QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.100YDecision on review
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### sec.100Y Decision on review
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.
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.
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.
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 .
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 .
s 100Y ins 2025 No. 18 s 19
(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.
(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.
(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.
(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 .
(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 .
- (a) confirm the police protection direction; or
- (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
- (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
- (c) revoke the police protection direction and take no other action; or
- (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.
- (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.
- (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
- (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.
- (a) may be— (i) against the respondent in favour of the aggrieved; or (ii) against the aggrieved in favour of the respondent; and
- (i) against the respondent in favour of the aggrieved; or
- (ii) against the aggrieved in favour of the respondent; and
- (b) may be subject to the same or different conditions as the revoked police protection direction.
- (i) against the respondent in favour of the aggrieved; or
- (ii) against the aggrieved in favour of the respondent; and
- (a) may be issued— (i) against the respondent in favour of the aggrieved; or (ii) against the aggrieved in favour of the respondent; and
- (i) against the respondent in favour of the aggrieved; or
- (ii) against the aggrieved in favour of the respondent; and
- (b) may be subject to the same or different conditions as the revoked police protection direction.
- (i) against the respondent in favour of the aggrieved; or
- (ii) against the aggrieved in favour of the respondent; and
- (a) the decision; and
- (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.
- (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
- (d) that the respondent or aggrieved may apply for a protection order under part 3 , division 1 .
- (a) the revoked direction is taken never to have been issued; and
- (b) the revoked direction does not form part of the respondent’s domestic violence history; and
- (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 .