a non-government service provider for a disability case worker to explain the order to an aggrieved or respondent who has a disability.\n(sec.84-ssec.5) Failure to comply with this section does not invalidate or otherwise affect a domestic violence order.\n- (a) the purpose, terms and effect of the proposed order, including, for example, that— (i) the order may be enforceable in other States and New Zealand without further notice to the respondent; and (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and (iii) under the Weapons Act , section 10B , a person against whom a protection order is made can not apply for a weapons licence for a period of 5 years from the date of the order; and (iv) under section 83 (2) , a person against whom a domestic violence order is made is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and (v) the consequences of a domestic violence order, as set out in subparagraphs (ii) to (iv) , can only be avoided if the respondent successfully appeals the domestic violence order; and\n- (i) the order may be enforceable in other States and New Zealand without further notice to the respondent; and\n- (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and\n- (iii) under the Weapons Act , section 10B , a person against whom a protection order is made can not apply for a weapons licence for a period of 5 years from the date of the order; and\n- (iv) under section 83 (2) , a person against whom a domestic violence order is made is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and\n- (v) the consequences of a domestic violence order, as set out in subparagraphs (ii) to (iv) , can only be avoided if the respondent successfully appeals the domestic violence order; and\n- (b) the type of behaviour that constitutes domestic violence; 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 .\n- (c) what may follow if the respondent contravenes the proposed order; and\n- (d) that the respondent may apply for a variation of the order.\n- (i) the order may be enforceable in other States and New Zealand without further notice to the respondent; and\n- (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and\n- (iii) under the Weapons Act , section 10B , a person against whom a protection order is made can not apply for a weapons licence for a period of 5 years from the date of the order; and\n- (iv) under section 83 (2) , a person against whom a domestic violence order is made is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and\n- (v) the consequences of a domestic violence order, as set out in subparagraphs (ii) to (iv) , can only be avoided if the respondent successfully appeals the domestic violence order; and\n- (a) the purpose, terms and effect of the proposed order, including, for example, that the order may be enforceable in other States and New Zealand; and\n- (b) the type of behaviour that constitutes domestic violence; 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 .\n- (c) what the aggrieved may do, and what may follow, if the respondent contravenes the proposed order; and\n- (d) that the aggrieved may apply for a variation of the order.\n- 1 The court may arrange for the clerk, or a public service employee at the court, to explain the order to an aggrieved or respondent.\n- 2 A professional interpreter or the telephone interpreter service (but not a relative or friend of the aggrieved or respondent) may be used to explain the order to an aggrieved or respondent.\n- 3 Explanatory notes prepared for aggrieveds or respondents, including non-English speakers, may be given to an aggrieved or respondent.\n- 4 The court may arrange with a local government indigenous regional council under the Local Government Act 2009 , community justice group or group of elders for someone to explain the order to an aggrieved or respondent.\n- 5 The court may arrange with a non-government service provider for a disability case worker to explain the order to an aggrieved or respondent who has a disability.","sortOrder":123},{"sectionNumber":"sec.85","sectionType":"section","heading":"Domestic violence order to include written explanation","content":"### sec.85 Domestic violence order to include written explanation\n\nIf a court makes a domestic violence order, the copy of the order served on the respondent, or given to the aggrieved, must include a written explanation of the order.\nThe written explanation included in the copy served on the respondent must contain the information mentioned in section 84 (2) .\nThe written explanation included in the copy given to the aggrieved must contain the information mentioned in section 84 (3) .\nA reference in subsection (1) or (2) to a copy of a domestic violence order served on the respondent includes a copy of a domestic violence order given to the respondent, or the respondent’s appointee, or sent to the respondent under section 184 (4) .\ns 85 amd 2016 No. 51 s 14\n(sec.85-ssec.1) If a court makes a domestic violence order, the copy of the order served on the respondent, or given to the aggrieved, must include a written explanation of the order.\n(sec.85-ssec.2) The written explanation included in the copy served on the respondent must contain the information mentioned in section 84 (2) .\n(sec.85-ssec.3) The written explanation included in the copy given to the aggrieved must contain the information mentioned in section 84 (3) .\n(sec.85-ssec.4) A reference in subsection (1) or (2) to a copy of a domestic violence order served on the respondent includes a copy of a domestic violence order given to the respondent, or the respondent’s appointee, or sent to the respondent under section 184 (4) .","sortOrder":124},{"sectionNumber":"pt.3-div.10","sectionType":"division","heading":"Variation of domestic violence orders","content":"## Variation of domestic violence orders","sortOrder":125},{"sectionNumber":"sec.86","sectionType":"section","heading":"Application for variation","content":"### sec.86 Application for variation\n\nAn application for a variation of a domestic violence order may be made to a court by—\nthe aggrieved; or\nthe respondent; or\na named person; or\nan authorised person for the aggrieved; or\na person acting under another Act for a person mentioned in paragraph (a) , (b) or (c) ; or\na police officer.\nThe application must—\nbe in the approved form; and\nstate the grounds on which it is made; and\nstate the nature of the variation sought; and\nif the applicant is not a police officer—be verified by the applicant by a statutory declaration (a variation declaration ); and\nbe filed in the court.\nHowever, subsection (2) (d) does not apply to an applicant if the clerk of the court agrees to grant the applicant’s request under section 90 (2) (b) .\nThe variation sought may relate to any aspect of the domestic violence order including, for example, the following—\na condition of the order;\nthe duration of the order;\nthe persons named in the order.\nHowever, a variation sought by a named person, or a person mentioned in subsection (1) (e) acting for a named person, may relate only to—\nthe naming of the person in the order; or\na condition of the order relating to the named person.\nAn application for a variation of a domestic violence order may be made only while the domestic violence order is still in force.\ns 86 amd 2016 No. 51 s 73 sch 1 ; 2021 No. 23 s 13\n(sec.86-ssec.1) An application for a variation of a domestic violence order may be made to a court by— the aggrieved; or the respondent; or a named person; or an authorised person for the aggrieved; or a person acting under another Act for a person mentioned in paragraph (a) , (b) or (c) ; or a police officer.\n(sec.86-ssec.2) The application must— be in the approved form; and state the grounds on which it is made; and state the nature of the variation sought; and if the applicant is not a police officer—be verified by the applicant by a statutory declaration (a variation declaration ); and be filed in the court.\n(sec.86-ssec.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 90 (2) (b) .\n(sec.86-ssec.4) The variation sought may relate to any aspect of the domestic violence order including, for example, the following— a condition of the order; the duration of the order; the persons named in the order.\n(sec.86-ssec.5) However, a variation sought by a named person, or a person mentioned in subsection (1) (e) acting for a named person, may relate only to— the naming of the person in the order; or a condition of the order relating to the named person.\n(sec.86-ssec.6) An application for a variation of a domestic violence order may be made only while the domestic violence order is still in force.\n- (a) the aggrieved; or\n- (b) the respondent; or\n- (c) a named person; or\n- (d) an authorised person for the aggrieved; or\n- (e) a person acting under another Act for a person mentioned in paragraph (a) , (b) or (c) ; or\n- (f) a police officer.\n- (a) be in the approved form; and\n- (b) state the grounds on which it is made; and\n- (c) state the nature of the variation sought; and\n- (d) if the applicant is not a police officer—be verified by the applicant by a statutory declaration (a variation declaration ); and\n- (e) be filed in the court.\n- (a) a condition of the order;\n- (b) the duration of the order;\n- (c) the persons named in the order.\n- (a) the naming of the person in the order; or\n- (b) a condition of the order relating to the named person.","sortOrder":126},{"sectionNumber":"sec.87","sectionType":"section","heading":"Fixing of date, time and place for hearing","content":"### sec.87 Fixing of date, time and place for hearing\n\nIf the applicant for the variation of the domestic violence 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.\nIf the applicant for the variation of the domestic violence order is a person other than a police officer, as soon as practicable after the application is filed in the court, the clerk of the court must—\nwrite on a copy of the application the date, time and place for the hearing of the application; and\ngive the copy of the application to—\nthe applicant for the variation; and\nthe officer in charge of the police station nearest the place where the respondent lives or was last known to live.\n(sec.87-ssec.1) If the applicant for the variation of the domestic violence 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.\n(sec.87-ssec.2) If the applicant for the variation of the domestic violence order is a person other than a police officer, as soon as practicable after the application is filed in the court, the clerk of the court must— write on a copy of the application the date, time and place for the hearing of the application; and give the copy of the application to— the applicant for the variation; and the officer in charge of the police station nearest the place where the respondent lives or was last known to live.\n- (a) write on a copy of the application the date, time and place for the hearing of the application; and\n- (b) give the copy of the application to— (i) the applicant for the variation; and (ii) the officer in charge of the police station nearest the place where the respondent lives or was last known to live.\n- (i) the applicant for the variation; and\n- (ii) the officer in charge of the police station nearest the place where the respondent lives or was last known to live.\n- (i) the applicant for the variation; and\n- (ii) the officer in charge of the police station nearest the place where the respondent lives or was last known to live.","sortOrder":127},{"sectionNumber":"sec.88","sectionType":"section","heading":"Service of application","content":"### sec.88 Service of application\n\nIf the applicant for the variation of the domestic violence order is a person other than the respondent, a police officer must personally serve the copy of the application prepared under section 87 (1) or (2) (a) on the respondent.\nUnder section 90 an applicant may ask the court for a hearing before the application is served on the respondent.\nThe copy of the application must state that, if the respondent does not appear in court—\nthe court may hear and decide the application in the respondent’s absence; or\nthe 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.\nIf the applicant for the variation is the respondent, a police officer must personally serve the copy of the application prepared under section 87 (1) or (2) (a) on—\nthe aggrieved; and\nany named person who is affected by the application for the variation.\nTo remove any doubt, it is declared that, if an application for a variation of a domestic violence order is made by a police officer, the application may be served on the respondent before the application is filed in the court.\nSection 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.\ns 88 amd 2016 No. 51 s 73 sch 1 ; 2021 No. 23 s 14\n(sec.88-ssec.1) If the applicant for the variation of the domestic violence order is a person other than the respondent, a police officer must personally serve the copy of the application prepared under section 87 (1) or (2) (a) on the respondent. Under section 90 an applicant may ask the court for a hearing before the application is served on the respondent.\n(sec.88-ssec.2) The copy of the application must state that, if the respondent does not appear in court— the court may hear and decide the application in the respondent’s absence; or 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.\n(sec.88-ssec.3) If the applicant for the variation is the respondent, a police officer must personally serve the copy of the application prepared under section 87 (1) or (2) (a) on— the aggrieved; and any named person who is affected by the application for the variation.\n(sec.88-ssec.4) To remove any doubt, it is declared that, if an application for a variation of a domestic violence order is made by a police officer, the application may be served on the respondent before the application is filed in the court. Section 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.\n- (a) the court may hear and decide the application in the respondent’s absence; or\n- (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.\n- (a) the aggrieved; and\n- (b) any named person who is affected by the application for the variation.","sortOrder":128},{"sectionNumber":"sec.89","sectionType":"section","heading":"Copy of application must be given to aggrieved","content":"### sec.89 Copy of application must be given to aggrieved\n\nIf the applicant for the variation is a person other than the aggrieved or the respondent, the applicant must give a copy of the application to—\nthe aggrieved; and\nany named person who is affected by the application for the variation; and\nif an authorised person for the aggrieved applied for the domestic violence order—the authorised person.\nFailure to comply with subsection (1) does not invalidate or otherwise affect an application for a variation of a domestic violence order.\n(sec.89-ssec.1) If the applicant for the variation is a person other than the aggrieved or the respondent, the applicant must give a copy of the application to— the aggrieved; and any named person who is affected by the application for the variation; and if an authorised person for the aggrieved applied for the domestic violence order—the authorised person.\n(sec.89-ssec.2) Failure to comply with subsection (1) does not invalidate or otherwise affect an application for a variation of a domestic violence order.\n- (a) the aggrieved; and\n- (b) any named person who is affected by the application for the variation; and\n- (c) if an authorised person for the aggrieved applied for the domestic violence order—the authorised person.","sortOrder":129},{"sectionNumber":"sec.90","sectionType":"section","heading":"Particular applicants may ask clerk of court for hearing before respondent is served or without variation declaration","content":"### sec.90 Particular applicants may ask clerk of court for hearing before respondent is served or without variation declaration\n\nThis section applies—\nif the applicant for a variation of a domestic violence order is a person other than the respondent; and\nfor the purpose of the court making a temporary protection order under division 2 .\nThe applicant may ask the clerk of the court to arrange for the application to be heard by the court—\nbefore the application is served on the respondent; or\nbefore the application is served on the respondent and without the applicant giving the court a variation declaration.\nThis section applies despite section 88 .\ns 90 sub 2021 No. 23 s 15\n(sec.90-ssec.1) This section applies— if the applicant for a variation of a domestic violence order is a person other than the respondent; and for the purpose of the court making a temporary protection order under division 2 .\n(sec.90-ssec.2) The applicant may ask the clerk of the court to arrange for the application to be heard by the court— before the application is served on the respondent; or before the application is served on the respondent and without the applicant giving the court a variation declaration.\n(sec.90-ssec.3) This section applies despite section 88 .\n- (a) if the applicant for a variation of a domestic violence order is a person other than the respondent; and\n- (b) for the purpose of the court making a temporary protection order under division 2 .\n- (a) before the application is served on the respondent; or\n- (b) before the application is served on the respondent and without the applicant giving the court a variation declaration.","sortOrder":130},{"sectionNumber":"sec.90A","sectionType":"section","heading":"Court must be given respondent’s criminal history and domestic violence history","content":"### sec.90A Court must be given respondent’s criminal history and domestic violence history\n\nThis section applies if—\nthe applicant for the variation of a domestic violence order is a police officer; or\nthe clerk of the court gives an application for the variation of a domestic violence order to the officer in charge of a police station under section 87 (2) (b) .\nThe police commissioner must ensure a copy of the respondent’s criminal history and domestic violence history—\nis filed in the court—\nwith an application mentioned in subsection (1) (a) ; or\nbefore the date and time stated in the application for the first hearing of the application; or\nis given to the court when the application is first heard.\nIf the respondent does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of that fact.\ns 90A ins 2023 No. 1 s 44\n(sec.90A-ssec.1) This section applies if— the applicant for the variation of a domestic violence order is a police officer; or the clerk of the court gives an application for the variation of a domestic violence order to the officer in charge of a police station under section 87 (2) (b) .\n(sec.90A-ssec.2) The police commissioner must ensure a copy of the respondent’s criminal history and domestic violence history— is filed in the court— with an application mentioned in subsection (1) (a) ; or before the date and time stated in the application for the first hearing of the application; or is given to the court when the application is first heard.\n(sec.90A-ssec.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.\n- (a) the applicant for the variation of a domestic violence order is a police officer; or\n- (b) the clerk of the court gives an application for the variation of a domestic violence order to the officer in charge of a police station under section 87 (2) (b) .\n- (a) is filed in the court— (i) with an application mentioned in subsection (1) (a) ; or (ii) before the date and time stated in the application for the first hearing of the application; or\n- (i) with an application mentioned in subsection (1) (a) ; or\n- (ii) before the date and time stated in the application for the first hearing of the application; or\n- (b) is given to the court when the application is first heard.\n- (i) with an application mentioned in subsection (1) (a) ; or\n- (ii) before the date and time stated in the application for the first hearing of the application; or","sortOrder":131},{"sectionNumber":"sec.91","sectionType":"section","heading":"When court can vary domestic violence order","content":"### sec.91 When court can vary domestic violence order\n\nA court may vary a domestic violence order—\non an application to vary it; or\non its own initiative under section 42 or 43 .\nBefore it varies a domestic violence order, the court must consider—\nthe grounds set out in the application for the protection order; and\nthe findings of the court that made the domestic violence order.\nAlso, before the court varies a domestic violence order—\nif 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 court must consider the respondent’s failure to comply with the order; or\nif 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; or\nthe court may consider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so.\nThe 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 section 90A .\nHowever, the court must not decide to vary a domestic violence order merely because the respondent has complied with an intervention order or a diversion order previously made against the respondent.\nIf the court varies a domestic violence order, the court must make a copy of the domestic violence order that states—\nthe details of the domestic violence order after the variation; and\nthe conditions of the domestic violence order after the variation.\nThe copy of the domestic violence order prepared by the court under subsection (5) is called the varied order .\ns 91 amd 2016 No. 51 s 15 ; 2023 No. 1 s 45 ; 2024 No. 5 s 39\n(sec.91-ssec.1) A court may vary a domestic violence order— on an application to vary it; or on its own initiative under section 42 or 43 .\n(sec.91-ssec.2) Before it varies a domestic violence order, the court must consider— the grounds set out in the application for the protection order; and the findings of the court that made the domestic violence order.\n(sec.91-ssec.3) Also, before the court varies a domestic violence order— 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 court must consider the respondent’s failure to comply with the order; or 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; or 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. 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 section 90A .\n(sec.91-ssec.4) However, the court must not decide to vary a domestic violence order merely because the respondent has complied with an intervention order or a diversion order previously made against the respondent.\n(sec.91-ssec.5) If the court varies a domestic violence order, the court must make a copy of the domestic violence order that states— the details of the domestic violence order after the variation; and the conditions of the domestic violence order after the variation.\n(sec.91-ssec.6) The copy of the domestic violence order prepared by the court under subsection (5) is called the varied order .\n- (a) on an application to vary it; or\n- (b) on its own initiative under section 42 or 43 .\n- (a) the grounds set out in the application for the protection order; and\n- (b) the findings of the court that made the domestic violence order.\n- (a) 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 court must consider the respondent’s failure to comply with the order; or\n- (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; or\n- (c) 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. 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 section 90A .\n- (a) the details of the domestic violence order after the variation; and\n- (b) the conditions of the domestic violence order after the variation.","sortOrder":132},{"sectionNumber":"sec.92","sectionType":"section","heading":"Considerations of court when variation may adversely affect aggrieved or named person","content":"### sec.92 Considerations of court when variation may adversely affect aggrieved or named person\n\nThis section applies if the court considers that a variation proposed to be made to a domestic violence order may adversely affect the safety, protection or wellbeing of the aggrieved or any named person.\na variation to reduce the duration of an order\na variation to remove a condition of an order\na variation to remove a named person from an order\nIn considering whether to make the variation, the court must have regard to—\nany expressed wishes of the aggrieved or named person; and\nany current contact between the aggrieved or named person and the respondent; and\nwhether any pressure has been applied, or threat has been made, to the aggrieved or named person by the respondent or someone else for the respondent; and\nthe principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount; and\nany other relevant matter.\nThe court may vary the order only if the court considers—\nthe safety, protection or wellbeing of the aggrieved or the named person would not be adversely affected by the variation; and\nif the variation is to reduce the duration of the order—there are reasons for doing so.\ns 92 amd 2016 No. 51 s 16\n(sec.92-ssec.1) This section applies if the court considers that a variation proposed to be made to a domestic violence order may adversely affect the safety, protection or wellbeing of the aggrieved or any named person. a variation to reduce the duration of an order a variation to remove a condition of an order a variation to remove a named person from an order\n(sec.92-ssec.2) In considering whether to make the variation, the court must have regard to— any expressed wishes of the aggrieved or named person; and any current contact between the aggrieved or named person and the respondent; and whether any pressure has been applied, or threat has been made, to the aggrieved or named person by the respondent or someone else for the respondent; and the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount; and any other relevant matter.\n(sec.92-ssec.3) The court may vary the order only if the court considers— the safety, protection or wellbeing of the aggrieved or the named person would not be adversely affected by the variation; and if the variation is to reduce the duration of the order—there are reasons for doing so.\n- • a variation to reduce the duration of an order\n- • a variation to remove a condition of an order\n- • a variation to remove a named person from an order\n- (a) any expressed wishes of the aggrieved or named person; and\n- (b) any current contact between the aggrieved or named person and the respondent; and\n- (c) whether any pressure has been applied, or threat has been made, to the aggrieved or named person by the respondent or someone else for the respondent; and\n- (d) the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount; and\n- (e) any other relevant matter.\n- (a) the safety, protection or wellbeing of the aggrieved or the named person would not be adversely affected by the variation; and\n- (b) if the variation is to reduce the duration of the order—there are reasons for doing so.","sortOrder":133},{"sectionNumber":"sec.93","sectionType":"section","heading":"Hearing of application—appearance of respondent","content":"### sec.93 Hearing of application—appearance of respondent\n\nThis section applies if a respondent appears before the court that is to hear and decide an application for a variation of a domestic violence order.\nThe court may—\nhear and decide the application; or\nadjourn the application, whether or not it makes a temporary protection order under division 2 ; or\nsubject to subsection (3) , dismiss the application without deciding it.\nThe court may dismiss the application without deciding it only if—\nthe applicant for the variation is a person other than the respondent; and\nthe applicant has not appeared; and\nif the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and\nno other person eligible to apply for the variation has appeared.\nThe dismissal of an application does not affect the right of the applicant to make a further application against the respondent.\n(sec.93-ssec.1) This section applies if a respondent appears before the court that is to hear and decide an application for a variation of a domestic violence order.\n(sec.93-ssec.2) The court may— hear and decide the application; or adjourn the application, whether or not it makes a temporary protection order under division 2 ; or subject to subsection (3) , dismiss the application without deciding it.\n(sec.93-ssec.3) The court may dismiss the application without deciding it only if— the applicant for the variation is a person other than the respondent; and the applicant has not appeared; and if the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and no other person eligible to apply for the variation has appeared.\n(sec.93-ssec.4) The dismissal of an application does not affect the right of the applicant to make a further application against the respondent.\n- (a) hear and decide the application; or\n- (b) adjourn the application, whether or not it makes a temporary protection order under division 2 ; or\n- (c) subject to subsection (3) , dismiss the application without deciding it.\n- (a) the applicant for the variation is a person other than the respondent; and\n- (b) the applicant has not appeared; and\n- (c) if the applicant is a police officer—no other police officer or service legal officer has requested an adjournment; and\n- (d) no other person eligible to apply for the variation has appeared.","sortOrder":134},{"sectionNumber":"sec.94","sectionType":"section","heading":"Hearing of application—non-appearance of respondent","content":"### sec.94 Hearing of application—non-appearance of respondent\n\nThis section applies if a respondent fails to appear before the court that is to hear and decide an application for a variation of a domestic violence order and the court is satisfied that the respondent has been served with a copy of the application.\nThe court may—\nhear and decide the application in the absence of the respondent; or\nadjourn the application, whether or not it makes a temporary protection order under division 2 ; or\nsubject 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; or\nif the applicant is the respondent—dismiss the application without deciding it.\n(sec.94-ssec.1) This section applies if a respondent fails to appear before the court that is to hear and decide an application for a variation of a domestic violence order and the court is satisfied that the respondent has been served with a copy of the application.\n(sec.94-ssec.2) The court may— hear and decide the application in the absence of the respondent; or adjourn the application, whether or not it makes a temporary protection order under division 2 ; or 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; or if the applicant is the respondent—dismiss the application without deciding it.\n- (a) hear and decide the application in the absence of the respondent; or\n- (b) adjourn the application, whether or not it makes a temporary protection order under division 2 ; or\n- (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; or\n- (d) if the applicant is the respondent—dismiss the application without deciding it.","sortOrder":135},{"sectionNumber":"sec.95","sectionType":"section","heading":"Police commissioner to be given copy of application for variation","content":"### sec.95 Police commissioner to be given copy of application for variation\n\nA court must not vary a domestic violence order unless it is satisfied that the police commissioner has been given a copy of the application for the variation.\nUnder section 146 (2) , a police officer or service legal officer may appear in any proceeding under this Act.","sortOrder":136},{"sectionNumber":"pt.3-div.11","sectionType":"division","heading":"Duration of domestic violence orders","content":"## Duration of domestic violence orders","sortOrder":137},{"sectionNumber":"sec.96","sectionType":"section","heading":"Start of domestic violence order","content":"### sec.96 Start of domestic violence order\n\nA domestic violence order takes effect—\non the day it is made; or\nif it is made while another domestic violence order against the respondent for the benefit of the same aggrieved is in force—at the end of the existing order or another day decided by the court.\n- (a) on the day it is made; or\n- (b) if it is made while another domestic violence order against the respondent for the benefit of the same aggrieved is in force—at the end of the existing order or another day decided by the court.","sortOrder":138},{"sectionNumber":"sec.97","sectionType":"section","heading":"End of protection order","content":"### sec.97 End of protection order\n\nA protection order continues in force until—\nthe day stated by the court in the protection order; or\nif no day is stated, the day that is 5 years after the day the protection order is made.\nThe court may order that a protection order continues in force—\nfor any period the court considers is necessary or desirable to protect the aggrieved from domestic violence or a named person from associated domestic violence; but\nfor a period of less than 5 years only if the court is satisfied there are reasons for doing so.\nIn deciding the period for which a protection order is to continue in force, 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.\nIf the court orders that a protection order continues in force for a period of less than 5 years, the court must give reasons for making the order.\ns 97 sub 2016 No. 51 s 17\n(sec.97-ssec.1) A protection order continues in force until— the day stated by the court in the protection order; or if no day is stated, the day that is 5 years after the day the protection order is made.\n(sec.97-ssec.2) The court may order that a protection order continues in force— for any period the court considers is necessary or desirable to protect the aggrieved from domestic violence or a named person from associated domestic violence; but for a period of less than 5 years only if the court is satisfied there are reasons for doing so.\n(sec.97-ssec.3) In deciding the period for which a protection order is to continue in force, 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.\n(sec.97-ssec.4) If the court orders that a protection order continues in force for a period of less than 5 years, the court must give reasons for making the order.\n- (a) the day stated by the court in the protection order; or\n- (b) if no day is stated, the day that is 5 years after the day the protection order is made.\n- (a) for any period the court considers is necessary or desirable to protect the aggrieved from domestic violence or a named person from associated domestic violence; but\n- (b) for a period of less than 5 years only if the court is satisfied there are reasons for doing so.","sortOrder":139},{"sectionNumber":"sec.98","sectionType":"section","heading":"End of temporary protection order","content":"### sec.98 End of temporary protection order\n\nA temporary protection order continues in force until—\nif, upon an application for a protection order related to the temporary protection order, the court makes a protection order and the respondent is in court when the protection order is made—when the protection order is made; or\nif, upon an application for a protection order related to the temporary protection order, the court makes a protection order and the respondent is not in court when the protection order is made, the earliest of the following—\nwhen the respondent is served with a copy of the protection order;\nwhen the protection order otherwise becomes enforceable under section 177 ;\nwhen the protection order ends; or\nif, upon an application for a protection order related to the temporary protection order, the court refuses to make a protection order—when the court refuses to make the protection order; or\nif an application for a protection order related to the temporary protection order is withdrawn—when the application is withdrawn; or\notherwise—when any protection order related to the temporary protection order ends.\n- (a) if, upon an application for a protection order related to the temporary protection order, the court makes a protection order and the respondent is in court when the protection order is made—when the protection order is made; or\n- (b) if, upon an application for a protection order related to the temporary protection order, the court makes a protection order and the respondent is not in court when the protection order is made, the earliest of the following— (i) when the respondent is served with a copy of the protection order; (ii) when the protection order otherwise becomes enforceable under section 177 ; (iii) when the protection order ends; or\n- (i) when the respondent is served with a copy of the protection order;\n- (ii) when the protection order otherwise becomes enforceable under section 177 ;\n- (iii) when the protection order ends; or\n- (c) if, upon an application for a protection order related to the temporary protection order, the court refuses to make a protection order—when the court refuses to make the protection order; or\n- (d) if an application for a protection order related to the temporary protection order is withdrawn—when the application is withdrawn; or\n- (e) otherwise—when any protection order related to the temporary protection order ends.\n- (i) when the respondent is served with a copy of the protection order;\n- (ii) when the protection order otherwise becomes enforceable under section 177 ;\n- (iii) when the protection order ends; or","sortOrder":140},{"sectionNumber":"sec.99","sectionType":"section","heading":"When variation of domestic violence order takes effect","content":"### sec.99 When variation of domestic violence order takes effect\n\nIf a court varies a domestic violence order, the varied order takes effect—\nif the respondent is present in court when the court varies the order—when the court varies the order; or\nif the respondent is not present in court when the court varies the order, on the earliest of the following—\nwhen the respondent is served with a copy of the varied order;\nwhen the varied order otherwise becomes enforceable under section 177 .\nAlso, if a court varies a domestic violence order, the domestic violence order remains in force until the varied order takes effect under subsection (1) .\n(sec.99-ssec.1) If a court varies a domestic violence order, the varied order takes effect— if the respondent is present in court when the court varies the order—when the court varies the order; or if the respondent is not present in court when the court varies the order, on the earliest of the following— when the respondent is served with a copy of the varied order; when the varied order otherwise becomes enforceable under section 177 .\n(sec.99-ssec.2) Also, if a court varies a domestic violence order, the domestic violence order remains in force until the varied order takes effect under subsection (1) .\n- (a) if the respondent is present in court when the court varies the order—when the court varies the order; or\n- (b) if the respondent is not present in court when the court varies the order, on the earliest of the following— (i) when the respondent is served with a copy of the varied order; (ii) when the varied order otherwise becomes enforceable under section 177 .\n- (i) when the respondent is served with a copy of the varied order;\n- (ii) when the varied order otherwise becomes enforceable under section 177 .\n- (i) when the respondent is served with a copy of the varied order;\n- (ii) when the varied order otherwise becomes enforceable under section 177 .","sortOrder":141},{"sectionNumber":"pt.4","sectionType":"part","heading":"Police functions and powers","content":"# Police functions and powers","sortOrder":142},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Investigatory function","content":"## Investigatory function","sortOrder":143},{"sectionNumber":"sec.100","sectionType":"section","heading":"Police officer must investigate domestic violence","content":"### sec.100 Police officer must investigate domestic violence\n\nIf a police officer reasonably suspects that domestic violence has been committed, the police officer must investigate or cause to be investigated the complaint, report or circumstance on which the officer’s reasonable suspicion is based.\nIf, after the investigation, the police officer reasonably believes domestic violence has been committed, the police officer must consider whether it is necessary or desirable—\nto take any action under subsection (3) to protect a person from further domestic violence; and\nfor the person to be protected immediately from further domestic violence and, if so, what is the most effective action to take to immediately protect the person.\nThe police officer may do any of the following—\napply to a court for a protection order under part 3 , division 1 ;\napply to a court for a variation of a domestic violence order under part 3 , division 10 ;\nissue a police protection direction under division 1A ;\nissue a police protection notice under division 2 ;\nUnder section 112 , a police protection notice is taken to be an application for a protection order.\ntake the respondent into custody under division 3 ;\nUnder section 118 , if a police officer takes a respondent into custody, the police officer must apply for a protection order against the respondent.\napply to a magistrate for a temporary protection order under division 4 ;\ntake any other action appropriate in the circumstances.\ntaking a respondent to another place, including, for example, a hospital, to receive treatment necessary for the respondent’s welfare\nIf, after the investigation, the police officer decides not to take any action, the police officer must make a written record of the police officer’s reasons for not taking any action.\nThe police commissioner must keep the written record in hard copy or electronic form.\nA police officer’s obligation to investigate a complaint, report or circumstance of domestic violence under subsection (1) , or to make a written record under subsection (4) , ends if the officer reasonably believes that—\nthe only type of relevant relationship that exists between the 2 persons the subject of the complaint, report or circumstance is a family relationship; and\none of the persons is under 18 years.\nThis section does not limit the responsibility of the police officer to investigate whether a criminal offence has been committed.\nTo remove any doubt, it is declared that if a police officer believes that domestic violence has been committed but is unable to take action under subsection (3) as result of section 22 (2) or (4) , or stops investigating a matter, or taking action, under subsection (5A) , this section does not limit the police officer’s responsibilities to investigate the matter, or to take action, under another Act, including the Criminal Code , the Child Protection Act 1999 or the Youth Justice Act 1992 .\ns 100 amd 2016 No. 51 s 18 ; 2024 No. 45 s 107 ; 2025 No. 18 s 18\n(sec.100-ssec.1) If a police officer reasonably suspects that domestic violence has been committed, the police officer must investigate or cause to be investigated the complaint, report or circumstance on which the officer’s reasonable suspicion is based.\n(sec.100-ssec.2) If, after the investigation, the police officer reasonably believes domestic violence has been committed, the police officer must consider whether it is necessary or desirable— to take any action under subsection (3) to protect a person from further domestic violence; and for the person to be protected immediately from further domestic violence and, if so, what is the most effective action to take to immediately protect the person.\n(sec.100-ssec.3) The police officer may do any of the following— apply to a court for a protection order under part 3 , division 1 ; apply to a court for a variation of a domestic violence order under part 3 , division 10 ; issue a police protection direction under division 1A ; issue a police protection notice under division 2 ; Under section 112 , a police protection notice is taken to be an application for a protection order. take the respondent into custody under division 3 ; Under section 118 , if a police officer takes a respondent into custody, the police officer must apply for a protection order against the respondent. apply to a magistrate for a temporary protection order under division 4 ; take any other action appropriate in the circumstances. taking a respondent to another place, including, for example, a hospital, to receive treatment necessary for the respondent’s welfare\n(sec.100-ssec.4) If, after the investigation, the police officer decides not to take any action, the police officer must make a written record of the police officer’s reasons for not taking any action.\n(sec.100-ssec.5) The police commissioner must keep the written record in hard copy or electronic form.\n(sec.100-ssec.5A) A police officer’s obligation to investigate a complaint, report or circumstance of domestic violence under subsection (1) , or to make a written record under subsection (4) , ends if the officer reasonably believes that— the only type of relevant relationship that exists between the 2 persons the subject of the complaint, report or circumstance is a family relationship; and one of the persons is under 18 years.\n(sec.100-ssec.6) This section does not limit the responsibility of the police officer to investigate whether a criminal offence has been committed.\n(sec.100-ssec.7) To remove any doubt, it is declared that if a police officer believes that domestic violence has been committed but is unable to take action under subsection (3) as result of section 22 (2) or (4) , or stops investigating a matter, or taking action, under subsection (5A) , this section does not limit the police officer’s responsibilities to investigate the matter, or to take action, under another Act, including the Criminal Code , the Child Protection Act 1999 or the Youth Justice Act 1992 .\n- (a) to take any action under subsection (3) to protect a person from further domestic violence; and\n- (b) for the person to be protected immediately from further domestic violence and, if so, what is the most effective action to take to immediately protect the person.\n- (a) apply to a court for a protection order under part 3 , division 1 ;\n- (b) apply to a court for a variation of a domestic violence order under part 3 , division 10 ;\n- (c) issue a police protection direction under division 1A ;\n- (d) issue a police protection notice under division 2 ; Note— Under section 112 , a police protection notice is taken to be an application for a protection order.\n- (e) take the respondent into custody under division 3 ; Note— Under section 118 , if a police officer takes a respondent into custody, the police officer must apply for a protection order against the respondent.\n- (f) apply to a magistrate for a temporary protection order under division 4 ;\n- (g) take any other action appropriate in the circumstances. Example of other action— taking a respondent to another place, including, for example, a hospital, to receive treatment necessary for the respondent’s welfare\n- (a) the only type of relevant relationship that exists between the 2 persons the subject of the complaint, report or circumstance is a family relationship; and\n- (b) one of the persons is under 18 years.","sortOrder":144},{"sectionNumber":"pt.4-div.1A","sectionType":"division","heading":"Power to issue police protection direction","content":"## Power to issue police protection direction","sortOrder":145},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Purpose of police protection directions","content":"### sec.100A Purpose of police protection directions\n\nThe purpose of police protection directions is to provide a way for police to respond to acts of domestic violence, to achieve the main objects of this Act, in circumstances when it would be appropriate not to bring the matter before a court.\ns 100A ins 2025 No. 18 s 19","sortOrder":146},{"sectionNumber":"sec.100B","sectionType":"section","heading":"Police officer may issue direction","content":"### sec.100B Police officer may issue direction\n\nA police officer may issue a direction (a police protection direction ) against a person (the respondent ) if the officer reasonably believes—\nthe respondent has committed domestic violence; and\na police protection direction is necessary or desirable to protect the aggrieved from domestic violence; and\nnone of the circumstances mentioned in section 100C or 100D (2) apply; and\nit would not be more appropriate to take action that involves an application for a protection order.\nIn deciding whether to issue a police protection direction, the police officer must consider—\nthe principles mentioned in section 4 ; and\nthe criminal history and domestic violence history of the respondent and the aggrieved; and\nwhether any circumstances mentioned in section 100E (1) (a) apply and, if so, whether the circumstances indicate it would be more appropriate to take action that involves an application for a protection order; and\nany views or wishes expressed by the aggrieved about whether an application for a protection order should be made.\nBefore issuing a police protection direction, if the respondent is not present at the same location as the police officer, the officer must make a reasonable attempt to locate and talk to the respondent, including by telephone, to afford the respondent natural justice in relation to the issuing of a police protection direction.\nThis section is subject to sections 100K and 100L .\ns 100B ins 2025 No. 18 s 19\n(sec.100B-ssec.1) A police officer may issue a direction (a police protection direction ) against a person (the respondent ) if the officer reasonably believes— the respondent has committed domestic violence; and a police protection direction is necessary or desirable to protect the aggrieved from domestic violence; and none of the circumstances mentioned in section 100C or 100D (2) apply; and it would not be more appropriate to take action that involves an application for a protection order.\n(sec.100B-ssec.2) In deciding whether to issue a police protection direction, the police officer must consider— the principles mentioned in section 4 ; and the criminal history and domestic violence history of the respondent and the aggrieved; and whether any circumstances mentioned in section 100E (1) (a) apply and, if so, whether the circumstances indicate it would be more appropriate to take action that involves an application for a protection order; and any views or wishes expressed by the aggrieved about whether an application for a protection order should be made.\n(sec.100B-ssec.3) Before issuing a police protection direction, if the respondent is not present at the same location as the police officer, the officer must make a reasonable attempt to locate and talk to the respondent, including by telephone, to afford the respondent natural justice in relation to the issuing of a police protection direction.\n(sec.100B-ssec.4) This section is subject to sections 100K and 100L .\n- (a) the respondent has committed domestic violence; and\n- (b) a police protection direction is necessary or desirable to protect the aggrieved from domestic violence; and\n- (c) none of the circumstances mentioned in section 100C or 100D (2) apply; and\n- (d) it would not be more appropriate to take action that involves an application for a protection order.\n- (a) the principles mentioned in section 4 ; and\n- (b) the criminal history and domestic violence history of the respondent and the aggrieved; and\n- (c) whether any circumstances mentioned in section 100E (1) (a) apply and, if so, whether the circumstances indicate it would be more appropriate to take action that involves an application for a protection order; and\n- (d) any views or wishes expressed by the aggrieved about whether an application for a protection order should be made.","sortOrder":147},{"sectionNumber":"sec.100C","sectionType":"section","heading":"Circumstances when police officer must not issue direction","content":"### sec.100C Circumstances when police officer must not issue direction\n\nA police officer must not issue a police protection direction against the respondent if the officer reasonably believes any of the following circumstances apply—\neither the aggrieved or the respondent is—\na child; or\na police officer;\nthe respondent should be taken into custody under division 3 or otherwise in relation to the relevant domestic violence;\na domestic violence order or recognised interstate order relating to the respondent and the aggrieved is in force or has previously been in force (regardless of who is or was the respondent and who is or was the aggrieved);\na police protection direction against the respondent is in force or has previously been in force;\nthe respondent has been convicted of a domestic violence offence within the previous 2 years;\na proceeding for a domestic violence offence against the respondent has started but not been finally disposed of;\nan application for a protection order against the respondent has been made but not finally dealt with;\nthe respondent used, or threatened to use, an offensive weapon or instrument to commit the relevant domestic violence;\nthat, in relation to the relevant domestic violence—\nthere are indications that both persons in the relationship are in need of protection; and\nthe person who is most in need of protection in the relationship can not be identified.\nSubsection (1) (f) does not prevent the issue of a police protection direction against the respondent and, at the same time, the starting of a proceeding against the respondent for a domestic violence offence relating to the relevant domestic violence.\nAlso, a police officer must not issue a police protection direction against the respondent if the officer reasonably believes—\nit is necessary or desirable to protect a child of the aggrieved, or a child who usually lives with the aggrieved, from—\nassociated domestic violence; or\nbeing exposed to domestic violence committed by the respondent; and\na condition mentioned in section 100H is needed to provide the protection.\nIn this section—\noffensive weapon or instrument see the Police Powers and Responsibilities Act 2000 , schedule 6 .\ns 100C ins 2025 No. 18 s 19\n(sec.100C-ssec.1) A police officer must not issue a police protection direction against the respondent if the officer reasonably believes any of the following circumstances apply— either the aggrieved or the respondent is— a child; or a police officer; the respondent should be taken into custody under division 3 or otherwise in relation to the relevant domestic violence; a domestic violence order or recognised interstate order relating to the respondent and the aggrieved is in force or has previously been in force (regardless of who is or was the respondent and who is or was the aggrieved); a police protection direction against the respondent is in force or has previously been in force; the respondent has been convicted of a domestic violence offence within the previous 2 years; a proceeding for a domestic violence offence against the respondent has started but not been finally disposed of; an application for a protection order against the respondent has been made but not finally dealt with; the respondent used, or threatened to use, an offensive weapon or instrument to commit the relevant domestic violence; that, in relation to the relevant domestic violence— there are indications that both persons in the relationship are in need of protection; and the person who is most in need of protection in the relationship can not be identified.\n(sec.100C-ssec.2) Subsection (1) (f) does not prevent the issue of a police protection direction against the respondent and, at the same time, the starting of a proceeding against the respondent for a domestic violence offence relating to the relevant domestic violence.\n(sec.100C-ssec.3) Also, a police officer must not issue a police protection direction against the respondent if the officer reasonably believes— it is necessary or desirable to protect a child of the aggrieved, or a child who usually lives with the aggrieved, from— associated domestic violence; or being exposed to domestic violence committed by the respondent; and a condition mentioned in section 100H is needed to provide the protection.\n(sec.100C-ssec.4) In this section— offensive weapon or instrument see the Police Powers and Responsibilities Act 2000 , schedule 6 .\n- (a) either the aggrieved or the respondent is— (i) a child; or (ii) a police officer;\n- (i) a child; or\n- (ii) a police officer;\n- (b) the respondent should be taken into custody under division 3 or otherwise in relation to the relevant domestic violence;\n- (c) a domestic violence order or recognised interstate order relating to the respondent and the aggrieved is in force or has previously been in force (regardless of who is or was the respondent and who is or was the aggrieved);\n- (d) a police protection direction against the respondent is in force or has previously been in force;\n- (e) the respondent has been convicted of a domestic violence offence within the previous 2 years;\n- (f) a proceeding for a domestic violence offence against the respondent has started but not been finally disposed of;\n- (g) an application for a protection order against the respondent has been made but not finally dealt with;\n- (h) the respondent used, or threatened to use, an offensive weapon or instrument to commit the relevant domestic violence;\n- (i) that, in relation to the relevant domestic violence— (i) there are indications that both persons in the relationship are in need of protection; and (ii) the person who is most in need of protection in the relationship can not be identified.\n- (i) there are indications that both persons in the relationship are in need of protection; and\n- (ii) the person who is most in need of protection in the relationship can not be identified.\n- (i) a child; or\n- (ii) a police officer;\n- (i) there are indications that both persons in the relationship are in need of protection; and\n- (ii) the person who is most in need of protection in the relationship can not be identified.\n- (a) it is necessary or desirable to protect a child of the aggrieved, or a child who usually lives with the aggrieved, from— (i) associated domestic violence; or (ii) being exposed to domestic violence committed by the respondent; and\n- (i) associated domestic violence; or\n- (ii) being exposed to domestic violence committed by the respondent; and\n- (b) a condition mentioned in section 100H is needed to provide the protection.\n- (i) associated domestic violence; or\n- (ii) being exposed to domestic violence committed by the respondent; and","sortOrder":148},{"sectionNumber":"sec.100D","sectionType":"section","heading":"Restriction on issuing direction involving child of respondent","content":"### sec.100D Restriction on issuing direction involving child of respondent\n\nThis section applies in relation to a police protection direction that—\nincludes a child of the respondent as a named person; or\nincludes a condition that would prevent or limit contact between the respondent and a child of the respondent.\nA police officer must not issue a police protection direction mentioned in subsection (1) if the officer knows or reasonably believes—\nany of the following orders or agreements relating to the child is in force—\na family law order; or\nan order or care agreement under the Child Protection Act 1999 ; or\na proceeding relating to the child under the Child Protection Act 1999 or the Family Law Act 1975 (Cwlth) has been started but not finally dealt with.\nBefore issuing a police protection direction mentioned in subsection (1) , a police officer must ask the respondent and the aggrieved whether subsection (2) (a) or (b) applies.\nIf a police protection direction mentioned in subsection (1) is issued and a condition of the direction is inconsistent with an order or agreement mentioned in subsection (2) (a) —\nthe condition is of no effect to the extent of the inconsistency; and\nthe inconsistency does not invalidate or otherwise affect the police protection direction.\ns 100D ins 2025 No. 18 s 19\n(sec.100D-ssec.1) This section applies in relation to a police protection direction that— includes a child of the respondent as a named person; or includes a condition that would prevent or limit contact between the respondent and a child of the respondent.\n(sec.100D-ssec.2) A police officer must not issue a police protection direction mentioned in subsection (1) if the officer knows or reasonably believes— any of the following orders or agreements relating to the child is in force— a family law order; or an order or care agreement under the Child Protection Act 1999 ; or a proceeding relating to the child under the Child Protection Act 1999 or the Family Law Act 1975 (Cwlth) has been started but not finally dealt with.\n(sec.100D-ssec.3) Before issuing a police protection direction mentioned in subsection (1) , a police officer must ask the respondent and the aggrieved whether subsection (2) (a) or (b) applies.\n(sec.100D-ssec.4) If a police protection direction mentioned in subsection (1) is issued and a condition of the direction is inconsistent with an order or agreement mentioned in subsection (2) (a) — the condition is of no effect to the extent of the inconsistency; and the inconsistency does not invalidate or otherwise affect the police protection direction.\n- (a) includes a child of the respondent as a named person; or\n- (b) includes a condition that would prevent or limit contact between the respondent and a child of the respondent.\n- (a) any of the following orders or agreements relating to the child is in force— (i) a family law order; or (ii) an order or care agreement under the Child Protection Act 1999 ; or\n- (i) a family law order; or\n- (ii) an order or care agreement under the Child Protection Act 1999 ; or\n- (b) a proceeding relating to the child under the Child Protection Act 1999 or the Family Law Act 1975 (Cwlth) has been started but not finally dealt with.\n- (i) a family law order; or\n- (ii) an order or care agreement under the Child Protection Act 1999 ; or\n- (a) the condition is of no effect to the extent of the inconsistency; and\n- (b) the inconsistency does not invalidate or otherwise affect the police protection direction.","sortOrder":149},{"sectionNumber":"sec.100E","sectionType":"section","heading":"Other matters for consideration before issuing direction","content":"### sec.100E Other matters for consideration before issuing direction\n\nIf a police officer is considering issuing a police protection direction, the officer must consider—\nwhether any of the following circumstances apply—\nthe respondent may cause serious harm to the aggrieved or a named person if the respondent commits further domestic violence;\nadditional powers of a court, in making a protection order, may be necessary or desirable to protect the aggrieved from further domestic violence by the respondent;\nmaking an intervention order\nimposing conditions on a protection order that may not be imposed on a police protection direction, such as a monitoring device condition under section 66B or a condition about possessing a thing used as a weapon under section 81\nthe respondent or the aggrieved has a conviction for a domestic violence offence;\nSee also section 100C (1) (e) .\nthe respondent is not present at the same location as the officer and the officer has not, after making reasonable attempts, been able to locate and talk to the respondent, including by telephone, to perform the officer’s functions under division 1 ; and\nif any of the circumstances mentioned in paragraph (a) apply—whether the circumstances indicate it would be more appropriate to take action that involves an application for a protection order.\nThe fact that circumstances mentioned in subsection (1) (a) exist—\ndoes not mean the police officer can not issue a police protection direction; and\ndoes not invalidate a police protection direction issued by the police officer whether or not the officer considered the matter mentioned in subsection (1) (b) .\ns 100E ins 2025 No. 18 s 19\n(sec.100E-ssec.1) If a police officer is considering issuing a police protection direction, the officer must consider— whether any of the following circumstances apply— the respondent may cause serious harm to the aggrieved or a named person if the respondent commits further domestic violence; additional powers of a court, in making a protection order, may be necessary or desirable to protect the aggrieved from further domestic violence by the respondent; making an intervention order imposing conditions on a protection order that may not be imposed on a police protection direction, such as a monitoring device condition under section 66B or a condition about possessing a thing used as a weapon under section 81 the respondent or the aggrieved has a conviction for a domestic violence offence; See also section 100C (1) (e) . the respondent is not present at the same location as the officer and the officer has not, after making reasonable attempts, been able to locate and talk to the respondent, including by telephone, to perform the officer’s functions under division 1 ; and if any of the circumstances mentioned in paragraph (a) apply—whether the circumstances indicate it would be more appropriate to take action that involves an application for a protection order.\n(sec.100E-ssec.2) The fact that circumstances mentioned in subsection (1) (a) exist— does not mean the police officer can not issue a police protection direction; and does not invalidate a police protection direction issued by the police officer whether or not the officer considered the matter mentioned in subsection (1) (b) .\n- (a) whether any of the following circumstances apply— (i) the respondent may cause serious harm to the aggrieved or a named person if the respondent commits further domestic violence; (ii) additional powers of a court, in making a protection order, may be necessary or desirable to protect the aggrieved from further domestic violence by the respondent; Examples of additional powers— • making an intervention order • imposing conditions on a protection order that may not be imposed on a police protection direction, such as a monitoring device condition under section 66B or a condition about possessing a thing used as a weapon under section 81 (iii) the respondent or the aggrieved has a conviction for a domestic violence offence; Note— See also section 100C (1) (e) . (iv) the respondent is not present at the same location as the officer and the officer has not, after making reasonable attempts, been able to locate and talk to the respondent, including by telephone, to perform the officer’s functions under division 1 ; and\n- (i) the respondent may cause serious harm to the aggrieved or a named person if the respondent commits further domestic violence;\n- (ii) additional powers of a court, in making a protection order, may be necessary or desirable to protect the aggrieved from further domestic violence by the respondent; Examples of additional powers— • making an intervention order • imposing conditions on a protection order that may not be imposed on a police protection direction, such as a monitoring device condition under section 66B or a condition about possessing a thing used as a weapon under section 81\n- • making an intervention order\n- • imposing conditions on a protection order that may not be imposed on a police protection direction, such as a monitoring device condition under section 66B or a condition about possessing a thing used as a weapon under section 81\n- (iii) the respondent or the aggrieved has a conviction for a domestic violence offence; Note— See also section 100C (1) (e) .\n- (iv) the respondent is not present at the same location as the officer and the officer has not, after making reasonable attempts, been able to locate and talk to the respondent, including by telephone, to perform the officer’s functions under division 1 ; and\n- (b) if any of the circumstances mentioned in paragraph (a) apply—whether the circumstances indicate it would be more appropriate to take action that involves an application for a protection order.\n- (i) the respondent may cause serious harm to the aggrieved or a named person if the respondent commits further domestic violence;\n- (ii) additional powers of a court, in making a protection order, may be necessary or desirable to protect the aggrieved from further domestic violence by the respondent; Examples of additional powers— • making an intervention order • imposing conditions on a protection order that may not be imposed on a police protection direction, such as a monitoring device condition under section 66B or a condition about possessing a thing used as a weapon under section 81\n- • making an intervention order\n- • imposing conditions on a protection order that may not be imposed on a police protection direction, such as a monitoring device condition under section 66B or a condition about possessing a thing used as a weapon under section 81\n- (iii) the respondent or the aggrieved has a conviction for a domestic violence offence; Note— See also section 100C (1) (e) .\n- (iv) the respondent is not present at the same location as the officer and the officer has not, after making reasonable attempts, been able to locate and talk to the respondent, including by telephone, to perform the officer’s functions under division 1 ; and\n- • making an intervention order\n- • imposing conditions on a protection order that may not be imposed on a police protection direction, such as a monitoring device condition under section 66B or a condition about possessing a thing used as a weapon under section 81\n- (a) does not mean the police officer can not issue a police protection direction; and\n- (b) does not invalidate a police protection direction issued by the police officer whether or not the officer considered the matter mentioned in subsection (1) (b) .","sortOrder":150},{"sectionNumber":"sec.100F","sectionType":"section","heading":"Naming persons in direction","content":"### sec.100F Naming persons in direction\n\nThis section applies if a police officer issuing a police protection direction reasonably believes—\nnaming a child of the aggrieved, or a child who usually lives with the aggrieved, in the direction is necessary or desirable to protect the child from—\nassociated domestic violence; or\nbeing exposed to domestic violence committed by the respondent; or\nnaming another relative, or an associate, of the aggrieved in the direction is necessary or desirable to protect the relative or associate from associated domestic violence.\nThe police officer may name the child, relative or associate (each a named person ) in the police protection direction.\nSee, however, section 100C (3) .\ns 100F ins 2025 No. 18 s 19\n(sec.100F-ssec.1) This section applies if a police officer issuing a police protection direction reasonably believes— naming a child of the aggrieved, or a child who usually lives with the aggrieved, in the direction is necessary or desirable to protect the child from— associated domestic violence; or being exposed to domestic violence committed by the respondent; or naming another relative, or an associate, of the aggrieved in the direction is necessary or desirable to protect the relative or associate from associated domestic violence.\n(sec.100F-ssec.2) The police officer may name the child, relative or associate (each a named person ) in the police protection direction. See, however, section 100C (3) .\n- (a) naming a child of the aggrieved, or a child who usually lives with the aggrieved, in the direction is necessary or desirable to protect the child from— (i) associated domestic violence; or (ii) being exposed to domestic violence committed by the respondent; or\n- (i) associated domestic violence; or\n- (ii) being exposed to domestic violence committed by the respondent; or\n- (b) naming another relative, or an associate, of the aggrieved in the direction is necessary or desirable to protect the relative or associate from associated domestic violence.\n- (i) associated domestic violence; or\n- (ii) being exposed to domestic violence committed by the respondent; or","sortOrder":151},{"sectionNumber":"sec.100G","sectionType":"section","heading":"Standard conditions must be included","content":"### sec.100G Standard conditions must be included\n\nA police protection direction must include a condition that the respondent—\nmust be of good behaviour towards the aggrieved and must not commit domestic violence against the aggrieved; and\nmust 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\nif the direction includes a named person who is an adult—\nmust be of good behaviour towards the named person; and\nmust not commit associated domestic violence against the named person; and\nmust 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 named person; and\nif the direction includes a named person who is a child—\nmust be of good behaviour towards the child; and\nmust not commit associated domestic violence against the child; and\nmust not expose the child to domestic violence; and\nmust 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\nmust not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.\ns 100G ins 2025 No. 18 s 19\n- (a) must be of good behaviour towards the aggrieved and must not commit domestic violence against the aggrieved; and\n- (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\n- (c) if the direction 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 domestic violence against the named person; and\n- (i) must be of good behaviour towards the named person; and\n- (ii) must not commit associated domestic violence against the named person; and\n- (iii) 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 named person; and\n- (d) if the direction 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.\n- (i) must be of good behaviour towards the child; and\n- (ii) must not commit associated domestic violence against the child; and\n- (iii) must not expose the child to domestic violence; and\n- (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\n- (v) must not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.\n- (i) must be of good behaviour towards the named person; and\n- (ii) must not commit associated domestic violence against the named person; and\n- (iii) 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 named person; and\n- (i) must be of good behaviour towards the child; and\n- (ii) must not commit associated domestic violence against the child; and\n- (iii) must not expose the child to domestic violence; and\n- (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\n- (v) must not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.","sortOrder":152},{"sectionNumber":"sec.100H","sectionType":"section","heading":"Other conditions may be included","content":"### sec.100H Other conditions may be included\n\nThis section does not apply to a police protection direction naming a child.\nSee section 100C (3) .\nA police protection direction may include any or all of the conditions that may be imposed on a police protection notice under section 106A .\nThe police officer issuing a police protection direction may impose a condition mentioned in subsection (2) if—\nthe police officer reasonably believes the condition is necessary or desirable to—\nprotect the aggrieved from domestic violence; or\nprotect a named person from associated domestic violence; and\nfor an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and\nfor an ouster condition—the police officer has considered imposing a return condition; and\nthe supervising police officer who approves, under section 100K , the issuing of the direction including the condition is—\nfor a cool-down condition—of at least the rank of sergeant; or\nfor an ouster condition or no-contact condition—of at least the rank of senior sergeant.\nTo remove any doubt, it is declared that the premises that may be stated in a cool-down condition or ouster condition include—\npremises in which the respondent has a legal or equitable interest; and\npremises where the aggrieved and respondent live together or have previously lived together; and\npremises where the aggrieved or a named person lives, works or frequents.\ns 100H ins 2025 No. 18 s 19\n(sec.100H-ssec.1) This section does not apply to a police protection direction naming a child. See section 100C (3) .\n(sec.100H-ssec.2) A police protection direction may include any or all of the conditions that may be imposed on a police protection notice under section 106A .\n(sec.100H-ssec.3) The police officer issuing a police protection direction may impose a condition mentioned in subsection (2) if— the police officer reasonably believes the condition is necessary or desirable to— protect the aggrieved from domestic violence; or protect a named person from associated domestic violence; and for an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and for an ouster condition—the police officer has considered imposing a return condition; and the supervising police officer who approves, under section 100K , the issuing of the direction including the condition is— for a cool-down condition—of at least the rank of sergeant; or for an ouster condition or no-contact condition—of at least the rank of senior sergeant.\n(sec.100H-ssec.4) To remove any doubt, it is declared that the premises that may be stated in a cool-down condition or ouster condition include— premises in which the respondent has a legal or equitable interest; and premises where the aggrieved and respondent live together or have previously lived together; and premises where the aggrieved or a named person lives, works or frequents.\n- (a) the police officer reasonably believes the condition is necessary or desirable to— (i) protect the aggrieved from domestic violence; or (ii) protect a named person from associated domestic violence; and\n- (i) protect the aggrieved from domestic violence; or\n- (ii) protect a named person from associated domestic violence; and\n- (b) for an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and\n- (c) for an ouster condition—the police officer has considered imposing a return condition; and\n- (d) the supervising police officer who approves, under section 100K , the issuing of the direction including the condition is— (i) for a cool-down condition—of at least the rank of sergeant; or (ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.\n- (i) for a cool-down condition—of at least the rank of sergeant; or\n- (ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.\n- (i) protect the aggrieved from domestic violence; or\n- (ii) protect a named person from associated domestic violence; and\n- (i) for a cool-down condition—of at least the rank of sergeant; or\n- (ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.\n- (a) premises in which the respondent has a legal or equitable interest; and\n- (b) premises where the aggrieved and respondent live together or have previously lived together; and\n- (c) premises where the aggrieved or a named person lives, works or frequents.","sortOrder":153},{"sectionNumber":"sec.100I","sectionType":"section","heading":"Condition for protection of unborn child","content":"### sec.100I Condition for protection of unborn child\n\nThis section applies if—\na police officer issuing a police protection direction reasonably believes an aggrieved is pregnant; and\nthe direction does not include any conditions mentioned in section 100H .\nSee section 100C (3) .\nThe police protection direction may include a condition mentioned in section 100G (d) that takes effect when the child is born.\nThe police officer may impose the condition if satisfied the condition is necessary or desirable to protect the child from associated domestic violence, or being exposed to domestic violence, once the child is born.\nTo remove any doubt, it is declared that the police officer may impose the condition whether or not the respondent is the father of the child.\ns 100I ins 2025 No. 18 s 19\n(sec.100I-ssec.1) This section applies if— a police officer issuing a police protection direction reasonably believes an aggrieved is pregnant; and the direction does not include any conditions mentioned in section 100H . See section 100C (3) .\n(sec.100I-ssec.2) The police protection direction may include a condition mentioned in section 100G (d) that takes effect when the child is born.\n(sec.100I-ssec.3) The police officer may impose the condition if satisfied the condition is necessary or desirable to protect the child from associated domestic violence, or being exposed to domestic violence, once the child is born.\n(sec.100I-ssec.4) To remove any doubt, it is declared that the police officer may impose the condition whether or not the respondent is the father of the child.\n- (a) a police officer issuing a police protection direction reasonably believes an aggrieved is pregnant; and\n- (b) the direction does not include any conditions mentioned in section 100H . Note— See section 100C (3) .","sortOrder":154},{"sectionNumber":"sec.100J","sectionType":"section","heading":"Police officer must consider accommodation needs","content":"### sec.100J Police officer must consider accommodation needs\n\nThis section applies if—\na police protection direction includes a cool-down condition or ouster condition; and\na police officer serves the direction on the respondent or tells the respondent about the direction as mentioned in section 100R (1) (b) .\nThe police officer must—\nconsider the accommodation needs of the respondent; and\ntake any reasonable steps necessary to ensure the respondent has access to temporary accommodation.\nmaking, or arranging, telephone enquiries to identify temporary accommodation\ntransporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\nTo remove any doubt, it is declared that the requirement under subsection (2) (b) does not include an obligation for the police officer or the Queensland police service—\nto transport, or arrange for the transport of, the respondent to the accommodation; or\nto provide accommodation to the respondent free of charge.\ns 100J ins 2025 No. 18 s 19\n(sec.100J-ssec.1) This section applies if— a police protection direction includes a cool-down condition or ouster condition; and a police officer serves the direction on the respondent or tells the respondent about the direction as mentioned in section 100R (1) (b) .\n(sec.100J-ssec.2) The police officer must— consider the accommodation needs of the respondent; and take any reasonable steps necessary to ensure the respondent has access to temporary accommodation. making, or arranging, telephone enquiries to identify temporary accommodation transporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\n(sec.100J-ssec.3) To remove any doubt, it is declared that the requirement under subsection (2) (b) does not include an obligation for the police officer or the Queensland police service— to transport, or arrange for the transport of, the respondent to the accommodation; or to provide accommodation to the respondent free of charge.\n- (a) a police protection direction includes a cool-down condition or ouster condition; and\n- (b) a police officer serves the direction on the respondent or tells the respondent about the direction as mentioned in section 100R (1) (b) .\n- (a) consider the accommodation needs of the respondent; and\n- (b) take any reasonable steps necessary to ensure the respondent has access to temporary accommodation. Examples of reasonable steps— • making, or arranging, telephone enquiries to identify temporary accommodation • transporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\n- • making, or arranging, telephone enquiries to identify temporary accommodation\n- • transporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\n- • making, or arranging, telephone enquiries to identify temporary accommodation\n- • transporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\n- (a) to transport, or arrange for the transport of, the respondent to the accommodation; or\n- (b) to provide accommodation to the respondent free of charge.","sortOrder":155},{"sectionNumber":"sec.100K","sectionType":"section","heading":"Approval of supervising police officer required","content":"### sec.100K Approval of supervising police officer required\n\nBefore issuing a police protection direction, the police officer must obtain the approval of a supervising police officer.\nThe supervising police officer must be a police officer—\nof at least the following rank—\nif the police protection direction includes an ouster condition or no-contact condition—senior sergeant;\notherwise—sergeant; and\nauthorised by the police commissioner to approve the issue of police protection directions; and\nwho was not involved in investigating the relevant domestic violence.\nThe approval of the supervising police officer may be sought and given verbally, including, for example, in person, or by telephone, radio, internet or other similar facility.\nIf the supervising police officer reasonably believes a police protection notice may be issued under section 101 and it would be more appropriate for a police protection notice to be issued—\nthe supervising police officer may approve the issue of a police protection notice as if the request for approval were a request under section 102 for approval to issue a police protection notice; and\nthe approval is taken to have been given under section 102 .\nThe police officer must make a written record of—\nthe supervising police officer’s decision—\nto give or refuse the approval; or\nif subsection (4) applies—to approve the issue of a police protection notice; and\nthe date and time of the decision; and\nthe supervising police officer’s name, rank, registered number, if any, and station.\nIf the supervising police officer decides to refuse the approval, the police officer must not seek approval from another police officer.\nThe police commissioner must keep the written record mentioned in subsection (5) in hard copy or electronic form.\ns 100K ins 2025 No. 18 s 19\n(sec.100K-ssec.1) Before issuing a police protection direction, the police officer must obtain the approval of a supervising police officer.\n(sec.100K-ssec.2) The supervising police officer must be a police officer— of at least the following rank— if the police protection direction includes an ouster condition or no-contact condition—senior sergeant; otherwise—sergeant; and authorised by the police commissioner to approve the issue of police protection directions; and who was not involved in investigating the relevant domestic violence.\n(sec.100K-ssec.3) The approval of the supervising police officer may be sought and given verbally, including, for example, in person, or by telephone, radio, internet or other similar facility.\n(sec.100K-ssec.4) If the supervising police officer reasonably believes a police protection notice may be issued under section 101 and it would be more appropriate for a police protection notice to be issued— the supervising police officer may approve the issue of a police protection notice as if the request for approval were a request under section 102 for approval to issue a police protection notice; and the approval is taken to have been given under section 102 .\n(sec.100K-ssec.5) The police officer must make a written record of— the supervising police officer’s decision— to give or refuse the approval; or if subsection (4) applies—to approve the issue of a police protection notice; and the date and time of the decision; and the supervising police officer’s name, rank, registered number, if any, and station.\n(sec.100K-ssec.6) If the supervising police officer decides to refuse the approval, the police officer must not seek approval from another police officer.\n(sec.100K-ssec.7) The police commissioner must keep the written record mentioned in subsection (5) in hard copy or electronic form.\n- (a) of at least the following rank— (i) if the police protection direction includes an ouster condition or no-contact condition—senior sergeant; (ii) otherwise—sergeant; and\n- (i) if the police protection direction includes an ouster condition or no-contact condition—senior sergeant;\n- (ii) otherwise—sergeant; and\n- (b) authorised by the police commissioner to approve the issue of police protection directions; and\n- (c) who was not involved in investigating the relevant domestic violence.\n- (i) if the police protection direction includes an ouster condition or no-contact condition—senior sergeant;\n- (ii) otherwise—sergeant; and\n- (a) the supervising police officer may approve the issue of a police protection notice as if the request for approval were a request under section 102 for approval to issue a police protection notice; and\n- (b) the approval is taken to have been given under section 102 .\n- (a) the supervising police officer’s decision— (i) to give or refuse the approval; or (ii) if subsection (4) applies—to approve the issue of a police protection notice; and\n- (i) to give or refuse the approval; or\n- (ii) if subsection (4) applies—to approve the issue of a police protection notice; and\n- (b) the date and time of the decision; and\n- (c) the supervising police officer’s name, rank, registered number, if any, and station.\n- (i) to give or refuse the approval; or\n- (ii) if subsection (4) applies—to approve the issue of a police protection notice; and","sortOrder":156},{"sectionNumber":"sec.100L","sectionType":"section","heading":"Cross-direction not permitted","content":"### sec.100L Cross-direction not permitted\n\nThis section applies if a police officer issues a police protection direction (the first direction ) that names a person (the first person ) as a respondent and another person (the second person ) as an aggrieved.\nUntil the first direction stops having effect, a police officer can not issue a police protection direction that names the first person as an aggrieved and the second person as a respondent.\nSee section 100R (3) for when a police protection direction stops having effect.\ns 100L ins 2025 No. 18 s 19\n(sec.100L-ssec.1) This section applies if a police officer issues a police protection direction (the first direction ) that names a person (the first person ) as a respondent and another person (the second person ) as an aggrieved.\n(sec.100L-ssec.2) Until the first direction stops having effect, a police officer can not issue a police protection direction that names the first person as an aggrieved and the second person as a respondent. See section 100R (3) for when a police protection direction stops having effect.","sortOrder":157},{"sectionNumber":"sec.100M","sectionType":"section","heading":"Contact details and address for service","content":"### sec.100M Contact details and address for service\n\nSubsection (2) applies in relation to a police protection direction—\nif the respondent is present when a police officer issues the direction—when the police officer issues the direction; or\nif a police officer talks to the respondent in relation to the issuing of the direction under section 100B (3) —when the police officer talks to the respondent; or\notherwise—when a police officer personally serves the direction on the respondent.\nThe police officer must ask the respondent to provide—\nthe respondent’s contact details; and\nan address for service of documents.\nWithout limiting subsection (2) (b) , the address may be—\nthe address of accommodation arranged under section 100J ; or\nthe address of a friend or family member of the respondent.\nIf the respondent provides an address under subsection (2) (b) other than an address where the respondent lives or works and, in relation to a proceeding before a court, another person living at the address advises the court that the person does not consent to the use of the address for the service of documents under this Act, the address is not a valid address for service of the documents.\nThe respondent is not obliged to comply with a request under subsection (2) .\nThis section does not limit the Police Powers and Responsibilities Act 2000 , section 40 .\nUnder the Police Powers and Responsibilities Act 2000 , section 40 , a police officer may require a person to state the person’s correct name and address in particular circumstances.\ns 100M ins 2025 No. 18 s 19\n(sec.100M-ssec.1) Subsection (2) applies in relation to a police protection direction— if the respondent is present when a police officer issues the direction—when the police officer issues the direction; or if a police officer talks to the respondent in relation to the issuing of the direction under section 100B (3) —when the police officer talks to the respondent; or otherwise—when a police officer personally serves the direction on the respondent.\n(sec.100M-ssec.2) The police officer must ask the respondent to provide— the respondent’s contact details; and an address for service of documents.\n(sec.100M-ssec.3) Without limiting subsection (2) (b) , the address may be— the address of accommodation arranged under section 100J ; or the address of a friend or family member of the respondent.\n(sec.100M-ssec.4) If the respondent provides an address under subsection (2) (b) other than an address where the respondent lives or works and, in relation to a proceeding before a court, another person living at the address advises the court that the person does not consent to the use of the address for the service of documents under this Act, the address is not a valid address for service of the documents.\n(sec.100M-ssec.5) The respondent is not obliged to comply with a request under subsection (2) .\n(sec.100M-ssec.6) This section does not limit the Police Powers and Responsibilities Act 2000 , section 40 . Under the Police Powers and Responsibilities Act 2000 , section 40 , a police officer may require a person to state the person’s correct name and address in particular circumstances.\n- (a) if the respondent is present when a police officer issues the direction—when the police officer issues the direction; or\n- (b) if a police officer talks to the respondent in relation to the issuing of the direction under section 100B (3) —when the police officer talks to the respondent; or\n- (c) otherwise—when a police officer personally serves the direction on the respondent.\n- (a) the respondent’s contact details; and\n- (b) an address for service of documents.\n- (a) the address of accommodation arranged under section 100J ; or\n- (b) the address of a friend or family member of the respondent.","sortOrder":158},{"sectionNumber":"sec.100N","sectionType":"section","heading":"Form of direction","content":"### sec.100N Form of direction\n\nA police protection direction issued by a police officer must—\nbe in the form approved by the police commissioner; and\nstate the police officer’s name, rank, registered number, if any, and station; and\nstate the name, contact details, if any, and address for service, if any, of the respondent; and\nstate the name of the aggrieved and any named person; and\nstate the type of relevant relationship that the police officer reasonably believes exists between the respondent and the aggrieved; and\nstate that—\nthe police officer is satisfied the grounds for issuing a police protection direction under section 100B have been met; and\nthe respondent will be given a written notice stating the grounds as soon as practicable after the police protection direction takes effect; and\nstate the conditions mentioned in section 100G ; and\nstate any condition imposed under section 100H or 100I , including, for a cool-down condition, the date and time when the condition ends; and\nstate that the direction expires 12 months after the day the direction takes effect; and\nbe signed by the police officer.\nA police protection direction issued by a police officer may also state—\nthat, if an application for review of the direction is made under section 100Z and a copy of the direction is filed in the court under section 100ZA , the direction will be taken to be an application for a protection order; and\nthe nature of the protection order that would be sought by the application; and\nthe grounds on which the order would be sought.\ns 100N ins 2025 No. 18 s 19\n(sec.100N-ssec.1) A police protection direction issued by a police officer must— be in the form approved by the police commissioner; and state the police officer’s name, rank, registered number, if any, and station; and state the name, contact details, if any, and address for service, if any, of the respondent; and state the name of the aggrieved and any named person; and state the type of relevant relationship that the police officer reasonably believes exists between the respondent and the aggrieved; and state that— the police officer is satisfied the grounds for issuing a police protection direction under section 100B have been met; and the respondent will be given a written notice stating the grounds as soon as practicable after the police protection direction takes effect; and state the conditions mentioned in section 100G ; and state any condition imposed under section 100H or 100I , including, for a cool-down condition, the date and time when the condition ends; and state that the direction expires 12 months after the day the direction takes effect; and be signed by the police officer.\n(sec.100N-ssec.2) A police protection direction issued by a police officer may also state— that, if an application for review of the direction is made under section 100Z and a copy of the direction is filed in the court under section 100ZA , the direction will be taken to be an application for a protection order; and the nature of the protection order that would be sought by the application; and the grounds on which the order would be sought.\n- (a) be in the form approved by the police commissioner; and\n- (b) state the police officer’s name, rank, registered number, if any, and station; and\n- (c) state the name, contact details, if any, and address for service, if any, of the respondent; and\n- (d) state the name of the aggrieved and any named person; and\n- (e) state the type of relevant relationship that the police officer reasonably believes exists between the respondent and the aggrieved; and\n- (f) state that— (i) the police officer is satisfied the grounds for issuing a police protection direction under section 100B have been met; and (ii) the respondent will be given a written notice stating the grounds as soon as practicable after the police protection direction takes effect; and\n- (i) the police officer is satisfied the grounds for issuing a police protection direction under section 100B have been met; and\n- (ii) the respondent will be given a written notice stating the grounds as soon as practicable after the police protection direction takes effect; and\n- (g) state the conditions mentioned in section 100G ; and\n- (h) state any condition imposed under section 100H or 100I , including, for a cool-down condition, the date and time when the condition ends; and\n- (i) state that the direction expires 12 months after the day the direction takes effect; and\n- (j) be signed by the police officer.\n- (i) the police officer is satisfied the grounds for issuing a police protection direction under section 100B have been met; and\n- (ii) the respondent will be given a written notice stating the grounds as soon as practicable after the police protection direction takes effect; and\n- (a) that, if an application for review of the direction is made under section 100Z and a copy of the direction is filed in the court under section 100ZA , the direction will be taken to be an application for a protection order; and\n- (b) the nature of the protection order that would be sought by the application; and\n- (c) the grounds on which the order would be sought.","sortOrder":159},{"sectionNumber":"sec.100O","sectionType":"section","heading":"Service of direction and grounds on respondent","content":"### sec.100O Service of direction and grounds on respondent\n\nA police officer must personally serve a police protection direction on the respondent.\nAlso, as soon as practicable after the police protection direction takes effect, the police officer who issued it must prepare and serve on the respondent a signed written notice stating the grounds for issuing the direction.\nService of the notice under subsection (2) —\nif an address for service for the respondent is known—may be made in any way; or\notherwise—must be made personally by a police officer.\nTo remove any doubt, it is declared that this section applies even if the police protection direction has taken effect under section 100R (1) (b) .\ns 100O ins 2025 No. 18 s 19\n(sec.100O-ssec.1) A police officer must personally serve a police protection direction on the respondent.\n(sec.100O-ssec.2) Also, as soon as practicable after the police protection direction takes effect, the police officer who issued it must prepare and serve on the respondent a signed written notice stating the grounds for issuing the direction.\n(sec.100O-ssec.3) Service of the notice under subsection (2) — if an address for service for the respondent is known—may be made in any way; or otherwise—must be made personally by a police officer.\n(sec.100O-ssec.4) To remove any doubt, it is declared that this section applies even if the police protection direction has taken effect under section 100R (1) (b) .\n- (a) if an address for service for the respondent is known—may be made in any way; or\n- (b) otherwise—must be made personally by a police officer.","sortOrder":160},{"sectionNumber":"sec.100P","sectionType":"section","heading":"Giving copy of direction and grounds to aggrieved and named persons","content":"### sec.100P Giving copy of direction and grounds to aggrieved and named persons\n\nA police officer must give a copy of a police protection direction to the aggrieved and each named person.\nA police officer is not required to comply with subsection (1) if the police officer reasonably believes—\nthe named person is a child; and\na copy of the police protection direction has already been given to a parent of the child because the parent is the aggrieved or a named person.\nA police officer must give a copy of a written notice prepared under section 100O (2) to the aggrieved or a named person if the aggrieved or named person asks for the copy.\nFailure to comply with subsection (1) or (3) does not invalidate or otherwise affect the police protection direction.\ns 100P ins 2025 No. 18 s 19\n(sec.100P-ssec.1) A police officer must give a copy of a police protection direction to the aggrieved and each named person.\n(sec.100P-ssec.2) A police officer is not required to comply with subsection (1) if the police officer reasonably believes— the named person is a child; and a copy of the police protection direction has already been given to a parent of the child because the parent is the aggrieved or a named person.\n(sec.100P-ssec.3) A police officer must give a copy of a written notice prepared under section 100O (2) to the aggrieved or a named person if the aggrieved or named person asks for the copy.\n(sec.100P-ssec.4) Failure to comply with subsection (1) or (3) does not invalidate or otherwise affect the police protection direction.\n- (a) the named person is a child; and\n- (b) a copy of the police protection direction has already been given to a parent of the child because the parent is the aggrieved or a named person.","sortOrder":161},{"sectionNumber":"sec.100Q","sectionType":"section","heading":"Explanation","content":"### sec.100Q Explanation\n\nThis section applies if a police officer—\nserves a police protection direction on a respondent; or\ntells a respondent about a police protection direction as mentioned in section 100R (1) (b) ; or\ngives a copy of a police protection direction to an aggrieved; or\ngives a copy of a police protection direction to a parent of a child as required under section 188 .\nThe police officer must—\nexplain to the person—\nthe police protection direction; and\nthe grounds on which the police officer who issued the direction reasonably believed that domestic violence had been committed; and\nthe reasons the police officer who issued the direction imposed the conditions of the direction; and\ntake reasonable steps to ensure the person understands the nature and consequences of the direction.\nWithout limiting subsection (2) , the police officer must explain—\nthe purpose and effect of the direction, including, for example, that—\nthe direction may be enforceable in other States and New Zealand without further notice to the respondent; and\nif the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 28A ; and\nunder section 83 (2) , a person against whom a police protection direction is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and\nthe duration of the direction; and\nthe conditions of the direction, including the behaviour the respondent is prohibited from engaging in under the conditions; and\nthe type of behaviour that constitutes domestic violence; and\nSee 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 .\nthe consequences of the respondent contravening the direction; and\nthat the aggrieved can not consent to the respondent contravening the direction; and\nthe right of the respondent or aggrieved to seek a review of the direction by the police commissioner under subdivision 4 or a Magistrates Court under subdivision 5 , how to seek the review and the possible decisions that could be made on the review; and\nthat the issue of the direction does not prevent the respondent or aggrieved from applying for a protection order under part 3 , division 1 ; and\nany other matter prescribed by regulation.\nFailure to comply with this section does not invalidate or otherwise affect a police protection direction.\ns 100Q ins 2025 No. 18 s 19\n(sec.100Q-ssec.1) This section applies if a police officer— serves a police protection direction on a respondent; or tells a respondent about a police protection direction as mentioned in section 100R (1) (b) ; or gives a copy of a police protection direction to an aggrieved; or gives a copy of a police protection direction to a parent of a child as required under section 188 .\n(sec.100Q-ssec.2) The police officer must— explain to the person— the police protection direction; and the grounds on which the police officer who issued the direction reasonably believed that domestic violence had been committed; and the reasons the police officer who issued the direction imposed the conditions of the direction; and take reasonable steps to ensure the person understands the nature and consequences of the direction.\n(sec.100Q-ssec.3) Without limiting subsection (2) , the police officer must explain— the purpose and effect of the direction, including, for example, that— the direction may be enforceable in other States and New Zealand without further notice to the respondent; and if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 28A ; and under section 83 (2) , a person against whom a police protection direction is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and the duration of the direction; and the conditions of the direction, including the behaviour the respondent is prohibited from engaging in under the conditions; and the type of behaviour that constitutes domestic violence; and 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 . the consequences of the respondent contravening the direction; and that the aggrieved can not consent to the respondent contravening the direction; and the right of the respondent or aggrieved to seek a review of the direction by the police commissioner under subdivision 4 or a Magistrates Court under subdivision 5 , how to seek the review and the possible decisions that could be made on the review; and that the issue of the direction does not prevent the respondent or aggrieved from applying for a protection order under part 3 , division 1 ; and any other matter prescribed by regulation.\n(sec.100Q-ssec.4) Failure to comply with this section does not invalidate or otherwise affect a police protection direction.\n- (a) serves a police protection direction on a respondent; or\n- (b) tells a respondent about a police protection direction as mentioned in section 100R (1) (b) ; or\n- (c) gives a copy of a police protection direction to an aggrieved; or\n- (d) gives a copy of a police protection direction to a parent of a child as required under section 188 .\n- (a) explain to the person— (i) the police protection direction; and (ii) the grounds on which the police officer who issued the direction reasonably believed that domestic violence had been committed; and (iii) the reasons the police officer who issued the direction imposed the conditions of the direction; and\n- (i) the police protection direction; and\n- (ii) the grounds on which the police officer who issued the direction reasonably believed that domestic violence had been committed; and\n- (iii) the reasons the police officer who issued the direction imposed the conditions of the direction; and\n- (b) take reasonable steps to ensure the person understands the nature and consequences of the direction.\n- (i) the police protection direction; and\n- (ii) the grounds on which the police officer who issued the direction reasonably believed that domestic violence had been committed; and\n- (iii) the reasons the police officer who issued the direction imposed the conditions of the direction; and\n- (a) the purpose and effect of the direction, including, for example, that— (i) the direction may be enforceable in other States and New Zealand without further notice to the respondent; and (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 28A ; and (iii) under section 83 (2) , a person against whom a police protection direction is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and\n- (i) the direction may be enforceable in other States and New Zealand without further notice to the respondent; and\n- (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 28A ; and\n- (iii) under section 83 (2) , a person against whom a police protection direction is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and\n- (b) the duration of the direction; and\n- (c) the conditions of the direction, including the behaviour the respondent is prohibited from engaging in under the conditions; and\n- (d) the type of behaviour that constitutes domestic violence; 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 .\n- (e) the consequences of the respondent contravening the direction; and\n- (f) that the aggrieved can not consent to the respondent contravening the direction; and\n- (g) the right of the respondent or aggrieved to seek a review of the direction by the police commissioner under subdivision 4 or a Magistrates Court under subdivision 5 , how to seek the review and the possible decisions that could be made on the review; and\n- (h) that the issue of the direction does not prevent the respondent or aggrieved from applying for a protection order under part 3 , division 1 ; and\n- (i) any other matter prescribed by regulation.\n- (i) the direction may be enforceable in other States and New Zealand without further notice to the respondent; and\n- (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 28A ; and\n- (iii) under section 83 (2) , a person against whom a police protection direction is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and","sortOrder":162},{"sectionNumber":"sec.100R","sectionType":"section","heading":"Duration","content":"### sec.100R Duration\n\nA police protection direction takes effect when—\nthe direction is served on the respondent personally or in a way stated in a substituted service order; or\na police officer tells the respondent about the existence of the direction and the conditions of the direction.\nFor subsection (1) (b) , the respondent may be told by a police officer about the existence of the police protection direction in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means.\nA police protection direction continues in force until—\nthe end of 12 months from the day the direction takes effect under subsection (1) ; or\nthe direction ends under section 100ZD (3A) (a) ; or\nany of the following orders made in relation to the respondent and aggrieved becomes enforceable under section 177 (regardless of who is the respondent and who is the aggrieved in relation to that order)—\na domestic violence order;\na recognised interstate order;\na protection order under section 42 ; or\na police protection notice issued in relation to the respondent and aggrieved takes effect (regardless of who is the respondent and who is the aggrieved in relation to that notice); or\nrelease conditions are imposed in relation to the respondent and aggrieved (regardless of who is the respondent and who is the aggrieved in relation to the release conditions); or\na proceeding for an application for a domestic violence order in relation to the same respondent and same aggrieved is—\ndismissed; or\nadjourned without a temporary protection order being made under part 3 , division 2 .\nSee also sections 100Y (5) and 100ZD (3) in relation to the revocation or setting aside of a police protection direction.\nSubsection (3) (e) does not apply to a proceeding for an application under subdivision 5 relating to the police protection direction.\ns 100R ins 2025 No. 18 s 19\n(sec.100R-ssec.1) A police protection direction takes effect when— the direction is served on the respondent personally or in a way stated in a substituted service order; or a police officer tells the respondent about the existence of the direction and the conditions of the direction.\n(sec.100R-ssec.2) For subsection (1) (b) , the respondent may be told by a police officer about the existence of the police protection direction in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means.\n(sec.100R-ssec.3) A police protection direction continues in force until— the end of 12 months from the day the direction takes effect under subsection (1) ; or the direction ends under section 100ZD (3A) (a) ; or any of the following orders made in relation to the respondent and aggrieved becomes enforceable under section 177 (regardless of who is the respondent and who is the aggrieved in relation to that order)— a domestic violence order; a recognised interstate order; a protection order under section 42 ; or a police protection notice issued in relation to the respondent and aggrieved takes effect (regardless of who is the respondent and who is the aggrieved in relation to that notice); or release conditions are imposed in relation to the respondent and aggrieved (regardless of who is the respondent and who is the aggrieved in relation to the release conditions); or a proceeding for an application for a domestic violence order in relation to the same respondent and same aggrieved is— dismissed; or adjourned without a temporary protection order being made under part 3 , division 2 . See also sections 100Y (5) and 100ZD (3) in relation to the revocation or setting aside of a police protection direction.\n(sec.100R-ssec.4) Subsection (3) (e) does not apply to a proceeding for an application under subdivision 5 relating to the police protection direction.\n- (a) the direction is served on the respondent personally or in a way stated in a substituted service order; or\n- (b) a police officer tells the respondent about the existence of the direction and the conditions of the direction.\n- (a) the end of 12 months from the day the direction takes effect under subsection (1) ; or\n- (aa) the direction ends under section 100ZD (3A) (a) ; or\n- (b) any of the following orders made in relation to the respondent and aggrieved becomes enforceable under section 177 (regardless of who is the respondent and who is the aggrieved in relation to that order)— (i) a domestic violence order; (ii) a recognised interstate order; (iii) a protection order under section 42 ; or\n- (i) a domestic violence order;\n- (ii) a recognised interstate order;\n- (iii) a protection order under section 42 ; or\n- (c) a police protection notice issued in relation to the respondent and aggrieved takes effect (regardless of who is the respondent and who is the aggrieved in relation to that notice); or\n- (d) release conditions are imposed in relation to the respondent and aggrieved (regardless of who is the respondent and who is the aggrieved in relation to the release conditions); or\n- (e) a proceeding for an application for a domestic violence order in relation to the same respondent and same aggrieved is— (i) dismissed; or (ii) adjourned without a temporary protection order being made under part 3 , division 2 .\n- (i) dismissed; or\n- (ii) adjourned without a temporary protection order being made under part 3 , division 2 .\n- (i) a domestic violence order;\n- (ii) a recognised interstate order;\n- (iii) a protection order under section 42 ; or\n- (i) dismissed; or\n- (ii) adjourned without a temporary protection order being made under part 3 , division 2 .","sortOrder":163},{"sectionNumber":"sec.100S","sectionType":"section","heading":"Amendment of police protection direction","content":"### sec.100S Amendment of police protection direction\n\nA police protection direction may be amended only as provided under this section.\nThe police commissioner may amend a police protection direction only—\nto correct a minor error; or\nto reflect a change in any of the following details that has been notified to the police commissioner—\nthe name, contact details or address for service of the respondent;\nthe name of the aggrieved or a named person.\nThe police commissioner may delegate the commissioner’s powers under this section only to a police officer—\nof a rank higher than the supervising officer who approved the issue of the direction; and\nwho was not involved in investigating the relevant domestic violence.\nSubsection (3) (a) does not apply if the police commissioner was the supervising officer who approved the issue of the police protection direction.\ns 100S ins 2025 No. 18 s 19\n(sec.100S-ssec.1) A police protection direction may be amended only as provided under this section.\n(sec.100S-ssec.2) The police commissioner may amend a police protection direction only— to correct a minor error; or to reflect a change in any of the following details that has been notified to the police commissioner— the name, contact details or address for service of the respondent; the name of the aggrieved or a named person.\n(sec.100S-ssec.3) The police commissioner may delegate the commissioner’s powers under this section only to a police officer— of a rank higher than the supervising officer who approved the issue of the direction; and who was not involved in investigating the relevant domestic violence.\n(sec.100S-ssec.4) Subsection (3) (a) does not apply if the police commissioner was the supervising officer who approved the issue of the police protection direction.\n- (a) to correct a minor error; or\n- (b) to reflect a change in any of the following details that has been notified to the police commissioner— (i) the name, contact details or address for service of the respondent; (ii) the name of the aggrieved or a named person.\n- (i) the name, contact details or address for service of the respondent;\n- (ii) the name of the aggrieved or a named person.\n- (i) the name, contact details or address for service of the respondent;\n- (ii) the name of the aggrieved or a named person.\n- (a) of a rank higher than the supervising officer who approved the issue of the direction; and\n- (b) who was not involved in investigating the relevant domestic violence.","sortOrder":164},{"sectionNumber":"sec.100T","sectionType":"section","heading":"Starting review on police officer’s initiative","content":"### sec.100T Starting review on police officer’s initiative\n\nThis section applies in relation to a police protection direction if a police officer—\nbecomes aware of circumstances, or reasonably believes there are circumstances, that were not, or may not have been, known or considered by the issuing police officer when the direction was issued; and\nreasonably believes that the circumstances may have affected the decision to issue, or the conditions imposed on, the direction, if the circumstances had been known or considered by the issuing police officer.\nThe police officer must ask the police commissioner to review the police protection direction.\nIn this section—\nissuing police officer , in relation to a police protection direction, means the police officer who issued the direction.\ns 100T ins 2025 No. 18 s 19\n(sec.100T-ssec.1) This section applies in relation to a police protection direction if a police officer— becomes aware of circumstances, or reasonably believes there are circumstances, that were not, or may not have been, known or considered by the issuing police officer when the direction was issued; and reasonably believes that the circumstances may have affected the decision to issue, or the conditions imposed on, the direction, if the circumstances had been known or considered by the issuing police officer.\n(sec.100T-ssec.2) The police officer must ask the police commissioner to review the police protection direction.\n(sec.100T-ssec.3) In this section— issuing police officer , in relation to a police protection direction, means the police officer who issued the direction.\n- (a) becomes aware of circumstances, or reasonably believes there are circumstances, that were not, or may not have been, known or considered by the issuing police officer when the direction was issued; and\n- (b) reasonably believes that the circumstances may have affected the decision to issue, or the conditions imposed on, the direction, if the circumstances had been known or considered by the issuing police officer.","sortOrder":165},{"sectionNumber":"sec.100U","sectionType":"section","heading":"Starting review on application","content":"### sec.100U Starting review on application\n\nThe following persons may apply to the police commissioner, within the prescribed period or a longer period agreed to by the police commissioner, for a review of the direction—\nthe respondent;\nthe aggrieved;\nan authorised person for the aggrieved;\na named person.\nHowever, a named person may only seek a review of—\nthe naming of the person in the police protection direction; or\na condition included on the police protection direction relating to the named person.\nAn application under subsection (1) must be—\nin the form approved by the police commissioner; or\nif the police commissioner has not approved a form for the application—in writing.\nIn this section—\nauthorised person , for an aggrieved, means an adult authorised in writing by the aggrieved to represent the aggrieved in relation to an application under this subdivision.\nprescribed period , for applying for a review of a police protection direction, means the period of 28 days after the notice stating the grounds for issuing the direction is served on the respondent under section 100O (2) .\ns 100U ins 2025 No. 18 s 19\n(sec.100U-ssec.1) The following persons may apply to the police commissioner, within the prescribed period or a longer period agreed to by the police commissioner, for a review of the direction— the respondent; the aggrieved; an authorised person for the aggrieved; a named person.\n(sec.100U-ssec.2) However, a named person may only seek a review of— the naming of the person in the police protection direction; or a condition included on the police protection direction relating to the named person.\n(sec.100U-ssec.3) An application under subsection (1) must be— in the form approved by the police commissioner; or if the police commissioner has not approved a form for the application—in writing.\n(sec.100U-ssec.4) In this section— authorised person , for an aggrieved, means an adult authorised in writing by the aggrieved to represent the aggrieved in relation to an application under this subdivision. prescribed period , for applying for a review of a police protection direction, means the period of 28 days after the notice stating the grounds for issuing the direction is served on the respondent under section 100O (2) .\n- (a) the respondent;\n- (b) the aggrieved;\n- (c) an authorised person for the aggrieved;\n- (d) a named person.\n- (a) the naming of the person in the police protection direction; or\n- (b) a condition included on the police protection direction relating to the named person.\n- (a) in the form approved by the police commissioner; or\n- (b) if the police commissioner has not approved a form for the application—in writing.","sortOrder":166},{"sectionNumber":"sec.100V","sectionType":"section","heading":"Effect of starting review","content":"### sec.100V Effect of starting review\n\nA request under section 100T , or an application under section 100U , for the review of a police protection direction does not affect the operation of the direction or prevent the taking of any action to implement the direction.\ns 100V ins 2025 No. 18 s 19","sortOrder":167},{"sectionNumber":"sec.100W","sectionType":"section","heading":"Submissions and information","content":"### sec.100W Submissions and information\n\nAs soon as practicable after receiving a request under section 100T , or an application under section 100U , for a review of a police protection direction, the police commissioner must give the respondent and aggrieved a written notice—\nnotifying the respondent and aggrieved of the review; and\ninviting the respondent and aggrieved to make submissions about the review within a stated period of at least 7 days.\nThe police commissioner may also give a named person a written notice—\nnotifying the named person of the review; and\ninviting the named person to make submissions about the review within a stated period of at least 7 days.\nThe police commissioner may ask the respondent, the aggrieved or a named person for any information the commissioner considers necessary to decide the review.\nThe respondent, the aggrieved or a named person may, but is not required to—\nmake submissions about the review in response to an invitation under subsection (1) or (2) ; or\ngive information in response to a request under subsection (3) .\ns 100W ins 2025 No. 18 s 19\n(sec.100W-ssec.1) As soon as practicable after receiving a request under section 100T , or an application under section 100U , for a review of a police protection direction, the police commissioner must give the respondent and aggrieved a written notice— notifying the respondent and aggrieved of the review; and inviting the respondent and aggrieved to make submissions about the review within a stated period of at least 7 days.\n(sec.100W-ssec.2) The police commissioner may also give a named person a written notice— notifying the named person of the review; and inviting the named person to make submissions about the review within a stated period of at least 7 days.\n(sec.100W-ssec.3) The police commissioner may ask the respondent, the aggrieved or a named person for any information the commissioner considers necessary to decide the review.\n(sec.100W-ssec.4) The respondent, the aggrieved or a named person may, but is not required to— make submissions about the review in response to an invitation under subsection (1) or (2) ; or give information in response to a request under subsection (3) .\n- (a) notifying the respondent and aggrieved of the review; and\n- (b) inviting the respondent and aggrieved to make submissions about the review within a stated period of at least 7 days.\n- (a) notifying the named person of the review; and\n- (b) inviting the named person to make submissions about the review within a stated period of at least 7 days.\n- (a) make submissions about the review in response to an invitation under subsection (1) or (2) ; or\n- (b) give information in response to a request under subsection (3) .","sortOrder":168},{"sectionNumber":"sec.100X","sectionType":"section","heading":"Conduct of review","content":"### sec.100X Conduct of review\n\nA review of a police protection direction under this subdivision may be conducted only by a police officer (the reviewing officer )—\nof a rank higher than the supervising officer who approved the issue of the direction; and\nauthorised by the police commissioner to conduct reviews of police protection directions under this subdivision; and\nwho was not involved in investigating the relevant domestic violence.\nSubsection (1) (a) does not apply if the police commissioner was the supervising officer who approved the issue of the police protection direction.\nThe reviewing officer must—\nconsider all relevant information available to the officer, including any submissions made, or information given, in relation to the direction under section 100W ; and\ndecide the review on the basis of the circumstances that existed when the police protection direction was issued, including any circumstances that existed at that time but were not known or considered by the police officer who issued the direction.\ns 100X ins 2025 No. 18 s 19\n(sec.100X-ssec.1) A review of a police protection direction under this subdivision may be conducted only by a police officer (the reviewing officer )— of a rank higher than the supervising officer who approved the issue of the direction; and authorised by the police commissioner to conduct reviews of police protection directions under this subdivision; and who was not involved in investigating the relevant domestic violence.\n(sec.100X-ssec.2) Subsection (1) (a) does not apply if the police commissioner was the supervising officer who approved the issue of the police protection direction.\n(sec.100X-ssec.3) The reviewing officer must— consider all relevant information available to the officer, including any submissions made, or information given, in relation to the direction under section 100W ; and decide the review on the basis of the circumstances that existed when the police protection direction was issued, including any circumstances that existed at that time but were not known or considered by the police officer who issued the direction.\n- (a) of a rank higher than the supervising officer who approved the issue of the direction; and\n- (b) authorised by the police commissioner to conduct reviews of police protection directions under this subdivision; and\n- (c) who was not involved in investigating the relevant domestic violence.\n- (a) consider all relevant information available to the officer, including any submissions made, or information given, in relation to the direction under section 100W ; and\n- (b) decide the review on the basis of the circumstances that existed when the police protection direction was issued, including any circumstances that existed at that time but were not known or considered by the police officer who issued the direction.","sortOrder":169},{"sectionNumber":"sec.100Y","sectionType":"section","heading":"Decision on review","content":"### sec.100Y Decision on review\n\nThe reviewing officer must, within 28 days after the request under section 100T , or the application under section 100U , is made for the review decide to—\nconfirm the police protection direction; or\nrevoke the police protection direction and issue a new police protection direction that—\nis against the same respondent in favour of the same aggrieved; and\nhas the same or different named persons; and\nincludes the same or different conditions; or\nrevoke the police protection direction and take no other action; or\nrevoke the police protection direction and do any of the following—\napply to a court for a protection order in relation to the respondent and aggrieved under part 3 , division 1 ;\nissue a police protection notice in relation to the respondent and aggrieved under division 2 ;\ntake any other action mentioned in section 100 (3) that is appropriate in the circumstances.\nA protection order sought under subsection (1) (d) (i) —\nmay be—\nagainst the respondent in favour of the aggrieved; or\nagainst the aggrieved in favour of the respondent; and\nmay be subject to the same or different conditions as the revoked police protection direction.\nA police protection notice issued under subsection (1) (d) (ii) —\nmay be issued—\nagainst the respondent in favour of the aggrieved; or\nagainst the aggrieved in favour of the respondent; and\nmay be subject to the same or different conditions as the revoked police protection direction.\nThe reviewing officer must, as soon as practicable after deciding the review, give the respondent, aggrieved and each named person written notice of the decision stating—\nthe decision; and\nthe reasons for the decision; and\nSee the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.\nthat the respondent or aggrieved may seek a review of the direction by a Magistrates Court under subdivision 5 , how to seek the review and the possible decisions that could be made on the review; and\nthat the respondent or aggrieved may apply for a protection order under part 3 , division 1 .\nIf the decision on the review is, or includes a decision, that the police protection direction is revoked—\nthe revoked direction is taken never to have been issued; and\nthe revoked direction does not form part of the respondent’s domestic violence history; and\ndespite paragraphs (a) and (b) , a proceeding may be started or continued against the respondent for an offence, committed before the direction was revoked, against section 177A .\ns 100Y ins 2025 No. 18 s 19\n(sec.100Y-ssec.1) The reviewing officer must, within 28 days after the request under section 100T , or the application under section 100U , is made for the review decide to— confirm the police protection direction; or revoke the police protection direction and issue a new police protection direction that— is against the same respondent in favour of the same aggrieved; and has the same or different named persons; and includes the same or different conditions; or revoke the police protection direction and take no other action; or revoke the police protection direction and do any of the following— apply to a court for a protection order in relation to the respondent and aggrieved under part 3 , division 1 ; issue a police protection notice in relation to the respondent and aggrieved under division 2 ; take any other action mentioned in section 100 (3) that is appropriate in the circumstances.\n(sec.100Y-ssec.2) A protection order sought under subsection (1) (d) (i) — may be— against the respondent in favour of the aggrieved; or against the aggrieved in favour of the respondent; and may be subject to the same or different conditions as the revoked police protection direction.\n(sec.100Y-ssec.3) A police protection notice issued under subsection (1) (d) (ii) — may be issued— against the respondent in favour of the aggrieved; or against the aggrieved in favour of the respondent; and may be subject to the same or different conditions as the revoked police protection direction.\n(sec.100Y-ssec.4) The reviewing officer must, as soon as practicable after deciding the review, give the respondent, aggrieved and each named person written notice of the decision stating— the decision; and the reasons for the decision; and See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons. that the respondent or aggrieved may seek a review of the direction by a Magistrates Court under subdivision 5 , how to seek the review and the possible decisions that could be made on the review; and that the respondent or aggrieved may apply for a protection order under part 3 , division 1 .\n(sec.100Y-ssec.5) If the decision on the review is, or includes a decision, that the police protection direction is revoked— the revoked direction is taken never to have been issued; and the revoked direction does not form part of the respondent’s domestic violence history; and despite paragraphs (a) and (b) , a proceeding may be started or continued against the respondent for an offence, committed before the direction was revoked, against section 177A .\n- (a) confirm the police protection direction; or\n- (b) revoke the police protection direction and issue a new police protection direction that— (i) is against the same respondent in favour of the same aggrieved; and (ii) has the same or different named persons; and (iii) includes the same or different conditions; or\n- (i) is against the same respondent in favour of the same aggrieved; and\n- (ii) has the same or different named persons; and\n- (iii) includes the same or different conditions; or\n- (c) revoke the police protection direction and take no other action; or\n- (d) revoke the police protection direction and do any of the following— (i) apply to a court for a protection order in relation to the respondent and aggrieved under part 3 , division 1 ; (ii) issue a police protection notice in relation to the respondent and aggrieved under division 2 ; (iii) take any other action mentioned in section 100 (3) that is appropriate in the circumstances.\n- (i) apply to a court for a protection order in relation to the respondent and aggrieved under part 3 , division 1 ;\n- (ii) issue a police protection notice in relation to the respondent and aggrieved under division 2 ;\n- (iii) take any other action mentioned in section 100 (3) that is appropriate in the circumstances.\n- (i) is against the same respondent in favour of the same aggrieved; and\n- (ii) has the same or different named persons; and\n- (iii) includes the same or different conditions; or\n- (i) apply to a court for a protection order in relation to the respondent and aggrieved under part 3 , division 1 ;\n- (ii) issue a police protection notice in relation to the respondent and aggrieved under division 2 ;\n- (iii) take any other action mentioned in section 100 (3) that is appropriate in the circumstances.\n- (a) may be— (i) against the respondent in favour of the aggrieved; or (ii) against the aggrieved in favour of the respondent; and\n- (i) against the respondent in favour of the aggrieved; or\n- (ii) against the aggrieved in favour of the respondent; and\n- (b) may be subject to the same or different conditions as the revoked police protection direction.\n- (i) against the respondent in favour of the aggrieved; or\n- (ii) against the aggrieved in favour of the respondent; and\n- (a) may be issued— (i) against the respondent in favour of the aggrieved; or (ii) against the aggrieved in favour of the respondent; and\n- (i) against the respondent in favour of the aggrieved; or\n- (ii) against the aggrieved in favour of the respondent; and\n- (b) may be subject to the same or different conditions as the revoked police protection direction.\n- (i) against the respondent in favour of the aggrieved; or\n- (ii) against the aggrieved in favour of the respondent; and\n- (a) the decision; and\n- (b) the reasons for the decision; and Note— See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.\n- (c) that the respondent or aggrieved may seek a review of the direction by a Magistrates Court under subdivision 5 , how to seek the review and the possible decisions that could be made on the review; and\n- (d) that the respondent or aggrieved may apply for a protection order under part 3 , division 1 .\n- (a) the revoked direction is taken never to have been issued; and\n- (b) the revoked direction does not form part of the respondent’s domestic violence history; and\n- (c) despite paragraphs (a) and (b) , a proceeding may be started or continued against the respondent for an offence, committed before the direction was revoked, against section 177A .","sortOrder":170},{"sectionNumber":"sec.100Z","sectionType":"section","heading":"Application for review","content":"### sec.100Z Application for review\n\nThe following persons may, at any time while a police protection direction is in force, apply to a Magistrates Court for a review of the direction—\nthe respondent;\nthe aggrieved;\nan authorised person for the aggrieved;\na person acting under another Act for the aggrieved.\nThe application must—\nbe in the approved form; and\nstate—\nthe nature of the outcome sought; and\nthe grounds on which the outcome is sought; and\nbe filed in the court.\nAs soon as practicable after the application is filed, the clerk of the court must give a copy of the application to the police commissioner.\nIn this section—\nauthorised person , for an aggrieved, means an adult authorised in writing by the aggrieved to represent the aggrieved in relation to an application under this subdivision.\ns 100Z ins 2025 No. 18 s 19\n(sec.100Z-ssec.1) The following persons may, at any time while a police protection direction is in force, apply to a Magistrates Court for a review of the direction— the respondent; the aggrieved; an authorised person for the aggrieved; a person acting under another Act for the aggrieved.\n(sec.100Z-ssec.2) The application must— be in the approved form; and state— the nature of the outcome sought; and the grounds on which the outcome is sought; and be filed in the court.\n(sec.100Z-ssec.3) As soon as practicable after the application is filed, the clerk of the court must give a copy of the application to the police commissioner.\n(sec.100Z-ssec.4) In this section— authorised person , for an aggrieved, means an adult authorised in writing by the aggrieved to represent the aggrieved in relation to an application under this subdivision.\n- (a) the respondent;\n- (b) the aggrieved;\n- (c) an authorised person for the aggrieved;\n- (d) a person acting under another Act for the aggrieved.\n- (a) be in the approved form; and\n- (b) state— (i) the nature of the outcome sought; and (ii) the grounds on which the outcome is sought; and\n- (i) the nature of the outcome sought; and\n- (ii) the grounds on which the outcome is sought; and\n- (c) be filed in the court.\n- (i) the nature of the outcome sought; and\n- (ii) the grounds on which the outcome is sought; and","sortOrder":171},{"sectionNumber":"sec.100ZA","sectionType":"section","heading":"Filing and service of documents","content":"### sec.100ZA Filing and service of documents\n\nThe police commissioner must, within 1 business day or as soon as practicable after receiving a copy of an application for the review of a police protection direction under section 100Z (3) , file the following documents in the court—\na copy of the direction;\nthe signed written notice stating the grounds for issuing the direction prepared by the police officer who issued the direction under section 100O (2) ;\nif the direction does not include the matters mentioned in section 100N (2) (b) and (c) —a statement made and signed by the police officer who issued the direction about the following matters—\nthe nature of the protection order sought by the application for a protection order;\nthe grounds on which the protection order is sought;\na notice, to be served on each person mentioned in subsection (4) (a) and (b) , stating that the person will be notified of the date, time and place for the hearing of the application for the review.\nThe reference in subsection (1) (c) to the application for a protection order is a reference to the application for a protection order the police protection direction is taken to be under section 100ZB (1) .\nThe clerk of the court must make arrangements for—\nthe application for the review to be listed for hearing at the earliest opportunity and not later than 14 business days after the day the documents are filed under subsection (1) ; and\nthe persons mentioned in subsection (4) (a) and (b) , and the police officer or service legal officer responsible for the matter, to be notified of the date, time and place of the hearing.\nA police officer must—\nserve a copy of each of the documents filed under subsection (1) on the applicant; and\nserve a copy of the application for review and a copy of each of the documents filed under subsection (1) on—\neach person, other than the applicant, who is entitled under section 100Z to apply for a review of the direction; and\neach named person in the direction.\nService of a document on a person under subsection (4) —\nif an address for service for the person is known—may be made in any way; or\notherwise—must be made personally by a police officer.\nFailure to comply with subsection (4) or (5) does not invalidate or otherwise affect the application for review of the police protection direction.\ns 100ZA ins 2025 No. 18 s 19\n(sec.100ZA-ssec.1) The police commissioner must, within 1 business day or as soon as practicable after receiving a copy of an application for the review of a police protection direction under section 100Z (3) , file the following documents in the court— a copy of the direction; the signed written notice stating the grounds for issuing the direction prepared by the police officer who issued the direction under section 100O (2) ; if the direction does not include the matters mentioned in section 100N (2) (b) and (c) —a statement made and signed by the police officer who issued the direction about the following matters— the nature of the protection order sought by the application for a protection order; the grounds on which the protection order is sought; a notice, to be served on each person mentioned in subsection (4) (a) and (b) , stating that the person will be notified of the date, time and place for the hearing of the application for the review.\n(sec.100ZA-ssec.2) The reference in subsection (1) (c) to the application for a protection order is a reference to the application for a protection order the police protection direction is taken to be under section 100ZB (1) .\n(sec.100ZA-ssec.3) The clerk of the court must make arrangements for— the application for the review to be listed for hearing at the earliest opportunity and not later than 14 business days after the day the documents are filed under subsection (1) ; and the persons mentioned in subsection (4) (a) and (b) , and the police officer or service legal officer responsible for the matter, to be notified of the date, time and place of the hearing.\n(sec.100ZA-ssec.4) A police officer must— serve a copy of each of the documents filed under subsection (1) on the applicant; and serve a copy of the application for review and a copy of each of the documents filed under subsection (1) on— each person, other than the applicant, who is entitled under section 100Z to apply for a review of the direction; and each named person in the direction.\n(sec.100ZA-ssec.5) Service of a document on a person under subsection (4) — if an address for service for the person is known—may be made in any way; or otherwise—must be made personally by a police officer.\n(sec.100ZA-ssec.6) Failure to comply with subsection (4) or (5) does not invalidate or otherwise affect the application for review of the police protection direction.\n- (a) a copy of the direction;\n- (b) the signed written notice stating the grounds for issuing the direction prepared by the police officer who issued the direction under section 100O (2) ;\n- (c) if the direction does not include the matters mentioned in section 100N (2) (b) and (c) —a statement made and signed by the police officer who issued the direction about the following matters— (i) the nature of the protection order sought by the application for a protection order; (ii) the grounds on which the protection order is sought;\n- (i) the nature of the protection order sought by the application for a protection order;\n- (ii) the grounds on which the protection order is sought;\n- (d) a notice, to be served on each person mentioned in subsection (4) (a) and (b) , stating that the person will be notified of the date, time and place for the hearing of the application for the review.\n- (i) the nature of the protection order sought by the application for a protection order;\n- (ii) the grounds on which the protection order is sought;\n- (a) the application for the review to be listed for hearing at the earliest opportunity and not later than 14 business days after the day the documents are filed under subsection (1) ; and\n- (b) the persons mentioned in subsection (4) (a) and (b) , and the police officer or service legal officer responsible for the matter, to be notified of the date, time and place of the hearing.\n- (a) serve a copy of each of the documents filed under subsection (1) on the applicant; and\n- (b) serve a copy of the application for review and a copy of each of the documents filed under subsection (1) on— (i) each person, other than the applicant, who is entitled under section 100Z to apply for a review of the direction; and (ii) each named person in the direction.\n- (i) each person, other than the applicant, who is entitled under section 100Z to apply for a review of the direction; and\n- (ii) each named person in the direction.\n- (i) each person, other than the applicant, who is entitled under section 100Z to apply for a review of the direction; and\n- (ii) each named person in the direction.\n- (a) if an address for service for the person is known—may be made in any way; or\n- (b) otherwise—must be made personally by a police officer.","sortOrder":172},{"sectionNumber":"sec.100ZB","sectionType":"section","heading":"Police protection direction taken to be application for protection order","content":"### sec.100ZB Police protection direction taken to be application for protection order\n\nIf the police commissioner files documents for a police protection direction under section 100ZA (1) —\nthe police protection direction is taken to be an application for a protection order; and\nthe police officer who issued the direction is taken to be the applicant.\nIf the application for a review of the police protection direction is made by the respondent to the direction and the application seeks a protection order against the aggrieved in favour of the respondent—\nthe application by the respondent is taken to be an application for a protection order against the aggrieved; and\nfor applying part 3 , division 1A —\nthe application for a protection order taken to have been made by the police officer is taken to be an original application under section 41A (1) (a) ; and\nthe application for a protection order taken to have been made by the respondent is taken to be a cross application under section 41A (1) (b) .\nSee sections 41C and 41G in relation to the court hearing and deciding the original application and cross application together.\ns 100ZB ins 2025 No. 18 s 19\n(sec.100ZB-ssec.1) If the police commissioner files documents for a police protection direction under section 100ZA (1) — the police protection direction is taken to be an application for a protection order; and the police officer who issued the direction is taken to be the applicant.\n(sec.100ZB-ssec.2) If the application for a review of the police protection direction is made by the respondent to the direction and the application seeks a protection order against the aggrieved in favour of the respondent— the application by the respondent is taken to be an application for a protection order against the aggrieved; and for applying part 3 , division 1A — the application for a protection order taken to have been made by the police officer is taken to be an original application under section 41A (1) (a) ; and the application for a protection order taken to have been made by the respondent is taken to be a cross application under section 41A (1) (b) . See sections 41C and 41G in relation to the court hearing and deciding the original application and cross application together.\n- (a) the police protection direction is taken to be an application for a protection order; and\n- (b) the police officer who issued the direction is taken to be the applicant.\n- (a) the application by the respondent is taken to be an application for a protection order against the aggrieved; and\n- (b) for applying part 3 , division 1A — (i) the application for a protection order taken to have been made by the police officer is taken to be an original application under section 41A (1) (a) ; and (ii) the application for a protection order taken to have been made by the respondent is taken to be a cross application under section 41A (1) (b) .\n- (i) the application for a protection order taken to have been made by the police officer is taken to be an original application under section 41A (1) (a) ; and\n- (ii) the application for a protection order taken to have been made by the respondent is taken to be a cross application under section 41A (1) (b) .\n- (i) the application for a protection order taken to have been made by the police officer is taken to be an original application under section 41A (1) (a) ; and\n- (ii) the application for a protection order taken to have been made by the respondent is taken to be a cross application under section 41A (1) (b) .","sortOrder":173},{"sectionNumber":"sec.100ZC","sectionType":"section","heading":"Effect of application","content":"### sec.100ZC Effect of application\n\nThe making of an application under section 100Z , or the filing of documents under section 100ZA , relating to a police protection direction does not affect the operation of the direction or prevent the taking of any action to implement the direction.\nSubsection (3) applies if—\na review of a decision to issue a police protection direction has started, but not been finally dealt with, under subdivision 4 ; and\nan application relating to the police protection direction is made under section 100Z and a copy of the application is given to the police commissioner under section 100Z (3) .\nThe review under subdivision 4 must be discontinued.\ns 100ZC ins 2025 No. 18 s 19\n(sec.100ZC-ssec.1) The making of an application under section 100Z , or the filing of documents under section 100ZA , relating to a police protection direction does not affect the operation of the direction or prevent the taking of any action to implement the direction.\n(sec.100ZC-ssec.2) Subsection (3) applies if— a review of a decision to issue a police protection direction has started, but not been finally dealt with, under subdivision 4 ; and an application relating to the police protection direction is made under section 100Z and a copy of the application is given to the police commissioner under section 100Z (3) .\n(sec.100ZC-ssec.3) The review under subdivision 4 must be discontinued.\n- (a) a review of a decision to issue a police protection direction has started, but not been finally dealt with, under subdivision 4 ; and\n- (b) an application relating to the police protection direction is made under section 100Z and a copy of the application is given to the police commissioner under section 100Z (3) .","sortOrder":174},{"sectionNumber":"sec.100ZD","sectionType":"section","heading":"Decision of court about police protection direction","content":"### sec.100ZD Decision of court about police protection direction\n\nPart 3 applies to the court hearing and deciding an application for a protection order taken to have been made under section 100ZB in relation to a police protection direction.\nHowever, in addition to the orders the court may make under part 3 in relation to the application, the court may also make—\nan order setting aside the police protection direction; or\nan order that the police protection direction ends on a stated day; or\na decision to dismiss the application.\nIf the court makes an order setting aside the police protection direction—\nthe direction is taken never to have been issued; and\nthe direction does not form part of the respondent’s domestic violence history; and\ndespite paragraphs (a) and (b) , a proceeding may be started or continued against the respondent for an offence, committed before the direction was set aside, against section 177A .\nIf the court makes an order that the police protection direction ends on a stated day—\nthe direction ends on the stated day; and\nthe part of the respondent’s domestic violence history relating to the direction must include the following information—\nthe court’s order;\nthe day the direction ends under paragraph (a) .\nIf the court decides to dismiss the application—\nthe police protection direction continues unaffected by the application under section 100Z ; and\nanother application under section 100Z by the same applicant may be made in relation to the police protection direction only with the leave of the court.\ns 100ZD ins 2025 No. 18 s 19\n(sec.100ZD-ssec.1) Part 3 applies to the court hearing and deciding an application for a protection order taken to have been made under section 100ZB in relation to a police protection direction.\n(sec.100ZD-ssec.2) However, in addition to the orders the court may make under part 3 in relation to the application, the court may also make— an order setting aside the police protection direction; or an order that the police protection direction ends on a stated day; or a decision to dismiss the application.\n(sec.100ZD-ssec.3) If the court makes an order setting aside the police protection direction— the direction is taken never to have been issued; and the direction does not form part of the respondent’s domestic violence history; and despite paragraphs (a) and (b) , a proceeding may be started or continued against the respondent for an offence, committed before the direction was set aside, against section 177A .\n(sec.100ZD-ssec.3A) If the court makes an order that the police protection direction ends on a stated day— the direction ends on the stated day; and the part of the respondent’s domestic violence history relating to the direction must include the following information— the court’s order; the day the direction ends under paragraph (a) .\n(sec.100ZD-ssec.4) If the court decides to dismiss the application— the police protection direction continues unaffected by the application under section 100Z ; and another application under section 100Z by the same applicant may be made in relation to the police protection direction only with the leave of the court.\n- (a) an order setting aside the police protection direction; or\n- (aa) an order that the police protection direction ends on a stated day; or\n- (b) a decision to dismiss the application.\n- (a) the direction is taken never to have been issued; and\n- (b) the direction does not form part of the respondent’s domestic violence history; and\n- (c) despite paragraphs (a) and (b) , a proceeding may be started or continued against the respondent for an offence, committed before the direction was set aside, against section 177A .\n- (a) the direction ends on the stated day; and\n- (b) the part of the respondent’s domestic violence history relating to the direction must include the following information— (i) the court’s order; (ii) the day the direction ends under paragraph (a) .\n- (i) the court’s order;\n- (ii) the day the direction ends under paragraph (a) .\n- (i) the court’s order;\n- (ii) the day the direction ends under paragraph (a) .\n- (a) the police protection direction continues unaffected by the application under section 100Z ; and\n- (b) another application under section 100Z by the same applicant may be made in relation to the police protection direction only with the leave of the court.","sortOrder":175},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Power to issue police protection notice","content":"## Power to issue police protection notice","sortOrder":176},{"sectionNumber":"sec.101","sectionType":"section","heading":"Police officer may issue police protection notice","content":"### sec.101 Police officer may issue police protection notice\n\nA police officer may issue a notice (a police protection notice ) against a person (the respondent ) if the police officer—\nreasonably believes the respondent has committed domestic violence; and\nif the respondent is not present at the same location as the police officer—has made a reasonable attempt to locate and talk to the respondent, including by telephone, to afford the respondent natural justice in relation to the issuing of a police protection notice; and\nreasonably believes that no domestic violence order or recognised interstate order has been made or police protection notice issued that—\nnames the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or\nnames the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and\nreasonably believes a police protection notice is necessary or desirable to protect the aggrieved from domestic violence; and\nreasonably believes the respondent should not be taken into custody under division 3 .\nThis section is subject to sections 102 and 103 .\ns 101 sub 2016 No. 51 s 19\namd 2016 No. 51 s 54\n(sec.101-ssec.1) A police officer may issue a notice (a police protection notice ) against a person (the respondent ) if the police officer— reasonably believes the respondent has committed domestic violence; and if the respondent is not present at the same location as the police officer—has made a reasonable attempt to locate and talk to the respondent, including by telephone, to afford the respondent natural justice in relation to the issuing of a police protection notice; and reasonably believes that no domestic violence order or recognised interstate order has been made or police protection notice issued that— names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or names the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and reasonably believes a police protection notice is necessary or desirable to protect the aggrieved from domestic violence; and reasonably believes the respondent should not be taken into custody under division 3 .\n(sec.101-ssec.2) This section is subject to sections 102 and 103 .\n- (a) reasonably believes the respondent has committed domestic violence; and\n- (b) if the respondent is not present at the same location as the police officer—has made a reasonable attempt to locate and talk to the respondent, including by telephone, to afford the respondent natural justice in relation to the issuing of a police protection notice; and\n- (c) reasonably believes that no domestic violence order or recognised interstate order has been made or police protection notice issued that— (i) names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or (ii) names the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and\n- (i) names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or\n- (ii) names the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and\n- (d) reasonably believes a police protection notice is necessary or desirable to protect the aggrieved from domestic violence; and\n- (e) reasonably believes the respondent should not be taken into custody under division 3 .\n- (i) names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (a) as the aggrieved; or\n- (ii) names the respondent as the aggrieved and another person involved in the domestic violence mentioned in paragraph (a) as a respondent; and","sortOrder":177},{"sectionNumber":"sec.101A","sectionType":"section","heading":"When police officer must issue police protection notice","content":"### sec.101A When police officer must issue police protection notice\n\nIf a person has been taken into custody under division 3 , the releasing police officer must issue a notice (also a police protection notice ) against the person (also the respondent ) if—\nit is not reasonably practicable, as mentioned in section 118 (2) , to bring the respondent before the court for the hearing of an application for a protection order while the respondent is still in lawful custody; and\na temporary protection order has not been made under division 4 against the respondent; and\nsection 125 does not apply.\nThis section is subject to sections 102 and 103 .\ns 101A ins 2016 No. 51 s 19\n(sec.101A-ssec.1) If a person has been taken into custody under division 3 , the releasing police officer must issue a notice (also a police protection notice ) against the person (also the respondent ) if— it is not reasonably practicable, as mentioned in section 118 (2) , to bring the respondent before the court for the hearing of an application for a protection order while the respondent is still in lawful custody; and a temporary protection order has not been made under division 4 against the respondent; and section 125 does not apply.\n(sec.101A-ssec.2) This section is subject to sections 102 and 103 .\n- (a) it is not reasonably practicable, as mentioned in section 118 (2) , to bring the respondent before the court for the hearing of an application for a protection order while the respondent is still in lawful custody; and\n- (b) a temporary protection order has not been made under division 4 against the respondent; and\n- (c) section 125 does not apply.","sortOrder":178},{"sectionNumber":"sec.101B","sectionType":"section","heading":"Naming persons in police protection notice","content":"### sec.101B Naming persons in police protection notice\n\nThis section applies if a police officer issuing a police protection notice reasonably believes—\nnaming a child of the aggrieved, or a child who usually lives with the aggrieved, in the notice is necessary or desirable to protect the child from—\nassociated domestic violence; or\nbeing exposed to domestic violence committed by the respondent; or\nnaming another relative, or an associate, of the aggrieved in the notice is necessary or desirable to protect the relative or associate from associated domestic violence.\nThe police officer may name the child, relative or associate (each a named person ) in the police protection notice.\ns 101B ins 2016 No. 51 s 19\n(sec.101B-ssec.1) This section applies if a police officer issuing a police protection notice reasonably believes— naming a child of the aggrieved, or a child who usually lives with the aggrieved, in the notice is necessary or desirable to protect the child from— associated domestic violence; or being exposed to domestic violence committed by the respondent; or naming another relative, or an associate, of the aggrieved in the notice is necessary or desirable to protect the relative or associate from associated domestic violence.\n(sec.101B-ssec.2) The police officer may name the child, relative or associate (each a named person ) in the police protection notice.\n- (a) naming a child of the aggrieved, or a child who usually lives with the aggrieved, in the notice is necessary or desirable to protect the child from— (i) associated domestic violence; or (ii) being exposed to domestic violence committed by the respondent; or\n- (i) associated domestic violence; or\n- (ii) being exposed to domestic violence committed by the respondent; or\n- (b) naming another relative, or an associate, of the aggrieved in the notice is necessary or desirable to protect the relative or associate from associated domestic violence.\n- (i) associated domestic violence; or\n- (ii) being exposed to domestic violence committed by the respondent; or","sortOrder":179},{"sectionNumber":"sec.102","sectionType":"section","heading":"Approval of supervising police officer required","content":"### sec.102 Approval of supervising police officer required\n\nBefore issuing a police protection notice, the police officer must obtain the approval of a supervising police officer.\nHowever, if the police officer proposes to issue a police protection notice under section 101A , the supervising police officer—\nmay give or refuse approval for—\na person to be named in the notice; or\na condition to be imposed under section 106A ; but\nmay not otherwise refuse to give the approval to issue the notice.\nThe supervising police officer must be a police officer—\nwho the police commissioner has authorised to approve the issue of police protection notices; and\nwho is not involved in investigating—\nfor a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or\nfor a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody.\nSection 106A (2) (d) also requires the supervising police officer to be of at least a particular rank if the police protection notice includes a condition under section 106A .\nThe approval of the supervising police officer may be sought and given verbally, including, for example, in person, or by telephone, radio, internet or other similar facility.\nThe police officer must make a written record of—\nthe supervising police officer’s decision to give or refuse the approval; and\nthe date and time of the decision; and\nthe supervising police officer’s name, rank, registered number, if any, and station.\nIf the supervising police officer decides to refuse the approval, the police officer must not seek approval from another police officer.\nThe police commissioner must keep the written record mentioned in subsection (5) in hard copy or electronic form.\ns 102 amd 2016 No. 51 s 20\n(sec.102-ssec.1) Before issuing a police protection notice, the police officer must obtain the approval of a supervising police officer.\n(sec.102-ssec.2) However, if the police officer proposes to issue a police protection notice under section 101A , the supervising police officer— may give or refuse approval for— a person to be named in the notice; or a condition to be imposed under section 106A ; but may not otherwise refuse to give the approval to issue the notice.\n(sec.102-ssec.3) The supervising police officer must be a police officer— who the police commissioner has authorised to approve the issue of police protection notices; and who is not involved in investigating— for a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody. Section 106A (2) (d) also requires the supervising police officer to be of at least a particular rank if the police protection notice includes a condition under section 106A .\n(sec.102-ssec.4) The approval of the supervising police officer may be sought and given verbally, including, for example, in person, or by telephone, radio, internet or other similar facility.\n(sec.102-ssec.5) The police officer must make a written record of— the supervising police officer’s decision to give or refuse the approval; and the date and time of the decision; and the supervising police officer’s name, rank, registered number, if any, and station.\n(sec.102-ssec.6) If the supervising police officer decides to refuse the approval, the police officer must not seek approval from another police officer.\n(sec.102-ssec.7) The police commissioner must keep the written record mentioned in subsection (5) in hard copy or electronic form.\n- (a) may give or refuse approval for— (i) a person to be named in the notice; or (ii) a condition to be imposed under section 106A ; but\n- (i) a person to be named in the notice; or\n- (ii) a condition to be imposed under section 106A ; but\n- (b) may not otherwise refuse to give the approval to issue the notice.\n- (i) a person to be named in the notice; or\n- (ii) a condition to be imposed under section 106A ; but\n- (a) who the police commissioner has authorised to approve the issue of police protection notices; and\n- (b) who is not involved in investigating— (i) for a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or (ii) for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody.\n- (i) for a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or\n- (ii) for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody.\n- (i) for a notice being issued under section 101 —the domestic violence mentioned in section 101 (1) (a) ; or\n- (ii) for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody.\n- (a) the supervising police officer’s decision to give or refuse the approval; and\n- (b) the date and time of the decision; and\n- (c) the supervising police officer’s name, rank, registered number, if any, and station.","sortOrder":180},{"sectionNumber":"sec.103","sectionType":"section","heading":"Cross-notice not permitted","content":"### sec.103 Cross-notice not permitted\n\nThis section applies if a police officer issues a police protection notice (the first notice ) that names a person (the first person ) as a respondent and another person (the second person ) as an aggrieved.\nUntil the first notice stops having effect, a police officer can not issue a police protection notice that names the first person as an aggrieved and the second person as a respondent.\nSee section 113 (3) for when a police protection notice stops having effect.\ns 103 amd 2016 No. 51 s 21\n(sec.103-ssec.1) This section applies if a police officer issues a police protection notice (the first notice ) that names a person (the first person ) as a respondent and another person (the second person ) as an aggrieved.\n(sec.103-ssec.2) Until the first notice stops having effect, a police officer can not issue a police protection notice that names the first person as an aggrieved and the second person as a respondent. See section 113 (3) for when a police protection notice stops having effect.","sortOrder":181},{"sectionNumber":"sec.104","sectionType":"section","heading":"Contact details and address for service","content":"### sec.104 Contact details and address for service\n\nSubsection (2) applies in relation to a police protection notice—\nif the respondent is present when a police officer issues the notice—when the police officer issues the notice; or\nif a police officer talks to the respondent in relation to the issuing of the notice in the circumstances mentioned in section 101 (1) (b) —when the police officer talks to the respondent; or\notherwise—when a police officer personally serves the notice on the respondent.\nThe police officer must ask the respondent to provide—\nthe respondent’s contact details; and\nan address for service of documents.\nWithout limiting subsection (2) (b) , the address may be—\nthe address of accommodation arranged under section 108 ; or\nthe address of a friend or family member of the respondent.\nIf the respondent provides an address under subsection (2) (b) other than an address where the respondent lives or works and another person living at the address advises the court that the person does not consent to the use of the address for the service of documents under this Act, the address is not a valid address for service of the documents.\nThe respondent is not obliged to comply with a request under subsection (2) .\nThis section does not limit the Police Powers and Responsibilities Act 2000 , section 40 .\nUnder the Police Powers and Responsibilities Act 2000 , section 40 , a police officer may require a person to state the person’s correct name and address in particular circumstances.\ns 104 amd 2016 No. 51 s 22\n(sec.104-ssec.1) Subsection (2) applies in relation to a police protection notice— if the respondent is present when a police officer issues the notice—when the police officer issues the notice; or if a police officer talks to the respondent in relation to the issuing of the notice in the circumstances mentioned in section 101 (1) (b) —when the police officer talks to the respondent; or otherwise—when a police officer personally serves the notice on the respondent.\n(sec.104-ssec.2) The police officer must ask the respondent to provide— the respondent’s contact details; and an address for service of documents.\n(sec.104-ssec.3) Without limiting subsection (2) (b) , the address may be— the address of accommodation arranged under section 108 ; or the address of a friend or family member of the respondent.\n(sec.104-ssec.4) If the respondent provides an address under subsection (2) (b) other than an address where the respondent lives or works and another person living at the address advises the court that the person does not consent to the use of the address for the service of documents under this Act, the address is not a valid address for service of the documents.\n(sec.104-ssec.5) The respondent is not obliged to comply with a request under subsection (2) .\n(sec.104-ssec.6) This section does not limit the Police Powers and Responsibilities Act 2000 , section 40 . Under the Police Powers and Responsibilities Act 2000 , section 40 , a police officer may require a person to state the person’s correct name and address in particular circumstances.\n- (a) if the respondent is present when a police officer issues the notice—when the police officer issues the notice; or\n- (b) if a police officer talks to the respondent in relation to the issuing of the notice in the circumstances mentioned in section 101 (1) (b) —when the police officer talks to the respondent; or\n- (c) otherwise—when a police officer personally serves the notice on the respondent.\n- (a) the respondent’s contact details; and\n- (b) an address for service of documents.\n- (a) the address of accommodation arranged under section 108 ; or\n- (b) the address of a friend or family member of the respondent.","sortOrder":182},{"sectionNumber":"sec.105","sectionType":"section","heading":"Form of police protection notice","content":"### sec.105 Form of police protection notice\n\nA police protection notice issued by a police officer must—\nbe in the form approved by the police commissioner; and\nstate the police officer’s name, rank, registered number, if any, and station; and\nstate the name, contact details, if any, and address for service, if any, of the respondent; and\nstate the name of the aggrieved and any named person; and\nstate the type of relevant relationship that the police officer reasonably believes exists between the respondent and the aggrieved; and\nstate that the police officer is satisfied the grounds for issuing a police protection notice under section 101 or 101A have been met; and\nstate the standard conditions mentioned in section 106 ; and\nstate any condition imposed under section 106A , including, for a cool-down condition, the date and time when the condition ends; and\nadvise the respondent that, under section 112 , the notice is taken to be an application for a protection order made by a police officer; and\nstate the date and time for the hearing of the application for the protection order at the local Magistrates Court for the respondent; and\nstate that, if the respondent fails to appear before the court, the local Magistrates Court for the respondent may—\nmake a domestic violence order against the respondent in the respondent’s absence; or\nadjourn the matter and may, in the meantime, make a temporary protection order under part 3 , division 2 ; or\norder the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court; and\nif the date mentioned in paragraph (j) is more than 28 days after the day the notice is issued, advise the respondent that—\nthe matter of the application for the protection order will be mentioned in another Magistrates Court within 28 days after the day the police protection notice is issued; and\nthe other Magistrates Court will notify the respondent of the date, time and place of the mention; and\nthe respondent may participate in the mention by attending the other Magistrates Court in person or by audio visual link or audio link; and\nthe other Magistrates Court may, under part 3 , division 2 , make a temporary protection order at the mention whether or not the respondent participates in the mention; and\nbe signed by the police officer.\nFor subsection (1) (j) , the date must be—\nwithin 14 business days after the notice is issued; or\nif the local Magistrates Court for the respondent does not sit during the time mentioned in paragraph (a) —the court’s next sitting date.\nA police protection notice may also state—\nthe nature of the protection order sought by the application for a protection order mentioned in subsection (1) (i) ; and\nthe grounds on which the order is sought.\ns 105 amd 2016 No. 51 s 23 ; 2024 No. 45 s 108\n(sec.105-ssec.1) A police protection notice issued by a police officer must— be in the form approved by the police commissioner; and state the police officer’s name, rank, registered number, if any, and station; and state the name, contact details, if any, and address for service, if any, of the respondent; and state the name of the aggrieved and any named person; and state the type of relevant relationship that the police officer reasonably believes exists between the respondent and the aggrieved; and state that the police officer is satisfied the grounds for issuing a police protection notice under section 101 or 101A have been met; and state the standard conditions mentioned in section 106 ; and state any condition imposed under section 106A , including, for a cool-down condition, the date and time when the condition ends; and advise the respondent that, under section 112 , the notice is taken to be an application for a protection order made by a police officer; and state the date and time for the hearing of the application for the protection order at the local Magistrates Court for the respondent; and state that, if the respondent fails to appear before the court, the local Magistrates Court for the respondent may— make a domestic violence order against the respondent in the respondent’s absence; or adjourn the matter and may, in the meantime, make a temporary protection order under part 3 , division 2 ; or order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court; and if the date mentioned in paragraph (j) is more than 28 days after the day the notice is issued, advise the respondent that— the matter of the application for the protection order will be mentioned in another Magistrates Court within 28 days after the day the police protection notice is issued; and the other Magistrates Court will notify the respondent of the date, time and place of the mention; and the respondent may participate in the mention by attending the other Magistrates Court in person or by audio visual link or audio link; and the other Magistrates Court may, under part 3 , division 2 , make a temporary protection order at the mention whether or not the respondent participates in the mention; and be signed by the police officer.\n(sec.105-ssec.2) For subsection (1) (j) , the date must be— within 14 business days after the notice is issued; or if the local Magistrates Court for the respondent does not sit during the time mentioned in paragraph (a) —the court’s next sitting date.\n(sec.105-ssec.3) A police protection notice may also state— the nature of the protection order sought by the application for a protection order mentioned in subsection (1) (i) ; and the grounds on which the order is sought.\n- (a) be in the form approved by the police commissioner; and\n- (b) state the police officer’s name, rank, registered number, if any, and station; and\n- (c) state the name, contact details, if any, and address for service, if any, of the respondent; and\n- (d) state the name of the aggrieved and any named person; and\n- (e) state the type of relevant relationship that the police officer reasonably believes exists between the respondent and the aggrieved; and\n- (f) state that the police officer is satisfied the grounds for issuing a police protection notice under section 101 or 101A have been met; and\n- (g) state the standard conditions mentioned in section 106 ; and\n- (h) state any condition imposed under section 106A , including, for a cool-down condition, the date and time when the condition ends; and\n- (i) advise the respondent that, under section 112 , the notice is taken to be an application for a protection order made by a police officer; and\n- (j) state the date and time for the hearing of the application for the protection order at the local Magistrates Court for the respondent; and\n- (k) state that, if the respondent fails to appear before the court, the local Magistrates Court for the respondent may— (i) make a domestic violence order against the respondent in the respondent’s absence; or (ii) adjourn the matter and may, in the meantime, make a temporary protection order under part 3 , division 2 ; or (iii) order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court; and\n- (i) make a domestic violence order against the respondent in the respondent’s absence; or\n- (ii) adjourn the matter and may, in the meantime, make a temporary protection order under part 3 , division 2 ; or\n- (iii) order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court; and\n- (l) if the date mentioned in paragraph (j) is more than 28 days after the day the notice is issued, advise the respondent that— (i) the matter of the application for the protection order will be mentioned in another Magistrates Court within 28 days after the day the police protection notice is issued; and (ii) the other Magistrates Court will notify the respondent of the date, time and place of the mention; and (iii) the respondent may participate in the mention by attending the other Magistrates Court in person or by audio visual link or audio link; and (iv) the other Magistrates Court may, under part 3 , division 2 , make a temporary protection order at the mention whether or not the respondent participates in the mention; and\n- (i) the matter of the application for the protection order will be mentioned in another Magistrates Court within 28 days after the day the police protection notice is issued; and\n- (ii) the other Magistrates Court will notify the respondent of the date, time and place of the mention; and\n- (iii) the respondent may participate in the mention by attending the other Magistrates Court in person or by audio visual link or audio link; and\n- (iv) the other Magistrates Court may, under part 3 , division 2 , make a temporary protection order at the mention whether or not the respondent participates in the mention; and\n- (m) be signed by the police officer.\n- (i) make a domestic violence order against the respondent in the respondent’s absence; or\n- (ii) adjourn the matter and may, in the meantime, make a temporary protection order under part 3 , division 2 ; or\n- (iii) order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court; and\n- (i) the matter of the application for the protection order will be mentioned in another Magistrates Court within 28 days after the day the police protection notice is issued; and\n- (ii) the other Magistrates Court will notify the respondent of the date, time and place of the mention; and\n- (iii) the respondent may participate in the mention by attending the other Magistrates Court in person or by audio visual link or audio link; and\n- (iv) the other Magistrates Court may, under part 3 , division 2 , make a temporary protection order at the mention whether or not the respondent participates in the mention; and\n- (a) within 14 business days after the notice is issued; or\n- (b) if the local Magistrates Court for the respondent does not sit during the time mentioned in paragraph (a) —the court’s next sitting date.\n- (a) the nature of the protection order sought by the application for a protection order mentioned in subsection (1) (i) ; and\n- (b) the grounds on which the order is sought.","sortOrder":183},{"sectionNumber":"sec.106","sectionType":"section","heading":"Standard conditions","content":"### sec.106 Standard conditions\n\nA police protection notice must include a condition that the respondent—\nmust be of good behaviour towards the aggrieved and must not commit domestic violence against the aggrieved; and\nmust 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\nif the notice includes a named person who is an adult—\nmust be of good behaviour towards the named person; and\nmust not commit associated domestic violence against the named person; and\nmust 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\nif the notice includes a named person who is a child—\nmust be of good behaviour towards the child; and\nmust not commit associated domestic violence against the child; and\nmust not expose the child to domestic violence; and\nmust 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\nmust not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.\ns 106 sub 2016 No. 51 s 24\namd 2024 No. 5 s 50\n- (a) must be of good behaviour towards the aggrieved and must not commit domestic violence against the aggrieved; and\n- (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\n- (c) if the notice 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\n- (i) must be of good behaviour towards the named person; and\n- (ii) must not commit associated domestic violence against the named person; and\n- (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\n- (d) if the notice 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.\n- (i) must be of good behaviour towards the child; and\n- (ii) must not commit associated domestic violence against the child; and\n- (iii) must not expose the child to domestic violence; and\n- (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\n- (v) must not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.\n- (i) must be of good behaviour towards the named person; and\n- (ii) must not commit associated domestic violence against the named person; and\n- (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\n- (i) must be of good behaviour towards the child; and\n- (ii) must not commit associated domestic violence against the child; and\n- (iii) must not expose the child to domestic violence; and\n- (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\n- (v) must not organise, encourage, ask, tell, force or engage another person to do something that exposes the child to domestic violence.","sortOrder":184},{"sectionNumber":"sec.106A","sectionType":"section","heading":"Other conditions","content":"### sec.106A Other conditions\n\nA police protection notice may include any or all of the following conditions—\na cool-down condition;\na no-contact condition;\nan ouster condition;\nif the notice includes an ouster condition—a return condition.\nThe police officer issuing the police protection notice may impose a condition mentioned in subsection (1) if—\nthe police officer reasonably believes the condition is necessary or desirable to—\nprotect the aggrieved from domestic violence; or\nprotect a named person from associated domestic violence; or\nprotect a named person who is a child from being exposed to domestic violence committed by the respondent; and\nfor an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and\nfor an ouster condition—the police officer has considered imposing a return condition; and\nthe supervising police officer who approves, under section 102 , the issuing of the notice including the condition is—\nfor a cool-down condition—of at least the rank of sergeant; or\nfor an ouster condition or no-contact condition—of at least the rank of senior sergeant.\nTo remove any doubt, it is declared that the premises that may be stated in a cool-down condition or ouster condition include—\npremises in which the respondent has a legal or equitable interest; and\npremises where the aggrieved and respondent live together or have previously lived together; and\npremises where the aggrieved or a named person lives, works or frequents.\ns 106A ins 2016 No. 51 s 24\n(sec.106A-ssec.1) A police protection notice may include any or all of the following conditions— a cool-down condition; a no-contact condition; an ouster condition; if the notice includes an ouster condition—a return condition.\n(sec.106A-ssec.2) The police officer issuing the police protection notice may impose a condition mentioned in subsection (1) if— the police officer reasonably believes the condition is necessary or desirable to— protect the aggrieved from domestic violence; or protect a named person from associated domestic violence; or protect a named person who is a child from being exposed to domestic violence committed by the respondent; and for an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and for an ouster condition—the police officer has considered imposing a return condition; and the supervising police officer who approves, under section 102 , the issuing of the notice including the condition is— for a cool-down condition—of at least the rank of sergeant; or for an ouster condition or no-contact condition—of at least the rank of senior sergeant.\n(sec.106A-ssec.3) To remove any doubt, it is declared that the premises that may be stated in a cool-down condition or ouster condition include— premises in which the respondent has a legal or equitable interest; and premises where the aggrieved and respondent live together or have previously lived together; and premises where the aggrieved or a named person lives, works or frequents.\n- (a) a cool-down condition;\n- (b) a no-contact condition;\n- (c) an ouster condition;\n- (d) if the notice includes an ouster condition—a return condition.\n- (a) the police officer reasonably believes the condition is necessary or desirable to— (i) protect the aggrieved from domestic violence; or (ii) protect a named person from associated domestic violence; or (iii) protect a named person who is a child from being exposed to domestic violence committed by the respondent; and\n- (i) protect the aggrieved from domestic violence; or\n- (ii) protect a named person from associated domestic violence; or\n- (iii) protect a named person who is a child from being exposed to domestic violence committed by the respondent; and\n- (b) for an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and\n- (c) for an ouster condition—the police officer has considered imposing a return condition; and\n- (d) the supervising police officer who approves, under section 102 , the issuing of the notice including the condition is— (i) for a cool-down condition—of at least the rank of sergeant; or (ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.\n- (i) for a cool-down condition—of at least the rank of sergeant; or\n- (ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.\n- (i) protect the aggrieved from domestic violence; or\n- (ii) protect a named person from associated domestic violence; or\n- (iii) protect a named person who is a child from being exposed to domestic violence committed by the respondent; and\n- (i) for a cool-down condition—of at least the rank of sergeant; or\n- (ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.\n- (a) premises in which the respondent has a legal or equitable interest; and\n- (b) premises where the aggrieved and respondent live together or have previously lived together; and\n- (c) premises where the aggrieved or a named person lives, works or frequents.","sortOrder":185},{"sectionNumber":"sec.107","sectionType":"section","heading":"Cool-down condition","content":"### sec.107 Cool-down condition\n\nA cool-down condition is a condition that prohibits the respondent from doing any or all of the following—\nentering, attempting to enter, or remaining at, stated premises, or approaching within a stated distance of stated premises;\napproaching, or attempting to approach, within a stated distance of the aggrieved or a named person;\ncontacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person.\nA cool-down condition ends on the date and time stated in the notice.\nThe date and time stated in the notice must be—\nno more than 24 hours after the notice is issued; and\nreasonable, having regard to the circumstances of the respondent, the aggrieved and any other person.\nIf a cool-down condition prohibits a respondent from approaching stated premises, it would be unreasonable for the condition to end at 3a.m., when the respondent’s return to the premises may disrupt other household members.\ns 107 amd 2016 No. 51 s 25\n(sec.107-ssec.1) A cool-down condition is a condition that prohibits the respondent from doing any or all of the following— entering, attempting to enter, or remaining at, stated premises, or approaching within a stated distance of stated premises; approaching, or attempting to approach, within a stated distance of the aggrieved or a named person; contacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person.\n(sec.107-ssec.2) A cool-down condition ends on the date and time stated in the notice.\n(sec.107-ssec.3) The date and time stated in the notice must be— no more than 24 hours after the notice is issued; and reasonable, having regard to the circumstances of the respondent, the aggrieved and any other person. If a cool-down condition prohibits a respondent from approaching stated premises, it would be unreasonable for the condition to end at 3a.m., when the respondent’s return to the premises may disrupt other household members.\n- (a) entering, attempting to enter, or remaining at, stated premises, or approaching within a stated distance of stated premises;\n- (b) approaching, or attempting to approach, within a stated distance of the aggrieved or a named person;\n- (c) contacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person.\n- (a) no more than 24 hours after the notice is issued; and\n- (b) reasonable, having regard to the circumstances of the respondent, the aggrieved and any other person. Example of an unreasonable date and time— If a cool-down condition prohibits a respondent from approaching stated premises, it would be unreasonable for the condition to end at 3a.m., when the respondent’s return to the premises may disrupt other household members.","sortOrder":186},{"sectionNumber":"sec.107A","sectionType":"section","heading":"No-contact condition","content":"### sec.107A No-contact condition\n\nA no-contact condition is a condition that prohibits the respondent from doing any or all of the following—\napproaching, or attempting to approach, within a stated distance of the aggrieved or a named person;\ncontacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person;\nlocating, 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.\nHowever, a no-contact condition does not prohibit the respondent from asking—\na lawyer to contact the aggrieved or a named person; or\nanother person, including a lawyer, to contact or locate the aggrieved or a named person for a purpose authorised under an Act.\nAlso, a no-contact condition does not prohibit a victim advocate from contacting or locating the aggrieved or a named person in the circumstances mentioned in section 61 (1) (a) to (c) .\nIn this section—\nlawyer means a lawyer who is representing the respondent in relation to a proceeding.\nvictim advocate means a person engaged by an approved provider to provide advocacy for, and support of, an aggrieved or named person.\ns 107A ins 2016 No. 51 s 26\n(sec.107A-ssec.1) A no-contact condition is a condition that prohibits the respondent from doing any or all of the following— approaching, or attempting to approach, within a stated distance of the aggrieved or a named person; contacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person; 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.\n(sec.107A-ssec.2) However, a no-contact condition does not prohibit the respondent from asking— a lawyer to contact the aggrieved or a named person; or another person, including a lawyer, to contact or locate the aggrieved or a named person for a purpose authorised under an Act.\n(sec.107A-ssec.3) Also, a no-contact condition does not prohibit a victim advocate from contacting or locating the aggrieved or a named person in the circumstances mentioned in section 61 (1) (a) to (c) .\n(sec.107A-ssec.4) In this section— lawyer means a lawyer who is representing the respondent in relation to a proceeding. victim advocate means a person engaged by an approved provider to provide advocacy for, and support of, an aggrieved or named person.\n- (a) approaching, or attempting to approach, within a stated distance of the aggrieved or a named person;\n- (b) contacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person;\n- (c) 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.\n- (a) a lawyer to contact the aggrieved or a named person; or\n- (b) another person, including a lawyer, to contact or locate the aggrieved or a named person for a purpose authorised under an Act.","sortOrder":187},{"sectionNumber":"sec.107B","sectionType":"section","heading":"Ouster condition","content":"### sec.107B Ouster condition\n\nAn ouster condition is a condition that prohibits the respondent from doing any or all of the following in relation to stated premises—\nentering, attempting to enter, or remaining at, the premises;\napproaching within a stated distance of the premises.\ns 107B ins 2016 No. 51 s 26\n- (a) entering, attempting to enter, or remaining at, the premises;\n- (b) approaching within a stated distance of the premises.","sortOrder":188},{"sectionNumber":"sec.107C","sectionType":"section","heading":"Return condition","content":"### sec.107C Return condition\n\nA return condition is a condition—\nincluded in a police protection notice that also includes an ouster condition; and\nthat allows the respondent, under the supervision of a police officer—\nif the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or\nif the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.\nHowever, a return condition may not allow the respondent to recover or remove personal property required to meet the daily needs of any person who continues to live in the premises stated in the ouster condition.\nhousehold furniture, kitchen appliances\nA return condition may state either of the following, based on the time of service of the police protection notice on the respondent—\nthe time at which, without contravening the police protection notice, the respondent may return to the premises and must leave the premises;\nfor how long the respondent may, without contravening the police protection notice, remain at the premises.\ns 107C ins 2016 No. 51 s 26\n(sec.107C-ssec.1) A return condition is a condition— included in a police protection notice that also includes an ouster condition; and that allows the respondent, under the supervision of a police officer— if the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or if the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.\n(sec.107C-ssec.2) However, a return condition may not allow the respondent to recover or remove personal property required to meet the daily needs of any person who continues to live in the premises stated in the ouster condition. household furniture, kitchen appliances\n(sec.107C-ssec.3) A return condition may state either of the following, based on the time of service of the police protection notice on the respondent— the time at which, without contravening the police protection notice, the respondent may return to the premises and must leave the premises; for how long the respondent may, without contravening the police protection notice, remain at the premises.\n- (a) included in a police protection notice that also includes an ouster condition; and\n- (b) that allows the respondent, under the supervision of a police officer— (i) if the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or (ii) if the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.\n- (i) if the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or\n- (ii) if the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.\n- (i) if the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or\n- (ii) if the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.\n- (a) the time at which, without contravening the police protection notice, the respondent may return to the premises and must leave the premises;\n- (b) for how long the respondent may, without contravening the police protection notice, remain at the premises.","sortOrder":189},{"sectionNumber":"sec.107D","sectionType":"section","heading":"Relationship between police protection notice and family law order","content":"### sec.107D Relationship between police protection notice and family law order\n\nIf a police officer issuing a police protection notice is considering imposing a condition that would prevent or limit contact between the respondent and a child of the respondent, the police officer must ask the respondent and the aggrieved—\nwhether a family law order that allows contact between the respondent and the child is in effect; and\nif the answer to the question in paragraph (a) is yes—to provide details of the terms of the order that allow contact between the respondent and the child.\nIf the police officer knows, or reasonably believes, the condition being considered is inconsistent with a family law order, the police officer—\nmust not impose the condition; and\nmust consider whether, in the circumstances, it is necessary or desirable to apply to a magistrate, under division 4 , for a temporary protection order that prevents or limits contact between the respondent and a child in a way that is inconsistent with the family law order.\nIf a condition included in a police protection notice is inconsistent with a family law order—\nthe condition is of no effect to the extent of the inconsistency; and\nthe inconsistency does not invalidate or otherwise affect the police protection notice.\ns 107D ins 2016 No. 51 s 26\n(sec.107D-ssec.1) If a police officer issuing a police protection notice is considering imposing a condition that would prevent or limit contact between the respondent and a child of the respondent, the police officer must ask the respondent and the aggrieved— whether a family law order that allows contact between the respondent and the child is in effect; and if the answer to the question in paragraph (a) is yes—to provide details of the terms of the order that allow contact between the respondent and the child.\n(sec.107D-ssec.2) If the police officer knows, or reasonably believes, the condition being considered is inconsistent with a family law order, the police officer— must not impose the condition; and must consider whether, in the circumstances, it is necessary or desirable to apply to a magistrate, under division 4 , for a temporary protection order that prevents or limits contact between the respondent and a child in a way that is inconsistent with the family law order.\n(sec.107D-ssec.3) If a condition included in a police protection notice is inconsistent with a family law order— the condition is of no effect to the extent of the inconsistency; and the inconsistency does not invalidate or otherwise affect the police protection notice.\n- (a) whether a family law order that allows contact between the respondent and the child is in effect; and\n- (b) if the answer to the question in paragraph (a) is yes—to provide details of the terms of the order that allow contact between the respondent and the child.\n- (a) must not impose the condition; and\n- (b) must consider whether, in the circumstances, it is necessary or desirable to apply to a magistrate, under division 4 , for a temporary protection order that prevents or limits contact between the respondent and a child in a way that is inconsistent with the family law order.\n- (a) the condition is of no effect to the extent of the inconsistency; and\n- (b) the inconsistency does not invalidate or otherwise affect the police protection notice.","sortOrder":190},{"sectionNumber":"sec.108","sectionType":"section","heading":"Police officer must consider accommodation needs","content":"### sec.108 Police officer must consider accommodation needs\n\nThis section applies if—\na police protection notice includes a cool-down condition or ouster condition; and\na police officer serves the notice on the respondent or tells the respondent about the notice as mentioned in section 113 (1) (b) .\nThe police officer must—\nconsider the accommodation needs of the respondent; and\ntake any reasonable steps necessary to ensure the respondent has access to temporary accommodation.\nmaking, or arranging, telephone enquiries to identify temporary accommodation\ntransporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\nIf the police officer reasonably believes the respondent is a child, the police officer must—\narrange temporary accommodation for the respondent; and\ntransport, or arrange for the transport of, the respondent to the accommodation.\nTo remove any doubt, it is declared that—\nthe requirement under subsection (2) (b) does not include an obligation for the police officer or the Queensland police service to transport, or arrange for the transport of, the respondent to the accommodation; and\nthe requirement under subsection (2) (b) or (3) does not include an obligation for the police officer or the Queensland police service to provide accommodation to the respondent free of charge.\ns 108 amd 2016 No. 51 s 27\n(sec.108-ssec.1) This section applies if— a police protection notice includes a cool-down condition or ouster condition; and a police officer serves the notice on the respondent or tells the respondent about the notice as mentioned in section 113 (1) (b) .\n(sec.108-ssec.2) The police officer must— consider the accommodation needs of the respondent; and take any reasonable steps necessary to ensure the respondent has access to temporary accommodation. making, or arranging, telephone enquiries to identify temporary accommodation transporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\n(sec.108-ssec.3) If the police officer reasonably believes the respondent is a child, the police officer must— arrange temporary accommodation for the respondent; and transport, or arrange for the transport of, the respondent to the accommodation.\n(sec.108-ssec.4) To remove any doubt, it is declared that— the requirement under subsection (2) (b) does not include an obligation for the police officer or the Queensland police service to transport, or arrange for the transport of, the respondent to the accommodation; and the requirement under subsection (2) (b) or (3) does not include an obligation for the police officer or the Queensland police service to provide accommodation to the respondent free of charge.\n- (a) a police protection notice includes a cool-down condition or ouster condition; and\n- (b) a police officer serves the notice on the respondent or tells the respondent about the notice as mentioned in section 113 (1) (b) .\n- (a) consider the accommodation needs of the respondent; and\n- (b) take any reasonable steps necessary to ensure the respondent has access to temporary accommodation. Examples of reasonable steps— • making, or arranging, telephone enquiries to identify temporary accommodation • transporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\n- • making, or arranging, telephone enquiries to identify temporary accommodation\n- • transporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\n- • making, or arranging, telephone enquiries to identify temporary accommodation\n- • transporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend\n- (a) arrange temporary accommodation for the respondent; and\n- (b) transport, or arrange for the transport of, the respondent to the accommodation.\n- (a) the requirement under subsection (2) (b) does not include an obligation for the police officer or the Queensland police service to transport, or arrange for the transport of, the respondent to the accommodation; and\n- (b) the requirement under subsection (2) (b) or (3) does not include an obligation for the police officer or the Queensland police service to provide accommodation to the respondent free of charge.","sortOrder":191},{"sectionNumber":"sec.109","sectionType":"section","heading":"Service of notice on respondent","content":"### sec.109 Service of notice on respondent\n\nA police officer must personally serve a police protection notice on the respondent.\nHowever, a police protection notice can not be served on a respondent after an event mentioned in section 113 (3) (a) , (b) , (c) or (d) has happened.\nTo remove any doubt, it is declared that this section applies even if the police protection notice has taken effect under section 113 (1) (b) .\ns 109 sub 2016 No. 51 s 28\n(sec.109-ssec.1) A police officer must personally serve a police protection notice on the respondent.\n(sec.109-ssec.2) However, a police protection notice can not be served on a respondent after an event mentioned in section 113 (3) (a) , (b) , (c) or (d) has happened.\n(sec.109-ssec.3) To remove any doubt, it is declared that this section applies even if the police protection notice has taken effect under section 113 (1) (b) .","sortOrder":192},{"sectionNumber":"sec.109A","sectionType":"section","heading":"Giving copy of notice to aggrieved","content":"### sec.109A Giving copy of notice to aggrieved\n\nA police officer must give a copy of a police protection notice to the aggrieved and each named person.\nA police officer is not required to comply with subsection (1) if the police officer reasonably believes—\nthe named person is a child; and\na copy of the police protection notice has already been given to a parent of the child because the parent is an aggrieved or named person.\nFailure to comply with subsection (1) does not invalidate or otherwise affect the notice.\ns 109A ins 2016 No. 51 s 28\n(sec.109A-ssec.1) A police officer must give a copy of a police protection notice to the aggrieved and each named person.\n(sec.109A-ssec.2) A police officer is not required to comply with subsection (1) if the police officer reasonably believes— the named person is a child; and a copy of the police protection notice has already been given to a parent of the child because the parent is an aggrieved or named person.\n(sec.109A-ssec.3) Failure to comply with subsection (1) does not invalidate or otherwise affect the notice.\n- (a) the named person is a child; and\n- (b) a copy of the police protection notice has already been given to a parent of the child because the parent is an aggrieved or named person.","sortOrder":193},{"sectionNumber":"sec.110","sectionType":"section","heading":"Explanation","content":"### sec.110 Explanation\n\nThis section applies if a police officer—\nserves a police protection notice on a respondent; or\ntells a respondent about a police protection notice as mentioned in section 113 (1) (b) ; or\ngives a copy of a police protection notice to an aggrieved; or\ngives a copy of a police protection notice to a parent of a child, as required under section 188 .\nThe police officer must—\nexplain to the person—\nthe police protection notice; and\nthe grounds on which the police officer who issued the notice reasonably believed that domestic violence has been committed; and\nthe reasons the police officer who issued the notice imposed the conditions of the notice; and\ntake reasonable steps to ensure the person understands the nature and consequences of the notice.\nWithout limiting subsection (2) , the police officer must explain—\nthe purpose and effect of the notice, including, for example, that—\nthe notice may be enforceable in other States and New Zealand without further notice to the respondent; and\nif the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and\nunder section 83 (2) , a person against whom a police protection notice is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and\nthe duration of the notice; and\nthe conditions of the notice, including the behaviour the respondent is prohibited from engaging in under the conditions; and\nthe type of behaviour that constitutes domestic violence; and\nSee 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 .\nthe consequences of the respondent contravening the notice; and\nthat the aggrieved cannot consent to the respondent contravening the notice; and\nthat the notice is taken to be an application for a protection order made by a police officer; and\nthat the hearing of the application for the protection order will be heard at the local Magistrates Court for the respondent at the date and time stated in the notice; and\nthe right of the respondent or aggrieved to obtain legal advice before attending court; and\nany other matter prescribed under a regulation.\nFailure to comply with this section does not invalidate or otherwise affect a police protection notice.\ns 110 amd 2016 No. 51 ss 29 , 55\n(sec.110-ssec.1) This section applies if a police officer— serves a police protection notice on a respondent; or tells a respondent about a police protection notice as mentioned in section 113 (1) (b) ; or gives a copy of a police protection notice to an aggrieved; or gives a copy of a police protection notice to a parent of a child, as required under section 188 .\n(sec.110-ssec.2) The police officer must— explain to the person— the police protection notice; and the grounds on which the police officer who issued the notice reasonably believed that domestic violence has been committed; and the reasons the police officer who issued the notice imposed the conditions of the notice; and take reasonable steps to ensure the person understands the nature and consequences of the notice.\n(sec.110-ssec.3) Without limiting subsection (2) , the police officer must explain— the purpose and effect of the notice, including, for example, that— the notice may be enforceable in other States and New Zealand without further notice to the respondent; and if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and under section 83 (2) , a person against whom a police protection notice is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and the duration of the notice; and the conditions of the notice, including the behaviour the respondent is prohibited from engaging in under the conditions; and the type of behaviour that constitutes domestic violence; and 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 . the consequences of the respondent contravening the notice; and that the aggrieved cannot consent to the respondent contravening the notice; and that the notice is taken to be an application for a protection order made by a police officer; and that the hearing of the application for the protection order will be heard at the local Magistrates Court for the respondent at the date and time stated in the notice; and the right of the respondent or aggrieved to obtain legal advice before attending court; and any other matter prescribed under a regulation.\n(sec.110-ssec.4) Failure to comply with this section does not invalidate or otherwise affect a police protection notice.\n- (a) serves a police protection notice on a respondent; or\n- (b) tells a respondent about a police protection notice as mentioned in section 113 (1) (b) ; or\n- (c) gives a copy of a police protection notice to an aggrieved; or\n- (d) gives a copy of a police protection notice to a parent of a child, as required under section 188 .\n- (a) explain to the person— (i) the police protection notice; and (ii) the grounds on which the police officer who issued the notice reasonably believed that domestic violence has been committed; and (iii) the reasons the police officer who issued the notice imposed the conditions of the notice; and\n- (i) the police protection notice; and\n- (ii) the grounds on which the police officer who issued the notice reasonably believed that domestic violence has been committed; and\n- (iii) the reasons the police officer who issued the notice imposed the conditions of the notice; and\n- (b) take reasonable steps to ensure the person understands the nature and consequences of the notice.\n- (i) the police protection notice; and\n- (ii) the grounds on which the police officer who issued the notice reasonably believed that domestic violence has been committed; and\n- (iii) the reasons the police officer who issued the notice imposed the conditions of the notice; and\n- (a) the purpose and effect of the notice, including, for example, that— (i) the notice may be enforceable in other States and New Zealand without further notice to the respondent; and (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and (iii) under section 83 (2) , a person against whom a police protection notice is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and\n- (i) the notice may be enforceable in other States and New Zealand without further notice to the respondent; and\n- (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and\n- (iii) under section 83 (2) , a person against whom a police protection notice is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and\n- (b) the duration of the notice; and\n- (c) the conditions of the notice, including the behaviour the respondent is prohibited from engaging in under the conditions; and\n- (d) the type of behaviour that constitutes domestic violence; 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 .\n- (e) the consequences of the respondent contravening the notice; and\n- (f) that the aggrieved cannot consent to the respondent contravening the notice; and\n- (g) that the notice is taken to be an application for a protection order made by a police officer; and\n- (h) that the hearing of the application for the protection order will be heard at the local Magistrates Court for the respondent at the date and time stated in the notice; and\n- (i) the right of the respondent or aggrieved to obtain legal advice before attending court; and\n- (j) any other matter prescribed under a regulation.\n- (i) the notice may be enforceable in other States and New Zealand without further notice to the respondent; and\n- (ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and\n- (iii) under section 83 (2) , a person against whom a police protection notice is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and","sortOrder":194},{"sectionNumber":"sec.111","sectionType":"section","heading":"Filing","content":"### sec.111 Filing\n\nIf a police officer issues a police protection notice, a copy of the notice must be filed in the local Magistrates Court for the respondent.\nSubsection (3) applies if the police protection notice does not state—\nthe nature of the protection order sought by the application for a protection order; and\nthe grounds on which the order is sought.\nA statement about the matters mentioned in subsection (2) (a) and (b) must be filed in the local Magistrates Court for the respondent before the earlier of the following—\nthe date and time stated in the police protection notice for the hearing of the application for the protection order;\nthe day that is 14 days after the day the notice was issued.\nSection 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.\nThe statement must be—\nmade and signed by the police officer who issued the police protection notice; and\nserved on the respondent—\nif the police protection notice has been personally served on the respondent and an address for service for the respondent is known—in any way; or\notherwise—personally by a police officer.\nSubsection (3) does not limit—\nthe way in which the court may be informed, or inform itself, about the matters mentioned in subsection (2) (a) and (b) ; or\nthe documents or evidence a party may file or give in the proceeding.\nIf the local Magistrates Court for the respondent will not be sitting within 28 days after the day the notice is issued, the clerk of the local Magistrates Court for the respondent must make arrangements with the clerk of another Magistrates Court that will be sitting within 28 days after the day the notice is issued for—\nthe matter of the application for the protection order to be listed for mention in the other Magistrates Court at the earliest opportunity; and\nthe respondent, and the police officer or service legal officer responsible for the matter, to be notified of the date, time and place of the mention.\nThe reference in subsection (2) (a) to the application for a protection order is a reference to the application for a protection order the police protection notice is taken to be under section 112 .\nTo remove any doubt, it is declared that subsection (1) applies whether or not the police protection notice has been served on the respondent.\ns 111 amd 2016 No. 51 s 30\n(sec.111-ssec.1) If a police officer issues a police protection notice, a copy of the notice must be filed in the local Magistrates Court for the respondent.\n(sec.111-ssec.2) Subsection (3) applies if the police protection notice does not state— the nature of the protection order sought by the application for a protection order; and the grounds on which the order is sought.\n(sec.111-ssec.3) A statement about the matters mentioned in subsection (2) (a) and (b) must be filed in the local Magistrates Court for the respondent before the earlier of the following— the date and time stated in the police protection notice for the hearing of the application for the protection order; the day that is 14 days after the day the notice was issued. Section 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.\n(sec.111-ssec.4) The statement must be— made and signed by the police officer who issued the police protection notice; and served on the respondent— if the police protection notice has been personally served on the respondent and an address for service for the respondent is known—in any way; or otherwise—personally by a police officer.\n(sec.111-ssec.5) Subsection (3) does not limit— the way in which the court may be informed, or inform itself, about the matters mentioned in subsection (2) (a) and (b) ; or the documents or evidence a party may file or give in the proceeding.\n(sec.111-ssec.6) If the local Magistrates Court for the respondent will not be sitting within 28 days after the day the notice is issued, the clerk of the local Magistrates Court for the respondent must make arrangements with the clerk of another Magistrates Court that will be sitting within 28 days after the day the notice is issued for— the matter of the application for the protection order to be listed for mention in the other Magistrates Court at the earliest opportunity; and the respondent, and the police officer or service legal officer responsible for the matter, to be notified of the date, time and place of the mention.\n(sec.111-ssec.7) The reference in subsection (2) (a) to the application for a protection order is a reference to the application for a protection order the police protection notice is taken to be under section 112 .\n(sec.111-ssec.8) To remove any doubt, it is declared that subsection (1) applies whether or not the police protection notice has been served on the respondent.\n- (a) the nature of the protection order sought by the application for a protection order; and\n- (b) the grounds on which the order is sought.\n- (a) the date and time stated in the police protection notice for the hearing of the application for the protection order;\n- (b) the day that is 14 days after the day the notice was issued.\n- (a) made and signed by the police officer who issued the police protection notice; and\n- (b) served on the respondent— (i) if the police protection notice has been personally served on the respondent and an address for service for the respondent is known—in any way; or (ii) otherwise—personally by a police officer.\n- (i) if the police protection notice has been personally served on the respondent and an address for service for the respondent is known—in any way; or\n- (ii) otherwise—personally by a police officer.\n- (i) if the police protection notice has been personally served on the respondent and an address for service for the respondent is known—in any way; or\n- (ii) otherwise—personally by a police officer.\n- (a) the way in which the court may be informed, or inform itself, about the matters mentioned in subsection (2) (a) and (b) ; or\n- (b) the documents or evidence a party may file or give in the proceeding.\n- (a) the matter of the application for the protection order to be listed for mention in the other Magistrates Court at the earliest opportunity; and\n- (b) the respondent, and the police officer or service legal officer responsible for the matter, to be notified of the date, time and place of the mention.","sortOrder":195},{"sectionNumber":"sec.112","sectionType":"section","heading":"Police protection notice taken to be application for protection order","content":"### sec.112 Police protection notice taken to be application for protection order\n\nA police protection notice is taken to be an application for a protection order made by a police officer.\nThis section does not apply if—\nthe police protection notice was issued against the respondent under section 101A when the respondent was released from custody; and\na police officer prepared an application for a protection order against the respondent while the respondent was in custody as required under section 118 .\ns 112 amd 2016 No. 51 s 31\n(sec.112-ssec.1) A police protection notice is taken to be an application for a protection order made by a police officer.\n(sec.112-ssec.2) This section does not apply if— the police protection notice was issued against the respondent under section 101A when the respondent was released from custody; and a police officer prepared an application for a protection order against the respondent while the respondent was in custody as required under section 118 .\n- (a) the police protection notice was issued against the respondent under section 101A when the respondent was released from custody; and\n- (b) a police officer prepared an application for a protection order against the respondent while the respondent was in custody as required under section 118 .","sortOrder":196},{"sectionNumber":"sec.113","sectionType":"section","heading":"Duration","content":"### sec.113 Duration\n\nA police protection notice takes effect when—\nthe notice is served on the respondent personally or in a way stated in a substituted service order; or\na police officer tells the respondent about the existence of the notice and the conditions of the notice.\nFor subsection (1) (b) , the respondent may be told by a police officer about the existence of the police protection notice in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means.\nA police protection notice continues in force until—\nif, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or\nif, upon the hearing of the application for a protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or\nif the court adjourns the application for a protection order and does not make a domestic violence order or an order to extend the police protection notice under subsection (4) —the proceeding is adjourned; or\nSee section 47B for when the court must consider whether to make a temporary protection order.\nif the court dismisses the application for a protection order—the application is dismissed.\nFor subsection (3) (c) , in exceptional circumstances a court may adjourn the application for a protection order and make an order to extend the police protection notice—\nfor not more than 5 business days; or\nif the court is not sitting in the next 5 business days—until the next anticipated sitting date for the court.\nAn order to extend the police protection notice under subsection (4) may be made without appearances by the parties to the application for the protection order.\nA police protection notice may be extended only once under subsection (4) .\nThe court must take reasonable steps to notify the police commissioner and the parties to the application for the protection order of any extension to the police protection notice.\nA failure to comply with subsection (7) does not invalidate or otherwise affect the extension of the police protection notice.\nIf the court makes an order to extend the police protection notice, section 47B applies at the first mention for the proceeding that occurs after the making of the order.\nIn this section, a reference to the application for a protection order is a reference to—\nthe application for a protection order a police protection notice is taken to be under section 112 ; or\nif a police protection notice was issued against the respondent under section 101A when the respondent was released from custody—the application for a protection order against the respondent prepared while the respondent was in custody as required under section 118 .\nIn this section—\nexceptional circumstances means unforeseen circumstances that cause the operation of the court to be significantly reduced.\nnatural disaster, severe weather event, major public health event\ns 113 sub 2016 No. 51 s 32\namd 2023 No. 1 s 46 ; 2024 No. 5 s 30\n(sec.113-ssec.1) A police protection notice takes effect when— the notice is served on the respondent personally or in a way stated in a substituted service order; or a police officer tells the respondent about the existence of the notice and the conditions of the notice.\n(sec.113-ssec.2) For subsection (1) (b) , the respondent may be told by a police officer about the existence of the police protection notice in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means.\n(sec.113-ssec.3) A police protection notice continues in force until— if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or if, upon the hearing of the application for a protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or if the court adjourns the application for a protection order and does not make a domestic violence order or an order to extend the police protection notice under subsection (4) —the proceeding is adjourned; or See section 47B for when the court must consider whether to make a temporary protection order. if the court dismisses the application for a protection order—the application is dismissed.\n(sec.113-ssec.4) For subsection (3) (c) , in exceptional circumstances a court may adjourn the application for a protection order and make an order to extend the police protection notice— for not more than 5 business days; or if the court is not sitting in the next 5 business days—until the next anticipated sitting date for the court.\n(sec.113-ssec.5) An order to extend the police protection notice under subsection (4) may be made without appearances by the parties to the application for the protection order.\n(sec.113-ssec.6) A police protection notice may be extended only once under subsection (4) .\n(sec.113-ssec.7) The court must take reasonable steps to notify the police commissioner and the parties to the application for the protection order of any extension to the police protection notice.\n(sec.113-ssec.8) A failure to comply with subsection (7) does not invalidate or otherwise affect the extension of the police protection notice.\n(sec.113-ssec.9) If the court makes an order to extend the police protection notice, section 47B applies at the first mention for the proceeding that occurs after the making of the order.\n(sec.113-ssec.10) In this section, a reference to the application for a protection order is a reference to— the application for a protection order a police protection notice is taken to be under section 112 ; or if a police protection notice was issued against the respondent under section 101A when the respondent was released from custody—the application for a protection order against the respondent prepared while the respondent was in custody as required under section 118 .\n(sec.113-ssec.11) In this section— exceptional circumstances means unforeseen circumstances that cause the operation of the court to be significantly reduced. natural disaster, severe weather event, major public health event\n- (a) the notice is served on the respondent personally or in a way stated in a substituted service order; or\n- (b) a police officer tells the respondent about the existence of the notice and the conditions of the notice.\n- (a) if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or\n- (b) if, upon the hearing of the application for a protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or\n- (c) if the court adjourns the application for a protection order and does not make a domestic violence order or an order to extend the police protection notice under subsection (4) —the proceeding is adjourned; or Note— See section 47B for when the court must consider whether to make a temporary protection order.\n- (d) if the court dismisses the application for a protection order—the application is dismissed.\n- (a) for not more than 5 business days; or\n- (b) if the court is not sitting in the next 5 business days—until the next anticipated sitting date for the court.\n- (a) the application for a protection order a police protection notice is taken to be under section 112 ; or\n- (b) if a police protection notice was issued against the respondent under section 101A when the respondent was released from custody—the application for a protection order against the respondent prepared while the respondent was in custody as required under section 118 .","sortOrder":197},{"sectionNumber":"sec.114","sectionType":"section","heading":"Existing domestic violence order","content":"### sec.114 Existing domestic violence order\n\nThis section applies if—\na police officer issues a police protection notice; and\nthere is an existing domestic violence order in place between the respondent and aggrieved.\nTo remove any doubt, it is declared that—\nthe respondent must comply with the police protection notice and the domestic violence order; and\nif it is not possible to comply with both, the domestic violence order prevails.\n(sec.114-ssec.1) This section applies if— a police officer issues a police protection notice; and there is an existing domestic violence order in place between the respondent and aggrieved.\n(sec.114-ssec.2) To remove any doubt, it is declared that— the respondent must comply with the police protection notice and the domestic violence order; and if it is not possible to comply with both, the domestic violence order prevails.\n- (a) a police officer issues a police protection notice; and\n- (b) there is an existing domestic violence order in place between the respondent and aggrieved.\n- (a) the respondent must comply with the police protection notice and the domestic violence order; and\n- (b) if it is not possible to comply with both, the domestic violence order prevails.","sortOrder":198},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Power to take person into custody","content":"## Power to take person into custody","sortOrder":199},{"sectionNumber":"sec.115","sectionType":"section","heading":"Definition for div 3","content":"### sec.115 Definition for div 3\n\nIn this division—\ndetention period see section 119 (3) .","sortOrder":200},{"sectionNumber":"sec.116","sectionType":"section","heading":"Police officer may take person into custody","content":"### sec.116 Police officer may take person into custody\n\nA police officer may take a person into custody if, while conducting an investigation under section 100 , the police officer reasonably suspects that the person has committed domestic violence and—\nanother person is in danger of personal injury by the person; or\nproperty is in danger of being damaged by the person.\nThe Police Powers and Responsibilities Act 2000 , section 615 provides that it is lawful for a police officer exercising or attempting to exercise a power under an Act to use reasonably necessary force to exercise the power.\ns 116 amd 2016 No. 51 s 73 sch 1\n- (a) another person is in danger of personal injury by the person; or\n- (b) property is in danger of being damaged by the person.","sortOrder":201},{"sectionNumber":"sec.117","sectionType":"section","heading":"Person must be taken to holding cell or watch-house","content":"### sec.117 Person must be taken to holding cell or watch-house\n\nA person taken into custody under section 116 must, as soon as reasonably practicable—\nbe taken by a police officer to a holding cell at a police station or police establishment and delivered into the custody of the most senior officer on duty at the station or establishment; or\nbe taken by a police officer to a watch-house and delivered into the custody of the watch-house manager.\nSee section 126 for safeguards that apply if a person taken into custody under section 116 is a child.\ns 117 amd 2016 No. 51 s 73 sch 1\n- (a) be taken by a police officer to a holding cell at a police station or police establishment and delivered into the custody of the most senior officer on duty at the station or establishment; or\n- (b) be taken by a police officer to a watch-house and delivered into the custody of the watch-house manager.","sortOrder":202},{"sectionNumber":"sec.118","sectionType":"section","heading":"Police officer must apply for protection order","content":"### sec.118 Police officer must apply for protection order\n\nA police officer must, as soon as reasonably practicable after a person is taken into custody under section 116 , prepare an application for a protection order in which the person is named as the respondent.\nIf it is reasonably practicable to bring the person before a court for the hearing of the application for the protection order while the person is still in lawful custody, a police officer must arrange for the person to be brought before the court for the hearing of the application.\nIf it is not reasonably practicable for the person to be brought before the court for the hearing of the application for the protection order while the person is still in lawful custody, the application for the protection order must state the date and time that the respondent is required to attend the local Magistrates Court for the respondent for the hearing of the application for the protection order.\nFor subsection (3) , the date must be—\nif the local Magistrates Court for the respondent sits at least once a week—within 5 business days after the person is taken into custody under section 116 ; or\notherwise—the next sitting date of the local Magistrates Court for the respondent.\nSee section 129 (2) for when a police officer must apply for a temporary protection order.\n(sec.118-ssec.1) A police officer must, as soon as reasonably practicable after a person is taken into custody under section 116 , prepare an application for a protection order in which the person is named as the respondent.\n(sec.118-ssec.2) If it is reasonably practicable to bring the person before a court for the hearing of the application for the protection order while the person is still in lawful custody, a police officer must arrange for the person to be brought before the court for the hearing of the application.\n(sec.118-ssec.3) If it is not reasonably practicable for the person to be brought before the court for the hearing of the application for the protection order while the person is still in lawful custody, the application for the protection order must state the date and time that the respondent is required to attend the local Magistrates Court for the respondent for the hearing of the application for the protection order.\n(sec.118-ssec.4) For subsection (3) , the date must be— if the local Magistrates Court for the respondent sits at least once a week—within 5 business days after the person is taken into custody under section 116 ; or otherwise—the next sitting date of the local Magistrates Court for the respondent. See section 129 (2) for when a police officer must apply for a temporary protection order.\n- (a) if the local Magistrates Court for the respondent sits at least once a week—within 5 business days after the person is taken into custody under section 116 ; or\n- (b) otherwise—the next sitting date of the local Magistrates Court for the respondent.","sortOrder":203},{"sectionNumber":"sec.119","sectionType":"section","heading":"Detention period limited","content":"### sec.119 Detention period limited\n\nThe person may be held in custody until the later of the following—\nif it is reasonably practicable to bring the person before a court for the hearing of the application for the protection order while the person is still in lawful custody—\nif the court decides to make a domestic violence order—when the domestic violence order is made and a police officer is able to comply with section 124 (1) (b) ; or\nif the court adjourns the application for the protection order and does not make a domestic violence order—when the proceeding is adjourned; or\nif the court dismisses the application for the protection order—when the application is dismissed;\nif it is not reasonably practicable to bring the person before a court for the hearing of the application for the protection order while the person is still in lawful custody—when the application for the protection order is prepared and a police officer is able to comply with section 124 (1) (d) or (e) ;\nif a police officer obtains a temporary protection order under division 4 while the person is still in lawful custody—when the temporary protection order is made and a police officer is able to comply with section 124 (1) (c) .\nIn addition, if an order is made under subsection (1) (a) (i) or (c), or an application is prepared under subsection (1) (b) , the person may be held in custody until the later of the following—\nif a police officer reasonably believes it is necessary to make arrangements for the safety of the aggrieved or a child—when arrangements are made for the safety of the aggrieved or the child;\nif a police officer reasonably believes the person is intoxicated to an extent that the person is incapable of understanding the nature and effect of a document that must be given to the person under section 124 —when the police officer reasonably believes the person is capable of understanding the nature and effect of the document;\nif a police officer reasonably believes the person’s behaviour is so aggressive or threatening that it presents a continuing danger of personal injury or property damage—when the police officer reasonably believes the person’s behaviour no longer presents a continuing danger of personal injury or property damage.\nHowever, the person must not be held in custody for more than the following period (the detention period )—\nif the person is being held in custody under subsection (2) (b) —8 hours from when the person is first taken into custody under section 116 ;\notherwise—4 hours from when the person is first taken into custody under section 116 .\ns 119 amd 2016 No. 51 s 73 sch 1\n(sec.119-ssec.1) The person may be held in custody until the later of the following— if it is reasonably practicable to bring the person before a court for the hearing of the application for the protection order while the person is still in lawful custody— if the court decides to make a domestic violence order—when the domestic violence order is made and a police officer is able to comply with section 124 (1) (b) ; or if the court adjourns the application for the protection order and does not make a domestic violence order—when the proceeding is adjourned; or if the court dismisses the application for the protection order—when the application is dismissed; if it is not reasonably practicable to bring the person before a court for the hearing of the application for the protection order while the person is still in lawful custody—when the application for the protection order is prepared and a police officer is able to comply with section 124 (1) (d) or (e) ; if a police officer obtains a temporary protection order under division 4 while the person is still in lawful custody—when the temporary protection order is made and a police officer is able to comply with section 124 (1) (c) .\n(sec.119-ssec.2) In addition, if an order is made under subsection (1) (a) (i) or (c), or an application is prepared under subsection (1) (b) , the person may be held in custody until the later of the following— if a police officer reasonably believes it is necessary to make arrangements for the safety of the aggrieved or a child—when arrangements are made for the safety of the aggrieved or the child; if a police officer reasonably believes the person is intoxicated to an extent that the person is incapable of understanding the nature and effect of a document that must be given to the person under section 124 —when the police officer reasonably believes the person is capable of understanding the nature and effect of the document; if a police officer reasonably believes the person’s behaviour is so aggressive or threatening that it presents a continuing danger of personal injury or property damage—when the police officer reasonably believes the person’s behaviour no longer presents a continuing danger of personal injury or property damage.\n(sec.119-ssec.3) However, the person must not be held in custody for more than the following period (the detention period )— if the person is being held in custody under subsection (2) (b) —8 hours from when the person is first taken into custody under section 116 ; otherwise—4 hours from when the person is first taken into custody under section 116 .\n- (a) if it is reasonably practicable to bring the person before a court for the hearing of the application for the protection order while the person is still in lawful custody— (i) if the court decides to make a domestic violence order—when the domestic violence order is made and a police officer is able to comply with section 124 (1) (b) ; or (ii) if the court adjourns the application for the protection order and does not make a domestic violence order—when the proceeding is adjourned; or (iii) if the court dismisses the application for the protection order—when the application is dismissed;\n- (i) if the court decides to make a domestic violence order—when the domestic violence order is made and a police officer is able to comply with section 124 (1) (b) ; or\n- (ii) if the court adjourns the application for the protection order and does not make a domestic violence order—when the proceeding is adjourned; or\n- (iii) if the court dismisses the application for the protection order—when the application is dismissed;\n- (b) if it is not reasonably practicable to bring the person before a court for the hearing of the application for the protection order while the person is still in lawful custody—when the application for the protection order is prepared and a police officer is able to comply with section 124 (1) (d) or (e) ;\n- (c) if a police officer obtains a temporary protection order under division 4 while the person is still in lawful custody—when the temporary protection order is made and a police officer is able to comply with section 124 (1) (c) .\n- (i) if the court decides to make a domestic violence order—when the domestic violence order is made and a police officer is able to comply with section 124 (1) (b) ; or\n- (ii) if the court adjourns the application for the protection order and does not make a domestic violence order—when the proceeding is adjourned; or\n- (iii) if the court dismisses the application for the protection order—when the application is dismissed;\n- (a) if a police officer reasonably believes it is necessary to make arrangements for the safety of the aggrieved or a child—when arrangements are made for the safety of the aggrieved or the child;\n- (b) if a police officer reasonably believes the person is intoxicated to an extent that the person is incapable of understanding the nature and effect of a document that must be given to the person under section 124 —when the police officer reasonably believes the person is capable of understanding the nature and effect of the document;\n- (c) if a police officer reasonably believes the person’s behaviour is so aggressive or threatening that it presents a continuing danger of personal injury or property damage—when the police officer reasonably believes the person’s behaviour no longer presents a continuing danger of personal injury or property damage.\n- (a) if the person is being held in custody under subsection (2) (b) —8 hours from when the person is first taken into custody under section 116 ;\n- (b) otherwise—4 hours from when the person is first taken into custody under section 116 .","sortOrder":204},{"sectionNumber":"sec.120","sectionType":"section","heading":"Person not to be questioned about offence","content":"### sec.120 Person not to be questioned about offence\n\nA police officer must not question a person held in custody under this division about the person’s involvement in the commission of an offence or suspected offence.","sortOrder":205},{"sectionNumber":"sec.121","sectionType":"section","heading":"Police officer may apply for extension of detention period","content":"### sec.121 Police officer may apply for extension of detention period\n\nIf section 119 (3) (b) applies to a person held in custody under this division, a police officer may apply for an order extending the detention period for the person.\nThe application must be made—\nto a magistrate; and\nbefore the detention period for the person ends.\nThe application must be made in a way that gives the person or the person’s lawyer a reasonable opportunity to prepare and make submissions about the application.\nIf the application is faxed to a magistrate, the person may speak to the magistrate by telephone.\nBefore the application is made, the police officer must—\ntell the person or the person’s lawyer of the application; and\ngive the person a copy of the application; and\nask the person or the person’s lawyer if he or she—\nagrees to the application or wants to oppose it; and\nwants to make submissions or say anything to the magistrate hearing the application.\nThe application must state the following—\nthe police officer’s name, rank, registered number, if any, and station;\nthe following information about the person—\nthe person’s name, age and address;\nwhether the person is a child;\nwhether the person is an Aboriginal person or Torres Strait Islander;\nwhether the person is a person with impaired capacity;\nif the person is a child—whether a parent of the child has been advised of the child’s detention;\nwhy further detention of the person is necessary.\nThe police officer must tell the magistrate—\nwhether or not the person or the person’s lawyer wants to make submissions or say anything to the magistrate; and\nwhether there is any factor, including, for example, the intoxication of the person, that may affect the person’s ability to communicate with the magistrate.\nThe application may be made by phone, fax, radio, email or another similar facility if—\nthe application is made outside of normal business hours; or\nthe police officer considers it necessary because of other special circumstances, including, for example, the police officer’s remote location.\nAn application made in a way mentioned in subsection (7) is taken to be made only when it is brought to the attention of the magistrate.\nIf a police officer faxes an application to a magistrate, the application is made only when the magistrate reads the fax or the police officer speaks to the magistrate by telephone to tell the magistrate the fax has been sent.\nThe magistrate must make a record in writing of the application.\nThe person, or the person’s lawyer, may make submissions to the magistrate about the application, but not submissions that unduly delay the consideration of the application.\nTo remove any doubt, it is declared that the application may be made at the same time as any other application under this Act, including, for example, an application for a temporary protection order.\n(sec.121-ssec.1) If section 119 (3) (b) applies to a person held in custody under this division, a police officer may apply for an order extending the detention period for the person.\n(sec.121-ssec.2) The application must be made— to a magistrate; and before the detention period for the person ends.\n(sec.121-ssec.3) The application must be made in a way that gives the person or the person’s lawyer a reasonable opportunity to prepare and make submissions about the application. If the application is faxed to a magistrate, the person may speak to the magistrate by telephone.\n(sec.121-ssec.4) Before the application is made, the police officer must— tell the person or the person’s lawyer of the application; and give the person a copy of the application; and ask the person or the person’s lawyer if he or she— agrees to the application or wants to oppose it; and wants to make submissions or say anything to the magistrate hearing the application.\n(sec.121-ssec.5) The application must state the following— the police officer’s name, rank, registered number, if any, and station; the following information about the person— the person’s name, age and address; whether the person is a child; whether the person is an Aboriginal person or Torres Strait Islander; whether the person is a person with impaired capacity; if the person is a child—whether a parent of the child has been advised of the child’s detention; why further detention of the person is necessary.\n(sec.121-ssec.6) The police officer must tell the magistrate— whether or not the person or the person’s lawyer wants to make submissions or say anything to the magistrate; and whether there is any factor, including, for example, the intoxication of the person, that may affect the person’s ability to communicate with the magistrate.\n(sec.121-ssec.7) The application may be made by phone, fax, radio, email or another similar facility if— the application is made outside of normal business hours; or the police officer considers it necessary because of other special circumstances, including, for example, the police officer’s remote location.\n(sec.121-ssec.8) An application made in a way mentioned in subsection (7) is taken to be made only when it is brought to the attention of the magistrate. If a police officer faxes an application to a magistrate, the application is made only when the magistrate reads the fax or the police officer speaks to the magistrate by telephone to tell the magistrate the fax has been sent.\n(sec.121-ssec.9) The magistrate must make a record in writing of the application.\n(sec.121-ssec.10) The person, or the person’s lawyer, may make submissions to the magistrate about the application, but not submissions that unduly delay the consideration of the application.\n(sec.121-ssec.11) To remove any doubt, it is declared that the application may be made at the same time as any other application under this Act, including, for example, an application for a temporary protection order.\n- (a) to a magistrate; and\n- (b) before the detention period for the person ends.\n- (a) tell the person or the person’s lawyer of the application; and\n- (b) give the person a copy of the application; and\n- (c) ask the person or the person’s lawyer if he or she— (i) agrees to the application or wants to oppose it; and (ii) wants to make submissions or say anything to the magistrate hearing the application.\n- (i) agrees to the application or wants to oppose it; and\n- (ii) wants to make submissions or say anything to the magistrate hearing the application.\n- (i) agrees to the application or wants to oppose it; and\n- (ii) wants to make submissions or say anything to the magistrate hearing the application.\n- (a) the police officer’s name, rank, registered number, if any, and station;\n- (b) the following information about the person— (i) the person’s name, age and address; (ii) whether the person is a child; (iii) whether the person is an Aboriginal person or Torres Strait Islander; (iv) whether the person is a person with impaired capacity; (v) if the person is a child—whether a parent of the child has been advised of the child’s detention;\n- (i) the person’s name, age and address;\n- (ii) whether the person is a child;\n- (iii) whether the person is an Aboriginal person or Torres Strait Islander;\n- (iv) whether the person is a person with impaired capacity;\n- (v) if the person is a child—whether a parent of the child has been advised of the child’s detention;\n- (c) why further detention of the person is necessary.\n- (i) the person’s name, age and address;\n- (ii) whether the person is a child;\n- (iii) whether the person is an Aboriginal person or Torres Strait Islander;\n- (iv) whether the person is a person with impaired capacity;\n- (v) if the person is a child—whether a parent of the child has been advised of the child’s detention;\n- (a) whether or not the person or the person’s lawyer wants to make submissions or say anything to the magistrate; and\n- (b) whether there is any factor, including, for example, the intoxication of the person, that may affect the person’s ability to communicate with the magistrate.\n- (a) the application is made outside of normal business hours; or\n- (b) the police officer considers it necessary because of other special circumstances, including, for example, the police officer’s remote location.","sortOrder":206},{"sectionNumber":"sec.122","sectionType":"section","heading":"When detention period may be extended","content":"### sec.122 When detention period may be extended\n\nA magistrate may extend the detention period for a person if satisfied—\nthe nature and seriousness of the alleged domestic violence require the extension; and\nfurther detention of the person is necessary—\nto make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or\nto allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and\nthe person, or the person’s lawyer, has been given a reasonable opportunity to prepare and make submissions about the application.\nAn order extending the detention period may authorise the further detention of the person for a reasonable period, of not more than 4 hours, stated in the order.\n(sec.122-ssec.1) A magistrate may extend the detention period for a person if satisfied— the nature and seriousness of the alleged domestic violence require the extension; and further detention of the person is necessary— to make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or to allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and the person, or the person’s lawyer, has been given a reasonable opportunity to prepare and make submissions about the application.\n(sec.122-ssec.2) An order extending the detention period may authorise the further detention of the person for a reasonable period, of not more than 4 hours, stated in the order.\n- (a) the nature and seriousness of the alleged domestic violence require the extension; and\n- (b) further detention of the person is necessary— (i) to make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or (ii) to allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and\n- (i) to make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or\n- (ii) to allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and\n- (c) the person, or the person’s lawyer, has been given a reasonable opportunity to prepare and make submissions about the application.\n- (i) to make arrangements for the safety of the aggrieved or a child as mentioned in section 119 (2) (a) ; or\n- (ii) to allow a police officer to form a reasonable belief under section 119 (2) (c) that the person’s behaviour no longer presents a continuing danger of personal injury or property damage; and","sortOrder":207},{"sectionNumber":"sec.123","sectionType":"section","heading":"Extended detention period limited to 8 hours","content":"### sec.123 Extended detention period limited to 8 hours\n\nIf an application for the extension of a detention period is made before the detention period ends, the detention of the person ends at the earlier of the following—\nwhen the magistrate refuses the application for the extension of the detention period;\nthe time stated in an order extending the detention period;\n8 hours from when the person is first taken into custody under section 116 .\n- (a) when the magistrate refuses the application for the extension of the detention period;\n- (b) the time stated in an order extending the detention period;\n- (c) 8 hours from when the person is first taken into custody under section 116 .","sortOrder":208},{"sectionNumber":"sec.124","sectionType":"section","heading":"Release of person from custody","content":"### sec.124 Release of person from custody\n\nWhen a person taken into custody under section 116 is released from custody, a police officer must—\nin relation to the application for the protection order prepared under section 118 (1) —serve a copy of the application on the person in compliance with section 34 ; and\nif a domestic violence order is made by a court under part 3 , division 1 or 2 —serve a copy of the order on the person in compliance with section 184 ; and\nif a temporary protection order is made by a magistrate under section 131 —serve a copy of the order on the person in compliance with section 133 (1) (a) ; and\nif a police protection notice is issued under section 101A —personally serve the notice on the person and explain the notice to the person in compliance with sections 109 and 110 ; and\nif release conditions are imposed under section 125 —personally serve a copy of the release conditions on the person.\nHowever, subsection (1) and sections 101A , 118 and 125 do not apply if—\nthe person is named as a respondent in a domestic violence order made, or police protection notice issued, before the person was taken into custody; and\nthe person named as the aggrieved in the order or notice is also another person involved in the domestic violence for which the person was taken into custody.\ns 124 amd 2016 No. 51 s 33\n(sec.124-ssec.1) When a person taken into custody under section 116 is released from custody, a police officer must— in relation to the application for the protection order prepared under section 118 (1) —serve a copy of the application on the person in compliance with section 34 ; and if a domestic violence order is made by a court under part 3 , division 1 or 2 —serve a copy of the order on the person in compliance with section 184 ; and if a temporary protection order is made by a magistrate under section 131 —serve a copy of the order on the person in compliance with section 133 (1) (a) ; and if a police protection notice is issued under section 101A —personally serve the notice on the person and explain the notice to the person in compliance with sections 109 and 110 ; and if release conditions are imposed under section 125 —personally serve a copy of the release conditions on the person.\n(sec.124-ssec.2) However, subsection (1) and sections 101A , 118 and 125 do not apply if— the person is named as a respondent in a domestic violence order made, or police protection notice issued, before the person was taken into custody; and the person named as the aggrieved in the order or notice is also another person involved in the domestic violence for which the person was taken into custody.\n- (a) in relation to the application for the protection order prepared under section 118 (1) —serve a copy of the application on the person in compliance with section 34 ; and\n- (b) if a domestic violence order is made by a court under part 3 , division 1 or 2 —serve a copy of the order on the person in compliance with section 184 ; and\n- (c) if a temporary protection order is made by a magistrate under section 131 —serve a copy of the order on the person in compliance with section 133 (1) (a) ; and\n- (d) if a police protection notice is issued under section 101A —personally serve the notice on the person and explain the notice to the person in compliance with sections 109 and 110 ; and\n- (e) if release conditions are imposed under section 125 —personally serve a copy of the release conditions on the person.\n- (a) the person is named as a respondent in a domestic violence order made, or police protection notice issued, before the person was taken into custody; and\n- (b) the person named as the aggrieved in the order or notice is also another person involved in the domestic violence for which the person was taken into custody.","sortOrder":209},{"sectionNumber":"sec.125","sectionType":"section","heading":"When police officer must release person on conditions","content":"### sec.125 When police officer must release person on conditions\n\nThis section applies if—\nit is not reasonably practicable, as mentioned in section 118 (2) , to bring a person before the court for the hearing of the application for a protection order; and\na police officer has not obtained a temporary protection order under division 4 naming the person as a respondent; and\nthe releasing police officer reasonably believes a domestic violence order has been made, or a police protection notice has been issued, that names the person as the aggrieved and another person involved in the domestic violence for which the person was taken into custody as a respondent.\nThe releasing police officer must release the person (the respondent ) from custody on the conditions (the release conditions ) that the releasing police officer considers are necessary or desirable to—\nprotect the aggrieved from domestic violence; or\nprotect a named person from associated domestic violence; or\nprotect a named person who is a child from being exposed to domestic violence committed by the respondent.\nWithout limiting subsection (2) , release conditions—\nmust include the standard conditions for a police protection notice stated in section 106 ; and\nmay include any or all of the following—\na no-contact condition;\nan ouster condition;\nif the release conditions include an ouster condition—a return condition;\nanother condition the releasing police officer considers is necessary or desirable in the circumstances.\nSections 101B , 102 , 106 , 106A (other than to the extent that section refers to cool-down conditions) and 107D apply for releasing the respondent on release conditions as though a reference in the section to a police protection notice issued under section 101A was a reference to release conditions imposed under this section.\nThe release conditions continue in force until—\nif, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or\nif, upon the hearing of the application for the protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or\nif the court adjourns the application for the protection order and does not make a domestic violence order—the proceeding is adjourned; or\nif the court dismisses the application for the protection order—the application is dismissed.\ns 125 sub 2016 No. 51 s 34\n(sec.125-ssec.1) This section applies if— it is not reasonably practicable, as mentioned in section 118 (2) , to bring a person before the court for the hearing of the application for a protection order; and a police officer has not obtained a temporary protection order under division 4 naming the person as a respondent; and the releasing police officer reasonably believes a domestic violence order has been made, or a police protection notice has been issued, that names the person as the aggrieved and another person involved in the domestic violence for which the person was taken into custody as a respondent.\n(sec.125-ssec.2) The releasing police officer must release the person (the respondent ) from custody on the conditions (the release conditions ) that the releasing police officer considers are necessary or desirable to— protect the aggrieved from domestic violence; or protect a named person from associated domestic violence; or protect a named person who is a child from being exposed to domestic violence committed by the respondent.\n(sec.125-ssec.3) Without limiting subsection (2) , release conditions— must include the standard conditions for a police protection notice stated in section 106 ; and may include any or all of the following— a no-contact condition; an ouster condition; if the release conditions include an ouster condition—a return condition; another condition the releasing police officer considers is necessary or desirable in the circumstances.\n(sec.125-ssec.4) Sections 101B , 102 , 106 , 106A (other than to the extent that section refers to cool-down conditions) and 107D apply for releasing the respondent on release conditions as though a reference in the section to a police protection notice issued under section 101A was a reference to release conditions imposed under this section.\n(sec.125-ssec.5) The release conditions continue in force until— if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or if, upon the hearing of the application for the protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or if the court adjourns the application for the protection order and does not make a domestic violence order—the proceeding is adjourned; or if the court dismisses the application for the protection order—the application is dismissed.\n- (a) it is not reasonably practicable, as mentioned in section 118 (2) , to bring a person before the court for the hearing of the application for a protection order; and\n- (b) a police officer has not obtained a temporary protection order under division 4 naming the person as a respondent; and\n- (c) the releasing police officer reasonably believes a domestic violence order has been made, or a police protection notice has been issued, that names the person as the aggrieved and another person involved in the domestic violence for which the person was taken into custody as a respondent.\n- (a) protect the aggrieved from domestic violence; or\n- (b) protect a named person from associated domestic violence; or\n- (c) protect a named person who is a child from being exposed to domestic violence committed by the respondent.\n- (a) must include the standard conditions for a police protection notice stated in section 106 ; and\n- (b) may include any or all of the following— (i) a no-contact condition; (ii) an ouster condition; (iii) if the release conditions include an ouster condition—a return condition; (iv) another condition the releasing police officer considers is necessary or desirable in the circumstances.\n- (i) a no-contact condition;\n- (ii) an ouster condition;\n- (iii) if the release conditions include an ouster condition—a return condition;\n- (iv) another condition the releasing police officer considers is necessary or desirable in the circumstances.\n- (i) a no-contact condition;\n- (ii) an ouster condition;\n- (iii) if the release conditions include an ouster condition—a return condition;\n- (iv) another condition the releasing police officer considers is necessary or desirable in the circumstances.\n- (a) if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or\n- (b) if, upon the hearing of the application for the protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or\n- (c) if the court adjourns the application for the protection order and does not make a domestic violence order—the proceeding is adjourned; or\n- (d) if the court dismisses the application for the protection order—the application is dismissed.","sortOrder":210},{"sectionNumber":"sec.126","sectionType":"section","heading":"Particular safeguards for detention of child","content":"### sec.126 Particular safeguards for detention of child\n\nThis section applies—\nif a person taken into custody under section 116 is a child; and\ndespite any other provision of this Act.\nThe child must be taken into custody only as a last resort and for the least time that is justified in the circumstances.\nThe child must be held in custody only in a way that allows the child to be held separately from any adults being held in custody at the same place.\nA police officer must notify the following persons that the child has been taken into custody—\na parent of the child, unless a parent can not be found after making all reasonable enquiries;\nif the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which that chief executive has responsibility.\nThis section does not apply in relation to a child if a police officer believes on reasonable grounds that the child is an adult.\nIn deciding whether the police officer had the reasonable grounds mentioned in subsection (5) , a court may have regard to the child’s apparent age and the circumstances of the child’s detention.\nIn this section—\nchief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.\nparent , of a child, includes someone who is apparently a parent of the child.\n(sec.126-ssec.1) This section applies— if a person taken into custody under section 116 is a child; and despite any other provision of this Act.\n(sec.126-ssec.2) The child must be taken into custody only as a last resort and for the least time that is justified in the circumstances.\n(sec.126-ssec.3) The child must be held in custody only in a way that allows the child to be held separately from any adults being held in custody at the same place.\n(sec.126-ssec.4) A police officer must notify the following persons that the child has been taken into custody— a parent of the child, unless a parent can not be found after making all reasonable enquiries; if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which that chief executive has responsibility.\n(sec.126-ssec.5) This section does not apply in relation to a child if a police officer believes on reasonable grounds that the child is an adult.\n(sec.126-ssec.6) In deciding whether the police officer had the reasonable grounds mentioned in subsection (5) , a court may have regard to the child’s apparent age and the circumstances of the child’s detention.\n(sec.126-ssec.7) In this section— chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered. parent , of a child, includes someone who is apparently a parent of the child.\n- (a) if a person taken into custody under section 116 is a child; and\n- (b) despite any other provision of this Act.\n- (a) a parent of the child, unless a parent can not be found after making all reasonable enquiries;\n- (b) if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which that chief executive has responsibility.","sortOrder":211},{"sectionNumber":"sec.127","sectionType":"section","heading":"When person may be taken to place for treatment","content":"### sec.127 When person may be taken to place for treatment\n\nA police officer may take a person who is in custody under this division, during the detention period or any extension of the detention period obtained under section 122 , to another place at which the respondent may receive treatment necessary for the respondent’s welfare.\nhospital, medical practice\nHowever, if a police officer reasonably believes that treatment necessary for the respondent’s welfare will not be completed within the detention period or any extension of the detention period obtained under section 122 —\nthe police officer must take the person to a place where the respondent can receive the necessary treatment and release the person from custody at that place; and\nsections 101A, 118 , 124 and 125 do not apply.\nSubsection (2) does not affect the power of a police officer to take any other action under this Act.\ns 127 amd 2016 No. 51 s 35\n(sec.127-ssec.1) A police officer may take a person who is in custody under this division, during the detention period or any extension of the detention period obtained under section 122 , to another place at which the respondent may receive treatment necessary for the respondent’s welfare. hospital, medical practice\n(sec.127-ssec.2) However, if a police officer reasonably believes that treatment necessary for the respondent’s welfare will not be completed within the detention period or any extension of the detention period obtained under section 122 — the police officer must take the person to a place where the respondent can receive the necessary treatment and release the person from custody at that place; and sections 101A, 118 , 124 and 125 do not apply.\n(sec.127-ssec.3) Subsection (2) does not affect the power of a police officer to take any other action under this Act.\n- (a) the police officer must take the person to a place where the respondent can receive the necessary treatment and release the person from custody at that place; and\n- (b) sections 101A, 118 , 124 and 125 do not apply.","sortOrder":212},{"sectionNumber":"sec.128","sectionType":"section","heading":"When intoxicated person may be taken to place of safety","content":"### sec.128 When intoxicated person may be taken to place of safety\n\nThis section applies if—\na person is taken into custody under section 116 ; and\nat any time during the detention period, or any extension of the detention period obtained under section 122 , a police officer reasonably believes—\nthe person is intoxicated; and\nit is more appropriate for the person to be taken to a place of safety at which the person can receive the care necessary to enable the person to recover safely from the effects of intoxication.\nThe police officer must take the person to a place of safety and release the person from custody at that place.\nSubsection (2) does not apply if the police officer is satisfied—\na person at the place of safety is unable to provide care for the person; or\nthe person’s behaviour may pose a risk of harm, including, but not limited to, domestic violence or associated domestic violence, to other persons at the place of safety.\nBefore the police officer releases the person, the police officer must ensure the person apparently in possession or in charge of the place of safety gives a police officer a signed undertaking in the approved form to provide care for the person.\nA person taken to a place of safety can not be compelled to stay there.\nIf the place of safety is not the person’s home, the person apparently in possession or in charge of the place of safety may lawfully provide care for the person until the person voluntarily leaves the place.\nIf a person is, under this section, released from custody at a place of safety, sections 101A, 118 , 124 and 125 do not apply.\nThis section does not affect the power of a police officer to take any other action under this Act.\nIn this section—\nplace of safety means a place, other than a holding cell at a police station or police establishment or a watch-house, that a police officer considers is a place at which a person can receive the care necessary to enable the person to recover safely from the effects of being intoxicated.\na place other than a hospital that provides care for persons who are drunk\na vehicle used to transport persons to a place of safety and under the control of someone other than a police officer\nthe person’s home, or the home of a relative or friend, if there is no likelihood of domestic violence or associated domestic violence happening at the place or the person is not subject to a domestic violence order preventing the person from entering or remaining at the place\ns 128 amd 2016 No. 51 s 36\n(sec.128-ssec.1) This section applies if— a person is taken into custody under section 116 ; and at any time during the detention period, or any extension of the detention period obtained under section 122 , a police officer reasonably believes— the person is intoxicated; and it is more appropriate for the person to be taken to a place of safety at which the person can receive the care necessary to enable the person to recover safely from the effects of intoxication.\n(sec.128-ssec.2) The police officer must take the person to a place of safety and release the person from custody at that place.\n(sec.128-ssec.3) Subsection (2) does not apply if the police officer is satisfied— a person at the place of safety is unable to provide care for the person; or the person’s behaviour may pose a risk of harm, including, but not limited to, domestic violence or associated domestic violence, to other persons at the place of safety.\n(sec.128-ssec.4) Before the police officer releases the person, the police officer must ensure the person apparently in possession or in charge of the place of safety gives a police officer a signed undertaking in the approved form to provide care for the person.\n(sec.128-ssec.5) A person taken to a place of safety can not be compelled to stay there.\n(sec.128-ssec.6) If the place of safety is not the person’s home, the person apparently in possession or in charge of the place of safety may lawfully provide care for the person until the person voluntarily leaves the place.\n(sec.128-ssec.7) If a person is, under this section, released from custody at a place of safety, sections 101A, 118 , 124 and 125 do not apply.\n(sec.128-ssec.8) This section does not affect the power of a police officer to take any other action under this Act.\n(sec.128-ssec.9) In this section— place of safety means a place, other than a holding cell at a police station or police establishment or a watch-house, that a police officer considers is a place at which a person can receive the care necessary to enable the person to recover safely from the effects of being intoxicated. a place other than a hospital that provides care for persons who are drunk a vehicle used to transport persons to a place of safety and under the control of someone other than a police officer the person’s home, or the home of a relative or friend, if there is no likelihood of domestic violence or associated domestic violence happening at the place or the person is not subject to a domestic violence order preventing the person from entering or remaining at the place\n- (a) a person is taken into custody under section 116 ; and\n- (b) at any time during the detention period, or any extension of the detention period obtained under section 122 , a police officer reasonably believes— (i) the person is intoxicated; and (ii) it is more appropriate for the person to be taken to a place of safety at which the person can receive the care necessary to enable the person to recover safely from the effects of intoxication.\n- (i) the person is intoxicated; and\n- (ii) it is more appropriate for the person to be taken to a place of safety at which the person can receive the care necessary to enable the person to recover safely from the effects of intoxication.\n- (i) the person is intoxicated; and\n- (ii) it is more appropriate for the person to be taken to a place of safety at which the person can receive the care necessary to enable the person to recover safely from the effects of intoxication.\n- (a) a person at the place of safety is unable to provide care for the person; or\n- (b) the person’s behaviour may pose a risk of harm, including, but not limited to, domestic violence or associated domestic violence, to other persons at the place of safety.\n- • a place other than a hospital that provides care for persons who are drunk\n- • a vehicle used to transport persons to a place of safety and under the control of someone other than a police officer\n- • the person’s home, or the home of a relative or friend, if there is no likelihood of domestic violence or associated domestic violence happening at the place or the person is not subject to a domestic violence order preventing the person from entering or remaining at the place","sortOrder":213},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Power to apply for urgent temporary protection order","content":"## Power to apply for urgent temporary protection order","sortOrder":214},{"sectionNumber":"sec.129","sectionType":"section","heading":"When police officer may apply for temporary protection order","content":"### sec.129 When police officer may apply for temporary protection order\n\nA police officer may apply for a temporary protection order against a person if—\nan application for a protection order against the person has been prepared; and\nthe police officer reasonably believes that the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and\nthe remoteness of a court\nthe limited availability of a court\nthe whereabouts of the respondent is unknown\nthe police officer reasonably believes that a temporary protection order is necessary or desirable to protect the aggrieved from domestic violence.\nA police officer must apply for a temporary protection order against a person taken into custody under division 3 if—\nan application for a protection order against the person has been prepared as required under section 118 (1) ; and\nit is not reasonably practicable, as mentioned in section 118 (2) , to bring the person before the court for the hearing of the application while the respondent is still in lawful custody; and\nthe date for the hearing of the application for the protection order, as stated on the copy of the application prepared under section 118 (1) , is more than 5 business days after the day the person is to be released.\ns 129 amd 2016 No. 51 s 37\n(sec.129-ssec.1) A police officer may apply for a temporary protection order against a person if— an application for a protection order against the person has been prepared; and the police officer reasonably believes that the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and the remoteness of a court the limited availability of a court the whereabouts of the respondent is unknown the police officer reasonably believes that a temporary protection order is necessary or desirable to protect the aggrieved from domestic violence.\n(sec.129-ssec.2) A police officer must apply for a temporary protection order against a person taken into custody under division 3 if— an application for a protection order against the person has been prepared as required under section 118 (1) ; and it is not reasonably practicable, as mentioned in section 118 (2) , to bring the person before the court for the hearing of the application while the respondent is still in lawful custody; and the date for the hearing of the application for the protection order, as stated on the copy of the application prepared under section 118 (1) , is more than 5 business days after the day the person is to be released.\n- (a) an application for a protection order against the person has been prepared; and\n- (b) the police officer reasonably believes that the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and Examples of why an application may not be decided sufficiently quickly— • the remoteness of a court • the limited availability of a court • the whereabouts of the respondent is unknown\n- • the remoteness of a court\n- • the limited availability of a court\n- • the whereabouts of the respondent is unknown\n- (c) the police officer reasonably believes that a temporary protection order is necessary or desirable to protect the aggrieved from domestic violence.\n- • the remoteness of a court\n- • the limited availability of a court\n- • the whereabouts of the respondent is unknown\n- (a) an application for a protection order against the person has been prepared as required under section 118 (1) ; and\n- (b) it is not reasonably practicable, as mentioned in section 118 (2) , to bring the person before the court for the hearing of the application while the respondent is still in lawful custody; and\n- (c) the date for the hearing of the application for the protection order, as stated on the copy of the application prepared under section 118 (1) , is more than 5 business days after the day the person is to be released.","sortOrder":215},{"sectionNumber":"sec.130","sectionType":"section","heading":"Making of application","content":"### sec.130 Making of application\n\nAn application for a temporary protection order must be made to a magistrate.\nThe application may be made by way of telephone, fax, radio, email or other similar facility.\nThe police officer making the application must inform the magistrate of the particulars of the application for the protection order mentioned in section 129 (1) (a) or (2) (a) .\nThe magistrate is entitled to presume that—\nthe person making the application for the temporary protection order is a police officer; and\nan application for a protection order has been prepared, as required under section 129 (1) (a) or (2) (a) .\nThe magistrate must make a record in writing of the application.\ns 130 amd 2016 No. 51 s 38\n(sec.130-ssec.1) An application for a temporary protection order must be made to a magistrate.\n(sec.130-ssec.2) The application may be made by way of telephone, fax, radio, email or other similar facility.\n(sec.130-ssec.3) The police officer making the application must inform the magistrate of the particulars of the application for the protection order mentioned in section 129 (1) (a) or (2) (a) .\n(sec.130-ssec.4) The magistrate is entitled to presume that— the person making the application for the temporary protection order is a police officer; and an application for a protection order has been prepared, as required under section 129 (1) (a) or (2) (a) .\n(sec.130-ssec.5) The magistrate must make a record in writing of the application.\n- (a) the person making the application for the temporary protection order is a police officer; and\n- (b) an application for a protection order has been prepared, as required under section 129 (1) (a) or (2) (a) .","sortOrder":216},{"sectionNumber":"sec.131","sectionType":"section","heading":"When magistrate may make temporary protection order","content":"### sec.131 When magistrate may make temporary protection order\n\nA magistrate to whom an application for a temporary protection order is made may make the order only if the magistrate is satisfied that—\nthe order may be made under part 3 , division 2 ; and\nfor an application mentioned in section 129 (1) —the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and\nfor an application mentioned in section 129 (2) —the date for the hearing of the application for the protection order is more than 5 business days after the day the person is released.\nIf the magistrate makes the temporary protection order, the magistrate must—\nmake a record in writing of the terms of the order and the grounds that caused the magistrate to be satisfied of the matters mentioned in subsection (1) ; and\ninform the applicant, by way of telephone, fax, radio, email or other similar facility, of the terms of the order; and\nas soon as practicable, give the written record of the application and the terms of the order to the clerk of the Magistrates Court that will hear the application for the protection order that relates to the temporary protection order.\nIf the magistrate refuses to make the temporary protection order, the magistrate must—\nmake a record in writing of the reasons for the refusal; and\ninform the applicant, by way of telephone, fax, radio, email or other similar facility, of the refusal; and\nas soon as is practicable, give the written record of the application and the written reasons for the refusal to the clerk of the Magistrates Court that will hear the application for the protection order.\n(sec.131-ssec.1) A magistrate to whom an application for a temporary protection order is made may make the order only if the magistrate is satisfied that— the order may be made under part 3 , division 2 ; and for an application mentioned in section 129 (1) —the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and for an application mentioned in section 129 (2) —the date for the hearing of the application for the protection order is more than 5 business days after the day the person is released.\n(sec.131-ssec.2) If the magistrate makes the temporary protection order, the magistrate must— make a record in writing of the terms of the order and the grounds that caused the magistrate to be satisfied of the matters mentioned in subsection (1) ; and inform the applicant, by way of telephone, fax, radio, email or other similar facility, of the terms of the order; and as soon as practicable, give the written record of the application and the terms of the order to the clerk of the Magistrates Court that will hear the application for the protection order that relates to the temporary protection order.\n(sec.131-ssec.3) If the magistrate refuses to make the temporary protection order, the magistrate must— make a record in writing of the reasons for the refusal; and inform the applicant, by way of telephone, fax, radio, email or other similar facility, of the refusal; and as soon as is practicable, give the written record of the application and the written reasons for the refusal to the clerk of the Magistrates Court that will hear the application for the protection order.\n- (a) the order may be made under part 3 , division 2 ; and\n- (b) for an application mentioned in section 129 (1) —the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and\n- (c) for an application mentioned in section 129 (2) —the date for the hearing of the application for the protection order is more than 5 business days after the day the person is released.\n- (a) make a record in writing of the terms of the order and the grounds that caused the magistrate to be satisfied of the matters mentioned in subsection (1) ; and\n- (b) inform the applicant, by way of telephone, fax, radio, email or other similar facility, of the terms of the order; and\n- (c) as soon as practicable, give the written record of the application and the terms of the order to the clerk of the Magistrates Court that will hear the application for the protection order that relates to the temporary protection order.\n- (a) make a record in writing of the reasons for the refusal; and\n- (b) inform the applicant, by way of telephone, fax, radio, email or other similar facility, of the refusal; and\n- (c) as soon as is practicable, give the written record of the application and the written reasons for the refusal to the clerk of the Magistrates Court that will hear the application for the protection order.","sortOrder":217},{"sectionNumber":"sec.132","sectionType":"section","heading":"Form of temporary protection order","content":"### sec.132 Form of temporary protection order\n\nA police officer who obtains a temporary protection order under section 131 must—\nprepare a copy of the order in the approved form; and\nfile the copy in the court.\nSection 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.\nThe copy must state the following—\nthe name of the magistrate who made the order;\nthe date and time the order was made;\nthe date, time and place at which the matter is to come before a court for a hearing of the application for the protection order.\nThe date mentioned in subsection (2) (c) must be—\nwithin 28 days after the day the temporary protection order is made; or\nif no suitable hearing day is available within 28 days after the day the temporary protection order is made—the first suitable hearing day available.\nThe clerk of the court in which the copy of the order is filed must give the copy to the magistrate who made the order.\nThe magistrate must review the copy of the order and, if satisfied that the copy is accurate, sign the order.\ns 132 amd 2016 No. 51 s 73 sch 1\n(sec.132-ssec.1) A police officer who obtains a temporary protection order under section 131 must— prepare a copy of the order in the approved form; and file the copy in the court. Section 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.\n(sec.132-ssec.2) The copy must state the following— the name of the magistrate who made the order; the date and time the order was made; the date, time and place at which the matter is to come before a court for a hearing of the application for the protection order.\n(sec.132-ssec.3) The date mentioned in subsection (2) (c) must be— within 28 days after the day the temporary protection order is made; or if no suitable hearing day is available within 28 days after the day the temporary protection order is made—the first suitable hearing day available.\n(sec.132-ssec.4) The clerk of the court in which the copy of the order is filed must give the copy to the magistrate who made the order.\n(sec.132-ssec.5) The magistrate must review the copy of the order and, if satisfied that the copy is accurate, sign the order.\n- (a) prepare a copy of the order in the approved form; and\n- (b) file the copy in the court.\n- (a) the name of the magistrate who made the order;\n- (b) the date and time the order was made;\n- (c) the date, time and place at which the matter is to come before a court for a hearing of the application for the protection order.\n- (a) within 28 days after the day the temporary protection order is made; or\n- (b) if no suitable hearing day is available within 28 days after the day the temporary protection order is made—the first suitable hearing day available.","sortOrder":218},{"sectionNumber":"sec.133","sectionType":"section","heading":"Service","content":"### sec.133 Service\n\nA police officer must—\npersonally serve the copy of the temporary protection order prepared under section 132 (1) (a) on the respondent, together with a copy of the application for the protection order; and\nSee section 34 (Service of application) for the obligation to serve on the respondent a copy of the application for the protection order.\ngive a copy of the order to the aggrieved, together with a copy of the application for the protection order.\nSee section 35 (Copy of application must be given to aggrieved) for the obligation to give to the aggrieved the copy of the application for the protection order.\nHowever, a police officer need not serve on the respondent, or give to the aggrieved, a copy of the application for the protection order if the police officer reasonably believes that a copy of the application has already been served or given.\n(sec.133-ssec.1) A police officer must— personally serve the copy of the temporary protection order prepared under section 132 (1) (a) on the respondent, together with a copy of the application for the protection order; and See section 34 (Service of application) for the obligation to serve on the respondent a copy of the application for the protection order. give a copy of the order to the aggrieved, together with a copy of the application for the protection order. See section 35 (Copy of application must be given to aggrieved) for the obligation to give to the aggrieved the copy of the application for the protection order.\n(sec.133-ssec.2) However, a police officer need not serve on the respondent, or give to the aggrieved, a copy of the application for the protection order if the police officer reasonably believes that a copy of the application has already been served or given.\n- (a) personally serve the copy of the temporary protection order prepared under section 132 (1) (a) on the respondent, together with a copy of the application for the protection order; and Note— See section 34 (Service of application) for the obligation to serve on the respondent a copy of the application for the protection order.\n- (b) give a copy of the order to the aggrieved, together with a copy of the application for the protection order. Note— See section 35 (Copy of application must be given to aggrieved) for the obligation to give to the aggrieved the copy of the application for the protection order.","sortOrder":219},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Power to direct person to remain, or move to and remain, at place","content":"## Power to direct person to remain, or move to and remain, at place","sortOrder":220},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application of division","content":"### sec.134 Application of division\n\nThis division applies if—\na police officer reasonably suspects a person is named as a respondent in—\nan application for a protection order that has not been served on the person; or\na domestic violence order that has not been served on the person; or\na police protection direction or police protection notice that has been issued but not served on the person; or\na police officer intends to issue a police protection direction or police protection notice against a person.\ns 134 sub 2016 No. 51 s 40\namd 2025 No. 18 s 20\n- (a) a police officer reasonably suspects a person is named as a respondent in— (i) an application for a protection order that has not been served on the person; or (ii) a domestic violence order that has not been served on the person; or (iii) a police protection direction or police protection notice that has been issued but not served on the person; or\n- (i) an application for a protection order that has not been served on the person; or\n- (ii) a domestic violence order that has not been served on the person; or\n- (iii) a police protection direction or police protection notice that has been issued but not served on the person; or\n- (b) a police officer intends to issue a police protection direction or police protection notice against a person.\n- (i) an application for a protection order that has not been served on the person; or\n- (ii) a domestic violence order that has not been served on the person; or\n- (iii) a police protection direction or police protection notice that has been issued but not served on the person; or","sortOrder":221},{"sectionNumber":"sec.134A","sectionType":"section","heading":"Power to give direction","content":"### sec.134A Power to give direction\n\nThe police officer may give the person a direction under subsection (2) , (4) or (6) (b) to enable the police officer to—\nif the police officer has a copy of the application—serve the person with the application; or\nif the police officer has a copy of the order—serve the person with the order; or\nif the police officer does not have a copy of the order—arrange for the person to be told about the existence of the order and the conditions imposed by the order; or\nif the police officer has a copy of the issued police protection direction or police protection notice—serve the person with the direction or notice and explain the direction or notice to the person; or\nif the police officer does not have a copy of the issued police protection direction or police protection notice—arrange for the person to be told about the existence of the direction or notice and the conditions imposed by the direction or notice; or\nif the police officer intends to issue a police protection direction or police protection notice to the person—issue the direction or notice against the person, serve the person with the direction or notice and explain the direction or notice to the person.\nThe police officer may direct the person to remain at an appropriate place in the person’s current location.\nSubsection (4) applies if, in the police officer’s opinion, it is contrary to the interests of the person or another person for the person to remain at the person’s current location while the police officer does a thing mentioned in subsection (1) .\nThe police officer may direct the person to move to another stated location and remain at an appropriate place at the other location.\na police station or police beat\na courthouse\nthe premises of a community organisation that provides support services to respondents\nSubsection (6) applies if the police officer gives a direction under subsection (4) and the person is to be transported by a police officer to the other location.\nBefore the person is transported to the other location, the police officer may—\nsearch the person for anything in the person’s possession that may be used to cause harm to the person or another person; and\nSee the Police Powers and Responsibilities Act 2000 , chapter 20 , part 3 for safeguards that apply to a search under this paragraph.\nif, during the search, the police officer finds a thing mentioned in paragraph (a) —direct the person to leave the thing at the person’s current location before being transported to the other location; and\nif, during the search, the police officer finds a thing the officer reasonably suspects is evidence of the commission of an offence—seize the thing.\nA thing seized under subsection (6) (c) is, for the Police Powers and Responsibilities Act 2000 , section 622 , taken to have been seized under that Act.\nSee also the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 .\nIn giving a direction under subsection (2) , (4) or (6) (b) , the police officer must tell the person the following—\nwhy the person is being given the direction;\nif the direction includes a direction to move to another location—\nwhere the other location is; and\nhow the person is to move to the other location, including that a police officer will remain in the presence of the person; and\nthat the person may be searched before moving to the other location; and\nthat the person may be directed to leave, at the person’s current location, anything found in the search that may be used to cause harm to the person or another person; and\nthat anything found in the search may be seized if the officer reasonably suspects the thing may be evidence of the commission of an offence;\nthe place, at the person’s current location or the other location, where the person is to remain;\nhow long the person may be required to remain at the place;\nthat the person is not under arrest or in custody while complying with the direction.\nThe police officer giving the direction must also make reasonable efforts to tell the aggrieved the matters mentioned in subsection (8) .\nFailure to comply with subsection (9) does not invalidate or otherwise affect the direction.\ns 134A ins 2016 No. 51 s 40\namd 2020 No. 7 s 16 ; 2025 No. 18 s 21\n(sec.134A-ssec.1) The police officer may give the person a direction under subsection (2) , (4) or (6) (b) to enable the police officer to— if the police officer has a copy of the application—serve the person with the application; or if the police officer has a copy of the order—serve the person with the order; or if the police officer does not have a copy of the order—arrange for the person to be told about the existence of the order and the conditions imposed by the order; or if the police officer has a copy of the issued police protection direction or police protection notice—serve the person with the direction or notice and explain the direction or notice to the person; or if the police officer does not have a copy of the issued police protection direction or police protection notice—arrange for the person to be told about the existence of the direction or notice and the conditions imposed by the direction or notice; or if the police officer intends to issue a police protection direction or police protection notice to the person—issue the direction or notice against the person, serve the person with the direction or notice and explain the direction or notice to the person.\n(sec.134A-ssec.2) The police officer may direct the person to remain at an appropriate place in the person’s current location.\n(sec.134A-ssec.3) Subsection (4) applies if, in the police officer’s opinion, it is contrary to the interests of the person or another person for the person to remain at the person’s current location while the police officer does a thing mentioned in subsection (1) .\n(sec.134A-ssec.4) The police officer may direct the person to move to another stated location and remain at an appropriate place at the other location. a police station or police beat a courthouse the premises of a community organisation that provides support services to respondents\n(sec.134A-ssec.5) Subsection (6) applies if the police officer gives a direction under subsection (4) and the person is to be transported by a police officer to the other location.\n(sec.134A-ssec.6) Before the person is transported to the other location, the police officer may— search the person for anything in the person’s possession that may be used to cause harm to the person or another person; and See the Police Powers and Responsibilities Act 2000 , chapter 20 , part 3 for safeguards that apply to a search under this paragraph. if, during the search, the police officer finds a thing mentioned in paragraph (a) —direct the person to leave the thing at the person’s current location before being transported to the other location; and if, during the search, the police officer finds a thing the officer reasonably suspects is evidence of the commission of an offence—seize the thing.\n(sec.134A-ssec.7) A thing seized under subsection (6) (c) is, for the Police Powers and Responsibilities Act 2000 , section 622 , taken to have been seized under that Act. See also the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 .\n(sec.134A-ssec.8) In giving a direction under subsection (2) , (4) or (6) (b) , the police officer must tell the person the following— why the person is being given the direction; if the direction includes a direction to move to another location— where the other location is; and how the person is to move to the other location, including that a police officer will remain in the presence of the person; and that the person may be searched before moving to the other location; and that the person may be directed to leave, at the person’s current location, anything found in the search that may be used to cause harm to the person or another person; and that anything found in the search may be seized if the officer reasonably suspects the thing may be evidence of the commission of an offence; the place, at the person’s current location or the other location, where the person is to remain; how long the person may be required to remain at the place; that the person is not under arrest or in custody while complying with the direction.\n(sec.134A-ssec.9) The police officer giving the direction must also make reasonable efforts to tell the aggrieved the matters mentioned in subsection (8) .\n(sec.134A-ssec.10) Failure to comply with subsection (9) does not invalidate or otherwise affect the direction.\n- (a) if the police officer has a copy of the application—serve the person with the application; or\n- (b) if the police officer has a copy of the order—serve the person with the order; or\n- (c) if the police officer does not have a copy of the order—arrange for the person to be told about the existence of the order and the conditions imposed by the order; or\n- (d) if the police officer has a copy of the issued police protection direction or police protection notice—serve the person with the direction or notice and explain the direction or notice to the person; or\n- (e) if the police officer does not have a copy of the issued police protection direction or police protection notice—arrange for the person to be told about the existence of the direction or notice and the conditions imposed by the direction or notice; or\n- (f) if the police officer intends to issue a police protection direction or police protection notice to the person—issue the direction or notice against the person, serve the person with the direction or notice and explain the direction or notice to the person.\n- • a police station or police beat\n- • a courthouse\n- • the premises of a community organisation that provides support services to respondents\n- (a) search the person for anything in the person’s possession that may be used to cause harm to the person or another person; and Note— See the Police Powers and Responsibilities Act 2000 , chapter 20 , part 3 for safeguards that apply to a search under this paragraph.\n- (b) if, during the search, the police officer finds a thing mentioned in paragraph (a) —direct the person to leave the thing at the person’s current location before being transported to the other location; and\n- (c) if, during the search, the police officer finds a thing the officer reasonably suspects is evidence of the commission of an offence—seize the thing.\n- (a) why the person is being given the direction;\n- (b) if the direction includes a direction to move to another location— (i) where the other location is; and (ii) how the person is to move to the other location, including that a police officer will remain in the presence of the person; and (iii) that the person may be searched before moving to the other location; and (iv) that the person may be directed to leave, at the person’s current location, anything found in the search that may be used to cause harm to the person or another person; and (v) that anything found in the search may be seized if the officer reasonably suspects the thing may be evidence of the commission of an offence;\n- (i) where the other location is; and\n- (ii) how the person is to move to the other location, including that a police officer will remain in the presence of the person; and\n- (iii) that the person may be searched before moving to the other location; and\n- (iv) that the person may be directed to leave, at the person’s current location, anything found in the search that may be used to cause harm to the person or another person; and\n- (v) that anything found in the search may be seized if the officer reasonably suspects the thing may be evidence of the commission of an offence;\n- (c) the place, at the person’s current location or the other location, where the person is to remain;\n- (d) how long the person may be required to remain at the place;\n- (e) that the person is not under arrest or in custody while complying with the direction.\n- (i) where the other location is; and\n- (ii) how the person is to move to the other location, including that a police officer will remain in the presence of the person; and\n- (iii) that the person may be searched before moving to the other location; and\n- (iv) that the person may be directed to leave, at the person’s current location, anything found in the search that may be used to cause harm to the person or another person; and\n- (v) that anything found in the search may be seized if the officer reasonably suspects the thing may be evidence of the commission of an offence;","sortOrder":222},{"sectionNumber":"sec.134B","sectionType":"section","heading":"Limits on direction","content":"### sec.134B Limits on direction\n\nThe time for which the person may be directed to remain at the appropriate place is—\n1 hour; or\na longer time, not more than 2 hours, that is reasonably necessary having regard to the particular circumstances.\nThe location to which the person may be directed to move must be within a reasonable distance of the person’s current location, having regard to the particular circumstances.\ns 134B ins 2016 No. 51 s 40\n(sec.134B-ssec.1) The time for which the person may be directed to remain at the appropriate place is— 1 hour; or a longer time, not more than 2 hours, that is reasonably necessary having regard to the particular circumstances.\n(sec.134B-ssec.2) The location to which the person may be directed to move must be within a reasonable distance of the person’s current location, having regard to the particular circumstances.\n- (a) 1 hour; or\n- (b) a longer time, not more than 2 hours, that is reasonably necessary having regard to the particular circumstances.","sortOrder":223},{"sectionNumber":"sec.134C","sectionType":"section","heading":"Offence warning","content":"### sec.134C Offence warning\n\nThe police officer giving the direction must warn the person—\nit is an offence not to comply with the direction unless the person has a reasonable excuse; and\nthe person may be arrested for the offence.\nThe police officer must give the person a reasonable opportunity to comply with the direction.\nIf the person fails to comply with the direction, a police officer must, if practicable—\nrepeat the warning mentioned in subsection (1) ; and\ngive the person a further reasonable opportunity to comply with the direction.\ns 134C ins 2016 No. 51 s 40\n(sec.134C-ssec.1) The police officer giving the direction must warn the person— it is an offence not to comply with the direction unless the person has a reasonable excuse; and the person may be arrested for the offence.\n(sec.134C-ssec.2) The police officer must give the person a reasonable opportunity to comply with the direction.\n(sec.134C-ssec.3) If the person fails to comply with the direction, a police officer must, if practicable— repeat the warning mentioned in subsection (1) ; and give the person a further reasonable opportunity to comply with the direction.\n- (a) it is an offence not to comply with the direction unless the person has a reasonable excuse; and\n- (b) the person may be arrested for the offence.\n- (a) repeat the warning mentioned in subsection (1) ; and\n- (b) give the person a further reasonable opportunity to comply with the direction.","sortOrder":224},{"sectionNumber":"sec.134D","sectionType":"section","heading":"Person not to be questioned about offence","content":"### sec.134D Person not to be questioned about offence\n\nA police officer must not question the person about the person’s involvement in the commission of an offence or suspected offence while the person, under the direction—\nmoves to another location; or\nremains at a place.\ns 134D ins 2016 No. 51 s 40\n- (a) moves to another location; or\n- (b) remains at a place.","sortOrder":225},{"sectionNumber":"sec.134E","sectionType":"section","heading":"Responsibilities of police officer in relation to direction","content":"### sec.134E Responsibilities of police officer in relation to direction\n\nThe police officer giving the direction must do a thing mentioned in section 134A (1) (a) to (f) without unreasonable delay after giving the direction.\nWithout limiting section 134A (1) (c) or (e) , the police officer may arrange for the person to be told about the existence of the order, police protection direction or police protection notice, and the conditions imposed by the order, direction or notice, by—\narranging for a copy of the order, direction or notice to be sent electronically to the police officer so the police officer can read the conditions of the order, direction or notice to the person; or\narranging for another police officer to read the conditions of the order, direction or notice to the person over a radio, telephone or other communication device.\nA police officer must remain in the presence of the person while the person, under the direction—\nmoves to another location; or\nremains at a place.\ns 134E ins 2016 No. 51 s 40\namd 2025 No. 18 s 22\n(sec.134E-ssec.1) The police officer giving the direction must do a thing mentioned in section 134A (1) (a) to (f) without unreasonable delay after giving the direction.\n(sec.134E-ssec.2) Without limiting section 134A (1) (c) or (e) , the police officer may arrange for the person to be told about the existence of the order, police protection direction or police protection notice, and the conditions imposed by the order, direction or notice, by— arranging for a copy of the order, direction or notice to be sent electronically to the police officer so the police officer can read the conditions of the order, direction or notice to the person; or arranging for another police officer to read the conditions of the order, direction or notice to the person over a radio, telephone or other communication device.\n(sec.134E-ssec.3) A police officer must remain in the presence of the person while the person, under the direction— moves to another location; or remains at a place.\n- (a) arranging for a copy of the order, direction or notice to be sent electronically to the police officer so the police officer can read the conditions of the order, direction or notice to the person; or\n- (b) arranging for another police officer to read the conditions of the order, direction or notice to the person over a radio, telephone or other communication device.\n- (a) moves to another location; or\n- (b) remains at a place.","sortOrder":226},{"sectionNumber":"sec.134F","sectionType":"section","heading":"Offence to contravene direction","content":"### sec.134F Offence to contravene direction\n\nThe person must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person is not proved to be named as a respondent in an application for a protection order, or a domestic violence order, police protection direction or police protection notice, that has not been served on the person; or\nthe warning mentioned in section 134C (1) is not proved to have been given to the person.\ns 134F ins 2016 No. 51 s 40\namd 2025 No. 18 s 23\n(sec.134F-ssec.1) The person must comply with the direction unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.134F-ssec.2) A person does not commit an offence against subsection (1) if— the person is not proved to be named as a respondent in an application for a protection order, or a domestic violence order, police protection direction or police protection notice, that has not been served on the person; or the warning mentioned in section 134C (1) is not proved to have been given to the person.\n- (a) the person is not proved to be named as a respondent in an application for a protection order, or a domestic violence order, police protection direction or police protection notice, that has not been served on the person; or\n- (b) the warning mentioned in section 134C (1) is not proved to have been given to the person.","sortOrder":227},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Acting in aid of police powers","content":"## Acting in aid of police powers","sortOrder":228},{"sectionNumber":"sec.135","sectionType":"section","heading":"Acting in aid of police powers","content":"### sec.135 Acting in aid of police powers\n\nIf this Act confers authority on a police officer, the authority is taken to be conferred to the same extent on every other police officer who at the material time is acting in aid of that officer.","sortOrder":229},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Diversion orders scheme","content":"# Diversion orders scheme","sortOrder":230},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":231},{"sectionNumber":"sec.135A","sectionType":"section","heading":"Definitions for part","content":"### sec.135A Definitions for part\n\nIn this part—\nalleged offence see section 135C (1) (a) and (3) .\napproved diversion program means a program approved by the chief executive under section 135T (2) .\ncounselling means counselling, by an approved provider, of a kind that may be beneficial in helping a defendant to overcome harmful behaviour related to domestic violence.\ndiversion order see section 135B (1) .\neligibility criteria means the criteria for participation in the scheme set out in section 135C .\nnotice of completion see section 135S (1) .\nscheme means the diversion orders scheme under section 135B .\nsuitability assessment report means a report that complies with section 135G (1) .\nIn this part, a reference to domestic violence includes a reference to associated domestic violence.\ns 135A ins 2024 No. 5 s 40\n(sec.135A-ssec.1) In this part— alleged offence see section 135C (1) (a) and (3) . approved diversion program means a program approved by the chief executive under section 135T (2) . counselling means counselling, by an approved provider, of a kind that may be beneficial in helping a defendant to overcome harmful behaviour related to domestic violence. diversion order see section 135B (1) . eligibility criteria means the criteria for participation in the scheme set out in section 135C . notice of completion see section 135S (1) . scheme means the diversion orders scheme under section 135B . suitability assessment report means a report that complies with section 135G (1) .\n(sec.135A-ssec.2) In this part, a reference to domestic violence includes a reference to associated domestic violence.","sortOrder":232},{"sectionNumber":"sec.135B","sectionType":"section","heading":"Diversion orders scheme","content":"### sec.135B Diversion orders scheme\n\nThis part provides for a scheme for the making of an order (a diversion order ) in relation to a defendant who is an adult appearing before a Magistrates Court charged with an offence of contravening a domestic violence order, police protection direction or police protection notice.\nUnder the scheme, the purpose of making a diversion order is to—\nintervene at an early stage in the proceeding for the offence to direct the defendant to attend an approved diversion program, or counselling with an approved provider, to address the defendant’s behaviour and to promote ongoing behavioural change in the defendant; and\nhold the defendant accountable for the acts of domestic violence for which the defendant has accepted responsibility; and\nfacilitate the rehabilitation of the defendant to eliminate domestic violence from the defendant’s behaviour and the community generally; and\nreduce the risk of harm to, and increase the safety of, victims of domestic violence.\nThe scheme applies only if there is an approved provider who can provide an approved diversion program or counselling for the defendant under the scheme.\ns 135B ins 2024 No. 5 s 40\namd 2025 No. 18 s 24\n(sec.135B-ssec.1) This part provides for a scheme for the making of an order (a diversion order ) in relation to a defendant who is an adult appearing before a Magistrates Court charged with an offence of contravening a domestic violence order, police protection direction or police protection notice.\n(sec.135B-ssec.2) Under the scheme, the purpose of making a diversion order is to— intervene at an early stage in the proceeding for the offence to direct the defendant to attend an approved diversion program, or counselling with an approved provider, to address the defendant’s behaviour and to promote ongoing behavioural change in the defendant; and hold the defendant accountable for the acts of domestic violence for which the defendant has accepted responsibility; and facilitate the rehabilitation of the defendant to eliminate domestic violence from the defendant’s behaviour and the community generally; and reduce the risk of harm to, and increase the safety of, victims of domestic violence.\n(sec.135B-ssec.3) The scheme applies only if there is an approved provider who can provide an approved diversion program or counselling for the defendant under the scheme.\n- (a) intervene at an early stage in the proceeding for the offence to direct the defendant to attend an approved diversion program, or counselling with an approved provider, to address the defendant’s behaviour and to promote ongoing behavioural change in the defendant; and\n- (b) hold the defendant accountable for the acts of domestic violence for which the defendant has accepted responsibility; and\n- (c) facilitate the rehabilitation of the defendant to eliminate domestic violence from the defendant’s behaviour and the community generally; and\n- (d) reduce the risk of harm to, and increase the safety of, victims of domestic violence.","sortOrder":233},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":"Eligibility","content":"## Eligibility","sortOrder":234},{"sectionNumber":"sec.135C","sectionType":"section","heading":"Eligibility criteria for participation in scheme","content":"### sec.135C Eligibility criteria for participation in scheme\n\nA defendant who is an adult is eligible for participation in the scheme if the court is satisfied that—\nthe defendant has been charged with an offence of contravening a domestic violence order, police protection direction or police protection notice (the alleged offence ); and\nthe alleged offence is the only offence of contravening the domestic violence order, police protection direction or police protection notice that the defendant has been charged with; and\nthe facts constituting the alleged offence are not otherwise charged as an indictable offence; and\nthe defendant has accepted responsibility for the alleged facts constituting the alleged offence detailed in the prosecution’s written summary; and\nthe defendant has been granted bail in relation to the alleged offence; and\nanother domestic violence order or police protection notice has not previously been made or issued against the defendant; and\nthe defendant has not previously been convicted of any of the following offences committed when the defendant was an adult—\nan offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or\nany other offence involving domestic violence; and\nthe defendant has not previously been referred to participate in an approved diversion program or counselling with an approved provider under the scheme; and\nthe defendant indicates a willingness to participate in an approved diversion program or counselling with an approved provider under the scheme, including a willingness to be assessed for suitability to participate in the scheme under section 135F .\nHowever, despite subsection (1) (b) , the court may decide that the defendant meets the eligibility criteria if—\nthe defendant has been charged with the alleged offence and 1 or more other offences of contravening the domestic violence order, police protection direction or police protection notice; and\nthe charges are for offences of the same character, or offences committed in the prosecution of a single purpose, and there is a strong factual and temporal connection between or among the offences; and\nThe defendant is charged with 2 offences of contravening a domestic violence order. Each contravention is the sending of an SMS message and the messages were sent separately on the same day.\nthe defendant has accepted responsibility for the alleged facts constituting the other offence or offences detailed in the prosecution’s written summary; and\nthe defendant is appearing before the court in relation to all the charges mentioned in subsection (2) (a) ; and\nthe defendant has been granted bail in relation to the other offence or offences.\nIf subsection (2) (a) to (e) applies, a reference to the alleged offence in another provision of this part includes a reference to the other offence or offences.\nDespite subsection (1) , the court may decide that the defendant is not eligible for the scheme, having regard to—\nthe seriousness of the conduct constituting the alleged offence or other offence or offences; and\nthe defendant’s criminal history and domestic violence history.\nIf the defendant does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of the fact.\ns 135C ins 2024 No. 5 s 40\namd 2025 No. 18 s 25\n(sec.135C-ssec.1) A defendant who is an adult is eligible for participation in the scheme if the court is satisfied that— the defendant has been charged with an offence of contravening a domestic violence order, police protection direction or police protection notice (the alleged offence ); and the alleged offence is the only offence of contravening the domestic violence order, police protection direction or police protection notice that the defendant has been charged with; and the facts constituting the alleged offence are not otherwise charged as an indictable offence; and the defendant has accepted responsibility for the alleged facts constituting the alleged offence detailed in the prosecution’s written summary; and the defendant has been granted bail in relation to the alleged offence; and another domestic violence order or police protection notice has not previously been made or issued against the defendant; and the defendant has not previously been convicted of any of the following offences committed when the defendant was an adult— an offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or any other offence involving domestic violence; and the defendant has not previously been referred to participate in an approved diversion program or counselling with an approved provider under the scheme; and the defendant indicates a willingness to participate in an approved diversion program or counselling with an approved provider under the scheme, including a willingness to be assessed for suitability to participate in the scheme under section 135F .\n(sec.135C-ssec.2) However, despite subsection (1) (b) , the court may decide that the defendant meets the eligibility criteria if— the defendant has been charged with the alleged offence and 1 or more other offences of contravening the domestic violence order, police protection direction or police protection notice; and the charges are for offences of the same character, or offences committed in the prosecution of a single purpose, and there is a strong factual and temporal connection between or among the offences; and The defendant is charged with 2 offences of contravening a domestic violence order. Each contravention is the sending of an SMS message and the messages were sent separately on the same day. the defendant has accepted responsibility for the alleged facts constituting the other offence or offences detailed in the prosecution’s written summary; and the defendant is appearing before the court in relation to all the charges mentioned in subsection (2) (a) ; and the defendant has been granted bail in relation to the other offence or offences.\n(sec.135C-ssec.3) If subsection (2) (a) to (e) applies, a reference to the alleged offence in another provision of this part includes a reference to the other offence or offences.\n(sec.135C-ssec.4) Despite subsection (1) , the court may decide that the defendant is not eligible for the scheme, having regard to— the seriousness of the conduct constituting the alleged offence or other offence or offences; and the defendant’s criminal history and domestic violence history.\n(sec.135C-ssec.5) If the defendant does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of the fact.\n- (a) the defendant has been charged with an offence of contravening a domestic violence order, police protection direction or police protection notice (the alleged offence ); and\n- (b) the alleged offence is the only offence of contravening the domestic violence order, police protection direction or police protection notice that the defendant has been charged with; and\n- (c) the facts constituting the alleged offence are not otherwise charged as an indictable offence; and\n- (d) the defendant has accepted responsibility for the alleged facts constituting the alleged offence detailed in the prosecution’s written summary; and\n- (e) the defendant has been granted bail in relation to the alleged offence; and\n- (f) another domestic violence order or police protection notice has not previously been made or issued against the defendant; and\n- (g) the defendant has not previously been convicted of any of the following offences committed when the defendant was an adult— (i) an offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or (ii) any other offence involving domestic violence; and\n- (i) an offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or\n- (ii) any other offence involving domestic violence; and\n- (h) the defendant has not previously been referred to participate in an approved diversion program or counselling with an approved provider under the scheme; and\n- (i) the defendant indicates a willingness to participate in an approved diversion program or counselling with an approved provider under the scheme, including a willingness to be assessed for suitability to participate in the scheme under section 135F .\n- (i) an offence of contravening a domestic violence order, police protection direction, police protection notice or release conditions; or\n- (ii) any other offence involving domestic violence; and\n- (a) the defendant has been charged with the alleged offence and 1 or more other offences of contravening the domestic violence order, police protection direction or police protection notice; and\n- (b) the charges are for offences of the same character, or offences committed in the prosecution of a single purpose, and there is a strong factual and temporal connection between or among the offences; and Example— The defendant is charged with 2 offences of contravening a domestic violence order. Each contravention is the sending of an SMS message and the messages were sent separately on the same day.\n- (c) the defendant has accepted responsibility for the alleged facts constituting the other offence or offences detailed in the prosecution’s written summary; and\n- (d) the defendant is appearing before the court in relation to all the charges mentioned in subsection (2) (a) ; and\n- (e) the defendant has been granted bail in relation to the other offence or offences.\n- (a) the seriousness of the conduct constituting the alleged offence or other offence or offences; and\n- (b) the defendant’s criminal history and domestic violence history.","sortOrder":235},{"sectionNumber":"sec.135D","sectionType":"section","heading":"Evidence relating to requirement to accept responsibility relating to alleged offence","content":"### sec.135D Evidence relating to requirement to accept responsibility relating to alleged offence\n\nThe defendant is not required to plead guilty to the alleged offence to be eligible for the scheme.\nThe defendant’s acceptance of responsibility under section 135C (1) (d) or (2) (c) —\nis not taken to be a plea to the charge for the offence entered by the defendant; and\nis not admissible in evidence against the defendant in any criminal proceeding.\nA police officer who receives information derived from the defendant’s acceptance of responsibility under section 135C (1) (d) or (2) (c) must not use the information for a proceeding for an offence.\nSubsection (3) applies despite section 169L (3) .\ns 135D ins 2024 No. 5 s 40\n(sec.135D-ssec.1) The defendant is not required to plead guilty to the alleged offence to be eligible for the scheme.\n(sec.135D-ssec.2) The defendant’s acceptance of responsibility under section 135C (1) (d) or (2) (c) — is not taken to be a plea to the charge for the offence entered by the defendant; and is not admissible in evidence against the defendant in any criminal proceeding.\n(sec.135D-ssec.3) A police officer who receives information derived from the defendant’s acceptance of responsibility under section 135C (1) (d) or (2) (c) must not use the information for a proceeding for an offence.\n(sec.135D-ssec.4) Subsection (3) applies despite section 169L (3) .\n- (a) is not taken to be a plea to the charge for the offence entered by the defendant; and\n- (b) is not admissible in evidence against the defendant in any criminal proceeding.","sortOrder":236},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":"Suitability assessment reports","content":"## Suitability assessment reports","sortOrder":237},{"sectionNumber":"sec.135E","sectionType":"section","heading":"Adjournment for obtaining suitability assessment report","content":"### sec.135E Adjournment for obtaining suitability assessment report\n\nThis section applies if the court is satisfied the defendant meets the eligibility criteria and is considering making a diversion order in relation to the defendant.\nThe court must order the defendant to—\nreport to a stated approved provider at a stated place, and within a stated period, to allow the approved provider to assess the defendant’s suitability to participate in an approved diversion program or counselling; and\ncomply with every reasonable direction given to the defendant by an approved provider.\nThe stated period for subsection (2) (a) must be 14 days after the order is made, or a longer period allowed by the court.\nIf the court makes an order under subsection (2) —\nthe prosecution must give the court—\na written summary of the alleged facts constituting the alleged offence; and\na copy of the defendant’s criminal history; and\nthe clerk of the court must give the stated approved provider mentioned in subsection (2) a copy of—\nthe order; and\nthe summary of the alleged facts constituting the alleged offence; and\nthe defendant’s criminal history.\nIf the defendant fails to report to the approved provider as required under an order made under subsection (2) (a) , the approved provider must advise the registrar of the court within 2 business days after the failure to report.\ns 135E ins 2024 No. 5 s 40\n(sec.135E-ssec.1) This section applies if the court is satisfied the defendant meets the eligibility criteria and is considering making a diversion order in relation to the defendant.\n(sec.135E-ssec.2) The court must order the defendant to— report to a stated approved provider at a stated place, and within a stated period, to allow the approved provider to assess the defendant’s suitability to participate in an approved diversion program or counselling; and comply with every reasonable direction given to the defendant by an approved provider.\n(sec.135E-ssec.3) The stated period for subsection (2) (a) must be 14 days after the order is made, or a longer period allowed by the court.\n(sec.135E-ssec.4) If the court makes an order under subsection (2) — the prosecution must give the court— a written summary of the alleged facts constituting the alleged offence; and a copy of the defendant’s criminal history; and the clerk of the court must give the stated approved provider mentioned in subsection (2) a copy of— the order; and the summary of the alleged facts constituting the alleged offence; and the defendant’s criminal history.\n(sec.135E-ssec.5) If the defendant fails to report to the approved provider as required under an order made under subsection (2) (a) , the approved provider must advise the registrar of the court within 2 business days after the failure to report.\n- (a) report to a stated approved provider at a stated place, and within a stated period, to allow the approved provider to assess the defendant’s suitability to participate in an approved diversion program or counselling; and\n- (b) comply with every reasonable direction given to the defendant by an approved provider.\n- (a) the prosecution must give the court— (i) a written summary of the alleged facts constituting the alleged offence; and (ii) a copy of the defendant’s criminal history; and\n- (i) a written summary of the alleged facts constituting the alleged offence; and\n- (ii) a copy of the defendant’s criminal history; and\n- (b) the clerk of the court must give the stated approved provider mentioned in subsection (2) a copy of— (a) the order; and (b) the summary of the alleged facts constituting the alleged offence; and (c) the defendant’s criminal history.\n- (a) the order; and\n- (b) the summary of the alleged facts constituting the alleged offence; and\n- (c) the defendant’s criminal history.\n- (i) a written summary of the alleged facts constituting the alleged offence; and\n- (ii) a copy of the defendant’s criminal history; and\n- (a) the order; and\n- (b) the summary of the alleged facts constituting the alleged offence; and\n- (c) the defendant’s criminal history.","sortOrder":238},{"sectionNumber":"sec.135F","sectionType":"section","heading":"Assessment of suitability of defendant","content":"### sec.135F Assessment of suitability of defendant\n\nThe approved provider must assess the defendant’s suitability to participate in an approved diversion program or counselling with an approved provider taking into consideration the following—\nthe defendant’s character and personal history;\nthe defendant’s language skills;\nthe defendant’s cultural background, including whether the defendant identifies as an Aboriginal or Torres Strait Islander person;\nany disabilities, psychiatric or psychological conditions of the defendant;\nany alcohol or drug problems of the defendant;\nthe effect of the matters mentioned in paragraph (a) to (e) on the defendant’s ability to participate in an approved diversion program or counselling;\nwhether there is an approved diversion program or counselling that is available and suitable, including culturally appropriate, for the defendant;\nwhether and, if so, how the defendant’s participation in the scheme could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice or of someone else;\nany other relevant matters.\ns 135F ins 2024 No. 5 s 40\namd 2025 No. 18 s 83 sch 1\n- (a) the defendant’s character and personal history;\n- (b) the defendant’s language skills;\n- (c) the defendant’s cultural background, including whether the defendant identifies as an Aboriginal or Torres Strait Islander person;\n- (d) any disabilities, psychiatric or psychological conditions of the defendant;\n- (e) any alcohol or drug problems of the defendant;\n- (f) the effect of the matters mentioned in paragraph (a) to (e) on the defendant’s ability to participate in an approved diversion program or counselling;\n- (g) whether there is an approved diversion program or counselling that is available and suitable, including culturally appropriate, for the defendant;\n- (h) whether and, if so, how the defendant’s participation in the scheme could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice or of someone else;\n- (i) any other relevant matters.","sortOrder":239},{"sectionNumber":"sec.135G","sectionType":"section","heading":"Suitability assessment report","content":"### sec.135G Suitability assessment report\n\nThe approved provider must prepare a suitability assessment report about the defendant that states—\nwhether the defendant is suitable for participation in the scheme, having regard to the matters mentioned in section 135F (a) to (i) ; and\nif the defendant is suitable for participation in the scheme—\nthe day on which it is anticipated that the defendant will start attending the approved diversion program or counselling; and\nthe name of the approved provider who will provide the approved diversion program or counselling; and\nthe estimated period within which the defendant is likely to complete the approved diversion program or counselling.\nThe approved provider must give the suitability assessment report to the court within 14 days after completing the assessment, or a longer period allowed by the court.\nThe court must give a copy of the suitability assessment report to—\nthe prosecutor; and\nthe defendant.\ns 135G ins 2024 No. 5 s 40\n(sec.135G-ssec.1) The approved provider must prepare a suitability assessment report about the defendant that states— whether the defendant is suitable for participation in the scheme, having regard to the matters mentioned in section 135F (a) to (i) ; and if the defendant is suitable for participation in the scheme— the day on which it is anticipated that the defendant will start attending the approved diversion program or counselling; and the name of the approved provider who will provide the approved diversion program or counselling; and the estimated period within which the defendant is likely to complete the approved diversion program or counselling.\n(sec.135G-ssec.2) The approved provider must give the suitability assessment report to the court within 14 days after completing the assessment, or a longer period allowed by the court.\n(sec.135G-ssec.3) The court must give a copy of the suitability assessment report to— the prosecutor; and the defendant.\n- (a) whether the defendant is suitable for participation in the scheme, having regard to the matters mentioned in section 135F (a) to (i) ; and\n- (b) if the defendant is suitable for participation in the scheme— (i) the day on which it is anticipated that the defendant will start attending the approved diversion program or counselling; and (ii) the name of the approved provider who will provide the approved diversion program or counselling; and (iii) the estimated period within which the defendant is likely to complete the approved diversion program or counselling.\n- (i) the day on which it is anticipated that the defendant will start attending the approved diversion program or counselling; and\n- (ii) the name of the approved provider who will provide the approved diversion program or counselling; and\n- (iii) the estimated period within which the defendant is likely to complete the approved diversion program or counselling.\n- (i) the day on which it is anticipated that the defendant will start attending the approved diversion program or counselling; and\n- (ii) the name of the approved provider who will provide the approved diversion program or counselling; and\n- (iii) the estimated period within which the defendant is likely to complete the approved diversion program or counselling.\n- (a) the prosecutor; and\n- (b) the defendant.","sortOrder":240},{"sectionNumber":"sec.135H","sectionType":"section","heading":"Immunity from prosecution","content":"### sec.135H Immunity from prosecution\n\nA person is not liable to prosecution for an offence resulting from any admission made by the person for the purposes of preparing a suitability assessment report for the person.\nThe admission, and any evidence obtained because of the admission, is not admissible against the person in a prosecution for the offence.\nSubsections (1) and (2) do not prevent the person from being prosecuted for the offence if evidence of the offence, other than the admission made by the person or evidence obtained because of the admission, exists.\nA police officer who receives information derived from any admission made by the person for the purposes of preparing the suitability assessment report must not use the information for a proceeding for an offence.\nSubsection (4) applies despite section 169L (3) .\ns 135H ins 2024 No. 5 s 40\n(sec.135H-ssec.1) A person is not liable to prosecution for an offence resulting from any admission made by the person for the purposes of preparing a suitability assessment report for the person.\n(sec.135H-ssec.2) The admission, and any evidence obtained because of the admission, is not admissible against the person in a prosecution for the offence.\n(sec.135H-ssec.3) Subsections (1) and (2) do not prevent the person from being prosecuted for the offence if evidence of the offence, other than the admission made by the person or evidence obtained because of the admission, exists.\n(sec.135H-ssec.4) A police officer who receives information derived from any admission made by the person for the purposes of preparing the suitability assessment report must not use the information for a proceeding for an offence.\n(sec.135H-ssec.5) Subsection (4) applies despite section 169L (3) .","sortOrder":241},{"sectionNumber":"pt.4A-div.4","sectionType":"division","heading":"Making diversion orders","content":"## Making diversion orders","sortOrder":242},{"sectionNumber":"sec.135I","sectionType":"section","heading":"When court may make diversion order","content":"### sec.135I When court may make diversion order\n\nA court may make a diversion order in relation to a defendant if—\nthe court is satisfied the defendant still meets the eligibility criteria; and\nthe defendant consents to the making of the order; and\nthe court is satisfied that, immediately or within a reasonable period, the defendant will be able to start attending an approved diversion program, or have counselling with an approved provider, that is accessible and otherwise suitable for the defendant; and\nthe court is satisfied that, if the order were made, the defendant would not pose an unacceptable risk to the safety, protection or wellbeing of—\nthe aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; or\na person who is in a relevant relationship with the defendant; or\na person employed or engaged by an approved provider; and\nit is appropriate and desirable to make the order, having regard to the purpose of making a diversion order under the scheme.\nSee section 135B (2) .\nIn deciding for subsection (1) (e) whether it is appropriate or desirable to make a diversion order in relation to a defendant, the court must consider—\nthe principles mentioned in section 4 ; and\nthe suitability assessment report about the defendant; and\nany other relevant matter, including any expressed wishes of the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice.\nIf the complainant is not the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice, a reference to the aggrieved in subsection (2) (c) includes a reference to the complainant.\nThe court may make a diversion order requiring the defendant to attend counselling with an approved provider only if there is no appropriate approved diversion program that the defendant can attend.\nThe diversion order must state the period, of not more than 1 year, within which the defendant is required to complete the approved diversion program or counselling.\ns 135I ins 2024 No. 5 s 40\namd 2025 No. 18 s 83 sch 1\n(sec.135I-ssec.1) A court may make a diversion order in relation to a defendant if— the court is satisfied the defendant still meets the eligibility criteria; and the defendant consents to the making of the order; and the court is satisfied that, immediately or within a reasonable period, the defendant will be able to start attending an approved diversion program, or have counselling with an approved provider, that is accessible and otherwise suitable for the defendant; and the court is satisfied that, if the order were made, the defendant would not pose an unacceptable risk to the safety, protection or wellbeing of— the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; or a person who is in a relevant relationship with the defendant; or a person employed or engaged by an approved provider; and it is appropriate and desirable to make the order, having regard to the purpose of making a diversion order under the scheme. See section 135B (2) .\n(sec.135I-ssec.2) In deciding for subsection (1) (e) whether it is appropriate or desirable to make a diversion order in relation to a defendant, the court must consider— the principles mentioned in section 4 ; and the suitability assessment report about the defendant; and any other relevant matter, including any expressed wishes of the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice.\n(sec.135I-ssec.3) If the complainant is not the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice, a reference to the aggrieved in subsection (2) (c) includes a reference to the complainant.\n(sec.135I-ssec.4) The court may make a diversion order requiring the defendant to attend counselling with an approved provider only if there is no appropriate approved diversion program that the defendant can attend.\n(sec.135I-ssec.5) The diversion order must state the period, of not more than 1 year, within which the defendant is required to complete the approved diversion program or counselling.\n- (a) the court is satisfied the defendant still meets the eligibility criteria; and\n- (b) the defendant consents to the making of the order; and\n- (c) the court is satisfied that, immediately or within a reasonable period, the defendant will be able to start attending an approved diversion program, or have counselling with an approved provider, that is accessible and otherwise suitable for the defendant; and\n- (d) the court is satisfied that, if the order were made, the defendant would not pose an unacceptable risk to the safety, protection or wellbeing of— (i) the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; or (ii) a person who is in a relevant relationship with the defendant; or (iii) a person employed or engaged by an approved provider; and\n- (i) the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; or\n- (ii) a person who is in a relevant relationship with the defendant; or\n- (iii) a person employed or engaged by an approved provider; and\n- (e) it is appropriate and desirable to make the order, having regard to the purpose of making a diversion order under the scheme. Note— See section 135B (2) .\n- (i) the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; or\n- (ii) a person who is in a relevant relationship with the defendant; or\n- (iii) a person employed or engaged by an approved provider; and\n- (a) the principles mentioned in section 4 ; and\n- (b) the suitability assessment report about the defendant; and\n- (c) any other relevant matter, including any expressed wishes of the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice.","sortOrder":243},{"sectionNumber":"sec.135J","sectionType":"section","heading":"Adjournment of proceeding on making of diversion order","content":"### sec.135J Adjournment of proceeding on making of diversion order\n\nIf the court makes a diversion order, the court may adjourn the proceeding for the alleged offence for a period of not more than 1 year to allow the defendant to attend and complete the approved diversion program or counselling under the order.\ns 135J ins 2024 No. 5 s 40","sortOrder":244},{"sectionNumber":"sec.135K","sectionType":"section","heading":"Diversion order to be explained","content":"### sec.135K Diversion order to be explained\n\nBefore making a diversion order, to assist the defendant in making a decision about whether to consent to the making of the order, the court must explain, or cause to be explained, to the defendant—\nthe purpose and effect of the order; and\nthe consequences of contravening the order; and\nUnder sections 37 (2) (a) (ii) and 91 (3) (a) , a failure to comply with a diversion order is relevant to the making of a protection order and the variation of a domestic violence order.\nthe potential effect on the defendant’s right to privacy if the defendant participates in the scheme; and\npotential sharing of information that may otherwise be private\nprovision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report\nthat the order may be amended or revoked on the application of the defendant or a prosecutor or on the court’s own initiative.\nThe explanation must be made in language or in a way likely to be readily understood by the defendant.\nA failure to comply with subsection (1) or (2) does not invalidate or otherwise affect the diversion order.\ns 135K ins 2024 No. 5 s 40\n(sec.135K-ssec.1) Before making a diversion order, to assist the defendant in making a decision about whether to consent to the making of the order, the court must explain, or cause to be explained, to the defendant— the purpose and effect of the order; and the consequences of contravening the order; and Under sections 37 (2) (a) (ii) and 91 (3) (a) , a failure to comply with a diversion order is relevant to the making of a protection order and the variation of a domestic violence order. the potential effect on the defendant’s right to privacy if the defendant participates in the scheme; and potential sharing of information that may otherwise be private provision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report that the order may be amended or revoked on the application of the defendant or a prosecutor or on the court’s own initiative.\n(sec.135K-ssec.2) The explanation must be made in language or in a way likely to be readily understood by the defendant.\n(sec.135K-ssec.3) A failure to comply with subsection (1) or (2) does not invalidate or otherwise affect the diversion order.\n- (a) the purpose and effect of the order; and\n- (b) the consequences of contravening the order; and Note— Under sections 37 (2) (a) (ii) and 91 (3) (a) , a failure to comply with a diversion order is relevant to the making of a protection order and the variation of a domestic violence order.\n- (c) the potential effect on the defendant’s right to privacy if the defendant participates in the scheme; and Examples of effects on the defendant’s right to privacy— • potential sharing of information that may otherwise be private • provision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report\n- • potential sharing of information that may otherwise be private\n- • provision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report\n- (d) that the order may be amended or revoked on the application of the defendant or a prosecutor or on the court’s own initiative.\n- • potential sharing of information that may otherwise be private\n- • provision to an approved provider of the summary of the alleged facts constituting the alleged offence and the defendant’s criminal history for the purpose of preparing a suitability assessment report","sortOrder":245},{"sectionNumber":"pt.4A-div.5","sectionType":"division","heading":"Variation and revocation of diversion orders","content":"## Variation and revocation of diversion orders","sortOrder":246},{"sectionNumber":"sec.135L","sectionType":"section","heading":"Power of court to vary or revoke diversion order","content":"### sec.135L Power of court to vary or revoke diversion order\n\nThe court may, either on its own initiative or on an application by the prosecution or defendant (each the applicant ), vary or revoke the diversion order.\nBefore the court or applicant acts under subsection (1) , the court or applicant must advise the approved provider for the approved diversion program or counselling in which the defendant is participating of—\nthe court’s intention to vary or revoke the diversion order; or\nthe applicant’s intention to apply to the court under this section.\nThe court may—\ncontinue the diversion order; or\nvary the diversion order; or\nrevoke the diversion order.\nDespite section 135J , the court may vary the diversion order to extend the period within which the defendant is required to complete the approved diversion program or counselling.\nIf the court revokes the diversion order, the defendant must enter a plea to the charge of the alleged offence.\ns 135L ins 2024 No. 5 s 40\n(sec.135L-ssec.1) The court may, either on its own initiative or on an application by the prosecution or defendant (each the applicant ), vary or revoke the diversion order.\n(sec.135L-ssec.2) Before the court or applicant acts under subsection (1) , the court or applicant must advise the approved provider for the approved diversion program or counselling in which the defendant is participating of— the court’s intention to vary or revoke the diversion order; or the applicant’s intention to apply to the court under this section.\n(sec.135L-ssec.3) The court may— continue the diversion order; or vary the diversion order; or revoke the diversion order.\n(sec.135L-ssec.4) Despite section 135J , the court may vary the diversion order to extend the period within which the defendant is required to complete the approved diversion program or counselling.\n(sec.135L-ssec.5) If the court revokes the diversion order, the defendant must enter a plea to the charge of the alleged offence.\n- (a) the court’s intention to vary or revoke the diversion order; or\n- (b) the applicant’s intention to apply to the court under this section.\n- (a) continue the diversion order; or\n- (b) vary the diversion order; or\n- (c) revoke the diversion order.","sortOrder":247},{"sectionNumber":"sec.135M","sectionType":"section","heading":"Matters court must consider","content":"### sec.135M Matters court must consider\n\nWhen deciding whether to continue, vary or revoke the diversion order, the court must consider—\nthe defendant’s continued eligibility for the approved diversion program or counselling in which the defendant is participating, including but not limited to the following—\nwhether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice;\nwhether the defendant has been charged with, or convicted of, another domestic violence offence;\nwhether another domestic violence order or police protection notice has been made or issued against the defendant;\nthe defendant’s willingness to continue to participate in the approved diversion program or counselling; and\nany information about the defendant the approved provider for the program or counselling in which the defendant is participating gives the court; and\nany material change to the defendant’s circumstances since the diversion order was made; and\nany risk to the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice or of someone else, including any statements provided by the aggrieved or other person; and\nany other relevant matter, including any expressed wishes of the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice.\nIf the complainant is not the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice, a reference to the aggrieved in subsection (1) (e) includes a reference to the complainant.\ns 135M ins 2024 No. 5 s 40\namd 2025 No. 18 s 83 sch 1\n(sec.135M-ssec.1) When deciding whether to continue, vary or revoke the diversion order, the court must consider— the defendant’s continued eligibility for the approved diversion program or counselling in which the defendant is participating, including but not limited to the following— whether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice; whether the defendant has been charged with, or convicted of, another domestic violence offence; whether another domestic violence order or police protection notice has been made or issued against the defendant; the defendant’s willingness to continue to participate in the approved diversion program or counselling; and any information about the defendant the approved provider for the program or counselling in which the defendant is participating gives the court; and any material change to the defendant’s circumstances since the diversion order was made; and any risk to the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice or of someone else, including any statements provided by the aggrieved or other person; and any other relevant matter, including any expressed wishes of the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice.\n(sec.135M-ssec.2) If the complainant is not the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice, a reference to the aggrieved in subsection (1) (e) includes a reference to the complainant.\n- (a) the defendant’s continued eligibility for the approved diversion program or counselling in which the defendant is participating, including but not limited to the following— (i) whether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice; (ii) whether the defendant has been charged with, or convicted of, another domestic violence offence; (iii) whether another domestic violence order or police protection notice has been made or issued against the defendant; (iv) the defendant’s willingness to continue to participate in the approved diversion program or counselling; and\n- (i) whether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice;\n- (ii) whether the defendant has been charged with, or convicted of, another domestic violence offence;\n- (iii) whether another domestic violence order or police protection notice has been made or issued against the defendant;\n- (iv) the defendant’s willingness to continue to participate in the approved diversion program or counselling; and\n- (b) any information about the defendant the approved provider for the program or counselling in which the defendant is participating gives the court; and\n- (c) any material change to the defendant’s circumstances since the diversion order was made; and\n- (d) any risk to the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice or of someone else, including any statements provided by the aggrieved or other person; and\n- (e) any other relevant matter, including any expressed wishes of the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice.\n- (i) whether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice;\n- (ii) whether the defendant has been charged with, or convicted of, another domestic violence offence;\n- (iii) whether another domestic violence order or police protection notice has been made or issued against the defendant;\n- (iv) the defendant’s willingness to continue to participate in the approved diversion program or counselling; and","sortOrder":248},{"sectionNumber":"pt.4A-div.6","sectionType":"division","heading":"Effect of diversion orders","content":"## Effect of diversion orders","sortOrder":249},{"sectionNumber":"sec.135N","sectionType":"section","heading":"Ending of diversion order","content":"### sec.135N Ending of diversion order\n\nThis section applies if a notice of completion in relation to the defendant is given to the registrar of the court.\nOn the day the notice of completion is received by the court—\nthe diversion order ends; and\nthe defendant is not required to enter a plea to the charge of the alleged offence; and\nthe charge is taken to be dismissed by the court; and\nthe defendant is taken to be discharged by the court without any finding of guilt; and\nthe proceeding for the alleged offence ends.\nThe defendant is not liable to be further prosecuted for the alleged offence.\ns 135N ins 2024 No. 5 s 40\n(sec.135N-ssec.1) This section applies if a notice of completion in relation to the defendant is given to the registrar of the court.\n(sec.135N-ssec.2) On the day the notice of completion is received by the court— the diversion order ends; and the defendant is not required to enter a plea to the charge of the alleged offence; and the charge is taken to be dismissed by the court; and the defendant is taken to be discharged by the court without any finding of guilt; and the proceeding for the alleged offence ends.\n(sec.135N-ssec.3) The defendant is not liable to be further prosecuted for the alleged offence.\n- (a) the diversion order ends; and\n- (b) the defendant is not required to enter a plea to the charge of the alleged offence; and\n- (c) the charge is taken to be dismissed by the court; and\n- (d) the defendant is taken to be discharged by the court without any finding of guilt; and\n- (e) the proceeding for the alleged offence ends.","sortOrder":250},{"sectionNumber":"sec.135O","sectionType":"section","heading":"When court may have regard to partial compliance under diversion order","content":"### sec.135O When court may have regard to partial compliance under diversion order\n\nIf at any stage the defendant is convicted of the alleged offence, the court may, when sentencing the defendant, have regard to any participation by the defendant in an approved diversion program or counselling with an approved provider under the diversion order.\ns 135O ins 2024 No. 5 s 40","sortOrder":251},{"sectionNumber":"sec.135P","sectionType":"section","heading":"Operation of part and power of court","content":"### sec.135P Operation of part and power of court\n\nTo remove any doubt, it is declared that—\nthe making of a diversion order, or an order for the defendant to report to an approved provider under section 135E (2) (a) , does not affect the operation of any other order made under this Act in relation to the defendant; and\nnothing in this part affects the power of the court to make or vary any other order the court may make.\ns 135P ins 2024 No. 5 s 40\n- (a) the making of a diversion order, or an order for the defendant to report to an approved provider under section 135E (2) (a) , does not affect the operation of any other order made under this Act in relation to the defendant; and\n- (b) nothing in this part affects the power of the court to make or vary any other order the court may make.","sortOrder":252},{"sectionNumber":"pt.4A-div.7","sectionType":"division","heading":"Obligations of approved providers","content":"## Obligations of approved providers","sortOrder":253},{"sectionNumber":"sec.135Q","sectionType":"section","heading":"General obligation","content":"### sec.135Q General obligation\n\nThis section applies to an approved provider who is—\nassessing the defendant’s suitability to participate in the scheme under section 135F ; or\nproviding an approved diversion program or counselling for the defendant.\nThe approved provider has an ongoing obligation while carrying out the assessment or providing the program or counselling to—\nassess whether the defendant’s behaviour may pose a risk to the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; and\nassist with providing services to the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice.\ns 135Q ins 2024 No. 5 s 40\namd 2025 No. 18 s 83 sch 1\n(sec.135Q-ssec.1) This section applies to an approved provider who is— assessing the defendant’s suitability to participate in the scheme under section 135F ; or providing an approved diversion program or counselling for the defendant.\n(sec.135Q-ssec.2) The approved provider has an ongoing obligation while carrying out the assessment or providing the program or counselling to— assess whether the defendant’s behaviour may pose a risk to the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; and assist with providing services to the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice.\n- (a) assessing the defendant’s suitability to participate in the scheme under section 135F ; or\n- (b) providing an approved diversion program or counselling for the defendant.\n- (a) assess whether the defendant’s behaviour may pose a risk to the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; and\n- (b) assist with providing services to the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice.","sortOrder":254},{"sectionNumber":"sec.135R","sectionType":"section","heading":"Contravention of diversion order","content":"### sec.135R Contravention of diversion order\n\nIf an approved provider becomes aware that a defendant has contravened a diversion order, the approved provider must give the court and the police commissioner a notice in the approved form stating—\nthat the defendant has contravened the diversion order; and\nthe nature of the contravention; and\nthe date of the contravention.\nThe approved provider must give the notice within 7 days after the approved provider becomes aware of the contravention.\ns 135R ins 2024 No. 5 s 40\n(sec.135R-ssec.1) If an approved provider becomes aware that a defendant has contravened a diversion order, the approved provider must give the court and the police commissioner a notice in the approved form stating— that the defendant has contravened the diversion order; and the nature of the contravention; and the date of the contravention.\n(sec.135R-ssec.2) The approved provider must give the notice within 7 days after the approved provider becomes aware of the contravention.\n- (a) that the defendant has contravened the diversion order; and\n- (b) the nature of the contravention; and\n- (c) the date of the contravention.","sortOrder":255},{"sectionNumber":"sec.135S","sectionType":"section","heading":"Notice of completion","content":"### sec.135S Notice of completion\n\nIf an approved provider is satisfied the defendant has completed an approved diversion program or counselling with the approved provider, the approved provider must give the defendant, the registrar of the court and the police commissioner a notice in the approved form (a notice of completion ) stating—\nthat the defendant has completed the program or counselling; and\nthe date on which the defendant completed the program or counselling.\nThe approved provider must give the notice of completion within 14 days after the defendant completes the program or counselling.\ns 135S ins 2024 No. 5 s 40\n(sec.135S-ssec.1) If an approved provider is satisfied the defendant has completed an approved diversion program or counselling with the approved provider, the approved provider must give the defendant, the registrar of the court and the police commissioner a notice in the approved form (a notice of completion ) stating— that the defendant has completed the program or counselling; and the date on which the defendant completed the program or counselling.\n(sec.135S-ssec.2) The approved provider must give the notice of completion within 14 days after the defendant completes the program or counselling.\n- (a) that the defendant has completed the program or counselling; and\n- (b) the date on which the defendant completed the program or counselling.","sortOrder":256},{"sectionNumber":"pt.4A-div.8","sectionType":"division","heading":"Approvals","content":"## Approvals","sortOrder":257},{"sectionNumber":"sec.135T","sectionType":"section","heading":"Approval of providers and diversion programs","content":"### sec.135T Approval of providers and diversion programs\n\nThe chief executive may approve an entity as an approved provider if the chief executive is satisfied that the entity—\nhas appropriate experience and qualifications to provide an approved diversion program or counselling under the scheme; and\nsatisfies any other criteria prescribed by regulation.\nThe chief executive may approve a program as an approved diversion program if the chief executive is satisfied that—\nthe program aims to—\nincrease participants’ accountability for domestic violence; and\nhelp participants to change their behaviour; and\nincrease the safety, protection and wellbeing of persons against whom domestic violence has been committed; and\nthe program satisfies any other criteria prescribed by regulation.\nAn approval mentioned in subsection (1) or (2) must be in writing.\nThe chief executive must—\nprepare, and keep up to date, a list of approved providers and approved diversion programs; and\ngive a copy of the list to—\nthe Chief Magistrate; and\nthe police commissioner.\ns 135T ins 2024 No. 5 s 40\namd 2025 No. 18 s 26\n(sec.135T-ssec.1) The chief executive may approve an entity as an approved provider if the chief executive is satisfied that the entity— has appropriate experience and qualifications to provide an approved diversion program or counselling under the scheme; and satisfies any other criteria prescribed by regulation.\n(sec.135T-ssec.2) The chief executive may approve a program as an approved diversion program if the chief executive is satisfied that— the program aims to— increase participants’ accountability for domestic violence; and help participants to change their behaviour; and increase the safety, protection and wellbeing of persons against whom domestic violence has been committed; and the program satisfies any other criteria prescribed by regulation.\n(sec.135T-ssec.3) An approval mentioned in subsection (1) or (2) must be in writing.\n(sec.135T-ssec.4) The chief executive must— prepare, and keep up to date, a list of approved providers and approved diversion programs; and give a copy of the list to— the Chief Magistrate; and the police commissioner.\n- (a) has appropriate experience and qualifications to provide an approved diversion program or counselling under the scheme; and\n- (b) satisfies any other criteria prescribed by regulation.\n- (a) the program aims to— (i) increase participants’ accountability for domestic violence; and (ii) help participants to change their behaviour; and (iii) increase the safety, protection and wellbeing of persons against whom domestic violence has been committed; and\n- (i) increase participants’ accountability for domestic violence; and\n- (ii) help participants to change their behaviour; and\n- (iii) increase the safety, protection and wellbeing of persons against whom domestic violence has been committed; and\n- (b) the program satisfies any other criteria prescribed by regulation.\n- (i) increase participants’ accountability for domestic violence; and\n- (ii) help participants to change their behaviour; and\n- (iii) increase the safety, protection and wellbeing of persons against whom domestic violence has been committed; and\n- (a) prepare, and keep up to date, a list of approved providers and approved diversion programs; and\n- (b) give a copy of the list to— (i) the Chief Magistrate; and (ii) the police commissioner.\n- (i) the Chief Magistrate; and\n- (ii) the police commissioner.\n- (i) the Chief Magistrate; and\n- (ii) the police commissioner.","sortOrder":258},{"sectionNumber":"pt.5","sectionType":"part","heading":"Court proceedings","content":"# Court proceedings","sortOrder":259},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Jurisdiction","content":"## Jurisdiction","sortOrder":260},{"sectionNumber":"sec.136","sectionType":"section","heading":"Conferral of jurisdiction","content":"### sec.136 Conferral of jurisdiction\n\nA court has jurisdiction—\nto hear and decide any application made to the court under this Act; and\nto perform any other function or exercise any other power conferred on the court under this Act.\nDespite any other law or rule of court, a Magistrates Court in any district may hear and decide a proceeding that has been started in a Magistrates Court in any other district.\n(sec.136-ssec.1) A court has jurisdiction— to hear and decide any application made to the court under this Act; and to perform any other function or exercise any other power conferred on the court under this Act.\n(sec.136-ssec.2) Despite any other law or rule of court, a Magistrates Court in any district may hear and decide a proceeding that has been started in a Magistrates Court in any other district.\n- (a) to hear and decide any application made to the court under this Act; and\n- (b) to perform any other function or exercise any other power conferred on the court under this Act.","sortOrder":261},{"sectionNumber":"sec.137","sectionType":"section","heading":"Constitution of Magistrates Court","content":"### sec.137 Constitution of Magistrates Court\n\nA Magistrates Court exercising jurisdiction under this Act must be constituted by a magistrate.\nHowever, a Magistrates Court constituted by 2 or more justices may deal with the following applications—\nan application to make or vary a temporary protection order if a magistrate is not readily available to constitute a Magistrates Court;\nan application to adjourn a proceeding taken with a view to the making of a domestic violence order against a respondent.\nSubsection (2) has effect despite the Justices of the Peace and Commissioners for Declarations Act 1991 , section 29 (3) or (4) .\nSubsection (5) applies if an offender appears in relation to a domestic violence offence at a place at which a Magistrates Court is being held before 2 or more justices appointed under section 552C (3) of the Criminal Code for the place and pleads guilty to the offence.\nDespite subsection (1) , the Magistrates Court, constituted by the justices exercising jurisdiction under section 552C (3) of the Criminal Code , may deal with an application for a domestic violence order, or make a domestic violence order on its own initiative, relating to the offence and for which the offender is the respondent.\ns 137 amd 2016 No. 51 s 73 sch 1\n(sec.137-ssec.1) A Magistrates Court exercising jurisdiction under this Act must be constituted by a magistrate.\n(sec.137-ssec.2) However, a Magistrates Court constituted by 2 or more justices may deal with the following applications— an application to make or vary a temporary protection order if a magistrate is not readily available to constitute a Magistrates Court; an application to adjourn a proceeding taken with a view to the making of a domestic violence order against a respondent.\n(sec.137-ssec.3) Subsection (2) has effect despite the Justices of the Peace and Commissioners for Declarations Act 1991 , section 29 (3) or (4) .\n(sec.137-ssec.4) Subsection (5) applies if an offender appears in relation to a domestic violence offence at a place at which a Magistrates Court is being held before 2 or more justices appointed under section 552C (3) of the Criminal Code for the place and pleads guilty to the offence.\n(sec.137-ssec.5) Despite subsection (1) , the Magistrates Court, constituted by the justices exercising jurisdiction under section 552C (3) of the Criminal Code , may deal with an application for a domestic violence order, or make a domestic violence order on its own initiative, relating to the offence and for which the offender is the respondent.\n- (a) an application to make or vary a temporary protection order if a magistrate is not readily available to constitute a Magistrates Court;\n- (b) an application to adjourn a proceeding taken with a view to the making of a domestic violence order against a respondent.","sortOrder":262},{"sectionNumber":"sec.138","sectionType":"section","heading":"Concurrent criminal proceeding","content":"### sec.138 Concurrent criminal proceeding\n\nAn application under this Act may be made, and a court may deal with the application, even if a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.\nHowever, if a person is charged with an offence arising out of conduct on which an application under this Act is based, a reference to any of the following is admissible in the trial of the person for the offence only with the leave of the court—\nthe existence of the application;\nthe existence of any proceeding relating to the application;\nthe making of, or refusal to make, any order relating to the application;\nthe making of, or refusal to make, any variation of any order relating to the application;\nthe fact that evidence of a particular nature or content was given in any proceeding relating to the application.\nTo remove any doubt, it is declared that, subject to this section, an application, proceeding or order under this Act in relation to the conduct of a person does not affect—\nany proceeding for an offence against the person arising out of the same conduct; or\nany civil liability of the person.\nThe person may be punished for the offence mentioned in subsection (3) (a) despite any order made against the person under this Act.\n(sec.138-ssec.1) An application under this Act may be made, and a court may deal with the application, even if a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.\n(sec.138-ssec.2) However, if a person is charged with an offence arising out of conduct on which an application under this Act is based, a reference to any of the following is admissible in the trial of the person for the offence only with the leave of the court— the existence of the application; the existence of any proceeding relating to the application; the making of, or refusal to make, any order relating to the application; the making of, or refusal to make, any variation of any order relating to the application; the fact that evidence of a particular nature or content was given in any proceeding relating to the application.\n(sec.138-ssec.3) To remove any doubt, it is declared that, subject to this section, an application, proceeding or order under this Act in relation to the conduct of a person does not affect— any proceeding for an offence against the person arising out of the same conduct; or any civil liability of the person.\n(sec.138-ssec.4) The person may be punished for the offence mentioned in subsection (3) (a) despite any order made against the person under this Act.\n- (a) the existence of the application;\n- (b) the existence of any proceeding relating to the application;\n- (c) the making of, or refusal to make, any order relating to the application;\n- (d) the making of, or refusal to make, any variation of any order relating to the application;\n- (e) the fact that evidence of a particular nature or content was given in any proceeding relating to the application.\n- (a) any proceeding for an offence against the person arising out of the same conduct; or\n- (b) any civil liability of the person.","sortOrder":263},{"sectionNumber":"sec.139","sectionType":"section","heading":"Tenancy application may be made in Magistrates Court","content":"### sec.139 Tenancy application may be made in Magistrates Court\n\nThis section applies if a person makes an application for a protection order, or a variation of a domestic violence order, to a Magistrates Court.\nThe person may make an application to the Magistrates Court, instead of to QCAT, for an order under the Residential Tenancies and Rooming Accommodation Act 2008 , sections 245 , 321 or 323 .\ns 139 amd 2016 No. 51 s 73 sch 1\n(sec.139-ssec.1) This section applies if a person makes an application for a protection order, or a variation of a domestic violence order, to a Magistrates Court.\n(sec.139-ssec.2) The person may make an application to the Magistrates Court, instead of to QCAT, for an order under the Residential Tenancies and Rooming Accommodation Act 2008 , sections 245 , 321 or 323 .","sortOrder":264},{"sectionNumber":"sec.140","sectionType":"section","heading":"Tenancy application may be removed to Magistrates Court","content":"### sec.140 Tenancy application may be removed to Magistrates Court\n\nThis section applies if—\nan application for a protection order, or a variation of a domestic violence order, is made to a Magistrates Court; and\nthe aggrieved or respondent makes an application (a tenancy application ) to QCAT for an order under the Residential Tenancies and Rooming Accommodation Act 2008 , sections 245 , 321 or 323 .\nThe Magistrates Court may, on application of either the aggrieved or respondent and if the court considers it appropriate, order that the tenancy application be removed to the Magistrates Court.\n(sec.140-ssec.1) This section applies if— an application for a protection order, or a variation of a domestic violence order, is made to a Magistrates Court; and the aggrieved or respondent makes an application (a tenancy application ) to QCAT for an order under the Residential Tenancies and Rooming Accommodation Act 2008 , sections 245 , 321 or 323 .\n(sec.140-ssec.2) The Magistrates Court may, on application of either the aggrieved or respondent and if the court considers it appropriate, order that the tenancy application be removed to the Magistrates Court.\n- (a) an application for a protection order, or a variation of a domestic violence order, is made to a Magistrates Court; and\n- (b) the aggrieved or respondent makes an application (a tenancy application ) to QCAT for an order under the Residential Tenancies and Rooming Accommodation Act 2008 , sections 245 , 321 or 323 .","sortOrder":265},{"sectionNumber":"sec.141","sectionType":"section","heading":"Procedures applicable to tenancy applications before Magistrates Court","content":"### sec.141 Procedures applicable to tenancy applications before Magistrates Court\n\nThe Magistrates Court has jurisdiction—\nto hear and decide an application mentioned in section 139 (2) or 140 (2) ; and\nto perform any other function or exercise any other power conferred on QCAT, for a tenancy application, under the QCAT Act or the Residential Tenancies and Rooming Accommodation Act 2008 .\nIf a tenancy application is dealt with by a Magistrates Court under this section, the procedures applicable to the application are the procedures under the QCAT Act .\nHowever, a Magistrates Court hearing a tenancy application under this section must not be open to the public unless the court orders otherwise.\nSubsection (2) is subject to the Magistrates Court giving directions, before, or at any time during, the hearing of the tenancy application, about the way in which the court may exercise the powers of QCAT for a tenancy application or the service of documents for the tenancy application.\nAn aggrieved or respondent who makes a tenancy application must give written notice to the lessor of—\nthe tenancy application; and\nany application to remove the tenancy application to the Magistrates Court; and\nany adjournment of an application mentioned in paragraph (a) or (b) .\nAn order of the Magistrates Court about the tenancy application is taken to have been made under the QCAT Act for the Residential Tenancies and Rooming Accommodation Act 2008 .\nIn this section—\ntenancy application means an application for an order under the Residential Tenancies and Rooming Accommodation Act 2008 , sections 245 , 321 or 323 .\n(sec.141-ssec.1) The Magistrates Court has jurisdiction— to hear and decide an application mentioned in section 139 (2) or 140 (2) ; and to perform any other function or exercise any other power conferred on QCAT, for a tenancy application, under the QCAT Act or the Residential Tenancies and Rooming Accommodation Act 2008 .\n(sec.141-ssec.2) If a tenancy application is dealt with by a Magistrates Court under this section, the procedures applicable to the application are the procedures under the QCAT Act .\n(sec.141-ssec.3) However, a Magistrates Court hearing a tenancy application under this section must not be open to the public unless the court orders otherwise.\n(sec.141-ssec.4) Subsection (2) is subject to the Magistrates Court giving directions, before, or at any time during, the hearing of the tenancy application, about the way in which the court may exercise the powers of QCAT for a tenancy application or the service of documents for the tenancy application.\n(sec.141-ssec.5) An aggrieved or respondent who makes a tenancy application must give written notice to the lessor of— the tenancy application; and any application to remove the tenancy application to the Magistrates Court; and any adjournment of an application mentioned in paragraph (a) or (b) .\n(sec.141-ssec.6) An order of the Magistrates Court about the tenancy application is taken to have been made under the QCAT Act for the Residential Tenancies and Rooming Accommodation Act 2008 .\n(sec.141-ssec.7) In this section— tenancy application means an application for an order under the Residential Tenancies and Rooming Accommodation Act 2008 , sections 245 , 321 or 323 .\n- (a) to hear and decide an application mentioned in section 139 (2) or 140 (2) ; and\n- (b) to perform any other function or exercise any other power conferred on QCAT, for a tenancy application, under the QCAT Act or the Residential Tenancies and Rooming Accommodation Act 2008 .\n- (a) the tenancy application; and\n- (b) any application to remove the tenancy application to the Magistrates Court; and\n- (c) any adjournment of an application mentioned in paragraph (a) or (b) .","sortOrder":266},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Practice and procedure","content":"## Practice and procedure","sortOrder":267},{"sectionNumber":"sec.142","sectionType":"section","heading":"Procedure for proceeding under this Act","content":"### sec.142 Procedure for proceeding under this Act\n\nThe Domestic and Family Violence Protection Rules made under the Magistrates Courts Act 1921 , section 57C apply for—\na proceeding in a court under this Act; or\nthe registry of a court in relation to a proceeding under this Act.\nThe Uniform Civil Procedure Rules 1999 apply to an appeal under this Act.\nTo remove any doubt, it is declared that the Childrens Court Rules 1997 and the Uniform Civil Procedure Rules 1999 do not apply to a proceeding in a court under this Act.\ns 142 sub 2013 No. 35 s 67\n(sec.142-ssec.1) The Domestic and Family Violence Protection Rules made under the Magistrates Courts Act 1921 , section 57C apply for— a proceeding in a court under this Act; or the registry of a court in relation to a proceeding under this Act.\n(sec.142-ssec.2) The Uniform Civil Procedure Rules 1999 apply to an appeal under this Act.\n(sec.142-ssec.3) To remove any doubt, it is declared that the Childrens Court Rules 1997 and the Uniform Civil Procedure Rules 1999 do not apply to a proceeding in a court under this Act.\n- (a) a proceeding in a court under this Act; or\n- (b) the registry of a court in relation to a proceeding under this Act.","sortOrder":268},{"sectionNumber":"sec.142A","sectionType":"section","heading":"Use of audio visual links or audio links—Magistrates Court","content":"### sec.142A Use of audio visual links or audio links—Magistrates Court\n\nThis section applies in relation to a proceeding under the Act before a Magistrates Court.\nThe Magistrates Court may conduct all or part of the proceeding by the use of audio visual links or audio links.\nWithout limiting subsection (2) , the Magistrates Court may enable a person to do any of the following things by audio visual link or audio link—\nappear before the Magistrates Court;\ngive evidence or make a submission to the Magistrates Court;\ntake an oath or make an affirmation.\nIf all or part of a proceeding is conducted by the use of audio visual links or audio links, a person who appears before the Magistrates Court for the proceeding is taken to be present before the Magistrates Court.\nIn this section—\nMagistrates Court means—\nif an application is made to a Magistrates Court—the Magistrates Court; or\nif an application is made to a magistrate—the magistrate.\ns 142A ins 2021 No. 23 s 16\n(sec.142A-ssec.1) This section applies in relation to a proceeding under the Act before a Magistrates Court.\n(sec.142A-ssec.2) The Magistrates Court may conduct all or part of the proceeding by the use of audio visual links or audio links.\n(sec.142A-ssec.3) Without limiting subsection (2) , the Magistrates Court may enable a person to do any of the following things by audio visual link or audio link— appear before the Magistrates Court; give evidence or make a submission to the Magistrates Court; take an oath or make an affirmation.\n(sec.142A-ssec.4) If all or part of a proceeding is conducted by the use of audio visual links or audio links, a person who appears before the Magistrates Court for the proceeding is taken to be present before the Magistrates Court.\n(sec.142A-ssec.5) In this section— Magistrates Court means— if an application is made to a Magistrates Court—the Magistrates Court; or if an application is made to a magistrate—the magistrate.\n- (a) appear before the Magistrates Court;\n- (b) give evidence or make a submission to the Magistrates Court;\n- (c) take an oath or make an affirmation.\n- (a) if an application is made to a Magistrates Court—the Magistrates Court; or\n- (b) if an application is made to a magistrate—the magistrate.","sortOrder":269},{"sectionNumber":"sec.143","sectionType":"section","heading":"Application of usual laws where necessary","content":"### sec.143 Application of usual laws where necessary\n\nTo remove any doubt, it is declared that—\nfor a proceeding under this Act before a Magistrates Court or magistrate—the provisions of the Justices Act 1886 apply to the proceeding unless the application of that Act is inconsistent with this Act; and\nfor a proceeding under this Act in the Childrens Court—\nthe provisions of the Justices Act 1886 apply to the proceeding unless the application of that Act is inconsistent with this Act or the Childrens Court Act 1992 ; and\nthe provisions of the Childrens Court Act 1992 apply to the proceeding unless the application of that Act is inconsistent with this Act.\n- (a) for a proceeding under this Act before a Magistrates Court or magistrate—the provisions of the Justices Act 1886 apply to the proceeding unless the application of that Act is inconsistent with this Act; and\n- (b) for a proceeding under this Act in the Childrens Court— (i) the provisions of the Justices Act 1886 apply to the proceeding unless the application of that Act is inconsistent with this Act or the Childrens Court Act 1992 ; and (ii) the provisions of the Childrens Court Act 1992 apply to the proceeding unless the application of that Act is inconsistent with this Act.\n- (i) the provisions of the Justices Act 1886 apply to the proceeding unless the application of that Act is inconsistent with this Act or the Childrens Court Act 1992 ; and\n- (ii) the provisions of the Childrens Court Act 1992 apply to the proceeding unless the application of that Act is inconsistent with this Act.\n- (i) the provisions of the Justices Act 1886 apply to the proceeding unless the application of that Act is inconsistent with this Act or the Childrens Court Act 1992 ; and\n- (ii) the provisions of the Childrens Court Act 1992 apply to the proceeding unless the application of that Act is inconsistent with this Act.","sortOrder":270},{"sectionNumber":"sec.144","sectionType":"section","heading":"Directions","content":"### sec.144 Directions\n\nThis section applies to the extent that any matter relating to procedure is not provided for by the rules applying under section 142 or the provisions applying under section 143 .\nThe court may issue directions in relation to a particular proceeding before the court.\n(sec.144-ssec.1) This section applies to the extent that any matter relating to procedure is not provided for by the rules applying under section 142 or the provisions applying under section 143 .\n(sec.144-ssec.2) The court may issue directions in relation to a particular proceeding before the court.","sortOrder":271},{"sectionNumber":"sec.145","sectionType":"section","heading":"Evidence","content":"### sec.145 Evidence\n\nIn a proceeding under this Act, a court—\nis not bound by the rules of evidence, or any practices or procedures applying to courts of record; and\nmay inform itself in any way it considers appropriate.\nhaving regard to a recorded statement, within the meaning of the Evidence Act 1977 , section 103A , that is made for, and may be used in, a related domestic violence proceeding within the meaning of section 103C of that Act\nDespite subsection (1) , the Evidence Act 1977 , part 2 , division 2A applies to a proceeding under this Act.\nIf the court is to be satisfied of a matter, the court need only be satisfied of the matter on the balance of probabilities.\nTo remove any doubt, it is declared that the court need not have the personal evidence of the aggrieved before making a domestic violence order.\ns 145 amd 2017 No. 8 s 101 sch 1 ; 2025 No. 18 s 27\n(sec.145-ssec.1) In a proceeding under this Act, a court— is not bound by the rules of evidence, or any practices or procedures applying to courts of record; and may inform itself in any way it considers appropriate. having regard to a recorded statement, within the meaning of the Evidence Act 1977 , section 103A , that is made for, and may be used in, a related domestic violence proceeding within the meaning of section 103C of that Act\n(sec.145-ssec.2) Despite subsection (1) , the Evidence Act 1977 , part 2 , division 2A applies to a proceeding under this Act.\n(sec.145-ssec.3) If the court is to be satisfied of a matter, the court need only be satisfied of the matter on the balance of probabilities.\n(sec.145-ssec.4) To remove any doubt, it is declared that the court need not have the personal evidence of the aggrieved before making a domestic violence order.\n- (a) is not bound by the rules of evidence, or any practices or procedures applying to courts of record; and\n- (b) may inform itself in any way it considers appropriate. Example of a way a court may consider it appropriate to inform itself— having regard to a recorded statement, within the meaning of the Evidence Act 1977 , section 103A , that is made for, and may be used in, a related domestic violence proceeding within the meaning of section 103C of that Act","sortOrder":272},{"sectionNumber":"sec.146","sectionType":"section","heading":"Right of appearance and representation","content":"### sec.146 Right of appearance and representation\n\nA party to a proceeding under this Act may appear in person or be represented by a lawyer.\nA police officer or service legal officer may appear in any proceeding under this Act.\nIn this section—\nparty includes an aggrieved.\n(sec.146-ssec.1) A party to a proceeding under this Act may appear in person or be represented by a lawyer.\n(sec.146-ssec.2) A police officer or service legal officer may appear in any proceeding under this Act.\n(sec.146-ssec.3) In this section— party includes an aggrieved.","sortOrder":273},{"sectionNumber":"sec.147","sectionType":"section","heading":"Representation of aggrieved","content":"### sec.147 Representation of aggrieved\n\nA police officer, service legal officer or authorised person for the aggrieved may appear and act on behalf of an aggrieved in a proceeding for any application under this Act.\nIf an authorised person for an aggrieved has made an application under this Act to a court and the court decides the authorised person is not able to help it, the application is taken to have been made by the aggrieved.\n(sec.147-ssec.1) A police officer, service legal officer or authorised person for the aggrieved may appear and act on behalf of an aggrieved in a proceeding for any application under this Act.\n(sec.147-ssec.2) If an authorised person for an aggrieved has made an application under this Act to a court and the court decides the authorised person is not able to help it, the application is taken to have been made by the aggrieved.","sortOrder":274},{"sectionNumber":"sec.148","sectionType":"section","heading":"Child can not be compelled to give evidence","content":"### sec.148 Child can not be compelled to give evidence\n\nThis section applies to a child, other than a child who is an aggrieved or respondent, in a proceeding under this Act.\nThe child may only be called to give evidence with the leave of the court.\nThe court may grant leave only if the child—\nis at least 12 years; and\nis represented by a lawyer; and\nagrees to give evidence.\nIn deciding whether to grant leave, the court must have regard to—\nthe desirability of protecting children from unnecessary exposure to the court system; and\nthe harm that could occur to the child and to family relationships if the child gives evidence.\nWithout limiting subsection (2) , (3) or (4) , a person may only do the following with the leave of the court—\ncall the child as a witness in the proceeding;\nask the child to remain in court during the proceeding;\nask the child to swear an affidavit for the proceeding;\nask the child to produce a stated document or other thing in the proceeding.\nIf the child gives evidence, the child may be cross-examined only with the leave of the court.\n(sec.148-ssec.1) This section applies to a child, other than a child who is an aggrieved or respondent, in a proceeding under this Act.\n(sec.148-ssec.2) The child may only be called to give evidence with the leave of the court.\n(sec.148-ssec.3) The court may grant leave only if the child— is at least 12 years; and is represented by a lawyer; and agrees to give evidence.\n(sec.148-ssec.4) In deciding whether to grant leave, the court must have regard to— the desirability of protecting children from unnecessary exposure to the court system; and the harm that could occur to the child and to family relationships if the child gives evidence.\n(sec.148-ssec.5) Without limiting subsection (2) , (3) or (4) , a person may only do the following with the leave of the court— call the child as a witness in the proceeding; ask the child to remain in court during the proceeding; ask the child to swear an affidavit for the proceeding; ask the child to produce a stated document or other thing in the proceeding.\n(sec.148-ssec.6) If the child gives evidence, the child may be cross-examined only with the leave of the court.\n- (a) is at least 12 years; and\n- (b) is represented by a lawyer; and\n- (c) agrees to give evidence.\n- (a) the desirability of protecting children from unnecessary exposure to the court system; and\n- (b) the harm that could occur to the child and to family relationships if the child gives evidence.\n- (a) call the child as a witness in the proceeding;\n- (b) ask the child to remain in court during the proceeding;\n- (c) ask the child to swear an affidavit for the proceeding;\n- (d) ask the child to produce a stated document or other thing in the proceeding.","sortOrder":275},{"sectionNumber":"sec.149","sectionType":"section","heading":"Child must be allowed to obtain legal representation","content":"### sec.149 Child must be allowed to obtain legal representation\n\nThis section applies to—\na child who—\nis named in an application for a protection order as the aggrieved; and\nappears before a court and is not represented by a lawyer, police officer, service legal officer or authorised person for the aggrieved; and\na child who—\nis named in an application for a protection order as the respondent; and\nappears before a court and is not represented by a lawyer; and\na child who—\nis involved in proceedings mentioned in section 42 or 43 ; and\nappears before a court and is not represented by a lawyer.\nThe court may adjourn the hearing of the application if the court considers that the child has not had a reasonable opportunity to obtain representation by a lawyer.\n(sec.149-ssec.1) This section applies to— a child who— is named in an application for a protection order as the aggrieved; and appears before a court and is not represented by a lawyer, police officer, service legal officer or authorised person for the aggrieved; and a child who— is named in an application for a protection order as the respondent; and appears before a court and is not represented by a lawyer; and a child who— is involved in proceedings mentioned in section 42 or 43 ; and appears before a court and is not represented by a lawyer.\n(sec.149-ssec.2) The court may adjourn the hearing of the application if the court considers that the child has not had a reasonable opportunity to obtain representation by a lawyer.\n- (a) a child who— (i) is named in an application for a protection order as the aggrieved; and (ii) appears before a court and is not represented by a lawyer, police officer, service legal officer or authorised person for the aggrieved; and\n- (i) is named in an application for a protection order as the aggrieved; and\n- (ii) appears before a court and is not represented by a lawyer, police officer, service legal officer or authorised person for the aggrieved; and\n- (b) a child who— (i) is named in an application for a protection order as the respondent; and (ii) appears before a court and is not represented by a lawyer; and\n- (i) is named in an application for a protection order as the respondent; and\n- (ii) appears before a court and is not represented by a lawyer; and\n- (c) a child who— (i) is involved in proceedings mentioned in section 42 or 43 ; and (ii) appears before a court and is not represented by a lawyer.\n- (i) is involved in proceedings mentioned in section 42 or 43 ; and\n- (ii) appears before a court and is not represented by a lawyer.\n- (i) is named in an application for a protection order as the aggrieved; and\n- (ii) appears before a court and is not represented by a lawyer, police officer, service legal officer or authorised person for the aggrieved; and\n- (i) is named in an application for a protection order as the respondent; and\n- (ii) appears before a court and is not represented by a lawyer; and\n- (i) is involved in proceedings mentioned in section 42 or 43 ; and\n- (ii) appears before a court and is not represented by a lawyer.","sortOrder":276},{"sectionNumber":"sec.150","sectionType":"section","heading":"Protected witnesses","content":"### sec.150 Protected witnesses\n\nThis section applies when any of the following persons (each a protected witness ) is to give, or is giving, evidence in a proceeding under this Act—\nthe aggrieved;\na child;\na relative or associate of the aggrieved who is named in the application that relates to the proceeding.\nSee the Evidence Act 1977 , part 2 , division 6 for provisions that apply to protect the persons mentioned in subsection (1) if they give, or are to give, evidence in criminal proceedings for an offence against part 7 .\nThe court must consider whether to make any of the following orders—\nthat the protected witness give evidence outside the courtroom and the evidence be transmitted to the courtroom by means of an audio visual link;\nthat the protected witness give evidence outside the courtroom and an audio visual record of the evidence be made and replayed in the courtroom;\nwhile the protected witness is giving evidence, that a screen, one-way glass or other thing be placed so the protected witness can not see the respondent;\nwhile the protected witness is giving evidence, that the respondent be held in a room apart from the courtroom and the evidence be transmitted to that room by means of an audio visual link;\nthat the protected witness be accompanied by a person approved by the court for the purpose of providing emotional support;\nif the protected witness has a physical or mental disability—that the protected witness gives evidence in a particular way specified by the court that will, in the court’s opinion, minimise the protected witness’s distress;\nany other alternative arrangement the court considers appropriate.\nHowever, if the protected witness is a child, the court must make at least 1 of the orders mentioned in subsection (2) (a) , (b) , (c) or (d) .\nAny place outside the courtroom where a protected witness is permitted to give evidence under this section is taken to be part of the courtroom while the witness is there for the purpose of giving evidence.\ns 150 amd 2023 No. 1 s 47\n(sec.150-ssec.1) This section applies when any of the following persons (each a protected witness ) is to give, or is giving, evidence in a proceeding under this Act— the aggrieved; a child; a relative or associate of the aggrieved who is named in the application that relates to the proceeding. See the Evidence Act 1977 , part 2 , division 6 for provisions that apply to protect the persons mentioned in subsection (1) if they give, or are to give, evidence in criminal proceedings for an offence against part 7 .\n(sec.150-ssec.2) The court must consider whether to make any of the following orders— that the protected witness give evidence outside the courtroom and the evidence be transmitted to the courtroom by means of an audio visual link; that the protected witness give evidence outside the courtroom and an audio visual record of the evidence be made and replayed in the courtroom; while the protected witness is giving evidence, that a screen, one-way glass or other thing be placed so the protected witness can not see the respondent; while the protected witness is giving evidence, that the respondent be held in a room apart from the courtroom and the evidence be transmitted to that room by means of an audio visual link; that the protected witness be accompanied by a person approved by the court for the purpose of providing emotional support; if the protected witness has a physical or mental disability—that the protected witness gives evidence in a particular way specified by the court that will, in the court’s opinion, minimise the protected witness’s distress; any other alternative arrangement the court considers appropriate.\n(sec.150-ssec.3) However, if the protected witness is a child, the court must make at least 1 of the orders mentioned in subsection (2) (a) , (b) , (c) or (d) .\n(sec.150-ssec.4) Any place outside the courtroom where a protected witness is permitted to give evidence under this section is taken to be part of the courtroom while the witness is there for the purpose of giving evidence.\n- (a) the aggrieved;\n- (b) a child;\n- (c) a relative or associate of the aggrieved who is named in the application that relates to the proceeding.\n- (a) that the protected witness give evidence outside the courtroom and the evidence be transmitted to the courtroom by means of an audio visual link;\n- (b) that the protected witness give evidence outside the courtroom and an audio visual record of the evidence be made and replayed in the courtroom;\n- (c) while the protected witness is giving evidence, that a screen, one-way glass or other thing be placed so the protected witness can not see the respondent;\n- (d) while the protected witness is giving evidence, that the respondent be held in a room apart from the courtroom and the evidence be transmitted to that room by means of an audio visual link;\n- (e) that the protected witness be accompanied by a person approved by the court for the purpose of providing emotional support;\n- (f) if the protected witness has a physical or mental disability—that the protected witness gives evidence in a particular way specified by the court that will, in the court’s opinion, minimise the protected witness’s distress;\n- (g) any other alternative arrangement the court considers appropriate.","sortOrder":277},{"sectionNumber":"sec.151","sectionType":"section","heading":"Restriction on cross-examination in person","content":"### sec.151 Restriction on cross-examination in person\n\nThis section applies if—\na protected witness gives evidence in a proceeding under this Act; and\na respondent in the proceeding wishes to cross-examine the protected witness; and\nthe respondent is not represented by a lawyer.\nSee the Evidence Act 1977 , part 2 , division 6 in relation to the cross-examination of protected witnesses in proceedings for an offence against this Act.\nThe court, on its own initiative or on the application of a party to the proceeding, may order that the respondent may not cross-examine the protected witness in person if the court is satisfied that the cross-examination is likely to cause the protected witness to—\nsuffer emotional harm or distress; or\nbe so intimidated as to be disadvantaged as a witness.\nHowever, if the protected witness is a child, the court must make an order that the respondent may not cross-examine the protected witness in person.\nIf the court makes an order under this section, the court must—\ninform the respondent that the respondent may not cross-examine the protected witness in person; and\nrequire the respondent to advise the court by a stated date or time whether the respondent—\nhas arranged for a lawyer to act for the respondent; or\nhas arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or\nhas decided not to cross-examine the protected witness.\ns 151 amd 2023 No. 1 s 48\n(sec.151-ssec.1) This section applies if— a protected witness gives evidence in a proceeding under this Act; and a respondent in the proceeding wishes to cross-examine the protected witness; and the respondent is not represented by a lawyer. See the Evidence Act 1977 , part 2 , division 6 in relation to the cross-examination of protected witnesses in proceedings for an offence against this Act.\n(sec.151-ssec.2) The court, on its own initiative or on the application of a party to the proceeding, may order that the respondent may not cross-examine the protected witness in person if the court is satisfied that the cross-examination is likely to cause the protected witness to— suffer emotional harm or distress; or be so intimidated as to be disadvantaged as a witness.\n(sec.151-ssec.3) However, if the protected witness is a child, the court must make an order that the respondent may not cross-examine the protected witness in person.\n(sec.151-ssec.4) If the court makes an order under this section, the court must— inform the respondent that the respondent may not cross-examine the protected witness in person; and require the respondent to advise the court by a stated date or time whether the respondent— has arranged for a lawyer to act for the respondent; or has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or has decided not to cross-examine the protected witness.\n- (a) a protected witness gives evidence in a proceeding under this Act; and\n- (b) a respondent in the proceeding wishes to cross-examine the protected witness; and\n- (c) the respondent is not represented by a lawyer.\n- (a) suffer emotional harm or distress; or\n- (b) be so intimidated as to be disadvantaged as a witness.\n- (a) inform the respondent that the respondent may not cross-examine the protected witness in person; and\n- (b) require the respondent to advise the court by a stated date or time whether the respondent— (i) has arranged for a lawyer to act for the respondent; or (ii) has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or (iii) has decided not to cross-examine the protected witness.\n- (i) has arranged for a lawyer to act for the respondent; or\n- (ii) has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or\n- (iii) has decided not to cross-examine the protected witness.\n- (i) has arranged for a lawyer to act for the respondent; or\n- (ii) has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or\n- (iii) has decided not to cross-examine the protected witness.","sortOrder":278},{"sectionNumber":"sec.152","sectionType":"section","heading":"Special witnesses","content":"### sec.152 Special witnesses\n\nThis division does not affect the Evidence Act 1977 , section 21A .\nThe Evidence Act 1977 , section 21A allows a court to make orders or directions that apply when a special witness is giving evidence.\ns 152 amd 2016 No. 51 s 73 sch 1","sortOrder":279},{"sectionNumber":"sec.153","sectionType":"section","heading":"Electronic documents","content":"### sec.153 Electronic documents\n\nA court may make a domestic violence order, and a magistrate may make a temporary protection order, under this Act by electronic or computer-based means.\nA police officer may file a document to start a proceeding, or in a proceeding, under this Act by electronic or computer-based means.\nThe clerk of a court may give to a police officer a copy of an application or order under this Act by electronic or computer-based means.\nA copy of an application or order under this Act that is required to be given to, or served on, any person may be a paper copy of a document that is produced from an electronic form of the document.\ns 153 amd 2016 No. 51 s 42\n(sec.153-ssec.1) A court may make a domestic violence order, and a magistrate may make a temporary protection order, under this Act by electronic or computer-based means.\n(sec.153-ssec.2) A police officer may file a document to start a proceeding, or in a proceeding, under this Act by electronic or computer-based means.\n(sec.153-ssec.3) The clerk of a court may give to a police officer a copy of an application or order under this Act by electronic or computer-based means.\n(sec.153-ssec.4) A copy of an application or order under this Act that is required to be given to, or served on, any person may be a paper copy of a document that is produced from an electronic form of the document.","sortOrder":280},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Other powers of court","content":"## Other powers of court","sortOrder":281},{"sectionNumber":"sec.154","sectionType":"section","heading":"Court may issue subpoena","content":"### sec.154 Court may issue subpoena\n\nA court hearing an application under this Act may issue a subpoena requiring the attendance of a person before the court.\nSee, however, section 145 (1) (a) of this Act and the Evidence Act 1977 , part 2 , division 2A .\nThe court may require the person either to take an oath or make an affirmation.\nIn this section—\nsubpoena means—\na subpoena for production; or\na subpoena to give evidence; or\na subpoena for production and to give evidence.\ns 154 amd 2017 No. 8 s 101 sch 1 ; 2021 No. 23 s 17\n(sec.154-ssec.1) A court hearing an application under this Act may issue a subpoena requiring the attendance of a person before the court. See, however, section 145 (1) (a) of this Act and the Evidence Act 1977 , part 2 , division 2A .\n(sec.154-ssec.2) The court may require the person either to take an oath or make an affirmation.\n(sec.154-ssec.3) In this section— subpoena means— a subpoena for production; or a subpoena to give evidence; or a subpoena for production and to give evidence.\n- (a) a subpoena for production; or\n- (b) a subpoena to give evidence; or\n- (c) a subpoena for production and to give evidence.","sortOrder":282},{"sectionNumber":"sec.155","sectionType":"section","heading":"Power of court if failure to cooperate under subpoena","content":"### sec.155 Power of court if failure to cooperate under subpoena\n\nThis section applies if a person subpoenaed under section 154 attends before a court and without reasonable excuse—\nrefuses to be sworn or to affirm; or\nrefuses to answer a question put to the person; or\nfails to give an answer to the court’s satisfaction.\nThe court may treat the person’s refusal or failure as a contempt of court.\n(sec.155-ssec.1) This section applies if a person subpoenaed under section 154 attends before a court and without reasonable excuse— refuses to be sworn or to affirm; or refuses to answer a question put to the person; or fails to give an answer to the court’s satisfaction.\n(sec.155-ssec.2) The court may treat the person’s refusal or failure as a contempt of court.\n- (a) refuses to be sworn or to affirm; or\n- (b) refuses to answer a question put to the person; or\n- (c) fails to give an answer to the court’s satisfaction.","sortOrder":283},{"sectionNumber":"sec.156","sectionType":"section","heading":"Provisions concerning warrants","content":"### sec.156 Provisions concerning warrants\n\nA court must not order the issue of a warrant under this Act as a matter of course, but only where, in the circumstances of the case, the court believes it appropriate that the respondent or, as the case may be, offender, be heard.\nIf a person is taken into custody under a warrant issued under this Act, the provisions of the Bail Act 1980 apply to the person as if the person had been apprehended on a charge of an offence.\n(sec.156-ssec.1) A court must not order the issue of a warrant under this Act as a matter of course, but only where, in the circumstances of the case, the court believes it appropriate that the respondent or, as the case may be, offender, be heard.\n(sec.156-ssec.2) If a person is taken into custody under a warrant issued under this Act, the provisions of the Bail Act 1980 apply to the person as if the person had been apprehended on a charge of an offence.","sortOrder":284},{"sectionNumber":"sec.157","sectionType":"section","heading":"Costs","content":"### sec.157 Costs\n\nEach party to a proceeding for an application under this Act must bear the party’s own costs for the proceeding.\nHowever, the court may award costs against the party who made the application if the court hears the application and decides—\nto dismiss the application and, in doing so, also decides that the party, in making the application, intentionally engaged in behaviour, or continued a pattern of behaviour, towards the respondent to the application that is domestic violence; or\nThis type of behaviour is known as systems abuse or legal abuse. It is behaviour in which a person intentionally misuses the legal system, including, for example, by starting court proceedings based on false allegations against another person, as a way to intentionally exert control or dominance over the other person or to torment, intimidate or harass the other person.\nto dismiss the application on the grounds that it is malicious, deliberately false, frivolous or vexatious.\nIn this section—\nparty includes an aggrieved.\ns 157 amd 2023 No. 1 s 49\n(sec.157-ssec.1) Each party to a proceeding for an application under this Act must bear the party’s own costs for the proceeding.\n(sec.157-ssec.2) However, the court may award costs against the party who made the application if the court hears the application and decides— to dismiss the application and, in doing so, also decides that the party, in making the application, intentionally engaged in behaviour, or continued a pattern of behaviour, towards the respondent to the application that is domestic violence; or This type of behaviour is known as systems abuse or legal abuse. It is behaviour in which a person intentionally misuses the legal system, including, for example, by starting court proceedings based on false allegations against another person, as a way to intentionally exert control or dominance over the other person or to torment, intimidate or harass the other person. to dismiss the application on the grounds that it is malicious, deliberately false, frivolous or vexatious.\n(sec.157-ssec.3) In this section— party includes an aggrieved.\n- (a) to dismiss the application and, in doing so, also decides that the party, in making the application, intentionally engaged in behaviour, or continued a pattern of behaviour, towards the respondent to the application that is domestic violence; or Note— This type of behaviour is known as systems abuse or legal abuse. It is behaviour in which a person intentionally misuses the legal system, including, for example, by starting court proceedings based on false allegations against another person, as a way to intentionally exert control or dominance over the other person or to torment, intimidate or harass the other person.\n- (b) to dismiss the application on the grounds that it is malicious, deliberately false, frivolous or vexatious.","sortOrder":285},{"sectionNumber":"pt.5-div.3A","sectionType":"division","heading":"Reopening proceedings","content":"## Reopening proceedings","sortOrder":286},{"sectionNumber":"sec.157A","sectionType":"section","heading":"Reopening particular proceedings decided in respondent’s absence","content":"### sec.157A Reopening particular proceedings decided in respondent’s absence\n\nThe respondent to an application to make or vary a protection order may apply to the court to reopen the proceeding for the application if—\nthe application was served on the respondent under a substituted service order; and\nthe application was not, and could not reasonably have been, brought to the respondent’s attention, despite being served in a way stated in the substituted service order; and\nthe respondent was not present in court when the application was heard and decided.\nThe respondent must make an application to reopen the proceeding within 28 days after the day on which the respondent became aware that the protection order the subject of the application had been made or varied.\nThe court may reopen the proceeding if the court is satisfied the grounds mentioned in subsection (1) are established.\nIf the proceeding is reopened and the respondent fails to appear before the court that is to rehear and decide the reopened proceeding, the respondent may only make another application under this section with the leave of the court.\ns 157A ins 2023 No. 1 s 50\n(sec.157A-ssec.1) The respondent to an application to make or vary a protection order may apply to the court to reopen the proceeding for the application if— the application was served on the respondent under a substituted service order; and the application was not, and could not reasonably have been, brought to the respondent’s attention, despite being served in a way stated in the substituted service order; and the respondent was not present in court when the application was heard and decided.\n(sec.157A-ssec.2) The respondent must make an application to reopen the proceeding within 28 days after the day on which the respondent became aware that the protection order the subject of the application had been made or varied.\n(sec.157A-ssec.3) The court may reopen the proceeding if the court is satisfied the grounds mentioned in subsection (1) are established.\n(sec.157A-ssec.4) If the proceeding is reopened and the respondent fails to appear before the court that is to rehear and decide the reopened proceeding, the respondent may only make another application under this section with the leave of the court.\n- (a) the application was served on the respondent under a substituted service order; and\n- (b) the application was not, and could not reasonably have been, brought to the respondent’s attention, despite being served in a way stated in the substituted service order; and\n- (c) the respondent was not present in court when the application was heard and decided.","sortOrder":287},{"sectionNumber":"sec.157B","sectionType":"section","heading":"Effect of decision to reopen proceeding","content":"### sec.157B Effect of decision to reopen proceeding\n\nA decision of the court to reopen a proceeding does not affect the operation of the decision in the proceeding, or a domestic violence order made or varied in the proceeding, or prevent the taking of action to implement the decision or order.\nHowever, the court may make an order staying the operation of the decision, domestic violence order or varied order until the reopened proceeding is decided.\nThe court may act under subsection (2) on the application of a party or on its own initiative.\ns 157B ins 2023 No. 1 s 50\n(sec.157B-ssec.1) A decision of the court to reopen a proceeding does not affect the operation of the decision in the proceeding, or a domestic violence order made or varied in the proceeding, or prevent the taking of action to implement the decision or order.\n(sec.157B-ssec.2) However, the court may make an order staying the operation of the decision, domestic violence order or varied order until the reopened proceeding is decided.\n(sec.157B-ssec.3) The court may act under subsection (2) on the application of a party or on its own initiative.","sortOrder":288},{"sectionNumber":"sec.157C","sectionType":"section","heading":"Rehearing reopened proceeding","content":"### sec.157C Rehearing reopened proceeding\n\nThe court may decide a reopened proceeding in any way it considers appropriate, including, for example, by hearing the proceeding afresh, in whole or part.\nFor an appeal against a decision the subject of the reopened proceeding, the time for starting the appeal starts on the day the court makes the decision under the reopened proceeding.\nThis division does not otherwise affect a right of appeal.\ns 157C ins 2023 No. 1 s 50\n(sec.157C-ssec.1) The court may decide a reopened proceeding in any way it considers appropriate, including, for example, by hearing the proceeding afresh, in whole or part.\n(sec.157C-ssec.2) For an appeal against a decision the subject of the reopened proceeding, the time for starting the appeal starts on the day the court makes the decision under the reopened proceeding.\n(sec.157C-ssec.3) This division does not otherwise affect a right of appeal.","sortOrder":289},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Confidentiality","content":"## Confidentiality","sortOrder":290},{"sectionNumber":"sec.157D","sectionType":"section","heading":"Definitions for division","content":"### sec.157D Definitions for division\n\nIn this division—\naccredited media entity means an entity listed as an accredited media entity in the Supreme Court’s media accreditation policy.\nidentifying matter , in relation to a person, means—\nthe name, address, place of employment or another particular of the person or another person that is likely to lead to the identification of the person; or\na photograph, picture, videotape, digital image or other visual representation or physical description of the person or another person that is likely to lead to the identification of the person; or\nthe location of the court in which the proceeding was conducted that is likely to lead to the identification of the person; or\nthe name of the presiding magistrate, the prosecutor, the defence lawyer, a support person or a witness in the proceeding that is likely to lead to the identification of the person; or\na material fact in the proceeding that is likely to lead to the identification of the person.\nproceeding under this Act includes a proceeding for an offence against a provision of part 7 .\nSupreme Court’s media accreditation policy means the media accreditation policy in effect and made under or appended to a practice direction of the Supreme Court.\ns 157D ins 2024 No. 5 s 32\n- (a) the name, address, place of employment or another particular of the person or another person that is likely to lead to the identification of the person; or\n- (b) a photograph, picture, videotape, digital image or other visual representation or physical description of the person or another person that is likely to lead to the identification of the person; or\n- (c) the location of the court in which the proceeding was conducted that is likely to lead to the identification of the person; or\n- (d) the name of the presiding magistrate, the prosecutor, the defence lawyer, a support person or a witness in the proceeding that is likely to lead to the identification of the person; or\n- (e) a material fact in the proceeding that is likely to lead to the identification of the person.","sortOrder":291},{"sectionNumber":"sec.157E","sectionType":"section","heading":"What information identifies or is likely to identify a person","content":"### sec.157E What information identifies or is likely to identify a person\n\nFor this division, information identifies or is likely to lead to the identification of a person if the information includes identifying matter about the person.\ns 157E ins 2024 No. 5 s 32","sortOrder":292},{"sectionNumber":"sec.158","sectionType":"section","heading":"Court to be closed","content":"### sec.158 Court to be closed\n\nA court hearing an application under this Act is not to be open to the public.\nHowever, the court may open the proceeding or part of the proceeding to the public or specific persons.\nThe court is hearing another proceeding that concerns the same events upon which the domestic violence proceeding is based and the other proceeding is required to be held in open court.\nThe court considers that it is in the public interest to hear the proceeding in open court because the aggrieved and respondent are well-known to the public and a closed court may result in an inaccurate representation of the proceeding.\nAlso, an aggrieved is entitled to have an adult with the aggrieved throughout the proceeding to provide support and other help.\n(sec.158-ssec.1) A court hearing an application under this Act is not to be open to the public.\n(sec.158-ssec.2) However, the court may open the proceeding or part of the proceeding to the public or specific persons. The court is hearing another proceeding that concerns the same events upon which the domestic violence proceeding is based and the other proceeding is required to be held in open court. The court considers that it is in the public interest to hear the proceeding in open court because the aggrieved and respondent are well-known to the public and a closed court may result in an inaccurate representation of the proceeding.\n(sec.158-ssec.3) Also, an aggrieved is entitled to have an adult with the aggrieved throughout the proceeding to provide support and other help.\n- 1 The court is hearing another proceeding that concerns the same events upon which the domestic violence proceeding is based and the other proceeding is required to be held in open court.\n- 2 The court considers that it is in the public interest to hear the proceeding in open court because the aggrieved and respondent are well-known to the public and a closed court may result in an inaccurate representation of the proceeding.","sortOrder":293},{"sectionNumber":"sec.159","sectionType":"section","heading":"Prohibition on publication of certain information for proceeding","content":"### sec.159 Prohibition on publication of certain information for proceeding\n\nA person must not publish—\ninformation, including a photograph, picture, videotape and any other visual representation, given in evidence in a proceeding under this Act in a court; or\ninformation that identifies, or is likely to lead to the identification of—\na person as a party to a proceeding under this Act; or\na person as a witness in a proceeding under this Act (other than a police officer); or\na child.\nMaximum penalty—\nfor an individual—100 penalty units or 2 years imprisonment; or\nfor a corporation—1,000 penalty units.\nHowever, subsection (1) does not apply—\nif the court expressly authorises the information to be published; or\nif each person to whom the information relates consents to the information being published; or\nto the display of a notice in the premises of a court; or\nto the publication of information for the purpose of a recognised series of law reports or an official website for the publication of judgments, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or\nto the publication of information for approved research, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or\nto the publication of information by an accredited media entity, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or\nif the publication is expressly permitted or required under this or another Act; or\nif the publication is permitted under a regulation.\nIn this section—\npublish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.\ns 159 amd 2024 No. 5 s 33\n(sec.159-ssec.1) A person must not publish— information, including a photograph, picture, videotape and any other visual representation, given in evidence in a proceeding under this Act in a court; or information that identifies, or is likely to lead to the identification of— a person as a party to a proceeding under this Act; or a person as a witness in a proceeding under this Act (other than a police officer); or a child. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units.\n(sec.159-ssec.2) However, subsection (1) does not apply— if the court expressly authorises the information to be published; or if each person to whom the information relates consents to the information being published; or to the display of a notice in the premises of a court; or to the publication of information for the purpose of a recognised series of law reports or an official website for the publication of judgments, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or to the publication of information for approved research, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or to the publication of information by an accredited media entity, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or if the publication is expressly permitted or required under this or another Act; or if the publication is permitted under a regulation.\n(sec.159-ssec.3) In this section— publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.\n- (a) information, including a photograph, picture, videotape and any other visual representation, given in evidence in a proceeding under this Act in a court; or\n- (b) information that identifies, or is likely to lead to the identification of— (i) a person as a party to a proceeding under this Act; or (ii) a person as a witness in a proceeding under this Act (other than a police officer); or (iii) a child.\n- (i) a person as a party to a proceeding under this Act; or\n- (ii) a person as a witness in a proceeding under this Act (other than a police officer); or\n- (iii) a child.\n- (i) a person as a party to a proceeding under this Act; or\n- (ii) a person as a witness in a proceeding under this Act (other than a police officer); or\n- (iii) a child.\n- (a) for an individual—100 penalty units or 2 years imprisonment; or\n- (b) for a corporation—1,000 penalty units.\n- (a) if the court expressly authorises the information to be published; or\n- (b) if each person to whom the information relates consents to the information being published; or\n- (c) to the display of a notice in the premises of a court; or\n- (d) to the publication of information for the purpose of a recognised series of law reports or an official website for the publication of judgments, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or\n- (e) to the publication of information for approved research, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or\n- (f) to the publication of information by an accredited media entity, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or\n- (g) if the publication is expressly permitted or required under this or another Act; or\n- (h) if the publication is permitted under a regulation.","sortOrder":294},{"sectionNumber":"sec.160","sectionType":"section","heading":"Prohibition on obtaining copies of documents for proceeding","content":"### sec.160 Prohibition on obtaining copies of documents for proceeding\n\nA person is not entitled to a copy of—\nany part of the record of a proceeding under this Act; or\nany document used or tendered in a proceeding under this Act.\nHowever, subsection (1) does not apply to—\na party to the proceeding; or\na person named in an order made in the proceeding; or\na person expressly authorised by the court to obtain a copy of the record or document; or\na person, other than a media entity including an accredited media entity, expressly authorised by the chief executive (magistrates court) to obtain a copy of the record or document; or\na person authorised by the chief executive (magistrates court) under section 161 ; or\nan accredited media entity authorised by a judicial officer under section 161A ; or\nan Australian court, if the copy of the record or document is relevant to a proceeding before that court; or\na police officer, if—\nthe court considers an offence may have been committed, an investigation into whether the offence has been committed is warranted, and the copy of the record is relevant to the investigation; or\nthe copy of the record is otherwise relevant to the investigation or prosecution of an offence, or another proceeding related to an offence; or\nthe director under the Director of Public Prosecutions Act 1984 or a police prosecutor, if the copy of the record is relevant to the prosecution of an offence or another proceeding related to an offence.\nIn this section—\nAustralian court means a court of the Commonwealth or a State or Territory.\ns 160 amd 2016 No. 51 s 43 ; 2024 No. 5 s 34\n(sec.160-ssec.1) A person is not entitled to a copy of— any part of the record of a proceeding under this Act; or any document used or tendered in a proceeding under this Act.\n(sec.160-ssec.2) However, subsection (1) does not apply to— a party to the proceeding; or a person named in an order made in the proceeding; or a person expressly authorised by the court to obtain a copy of the record or document; or a person, other than a media entity including an accredited media entity, expressly authorised by the chief executive (magistrates court) to obtain a copy of the record or document; or a person authorised by the chief executive (magistrates court) under section 161 ; or an accredited media entity authorised by a judicial officer under section 161A ; or an Australian court, if the copy of the record or document is relevant to a proceeding before that court; or a police officer, if— the court considers an offence may have been committed, an investigation into whether the offence has been committed is warranted, and the copy of the record is relevant to the investigation; or the copy of the record is otherwise relevant to the investigation or prosecution of an offence, or another proceeding related to an offence; or the director under the Director of Public Prosecutions Act 1984 or a police prosecutor, if the copy of the record is relevant to the prosecution of an offence or another proceeding related to an offence.\n(sec.160-ssec.3) In this section— Australian court means a court of the Commonwealth or a State or Territory.\n- (a) any part of the record of a proceeding under this Act; or\n- (b) any document used or tendered in a proceeding under this Act.\n- (a) a party to the proceeding; or\n- (b) a person named in an order made in the proceeding; or\n- (c) a person expressly authorised by the court to obtain a copy of the record or document; or\n- (d) a person, other than a media entity including an accredited media entity, expressly authorised by the chief executive (magistrates court) to obtain a copy of the record or document; or\n- (e) a person authorised by the chief executive (magistrates court) under section 161 ; or\n- (f) an accredited media entity authorised by a judicial officer under section 161A ; or\n- (g) an Australian court, if the copy of the record or document is relevant to a proceeding before that court; or\n- (h) a police officer, if— (i) the court considers an offence may have been committed, an investigation into whether the offence has been committed is warranted, and the copy of the record is relevant to the investigation; or (ii) the copy of the record is otherwise relevant to the investigation or prosecution of an offence, or another proceeding related to an offence; or\n- (i) the court considers an offence may have been committed, an investigation into whether the offence has been committed is warranted, and the copy of the record is relevant to the investigation; or\n- (ii) the copy of the record is otherwise relevant to the investigation or prosecution of an offence, or another proceeding related to an offence; or\n- (i) the director under the Director of Public Prosecutions Act 1984 or a police prosecutor, if the copy of the record is relevant to the prosecution of an offence or another proceeding related to an offence.\n- (i) the court considers an offence may have been committed, an investigation into whether the offence has been committed is warranted, and the copy of the record is relevant to the investigation; or\n- (ii) the copy of the record is otherwise relevant to the investigation or prosecution of an offence, or another proceeding related to an offence; or","sortOrder":295},{"sectionNumber":"sec.160A","sectionType":"section","heading":"Court may make order about disclosure of, or aggrieved’s access to, respondent’s criminal history or domestic violence history","content":"### sec.160A Court may make order about disclosure of, or aggrieved’s access to, respondent’s criminal history or domestic violence history\n\nThis section applies if a copy of a respondent’s criminal history or domestic violence history has been filed in or given to a court hearing an application under this Act.\nThe court may order that a person must not disclose information contained in the respondent’s criminal history or domestic violence history to another person.\nAn order under subsection (2) does not apply to the respondent.\nIf the court is satisfied that all or part of the respondent’s criminal history or domestic violence history is not relevant to deciding the application, the court may decide the application without taking into account, or hearing submissions about, all or the part of the criminal history or domestic violence history.\nthe respondent’s criminal history consists of 1 conviction for a minor stealing offence committed more than 20 years ago\npart of the respondent’s criminal history consists of offences that do not involve violence committed when the respondent was a child\nIf the court decides the application under subsection (4) , the court may order that—\nthe aggrieved or the applicant (if the applicant is not the aggrieved, the respondent or a police officer)—\nnot be given a copy of all or part of the criminal history or domestic violence history; and\nnot be told about the contents of all or part of the criminal history or domestic violence history; and\nif a copy of the criminal history or domestic violence history has been given to a person mentioned in paragraph (a) —the copy be returned to the court.\nThe court may make an order under this section with or without conditions.\nThe court makes an order under this section on its own initiative.\ns 160A ins 2023 No. 1 s 51\n(sec.160A-ssec.1) This section applies if a copy of a respondent’s criminal history or domestic violence history has been filed in or given to a court hearing an application under this Act.\n(sec.160A-ssec.2) The court may order that a person must not disclose information contained in the respondent’s criminal history or domestic violence history to another person.\n(sec.160A-ssec.3) An order under subsection (2) does not apply to the respondent.\n(sec.160A-ssec.4) If the court is satisfied that all or part of the respondent’s criminal history or domestic violence history is not relevant to deciding the application, the court may decide the application without taking into account, or hearing submissions about, all or the part of the criminal history or domestic violence history. the respondent’s criminal history consists of 1 conviction for a minor stealing offence committed more than 20 years ago part of the respondent’s criminal history consists of offences that do not involve violence committed when the respondent was a child\n(sec.160A-ssec.5) If the court decides the application under subsection (4) , the court may order that— the aggrieved or the applicant (if the applicant is not the aggrieved, the respondent or a police officer)— not be given a copy of all or part of the criminal history or domestic violence history; and not be told about the contents of all or part of the criminal history or domestic violence history; and if a copy of the criminal history or domestic violence history has been given to a person mentioned in paragraph (a) —the copy be returned to the court.\n(sec.160A-ssec.6) The court may make an order under this section with or without conditions.\n(sec.160A-ssec.7) The court makes an order under this section on its own initiative.\n- • the respondent’s criminal history consists of 1 conviction for a minor stealing offence committed more than 20 years ago\n- • part of the respondent’s criminal history consists of offences that do not involve violence committed when the respondent was a child\n- (a) the aggrieved or the applicant (if the applicant is not the aggrieved, the respondent or a police officer)— (i) not be given a copy of all or part of the criminal history or domestic violence history; and (ii) not be told about the contents of all or part of the criminal history or domestic violence history; and\n- (i) not be given a copy of all or part of the criminal history or domestic violence history; and\n- (ii) not be told about the contents of all or part of the criminal history or domestic violence history; and\n- (b) if a copy of the criminal history or domestic violence history has been given to a person mentioned in paragraph (a) —the copy be returned to the court.\n- (i) not be given a copy of all or part of the criminal history or domestic violence history; and\n- (ii) not be told about the contents of all or part of the criminal history or domestic violence history; and","sortOrder":296},{"sectionNumber":"sec.161","sectionType":"section","heading":"Research","content":"### sec.161 Research\n\nThe chief executive (magistrates court) may authorise a qualified person to use a document mentioned in section 160 for approved research.\nIf a qualified person is authorised to use a document under subsection (1) , the document must be used for the research in a way that could not reasonably be expected to result in the identification of any of the individuals to whom it relates.\nIn this section—\nqualified person , in relation to particular research, means a person who the chief executive (magistrates court) is satisfied has appropriate qualifications or experience to carry out the research.\n(sec.161-ssec.1) The chief executive (magistrates court) may authorise a qualified person to use a document mentioned in section 160 for approved research.\n(sec.161-ssec.2) If a qualified person is authorised to use a document under subsection (1) , the document must be used for the research in a way that could not reasonably be expected to result in the identification of any of the individuals to whom it relates.\n(sec.161-ssec.3) In this section— qualified person , in relation to particular research, means a person who the chief executive (magistrates court) is satisfied has appropriate qualifications or experience to carry out the research.","sortOrder":297},{"sectionNumber":"sec.161A","sectionType":"section","heading":"Accredited media entity may apply for copy of transcript of proceeding for application","content":"### sec.161A Accredited media entity may apply for copy of transcript of proceeding for application\n\nA judicial officer may authorise an accredited media entity to receive a copy of a transcript of a proceeding for an application for a domestic violence order.\nIn deciding whether to give an authorisation under subsection (1) , the judicial officer must have regard to the principles mentioned in section 4 .\nThe judicial officer may give an authorisation under subsection (1) if—\nthe applicant gives an undertaking to comply with the Domestic and Family Violence Media Guide, as in force at the time the authorisation is given; and\nthe judicial officer is satisfied it is in the public interest to give the authorisation.\nIn this section—\nDomestic and Family Violence Media Guide means the document by that title made by the chief executive and published on the department’s website from time to time.\ns 161A ins 2024 No. 5 s 35\n(sec.161A-ssec.1) A judicial officer may authorise an accredited media entity to receive a copy of a transcript of a proceeding for an application for a domestic violence order.\n(sec.161A-ssec.2) In deciding whether to give an authorisation under subsection (1) , the judicial officer must have regard to the principles mentioned in section 4 .\n(sec.161A-ssec.3) The judicial officer may give an authorisation under subsection (1) if— the applicant gives an undertaking to comply with the Domestic and Family Violence Media Guide, as in force at the time the authorisation is given; and the judicial officer is satisfied it is in the public interest to give the authorisation.\n(sec.161A-ssec.4) In this section— Domestic and Family Violence Media Guide means the document by that title made by the chief executive and published on the department’s website from time to time.\n- (a) the applicant gives an undertaking to comply with the Domestic and Family Violence Media Guide, as in force at the time the authorisation is given; and\n- (b) the judicial officer is satisfied it is in the public interest to give the authorisation.","sortOrder":298},{"sectionNumber":"sec.162","sectionType":"section","heading":"Notification of police commissioner","content":"### sec.162 Notification of police commissioner\n\nThe clerk of the court in which any of the following applications are made, or orders are granted, must give notice of the application or order to the police commissioner—\nan application for a protection order;\nan application for a variation of a domestic violence order;\nan application for—\nvariation of a recognised interstate order; or\nregistration of a New Zealand order; or\nvariation of a New Zealand order as it is registered in Queensland or the period for which the order has effect in Queensland; or\nrevocation of the registration of a New Zealand order;\nan order made because of an application mentioned in paragraph (a) , (b) or (c) , including a temporary protection order;\nan order made on the court’s initiative under section 42 ;\nan order made by the Childrens Court under section 43 .\nThe clerk must give the notice within 1 business day after the day the application is made or order is granted.\ns 162 amd 2016 No. 51 s 56\n(sec.162-ssec.1) The clerk of the court in which any of the following applications are made, or orders are granted, must give notice of the application or order to the police commissioner— an application for a protection order; an application for a variation of a domestic violence order; an application for— variation of a recognised interstate order; or registration of a New Zealand order; or variation of a New Zealand order as it is registered in Queensland or the period for which the order has effect in Queensland; or revocation of the registration of a New Zealand order; an order made because of an application mentioned in paragraph (a) , (b) or (c) , including a temporary protection order; an order made on the court’s initiative under section 42 ; an order made by the Childrens Court under section 43 .\n(sec.162-ssec.2) The clerk must give the notice within 1 business day after the day the application is made or order is granted.\n- (a) an application for a protection order;\n- (b) an application for a variation of a domestic violence order;\n- (c) an application for— (i) variation of a recognised interstate order; or (ii) registration of a New Zealand order; or (iii) variation of a New Zealand order as it is registered in Queensland or the period for which the order has effect in Queensland; or (iv) revocation of the registration of a New Zealand order;\n- (i) variation of a recognised interstate order; or\n- (ii) registration of a New Zealand order; or\n- (iii) variation of a New Zealand order as it is registered in Queensland or the period for which the order has effect in Queensland; or\n- (iv) revocation of the registration of a New Zealand order;\n- (d) an order made because of an application mentioned in paragraph (a) , (b) or (c) , including a temporary protection order;\n- (e) an order made on the court’s initiative under section 42 ;\n- (f) an order made by the Childrens Court under section 43 .\n- (i) variation of a recognised interstate order; or\n- (ii) registration of a New Zealand order; or\n- (iii) variation of a New Zealand order as it is registered in Queensland or the period for which the order has effect in Queensland; or\n- (iv) revocation of the registration of a New Zealand order;","sortOrder":299},{"sectionNumber":"sec.163","sectionType":"section","heading":"Notification of public guardian","content":"### sec.163 Notification of public guardian\n\nThis section applies if—\na court makes a domestic violence order; and\nthe court considers there was domestic violence or associated domestic violence involving an adult with impaired capacity; and\nthe court considers that because of the circumstances involving, or the nature of, the domestic violence or associated domestic violence, the public guardian should be informed about the violence.\nThe court may inform the public guardian, in writing, about the circumstances involving, or the nature of, the domestic violence or associated domestic violence.\ns 163 amd 2014 No. 26 s 232\n(sec.163-ssec.1) This section applies if— a court makes a domestic violence order; and the court considers there was domestic violence or associated domestic violence involving an adult with impaired capacity; and the court considers that because of the circumstances involving, or the nature of, the domestic violence or associated domestic violence, the public guardian should be informed about the violence.\n(sec.163-ssec.2) The court may inform the public guardian, in writing, about the circumstances involving, or the nature of, the domestic violence or associated domestic violence.\n- (a) a court makes a domestic violence order; and\n- (b) the court considers there was domestic violence or associated domestic violence involving an adult with impaired capacity; and\n- (c) the court considers that because of the circumstances involving, or the nature of, the domestic violence or associated domestic violence, the public guardian should be informed about the violence.","sortOrder":300},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":301},{"sectionNumber":"sec.164","sectionType":"section","heading":"Who may appeal","content":"### sec.164 Who may appeal\n\nA person who is aggrieved by any of the following decisions of a court may appeal against the decision—\na decision to make a domestic violence order;\na decision to vary, or refuse to vary, a domestic violence order;\na decision to refuse to make a protection order;\nif the person sought a temporary protection order in a proceeding under this Act—a decision to refuse to make the order;\na decision on an application relating to a police protection direction under part 4 , division 1A , subdivision 5 mentioned in section 100ZD (2) .\ns 164 amd 2015 No. 34 s 11 ; 2025 No. 18 s 28\n- (a) a decision to make a domestic violence order;\n- (b) a decision to vary, or refuse to vary, a domestic violence order;\n- (c) a decision to refuse to make a protection order;\n- (d) if the person sought a temporary protection order in a proceeding under this Act—a decision to refuse to make the order;\n- (e) a decision on an application relating to a police protection direction under part 4 , division 1A , subdivision 5 mentioned in section 100ZD (2) .","sortOrder":302},{"sectionNumber":"sec.165","sectionType":"section","heading":"How to start appeal","content":"### sec.165 How to start appeal\n\nThe appeal is started by filing a notice of appeal with the registrar of the appellate court.\nThe appellant must—\nserve a copy of the notice on—\nthe other persons entitled to appeal against the decision; and\nthe police commissioner; and\nfile a copy of the notice in the court that made the decision being appealed.\nDespite subsection (2) , the registrar may ask the police commissioner to serve a copy of the notice on the persons mentioned in subsection (2) (a) (i) .\nThe notice of appeal must be filed within 28 days after—\nthe day on which the decision is made; or\nif the decision was made in the absence of the appellant, the earlier of the following—\nthe day on which a copy of the decision is served on the appellant;\nthe day on which a police officer tells the appellant about the existence of the decision.\nThe appellate court may at any time extend the period for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal and the facts relied on.\ns 165 amd 2015 No. 34 s 12\n(sec.165-ssec.1) The appeal is started by filing a notice of appeal with the registrar of the appellate court.\n(sec.165-ssec.2) The appellant must— serve a copy of the notice on— the other persons entitled to appeal against the decision; and the police commissioner; and file a copy of the notice in the court that made the decision being appealed.\n(sec.165-ssec.3) Despite subsection (2) , the registrar may ask the police commissioner to serve a copy of the notice on the persons mentioned in subsection (2) (a) (i) .\n(sec.165-ssec.4) The notice of appeal must be filed within 28 days after— the day on which the decision is made; or if the decision was made in the absence of the appellant, the earlier of the following— the day on which a copy of the decision is served on the appellant; the day on which a police officer tells the appellant about the existence of the decision.\n(sec.165-ssec.5) The appellate court may at any time extend the period for filing the notice of appeal.\n(sec.165-ssec.6) The notice of appeal must state fully the grounds of the appeal and the facts relied on.\n- (a) serve a copy of the notice on— (i) the other persons entitled to appeal against the decision; and (ii) the police commissioner; and\n- (i) the other persons entitled to appeal against the decision; and\n- (ii) the police commissioner; and\n- (b) file a copy of the notice in the court that made the decision being appealed.\n- (i) the other persons entitled to appeal against the decision; and\n- (ii) the police commissioner; and\n- (a) the day on which the decision is made; or\n- (b) if the decision was made in the absence of the appellant, the earlier of the following— (i) the day on which a copy of the decision is served on the appellant; (ii) the day on which a police officer tells the appellant about the existence of the decision.\n- (i) the day on which a copy of the decision is served on the appellant;\n- (ii) the day on which a police officer tells the appellant about the existence of the decision.\n- (i) the day on which a copy of the decision is served on the appellant;\n- (ii) the day on which a police officer tells the appellant about the existence of the decision.","sortOrder":303},{"sectionNumber":"sec.166","sectionType":"section","heading":"Effect of appeal on decision","content":"### sec.166 Effect of appeal on decision\n\nThe start of an appeal against a decision of the court does not affect the operation of the decision or prevent the taking of action to implement the decision.\nHowever, the court or the appellate court may make an order staying the operation of the decision being appealed against until the appeal is finally decided.\nThe court or the appellate court may act under subsection (2) on the application of the appellant or on its own initiative.\ns 166 amd 2015 No. 34 s 13\n(sec.166-ssec.1) The start of an appeal against a decision of the court does not affect the operation of the decision or prevent the taking of action to implement the decision.\n(sec.166-ssec.2) However, the court or the appellate court may make an order staying the operation of the decision being appealed against until the appeal is finally decided.\n(sec.166-ssec.3) The court or the appellate court may act under subsection (2) on the application of the appellant or on its own initiative.","sortOrder":304},{"sectionNumber":"sec.167","sectionType":"section","heading":"Police commissioner has right of appearance","content":"### sec.167 Police commissioner has right of appearance\n\nThe police commissioner has a right to appear and be heard before the appellate court on an appeal under this division.","sortOrder":305},{"sectionNumber":"sec.168","sectionType":"section","heading":"Hearing procedures","content":"### sec.168 Hearing procedures\n\nAn appeal must be decided on the evidence and proceedings before the court that made the decision being appealed.\nHowever, the appellate court may order that the appeal be heard afresh, in whole or part.\n(sec.168-ssec.1) An appeal must be decided on the evidence and proceedings before the court that made the decision being appealed.\n(sec.168-ssec.2) However, the appellate court may order that the appeal be heard afresh, in whole or part.","sortOrder":306},{"sectionNumber":"sec.169","sectionType":"section","heading":"Powers of appellate court","content":"### sec.169 Powers of appellate court\n\nIn deciding an appeal, the appellate court may—\nconfirm the decision appealed against; or\nvary the decision appealed against; or\nset aside the decision and substitute another decision; or\nset aside the decision appealed against and remit the matter to the court that made the decision.\nThe decision of the appellate court upon an appeal shall be final and conclusive.\nAn appellate court may, on its own initiative or on the application of a party to the proceeding, if the court considers it necessary or desirable, make a temporary protection order when the court —\nadjourns an appeal; or\nsets aside a decision and remits the matter under subsection (1) (d) .\ns 169 amd 2024 No. 45 s 109\n(sec.169-ssec.1) In deciding an appeal, the appellate court may— confirm the decision appealed against; or vary the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision appealed against and remit the matter to the court that made the decision.\n(sec.169-ssec.2) The decision of the appellate court upon an appeal shall be final and conclusive.\n(sec.169-ssec.3) An appellate court may, on its own initiative or on the application of a party to the proceeding, if the court considers it necessary or desirable, make a temporary protection order when the court — adjourns an appeal; or sets aside a decision and remits the matter under subsection (1) (d) .\n- (a) confirm the decision appealed against; or\n- (b) vary the decision appealed against; or\n- (c) set aside the decision and substitute another decision; or\n- (d) set aside the decision appealed against and remit the matter to the court that made the decision.\n- (a) adjourns an appeal; or\n- (b) sets aside a decision and remits the matter under subsection (1) (d) .","sortOrder":307},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Information sharing","content":"# Information sharing","sortOrder":308},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":309},{"sectionNumber":"sec.169A","sectionType":"section","heading":"Purpose of part","content":"### sec.169A Purpose of part\n\nThe purpose of this part is to enable particular entities to share information, while protecting the confidentiality of the information, to—\nassess whether there is a serious threat to the life, health or safety of people because of domestic violence; and\nrespond to serious threats to the life, health or safety of people because of domestic violence; and\nrefer people who fear or experience domestic violence, or who commit domestic violence, to specialist DFV service providers.\ns 169A ins 2016 No. 51 s 44\n- (a) assess whether there is a serious threat to the life, health or safety of people because of domestic violence; and\n- (b) respond to serious threats to the life, health or safety of people because of domestic violence; and\n- (c) refer people who fear or experience domestic violence, or who commit domestic violence, to specialist DFV service providers.","sortOrder":310},{"sectionNumber":"sec.169B","sectionType":"section","heading":"Principles for sharing information","content":"### sec.169B Principles for sharing information\n\nThe principles underlying this part are—\nwhenever safe, possible and practical, a person’s consent should be obtained before—\nproviding, or planning to provide, a service to the person; or\ndisclosing personal information about the person to someone else; and\nbecause the safety, protection and wellbeing of people who fear or experience domestic violence are paramount, their safety and protection take precedence over the principle mentioned in paragraph (a) ; and\nbefore disclosing information about a person to someone else, an entity should consider whether disclosing the information is likely to adversely affect the safety of the person or another person.\ns 169B ins 2016 No. 51 s 44\n- (a) whenever safe, possible and practical, a person’s consent should be obtained before— (i) providing, or planning to provide, a service to the person; or (ii) disclosing personal information about the person to someone else; and\n- (i) providing, or planning to provide, a service to the person; or\n- (ii) disclosing personal information about the person to someone else; and\n- (b) because the safety, protection and wellbeing of people who fear or experience domestic violence are paramount, their safety and protection take precedence over the principle mentioned in paragraph (a) ; and\n- (c) before disclosing information about a person to someone else, an entity should consider whether disclosing the information is likely to adversely affect the safety of the person or another person.\n- (i) providing, or planning to provide, a service to the person; or\n- (ii) disclosing personal information about the person to someone else; and","sortOrder":311},{"sectionNumber":"sec.169C","sectionType":"section","heading":"Definitions for part","content":"### sec.169C Definitions for part\n\nIn this part—\ninformation includes a document.\nprescribed entity means each of the following—\nthe chief executive of a department that is mainly responsible for any of the following matters—\nadult corrective services;\nchild protection services;\ncommunity services;\ncourt services;\ndisability services;\neducation;\nhousing services;\npublic health services;\nyouth justice services;\nthe chief executive of another department that provides services to persons who fear or experience domestic violence or who commit domestic violence;\nthe commissioner under the Ambulance Service Act 1991 ;\nthe police commissioner;\nthe chief executive officer of Mater Misericordiae Ltd (ACN 096 708 922);\na health service chief executive under the Hospital and Health Boards Act 2011 ;\nthe principal of a school that is accredited, or provisionally accredited, under the Education (Accreditation of Non-State Schools) Act 2001 ;\nanother entity prescribed by regulation.\nspecialist DFV service provider means a non-government entity funded by the State or Commonwealth to provide services to persons who fear or experience domestic violence or who commit domestic violence.\nsupport service provider means a non-government entity, other than a specialist DFV service provider, that provides assistance or support services to persons who may include persons who fear or experience domestic violence or who commit domestic violence.\ncounselling\ndisability services\nhealth services\nhousing and homelessness services\nlegal services\nsexual assault services\nIn this part, a reference to domestic violence includes a reference to associated domestic violence.\ns 169C ins 2016 No. 51 s 44\n(sec.169C-ssec.1) In this part— information includes a document. prescribed entity means each of the following— the chief executive of a department that is mainly responsible for any of the following matters— adult corrective services; child protection services; community services; court services; disability services; education; housing services; public health services; youth justice services; the chief executive of another department that provides services to persons who fear or experience domestic violence or who commit domestic violence; the commissioner under the Ambulance Service Act 1991 ; the police commissioner; the chief executive officer of Mater Misericordiae Ltd (ACN 096 708 922); a health service chief executive under the Hospital and Health Boards Act 2011 ; the principal of a school that is accredited, or provisionally accredited, under the Education (Accreditation of Non-State Schools) Act 2001 ; another entity prescribed by regulation. specialist DFV service provider means a non-government entity funded by the State or Commonwealth to provide services to persons who fear or experience domestic violence or who commit domestic violence. support service provider means a non-government entity, other than a specialist DFV service provider, that provides assistance or support services to persons who may include persons who fear or experience domestic violence or who commit domestic violence. counselling disability services health services housing and homelessness services legal services sexual assault services\n(sec.169C-ssec.2) In this part, a reference to domestic violence includes a reference to associated domestic violence.\n- (a) the chief executive of a department that is mainly responsible for any of the following matters— (i) adult corrective services; (ii) child protection services; (iii) community services; (iv) court services; (v) disability services; (vi) education; (vii) housing services; (viii) public health services; (ix) youth justice services;\n- (i) adult corrective services;\n- (ii) child protection services;\n- (iii) community services;\n- (iv) court services;\n- (v) disability services;\n- (vi) education;\n- (vii) housing services;\n- (viii) public health services;\n- (ix) youth justice services;\n- (b) the chief executive of another department that provides services to persons who fear or experience domestic violence or who commit domestic violence;\n- (c) the commissioner under the Ambulance Service Act 1991 ;\n- (d) the police commissioner;\n- (e) the chief executive officer of Mater Misericordiae Ltd (ACN 096 708 922);\n- (f) a health service chief executive under the Hospital and Health Boards Act 2011 ;\n- (g) the principal of a school that is accredited, or provisionally accredited, under the Education (Accreditation of Non-State Schools) Act 2001 ;\n- (h) another entity prescribed by regulation.\n- (i) adult corrective services;\n- (ii) child protection services;\n- (iii) community services;\n- (iv) court services;\n- (v) disability services;\n- (vi) education;\n- (vii) housing services;\n- (viii) public health services;\n- (ix) youth justice services;\n- • counselling\n- • disability services\n- • health services\n- • housing and homelessness services\n- • legal services\n- • sexual assault services","sortOrder":312},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Information sharing","content":"## Information sharing","sortOrder":313},{"sectionNumber":"sec.169D","sectionType":"section","heading":"Sharing information for assessing domestic violence threat","content":"### sec.169D Sharing information for assessing domestic violence threat\n\nA prescribed entity or specialist DFV service provider (each the holder ) may give information to another prescribed entity or specialist DFV service provider if the holder reasonably believes—\na person fears or is experiencing domestic violence; and\nthe information may help the entity receiving the information to assess whether there is a serious threat to the person’s life, health or safety because of the domestic violence.\nAlso, a support service provider (the holder ) may give information to a prescribed entity or specialist DFV service provider if the holder reasonably believes—\na person fears or is experiencing domestic violence; and\nthe information may help the entity receiving the information to assess whether there is a serious threat to the person’s life, health or safety because of the domestic violence.\ns 169D ins 2016 No. 51 s 44\n(sec.169D-ssec.1) A prescribed entity or specialist DFV service provider (each the holder ) may give information to another prescribed entity or specialist DFV service provider if the holder reasonably believes— a person fears or is experiencing domestic violence; and the information may help the entity receiving the information to assess whether there is a serious threat to the person’s life, health or safety because of the domestic violence.\n(sec.169D-ssec.2) Also, a support service provider (the holder ) may give information to a prescribed entity or specialist DFV service provider if the holder reasonably believes— a person fears or is experiencing domestic violence; and the information may help the entity receiving the information to assess whether there is a serious threat to the person’s life, health or safety because of the domestic violence.\n- (a) a person fears or is experiencing domestic violence; and\n- (b) the information may help the entity receiving the information to assess whether there is a serious threat to the person’s life, health or safety because of the domestic violence.\n- (a) a person fears or is experiencing domestic violence; and\n- (b) the information may help the entity receiving the information to assess whether there is a serious threat to the person’s life, health or safety because of the domestic violence.","sortOrder":314},{"sectionNumber":"sec.169E","sectionType":"section","heading":"Sharing information for responding to serious domestic violence threat","content":"### sec.169E Sharing information for responding to serious domestic violence threat\n\nA prescribed entity, specialist DFV service provider or support service provider (each the holder ) may give information to another prescribed entity, specialist DFV service provider or support service provider if the holder reasonably believes—\na person fears or is experiencing domestic violence; and\nthe information may help the entity receiving the information to lessen or prevent a serious threat to the person’s life, health or safety because of the domestic violence.\ns 169E ins 2016 No. 51 s 44\n- (a) a person fears or is experiencing domestic violence; and\n- (b) the information may help the entity receiving the information to lessen or prevent a serious threat to the person’s life, health or safety because of the domestic violence.","sortOrder":315},{"sectionNumber":"sec.169F","sectionType":"section","heading":"Police officer may refer person to specialist DFV service provider","content":"### sec.169F Police officer may refer person to specialist DFV service provider\n\nA police officer may give referral information about a person to a specialist DFV service provider if the police officer reasonably believes—\nthe person fears or is experiencing domestic violence and there is a threat to the person’s life, health or safety because of the domestic violence; or\nthe person has committed domestic violence against another person.\nThe following information about a person is referral information —\nthe person’s name;\nthe person’s contact details, including, for example, the person’s telephone number or email address;\ndetails of the basis for the reasonable belief;\nany other information that is, in the police officer’s opinion, reasonably necessary to assist the entity receiving the information to offer to provide a service to the person.\nwhether the person is the primary carer of children\ns 169F ins 2016 No. 51 s 44\n(sec.169F-ssec.1) A police officer may give referral information about a person to a specialist DFV service provider if the police officer reasonably believes— the person fears or is experiencing domestic violence and there is a threat to the person’s life, health or safety because of the domestic violence; or the person has committed domestic violence against another person.\n(sec.169F-ssec.2) The following information about a person is referral information — the person’s name; the person’s contact details, including, for example, the person’s telephone number or email address; details of the basis for the reasonable belief; any other information that is, in the police officer’s opinion, reasonably necessary to assist the entity receiving the information to offer to provide a service to the person. whether the person is the primary carer of children\n- (a) the person fears or is experiencing domestic violence and there is a threat to the person’s life, health or safety because of the domestic violence; or\n- (b) the person has committed domestic violence against another person.\n- (a) the person’s name;\n- (b) the person’s contact details, including, for example, the person’s telephone number or email address;\n- (c) details of the basis for the reasonable belief;\n- (d) any other information that is, in the police officer’s opinion, reasonably necessary to assist the entity receiving the information to offer to provide a service to the person. Example for paragraph (d) — whether the person is the primary carer of children","sortOrder":316},{"sectionNumber":"sec.169G","sectionType":"section","heading":"Permitted uses of shared information","content":"### sec.169G Permitted uses of shared information\n\nA prescribed entity or specialist DFV service provider may use information given to it under this division to the extent necessary to do the following—\nassess whether there is a serious threat to a person’s life, health or safety because of domestic violence;\nlessen or prevent a serious threat to a person’s life, health or safety because of domestic violence, including by—\ncontacting, or attempting to contact, the person or another person involved in the domestic violence; or\noffering to provide assistance or a service to the person or another person involved in the domestic violence.\nA support service provider may use information given to it under this division to the extent necessary to lessen or prevent a serious threat to a person’s life, health or safety because of domestic violence, including by—\ncontacting, or attempting to contact, the person or another person involved in the domestic violence; or\noffering to provide assistance or a service to the person or another person involved in the domestic violence.\ns 169G ins 2016 No. 51 s 44\n(sec.169G-ssec.1) A prescribed entity or specialist DFV service provider may use information given to it under this division to the extent necessary to do the following— assess whether there is a serious threat to a person’s life, health or safety because of domestic violence; lessen or prevent a serious threat to a person’s life, health or safety because of domestic violence, including by— contacting, or attempting to contact, the person or another person involved in the domestic violence; or offering to provide assistance or a service to the person or another person involved in the domestic violence.\n(sec.169G-ssec.2) A support service provider may use information given to it under this division to the extent necessary to lessen or prevent a serious threat to a person’s life, health or safety because of domestic violence, including by— contacting, or attempting to contact, the person or another person involved in the domestic violence; or offering to provide assistance or a service to the person or another person involved in the domestic violence.\n- (a) assess whether there is a serious threat to a person’s life, health or safety because of domestic violence;\n- (b) lessen or prevent a serious threat to a person’s life, health or safety because of domestic violence, including by— (i) contacting, or attempting to contact, the person or another person involved in the domestic violence; or (ii) offering to provide assistance or a service to the person or another person involved in the domestic violence.\n- (i) contacting, or attempting to contact, the person or another person involved in the domestic violence; or\n- (ii) offering to provide assistance or a service to the person or another person involved in the domestic violence.\n- (i) contacting, or attempting to contact, the person or another person involved in the domestic violence; or\n- (ii) offering to provide assistance or a service to the person or another person involved in the domestic violence.\n- (a) contacting, or attempting to contact, the person or another person involved in the domestic violence; or\n- (b) offering to provide assistance or a service to the person or another person involved in the domestic violence.","sortOrder":317},{"sectionNumber":"sec.169H","sectionType":"section","heading":"Who may give or receive information on behalf of entity","content":"### sec.169H Who may give or receive information on behalf of entity\n\nThis section applies if an entity, including a prescribed entity, specialist DFV service provider or support service provider, may give, receive or use information under this division.\nA person mentioned in subsection (3) may give, receive or use the information for the entity if—\nthe person’s duties for the entity include—\nassessing threats to life, health or safety because of domestic violence; or\ntaking action to lessen or prevent threats to life, health or safety because of domestic violence, including by providing assistance or a service to a person involved in the domestic violence; or\nthe person is otherwise authorised by the entity to give, receive or use the information.\nFor subsection (2) , the persons are the following—\na person employed or engaged by the entity;\nif the entity is the police commissioner—a police officer or a staff member of the police service under the Police Service Administration Act 1990 .\ns 169H ins 2016 No. 51 s 44\namd 2020 No. 7 s 17\n(sec.169H-ssec.1) This section applies if an entity, including a prescribed entity, specialist DFV service provider or support service provider, may give, receive or use information under this division.\n(sec.169H-ssec.2) A person mentioned in subsection (3) may give, receive or use the information for the entity if— the person’s duties for the entity include— assessing threats to life, health or safety because of domestic violence; or taking action to lessen or prevent threats to life, health or safety because of domestic violence, including by providing assistance or a service to a person involved in the domestic violence; or the person is otherwise authorised by the entity to give, receive or use the information.\n(sec.169H-ssec.3) For subsection (2) , the persons are the following— a person employed or engaged by the entity; if the entity is the police commissioner—a police officer or a staff member of the police service under the Police Service Administration Act 1990 .\n- (a) the person’s duties for the entity include— (i) assessing threats to life, health or safety because of domestic violence; or (ii) taking action to lessen or prevent threats to life, health or safety because of domestic violence, including by providing assistance or a service to a person involved in the domestic violence; or\n- (i) assessing threats to life, health or safety because of domestic violence; or\n- (ii) taking action to lessen or prevent threats to life, health or safety because of domestic violence, including by providing assistance or a service to a person involved in the domestic violence; or\n- (b) the person is otherwise authorised by the entity to give, receive or use the information.\n- (i) assessing threats to life, health or safety because of domestic violence; or\n- (ii) taking action to lessen or prevent threats to life, health or safety because of domestic violence, including by providing assistance or a service to a person involved in the domestic violence; or\n- (a) a person employed or engaged by the entity;\n- (b) if the entity is the police commissioner—a police officer or a staff member of the police service under the Police Service Administration Act 1990 .","sortOrder":318},{"sectionNumber":"sec.169I","sectionType":"section","heading":"Facts or opinion may be shared","content":"### sec.169I Facts or opinion may be shared\n\nInformation that may be given to an entity under this division may be comprised of facts or opinion.\ns 169I ins 2016 No. 51 s 44","sortOrder":319},{"sectionNumber":"sec.169J","sectionType":"section","heading":"Limits on information that may be shared","content":"### sec.169J Limits on information that may be shared\n\nDespite sections 169D , 169E and 169F , information may not be given to an entity under this division if—\nthe information is about a person’s criminal history to the extent it relates to a conviction, other than a conviction for a domestic violence offence, and—\nthe rehabilitation period for the conviction under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and\nthe conviction is not revived as prescribed by section 11 of that Act; or\nthe information must not be disclosed under the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 ; or\nthe information is confidential information within the meaning of the Director of Public Prosecutions Act 1984 , section 24A known by a person and acquired in the circumstances mentioned in section 24A (1) and (2) of that Act; or\nthe information is—\nsensitive evidence within the meaning of the Criminal Code , section 590AF ; or\na recording within the meaning of the Evidence Act 1977 , section 21AY ; or\na section 93A criminal statement or a section 93A transcript within the meaning of the Evidence Act 1977 , schedule 3 ; or\na recorded statement, or a transcript of a recorded statement, within the meaning of the Evidence Act 1977 , section 103A ; or\ngiving the information would be contrary to an order of a court or tribunal.\ns 169J ins 2016 No. 51 s 44\namd 2022 No. 12 s 31 ; 2022 No. 7 s 132 sch 1\n- (a) the information is about a person’s criminal history to the extent it relates to a conviction, other than a conviction for a domestic violence offence, and— (i) the rehabilitation period for the conviction under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (ii) the conviction is not revived as prescribed by section 11 of that Act; or\n- (i) the rehabilitation period for the conviction under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and\n- (ii) the conviction is not revived as prescribed by section 11 of that Act; or\n- (b) the information must not be disclosed under the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 ; or\n- (c) the information is confidential information within the meaning of the Director of Public Prosecutions Act 1984 , section 24A known by a person and acquired in the circumstances mentioned in section 24A (1) and (2) of that Act; or\n- (d) the information is— (i) sensitive evidence within the meaning of the Criminal Code , section 590AF ; or (ii) a recording within the meaning of the Evidence Act 1977 , section 21AY ; or (iii) a section 93A criminal statement or a section 93A transcript within the meaning of the Evidence Act 1977 , schedule 3 ; or (iv) a recorded statement, or a transcript of a recorded statement, within the meaning of the Evidence Act 1977 , section 103A ; or\n- (i) sensitive evidence within the meaning of the Criminal Code , section 590AF ; or\n- (ii) a recording within the meaning of the Evidence Act 1977 , section 21AY ; or\n- (iii) a section 93A criminal statement or a section 93A transcript within the meaning of the Evidence Act 1977 , schedule 3 ; or\n- (iv) a recorded statement, or a transcript of a recorded statement, within the meaning of the Evidence Act 1977 , section 103A ; or\n- (e) giving the information would be contrary to an order of a court or tribunal.\n- (i) the rehabilitation period for the conviction under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and\n- (ii) the conviction is not revived as prescribed by section 11 of that Act; or\n- (i) sensitive evidence within the meaning of the Criminal Code , section 590AF ; or\n- (ii) a recording within the meaning of the Evidence Act 1977 , section 21AY ; or\n- (iii) a section 93A criminal statement or a section 93A transcript within the meaning of the Evidence Act 1977 , schedule 3 ; or\n- (iv) a recorded statement, or a transcript of a recorded statement, within the meaning of the Evidence Act 1977 , section 103A ; or","sortOrder":320},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Confidentiality of shared information","content":"## Confidentiality of shared information","sortOrder":321},{"sectionNumber":"sec.169K","sectionType":"section","heading":"Confidentiality of information obtained under this part","content":"### sec.169K Confidentiality of information obtained under this part\n\nThis section applies to a person (the receiver ) who—\nis or has been a person employed or engaged by a prescribed entity, specialist DFV service provider or support service provider; and\nin that capacity was given, or given access to, information under this part about another person.\nThis section also applies to a person (also the receiver ) who is given, or is given access to, information about another person by a person mentioned in subsection (1) (a) .\nThe receiver must not use the information, or disclose or give access to the information to anyone else.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nHowever, the receiver may use the information, or disclose or give access to the information to someone else, if the use, disclosure or giving of access—\nis permitted under this part; or\nif the entity that employs or engages the receiver is required to comply with the QPPs under the Information Privacy Act 2009 —complies with the QPPs under that Act; or\nis otherwise required or permitted by law.\nSubsection (4) (b) applies despite the operation of the Information Privacy Act 2009 , section 7 .\ns 169K ins 2016 No. 51 s 44\namd 2023 No. 32 s 141 sch 1 pt 2\n(sec.169K-ssec.1) This section applies to a person (the receiver ) who— is or has been a person employed or engaged by a prescribed entity, specialist DFV service provider or support service provider; and in that capacity was given, or given access to, information under this part about another person.\n(sec.169K-ssec.2) This section also applies to a person (also the receiver ) who is given, or is given access to, information about another person by a person mentioned in subsection (1) (a) .\n(sec.169K-ssec.3) The receiver must not use the information, or disclose or give access to the information to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.169K-ssec.4) However, the receiver may use the information, or disclose or give access to the information to someone else, if the use, disclosure or giving of access— is permitted under this part; or if the entity that employs or engages the receiver is required to comply with the QPPs under the Information Privacy Act 2009 —complies with the QPPs under that Act; or is otherwise required or permitted by law.\n(sec.169K-ssec.5) Subsection (4) (b) applies despite the operation of the Information Privacy Act 2009 , section 7 .\n- (a) is or has been a person employed or engaged by a prescribed entity, specialist DFV service provider or support service provider; and\n- (b) in that capacity was given, or given access to, information under this part about another person.\n- (a) is permitted under this part; or\n- (b) if the entity that employs or engages the receiver is required to comply with the QPPs under the Information Privacy Act 2009 —complies with the QPPs under that Act; or\n- (c) is otherwise required or permitted by law.","sortOrder":322},{"sectionNumber":"sec.169L","sectionType":"section","heading":"Police use of confidential information","content":"### sec.169L Police use of confidential information\n\nThis section applies if a police officer receives information from a prescribed entity, specialist DFV service provider or support service provider under section 169D or 169E .\nThe police officer, and any other police officer to whom the information is disclosed under this section, may use the information to the extent necessary to perform the officer’s functions as a police officer.\nA police officer must not use the information under this section for an investigation or for a proceeding for an offence unless—\nthe police officer, or another police officer, has consulted with the entity that gave the information about the proposed use; and\nin consultation with the entity, the police officer has considered whether the proposed use of the information for the investigation or proceeding would be in the best interests of a person experiencing domestic violence.\nSubsection (3) does not apply to the extent that the police officer needs to use the information immediately in the performance of the officer’s functions as a police officer.\nIn this section—\nuse , in relation to information, includes disclose, or give access to, the information to someone else.\ns 169L ins 2016 No. 51 s 44\n(sec.169L-ssec.1) This section applies if a police officer receives information from a prescribed entity, specialist DFV service provider or support service provider under section 169D or 169E .\n(sec.169L-ssec.2) The police officer, and any other police officer to whom the information is disclosed under this section, may use the information to the extent necessary to perform the officer’s functions as a police officer.\n(sec.169L-ssec.3) A police officer must not use the information under this section for an investigation or for a proceeding for an offence unless— the police officer, or another police officer, has consulted with the entity that gave the information about the proposed use; and in consultation with the entity, the police officer has considered whether the proposed use of the information for the investigation or proceeding would be in the best interests of a person experiencing domestic violence.\n(sec.169L-ssec.4) Subsection (3) does not apply to the extent that the police officer needs to use the information immediately in the performance of the officer’s functions as a police officer.\n(sec.169L-ssec.5) In this section— use , in relation to information, includes disclose, or give access to, the information to someone else.\n- (a) the police officer, or another police officer, has consulted with the entity that gave the information about the proposed use; and\n- (b) in consultation with the entity, the police officer has considered whether the proposed use of the information for the investigation or proceeding would be in the best interests of a person experiencing domestic violence.","sortOrder":323},{"sectionNumber":"pt.5A-div.4","sectionType":"division","heading":"Guidelines for sharing and dealing with information","content":"## Guidelines for sharing and dealing with information","sortOrder":324},{"sectionNumber":"sec.169M","sectionType":"section","heading":"Chief executive must make guidelines","content":"### sec.169M Chief executive must make guidelines\n\nThe chief executive must make guidelines, consistent with this Act and the Information Privacy Act 2009 , for sharing and dealing with information under this part.\nThe purposes of the guidelines are to ensure—\ninformation is shared under this part for proper purposes; and\nto the greatest extent possible, the privacy of individuals is respected when sharing information under this part, having regard to the paramount principle stated in section 4 (1) ; and\ninformation shared under this part is properly used, stored, retained and disposed of.\nIn preparing the guidelines, the chief executive must consult with the privacy commissioner under the Information Privacy Act 2009 .\nThe chief executive must publish the guidelines on the department’s website.\ns 169M ins 2016 No. 51 s 44\n(sec.169M-ssec.1) The chief executive must make guidelines, consistent with this Act and the Information Privacy Act 2009 , for sharing and dealing with information under this part.\n(sec.169M-ssec.2) The purposes of the guidelines are to ensure— information is shared under this part for proper purposes; and to the greatest extent possible, the privacy of individuals is respected when sharing information under this part, having regard to the paramount principle stated in section 4 (1) ; and information shared under this part is properly used, stored, retained and disposed of.\n(sec.169M-ssec.3) In preparing the guidelines, the chief executive must consult with the privacy commissioner under the Information Privacy Act 2009 .\n(sec.169M-ssec.4) The chief executive must publish the guidelines on the department’s website.\n- (a) information is shared under this part for proper purposes; and\n- (b) to the greatest extent possible, the privacy of individuals is respected when sharing information under this part, having regard to the paramount principle stated in section 4 (1) ; and\n- (c) information shared under this part is properly used, stored, retained and disposed of.","sortOrder":325},{"sectionNumber":"pt.5A-div.5","sectionType":"division","heading":"Protection from liability for giving information","content":"## Protection from liability for giving information","sortOrder":326},{"sectionNumber":"sec.169N","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.169N Protection from liability for giving information\n\nThis section applies if a person, acting honestly, gives information in compliance with this part.\nSubject to section 169O , the person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\ns 169N ins 2016 No. 51 s 44\n(sec.169N-ssec.1) This section applies if a person, acting honestly, gives information in compliance with this part.\n(sec.169N-ssec.2) Subject to section 169O , the person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.169N-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.169N-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":327},{"sectionNumber":"sec.169O","sectionType":"section","heading":"Interaction with other laws","content":"### sec.169O Interaction with other laws\n\nThis part does not limit a power or obligation under another Act or law to give information.\nAlso, disclosure of information under this part does not waive, or otherwise affect, a privilege a person may claim in relation to the information under another Act or law.\nSubject to subsection (4) , this part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.\nChild Protection Act 1999 , section 188\nEducation (General Provisions) Act 2006 , section 426\nHospital and Health Boards Act 2011 , section 142 (1)\nPolice Service Administration Act 1990 , section 10 0.1\nYouth Justice Act 1992 , section 288\nThis part applies subject to the following provisions—\nthe Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 ;\nthe Criminal Code , section 590AX ;\nthe Director of Public Prosecutions Act 1984 , section 24A ;\nthe Evidence Act 1977 , sections 21AZB , 21AZC , 93AA and 103Q .\ns 169O ins 2016 No. 51 s 44\namd 2022 No. 12 s 52 s ch 1 pt 2 ; 2022 No. 7 s 132 sch 1\n(sec.169O-ssec.1) This part does not limit a power or obligation under another Act or law to give information.\n(sec.169O-ssec.2) Also, disclosure of information under this part does not waive, or otherwise affect, a privilege a person may claim in relation to the information under another Act or law.\n(sec.169O-ssec.3) Subject to subsection (4) , this part applies to information despite any other law that would otherwise prohibit or restrict the giving of the information. Child Protection Act 1999 , section 188 Education (General Provisions) Act 2006 , section 426 Hospital and Health Boards Act 2011 , section 142 (1) Police Service Administration Act 1990 , section 10 0.1 Youth Justice Act 1992 , section 288\n(sec.169O-ssec.4) This part applies subject to the following provisions— the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 ; the Criminal Code , section 590AX ; the Director of Public Prosecutions Act 1984 , section 24A ; the Evidence Act 1977 , sections 21AZB , 21AZC , 93AA and 103Q .\n- • Child Protection Act 1999 , section 188\n- • Education (General Provisions) Act 2006 , section 426\n- • Hospital and Health Boards Act 2011 , section 142 (1)\n- • Police Service Administration Act 1990 , section 10 0.1\n- • Youth Justice Act 1992 , section 288\n- (a) the Child Protection Act 1999 , chapter 6 , part 6 , division 2 , subdivision 1 ;\n- (b) the Criminal Code , section 590AX ;\n- (c) the Director of Public Prosecutions Act 1984 , section 24A ;\n- (d) the Evidence Act 1977 , sections 21AZB , 21AZC , 93AA and 103Q .","sortOrder":328},{"sectionNumber":"pt.6","sectionType":"part","heading":"National recognition of domestic violence orders","content":"# National recognition of domestic violence orders","sortOrder":329},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":330},{"sectionNumber":"sec.170","sectionType":"section","heading":"Object of part","content":"### sec.170 Object of part\n\nThis part establishes, in conjunction with the corresponding laws, a national recognition scheme for DVOs (or domestic violence orders).\ns 170 sub 2016 No. 51 s 57","sortOrder":331},{"sectionNumber":"sec.171","sectionType":"section","heading":"Definitions for part","content":"### sec.171 Definitions for part\n\nIn this part—\ncorresponding law means a law of another State that contains provisions that substantially correspond with this part.\nDVO means a local order, an interstate order or a New Zealand order.\nfinal order means a DVO that is not an interim order.\ninterim order —\nmeans a DVO of an interim or provisional nature; and\nincludes the following—\na temporary protection order;\na police protection notice;\nrelease conditions;\nanother DVO made by a police officer;\nanother DVO declared by regulation to be an interim order.\ninterstate law enforcement agency means—\nthe police force of another State; or\nanother agency of another State responsible for the enforcement of DVOs in that State.\ninterstate order see section 173 .\nissuing authority means—\ngenerally—a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction; or\nfor a DVO—the court that, or person who, made the DVO.\nlocal order see section 172 .\nmake includes issue.\nNew Zealand order means an order made under the Domestic Violence Act 1995 (NZ) or under an Act repealed by that Act.\nparticipating jurisdiction means the following jurisdictions—\nQueensland;\nanother State in which a corresponding law is enacted.\nproperly notified see section 175 .\nprotected person means—\nin relation to a local order—the aggrieved and each named person; or\notherwise—a person for whose protection or benefit a DVO is made.\nrecognised interstate order see section 176A (1) .\nregistered foreign order see section 174 .\nregistered New Zealand order means a New Zealand order registered under division 4 .\nrespondent means the person against whom a DVO is made.\nrevoke includes cancel.\nvariation application see section 176I (1) .\ns 171 sub 2016 No. 51 s 57\n- (a) means a DVO of an interim or provisional nature; and\n- (b) includes the following— (i) a temporary protection order; (ii) a police protection notice; (iii) release conditions; (iv) another DVO made by a police officer; (v) another DVO declared by regulation to be an interim order.\n- (i) a temporary protection order;\n- (ii) a police protection notice;\n- (iii) release conditions;\n- (iv) another DVO made by a police officer;\n- (v) another DVO declared by regulation to be an interim order.\n- (i) a temporary protection order;\n- (ii) a police protection notice;\n- (iii) release conditions;\n- (iv) another DVO made by a police officer;\n- (v) another DVO declared by regulation to be an interim order.\n- (a) the police force of another State; or\n- (b) another agency of another State responsible for the enforcement of DVOs in that State.\n- (a) generally—a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction; or\n- (b) for a DVO—the court that, or person who, made the DVO.\n- (a) Queensland;\n- (b) another State in which a corresponding law is enacted.\n- (a) in relation to a local order—the aggrieved and each named person; or\n- (b) otherwise—a person for whose protection or benefit a DVO is made.","sortOrder":332},{"sectionNumber":"sec.172","sectionType":"section","heading":"Meaning of local order","content":"### sec.172 Meaning of local order\n\nA local order means a domestic violence order, police protection direction, police protection notice or release conditions.\nA registered New Zealand order is not a local order even though, under section 176 (1)(a), it is taken to have been made in Queensland.\ns 172 sub 2016 No. 51 s 57\namd 2025 No. 18 s 29","sortOrder":333},{"sectionNumber":"sec.173","sectionType":"section","heading":"Meaning of interstate order","content":"### sec.173 Meaning of interstate order\n\nAn interstate order is an order made by a court or a police officer of another State that is declared by regulation to be an interstate order.\nA registered foreign order is not an interstate order even though, under section 176 (1)(a), it is taken to have been made in the State in which it is registered as a registered foreign order.\ns 173 sub 2016 No. 51 s 57","sortOrder":334},{"sectionNumber":"sec.174","sectionType":"section","heading":"Meaning of registered foreign order","content":"### sec.174 Meaning of registered foreign order\n\nA registered foreign order means a New Zealand order that is—\na registered New Zealand order; or\ndeclared by regulation to be a registered foreign order.\ns 174 sub 2016 No. 51 s 57\n- (a) a registered New Zealand order; or\n- (b) declared by regulation to be a registered foreign order.","sortOrder":335},{"sectionNumber":"sec.175","sectionType":"section","heading":"Meaning of properly notified","content":"### sec.175 Meaning of properly notified\n\nThe making of a local order is properly notified under this Act if—\nfor a local order that is a domestic violence order—the respondent is served with a copy of the order under section 133 (1) (a) or 184 or otherwise becomes enforceable against the respondent under section 177 (1) ; or\nA domestic violence order becomes enforceable against a respondent under section 177 (1) when it is made (if the respondent is present in court), when it is served on the respondent or when a police office tells the respondent about the existence of the order and its conditions.\nfor a local order that is a police protection direction—the respondent is served with the direction under section 100O or the direction otherwise takes effect under section 100R (1) ; or\nA police protection direction takes effect under section 100R (1) when it is served on the respondent or when the police officer tells the respondent about the existence of the direction and its conditions.\nfor a local order that is a police protection notice—the respondent is served with the notice under section 109 or the notice otherwise takes effect under section 113 (1) ; or\nA police protection notice takes effect under section 113 (1) when it is served on the respondent or when a police officer tells the respondent about the existence of the notice and its conditions.\nfor a local order that is release conditions—the conditions are served on the respondent under section 124 (1) (e) .\nSee section 188 for additional requirements that apply if a document is required to be served on a child.\nThe making of an interstate order is properly notified under the law of the State in which it is made in the circumstances provided for by the corresponding law of that State.\nA variation to a recognised interstate order that is done in Queensland is properly notified under this Act if—\nthe respondent is served with a copy of the variation under section 184 ; or\nUnder section 91 (5) , a court that varies a local order must make a copy of the order that states the details and conditions of the order after the variation. This is referred to in the Act as the varied order .\nSection 184 sets out the requirements for service of a varied order on the respondent.\nthe variation otherwise takes effect under section 99 .\nA variation to a recognised interstate order or local order that is done in another State is properly notified under the law of that State in the circumstances provided for by the corresponding law of that State.\nDespite subsections (1) and (2) , a registered foreign order is properly notified —\nunder this Act when it is registered under division 4 ; or\nunder the law of another State when it is registered in that State.\ns 175 sub 2016 No. 51 s 57\namd 2025 No. 18 s 30\n(sec.175-ssec.1) The making of a local order is properly notified under this Act if— for a local order that is a domestic violence order—the respondent is served with a copy of the order under section 133 (1) (a) or 184 or otherwise becomes enforceable against the respondent under section 177 (1) ; or A domestic violence order becomes enforceable against a respondent under section 177 (1) when it is made (if the respondent is present in court), when it is served on the respondent or when a police office tells the respondent about the existence of the order and its conditions. for a local order that is a police protection direction—the respondent is served with the direction under section 100O or the direction otherwise takes effect under section 100R (1) ; or A police protection direction takes effect under section 100R (1) when it is served on the respondent or when the police officer tells the respondent about the existence of the direction and its conditions. for a local order that is a police protection notice—the respondent is served with the notice under section 109 or the notice otherwise takes effect under section 113 (1) ; or A police protection notice takes effect under section 113 (1) when it is served on the respondent or when a police officer tells the respondent about the existence of the notice and its conditions. for a local order that is release conditions—the conditions are served on the respondent under section 124 (1) (e) . See section 188 for additional requirements that apply if a document is required to be served on a child.\n(sec.175-ssec.2) The making of an interstate order is properly notified under the law of the State in which it is made in the circumstances provided for by the corresponding law of that State.\n(sec.175-ssec.3) A variation to a recognised interstate order that is done in Queensland is properly notified under this Act if— the respondent is served with a copy of the variation under section 184 ; or Under section 91 (5) , a court that varies a local order must make a copy of the order that states the details and conditions of the order after the variation. This is referred to in the Act as the varied order . Section 184 sets out the requirements for service of a varied order on the respondent. the variation otherwise takes effect under section 99 .\n(sec.175-ssec.4) A variation to a recognised interstate order or local order that is done in another State is properly notified under the law of that State in the circumstances provided for by the corresponding law of that State.\n(sec.175-ssec.5) Despite subsections (1) and (2) , a registered foreign order is properly notified — under this Act when it is registered under division 4 ; or under the law of another State when it is registered in that State.\n- (a) for a local order that is a domestic violence order—the respondent is served with a copy of the order under section 133 (1) (a) or 184 or otherwise becomes enforceable against the respondent under section 177 (1) ; or Note— A domestic violence order becomes enforceable against a respondent under section 177 (1) when it is made (if the respondent is present in court), when it is served on the respondent or when a police office tells the respondent about the existence of the order and its conditions.\n- (b) for a local order that is a police protection direction—the respondent is served with the direction under section 100O or the direction otherwise takes effect under section 100R (1) ; or Note— A police protection direction takes effect under section 100R (1) when it is served on the respondent or when the police officer tells the respondent about the existence of the direction and its conditions.\n- (c) for a local order that is a police protection notice—the respondent is served with the notice under section 109 or the notice otherwise takes effect under section 113 (1) ; or Note— A police protection notice takes effect under section 113 (1) when it is served on the respondent or when a police officer tells the respondent about the existence of the notice and its conditions.\n- (d) for a local order that is release conditions—the conditions are served on the respondent under section 124 (1) (e) .\n- (a) the respondent is served with a copy of the variation under section 184 ; or Notes— 1 Under section 91 (5) , a court that varies a local order must make a copy of the order that states the details and conditions of the order after the variation. This is referred to in the Act as the varied order . 2 Section 184 sets out the requirements for service of a varied order on the respondent.\n- 1 Under section 91 (5) , a court that varies a local order must make a copy of the order that states the details and conditions of the order after the variation. This is referred to in the Act as the varied order .\n- 2 Section 184 sets out the requirements for service of a varied order on the respondent.\n- (b) the variation otherwise takes effect under section 99 .\n- 1 Under section 91 (5) , a court that varies a local order must make a copy of the order that states the details and conditions of the order after the variation. This is referred to in the Act as the varied order .\n- 2 Section 184 sets out the requirements for service of a varied order on the respondent.\n- (a) under this Act when it is registered under division 4 ; or\n- (b) under the law of another State when it is registered in that State.","sortOrder":336},{"sectionNumber":"sec.176","sectionType":"section","heading":"Special provisions for registered foreign orders","content":"### sec.176 Special provisions for registered foreign orders\n\nFor the purpose of this part, a registered foreign order—\nis taken to be made in the State in which it is registered as a registered foreign order; and\nis taken to be made when it becomes a registered foreign order in that State.\nA registered foreign order is varied or revoked, for the purpose of this part, if its registration as a registered foreign order is varied or revoked.\ns 176 sub 2016 No. 51 s 57\n(sec.176-ssec.1) For the purpose of this part, a registered foreign order— is taken to be made in the State in which it is registered as a registered foreign order; and is taken to be made when it becomes a registered foreign order in that State.\n(sec.176-ssec.2) A registered foreign order is varied or revoked, for the purpose of this part, if its registration as a registered foreign order is varied or revoked.\n- (a) is taken to be made in the State in which it is registered as a registered foreign order; and\n- (b) is taken to be made when it becomes a registered foreign order in that State.","sortOrder":337},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"National recognition of DVOs","content":"## National recognition of DVOs","sortOrder":338},{"sectionNumber":"sec.176A","sectionType":"section","heading":"Interstate and foreign DVOs are recognised interstate orders","content":"### sec.176A Interstate and foreign DVOs are recognised interstate orders\n\nEach of the following is a recognised interstate order —\nan interstate order made in a participating jurisdiction;\na registered foreign order registered in a participating jurisdiction.\nThe corresponding laws of other participating jurisdictions treat domestic violence orders made, and police protection notices and release conditions issued, in Queensland as recognised interstate orders for the purposes of those laws. See also section 223 .\nAn interstate order or registered foreign order—\nbecomes a recognised interstate order when it is made in a participating State; and\nsubject to this part, remains a recognised interstate order while it remains in force in the State in which it was made.\ns 176A ins 2016 No. 51 s 57\n(sec.176A-ssec.1) Each of the following is a recognised interstate order — an interstate order made in a participating jurisdiction; a registered foreign order registered in a participating jurisdiction. The corresponding laws of other participating jurisdictions treat domestic violence orders made, and police protection notices and release conditions issued, in Queensland as recognised interstate orders for the purposes of those laws. See also section 223 .\n(sec.176A-ssec.2) An interstate order or registered foreign order— becomes a recognised interstate order when it is made in a participating State; and subject to this part, remains a recognised interstate order while it remains in force in the State in which it was made.\n- (a) an interstate order made in a participating jurisdiction;\n- (b) a registered foreign order registered in a participating jurisdiction.\n- (a) becomes a recognised interstate order when it is made in a participating State; and\n- (b) subject to this part, remains a recognised interstate order while it remains in force in the State in which it was made.","sortOrder":339},{"sectionNumber":"sec.176B","sectionType":"section","heading":"Recognised interstate order prevails over earlier comparable DVOs","content":"### sec.176B Recognised interstate order prevails over earlier comparable DVOs\n\nA recognised interstate order (a new order ) prevails over either of the following made before the new order (each an earlier comparable DVO )—\na comparable recognised interstate order; or\na comparable local order.\nWhen the new order becomes enforceable against the respondent—\nthe earlier comparable DVO stops being a recognised interstate order; or\nthe earlier comparable local order stops having effect.\nA local order that stops having effect under subsection (2) is taken to have ended under section 97 .\nHowever, an earlier comparable DVO continues to be a recognised interstate order or local order, and to have effect, to the extent it relates to a person who is not a protected person under the new order.\nA DVO made by a police officer does not prevail over a comparable DVO made by a court of any State.\nA DVO is comparable with another DVO if—\nthe DVOs are made against the same respondent; and\nthe DVOs are made for the protection of 1 or more of the same protected persons.\ns 176B ins 2016 No. 51 s 57\n(sec.176B-ssec.1) A recognised interstate order (a new order ) prevails over either of the following made before the new order (each an earlier comparable DVO )— a comparable recognised interstate order; or a comparable local order.\n(sec.176B-ssec.2) When the new order becomes enforceable against the respondent— the earlier comparable DVO stops being a recognised interstate order; or the earlier comparable local order stops having effect.\n(sec.176B-ssec.3) A local order that stops having effect under subsection (2) is taken to have ended under section 97 .\n(sec.176B-ssec.4) However, an earlier comparable DVO continues to be a recognised interstate order or local order, and to have effect, to the extent it relates to a person who is not a protected person under the new order.\n(sec.176B-ssec.5) A DVO made by a police officer does not prevail over a comparable DVO made by a court of any State.\n(sec.176B-ssec.6) A DVO is comparable with another DVO if— the DVOs are made against the same respondent; and the DVOs are made for the protection of 1 or more of the same protected persons.\n- (a) a comparable recognised interstate order; or\n- (b) a comparable local order.\n- (a) the earlier comparable DVO stops being a recognised interstate order; or\n- (b) the earlier comparable local order stops having effect.\n- (a) the DVOs are made against the same respondent; and\n- (b) the DVOs are made for the protection of 1 or more of the same protected persons.","sortOrder":340},{"sectionNumber":"sec.176C","sectionType":"section","heading":"Making of new orders","content":"### sec.176C Making of new orders\n\nNothing in this part stops a person applying for, or a court making, a domestic violence order even though a recognised interstate order applies to the same respondent.\ns 176C ins 2016 No. 51 s 57","sortOrder":341},{"sectionNumber":"sec.176D","sectionType":"section","heading":"Recognised interstate order may be enforced","content":"### sec.176D Recognised interstate order may be enforced\n\nA recognised interstate order that has been properly notified under the law of the State in which it was made—\nhas the same effect as a local order; and\nmay be enforced against a respondent as if it were a local order that had been properly notified under this Act.\nA recognised interstate order mentioned in subsection (1) includes a recognised interstate order as varied by a variation—\ndone in a participating jurisdiction by a court under this part or a corresponding law; and\nof which the respondent has been properly notified under the law of the State in which the variation was done.\nA variation to a local order done in another jurisdiction may be enforced against a respondent as if the respondent had been properly notified of the variation under this Act if—\nthe variation was done by a court under a corresponding law; and\nthe respondent was properly notified of the variation under the law of the State in which the variation was done.\nA prohibition, restriction or condition imposed by a recognised interstate order—\nhas the same meaning as it would have in the State in which the order was made; and\nmay be enforced as if it were a prohibition, restriction or condition of a local order.\ns 176D ins 2016 No. 51 s 57\n(sec.176D-ssec.1) A recognised interstate order that has been properly notified under the law of the State in which it was made— has the same effect as a local order; and may be enforced against a respondent as if it were a local order that had been properly notified under this Act.\n(sec.176D-ssec.2) A recognised interstate order mentioned in subsection (1) includes a recognised interstate order as varied by a variation— done in a participating jurisdiction by a court under this part or a corresponding law; and of which the respondent has been properly notified under the law of the State in which the variation was done.\n(sec.176D-ssec.3) A variation to a local order done in another jurisdiction may be enforced against a respondent as if the respondent had been properly notified of the variation under this Act if— the variation was done by a court under a corresponding law; and the respondent was properly notified of the variation under the law of the State in which the variation was done.\n(sec.176D-ssec.4) A prohibition, restriction or condition imposed by a recognised interstate order— has the same meaning as it would have in the State in which the order was made; and may be enforced as if it were a prohibition, restriction or condition of a local order.\n- (a) has the same effect as a local order; and\n- (b) may be enforced against a respondent as if it were a local order that had been properly notified under this Act.\n- (a) done in a participating jurisdiction by a court under this part or a corresponding law; and\n- (b) of which the respondent has been properly notified under the law of the State in which the variation was done.\n- (a) the variation was done by a court under a corresponding law; and\n- (b) the respondent was properly notified of the variation under the law of the State in which the variation was done.\n- (a) has the same meaning as it would have in the State in which the order was made; and\n- (b) may be enforced as if it were a prohibition, restriction or condition of a local order.","sortOrder":342},{"sectionNumber":"sec.176E","sectionType":"section","heading":"Penalty for contravention","content":"### sec.176E Penalty for contravention\n\nThis section applies for the purpose of working out the maximum penalty for an offence of contravening a recognised interstate order.\nA previous contravention of a recognised interstate order that constituted an offence is to be treated as a previous offence of contravening a local order.\ns 176E ins 2016 No. 51 s 57\n(sec.176E-ssec.1) This section applies for the purpose of working out the maximum penalty for an offence of contravening a recognised interstate order.\n(sec.176E-ssec.2) A previous contravention of a recognised interstate order that constituted an offence is to be treated as a previous offence of contravening a local order.","sortOrder":343},{"sectionNumber":"sec.176F","sectionType":"section","heading":"Licences, permits and other authorisations","content":"### sec.176F Licences, permits and other authorisations\n\nThis section applies if a law of Queensland (a relevant law ) restricts the grant of an authorisation, or authorises or requires an authorisation to be suspended or revoked, if a person is or has been named as a respondent in a local order.\nThe relevant law applies to a person who is or has been named as a respondent in a recognised interstate order as if it were a local order.\nFor the purposes of a relevant law—\na recognised interstate order that is a final order is to be treated in the same way as a local order that is a final order; and\na recognised interstate order that is an interim order is to be treated in the same way as a local order that is an interim order.\nThis section applies subject to the Weapons Act .\nSee the Weapons Act , sections 27A , 28A , 29A , 29B and 34AA which provide for the impact on a person’s weapons licence, including the suspension or revocation of the licence, if the person is named as the respondent in a DVO, whether or not the DVO is a recognised interstate order.\nSee also the Weapons Act , sections 10B and 10C for how a DVO naming a person as a respondent affects whether the person is a fit and proper person to hold a weapon’s licence or to be a licensed dealer’s associate, whether or not the DVO is a recognised interstate order.\nIn this section—\nauthorisation includes a licence or permit.\ngrant includes issue.\ns 176F ins 2016 No. 51 s 57\n(sec.176F-ssec.1) This section applies if a law of Queensland (a relevant law ) restricts the grant of an authorisation, or authorises or requires an authorisation to be suspended or revoked, if a person is or has been named as a respondent in a local order.\n(sec.176F-ssec.2) The relevant law applies to a person who is or has been named as a respondent in a recognised interstate order as if it were a local order.\n(sec.176F-ssec.3) For the purposes of a relevant law— a recognised interstate order that is a final order is to be treated in the same way as a local order that is a final order; and a recognised interstate order that is an interim order is to be treated in the same way as a local order that is an interim order.\n(sec.176F-ssec.4) This section applies subject to the Weapons Act . See the Weapons Act , sections 27A , 28A , 29A , 29B and 34AA which provide for the impact on a person’s weapons licence, including the suspension or revocation of the licence, if the person is named as the respondent in a DVO, whether or not the DVO is a recognised interstate order. See also the Weapons Act , sections 10B and 10C for how a DVO naming a person as a respondent affects whether the person is a fit and proper person to hold a weapon’s licence or to be a licensed dealer’s associate, whether or not the DVO is a recognised interstate order.\n(sec.176F-ssec.5) In this section— authorisation includes a licence or permit. grant includes issue.\n- (a) a recognised interstate order that is a final order is to be treated in the same way as a local order that is a final order; and\n- (b) a recognised interstate order that is an interim order is to be treated in the same way as a local order that is an interim order.\n- 1 See the Weapons Act , sections 27A , 28A , 29A , 29B and 34AA which provide for the impact on a person’s weapons licence, including the suspension or revocation of the licence, if the person is named as the respondent in a DVO, whether or not the DVO is a recognised interstate order.\n- 2 See also the Weapons Act , sections 10B and 10C for how a DVO naming a person as a respondent affects whether the person is a fit and proper person to hold a weapon’s licence or to be a licensed dealer’s associate, whether or not the DVO is a recognised interstate order.","sortOrder":344},{"sectionNumber":"sec.176G","sectionType":"section","heading":"Orders for costs","content":"### sec.176G Orders for costs\n\nA recognised interstate order, to the extent it requires the payment of money, can not be enforced.\nThe recognition of a DVO made in another State does not confer power on a court in Queensland to award costs in respect of any proceedings relating to the DVO that occurred in another State.\nThis section does not prevent a court awarding costs in respect of proceedings in Queensland relating to the variation of a recognised interstate order.\ns 176G ins 2016 No. 51 s 57\n(sec.176G-ssec.1) A recognised interstate order, to the extent it requires the payment of money, can not be enforced.\n(sec.176G-ssec.2) The recognition of a DVO made in another State does not confer power on a court in Queensland to award costs in respect of any proceedings relating to the DVO that occurred in another State.\n(sec.176G-ssec.3) This section does not prevent a court awarding costs in respect of proceedings in Queensland relating to the variation of a recognised interstate order.","sortOrder":345},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Variation and revocation of recognised interstate orders","content":"## Variation and revocation of recognised interstate orders","sortOrder":346},{"sectionNumber":"sec.176H","sectionType":"section","heading":"Power of court to vary recognised interstate orders","content":"### sec.176H Power of court to vary recognised interstate orders\n\nA court may vary a recognised interstate order under this division as if the order were a local order.\nA court can not vary a recognised interstate order if it is a kind of order that can not be varied by a court in the State in which the order was made.\nA variation to a recognised interstate order under this division is not limited in its operation to Queensland.\nThis division does not apply to the variation of a New Zealand order that is registered in Queensland under division 4 .\nSection 176P provides for the variation of a New Zealand order that is registered in Queensland under division 4 .\nIf a court varies a recognised interstate order under this division, the State in which the order was made continues to be, for the purpose of this part, the State in which the order was made.\ns 176H ins 2016 No. 51 s 57\n(sec.176H-ssec.1) A court may vary a recognised interstate order under this division as if the order were a local order.\n(sec.176H-ssec.2) A court can not vary a recognised interstate order if it is a kind of order that can not be varied by a court in the State in which the order was made.\n(sec.176H-ssec.3) A variation to a recognised interstate order under this division is not limited in its operation to Queensland.\n(sec.176H-ssec.4) This division does not apply to the variation of a New Zealand order that is registered in Queensland under division 4 . Section 176P provides for the variation of a New Zealand order that is registered in Queensland under division 4 .\n(sec.176H-ssec.5) If a court varies a recognised interstate order under this division, the State in which the order was made continues to be, for the purpose of this part, the State in which the order was made.","sortOrder":347},{"sectionNumber":"sec.176I","sectionType":"section","heading":"Application for variation of recognised interstate order","content":"### sec.176I Application for variation of recognised interstate order\n\nAn application (a variation application ) to vary a recognised interstate order may be made to a court—\nas if it were an application under section 86 for a variation of a local order; and\nby a person who would be able to make the application under that section if the recognised interstate order were a local order.\nAn application—\nmust be made to a court that would have power to hear the application if the recognised interstate order were a local order; and\nmust comply with any requirements that would apply if the recognised interstate order were a local order; and\nmay be dealt with (subject to this division) as if the recognised interstate order were a local order.\ns 176I ins 2016 No. 51 s 57\n(sec.176I-ssec.1) An application (a variation application ) to vary a recognised interstate order may be made to a court— as if it were an application under section 86 for a variation of a local order; and by a person who would be able to make the application under that section if the recognised interstate order were a local order.\n(sec.176I-ssec.2) An application— must be made to a court that would have power to hear the application if the recognised interstate order were a local order; and must comply with any requirements that would apply if the recognised interstate order were a local order; and may be dealt with (subject to this division) as if the recognised interstate order were a local order.\n- (a) as if it were an application under section 86 for a variation of a local order; and\n- (b) by a person who would be able to make the application under that section if the recognised interstate order were a local order.\n- (a) must be made to a court that would have power to hear the application if the recognised interstate order were a local order; and\n- (b) must comply with any requirements that would apply if the recognised interstate order were a local order; and\n- (c) may be dealt with (subject to this division) as if the recognised interstate order were a local order.","sortOrder":348},{"sectionNumber":"sec.176J","sectionType":"section","heading":"Decision about hearing of application","content":"### sec.176J Decision about hearing of application\n\nA court may decide to hear or refuse to hear the variation application.\nIn deciding whether to hear the variation application the court may consider the following matters—\nthe State in which the respondent and each protected person under the recognised interstate order usually live or work;\nany difficulty a party to the proceedings, other than the applicant, may have in attending the proceedings;\nwhether there is sufficient information available to the court in relation to the recognised interstate order and the basis on which it was made;\nwhether proceedings are being taken for an alleged contravention of the recognised interstate order and the State in which those proceedings are being taken;\nthe practicality of the applicant (if not the respondent under the recognised interstate order) applying for and obtaining a local order against the respondent under the order with similar prohibitions or restrictions;\nthe impact of the application on children;\nany other matters the court considers relevant.\nWithout limiting the court’s power to refuse to hear a variation application, the court may refuse to hear the application if the court is satisfied—\nthe circumstances in which the recognised interstate order was made have not materially changed; and\nthe application is in the nature of an appeal against the recognised interstate order.\nFor the purpose of exercising its functions under this division, a court may consider any information the court considers relevant about the making or variation of a recognised interstate order that is provided by an issuing authority of any other State.\nDivision 5 enables the court to obtain information about DVOs from other States.\nA court must refuse to hear a variation application made by the respondent to the recognised interstate order during any period in which, under the law of the State in which the order was made, the respondent is not entitled to apply to vary or revoke the order of that State.\nIn this section—\nparty , to a proceeding for a variation application, means each of the following—\na protected person under the recognised interstate order; and\nthe respondent under the recognised interstate order.\ns 176J ins 2016 No. 51 s 57\n(sec.176J-ssec.1) A court may decide to hear or refuse to hear the variation application.\n(sec.176J-ssec.2) In deciding whether to hear the variation application the court may consider the following matters— the State in which the respondent and each protected person under the recognised interstate order usually live or work; any difficulty a party to the proceedings, other than the applicant, may have in attending the proceedings; whether there is sufficient information available to the court in relation to the recognised interstate order and the basis on which it was made; whether proceedings are being taken for an alleged contravention of the recognised interstate order and the State in which those proceedings are being taken; the practicality of the applicant (if not the respondent under the recognised interstate order) applying for and obtaining a local order against the respondent under the order with similar prohibitions or restrictions; the impact of the application on children; any other matters the court considers relevant.\n(sec.176J-ssec.3) Without limiting the court’s power to refuse to hear a variation application, the court may refuse to hear the application if the court is satisfied— the circumstances in which the recognised interstate order was made have not materially changed; and the application is in the nature of an appeal against the recognised interstate order.\n(sec.176J-ssec.4) For the purpose of exercising its functions under this division, a court may consider any information the court considers relevant about the making or variation of a recognised interstate order that is provided by an issuing authority of any other State. Division 5 enables the court to obtain information about DVOs from other States.\n(sec.176J-ssec.5) A court must refuse to hear a variation application made by the respondent to the recognised interstate order during any period in which, under the law of the State in which the order was made, the respondent is not entitled to apply to vary or revoke the order of that State.\n(sec.176J-ssec.6) In this section— party , to a proceeding for a variation application, means each of the following— a protected person under the recognised interstate order; and the respondent under the recognised interstate order.\n- (a) the State in which the respondent and each protected person under the recognised interstate order usually live or work;\n- (b) any difficulty a party to the proceedings, other than the applicant, may have in attending the proceedings;\n- (c) whether there is sufficient information available to the court in relation to the recognised interstate order and the basis on which it was made;\n- (d) whether proceedings are being taken for an alleged contravention of the recognised interstate order and the State in which those proceedings are being taken;\n- (e) the practicality of the applicant (if not the respondent under the recognised interstate order) applying for and obtaining a local order against the respondent under the order with similar prohibitions or restrictions;\n- (f) the impact of the application on children;\n- (g) any other matters the court considers relevant.\n- (a) the circumstances in which the recognised interstate order was made have not materially changed; and\n- (b) the application is in the nature of an appeal against the recognised interstate order.\n- (a) a protected person under the recognised interstate order; and\n- (b) the respondent under the recognised interstate order.","sortOrder":349},{"sectionNumber":"sec.176K","sectionType":"section","heading":"When recognised interstate order is taken to be revoked","content":"### sec.176K When recognised interstate order is taken to be revoked\n\nThis section applies if a court varies a recognised interstate order under this part to—\nif a recognised interstate order does not state a date on which it ends—state a date on which the order ends; or\notherwise—state an earlier date on which the order ends.\nThe court is taken to have revoked the recognised interstate order under this part from the stated date.\ns 176K ins 2016 No. 51 s 57\n(sec.176K-ssec.1) This section applies if a court varies a recognised interstate order under this part to— if a recognised interstate order does not state a date on which it ends—state a date on which the order ends; or otherwise—state an earlier date on which the order ends.\n(sec.176K-ssec.2) The court is taken to have revoked the recognised interstate order under this part from the stated date.\n- (a) if a recognised interstate order does not state a date on which it ends—state a date on which the order ends; or\n- (b) otherwise—state an earlier date on which the order ends.","sortOrder":350},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Registration, and variation and revocation of registration, of New Zealand orders","content":"## Registration, and variation and revocation of registration, of New Zealand orders","sortOrder":351},{"sectionNumber":"sec.176L","sectionType":"section","heading":"Application to register New Zealand order in Queensland","content":"### sec.176L Application to register New Zealand order in Queensland\n\nA person may apply to the clerk of a Magistrates Court for the registration of a New Zealand order.\nThe application must be in the approved form.\ns 176L ins 2016 No. 51 s 57\n(sec.176L-ssec.1) A person may apply to the clerk of a Magistrates Court for the registration of a New Zealand order.\n(sec.176L-ssec.2) The application must be in the approved form.","sortOrder":352},{"sectionNumber":"sec.176M","sectionType":"section","heading":"Clerk of court to obtain copies of order and proof of service","content":"### sec.176M Clerk of court to obtain copies of order and proof of service\n\nThe clerk of the court must be satisfied—\nthe New Zealand order is in force by obtaining a certified copy of it; and\nthe order was served, or was taken to be served, on the respondent under the Domestic Violence Act 1995 (NZ) .\nThe clerk of the court must try to obtain the copy and proof quickly, for example, by fax, email or other electronic means.\ns 176M ins 2016 No. 51 s 57\n(sec.176M-ssec.1) The clerk of the court must be satisfied— the New Zealand order is in force by obtaining a certified copy of it; and the order was served, or was taken to be served, on the respondent under the Domestic Violence Act 1995 (NZ) .\n(sec.176M-ssec.2) The clerk of the court must try to obtain the copy and proof quickly, for example, by fax, email or other electronic means.\n- (a) the New Zealand order is in force by obtaining a certified copy of it; and\n- (b) the order was served, or was taken to be served, on the respondent under the Domestic Violence Act 1995 (NZ) .","sortOrder":353},{"sectionNumber":"sec.176N","sectionType":"section","heading":"Registration of New Zealand order","content":"### sec.176N Registration of New Zealand order\n\nIf the clerk of the court is satisfied about the matters mentioned in section 176M (1) , the clerk must register the New Zealand order.\nHowever, the clerk of the court may refer the New Zealand order to the court for adaptation or modification if—\nthe clerk believes it necessary to do so; or\nthe applicant asks the clerk of the court to do so.\nThe court may adapt or modify the New Zealand order for the purposes of its registration in a way that the court considers necessary or desirable for its effective operation in Queensland.\nThe clerk of the court must register the New Zealand order as adapted or modified.\nA registered New Zealand order is registered for the period during which the order, as originally made, is in force.\nA regulation may prescribe the way that the clerk of the court is to register a New Zealand order.\ns 176N ins 2016 No. 51 s 57\n(sec.176N-ssec.1) If the clerk of the court is satisfied about the matters mentioned in section 176M (1) , the clerk must register the New Zealand order.\n(sec.176N-ssec.2) However, the clerk of the court may refer the New Zealand order to the court for adaptation or modification if— the clerk believes it necessary to do so; or the applicant asks the clerk of the court to do so.\n(sec.176N-ssec.3) The court may adapt or modify the New Zealand order for the purposes of its registration in a way that the court considers necessary or desirable for its effective operation in Queensland.\n(sec.176N-ssec.4) The clerk of the court must register the New Zealand order as adapted or modified.\n(sec.176N-ssec.5) A registered New Zealand order is registered for the period during which the order, as originally made, is in force.\n(sec.176N-ssec.6) A regulation may prescribe the way that the clerk of the court is to register a New Zealand order.\n- (a) the clerk believes it necessary to do so; or\n- (b) the applicant asks the clerk of the court to do so.","sortOrder":354},{"sectionNumber":"sec.176O","sectionType":"section","heading":"Duty of clerk of court after order is registered","content":"### sec.176O Duty of clerk of court after order is registered\n\nThe clerk of the court must, within 2 business days after the registration of a New Zealand order, give the applicant and the police commissioner a certificate of the registration with a copy of the registered New Zealand order attached.\nNotice of the registration of a New Zealand order is not to be given to the person against whom the order was made unless the aggrieved consents.\nThe consent must be given in writing.\nThe clerk of the court must not ask the applicant for any fee, or reimbursement for any expenses incurred, under this division.\ns 176O ins 2016 No. 51 s 57\n(sec.176O-ssec.1) The clerk of the court must, within 2 business days after the registration of a New Zealand order, give the applicant and the police commissioner a certificate of the registration with a copy of the registered New Zealand order attached.\n(sec.176O-ssec.2) Notice of the registration of a New Zealand order is not to be given to the person against whom the order was made unless the aggrieved consents.\n(sec.176O-ssec.3) The consent must be given in writing.\n(sec.176O-ssec.4) The clerk of the court must not ask the applicant for any fee, or reimbursement for any expenses incurred, under this division.","sortOrder":355},{"sectionNumber":"sec.176P","sectionType":"section","heading":"Variation or revocation of registered New Zealand order","content":"### sec.176P Variation or revocation of registered New Zealand order\n\nAn application may be made to a court for—\na variation of the New Zealand order as it is registered in Queensland; or\na variation of the period during which a registered New Zealand order has effect in its operation in Queensland; or\nthe revocation of the registration of a New Zealand order.\nAny of the following persons may apply to a court for an order under subsection (1) —\nthe person who applied for the registration of the New Zealand order;\na protected person under the New Zealand order;\nthe respondent under the New Zealand order;\nan authorised person for an aggrieved;\na police officer.\nThe court may decide the application—\nby varying it as it applies in Queensland; or\nby varying the period during which it has effect in its operation in Queensland; or\nby revoking the registration.\ns 176P ins 2016 No. 51 s 57\n(sec.176P-ssec.1) An application may be made to a court for— a variation of the New Zealand order as it is registered in Queensland; or a variation of the period during which a registered New Zealand order has effect in its operation in Queensland; or the revocation of the registration of a New Zealand order.\n(sec.176P-ssec.2) Any of the following persons may apply to a court for an order under subsection (1) — the person who applied for the registration of the New Zealand order; a protected person under the New Zealand order; the respondent under the New Zealand order; an authorised person for an aggrieved; a police officer.\n(sec.176P-ssec.3) The court may decide the application— by varying it as it applies in Queensland; or by varying the period during which it has effect in its operation in Queensland; or by revoking the registration.\n- (a) a variation of the New Zealand order as it is registered in Queensland; or\n- (b) a variation of the period during which a registered New Zealand order has effect in its operation in Queensland; or\n- (c) the revocation of the registration of a New Zealand order.\n- (a) the person who applied for the registration of the New Zealand order;\n- (b) a protected person under the New Zealand order;\n- (c) the respondent under the New Zealand order;\n- (d) an authorised person for an aggrieved;\n- (e) a police officer.\n- (a) by varying it as it applies in Queensland; or\n- (b) by varying the period during which it has effect in its operation in Queensland; or\n- (c) by revoking the registration.","sortOrder":356},{"sectionNumber":"sec.176Q","sectionType":"section","heading":"Applicant need not notify respondent to New Zealand order","content":"### sec.176Q Applicant need not notify respondent to New Zealand order\n\nAn applicant under this division need not give notice of an application for registration of a New Zealand order, or an application for a variation of a registered New Zealand order, to the respondent.\nWhen an application for which notice has not been given comes before a court, the court—\nmay hear and decide the application in the absence of the respondent; and\nmust not refuse to hear and decide the application merely because the respondent has not been given notice of the application.\nA registered New Zealand order that is adapted or modified under section 176N (3) is enforceable in Queensland without notice of the adaptation or modification being given to the respondent.\nThis section does not prevent an applicant giving notice of the application, or an order made because of the application, to the respondent.\ns 176Q ins 2016 No. 51 s 57\n(sec.176Q-ssec.1) An applicant under this division need not give notice of an application for registration of a New Zealand order, or an application for a variation of a registered New Zealand order, to the respondent.\n(sec.176Q-ssec.2) When an application for which notice has not been given comes before a court, the court— may hear and decide the application in the absence of the respondent; and must not refuse to hear and decide the application merely because the respondent has not been given notice of the application.\n(sec.176Q-ssec.3) A registered New Zealand order that is adapted or modified under section 176N (3) is enforceable in Queensland without notice of the adaptation or modification being given to the respondent.\n(sec.176Q-ssec.4) This section does not prevent an applicant giving notice of the application, or an order made because of the application, to the respondent.\n- (a) may hear and decide the application in the absence of the respondent; and\n- (b) must not refuse to hear and decide the application merely because the respondent has not been given notice of the application.","sortOrder":357},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Exchange of information","content":"## Exchange of information","sortOrder":358},{"sectionNumber":"sec.176R","sectionType":"section","heading":"Obtaining information about interstate orders","content":"### sec.176R Obtaining information about interstate orders\n\nThe following may obtain information about a DVO from an issuing authority of another State or from an interstate law enforcement agency—\nthe court;\nthe clerk of the court;\nthe police commissioner;\nthe director under the Director of Public Prosecutions Act 1984 ;\na police prosecutor.\nThe court or clerk of the court may use information mentioned in subsection (1) for the purpose of exercising the court’s or the clerk’s functions under this part.\nThe police commissioner, director of public prosecutions or a police prosecutor may use information mentioned in subsection (1) for a law enforcement purpose, including for the prosecution of an offence.\ns 176R ins 2016 No. 51 s 57\n(sec.176R-ssec.1) The following may obtain information about a DVO from an issuing authority of another State or from an interstate law enforcement agency— the court; the clerk of the court; the police commissioner; the director under the Director of Public Prosecutions Act 1984 ; a police prosecutor.\n(sec.176R-ssec.2) The court or clerk of the court may use information mentioned in subsection (1) for the purpose of exercising the court’s or the clerk’s functions under this part.\n(sec.176R-ssec.3) The police commissioner, director of public prosecutions or a police prosecutor may use information mentioned in subsection (1) for a law enforcement purpose, including for the prosecution of an offence.\n- (a) the court;\n- (b) the clerk of the court;\n- (c) the police commissioner;\n- (d) the director under the Director of Public Prosecutions Act 1984 ;\n- (e) a police prosecutor.","sortOrder":359},{"sectionNumber":"sec.176S","sectionType":"section","heading":"Clerk of court must provide DVO information","content":"### sec.176S Clerk of court must provide DVO information\n\nThe clerk of the court must provide a court of another participating jurisdiction information about a DVO that the court reasonably requests for the purpose of exercising its functions under a corresponding law.\nIf a court makes or varies a DVO, the clerk of the court must provide an interstate law enforcement agency with information about the DVO that the law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.\ns 176S ins 2016 No. 51 s 57\n(sec.176S-ssec.1) The clerk of the court must provide a court of another participating jurisdiction information about a DVO that the court reasonably requests for the purpose of exercising its functions under a corresponding law.\n(sec.176S-ssec.2) If a court makes or varies a DVO, the clerk of the court must provide an interstate law enforcement agency with information about the DVO that the law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.","sortOrder":360},{"sectionNumber":"sec.176T","sectionType":"section","heading":"Information to be provided to law enforcement agencies","content":"### sec.176T Information to be provided to law enforcement agencies\n\nThe police commissioner must provide an interstate law enforcement agency information the police commissioner holds about a DVO that the interstate law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.\ns 176T ins 2016 No. 51 s 57","sortOrder":361},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":362},{"sectionNumber":"sec.176U","sectionType":"section","heading":"Certificate evidence—notification","content":"### sec.176U Certificate evidence—notification\n\nA certificate signed by the police commissioner or the clerk of the court and stating the following is evidence of what it says—\nthe making of a local order has been properly notified under this Act;\na variation to a DVO that was done in Queensland has been properly notified under this Act.\nA certificate signed by an authorised officer of another State and stating the following matters is evidence of what it says—\nthe making of a DVO in that State has been properly notified under the law of that State;\na variation to a DVO that was done in that State has been properly notified under the law of that State.\nIn a document, the words “authorised officer” after a signature are evidence that the person whose signature it purports to be is an authorised officer.\nIf, in a criminal proceeding, the prosecuting authority intends to rely on a certificate under subsection (1) or (2) , it must, at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.\nIf the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.\nIf the defendant acts under subsection (5) , the certificate stops being evidence of the matter to be challenged.\nIn this section—\nauthorised officer , of another State, means a person (whether or not designated as an authorised officer) who is authorised under the law of that State to issue a certificate certifying a matter mentioned in subsection (2) (a) or (b) .\ns 176U ins 2016 No. 51 s 57\n(sec.176U-ssec.1) A certificate signed by the police commissioner or the clerk of the court and stating the following is evidence of what it says— the making of a local order has been properly notified under this Act; a variation to a DVO that was done in Queensland has been properly notified under this Act.\n(sec.176U-ssec.2) A certificate signed by an authorised officer of another State and stating the following matters is evidence of what it says— the making of a DVO in that State has been properly notified under the law of that State; a variation to a DVO that was done in that State has been properly notified under the law of that State.\n(sec.176U-ssec.3) In a document, the words “authorised officer” after a signature are evidence that the person whose signature it purports to be is an authorised officer.\n(sec.176U-ssec.4) If, in a criminal proceeding, the prosecuting authority intends to rely on a certificate under subsection (1) or (2) , it must, at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.\n(sec.176U-ssec.5) If the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.\n(sec.176U-ssec.6) If the defendant acts under subsection (5) , the certificate stops being evidence of the matter to be challenged.\n(sec.176U-ssec.7) In this section— authorised officer , of another State, means a person (whether or not designated as an authorised officer) who is authorised under the law of that State to issue a certificate certifying a matter mentioned in subsection (2) (a) or (b) .\n- (a) the making of a local order has been properly notified under this Act;\n- (b) a variation to a DVO that was done in Queensland has been properly notified under this Act.\n- (a) the making of a DVO in that State has been properly notified under the law of that State;\n- (b) a variation to a DVO that was done in that State has been properly notified under the law of that State.","sortOrder":363},{"sectionNumber":"pt.7","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":364},{"sectionNumber":"sec.177","sectionType":"section","heading":"Contravention of domestic violence order","content":"### sec.177 Contravention of domestic violence order\n\nThis section applies if a respondent against whom a domestic violence order has been made—\nwas present in court when the order was made; or\nhas been served with a copy of the order; or\nhas been told by a police officer about the existence of the order.\nThe respondent must not contravene the order.\nMaximum penalty—\nif, within 5 years before the commission of an offence against this subsection, the respondent has been previously convicted of a domestic violence offence—240 penalty units or 5 years imprisonment; or\notherwise—120 penalty units or 3 years imprisonment.\nFor subsection (1) (c) , the respondent may be told by a police officer about the existence of an order in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means.\nHowever, a court may not find a respondent contravened an order merely because a police officer told the respondent about the existence of the order, unless the court is satisfied the police officer told the respondent about the condition that it is alleged the respondent contravened.\nThe prosecution bears the onus of proving, beyond a reasonable doubt, that the respondent has been told by a police officer about the existence of an order, or a condition of an order.\nIt is not a defence in proceedings for an offence involving a recognised interstate order that a person did not know—\nit is an offence to contravene the recognised interstate order in Queensland; or\nthe recognised interstate order could be varied in Queensland; or\nif the recognised interstate order is a registered New Zealand order—that the New Zealand order could be registered or varied in Queensland.\ns 177 amd 2015 No. 17 s 7 ; 2016 No. 51 ss 58 , 73 sch 1\n(sec.177-ssec.1) This section applies if a respondent against whom a domestic violence order has been made— was present in court when the order was made; or has been served with a copy of the order; or has been told by a police officer about the existence of the order.\n(sec.177-ssec.2) The respondent must not contravene the order. Maximum penalty— if, within 5 years before the commission of an offence against this subsection, the respondent has been previously convicted of a domestic violence offence—240 penalty units or 5 years imprisonment; or otherwise—120 penalty units or 3 years imprisonment.\n(sec.177-ssec.3) For subsection (1) (c) , the respondent may be told by a police officer about the existence of an order in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means.\n(sec.177-ssec.4) However, a court may not find a respondent contravened an order merely because a police officer told the respondent about the existence of the order, unless the court is satisfied the police officer told the respondent about the condition that it is alleged the respondent contravened.\n(sec.177-ssec.5) The prosecution bears the onus of proving, beyond a reasonable doubt, that the respondent has been told by a police officer about the existence of an order, or a condition of an order.\n(sec.177-ssec.6) It is not a defence in proceedings for an offence involving a recognised interstate order that a person did not know— it is an offence to contravene the recognised interstate order in Queensland; or the recognised interstate order could be varied in Queensland; or if the recognised interstate order is a registered New Zealand order—that the New Zealand order could be registered or varied in Queensland.\n- (a) was present in court when the order was made; or\n- (b) has been served with a copy of the order; or\n- (c) has been told by a police officer about the existence of the order.\n- (a) if, within 5 years before the commission of an offence against this subsection, the respondent has been previously convicted of a domestic violence offence—240 penalty units or 5 years imprisonment; or\n- (b) otherwise—120 penalty units or 3 years imprisonment.\n- (a) it is an offence to contravene the recognised interstate order in Queensland; or\n- (b) the recognised interstate order could be varied in Queensland; or\n- (c) if the recognised interstate order is a registered New Zealand order—that the New Zealand order could be registered or varied in Queensland.","sortOrder":365},{"sectionNumber":"sec.177A","sectionType":"section","heading":"Contravention of a police protection direction","content":"### sec.177A Contravention of a police protection direction\n\nThis section applies to a respondent in relation to whom a police protection direction is in force.\nSee section 100R (1) for when a police protection direction takes effect.\nThe respondent must not contravene the police protection direction.\nMaximum penalty—120 penalty units or 3 years imprisonment.\nA court hearing proceedings for the prosecution of an offence against subsection (2) must consider whether the police protection direction was issued in substantial compliance with part 4 , division 1A .\nIf the police protection direction took effect under section 100R (1) (b) , the prosecution bears the onus of proving, beyond a reasonable doubt, that the respondent has been told by a police officer about the existence of a police protection direction or about a condition of the direction the respondent is alleged to have contravened.\ns 177A ins 2025 No. 18 s 31\n(sec.177A-ssec.1) This section applies to a respondent in relation to whom a police protection direction is in force. See section 100R (1) for when a police protection direction takes effect.\n(sec.177A-ssec.2) The respondent must not contravene the police protection direction. Maximum penalty—120 penalty units or 3 years imprisonment.\n(sec.177A-ssec.3) A court hearing proceedings for the prosecution of an offence against subsection (2) must consider whether the police protection direction was issued in substantial compliance with part 4 , division 1A .\n(sec.177A-ssec.4) If the police protection direction took effect under section 100R (1) (b) , the prosecution bears the onus of proving, beyond a reasonable doubt, that the respondent has been told by a police officer about the existence of a police protection direction or about a condition of the direction the respondent is alleged to have contravened.","sortOrder":366},{"sectionNumber":"sec.178","sectionType":"section","heading":"Contravention of police protection notice","content":"### sec.178 Contravention of police protection notice\n\nThis section applies to a respondent in relation to whom a police protection notice is in force.\nSee section 113 (1) for when a police protection notice takes effect.\nThe respondent must not contravene the police protection notice.\nMaximum penalty—120 penalty units or 3 years imprisonment.\nA court hearing proceedings for the prosecution of an offence against subsection (2) must consider whether the police protection notice was issued in substantial compliance with part 4 , division 2 .\nIf the police protection notice took effect under section 113 (1) (b) , the prosecution bears the onus of proving, beyond a reasonable doubt, that the respondent has been told by a police officer about the existence of a police protection notice or about a condition of the notice the respondent is alleged to have contravened.\ns 178 sub 2016 No. 51 s 45\n(sec.178-ssec.1) This section applies to a respondent in relation to whom a police protection notice is in force. See section 113 (1) for when a police protection notice takes effect.\n(sec.178-ssec.2) The respondent must not contravene the police protection notice. Maximum penalty—120 penalty units or 3 years imprisonment.\n(sec.178-ssec.3) A court hearing proceedings for the prosecution of an offence against subsection (2) must consider whether the police protection notice was issued in substantial compliance with part 4 , division 2 .\n(sec.178-ssec.4) If the police protection notice took effect under section 113 (1) (b) , the prosecution bears the onus of proving, beyond a reasonable doubt, that the respondent has been told by a police officer about the existence of a police protection notice or about a condition of the notice the respondent is alleged to have contravened.","sortOrder":367},{"sectionNumber":"sec.179","sectionType":"section","heading":"Contravention of release conditions","content":"### sec.179 Contravention of release conditions\n\nThis section applies if a respondent is released from custody on release conditions under section 125 .\nThe respondent must not contravene the release conditions.\nMaximum penalty—120 penalty units or 3 years imprisonment.\ns 179 amd 2016 No. 51 s 46\n(sec.179-ssec.1) This section applies if a respondent is released from custody on release conditions under section 125 .\n(sec.179-ssec.2) The respondent must not contravene the release conditions. Maximum penalty—120 penalty units or 3 years imprisonment.","sortOrder":368},{"sectionNumber":"sec.179A","sectionType":"section","heading":"Engaging in domestic violence or associated domestic violence to aid respondent","content":"### sec.179A Engaging in domestic violence or associated domestic violence to aid respondent\n\nA person who is an adult commits an offence if, without reasonable excuse—\nthe person engages in domestic violence behaviour against another person who is the aggrieved or a named person in a domestic violence order, police protection direction, police protection notice or release conditions; and\nthe domestic violence behaviour is engaged in with the intent of aiding the respondent to the order, direction, notice or conditions; and\nthe person knew, or ought reasonably to have known, the other person was the aggrieved or a named person in the order, direction, notice or conditions.\nMaximum penalty—120 penalty units or 3 years imprisonment.\nHowever, if the person derives a benefit from engaging in the domestic violence behaviour, the person is guilty of a crime and is liable to a fine of 240 penalty units or imprisonment for 5 years.\na private investigator under the Security Providers Act 1993\nFor subsection (1) (a) , it is immaterial whether the respondent to the domestic violence order, police protection direction, police protection notice or release conditions knew that the person had engaged in domestic violence behaviour against the aggrieved or a named person in the order, direction, notice or conditions.\nAn evidential burden is placed on the defendant in relation to showing a reasonable excuse for subsection (1) .\nIn this section—\nbenefit see the Criminal Code , section 1 .\ndomestic violence behaviour means behaviour that, if engaged in by the respondent to a domestic violence order, police protection direction, police protection notice or release conditions would be domestic violence against the aggrieved or associated domestic violence against a named person in the order, direction, notice or conditions.\ns 179A ins 2024 No. 5 s 46\namd 2025 No. 18 s 32\n(sec.179A-ssec.1) A person who is an adult commits an offence if, without reasonable excuse— the person engages in domestic violence behaviour against another person who is the aggrieved or a named person in a domestic violence order, police protection direction, police protection notice or release conditions; and the domestic violence behaviour is engaged in with the intent of aiding the respondent to the order, direction, notice or conditions; and the person knew, or ought reasonably to have known, the other person was the aggrieved or a named person in the order, direction, notice or conditions. Maximum penalty—120 penalty units or 3 years imprisonment.\n(sec.179A-ssec.2) However, if the person derives a benefit from engaging in the domestic violence behaviour, the person is guilty of a crime and is liable to a fine of 240 penalty units or imprisonment for 5 years. a private investigator under the Security Providers Act 1993\n(sec.179A-ssec.3) For subsection (1) (a) , it is immaterial whether the respondent to the domestic violence order, police protection direction, police protection notice or release conditions knew that the person had engaged in domestic violence behaviour against the aggrieved or a named person in the order, direction, notice or conditions.\n(sec.179A-ssec.4) An evidential burden is placed on the defendant in relation to showing a reasonable excuse for subsection (1) .\n(sec.179A-ssec.5) In this section— benefit see the Criminal Code , section 1 . domestic violence behaviour means behaviour that, if engaged in by the respondent to a domestic violence order, police protection direction, police protection notice or release conditions would be domestic violence against the aggrieved or associated domestic violence against a named person in the order, direction, notice or conditions.\n- (a) the person engages in domestic violence behaviour against another person who is the aggrieved or a named person in a domestic violence order, police protection direction, police protection notice or release conditions; and\n- (b) the domestic violence behaviour is engaged in with the intent of aiding the respondent to the order, direction, notice or conditions; and\n- (c) the person knew, or ought reasonably to have known, the other person was the aggrieved or a named person in the order, direction, notice or conditions.","sortOrder":369},{"sectionNumber":"sec.180","sectionType":"section","heading":"Aggrieved or named person not guilty of offence","content":"### sec.180 Aggrieved or named person not guilty of offence\n\nFor the purposes of the Criminal Code , section 7 , an aggrieved or other person named in a domestic violence order, police protection direction, police protection notice or release conditions—\ndoes not aid, abet, counsel or procure the commission of an offence against section 177 , 177A , 178 or 179 , and is not punishable as a principal offender, because the person encourages, permits or authorises conduct by the respondent that contravenes the domestic violence order, police protection direction, police protection notice or release conditions; and\ndoes not aid, abet, counsel or procure the commission of an offence against section 179A , and is not punishable as a principal offender, because the person encourages, permits or authorises conduct that constitutes the offence.\ns 180 amd 2024 No. 5 s 47 ; 2025 No. 18 s 33\n- (a) does not aid, abet, counsel or procure the commission of an offence against section 177 , 177A , 178 or 179 , and is not punishable as a principal offender, because the person encourages, permits or authorises conduct by the respondent that contravenes the domestic violence order, police protection direction, police protection notice or release conditions; and\n- (b) does not aid, abet, counsel or procure the commission of an offence against section 179A , and is not punishable as a principal offender, because the person encourages, permits or authorises conduct that constitutes the offence.","sortOrder":370},{"sectionNumber":"sec.181","sectionType":"section","heading":"Prosecution of offences","content":"### sec.181 Prosecution of offences\n\nThis section applies to offences against this Act.\nAn offence that has a maximum penalty of more than 3 years imprisonment is an indictable offence.\nA proceeding for an offence that is not an indictable offence is by way of summary proceedings under the Justices Act 1886 .\nSubject to subsection (6) , a proceeding on a charge for an indictable offence must be heard and decided summarily.\nThe maximum term of imprisonment that may be imposed on a summary conviction of an indictable offence is 3 years imprisonment.\nA Magistrates Court must abstain from dealing summarily with a charge for an indictable offence—\nif satisfied, at any stage, and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or\nif satisfied, on an application made by the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.\nIf the court abstains from jurisdiction—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\nthe proceeding for the charge must be conducted as a committal proceeding; and\nthe defendant’s plea at the start of the hearing must be disregarded; and\nthe evidence already heard by the court must be taken to be evidence in the committal proceeding.\nThe Justices Act 1886 , section 104 must be complied with for the committal proceeding.\ns 181 sub 2015 No. 17 s 8\n(sec.181-ssec.1) This section applies to offences against this Act.\n(sec.181-ssec.2) An offence that has a maximum penalty of more than 3 years imprisonment is an indictable offence.\n(sec.181-ssec.3) A proceeding for an offence that is not an indictable offence is by way of summary proceedings under the Justices Act 1886 .\n(sec.181-ssec.4) Subject to subsection (6) , a proceeding on a charge for an indictable offence must be heard and decided summarily.\n(sec.181-ssec.5) The maximum term of imprisonment that may be imposed on a summary conviction of an indictable offence is 3 years imprisonment.\n(sec.181-ssec.6) A Magistrates Court must abstain from dealing summarily with a charge for an indictable offence— if satisfied, at any stage, and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or if satisfied, on an application made by the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.\n(sec.181-ssec.7) If the court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and the defendant’s plea at the start of the hearing must be disregarded; and the evidence already heard by the court must be taken to be evidence in the committal proceeding.\n(sec.181-ssec.8) The Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) if satisfied, at any stage, and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction; or\n- (b) if satisfied, on an application made by the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\n- (b) the proceeding for the charge must be conducted as a committal proceeding; and\n- (c) the defendant’s plea at the start of the hearing must be disregarded; and\n- (d) the evidence already heard by the court must be taken to be evidence in the committal proceeding.","sortOrder":371},{"sectionNumber":"sec.182","sectionType":"section","heading":"When proceeding for offence to be heard summarily may be started","content":"### sec.182 When proceeding for offence to be heard summarily may be started\n\nA proceeding for an offence against this Act that is to be heard in a summary way under the Justices Act 1886 must be started within—\n1 year after the offence is committed; or\n1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\ns 182 amd 2015 No. 17 s 9\n- (a) 1 year after the offence is committed; or\n- (b) 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":372},{"sectionNumber":"pt.8","sectionType":"part","heading":"General","content":"# General","sortOrder":373},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Service","content":"## Service","sortOrder":374},{"sectionNumber":"sec.183","sectionType":"section","heading":"Service allowed on all days","content":"### sec.183 Service allowed on all days\n\nA police officer may serve a document authorised or required to be served under this Act on any day of the week, including Good Friday and Christmas Day.","sortOrder":375},{"sectionNumber":"sec.184","sectionType":"section","heading":"Service of order on respondent or defendant","content":"### sec.184 Service of order on respondent or defendant\n\nThis section applies if a court—\nmakes a domestic violence order; or\nvaries a domestic violence order; or\nmakes an intervention order; or\nmakes a diversion order.\nA police officer must personally serve the order, or the varied order, on the respondent or defendant.\nThe clerk of the court must, as soon as reasonably practicable after the order is made or varied, give a copy of the order, or varied order, to the officer in charge of the police station nearest the place where the respondent or defendant lives or was last known to live.\nSubsections (2) and (3) do not apply if the respondent or defendant is present in court when the order is made or varied and the clerk of the court—\ngives a copy of the order, or varied order, to the respondent or defendant, or the respondent’s or defendant’s appointee, at the court; or\nsends a copy of the order, or varied order, to the respondent’s or defendant’s last known address.\nAlso, subsection (2) does not apply—\nif—\na police officer has told the respondent, as mentioned in section 177 (1) (c) , about the existence of a domestic violence order made or varied by the court; and\nthe order, or the varied order, has been served on the respondent other than by being personally served on the respondent, including, for example, by being served on the respondent in a way stated in a substituted service order; or\nthe order is a temporary protection order that—\nnames the same aggrieved and named persons as a police protection direction or police protection notice that is, or release conditions that are, in force against the respondent; and\nimposes the same conditions as the direction, notice or conditions.\nA temporary protection order mentioned in subsection (5) (b) is taken to have been served on the respondent when it was made.\nFor subsection (5) (b) , in deciding whether a temporary protection order imposes the same conditions as a police protection direction or police protection notice, a cool-down condition included in the direction or notice is not to be taken into account.\nFailure to comply with this section does not invalidate or otherwise affect a domestic violence order, an intervention order or a diversion order.\nThis section is subject to section 188 .\nIn this section—\nappointee , of a respondent or defendant, means a person authorised in writing by the respondent or defendant to receive a copy of a domestic violence order or any other document authorised or required to be given to the respondent or defendant under this Act.\nSee also section 85 for the requirement for a copy of a domestic violence order served on, or given or sent to, the respondent or defendant under this section to include a written explanation of the order.\ns 184 amd 2016 No. 51 s 47 ; 2023 No. 1 s 52 ; 2024 No. 5 s 41 ; 2025 No. 18 s 34\n(sec.184-ssec.1) This section applies if a court— makes a domestic violence order; or varies a domestic violence order; or makes an intervention order; or makes a diversion order.\n(sec.184-ssec.2) A police officer must personally serve the order, or the varied order, on the respondent or defendant.\n(sec.184-ssec.3) The clerk of the court must, as soon as reasonably practicable after the order is made or varied, give a copy of the order, or varied order, to the officer in charge of the police station nearest the place where the respondent or defendant lives or was last known to live.\n(sec.184-ssec.4) Subsections (2) and (3) do not apply if the respondent or defendant is present in court when the order is made or varied and the clerk of the court— gives a copy of the order, or varied order, to the respondent or defendant, or the respondent’s or defendant’s appointee, at the court; or sends a copy of the order, or varied order, to the respondent’s or defendant’s last known address.\n(sec.184-ssec.5) Also, subsection (2) does not apply— if— a police officer has told the respondent, as mentioned in section 177 (1) (c) , about the existence of a domestic violence order made or varied by the court; and the order, or the varied order, has been served on the respondent other than by being personally served on the respondent, including, for example, by being served on the respondent in a way stated in a substituted service order; or the order is a temporary protection order that— names the same aggrieved and named persons as a police protection direction or police protection notice that is, or release conditions that are, in force against the respondent; and imposes the same conditions as the direction, notice or conditions.\n(sec.184-ssec.6) A temporary protection order mentioned in subsection (5) (b) is taken to have been served on the respondent when it was made.\n(sec.184-ssec.7) For subsection (5) (b) , in deciding whether a temporary protection order imposes the same conditions as a police protection direction or police protection notice, a cool-down condition included in the direction or notice is not to be taken into account.\n(sec.184-ssec.8) Failure to comply with this section does not invalidate or otherwise affect a domestic violence order, an intervention order or a diversion order.\n(sec.184-ssec.9) This section is subject to section 188 .\n(sec.184-ssec.10) In this section— appointee , of a respondent or defendant, means a person authorised in writing by the respondent or defendant to receive a copy of a domestic violence order or any other document authorised or required to be given to the respondent or defendant under this Act. See also section 85 for the requirement for a copy of a domestic violence order served on, or given or sent to, the respondent or defendant under this section to include a written explanation of the order.\n- (a) makes a domestic violence order; or\n- (b) varies a domestic violence order; or\n- (c) makes an intervention order; or\n- (d) makes a diversion order.\n- (a) gives a copy of the order, or varied order, to the respondent or defendant, or the respondent’s or defendant’s appointee, at the court; or\n- (b) sends a copy of the order, or varied order, to the respondent’s or defendant’s last known address.\n- (a) if— (i) a police officer has told the respondent, as mentioned in section 177 (1) (c) , about the existence of a domestic violence order made or varied by the court; and (ii) the order, or the varied order, has been served on the respondent other than by being personally served on the respondent, including, for example, by being served on the respondent in a way stated in a substituted service order; or\n- (i) a police officer has told the respondent, as mentioned in section 177 (1) (c) , about the existence of a domestic violence order made or varied by the court; and\n- (ii) the order, or the varied order, has been served on the respondent other than by being personally served on the respondent, including, for example, by being served on the respondent in a way stated in a substituted service order; or\n- (b) the order is a temporary protection order that— (i) names the same aggrieved and named persons as a police protection direction or police protection notice that is, or release conditions that are, in force against the respondent; and (ii) imposes the same conditions as the direction, notice or conditions.\n- (i) names the same aggrieved and named persons as a police protection direction or police protection notice that is, or release conditions that are, in force against the respondent; and\n- (ii) imposes the same conditions as the direction, notice or conditions.\n- (i) a police officer has told the respondent, as mentioned in section 177 (1) (c) , about the existence of a domestic violence order made or varied by the court; and\n- (ii) the order, or the varied order, has been served on the respondent other than by being personally served on the respondent, including, for example, by being served on the respondent in a way stated in a substituted service order; or\n- (i) names the same aggrieved and named persons as a police protection direction or police protection notice that is, or release conditions that are, in force against the respondent; and\n- (ii) imposes the same conditions as the direction, notice or conditions.","sortOrder":376},{"sectionNumber":"sec.184A","sectionType":"section","heading":"Substituted service","content":"### sec.184A Substituted service\n\nThis section applies if, under this Act, a document is required to be personally served on a respondent or defendant by a police officer and the court is satisfied that—\nreasonable attempts have been made to personally serve the document on the respondent or defendant; and\nserving the document in another way is—\nnecessary or desirable to protect the aggrieved; and\nreasonably likely to bring the document to the attention of the respondent or defendant.\nThe court may make an order substituting another way for a police officer to serve the document on the respondent or defendant (a substituted service order ).\nThe court must, in the substituted service order, state the circumstances in which the document is to be taken to have been served on the respondent or defendant, including, for example—\nwhen a document served by post or electronic communication is to be taken to have been served; or\nthat the circumstances are—\non the happening of a stated event; or\nat the end of a stated time.\nThe court may make a substituted service order for the document—\non its own initiative; or\non the application of a party to the proceeding to which the document relates; or\non the application of a police officer.\nWhen a police officer serves a document on a respondent or defendant under a substituted service order, the police officer must, unless it is not reasonable in the circumstances—\ngive a copy of the document to the respondent or defendant; and\nexplain to the respondent or defendant—\nwhat the document is; and\nthe nature and effect of the document.\ns 184A ins 2023 No. 1 s 53\namd 2024 No. 5 s 42\n(sec.184A-ssec.1) This section applies if, under this Act, a document is required to be personally served on a respondent or defendant by a police officer and the court is satisfied that— reasonable attempts have been made to personally serve the document on the respondent or defendant; and serving the document in another way is— necessary or desirable to protect the aggrieved; and reasonably likely to bring the document to the attention of the respondent or defendant.\n(sec.184A-ssec.2) The court may make an order substituting another way for a police officer to serve the document on the respondent or defendant (a substituted service order ).\n(sec.184A-ssec.3) The court must, in the substituted service order, state the circumstances in which the document is to be taken to have been served on the respondent or defendant, including, for example— when a document served by post or electronic communication is to be taken to have been served; or that the circumstances are— on the happening of a stated event; or at the end of a stated time.\n(sec.184A-ssec.4) The court may make a substituted service order for the document— on its own initiative; or on the application of a party to the proceeding to which the document relates; or on the application of a police officer.\n(sec.184A-ssec.5) When a police officer serves a document on a respondent or defendant under a substituted service order, the police officer must, unless it is not reasonable in the circumstances— give a copy of the document to the respondent or defendant; and explain to the respondent or defendant— what the document is; and the nature and effect of the document.\n- (a) reasonable attempts have been made to personally serve the document on the respondent or defendant; and\n- (b) serving the document in another way is— (i) necessary or desirable to protect the aggrieved; and (ii) reasonably likely to bring the document to the attention of the respondent or defendant.\n- (i) necessary or desirable to protect the aggrieved; and\n- (ii) reasonably likely to bring the document to the attention of the respondent or defendant.\n- (i) necessary or desirable to protect the aggrieved; and\n- (ii) reasonably likely to bring the document to the attention of the respondent or defendant.\n- (a) when a document served by post or electronic communication is to be taken to have been served; or\n- (b) that the circumstances are— (i) on the happening of a stated event; or (ii) at the end of a stated time.\n- (i) on the happening of a stated event; or\n- (ii) at the end of a stated time.\n- (i) on the happening of a stated event; or\n- (ii) at the end of a stated time.\n- (a) on its own initiative; or\n- (b) on the application of a party to the proceeding to which the document relates; or\n- (c) on the application of a police officer.\n- (a) give a copy of the document to the respondent or defendant; and\n- (b) explain to the respondent or defendant— (i) what the document is; and (ii) the nature and effect of the document.\n- (i) what the document is; and\n- (ii) the nature and effect of the document.\n- (i) what the document is; and\n- (ii) the nature and effect of the document.","sortOrder":377},{"sectionNumber":"sec.185","sectionType":"section","heading":"Court to give domestic violence order to other persons","content":"### sec.185 Court to give domestic violence order to other persons\n\nIf a court makes or varies a domestic violence order, the clerk of the court must, as soon as reasonably practicable after the order is made or varied, give a copy of the order, or varied order, to—\nthe aggrieved; and\nan applicant who is not an aggrieved or a police officer; and\neach named person; and\nthe police commissioner.\nIf a person mentioned in subsection (1) (a) , (b) or (c) is present in court when the order is made or varied, the clerk of the court may give the person a copy of the order, or varied order, before the person leaves the court.\nHowever, the clerk of the court is not required to comply with subsection (1) (a) , (b) or (c) if the clerk of the court can not locate the person, or identify an address for the place of residence or business of the person, after making all reasonable enquiries.\nAlso, the clerk of the court is not required to comply with subsection (1) (c) if the clerk of the court reasonably believes that—\nthe named person is a child; and\na copy of the order has already been given to a parent of the child because the parent is an aggrieved or named person.\nFailure to comply with this section does not invalidate or otherwise affect a domestic violence order.\nThis section is subject to section 188 .\n(sec.185-ssec.1) If a court makes or varies a domestic violence order, the clerk of the court must, as soon as reasonably practicable after the order is made or varied, give a copy of the order, or varied order, to— the aggrieved; and an applicant who is not an aggrieved or a police officer; and each named person; and the police commissioner.\n(sec.185-ssec.2) If a person mentioned in subsection (1) (a) , (b) or (c) is present in court when the order is made or varied, the clerk of the court may give the person a copy of the order, or varied order, before the person leaves the court.\n(sec.185-ssec.3) However, the clerk of the court is not required to comply with subsection (1) (a) , (b) or (c) if the clerk of the court can not locate the person, or identify an address for the place of residence or business of the person, after making all reasonable enquiries.\n(sec.185-ssec.4) Also, the clerk of the court is not required to comply with subsection (1) (c) if the clerk of the court reasonably believes that— the named person is a child; and a copy of the order has already been given to a parent of the child because the parent is an aggrieved or named person.\n(sec.185-ssec.5) Failure to comply with this section does not invalidate or otherwise affect a domestic violence order.\n(sec.185-ssec.6) This section is subject to section 188 .\n- (a) the aggrieved; and\n- (b) an applicant who is not an aggrieved or a police officer; and\n- (c) each named person; and\n- (d) the police commissioner.\n- (a) the named person is a child; and\n- (b) a copy of the order has already been given to a parent of the child because the parent is an aggrieved or named person.","sortOrder":378},{"sectionNumber":"sec.186","sectionType":"section","heading":"Court to give intervention order to aggrieved","content":"### sec.186 Court to give intervention order to aggrieved\n\nThis section applies if a court makes an intervention order.\nThe court must give a copy of the intervention order to the aggrieved.\nIf the aggrieved is present in court when the order is made, the clerk of the court may give the aggrieved a copy of the order before the person leaves the court.\nThe clerk of the court is not required to comply with subsection (2) if the clerk of the court can not locate the aggrieved, or identify an address for the place of residence or business of the aggrieved, after making all reasonable enquiries.\nFailure to comply with this section does not invalidate or otherwise affect an intervention order.\nThis section is subject to section 188 .\ns 186 amd 2016 No. 51 s 73 sch 1\n(sec.186-ssec.1) This section applies if a court makes an intervention order.\n(sec.186-ssec.2) The court must give a copy of the intervention order to the aggrieved.\n(sec.186-ssec.3) If the aggrieved is present in court when the order is made, the clerk of the court may give the aggrieved a copy of the order before the person leaves the court.\n(sec.186-ssec.4) The clerk of the court is not required to comply with subsection (2) if the clerk of the court can not locate the aggrieved, or identify an address for the place of residence or business of the aggrieved, after making all reasonable enquiries.\n(sec.186-ssec.5) Failure to comply with this section does not invalidate or otherwise affect an intervention order.\n(sec.186-ssec.6) This section is subject to section 188 .","sortOrder":379},{"sectionNumber":"sec.186A","sectionType":"section","heading":"Complainant to be informed of diversion order","content":"### sec.186A Complainant to be informed of diversion order\n\nThis section applies if a court makes a diversion order in relation to a defendant.\nThe police commissioner must inform the complainant of the making of the diversion order.\nThe police commissioner is not required to comply with subsection (2) if—\nthe complainant was present in court when the order was made; or\nthe police commissioner can not locate the complainant, or identify an address for the place of residence or business of the complainant, after making all reasonable enquiries.\nFailure to comply with this section does not invalidate or otherwise affect the diversion order.\ns 186A ins 2024 No. 5 s 43\n(sec.186A-ssec.1) This section applies if a court makes a diversion order in relation to a defendant.\n(sec.186A-ssec.2) The police commissioner must inform the complainant of the making of the diversion order.\n(sec.186A-ssec.3) The police commissioner is not required to comply with subsection (2) if— the complainant was present in court when the order was made; or the police commissioner can not locate the complainant, or identify an address for the place of residence or business of the complainant, after making all reasonable enquiries.\n(sec.186A-ssec.4) Failure to comply with this section does not invalidate or otherwise affect the diversion order.\n- (a) the complainant was present in court when the order was made; or\n- (b) the police commissioner can not locate the complainant, or identify an address for the place of residence or business of the complainant, after making all reasonable enquiries.","sortOrder":380},{"sectionNumber":"sec.187","sectionType":"section","heading":"Court to give notice of adjournment to absent respondent","content":"### sec.187 Court to give notice of adjournment to absent respondent\n\nThis section applies if—\na court adjourns—\nthe hearing of an application for the making or variation of a domestic violence order; or\na proceeding mentioned in section 42 or 43 ; and\nthe respondent is not present in court when the adjournment is made.\nIf the respondent has been served with a copy of the application for the making or variation of the domestic violence order mentioned in subsection (1) (a) (i) , or subsection (1) (a) (ii) applies, the clerk of the court must give a written notice to the respondent stating—\nthe date, time and place to which the hearing of the application is adjourned; and\nthat if the respondent does not appear in court on the later day to which the matter has been adjourned, a domestic violence order may be made in the respondent’s absence, or the court may issue a warrant for the respondent to be taken into custody by a police officer.\nIf the respondent has not been served with a copy of the application for the making or variation of the domestic violence order mentioned in subsection (1) (a) (i) , the clerk of the court must—\nwrite on a copy of the application the date, time and place to which the hearing of the application is adjourned; and\ngive the copy of the application to the officer in charge of the police station nearest the place where the respondent lives or was last known to live.\nA police officer must personally serve the copy of the application mentioned in subsection (3) (b) on the respondent.\nThe clerk of the court is not required to comply with subsection (2) if the clerk of the court can not locate the respondent, or identify an address for the place of residence or business of the respondent, after making all reasonable enquiries.\nFailure to comply with this section does not invalidate or otherwise affect a domestic violence order.\nThis section is subject to section 188 .\n(sec.187-ssec.1) This section applies if— a court adjourns— the hearing of an application for the making or variation of a domestic violence order; or a proceeding mentioned in section 42 or 43 ; and the respondent is not present in court when the adjournment is made.\n(sec.187-ssec.2) If the respondent has been served with a copy of the application for the making or variation of the domestic violence order mentioned in subsection (1) (a) (i) , or subsection (1) (a) (ii) applies, the clerk of the court must give a written notice to the respondent stating— the date, time and place to which the hearing of the application is adjourned; and that if the respondent does not appear in court on the later day to which the matter has been adjourned, a domestic violence order may be made in the respondent’s absence, or the court may issue a warrant for the respondent to be taken into custody by a police officer.\n(sec.187-ssec.3) If the respondent has not been served with a copy of the application for the making or variation of the domestic violence order mentioned in subsection (1) (a) (i) , the clerk of the court must— write on a copy of the application the date, time and place to which the hearing of the application is adjourned; and give the copy of the application to the officer in charge of the police station nearest the place where the respondent lives or was last known to live.\n(sec.187-ssec.4) A police officer must personally serve the copy of the application mentioned in subsection (3) (b) on the respondent.\n(sec.187-ssec.5) The clerk of the court is not required to comply with subsection (2) if the clerk of the court can not locate the respondent, or identify an address for the place of residence or business of the respondent, after making all reasonable enquiries.\n(sec.187-ssec.6) Failure to comply with this section does not invalidate or otherwise affect a domestic violence order.\n(sec.187-ssec.7) This section is subject to section 188 .\n- (a) a court adjourns— (i) the hearing of an application for the making or variation of a domestic violence order; or (ii) a proceeding mentioned in section 42 or 43 ; and\n- (i) the hearing of an application for the making or variation of a domestic violence order; or\n- (ii) a proceeding mentioned in section 42 or 43 ; and\n- (b) the respondent is not present in court when the adjournment is made.\n- (i) the hearing of an application for the making or variation of a domestic violence order; or\n- (ii) a proceeding mentioned in section 42 or 43 ; and\n- (a) the date, time and place to which the hearing of the application is adjourned; and\n- (b) that if the respondent does not appear in court on the later day to which the matter has been adjourned, a domestic violence order may be made in the respondent’s absence, or the court may issue a warrant for the respondent to be taken into custody by a police officer.\n- (a) write on a copy of the application the date, time and place to which the hearing of the application is adjourned; and\n- (b) give the copy of the application to the officer in charge of the police station nearest the place where the respondent lives or was last known to live.","sortOrder":381},{"sectionNumber":"sec.188","sectionType":"section","heading":"Giving of document to child","content":"### sec.188 Giving of document to child\n\nThis section applies if this Act authorises or requires a document to be given to, or served on, a child.\nA person responsible for giving the document to, or serving the document on, the child—\nmust also give a copy of the document to a parent of the child; and\nmust not give the document to, or serve the document on, the child at or in the vicinity of the child’s school, unless there is no other place where the giving of the document to, or service of the document on, the child may be reasonably effected.\nA court may dispense with the requirement to give a copy of a document to a parent of the child if the court is satisfied that—\nthe person responsible for giving the document can not locate a parent of the child after making all reasonable enquiries; or\nthere are other special circumstances for giving the dispensation.\nthe child is estranged from the child’s parents\nthere would be an unacceptable risk of harm to the child if the parent was given a copy of the document\nFor the purpose of subsection (1) , the age of a person is to be ascertained on the day that the document is to be given to the person.\nThis section does not apply in relation to a child if the person responsible for giving the document to, or serving the document on, the child believes on reasonable grounds that the child is an adult.\nFailure to comply with this section does not invalidate or otherwise affect a domestic violence order, a police protection direction, a police protection notice or release conditions.\nIn this section—\nparent , of a child, includes the chief executive (child protection) if the chief executive (child protection) has custody or guardianship of the child under the Child Protection Act 1999 .\ns 188 amd 2025 No. 18 s 35\n(sec.188-ssec.1) This section applies if this Act authorises or requires a document to be given to, or served on, a child.\n(sec.188-ssec.2) A person responsible for giving the document to, or serving the document on, the child— must also give a copy of the document to a parent of the child; and must not give the document to, or serve the document on, the child at or in the vicinity of the child’s school, unless there is no other place where the giving of the document to, or service of the document on, the child may be reasonably effected.\n(sec.188-ssec.3) A court may dispense with the requirement to give a copy of a document to a parent of the child if the court is satisfied that— the person responsible for giving the document can not locate a parent of the child after making all reasonable enquiries; or there are other special circumstances for giving the dispensation. the child is estranged from the child’s parents there would be an unacceptable risk of harm to the child if the parent was given a copy of the document\n(sec.188-ssec.4) For the purpose of subsection (1) , the age of a person is to be ascertained on the day that the document is to be given to the person.\n(sec.188-ssec.5) This section does not apply in relation to a child if the person responsible for giving the document to, or serving the document on, the child believes on reasonable grounds that the child is an adult.\n(sec.188-ssec.6) Failure to comply with this section does not invalidate or otherwise affect a domestic violence order, a police protection direction, a police protection notice or release conditions.\n(sec.188-ssec.7) In this section— parent , of a child, includes the chief executive (child protection) if the chief executive (child protection) has custody or guardianship of the child under the Child Protection Act 1999 .\n- (a) must also give a copy of the document to a parent of the child; and\n- (b) must not give the document to, or serve the document on, the child at or in the vicinity of the child’s school, unless there is no other place where the giving of the document to, or service of the document on, the child may be reasonably effected.\n- (a) the person responsible for giving the document can not locate a parent of the child after making all reasonable enquiries; or\n- (b) there are other special circumstances for giving the dispensation. Examples of other special circumstances— • the child is estranged from the child’s parents • there would be an unacceptable risk of harm to the child if the parent was given a copy of the document\n- • the child is estranged from the child’s parents\n- • there would be an unacceptable risk of harm to the child if the parent was given a copy of the document\n- • the child is estranged from the child’s parents\n- • there would be an unacceptable risk of harm to the child if the parent was given a copy of the document","sortOrder":382},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":383},{"sectionNumber":"sec.189","sectionType":"section","heading":"Evidentiary provision","content":"### sec.189 Evidentiary provision\n\nThis section applies to any proceeding with the view to giving effect to any provision of this Act.\nA document purporting to be a copy of any of the following orders is evidence of the making of the order and the matters contained in the order—\na protection order;\na temporary protection order;\na varied order;\nan intervention order;\na diversion order.\nA certificate signed by the police commissioner and stating any of the following is evidence of what it states—\non a stated day and at a stated time a stated police officer issued a stated police protection direction or stated police protection notice;\non a stated day and at a stated time a stated police officer was a supervising police officer under section 100K or 102;\non a stated day and at a stated time a stated supervising police officer approved the issuing of a stated police protection direction or stated police protection notice;\non a stated day and at a stated time a stated police officer was a releasing police officer under section 101A or 125 ;\non a stated day and at a stated time a stated releasing police officer released a stated person from custody on stated release conditions.\nIf, in a criminal proceeding, the prosecuting authority intends to rely on a certificate under subsection (3) , it must, at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.\nIf the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.\nIf the defendant acts under subsection (5) , the certificate stops being evidence of the matter to be challenged.\nIn this section—\nhearing day means the day the hearing of the criminal proceeding starts.\ns 189 amd 2016 No. 51 s 73 sch 1 ; 2024 No. 5 s 44 ; 2025 No. 18 s 36\n(sec.189-ssec.1) This section applies to any proceeding with the view to giving effect to any provision of this Act.\n(sec.189-ssec.2) A document purporting to be a copy of any of the following orders is evidence of the making of the order and the matters contained in the order— a protection order; a temporary protection order; a varied order; an intervention order; a diversion order.\n(sec.189-ssec.3) A certificate signed by the police commissioner and stating any of the following is evidence of what it states— on a stated day and at a stated time a stated police officer issued a stated police protection direction or stated police protection notice; on a stated day and at a stated time a stated police officer was a supervising police officer under section 100K or 102; on a stated day and at a stated time a stated supervising police officer approved the issuing of a stated police protection direction or stated police protection notice; on a stated day and at a stated time a stated police officer was a releasing police officer under section 101A or 125 ; on a stated day and at a stated time a stated releasing police officer released a stated person from custody on stated release conditions.\n(sec.189-ssec.4) If, in a criminal proceeding, the prosecuting authority intends to rely on a certificate under subsection (3) , it must, at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.\n(sec.189-ssec.5) If the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.\n(sec.189-ssec.6) If the defendant acts under subsection (5) , the certificate stops being evidence of the matter to be challenged.\n(sec.189-ssec.7) In this section— hearing day means the day the hearing of the criminal proceeding starts.\n- (a) a protection order;\n- (b) a temporary protection order;\n- (c) a varied order;\n- (d) an intervention order;\n- (e) a diversion order.\n- (a) on a stated day and at a stated time a stated police officer issued a stated police protection direction or stated police protection notice;\n- (b) on a stated day and at a stated time a stated police officer was a supervising police officer under section 100K or 102;\n- (c) on a stated day and at a stated time a stated supervising police officer approved the issuing of a stated police protection direction or stated police protection notice;\n- (d) on a stated day and at a stated time a stated police officer was a releasing police officer under section 101A or 125 ;\n- (e) on a stated day and at a stated time a stated releasing police officer released a stated person from custody on stated release conditions.","sortOrder":384},{"sectionNumber":"sec.189A","sectionType":"section","heading":"Act applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986","content":"### sec.189A Act applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986\n\nThis Act applies in relation to a person despite the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ns 189A ins 2023 No. 1 s 54","sortOrder":385},{"sectionNumber":"sec.189B","sectionType":"section","heading":"Police commissioner’s obligation to give respondent’s criminal history and domestic violence history to court","content":"### sec.189B Police commissioner’s obligation to give respondent’s criminal history and domestic violence history to court\n\nThis section applies if the police commissioner is required to ensure a copy of a respondent’s criminal history and domestic violence history is filed in or given to a court under section 36A or 90A .\nThe obligation applies only to information—\nin the police commissioner’s possession; or\nthat, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under this Act.\nIf a respondent’s domestic violence history includes a domestic violence order made or varied with the respondent’s consent under section 51 , a copy of the respondent’s domestic violence history filed in or given to a court under section 36A or 90A must state that fact.\ns 189B ins 2023 No. 1 s 54\n(sec.189B-ssec.1) This section applies if the police commissioner is required to ensure a copy of a respondent’s criminal history and domestic violence history is filed in or given to a court under section 36A or 90A .\n(sec.189B-ssec.2) The obligation applies only to information— in the police commissioner’s possession; or that, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under this Act.\n(sec.189B-ssec.3) If a respondent’s domestic violence history includes a domestic violence order made or varied with the respondent’s consent under section 51 , a copy of the respondent’s domestic violence history filed in or given to a court under section 36A or 90A must state that fact.\n- (a) in the police commissioner’s possession; or\n- (b) that, under a law, the police commissioner is permitted to access and give to the court to be used in a proceeding under this Act.","sortOrder":386},{"sectionNumber":"sec.189C","sectionType":"section","heading":"Police protection directions register","content":"### sec.189C Police protection directions register\n\nThe police commissioner must keep a register of police protection directions in a form that the commissioner considers appropriate.\nThe register must contain particulars of all police protection directions issued by police officers, including—\nparticulars of—\nthe respondent; and\nthe aggrieved; and\neach named person; and\nthe date of issue and expiry; and\nthe date, if any, that the direction ceased to have effect under section 100R ; and\neach amendment under part 4 , division 1A , subdivision 3 ; and\neach application for review under part 4 , division 1A , subdivision 4 , and the outcome of the review; and\neach application for review under part 4 , division 1A , subdivision 5 , and the outcome of the review.\nThe particulars in the register about a particular police protection direction must, on request by the respondent, the aggrieved or a named person, be made available for inspection by the respondent, aggrieved or named person.\nTo remove any doubt, it is declared that the register is to include particulars of police protection directions that have been revoked or set aside by a court.\ns 189C ins 2025 No. 18 s 37\n(sec.189C-ssec.1) The police commissioner must keep a register of police protection directions in a form that the commissioner considers appropriate.\n(sec.189C-ssec.2) The register must contain particulars of all police protection directions issued by police officers, including— particulars of— the respondent; and the aggrieved; and each named person; and the date of issue and expiry; and the date, if any, that the direction ceased to have effect under section 100R ; and each amendment under part 4 , division 1A , subdivision 3 ; and each application for review under part 4 , division 1A , subdivision 4 , and the outcome of the review; and each application for review under part 4 , division 1A , subdivision 5 , and the outcome of the review.\n(sec.189C-ssec.3) The particulars in the register about a particular police protection direction must, on request by the respondent, the aggrieved or a named person, be made available for inspection by the respondent, aggrieved or named person.\n(sec.189C-ssec.4) To remove any doubt, it is declared that the register is to include particulars of police protection directions that have been revoked or set aside by a court.\n- (a) particulars of— (i) the respondent; and (ii) the aggrieved; and (iii) each named person; and\n- (i) the respondent; and\n- (ii) the aggrieved; and\n- (iii) each named person; and\n- (b) the date of issue and expiry; and\n- (c) the date, if any, that the direction ceased to have effect under section 100R ; and\n- (d) each amendment under part 4 , division 1A , subdivision 3 ; and\n- (e) each application for review under part 4 , division 1A , subdivision 4 , and the outcome of the review; and\n- (f) each application for review under part 4 , division 1A , subdivision 5 , and the outcome of the review.\n- (i) the respondent; and\n- (ii) the aggrieved; and\n- (iii) each named person; and","sortOrder":387},{"sectionNumber":"sec.190","sectionType":"section","heading":"Protection from liability","content":"### sec.190 Protection from liability\n\nA member of the Queensland police service does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member of the Queensland police service, the liability attaches instead to the State.\n(sec.190-ssec.1) A member of the Queensland police service does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.190-ssec.2) If subsection (1) prevents a civil liability attaching to a member of the Queensland police service, the liability attaches instead to the State.","sortOrder":388},{"sectionNumber":"sec.191","sectionType":"section","heading":"Approved forms","content":"### sec.191 Approved forms\n\nA form may be approved for use under this Act.\nThe form may be approved by—\nif the form is to be used for an application to the court or another purpose relating to the court—the chief executive (magistrates court); or\notherwise—the chief executive.\n(sec.191-ssec.1) A form may be approved for use under this Act.\n(sec.191-ssec.2) The form may be approved by— if the form is to be used for an application to the court or another purpose relating to the court—the chief executive (magistrates court); or otherwise—the chief executive.\n- (a) if the form is to be used for an application to the court or another purpose relating to the court—the chief executive (magistrates court); or\n- (b) otherwise—the chief executive.","sortOrder":389},{"sectionNumber":"sec.192","sectionType":"section","heading":"Review of Act","content":"### sec.192 Review of Act\n\nThe Minister must ensure the operation of this Act is reviewed as soon as practicable after the day that is 5 years after the relevant day.\nThe review must include a review of—\nthe main objects of the Act as mentioned in section 3 ; and\nwhether the provisions of the Act are meeting the main objects; and\nwhether the provisions of the Act remain appropriate.\nThe Minister must, as soon as practicable after the review is finished, table in the Legislative Assembly a report on the outcome of the review.\nIn this section—\nrelevant day means the day the Domestic and Family Violence Protection and Other Legislation Amendment Act 2016 , section 48 commenced.\ns 192 amd 2016 No. 51 s 48\n(sec.192-ssec.1) The Minister must ensure the operation of this Act is reviewed as soon as practicable after the day that is 5 years after the relevant day.\n(sec.192-ssec.2) The review must include a review of— the main objects of the Act as mentioned in section 3 ; and whether the provisions of the Act are meeting the main objects; and whether the provisions of the Act remain appropriate.\n(sec.192-ssec.3) The Minister must, as soon as practicable after the review is finished, table in the Legislative Assembly a report on the outcome of the review.\n(sec.192-ssec.4) In this section— relevant day means the day the Domestic and Family Violence Protection and Other Legislation Amendment Act 2016 , section 48 commenced.\n- (a) the main objects of the Act as mentioned in section 3 ; and\n- (b) whether the provisions of the Act are meeting the main objects; and\n- (c) whether the provisions of the Act remain appropriate.","sortOrder":390},{"sectionNumber":"sec.192A","sectionType":"section","heading":"Review of police protection directions provisions","content":"### sec.192A Review of police protection directions provisions\n\nThe Minister must ensure the operation of the police protection direction provisions is reviewed as soon as practicable after the day that is 2 years after the commencement.\nThe review must include a review of—\nwhether police protection directions have been effective in improving the safety, protection and wellbeing of people who fear or experience domestic violence; and\nwhether the issuing of police protection directions has had any impact on courts in relation to civil or criminal proceedings about domestic violence; and\nwhether the police protection directions provisions—\nhave improved the efficiency of the exercise of police powers under this Act; and\nremain appropriate.\nThe Minister must, as soon as practicable after the review is finished, table in the Legislative Assembly a report on the outcome of the review.\nIn this section—\npolice protection directions provisions means the provisions of this Act about police protection directions.\ns 192A ins 2025 No. 18 s 38\n(sec.192A-ssec.1) The Minister must ensure the operation of the police protection direction provisions is reviewed as soon as practicable after the day that is 2 years after the commencement.\n(sec.192A-ssec.2) The review must include a review of— whether police protection directions have been effective in improving the safety, protection and wellbeing of people who fear or experience domestic violence; and whether the issuing of police protection directions has had any impact on courts in relation to civil or criminal proceedings about domestic violence; and whether the police protection directions provisions— have improved the efficiency of the exercise of police powers under this Act; and remain appropriate.\n(sec.192A-ssec.3) The Minister must, as soon as practicable after the review is finished, table in the Legislative Assembly a report on the outcome of the review.\n(sec.192A-ssec.4) In this section— police protection directions provisions means the provisions of this Act about police protection directions.\n- (a) whether police protection directions have been effective in improving the safety, protection and wellbeing of people who fear or experience domestic violence; and\n- (b) whether the issuing of police protection directions has had any impact on courts in relation to civil or criminal proceedings about domestic violence; and\n- (c) whether the police protection directions provisions— (i) have improved the efficiency of the exercise of police powers under this Act; and (ii) remain appropriate.\n- (i) have improved the efficiency of the exercise of police powers under this Act; and\n- (ii) remain appropriate.\n- (i) have improved the efficiency of the exercise of police powers under this Act; and\n- (ii) remain appropriate.","sortOrder":391},{"sectionNumber":"sec.193","sectionType":"section","heading":"Regulation-making power","content":"### sec.193 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":392},{"sectionNumber":"pt.9","sectionType":"part","heading":"Repeal provision","content":"# Repeal provision","sortOrder":393},{"sectionNumber":"sec.194","sectionType":"section","heading":"Repeal","content":"### sec.194 Repeal\n\nThe Domestic and Family Violence Protection Act 1989 , No. 42 is repealed.","sortOrder":394},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":395},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 5 of 2012","content":"## Transitional provisions for Act No. 5 of 2012","sortOrder":396},{"sectionNumber":"sec.195","sectionType":"section","heading":"Definitions for division","content":"### sec.195 Definitions for division\n\nIn this division—\ncommencement means the commencement of the provision in which the term appears.\nrepealed Act means the Domestic and Family Violence Protection Act 1989 .\ns 195 amd 2015 No. 34 s 15","sortOrder":397},{"sectionNumber":"sec.196","sectionType":"section","heading":"Domestic violence order to continue to have effect","content":"### sec.196 Domestic violence order to continue to have effect\n\nThis section applies to a domestic violence order made or varied under the repealed Act that was in force immediately before the commencement.\nThe domestic violence order is taken to have been made or varied under this Act.\nA condition of the domestic violence order is taken to be a condition imposed under part 3, division 5 of this Act.\nIf an adult was named in the domestic violence order under section 21 of the repealed Act, the adult is taken to be a person named in the order under section 52 of this Act.\nIf a child was named in the domestic violence order under section 21 of the repealed Act, the child is taken to be a person named in the order under section 53 of this Act.\nSection 177 of this Act applies in relation to the domestic violence order even though a thing mentioned in section 177(1)(a) to (c) happened before the commencement of that section.\nA reference in section 177(2) of this Act to an offence under part 7 includes an offence under section 80 of the repealed Act.\n(sec.196-ssec.1) This section applies to a domestic violence order made or varied under the repealed Act that was in force immediately before the commencement.\n(sec.196-ssec.2) The domestic violence order is taken to have been made or varied under this Act.\n(sec.196-ssec.3) A condition of the domestic violence order is taken to be a condition imposed under part 3, division 5 of this Act.\n(sec.196-ssec.4) If an adult was named in the domestic violence order under section 21 of the repealed Act, the adult is taken to be a person named in the order under section 52 of this Act.\n(sec.196-ssec.5) If a child was named in the domestic violence order under section 21 of the repealed Act, the child is taken to be a person named in the order under section 53 of this Act.\n(sec.196-ssec.6) Section 177 of this Act applies in relation to the domestic violence order even though a thing mentioned in section 177(1)(a) to (c) happened before the commencement of that section.\n(sec.196-ssec.7) A reference in section 177(2) of this Act to an offence under part 7 includes an offence under section 80 of the repealed Act.","sortOrder":398},{"sectionNumber":"sec.197","sectionType":"section","heading":"Application for protection order","content":"### sec.197 Application for protection order\n\nThis section applies to an application for a protection order under the repealed Act if, on the commencement, the application had not been finally dealt with.\nThe application is taken to have been made under section 32 of this Act.\n(sec.197-ssec.1) This section applies to an application for a protection order under the repealed Act if, on the commencement, the application had not been finally dealt with.\n(sec.197-ssec.2) The application is taken to have been made under section 32 of this Act.","sortOrder":399},{"sectionNumber":"sec.198","sectionType":"section","heading":"Domestic violence committed before commencement","content":"### sec.198 Domestic violence committed before commencement\n\nA court may make an order under a provision of this Act in relation to domestic violence committed before the commencement of the provision.","sortOrder":400},{"sectionNumber":"sec.199","sectionType":"section","heading":"Offences committed before commencement","content":"### sec.199 Offences committed before commencement\n\nA reference in section 42 to an offence involving domestic violence includes an offence committed before the commencement of that section.","sortOrder":401},{"sectionNumber":"sec.200","sectionType":"section","heading":"Child protection proceedings started before commencement","content":"### sec.200 Child protection proceedings started before commencement\n\nA reference in section 43 to a child protection proceeding includes a proceeding started before the commencement of that section.","sortOrder":402},{"sectionNumber":"sec.201","sectionType":"section","heading":"Adjournment of matter of making protection order by court on its own initiative","content":"### sec.201 Adjournment of matter of making protection order by court on its own initiative\n\nThis section applies if, under section 53(1)(b) of the repealed Act, a court adjourned the matter of making a protection order to a day after the commencement.\nThe matter is taken to have been adjourned under section 42(5)(b) of this Act.\n(sec.201-ssec.1) This section applies if, under section 53(1)(b) of the repealed Act, a court adjourned the matter of making a protection order to a day after the commencement.\n(sec.201-ssec.2) The matter is taken to have been adjourned under section 42(5)(b) of this Act.","sortOrder":403},{"sectionNumber":"sec.202","sectionType":"section","heading":"Summons to attend","content":"### sec.202 Summons to attend\n\nThis section applies to a summons issued to a person under section 39 of the repealed Act if the summons is still in force immediately before the commencement.\nThe summons is taken to be a subpoena under section 154 of this Act.\n(sec.202-ssec.1) This section applies to a summons issued to a person under section 39 of the repealed Act if the summons is still in force immediately before the commencement.\n(sec.202-ssec.2) The summons is taken to be a subpoena under section 154 of this Act.","sortOrder":404},{"sectionNumber":"sec.203","sectionType":"section","heading":"Application to register interstate order","content":"### sec.203 Application to register interstate order\n\nThis section applies to an application to register an interstate order under section 40 of the repealed Act if, on the commencement, the application had not been finally dealt with.\nThe application is taken to be an application for the registration of the order under section 170 of this Act.\n(sec.203-ssec.1) This section applies to an application to register an interstate order under section 40 of the repealed Act if, on the commencement, the application had not been finally dealt with.\n(sec.203-ssec.2) The application is taken to be an application for the registration of the order under section 170 of this Act.","sortOrder":405},{"sectionNumber":"sec.204","sectionType":"section","heading":"Registered interstate order to continue to have effect","content":"### sec.204 Registered interstate order to continue to have effect\n\nThis section applies to an interstate order registered under section 42 of the repealed Act or varied under section 45 of the repealed Act, if the interstate order is in force immediately before the commencement.\nThe interstate order is taken to have been registered under section 172 of this Act or varied under section 175 of this Act.\n(sec.204-ssec.1) This section applies to an interstate order registered under section 42 of the repealed Act or varied under section 45 of the repealed Act, if the interstate order is in force immediately before the commencement.\n(sec.204-ssec.2) The interstate order is taken to have been registered under section 172 of this Act or varied under section 175 of this Act.","sortOrder":406},{"sectionNumber":"sec.205","sectionType":"section","heading":"Application for variation of domestic violence order","content":"### sec.205 Application for variation of domestic violence order\n\nThis section applies to an application for the variation of a domestic violence order under section 51 of the repealed Act, if, on the commencement, the application had not been finally dealt with.\nThe application is taken to be an application under section 86 of this Act.\n(sec.205-ssec.1) This section applies to an application for the variation of a domestic violence order under section 51 of the repealed Act, if, on the commencement, the application had not been finally dealt with.\n(sec.205-ssec.2) The application is taken to be an application under section 86 of this Act.","sortOrder":407},{"sectionNumber":"sec.206","sectionType":"section","heading":"Application for revocation of domestic violence order","content":"### sec.206 Application for revocation of domestic violence order\n\nThis section applies to an application for the revocation of a domestic violence order under section 51 of the repealed Act if, on the commencement, the application had not been finally dealt with.\nThe application is taken to be an application, under section 86 of this Act, for a variation of the order by stating an earlier date on which the order ends.\n(sec.206-ssec.1) This section applies to an application for the revocation of a domestic violence order under section 51 of the repealed Act if, on the commencement, the application had not been finally dealt with.\n(sec.206-ssec.2) The application is taken to be an application, under section 86 of this Act, for a variation of the order by stating an earlier date on which the order ends.","sortOrder":408},{"sectionNumber":"sec.207","sectionType":"section","heading":"Application by police for temporary protection order","content":"### sec.207 Application by police for temporary protection order\n\nThis section applies to an application for a temporary protection order under section 54 of the repealed Act if, on the commencement, the application had not been finally dealt with.\nThe application is taken to be an application for a temporary protection order under section 129 of this Act.\n(sec.207-ssec.1) This section applies to an application for a temporary protection order under section 54 of the repealed Act if, on the commencement, the application had not been finally dealt with.\n(sec.207-ssec.2) The application is taken to be an application for a temporary protection order under section 129 of this Act.","sortOrder":409},{"sectionNumber":"sec.208","sectionType":"section","heading":"Service and other things done in relation to continued applications","content":"### sec.208 Service and other things done in relation to continued applications\n\nThis section applies to an application under the repealed Act that, under this division, is taken to be an application made under this Act.\nThe service of a copy of the application, or another thing done in relation to the application, before the commencement is taken to have been done under this Act.\ns 208 amd 2015 No. 34 s 16\n(sec.208-ssec.1) This section applies to an application under the repealed Act that, under this division, is taken to be an application made under this Act.\n(sec.208-ssec.2) The service of a copy of the application, or another thing done in relation to the application, before the commencement is taken to have been done under this Act.","sortOrder":410},{"sectionNumber":"sec.209","sectionType":"section","heading":"Appeal","content":"### sec.209 Appeal\n\nThis section applies to an appeal against an order or a decision under section 63 of the repealed Act if, on the commencement, the appeal had not been finally dealt with.\nThe appeal is taken to be an appeal under section 165 of this Act.\n(sec.209-ssec.1) This section applies to an appeal against an order or a decision under section 63 of the repealed Act if, on the commencement, the appeal had not been finally dealt with.\n(sec.209-ssec.2) The appeal is taken to be an appeal under section 165 of this Act.","sortOrder":411},{"sectionNumber":"sec.210","sectionType":"section","heading":"Person taken into custody","content":"### sec.210 Person taken into custody\n\nThis section applies to a person taken into custody before the commencement under section 69 of the repealed Act.\nIf, at the commencement, the person is still in custody, the person is taken to have been taken into custody under part 4, division 3 of this Act.\nIf, at the commencement, the person is on release on conditions under section 71(3)(b) of the repealed Act, the person is taken to have been released on conditions under section 125 of this Act.\n(sec.210-ssec.1) This section applies to a person taken into custody before the commencement under section 69 of the repealed Act.\n(sec.210-ssec.2) If, at the commencement, the person is still in custody, the person is taken to have been taken into custody under part 4, division 3 of this Act.\n(sec.210-ssec.3) If, at the commencement, the person is on release on conditions under section 71(3)(b) of the repealed Act, the person is taken to have been released on conditions under section 125 of this Act.","sortOrder":412},{"sectionNumber":"sec.211","sectionType":"section","heading":"Restriction on publication of proceedings","content":"### sec.211 Restriction on publication of proceedings\n\nA reference in section 159 to a proceeding under this Act includes a proceeding under the repealed Act.","sortOrder":413},{"sectionNumber":"sec.212","sectionType":"section","heading":"Restriction on obtaining copies of documents","content":"### sec.212 Restriction on obtaining copies of documents\n\nA reference in section 160 to a proceeding under this Act includes a proceeding under the repealed Act.","sortOrder":414},{"sectionNumber":"sec.213","sectionType":"section","heading":"Information provided to adult guardian","content":"### sec.213 Information provided to adult guardian\n\nThis section applies if the court provided information to the adult guardian under section 31 of the repealed Act.\nThe court is taken to have provided the information under section 163 of this Act.\n(sec.213-ssec.1) This section applies if the court provided information to the adult guardian under section 31 of the repealed Act.\n(sec.213-ssec.2) The court is taken to have provided the information under section 163 of this Act.","sortOrder":415},{"sectionNumber":"sec.214","sectionType":"section","heading":"References to repealed Act","content":"### sec.214 References to repealed Act\n\nIf the context permits, a reference in another Act or document to the repealed Act may be taken to be a reference to this Act.","sortOrder":416},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Transitional provision for Domestic and Family Violence Protection and Another Act Amendment Act 2015","content":"## Transitional provision for Domestic and Family Violence Protection and Another Act Amendment Act 2015","sortOrder":417},{"sectionNumber":"sec.215","sectionType":"section","heading":"Application to make or vary domestic violence order","content":"### sec.215 Application to make or vary domestic violence order\n\nThis Act, as amended by the Domestic and Family Violence Protection and Another Act Amendment Act 2015 , applies to a proceeding for an application to make or vary a domestic violence order whether the proceeding started before or after the commencement.\ns 215 ins 2015 No. 34 s 17","sortOrder":418},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2016","content":"## Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2016","sortOrder":419},{"sectionNumber":"sec.216","sectionType":"section","heading":"Definitions for division","content":"### sec.216 Definitions for division\n\nIn this division—\namended Act means this Act as amended by the amendment Act.\namended part 6 means part 6 as amended by the amendment Act.\namendment Act means the Domestic and Family Violence Protection and Other Legislation Amendment Act 2016 .\nTerms used in subdivision 3 have the same meaning they have in part 6.\ns 216 ins 2016 No. 51 s 49\namd 2016 No. 51 s 59\n(sec.216-ssec.1) In this division— amended Act means this Act as amended by the amendment Act. amended part 6 means part 6 as amended by the amendment Act. amendment Act means the Domestic and Family Violence Protection and Other Legislation Amendment Act 2016 .\n(sec.216-ssec.2) Terms used in subdivision 3 have the same meaning they have in part 6.","sortOrder":420},{"sectionNumber":"sec.217","sectionType":"section","heading":"Application to make or vary domestic violence order","content":"### sec.217 Application to make or vary domestic violence order\n\nThe amended Act applies to a proceeding for an application to make or vary a domestic violence order whether the proceeding was started before or after the commencement.\nWithout limiting subsection (1), if an intervention order has previously been made against the respondent, the respondent’s compliance with the order must not be the only reason the court decides—\nfor an application to make a protection order—to refuse to make a protection order; or\nfor an application to vary a domestic violence order—to vary a protection order.\ns 217 ins 2016 No. 51 s 49\n(sec.217-ssec.1) The amended Act applies to a proceeding for an application to make or vary a domestic violence order whether the proceeding was started before or after the commencement.\n(sec.217-ssec.2) Without limiting subsection (1), if an intervention order has previously been made against the respondent, the respondent’s compliance with the order must not be the only reason the court decides— for an application to make a protection order—to refuse to make a protection order; or for an application to vary a domestic violence order—to vary a protection order.\n- (a) for an application to make a protection order—to refuse to make a protection order; or\n- (b) for an application to vary a domestic violence order—to vary a protection order.","sortOrder":421},{"sectionNumber":"sec.218","sectionType":"section","heading":"Obligation for domestic violence order to include written explanation","content":"### sec.218 Obligation for domestic violence order to include written explanation\n\nThis section applies in relation to a domestic violence order made before the commencement.\nSection 85, as in force immediately before the commencement, continues to apply in relation to the domestic violence order.\nWithout limiting subsection (2)—\nthe information a written explanation of the domestic violence order is required to include is the information mentioned in section 84(2) or (3) as in force immediately before the commencement; and\nsection 85, as amended by the amendment Act, does not apply to a copy of the domestic violence order given to the respondent, or the respondent’s appointee, or sent to the respondent under section 184(4).\ns 218 ins 2016 No. 51 s 49\n(sec.218-ssec.1) This section applies in relation to a domestic violence order made before the commencement.\n(sec.218-ssec.2) Section 85, as in force immediately before the commencement, continues to apply in relation to the domestic violence order.\n(sec.218-ssec.3) Without limiting subsection (2)— the information a written explanation of the domestic violence order is required to include is the information mentioned in section 84(2) or (3) as in force immediately before the commencement; and section 85, as amended by the amendment Act, does not apply to a copy of the domestic violence order given to the respondent, or the respondent’s appointee, or sent to the respondent under section 184(4).\n- (a) the information a written explanation of the domestic violence order is required to include is the information mentioned in section 84(2) or (3) as in force immediately before the commencement; and\n- (b) section 85, as amended by the amendment Act, does not apply to a copy of the domestic violence order given to the respondent, or the respondent’s appointee, or sent to the respondent under section 184(4).","sortOrder":422},{"sectionNumber":"sec.219","sectionType":"section","heading":"Duration of existing protection orders","content":"### sec.219 Duration of existing protection orders\n\nThis section applies to a protection order made before the commencement if the protection order—\nwas in force immediately before the commencement; and\ndid not state a day on which it ends.\nSection 97, as in force immediately before the commencement, continues to apply to the protection order unless the protection order is varied to change its duration.\nSection 97, as amended by the amendment Act, applies in relation to an application to vary the duration of the protection order.\ns 219 ins 2016 No. 51 s 49\n(sec.219-ssec.1) This section applies to a protection order made before the commencement if the protection order— was in force immediately before the commencement; and did not state a day on which it ends.\n(sec.219-ssec.2) Section 97, as in force immediately before the commencement, continues to apply to the protection order unless the protection order is varied to change its duration.\n(sec.219-ssec.3) Section 97, as amended by the amendment Act, applies in relation to an application to vary the duration of the protection order.\n- (a) was in force immediately before the commencement; and\n- (b) did not state a day on which it ends.","sortOrder":423},{"sectionNumber":"sec.220","sectionType":"section","heading":"Existing voluntary intervention orders","content":"### sec.220 Existing voluntary intervention orders\n\nA voluntary intervention order in force immediately before the commencement is taken to be an intervention order under the amended Act.\nA reference in this Act to an intervention order includes a reference to a voluntary intervention order made before the commencement.\ns 220 ins 2016 No. 51 s 49\n(sec.220-ssec.1) A voluntary intervention order in force immediately before the commencement is taken to be an intervention order under the amended Act.\n(sec.220-ssec.2) A reference in this Act to an intervention order includes a reference to a voluntary intervention order made before the commencement.","sortOrder":424},{"sectionNumber":"sec.221","sectionType":"section","heading":"Police protection notices","content":"### sec.221 Police protection notices\n\nA police officer may issue a police protection notice against a person under the amended Act—\nwhether the person’s behaviour that the police officer reasonably believes is domestic violence occurred before or after the commencement; and\nwhether the person was taken into custody under part 4, division 3 before or after the commencement.\ns 221 ins 2016 No. 51 s 49\n- (a) whether the person’s behaviour that the police officer reasonably believes is domestic violence occurred before or after the commencement; and\n- (b) whether the person was taken into custody under part 4, division 3 before or after the commencement.","sortOrder":425},{"sectionNumber":"sec.222","sectionType":"section","heading":"Release conditions","content":"### sec.222 Release conditions\n\nA releasing police officer may release a person from custody on release conditions under section 125, as amended by the amendment Act, whether the person was taken into custody under part 4, division 3 before or after the commencement.\ns 222 ins 2016 No. 51 s 49","sortOrder":426},{"sectionNumber":"sec.223","sectionType":"section","heading":"Local orders","content":"### sec.223 Local orders\n\nAmended part 6 applies to each of the following—\na domestic violence order, police protection notice or release conditions made after the commencement;\na domestic violence order, police protection notice or release conditions made before the commencement that are declared, under section 225, to be a recognised interstate order for the purposes of the corresponding laws of other participating jurisdictions;\na domestic violence order, police protection notice or release conditions that are declared to be a recognised interstate order under the corresponding law of another participating jurisdiction, whether the order, notice, conditions or declaration was made before or after the commencement.\nA domestic violence order, police protection notice or release conditions mentioned in subsection (1)(a) are taken to be, for the purposes of the corresponding law of another State, a recognised interstate order under amended part 6.\nUnder the national domestic violence order scheme, participating jurisdictions agreed to recognise and enforce the DVOs made in another participating jurisdiction that are recognised interstate orders under the corresponding law of that other jurisdiction.\ns 223 ins 2016 No. 51 s 60\n(sec.223-ssec.1) Amended part 6 applies to each of the following— a domestic violence order, police protection notice or release conditions made after the commencement; a domestic violence order, police protection notice or release conditions made before the commencement that are declared, under section 225, to be a recognised interstate order for the purposes of the corresponding laws of other participating jurisdictions; a domestic violence order, police protection notice or release conditions that are declared to be a recognised interstate order under the corresponding law of another participating jurisdiction, whether the order, notice, conditions or declaration was made before or after the commencement.\n(sec.223-ssec.2) A domestic violence order, police protection notice or release conditions mentioned in subsection (1)(a) are taken to be, for the purposes of the corresponding law of another State, a recognised interstate order under amended part 6. Under the national domestic violence order scheme, participating jurisdictions agreed to recognise and enforce the DVOs made in another participating jurisdiction that are recognised interstate orders under the corresponding law of that other jurisdiction.\n- (a) a domestic violence order, police protection notice or release conditions made after the commencement;\n- (b) a domestic violence order, police protection notice or release conditions made before the commencement that are declared, under section 225, to be a recognised interstate order for the purposes of the corresponding laws of other participating jurisdictions;\n- (c) a domestic violence order, police protection notice or release conditions that are declared to be a recognised interstate order under the corresponding law of another participating jurisdiction, whether the order, notice, conditions or declaration was made before or after the commencement.","sortOrder":427},{"sectionNumber":"sec.224","sectionType":"section","heading":"Interstate orders","content":"### sec.224 Interstate orders\n\nAmended part 6 applies to an interstate order—\nthat is a recognised interstate order under the corresponding law of the State in which the order was made; or\ndeclared to be a recognised interstate order under section 225 or the corresponding law of another participating jurisdiction.\nFor subsection (1), it does not matter—\nwhether the interstate order was made before or after the commencement; or\nif the interstate order is a registered foreign order registered in that jurisdiction—whether the order was registered before or after the commencement; or\nif the interstate order has been varied or revoked in the State in which it was made or in another participating jurisdiction—whether the variation or revocation was done before or after the commencement; or\nif the interstate order was declared to be a recognised interstate order under the corresponding law of another participating jurisdiction—whether the declaration was made before or after the commencement.\nWhile amended part 6 may apply for an interstate order even if the interstate order was made before the commencement, a person will not commit an offence in Queensland for contravening the order unless the person's act or omission that contravenes the order occurs after the commencement. See the Acts Interpretation Act 1954 , section 20C .\ns 224 ins 2016 No. 51 s 60\n(sec.224-ssec.1) Amended part 6 applies to an interstate order— that is a recognised interstate order under the corresponding law of the State in which the order was made; or declared to be a recognised interstate order under section 225 or the corresponding law of another participating jurisdiction.\n(sec.224-ssec.2) For subsection (1), it does not matter— whether the interstate order was made before or after the commencement; or if the interstate order is a registered foreign order registered in that jurisdiction—whether the order was registered before or after the commencement; or if the interstate order has been varied or revoked in the State in which it was made or in another participating jurisdiction—whether the variation or revocation was done before or after the commencement; or if the interstate order was declared to be a recognised interstate order under the corresponding law of another participating jurisdiction—whether the declaration was made before or after the commencement.\n- (a) that is a recognised interstate order under the corresponding law of the State in which the order was made; or\n- (b) declared to be a recognised interstate order under section 225 or the corresponding law of another participating jurisdiction.\n- (a) whether the interstate order was made before or after the commencement; or\n- (b) if the interstate order is a registered foreign order registered in that jurisdiction—whether the order was registered before or after the commencement; or\n- (c) if the interstate order has been varied or revoked in the State in which it was made or in another participating jurisdiction—whether the variation or revocation was done before or after the commencement; or\n- (d) if the interstate order was declared to be a recognised interstate order under the corresponding law of another participating jurisdiction—whether the declaration was made before or after the commencement.","sortOrder":428},{"sectionNumber":"sec.225","sectionType":"section","heading":"Court may declare DVO to be recognised interstate order","content":"### sec.225 Court may declare DVO to be recognised interstate order\n\nA court may declare a domestic violence order, police protection notice or release conditions to be a recognised interstate order to which amended part 6 applies for the purposes of the corresponding laws of other participating jurisdictions.\nAlso, a court may declare an interstate order to be a recognised interstate order to which amended part 6 applies if, in the State in which it was made, the order—\nis in force; and\nis not a recognised interstate order.\nThe jurisdiction in which the DVO was made does not have to be a participating jurisdiction.\nIf an application for a declaration under subsection (1) or (2) is made under section 226, the court must make the declaration unless it is not in the interests of justice to do so.\nWithout limiting subsection (4), the court may refuse to make the declaration if the court is not satisfied the respondent has been properly notified of the making of the interstate order under the law of the State in which the order was made.\nHowever, the court may not declare a general violence order to be a recognised interstate order to which amended part 6 applies.\nNotice of a declaration made under this section is to be given to the respondent only if the person who applied for the declaration consents.\nIn this section—\ngeneral violence order means an order made under the corresponding law of another State that is declared by regulation to be a general violence order.\ninterstate order , of a jurisdiction, includes a registered foreign order registered in the jurisdiction.\ns 225 ins 2016 No. 51 s 60\n(sec.225-ssec.1) A court may declare a domestic violence order, police protection notice or release conditions to be a recognised interstate order to which amended part 6 applies for the purposes of the corresponding laws of other participating jurisdictions.\n(sec.225-ssec.2) Also, a court may declare an interstate order to be a recognised interstate order to which amended part 6 applies if, in the State in which it was made, the order— is in force; and is not a recognised interstate order.\n(sec.225-ssec.3) The jurisdiction in which the DVO was made does not have to be a participating jurisdiction.\n(sec.225-ssec.4) If an application for a declaration under subsection (1) or (2) is made under section 226, the court must make the declaration unless it is not in the interests of justice to do so.\n(sec.225-ssec.5) Without limiting subsection (4), the court may refuse to make the declaration if the court is not satisfied the respondent has been properly notified of the making of the interstate order under the law of the State in which the order was made.\n(sec.225-ssec.6) However, the court may not declare a general violence order to be a recognised interstate order to which amended part 6 applies.\n(sec.225-ssec.7) Notice of a declaration made under this section is to be given to the respondent only if the person who applied for the declaration consents.\n(sec.225-ssec.8) In this section— general violence order means an order made under the corresponding law of another State that is declared by regulation to be a general violence order. interstate order , of a jurisdiction, includes a registered foreign order registered in the jurisdiction.\n- (a) is in force; and\n- (b) is not a recognised interstate order.","sortOrder":429},{"sectionNumber":"sec.226","sectionType":"section","heading":"Application for declaration","content":"### sec.226 Application for declaration\n\nA person may apply for a declaration under section 225 for a DVO if the person would be able to apply to vary the DVO—\nif the DVO is a domestic violence order—under section 86; or\nif the DVO is an interstate order—under section 176I if the DVO were a recognised interstate order.\nThe application must be in the approved form.\ns 226 ins 2016 No. 51 s 60\n(sec.226-ssec.1) A person may apply for a declaration under section 225 for a DVO if the person would be able to apply to vary the DVO— if the DVO is a domestic violence order—under section 86; or if the DVO is an interstate order—under section 176I if the DVO were a recognised interstate order.\n(sec.226-ssec.2) The application must be in the approved form.\n- (a) if the DVO is a domestic violence order—under section 86; or\n- (b) if the DVO is an interstate order—under section 176I if the DVO were a recognised interstate order.","sortOrder":430},{"sectionNumber":"sec.227","sectionType":"section","heading":"Existing registered interstate orders","content":"### sec.227 Existing registered interstate orders\n\nThis section applies to an interstate order (a registered interstate order ) that, immediately before the commencement—\nwas in force in the State in which it was made; and\nwas registered under previous part 6.\nThe registered interstate order—\ncontinues to have the same effect as a protection order; and\nmay 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.\nSubsection (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.\nAmended 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.\nWithout limiting subsection (4), an application may be made and decided under section 176P for—\na variation of the interstate order as it is registered in Queensland; or\na variation of the period during which a registered interstate order has effect in its operation in Queensland; or\nthe revocation of the registration of an interstate order.\nThis section applies subject to section 176B.\nIn this section—\ninterstate 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.\nprevious part 6 means part 6 as in force from time to time before the commencement.\nState includes New Zealand.\ns 227 ins 2016 No. 51 s 60\n(sec.227-ssec.1) This section applies to an interstate order (a registered interstate order ) that, immediately before the commencement— was in force in the State in which it was made; and was registered under previous part 6.\n(sec.227-ssec.2) The registered interstate order— continues to have the same effect as a protection order; and 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.\n(sec.227-ssec.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.\n(sec.227-ssec.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.\n(sec.227-ssec.5) Without limiting subsection (4), an application may be made and decided under section 176P for— a variation of the interstate order as it is registered in Queensland; or a variation of the period during which a registered interstate order has effect in its operation in Queensland; or the revocation of the registration of an interstate order.\n(sec.227-ssec.6) This section applies subject to section 176B.\n(sec.227-ssec.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.\n- (a) was in force in the State in which it was made; and\n- (b) was registered under previous part 6.\n- (a) continues to have the same effect as a protection order; and\n- (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.\n- (a) a variation of the interstate order as it is registered in Queensland; or\n- (b) a variation of the period during which a registered interstate order has effect in its operation in Queensland; or\n- (c) the revocation of the registration of an interstate order.","sortOrder":431},{"sectionNumber":"sec.228","sectionType":"section","heading":"Application to register New Zealand order as interstate order","content":"### sec.228 Application to register New Zealand order as interstate order\n\nThis 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.\nThe application is taken to be an application to register the order under section 176L.\ns 228 ins 2016 No. 51 s 60\n(sec.228-ssec.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.\n(sec.228-ssec.2) The application is taken to be an application to register the order under section 176L.","sortOrder":432},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Transitional provisions for Justice and Other Legislation Amendment Act 2021","content":"## Transitional provisions for Justice and Other Legislation Amendment Act 2021","sortOrder":433},{"sectionNumber":"sec.229","sectionType":"section","heading":"Definitions for division","content":"### sec.229 Definitions for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\nrepealed regulation means the Domestic and Family Violence Protection (COVID-19 Emergency Response) Regulation 2020 , as in force immediately before the commencement.\ns 229 ins 2021 No. 23 s 18","sortOrder":434},{"sectionNumber":"sec.230","sectionType":"section","heading":"Use of audio visual links or audio links","content":"### sec.230 Use of audio visual links or audio links\n\nThis section applies to a proceeding to which section 6 of the repealed regulation applied and that—\ncommenced before the commencement; but\nwas not finalised immediately before the commencement.\nThe proceeding may continue under new section 142A.\ns 230 ins 2021 No. 23 s 18\n(sec.230-ssec.1) This section applies to a proceeding to which section 6 of the repealed regulation applied and that— commenced before the commencement; but was not finalised immediately before the commencement.\n(sec.230-ssec.2) The proceeding may continue under new section 142A.\n- (a) commenced before the commencement; but\n- (b) was not finalised immediately before the commencement.","sortOrder":435},{"sectionNumber":"sec.231","sectionType":"section","heading":"Particular applications for protection order filed before the commencement","content":"### sec.231 Particular applications for protection order filed before the commencement\n\nThis section applies to an applicant who, before the commencement—\nfiled an application for a protection order under former section 32; but\ndid not verify the application under former section 32(2)(d).\nThe repealed regulation, section 7 continues to apply to the applicant.\ns 231 ins 2021 No. 23 s 18\n(sec.231-ssec.1) This section applies to an applicant who, before the commencement— filed an application for a protection order under former section 32; but did not verify the application under former section 32(2)(d).\n(sec.231-ssec.2) The repealed regulation, section 7 continues to apply to the applicant.\n- (a) filed an application for a protection order under former section 32; but\n- (b) did not verify the application under former section 32(2)(d).","sortOrder":436},{"sectionNumber":"sec.232","sectionType":"section","heading":"Particular variation applications filed before the commencement","content":"### sec.232 Particular variation applications filed before the commencement\n\nThis section applies to an applicant who, before the commencement—\nfiled an application for a variation of a domestic violence order under former section 86; but\ndid not verify the application under former section 86(2)(d).\nThe repealed regulation, section 8 continues to apply to the applicant.\ns 232 ins 2021 No. 23 s 18\n(sec.232-ssec.1) This section applies to an applicant who, before the commencement— filed an application for a variation of a domestic violence order under former section 86; but did not verify the application under former section 86(2)(d).\n(sec.232-ssec.2) The repealed regulation, section 8 continues to apply to the applicant.\n- (a) filed an application for a variation of a domestic violence order under former section 86; but\n- (b) did not verify the application under former section 86(2)(d).","sortOrder":437},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Transitional provisions for Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023","content":"## Transitional provisions for Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023","sortOrder":438},{"sectionNumber":"sec.233","sectionType":"section","heading":"Definitions for division","content":"### sec.233 Definitions for division\n\nIn this division—\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 233 ins 2023 No. 1 s 55","sortOrder":439},{"sectionNumber":"sec.234","sectionType":"section","heading":"Existing applications—considering respondent’s criminal history or domestic violence history","content":"### sec.234 Existing applications—considering respondent’s criminal history or domestic violence history\n\nThis section applies to proceedings for the following applications, whether or not the proceedings had started before the commencement—\nan application for a protection order made but not decided before the commencement;\nan application for the variation of a domestic violence order made but not decided before the commencement.\nIf, in the court’s opinion, the respondent’s criminal history and domestic violence history is relevant to deciding the application, the court may—\nask for the respondent’s criminal history and domestic violence history; and\nconsider the criminal history and domestic violence history in deciding the application.\nIf 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.\nIf 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—\nis filed in the court before the day and time to which the hearing of the application is adjourned; or\nis given to the court when the hearing of the application resumes.\nIf the respondent does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of that fact.\nThis section applies despite new sections 36A , 37 , 90A and 91 .\ns 234 ins 2023 No. 1 s 55\n(sec.234-ssec.1) This section applies to proceedings for the following applications, whether or not the proceedings had started before the commencement— an application for a protection order made but not decided before the commencement; an application for the variation of a domestic violence order made but not decided before the commencement.\n(sec.234-ssec.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— ask for the respondent’s criminal history and domestic violence history; and consider the criminal history and domestic violence history in deciding the application.\n(sec.234-ssec.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.\n(sec.234-ssec.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— is filed in the court before the day and time to which the hearing of the application is adjourned; or is given to the court when the hearing of the application resumes.\n(sec.234-ssec.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.\n(sec.234-ssec.6) This section applies despite new sections 36A , 37 , 90A and 91 .\n- (a) an application for a protection order made but not decided before the commencement;\n- (b) an application for the variation of a domestic violence order made but not decided before the commencement.\n- (a) ask for the respondent’s criminal history and domestic violence history; and\n- (b) consider the criminal history and domestic violence history in deciding the application.\n- (a) is filed in the court before the day and time to which the hearing of the application is adjourned; or\n- (b) is given to the court when the hearing of the application resumes.","sortOrder":440},{"sectionNumber":"sec.235","sectionType":"section","heading":"Existing cross applications","content":"### sec.235 Existing cross applications\n\nThis section applies to an application mentioned in new section 41C , 41D and 41G that was made, but not decided, before the commencement.\nNew sections 41C , 41D and 41G apply to the application.\ns 235 ins 2023 No. 1 s 55\n(sec.235-ssec.1) This section applies to an application mentioned in new section 41C , 41D and 41G that was made, but not decided, before the commencement.\n(sec.235-ssec.2) New sections 41C , 41D and 41G apply to the application.","sortOrder":441},{"sectionNumber":"sec.236","sectionType":"section","heading":"Substituted service orders for existing documents","content":"### sec.236 Substituted service orders for existing documents\n\nA 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.\ns 236 ins 2023 No. 1 s 55","sortOrder":442},{"sectionNumber":"pt.10-div.6","sectionType":"division","heading":"Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024","content":"## Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024","sortOrder":443},{"sectionNumber":"sec.237","sectionType":"section","heading":"Deciding period for which protection order continues in force","content":"### sec.237 Deciding period for which protection order continues in force\n\nThe amendment of section 37 by the amending provision applies only to an application for a protection order that is made after the commencement.\nIn this section—\namending provision means the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 , section 27 .\ns 237 ins 2024 No. 5 s 28\n(sec.237-ssec.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.\n(sec.237-ssec.2) In this section— amending provision means the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 , section 27 .","sortOrder":444},{"sectionNumber":"sec.238","sectionType":"section","heading":"Application of s 47B to particular proceedings","content":"### sec.238 Application of s 47B to particular proceedings\n\nThis section applies to a proceeding for an application for a protection order.\nSection 47B applies to the proceeding only if the application is filed after the commencement.\nHowever, 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.\ns 238 ins 2024 No. 5 s 31\n(sec.238-ssec.1) This section applies to a proceeding for an application for a protection order.\n(sec.238-ssec.2) Section 47B applies to the proceeding only if the application is filed after the commencement.\n(sec.238-ssec.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.","sortOrder":445},{"sectionNumber":"sec.239","sectionType":"section","heading":"Application of s 113 to particular proceedings","content":"### sec.239 Application of s 113 to particular proceedings\n\nSection 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.\ns 239 ins 2024 No. 5 s 31\n(sec.239-ssec) 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.","sortOrder":446},{"sectionNumber":"sec.240","sectionType":"section","heading":"Section 159(2)(f) applies to proceedings started after commencement","content":"### sec.240 Section 159(2)(f) applies to proceedings started after commencement\n\nSection 159(2)(f) applies to information that relates to a proceeding under this Act only if the proceeding started after the commencement.\ns 240 ins 2024 No. 5 s 36","sortOrder":447},{"sectionNumber":"sec.241","sectionType":"section","heading":"Section 161A applies to proceedings started after commencement","content":"### sec.241 Section 161A applies to proceedings started after commencement\n\nA 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.\ns 241 ins 2024 No. 5 s 36","sortOrder":448},{"sectionNumber":"sec.242","sectionType":"section","heading":"Amendments of standard conditions for domestic violence orders and police protection notices","content":"### sec.242 Amendments of standard conditions for domestic violence orders and police protection notices\n\nSection 56, as amended by the amending Act, applies to domestic violence orders made or varied after the commencement.\nSection 106, as amended by the amending Act, applies to police protection notices issued after the commencement.\nIn this section—\namending Act means the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 .\ns 242 ins 2024 No. 5 s 51\n(sec.242-ssec.1) Section 56, as amended by the amending Act, applies to domestic violence orders made or varied after the commencement.\n(sec.242-ssec.2) Section 106, as amended by the amending Act, applies to police protection notices issued after the commencement.\n(sec.242-ssec.3) In this section— amending Act means the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 .","sortOrder":449},{"sectionNumber":"pt.10-div.7","sectionType":"division","heading":"Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2025","content":"## Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2025","sortOrder":450},{"sectionNumber":"sec.243","sectionType":"section","heading":"Effectiveness of monitoring device condition after court stops being prescribed or pt 3, div 5, sdiv 3 expires","content":"### sec.243 Effectiveness of monitoring device condition after court stops being prescribed or pt 3, div 5, sdiv 3 expires\n\nThis section applies if—\na court imposes under part 3, division 5, subdivision 3 a monitoring device condition for a stated period; and\neither of the following events happens before the end of the stated period—\nthe court stops being prescribed under section 66B(1)(b) as a court that can impose a monitoring device condition;\npart 3, division 5, subdivision 3 expires.\nThe monitoring device condition is taken to be effective until the end of the stated period despite the happening of either of the events.\ns 243 ins 2025 No. 18 s 39\n(sec.243-ssec.1) This section applies if— a court imposes under part 3, division 5, subdivision 3 a monitoring device condition for a stated period; and either of the following events happens before the end of the stated period— the court stops being prescribed under section 66B(1)(b) as a court that can impose a monitoring device condition; part 3, division 5, subdivision 3 expires.\n(sec.243-ssec.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.\n- (a) a court imposes under part 3, division 5, subdivision 3 a monitoring device condition for a stated period; and\n- (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.\n- (i) the court stops being prescribed under section 66B(1)(b) as a court that can impose a monitoring device condition;\n- (ii) part 3, division 5, subdivision 3 expires.\n- (i) the court stops being prescribed under section 66B(1)(b) as a court that can impose a monitoring device condition;\n- (ii) part 3, division 5, subdivision 3 expires.","sortOrder":451},{"sectionNumber":"sec.244","sectionType":"section","heading":"Application of pt 3, div 5, sdiv 3 to proceeding to vary domestic violence order","content":"### sec.244 Application of pt 3, div 5, sdiv 3 to proceeding to vary domestic violence order\n\nTo 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.\ns 244 ins 2025 No. 18 s 39","sortOrder":452}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.18(4) and sec.18(6)","severity":"medium","reasoning":"Subsection (4) states a couple relationship 'may exist' even with negative findings on all factors. This renders the exclusion in subsection (6) largely redundant - if none of the factors are required to establish the relationship, the court has virtually unconstrained discretion, and the 'dating' exclusion provides no meaningful limiting principle since there is no floor on what evidence is required.","confidence":0.72,"description":"A couple relationship may exist even if the court makes a negative finding in relation to ALL factors listed in subsection (3), yet subsection (6) states a couple relationship does NOT exist merely because two persons date each other on a number of occasions. If all factors can be negative and a relationship still exists, it is logically impossible to identify any behaviour that would definitively preclude a couple relationship, making subsection (6) effectively meaningless as a limiting provision."},{"type":"circular_definition","section":"sec.19(4) and sec.19(5)","severity":"medium","reasoning":"The definition of 'relative' in subsection (4) is entirely self-referential and subjective - a person is a relative if someone thinks they are a relative. Combined with subsection (5)'s prohibition on limiting subsections, there is no outer bound on who qualifies. This could theoretically extend protection to any person with whom the aggrieved shares a subjective sense of kinship, which may be intentional for cultural reasons but creates definitional circularity.","confidence":0.65,"description":"Section 19(4) expands 'relative' to include anyone whom the first person regards as a relative, or who regards themselves as a relative of the first person. Section 19(5) then states each subsection must not limit another, meaning the expanded definition cannot be limited by the ordinary meaning in subsection (2). This creates an effectively unlimited definition of 'relative' that could encompass any person at all, as long as one party subjectively regards the other as a relative."},{"type":"self_contradicting","section":"sec.20(4)(a) and sec.20(4)(b)","severity":"low","reasoning":"The legislature has attempted to define 'commercial arrangement' by both expanding it (to include unpaid voluntary organisations) and contracting it (to exclude pension/allowance recipients). The net result is a concept of 'commercial arrangement' that neither requires commerce nor consistently excludes non-commercial exchanges. A volunteer receiving a reimbursement could simultaneously satisfy both the example in (a) and the exclusion in (b).","confidence":0.6,"description":"Section 20(4)(a) states a commercial arrangement may exist even if no fee is paid (illustrated by voluntary organisations). Section 20(4)(b) states an arrangement is NOT a commercial arrangement merely because one person receives a pension, allowance or reimbursement. These two provisions are in tension: a voluntary organisation providing unpaid help can still constitute a 'commercial arrangement', yet receiving a pension or allowance does not. The distinction between these scenarios is never explained, creating an internally inconsistent definition of 'commercial arrangement'."},{"type":"self_contradicting","section":"sec.4(1) and sec.4(2)","severity":"medium","reasoning":"The paramountcy principle in s.4(1) and the victim-autonomy principle in s.4(2)(b) are inherently in tension in cases where a victim does not want protection. While courts navigate this regularly, the Act provides no resolution mechanism, and the 'subject to subsection (1)' qualifier in s.4(2) does not clearly subordinate victim autonomy to safety in all cases.","confidence":0.7,"description":"Section 4(1) states that safety, protection and wellbeing are 'paramount'. Section 4(2) says the Act is 'also' to be administered under additional principles 'subject to subsection (1)'. However, subsection (2)(b) requires that the 'views and wishes' of people experiencing domestic violence 'should be sought' before decisions affecting them are made. Where a victim's views and wishes conflict with their safety (e.g., they wish to withdraw an application), following subsection (2)(b) may directly undermine the paramount principle in subsection (1), creating an unresolvable tension in practice."},{"type":"impossible_compliance","section":"sec.4(2)(e)(ii)","severity":"low","reasoning":"The combination of the 'most in need' identification requirement with the 'clear evidence' threshold for dual orders creates a framework where genuine mutual victimhood is structurally underrecognised. This is a policy tension rather than a logical impossibility, but it does create conditions where factually warranted dual protection may be systematically denied.","confidence":0.55,"description":"Section 4(2)(e)(ii) states that '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.' This creates a near-impossible evidentiary standard: to obtain a second order, there must be 'clear evidence' that both parties genuinely need protection from each other - yet the very preceding step (identifying who is 'most in need of protection') presupposes one party is the primary victim. The framework structurally disfavours recognising genuine mutual victimhood."},{"type":"other","section":"sec.8(4)","severity":"low","reasoning":"The deeming provision in s.8(4) attributes conduct to the counsellor/procurer that was physically performed by a third party who may have no relevant relationship with the victim. While the legislative intent is clear (to prevent circumvention), the mechanism creates an attribution fiction that could have unintended consequences in cases where the procured person independently had a relevant relationship with the victim.","confidence":0.58,"description":"Section 8(4) deems a person who 'counsels or procures someone else to engage in behaviour that, if engaged in by the person, would be domestic violence' to have 'committed domestic violence'. This creates a logical oddity: since domestic violence requires a 'relevant relationship' between the first and second person (s.8(1)), counselling a third party to commit violence against someone with whom the counsellor has a relevant relationship means the counsellor is deemed to have committed domestic violence - even though the actual act was committed by someone outside any relevant relationship with the victim."},{"type":"other","section":"sec.15(2)(b)","severity":"medium","reasoning":"The term 'spousal relationship' connotes a relationship between spouses. Deeming two biological strangers who share a child to be in a spousal relationship for DV purposes is a significant conceptual stretch. While the legislative policy of extending protection to co-parents is sound, embedding it within the 'spousal relationship' category rather than a separate category creates definitional absurdity - particularly given s.15(4) which refers to birth parents who have legally ceased to be parents, meaning former legal parents with no ongoing relationship are deemed to be in a 'spousal relationship'.","confidence":0.68,"description":"Section 15(2)(b) extends the definition of 'spouse' to include 'a parent, or former parent, of a child of the person', with subsection (3) noting it is 'irrelevant whether there is or was any relationship between the parents of the child.' This means two people who have never met, never had a relationship, and share a child only through, for example, a sperm donation or surrogacy arrangement, are deemed to be in a 'spousal relationship' for the purposes of this Act. This stretches the ordinary meaning of 'spousal relationship' to the point of absurdity."}],"contradictions":[{"severity":"low","section_a":"sec.21(2)","section_b":"sec.21(4)","confidence":0.55,"description":"Section 21(2) states 'only 1 person may be named as the aggrieved' in a domestic violence order. Section 21(4) states 'more than 1 person may be named as the respondent' in a domestic violence order. This asymmetry means a single application/order can name multiple respondents but only one aggrieved, which creates a structural imbalance - multiple perpetrators can be bound by a single order protecting one person, but multiple victims cannot be protected by a single order. While not necessarily contradictory, combined with sec.37(4) which allows making orders naming '1, some or all of the respondents', the interaction suggests the drafting assumed singular victims but multiple perpetrators, which may create procedural gaps."},{"severity":"low","section_a":"sec.4(2)(e)(i)-(ii)","section_b":"sec.22A(1)","confidence":0.5,"description":"Section 4(2)(e) states the principle that in cases of conflicting allegations, 'the person most in need of protection should be identified' and 'only 1 domestic violence order' should be in force. Section 22A(1) provides the test for identifying the person 'most in need of protection'. However, sec.22A operates as a definition section while s.4(2)(e) is a principle, and the two use subtly different framing. Section 22A defines when a person IS the most in need of protection based on the other person's behaviour being 'more likely than not' abusive. Section 4(2)(e) uses the language of 'should be identified' as a principle to be applied. In practice, a person could satisfy s.22A's test (the second person's behaviour is more likely than not abusive) while s.4(2)(e)'s principle would still counsel against a second order - creating tension between a definitional threshold and a discretionary principle."},{"severity":"low","section_a":"sec.37(3)(b)","section_b":"sec.37(2)(a)(i)","confidence":0.48,"description":"Section 37(2)(a)(i) requires the court to consider the principles in section 4 when deciding whether a protection order is necessary or desirable. Section 4(2)(e)(ii) states only 1 order should be in force unless in exceptional circumstances. However, section 37(3)(b) states the court 'must not refuse to make a protection order merely because a police protection direction has been issued against the respondent and is still in force'. A police protection direction is a different instrument from a DVO, so this is not a direct contradiction, but the mandatory consideration under s.4(2)(e)(ii) of limiting orders could be used to refuse an order, while s.37(3)(b) constrains that refusal - creating a tension in the court's mandatory versus discretionary considerations."},{"severity":"low","section_a":"sec.8(1)(f)","section_b":"sec.8(5)","confidence":0.6,"description":"Section 8(1)(f) defines domestic violence to include behaviour that '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'. Section 8(5) states a court may make an order 'even if the behaviour is not proved beyond a reasonable doubt' - but this applies only to 'behaviour mentioned in subsection (3) that may constitute a criminal offence'. The catch-all in s.8(1)(f) is not in subsection (3), meaning the lower proof standard explicitly stated in s.8(5) does not textually apply to the broadest category of domestic violence defined in s.8(1)(f). This creates an anomaly where specific listed behaviours benefit from an explicit statement that civil standard applies, but the general catch-all does not receive that same explicit benefit."},{"severity":"high","section_a":"sec.22(2)","section_b":"sec.22(1)","confidence":0.75,"description":"Section 22(1) states a child can be named as the aggrieved or respondent in an application for a DVO or a police protection notice. Section 22(2) then restricts this to cases where 'an intimate personal relationship or an informal care relationship exists between the child and the other party'. However, section 20(2) explicitly states 'an informal care relationship does not exist between a child and a parent of a child'. This means a child cannot be named as aggrieved or respondent against a parent under the informal care relationship pathway. The child would need an intimate personal relationship with the parent - which under section 14 means a spousal, engagement, or couple relationship. A child in a spousal or couple relationship with their parent raises child protection concerns that sit awkwardly with the scheme."}]},"summary":{"name":"Domestic and Family Violence Protection Act 2012","slug":"domestic-and-family-violence-protection-act-2012","title_id":"qld:act-2012-005","version_id":29767,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is the complete current version of the Domestic and Family Violence Protection Act 2012 (Qld) incorporating amendments to 2025. It is a whole Act covering all aspects of Queensland's domestic violence protection framework."},"complexity_factors":["Broad definition of domestic violence covering multiple abuse types including economic abuse and coercive control","Multiple order types (protection orders, temporary protection orders, police protection directions, police protection notices) with different thresholds and processes","Complex interplay between DVOs and family law orders under Part 3 Division 7","National recognition scheme for interstate and New Zealand orders under Part 6","2025 amendments inserted police protection directions as a new non-court tool","Cross-references to Criminal Code, Family Law Act 1975, and child protection legislation"],"plain_english_summary":"The Domestic and Family Violence Protection Act 2012 (Qld) is Queensland's primary statute for protecting people affected by domestic and family violence. It replaced the Domestic and Family Violence Protection Act 1989 and commenced on 17 September 2012.\n\nThe Act's three main objects are to maximise the safety, protection and wellbeing of people who fear or experience domestic violence; to prevent or reduce domestic violence and children's exposure to it; and to ensure that those who commit domestic violence are held accountable.\n\nThe Act defines domestic violence broadly under section 8 to include physical, sexual, emotional, psychological and economic abuse, coercive or controlling behaviour, threats, unauthorised surveillance, and causing harm to animals to control a person. These behaviours must occur within a relevant relationship, defined as an intimate personal relationship (spousal, engagement or couple), a family relationship, or an informal care relationship.\n\nThe primary protection tool is the domestic violence order (DVO). Courts may make protection orders on application, temporary protection orders pending full hearing, and consent orders. Police have extensive powers including the ability to issue police protection directions (an out-of-court alternative to DVOs inserted in 2025) and police protection notices, take respondents into custody, and apply for urgent temporary protection orders.\n\nContravening a DVO is a criminal offence carrying a maximum of 3 years imprisonment or 120 penalty units, increasing to 5 years or 240 penalty units where the respondent has a prior conviction for a domestic violence offence within the previous 5 years. Part 6 establishes a national recognition scheme for DVOs made in other jurisdictions, including New Zealand orders. Parts 9 and 10 repeal the predecessor Act and contain transitional provisions preserving orders and proceedings made under it."},"kimi_summary":{"_metrics":{"completionTokens":949},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its 2012 origins. Major additions include: (1) 2016 amendments creating police protection notices and release conditions; (2) 2023 amendments strengthening cross-application handling and adding 'person most in need of protection' framework; (3) 2024 diversion orders scheme for early intervention; (4) 2025 amendments adding electronic monitoring (GPS tracking) and a completely new police protection direction system (12-month police-issued orders with internal and court review mechanisms). The scope has shifted from purely court-based protection to a multi-layered system with extensive police-issued civil orders."},"complexity_factors":["Multiple overlapping protection mechanisms (protection orders, temporary orders, police notices, police directions, release conditions) with different durations and procedural requirements","Extensive defined terms including 'domestic violence', 'economic abuse', 'coercive control', 'relevant relationship' with nested sub-definitions (intimate personal, family, informal care relationships)","Cross-application provisions (ss 41A-41G) requiring courts to identify 'person most in need of protection' with specific criteria","Police powers divided across multiple divisions with varying approval requirements (supervising officer ranks specified for different conditions)","Conditional logic throughout: e.g., s 100C lists 11 circumstances when police must NOT issue directions; s 100H requires rank-based approval for certain conditions","Interaction with Family Law Act and Child Protection Act requiring courts to consider inconsistent orders","Sunset clause for electronic monitoring provisions (s 66H expires 1 October 2027)","Weapons Act integration removing exemptions for police officers and others who would normally be exempt"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's main law for protecting people from domestic and family violence. It creates a legal framework for **protection orders** (court orders that restrict what an abusive person can do) and gives **police special powers** to respond immediately to domestic violence situations.\n\n**Who it affects:**\n\n- **People experiencing domestic violence** (called the \"aggrieved\") — they can apply for protection or have police apply on their behalf\n- **People who commit domestic violence** (called the \"respondent\") — they must follow court orders or face criminal charges\n- **Children, relatives and associates** — can also be protected by being named in orders\n- **Police** — have extensive powers to issue emergency notices, take people into custody, and apply for urgent orders\n\n**Key protections available:**\n\n- **Protection orders** — long-term court orders (up to 5 years) prohibiting violence, contact, or requiring the respondent to be of good behaviour\n- **Temporary protection orders** — short-term emergency orders made before a full hearing\n- **Police protection notices** — immediate 24-hour orders police can issue at the scene\n- **Police protection directions** — new 12-month orders police can issue without going to court (with review rights)\n\n**What counts as domestic violence:**\n\nThe law covers much more than physical violence. It includes:\n- Physical or sexual abuse\n- Emotional or psychological abuse (harassment, threats, controlling behaviour)\n- **Economic abuse** (controlling money, preventing someone from working)\n- **Coercive control** — patterns of behaviour that dominate and cause fear\n- **Technology-facilitated abuse** — GPS tracking, monitoring emails/social media, unauthorised surveillance\n- Threats to harm pets or family members\n\n**Important principles:**\n\n- **Safety of victims is paramount** — this overrides everything else\n- **Cross-applications** — when both parties claim abuse, courts must identify who is most in need of protection\n- **Civil and criminal responses work together** — breaching an order is a criminal offence\n- **Cultural sensitivity** — recognises Aboriginal and Torres Strait Islander concepts of family and parenting\n\n**Recent additions (2025):**\n\n- **Electronic monitoring** — courts can order respondents to wear GPS tracking devices in serious cases\n- **Enhanced police powers** — new streamlined processes for police-issued protection directions\n\n**Why it matters:**\n\nThis law recognises that domestic violence is a pattern of controlling behaviour, not just isolated incidents. It prioritises keeping victims safe over preserving relationships, and gives multiple pathways to protection — from emergency police responses to long-term court orders."}},"importantCases":[],"_links":{"self":"/api/acts/domestic-and-family-violence-protection-act-2012","history":"/api/acts/domestic-and-family-violence-protection-act-2012/history","analysis":"/api/acts/domestic-and-family-violence-protection-act-2012/analysis","conflicts":"/api/acts/domestic-and-family-violence-protection-act-2012/conflicts","importantCases":"/api/acts/domestic-and-family-violence-protection-act-2012/important-cases","documents":"/api/acts/domestic-and-family-violence-protection-act-2012/documents"}}