QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.36ACourt must be given respondent’s criminal history and domestic violence history and other information
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### sec.36A Court must be given respondent’s criminal history and domestic violence history and other information
This section applies if—
a police officer makes an application for a protection order; or
the clerk of the court gives an application for a protection order to the officer in charge of a police station under section 33 (2) (b) ; or
a copy of a police protection notice issued by a police officer is filed in the court to be heard as an application for a protection order; or
a copy of a police protection direction issued by a police officer is filed in the court, under section 100ZA , to be heard as an application for a protection order; or
an application for a review of a police protection direction under section 100Z is taken to be an application for a protection order under section 100ZB (2) .
The police commissioner must ensure a copy of the respondent’s criminal history and domestic violence history—
is filed in the court—
with an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or
before the date and time stated in the application for the first hearing of the application; or
is given to the court when the application is first heard.
If the respondent does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of that fact.
If a police protection direction is in effect in relation to the aggrieved and respondent (regardless of who is the aggrieved and who is the respondent in relation to the direction), the police commissioner must also give the following information with the copy filed or given under subsection (2) or information given under subsection (3) —
a copy of the direction; and
the signed written notice stating the grounds for issuing the direction prepared, by the police officer who issued the direction, under section 100O (2) .
s 36A ins 2023 No. 1 s 35
amd 2025 No. 18 s 10
(sec.36A-ssec.1) This section applies if— a police officer makes an application for a protection order; or the clerk of the court gives an application for a protection order to the officer in charge of a police station under section 33 (2) (b) ; or a copy of a police protection notice issued by a police officer is filed in the court to be heard as an application for a protection order; or a copy of a police protection direction issued by a police officer is filed in the court, under section 100ZA , to be heard as an application for a protection order; or an application for a review of a police protection direction under section 100Z is taken to be an application for a protection order under section 100ZB (2) .
(sec.36A-ssec.2) The police commissioner must ensure a copy of the respondent’s criminal history and domestic violence history— is filed in the court— with an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or before the date and time stated in the application for the first hearing of the application; or is given to the court when the application is first heard.
(sec.36A-ssec.3) If the respondent does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of that fact.
(sec.36A-ssec.4) If a police protection direction is in effect in relation to the aggrieved and respondent (regardless of who is the aggrieved and who is the respondent in relation to the direction), the police commissioner must also give the following information with the copy filed or given under subsection (2) or information given under subsection (3) — a copy of the direction; and the signed written notice stating the grounds for issuing the direction prepared, by the police officer who issued the direction, under section 100O (2) .
- (a) a police officer makes an application for a protection order; or
- (b) the clerk of the court gives an application for a protection order to the officer in charge of a police station under section 33 (2) (b) ; or
- (c) a copy of a police protection notice issued by a police officer is filed in the court to be heard as an application for a protection order; or
- (d) a copy of a police protection direction issued by a police officer is filed in the court, under section 100ZA , to be heard as an application for a protection order; or
- (e) an application for a review of a police protection direction under section 100Z is taken to be an application for a protection order under section 100ZB (2) .
- (a) is filed in the court— (i) with an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or (ii) before the date and time stated in the application for the first hearing of the application; or
- (i) with an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or
- (ii) before the date and time stated in the application for the first hearing of the application; or
- (i) with an application, notice or direction mentioned in subsection (1) (a) , (c) or (d) ; or
- (ii) before the date and time stated in the application for the first hearing of the application; or
- (b) is given to the court when the application is first heard.
- (a) a copy of the direction; and
- (b) the signed written notice stating the grounds for issuing the direction prepared, by the police officer who issued the direction, under section 100O (2) .