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Authorised by the Parliamentary Counsel
[s 31]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
police officer tells the respondent about the existence of
the direction and its conditions.
(2) Section 175(1)(aa) to (c)—
renumber as section 175(1)(b) to (d).
31 Insertion of new s 177A
After section 177—
insert—
177A Contravention of a police protection
direction
(1) This section applies to a respondent in relation to
whom a police protection direction is in force.
Note—
See section 100R(1) for when a police protection
direction takes effect.
(2) The respondent must not contravene the police
protection direction.
Maximum penalty—120 penalty units or 3 years
imprisonment.
(3) A court hearing proceedings for the prosecution
of an offence against subsection (2) must consider
whether the police protection direction was issued
in substantial compliance with part 4, division
1A.
(4) If the police protection direction took effect under
section 100R(1)(b), the prosecution bears the
onus of proving, beyond a reasonable doubt, that
the respondent has been told by a police officer
about the existence of a police protection
direction or about a condition of the direction the
respondent is alleged to have contravened.
1
2
3
4
Clause 5
6
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Authorised by the Parliamentary Counsel
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Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
32 Amendment of s 179A (Engaging in domestic violence or
associated domestic violence to aid respondent)
(1) Section 179A(1)(a), after ‘order,’—
insert—
police protection direction,
(2) Section 179A(1)(b) and (c), after ‘order,’—
insert—
direction,
(3) Section 179A(3), after ‘domestic violence order,’—
insert—
police protection direction,
(4) Section 179A(3), after ‘the order,’—
insert—
direction,
(5) Section 179A(5), definition domestic violence behaviour,
after ‘domestic violence order,’—
insert—
police protection direction,
(6) Section 179A(5), definition domestic violence behaviour,
after ‘the order,’—
insert—
direction,
33 Amendment of s 180 (Aggrieved or named person not
guilty of offence)
(1) Section 180, after ‘order,’—
insert—
police protection direction,
(2) Section 180(a), after ‘177,’—
Clause 1
2
3
4
5
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Clause 23
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Authorised by the Parliamentary Counsel
[s 34]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
insert—
177A,
34 Amendment of s 184 (Service of order on respondent)
(1) Section 184(5)(b)(i), before ‘police protection notice’—
insert—
police protection direction or
(2) Section 184(5)(b)(ii), ‘the notice’—
omit, insert—
the direction, notice
(3) Section 184(7), before ‘police protection notice’—
insert—
police protection direction or
(4) Section 184(7), ‘the notice’—
omit, insert—
the direction or notice
35 Amendment of s 188 (Giving of document to child)
Section 188(6), after ‘order,’—
insert—
a police protection direction,
36 Amendment of s 189 (Evidentiary provision)
(1) Section 189(3)(a), after ‘issued a’—
insert—
stated police protection direction or
(2) Section 189(3)(b), after ‘section’—
insert—
1
2
Clause 3
4
5
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Clause 16
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Clause 20
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Authorised by the Parliamentary Counsel
[s 37]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
100K or
(3) Section 189(3)(c), after ‘of a’—
insert—
stated police protection direction or
37 Insertion of new s 189C
After section 189B—
insert—
189C Police protection directions register
(1) The police commissioner must keep a register of
police protection directions in a form that the
commissioner considers appropriate.
(2) The register must contain particulars of all police
protection directions issued by police officers,
including—
(a) particulars of—
(i) the respondent; and
(ii) the aggrieved; and
(iii) each named person; and
(b) the date of issue and expiry; and
(c) the date, if any, that the direction ceased to
have effect under section 100R; and
(d) each amendment under part 4, division 1A,
subdivision 3; and
(e) each application for review under part 4,
division 1A, subdivision 4, and the outcome
of the review; and
(f) each application for review under part 4,
division 1A, subdivision 5, and the outcome
of the review.
(3) The particulars in the register about a particular
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Clause 5
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Authorised by the Parliamentary Counsel
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Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
police protection direction must, on request by the
respondent, the aggrieved or a named person, be
made available for inspection by the respondent,
aggrieved or named person.
(4) To remove any doubt, it is declared that the
register is to include particulars of police
protection directions that have been revoked or set
aside by a court.
38 Insertion of new s 192A
After section 192—
insert—
192A Review of police protection directions
provisions
(1) The Minister must ensure the operation of the
police protection direction provisions is reviewed
as soon as practicable after the day that is 2 years
after the commencement.
(2) The review must include a review of—
(a) whether police protection directions have
been effective in improving the safety,
protection and wellbeing of people who fear
or experience domestic violence; and
(b) whether the issuing of police protection
directions has had any impact on courts in
relation to civil or criminal proceedings
about domestic violence; and
(c) whether the police protection directions
provisions—
(i) have improved the efficiency of the
exercise of police powers under this
Act; and
(ii) remain appropriate.
(3) The Minister must, as soon as practicable after the
1
2
3
4
5
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Clause 9
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Authorised by the Parliamentary Counsel
[s 39]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
review is finished, table in the Legislative
Assembly a report on the outcome of the review.
(4) In this section—
police protection directions provisions means the
provisions of this Act about police protection
directions.
39 Insertion of new pt 10, div 7
Part 10—
insert—
Division 7 Transitional provisions for
Domestic and Family
Violence Protection and
Other Legislation
Amendment Act 2025
243 Effectiveness of monitoring device condition
after court stops being prescribed or pt 3, div
5, sdiv 3 expires
(1) This section applies if—
(a) a court imposes under part 3, division 5,
subdivision 3 a monitoring device condition
for a stated period; and
(b) either of the following events happens
before the end of the stated period—
(i) the court stops being prescribed under
section 66B(1)(b) as a court that can
impose a monitoring device condition;
(ii) part 3, division 5, subdivision 3
expires.
(2) The monitoring device condition is taken to be
effective until the end of the stated period despite
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3
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5
6
Clause 7
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Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
the happening of either of the events.
244 Application of pt 3, div 5, sdiv 3 to proceeding
to vary domestic violence order
To remove any doubt, it is declared that part 3,
division 5, subdivision 3 applies to a proceeding
to vary a domestic violence order whether the
domestic violence order was made before or after
the commencement.
40 Amendment of schedule (Dictionary)
(1) Schedule, definition prescribed entity—
omit.
(2) Schedule—
insert—
monitoring device, for part 3, division 5,
subdivision 3, see section 66A.
monitoring device condition, for part 3, division
5, subdivision 3, see section 66B(1).
police protection direction means a police
protection direction issued under section 100B.
prescribed entity—
(a) for part 3, division 5, subdivision 3, see
section 66A; or
(b) for part 5A, see section 169C.
relevant domestic violence, in relation to a police
protection direction, means the domestic violence
mentioned in section 100B(1)(a) because of
which—
(a) a police officer is deciding whether to issue
the direction; or
(b) the direction was issued.
1
2
3
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5
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8
Clause 9
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Authorised by the Parliamentary Counsel
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Part 2 Amendment of Domestic and Family Violence Protection Act 2012
safety device, for part 3, division 5, subdivision 3,
see section 66A.
(3) Schedule, definition domestic violence history, after ‘made,
or’—
insert—
directions or
(4) Schedule, definition domestic violence history, after ‘made
or’—
insert—
direction or
(5) Schedule, definition domestic violence history—
insert—
(aa) a police protection direction;
(6) Schedule, definition domestic violence history, paragraphs
(aa) to (f)—
renumber as paragraphs (b) to (g).
(7) Schedule, definition named person—
insert—
(aa) in relation to a police protection direction,
see section 100F(2); or
(8) Schedule, definition named person, paragraphs (aa) and (b)—
renumber as paragraphs (b) and (c).
(9) Schedule, definition ouster condition, paragraph (b), before
‘police’—
insert—
police protection direction or
(10) Schedule, definition return condition, paragraph (b), before
‘police’—
insert—
police protection direction or
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Page 64
Authorised by the Parliamentary Counsel
[s 41]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 3 Amendment of Evidence Act 1977
Part 3 Amendment of Evidence Act
1977
41 Act amended
This part amends the Evidence Act 1977.
42 Replacement of s 103C (Meaning of domestic violence
proceeding)
Section 103C—
omit, insert—
103C Meaning of domestic violence proceeding
(1) A domestic violence proceeding is—
(a) a committal proceeding in relation to a
charge of a domestic violence offence; or
(b) a summary proceeding under the Justices
Act 1886 in relation to a charge of a
domestic violence offence; or
(c) another criminal proceeding in relation to a
charge of a domestic violence offence that—
(i) is of a type prescribed by regulation;
and
(ii) is held before a court at a place
prescribed by regulation for the type of
proceeding mentioned in subparagraph
(i).
(2) A proceeding mentioned in subsection (1)(a), (b)
or (c) is a domestic violence proceeding whether
or not the proceeding also relates to a charge of an
offence other than a domestic violence offence.
(3) A reference in subsection (1)(a) to a committal
proceeding includes a reference to a registry
committal within the meaning of the Justices Act
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Clause 3
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Clause 5
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Authorised by the Parliamentary Counsel
[s 43]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 3 Amendment of Evidence Act 1977
1886, section 4.
43 Amendment of pt 6A, div 2, sdiv 1, hdg (Use of recorded
statements)
Part 6A, division 2, subdivision 1, heading, after ‘Use’—
insert—
and making
44 Amendment of s 103D (Use of recorded statement as
complainant’s evidence-in-chief)
Section 103D—
insert—
(3) To remove any doubt, it is declared that a
complainant’s evidence-in-chief under subsection
(1) may consist of more than 1 recorded statement
made under this part.
45 Amendment of s 103E (Requirements for making
recorded statements)
(1) Section 103E(1) and (2)—
omit.
(2) Section 103E(3), ‘Also, a’—
omit, insert—
A
(3) Section 103E(3), before paragraph (a)—
insert—
(aa) be taken by a police officer; and
(4) Section 103E(3)(b), ‘the complainant’s acknowledgement, or
declaration under the Oaths Act 1867,’—
omit, insert—
1
Clause 2
3
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Clause 7
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Clause 15
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Authorised by the Parliamentary Counsel
[s 46]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 3 Amendment of Evidence Act 1977
, at the end of the recorded statement, a
declaration by the complainant
(5) Section 103E(3)(c)—
omit.
(6) Section 103E(3)(aa) to (b)—
renumber as section 103E(3)(a) to (c).
(7) Section 103E(4)—
omit, insert—
(4) Also, if any part of a recorded statement is in a
language other than English—
(a) the recorded statement must contain an oral
translation of the part into English; or
(b) a separate written English translation of the
part must accompany the statement.
(8) Section 103E(3) and (4)—
renumber as section 103E(1) and (2).
46 Amendment of s 103F (When recorded statement is made
with informed consent)
(1) Section 103F(2)—
omit, insert—
(2) A police officer taking the recorded statement
must, before or at the time of starting to take the
recorded statement, explain all of the following
matters to the complainant—
(a) that the recorded statement may be
presented as the complainant’s
evidence-in-chief in a court;
(b) that the recorded statement may be
disclosed to, and used by, the accused
person and other persons regardless of
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Clause 17
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Authorised by the Parliamentary Counsel
[s 46]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 3 Amendment of Evidence Act 1977
whether the recorded statement is presented
as the complainant’s evidence-in-chief;
(c) that, if the recorded statement is presented
as the complainant’s evidence-in-chief, the
complainant may be required to—
(i) confirm, or testify about, the
truthfulness of the recorded statement
in the court; and
(ii) give further evidence in the court;
(d) that the complainant may refuse to consent
to the making of the recorded statement;
(e) that, if the complainant consents to the
making of the recorded statement, the
complainant may withdraw their consent at
any time while the recorded statement is
being taken by the police officer;
(f) any other matter the police officer considers
relevant and necessary.
Examples of other matters that may be considered
relevant and necessary—
• the existence of offences in subdivision 4
relating to particular unauthorised uses and
publication of recorded statements or
transcripts of recorded statements
• the limitations on disclosure of recorded
statements under the Criminal Code, section
590AOB
• the ability for an application to be made for
an order under the Domestic and Family
Violence Protection Act 2012
(2) Section 103F(3), ‘informed’—
omit, insert—
given an explanation
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Authorised by the Parliamentary Counsel
[s 47]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 3 Amendment of Evidence Act 1977
47 Amendment of s 103H (Admissibility of recorded
statements generally)
(1) Section 103H(1)(a), ‘section 103E(3)’—
omit, insert—
section 103E
(2) Section 103H(1)(d)(i), after ‘attests to’—
insert—
, or otherwise confirms,
(3) Section 103H(3)(a), ‘section 103E(3)’—
omit, insert—
section 103E
(4) Section 103H(3)(b)(i)—
insert—
Example of exceptional circumstances—
moving images from the recorded statement can not be
produced because of a technological error or failure
48 Amendment of s 103I (Admissibility of recorded
statements in particular committal proceedings)
(1) Section 103I(1), after ‘committal proceeding’—
insert—
, other than a registry committal within the
meaning of the Justices Act 1886, section 4
(2) Section 103I(5)(a), after ‘attest to’—
insert—
, or otherwise confirm,
Clause 1
2
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Clause 17
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Authorised by the Parliamentary Counsel
[s 49]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 3 Amendment of Evidence Act 1977
49 Amendment of s 103IA (Admissibility of transcripts of
recorded statements in particular registry committal
proceedings)
(1) Section 103IA, heading, ‘particular registry committal
proceedings’—
omit, insert—
registry committals
(2) Section 103IA(1)—
omit, insert—
(1) This section applies in relation to a domestic
violence proceeding that is a registry committal
within the meaning of the Justices Act 1886,
section 4.
50 Amendment of s 103Q (Unauthorised possession of, or
dealing in, recorded statements or transcripts of
recorded statements)
Section 103Q(2)(a), after ‘another proceeding’—
insert—
, including a proceeding under the Domestic and
Family Violence Protection Act 2012
51 Insertion of new pt 6A, div 2, sdiv 5
Part 6A, division 2—
insert—
Subdivision 5 Miscellaneous
103SAA Operation of particular provision not
affected in relation to use of recorded
statements
To remove any doubt, it is declared that nothing in
this part limits or otherwise affects the operation
Clause 1
2
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5
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Clause 14
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Clause 21
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