sec.100Police officer must investigate domestic violence

### sec.100 Police officer must investigate domestic violence 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. 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. 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 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. The police commissioner must keep the written record in hard copy or electronic form. 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. This section does not limit the responsibility of the police officer to investigate whether a criminal offence has been committed. 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 . s 100 amd 2016 No. 51 s 18 ; 2024 No. 45 s 107 ; 2025 No. 18 s 18 (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. (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. (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 (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. (sec.100-ssec.5) The police commissioner must keep the written record in hard copy or electronic form. (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. (sec.100-ssec.6) This section does not limit the responsibility of the police officer to investigate whether a criminal offence has been committed. (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 . - (a) to take any action under subsection (3) to protect a person from further domestic violence; and - (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. - (a) apply to a court for a protection order under part 3 , division 1 ; - (b) apply to a court for a variation of a domestic violence order under part 3 , division 10 ; - (c) issue a police protection direction under division 1A ; - (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. - (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. - (f) apply to a magistrate for a temporary protection order under division 4 ; - (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 - (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 - (b) one of the persons is under 18 years.