QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.100DRestriction on issuing direction involving child of respondent
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### sec.100D Restriction on issuing direction involving child of respondent
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.
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.
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.
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.
s 100D ins 2025 No. 18 s 19
(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.
(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.
(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.
(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.
- (a) includes a child of the respondent as a named person; or
- (b) includes a condition that would prevent or limit contact between the respondent and a child of the respondent.
- (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
- (i) a family law order; or
- (ii) an order or care agreement under the Child Protection Act 1999 ; or
- (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.
- (i) a family law order; or
- (ii) an order or care agreement under the Child Protection Act 1999 ; or
- (a) the condition is of no effect to the extent of the inconsistency; and
- (b) the inconsistency does not invalidate or otherwise affect the police protection direction.