QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.106AOther conditions
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### sec.106A Other conditions
A police protection notice may include any or all of the following conditions—
a cool-down condition;
a no-contact condition;
an ouster condition;
if the notice includes an ouster condition—a return condition.
The police officer issuing the police protection notice may impose a condition mentioned in subsection (1) if—
the police officer reasonably believes the condition is necessary or desirable to—
protect the aggrieved from domestic violence; or
protect a named person from associated domestic violence; or
protect a named person who is a child from being exposed to domestic violence committed by the respondent; and
for an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and
for an ouster condition—the police officer has considered imposing a return condition; and
the supervising police officer who approves, under section 102 , the issuing of the notice including the condition is—
for a cool-down condition—of at least the rank of sergeant; or
for an ouster condition or no-contact condition—of at least the rank of senior sergeant.
To remove any doubt, it is declared that the premises that may be stated in a cool-down condition or ouster condition include—
premises in which the respondent has a legal or equitable interest; and
premises where the aggrieved and respondent live together or have previously lived together; and
premises where the aggrieved or a named person lives, works or frequents.
s 106A ins 2016 No. 51 s 24
(sec.106A-ssec.1) A police protection notice may include any or all of the following conditions— a cool-down condition; a no-contact condition; an ouster condition; if the notice includes an ouster condition—a return condition.
(sec.106A-ssec.2) The police officer issuing the police protection notice may impose a condition mentioned in subsection (1) if— the police officer reasonably believes the condition is necessary or desirable to— protect the aggrieved from domestic violence; or protect a named person from associated domestic violence; or protect a named person who is a child from being exposed to domestic violence committed by the respondent; and for an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and for an ouster condition—the police officer has considered imposing a return condition; and the supervising police officer who approves, under section 102 , the issuing of the notice including the condition is— for a cool-down condition—of at least the rank of sergeant; or for an ouster condition or no-contact condition—of at least the rank of senior sergeant.
(sec.106A-ssec.3) To remove any doubt, it is declared that the premises that may be stated in a cool-down condition or ouster condition include— premises in which the respondent has a legal or equitable interest; and premises where the aggrieved and respondent live together or have previously lived together; and premises where the aggrieved or a named person lives, works or frequents.
- (a) a cool-down condition;
- (b) a no-contact condition;
- (c) an ouster condition;
- (d) if the notice includes an ouster condition—a return condition.
- (a) the police officer reasonably believes the condition is necessary or desirable to— (i) protect the aggrieved from domestic violence; or (ii) protect a named person from associated domestic violence; or (iii) protect a named person who is a child from being exposed to domestic violence committed by the respondent; and
- (i) protect the aggrieved from domestic violence; or
- (ii) protect a named person from associated domestic violence; or
- (iii) protect a named person who is a child from being exposed to domestic violence committed by the respondent; and
- (b) for an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and
- (c) for an ouster condition—the police officer has considered imposing a return condition; and
- (d) the supervising police officer who approves, under section 102 , the issuing of the notice including the condition is— (i) for a cool-down condition—of at least the rank of sergeant; or (ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.
- (i) for a cool-down condition—of at least the rank of sergeant; or
- (ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.
- (i) protect the aggrieved from domestic violence; or
- (ii) protect a named person from associated domestic violence; or
- (iii) protect a named person who is a child from being exposed to domestic violence committed by the respondent; and
- (i) for a cool-down condition—of at least the rank of sergeant; or
- (ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.
- (a) premises in which the respondent has a legal or equitable interest; and
- (b) premises where the aggrieved and respondent live together or have previously lived together; and
- (c) premises where the aggrieved or a named person lives, works or frequents.