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Domestic and Family Violence Protection Act 2012
sec.100EOther matters for consideration before issuing direction
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### sec.100E Other matters for consideration before issuing direction
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.
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) .
s 100E ins 2025 No. 18 s 19
(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.
(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) .
- (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
- (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
- • 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
- (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.
- (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
- • 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
- • 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
- (a) does not mean the police officer can not issue a police protection direction; and
- (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) .