sec.100CCircumstances when police officer must not issue direction

### sec.100C Circumstances when police officer must not issue direction 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. 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. 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. In this section— offensive weapon or instrument see the Police Powers and Responsibilities Act 2000 , schedule 6 . s 100C ins 2025 No. 18 s 19 (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. (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. (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. (sec.100C-ssec.4) In this section— offensive weapon or instrument see the Police Powers and Responsibilities Act 2000 , schedule 6 . - (a) either the aggrieved or the respondent is— (i) a child; or (ii) a police officer; - (i) a child; or - (ii) a police officer; - (b) the respondent should be taken into custody under division 3 or otherwise in relation to the relevant domestic violence; - (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); - (d) a police protection direction against the respondent is in force or has previously been in force; - (e) the respondent has been convicted of a domestic violence offence within the previous 2 years; - (f) a proceeding for a domestic violence offence against the respondent has started but not been finally disposed of; - (g) an application for a protection order against the respondent has been made but not finally dealt with; - (h) the respondent used, or threatened to use, an offensive weapon or instrument to commit the relevant domestic violence; - (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. - (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. - (i) a child; or - (ii) a police officer; - (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. - (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 - (i) associated domestic violence; or - (ii) being exposed to domestic violence committed by the respondent; and - (b) a condition mentioned in section 100H is needed to provide the protection. - (i) associated domestic violence; or - (ii) being exposed to domestic violence committed by the respondent; and