sec.107DRelationship between police protection notice and family law order

### sec.107D Relationship between police protection notice and family law order If a police officer issuing a police protection notice is considering imposing a condition that would prevent or limit contact between the respondent and a child of the respondent, the police officer must ask the respondent and the aggrieved— whether a family law order that allows contact between the respondent and the child is in effect; and if the answer to the question in paragraph (a) is yes—to provide details of the terms of the order that allow contact between the respondent and the child. If the police officer knows, or reasonably believes, the condition being considered is inconsistent with a family law order, the police officer— must not impose the condition; and must consider whether, in the circumstances, it is necessary or desirable to apply to a magistrate, under division 4 , for a temporary protection order that prevents or limits contact between the respondent and a child in a way that is inconsistent with the family law order. If a condition included in a police protection notice is inconsistent with a family law order— the condition is of no effect to the extent of the inconsistency; and the inconsistency does not invalidate or otherwise affect the police protection notice. s 107D ins 2016 No. 51 s 26 (sec.107D-ssec.1) If a police officer issuing a police protection notice is considering imposing a condition that would prevent or limit contact between the respondent and a child of the respondent, the police officer must ask the respondent and the aggrieved— whether a family law order that allows contact between the respondent and the child is in effect; and if the answer to the question in paragraph (a) is yes—to provide details of the terms of the order that allow contact between the respondent and the child. (sec.107D-ssec.2) If the police officer knows, or reasonably believes, the condition being considered is inconsistent with a family law order, the police officer— must not impose the condition; and must consider whether, in the circumstances, it is necessary or desirable to apply to a magistrate, under division 4 , for a temporary protection order that prevents or limits contact between the respondent and a child in a way that is inconsistent with the family law order. (sec.107D-ssec.3) If a condition included in a police protection notice is inconsistent with a family law order— the condition is of no effect to the extent of the inconsistency; and the inconsistency does not invalidate or otherwise affect the police protection notice. - (a) whether a family law order that allows contact between the respondent and the child is in effect; and - (b) if the answer to the question in paragraph (a) is yes—to provide details of the terms of the order that allow contact between the respondent and the child. - (a) must not impose the condition; and - (b) must consider whether, in the circumstances, it is necessary or desirable to apply to a magistrate, under division 4 , for a temporary protection order that prevents or limits contact between the respondent and a child in a way that is inconsistent with the family law order. - (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 notice.