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, police protection direction
5 Amendment of s 21 (Who is an aggrieved and who is a
respondent)
(1) Section 21(1), ‘or a police protection notice,’—
omit, insert—
police protection direction or police protection
notice
(2) Section 21(2), ‘order or’—
omit, insert—
order, police protection direction or
(3) Section 21(3), ‘or a police protection notice,’—
omit, insert—
police protection direction or police protection
notice
(4) Section 21(5), after ‘in a’—
insert—
police protection direction or
6 Amendment of s 22 (Child as aggrieved or respondent)
(1) Section 22—
insert—
(3A) To remove any doubt, it is declared that a child
can not be named as the aggrieved or respondent
in a police protection direction.
Note—
See section 100C(1)(a).
(2) Section 22(3A) and (4)—
renumber as section 22(4) and (5).
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7 Amendment of s 22A (Who is the person most in need of
protection in a relevant relationship)
(1) Section 22A(2), ‘a court must consider’—
omit, insert—
the following matters must be considered
(2) Section 22A(2)(a), (b), (c) and (d), ‘; and’—
omit, insert—
;
8 Amendment of s 25 (Who can apply for a protection
order)
Section 25(1)(c), ‘section 100(2)(a)’—
omit, insert—
part 4
9 Amendment of s 32 (Application for protection order)
Section 32(1)(c), ‘section 100(2)(a)’—
omit, insert—
part 4
10 Amendment of s 36A (Court must be given respondent’s
criminal history and domestic violence history)
(1) Section 36A(1)—
insert—
(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
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taken to be an application for a protection
order under section 100ZB(2).
(2) Section 36A(2)(a)(i)—
omit, insert—
(i) with an application, notice or direction
mentioned in subsection (1)(a), (c) or (d); or
11 Amendment of s 37 (When court may make protection
order)
Section 37(3)—
omit, insert—
(3) However, the court must not refuse to make a
protection order merely because—
(a) the respondent has complied with an
intervention order or a diversion order
previously made against the respondent; or
(b) a police protection direction has been issued
against the respondent and is still in force.
12 Amendment of s 44 (When court may make temporary
protection order)
Section 44(2)—
omit, insert—
(2) For subsection (1)(a)—
(a) if the application is a police protection
direction taken to be an application for a
protection order under section 100ZB(1), it
does not matter whether or not the nature of
the protection order sought and the grounds
on which the order is sought—
(i) are stated in a statement mentioned in
section 100ZA(1)(c); or
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(ii) have otherwise been made known to
the court; and
(b) if the application is an application for a
review of a police protection direction taken
to be an application for a protection order
under section 100ZB(2), it does not matter
whether or not the nature of the protection
order sought and the grounds on which the
order is sought—
(i) are stated in the application for the
review; or
(ii) have otherwise been made known to
the court; and
(c) if the application is a police protection
notice taken to be an application for a
protection order under section 112, it does
not matter whether or not the nature of the
protection order sought and the grounds on
which the order is sought—
(i) are stated in the police protection
notice; or
(ii) are stated in a statement mentioned in
section 111(3) that has been filed under
that section; or
(iii) have otherwise been made known to
the court.
13 Insertion of new pt 3, div 5, sdiv 1, hdg
Part 3, division 5—
insert—
Subdivision 1 Standard and general
conditions
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14 Insertion of new pt 3, div 5, sdiv 2, hdg
After section 62—
insert—
Subdivision 2 Ouster and return
conditions
15 Insertion of new pt 3, div 5, sdiv 3 and sdiv 4, hdg
After section 66—
insert—
Subdivision 3 Monitoring device
conditions
66A Definitions for subdivision
In this subdivision—
monitoring device means an electronic device
capable of being worn, and not removed, by a
person for the purpose of a prescribed entity
finding or monitoring the geographical location of
the person.
monitoring device condition see section 66B(1).
prescribed entity means each of the following
entities—
(a) the chief executive of a department that is
mainly responsible for any of the following
matters—
(i) adult corrective services;
(ii) child protection services;
(iii) community services;
(b) the chief executive of another department
that provides services to persons who fear or
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experience domestic violence or who
commit domestic violence;
(c) the police commissioner;
(d) an entity prescribed by regulation for this
definition.
safety device means an electronic device given to
a person by a prescribed entity for the purpose of
identifying risks to the safety of the person in
relation to another person on whom a monitoring
device condition is imposed.
66B Court may impose monitoring device
condition
(1) Without limiting section 57, if the respondent is
an adult, the court may impose a condition (a
monitoring device condition) on the respondent
that requires the respondent to wear a monitoring
device for a stated period if—
(a) the court is satisfied that—
(i) the wearing of a monitoring device by
the respondent is necessary or desirable
to protect the aggrieved from domestic
violence, a named person from
associated domestic violence or a
named person who is a child from
being exposed to domestic violence;
and
(ii) either—
(A) the respondent has been convicted
of, or is charged with, a domestic
violence offence or an indictable
offence involving violence against
another person; or
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(B) there is a history of charges for
domestic violence offences made
against the respondent; and
(iii) the respondent is not required by a
court or other entity to wear an
electronic device for the purpose of an
entity finding or monitoring the
respondent’s geographical location;
and
(b) the court is prescribed by regulation for this
paragraph as a court that can impose a
monitoring device condition; and
(c) any other requirement prescribed by
regulation for this section is satisfied.
(2) The monitoring device condition may be imposed
only for the period the court considers reasonably
necessary in all the circumstances of the case.
(3) The court must give reasons for imposing the
monitoring device condition.
66C Considerations for imposing monitoring
device condition
(1) In deciding whether to impose a monitoring
device condition on the respondent, the court
must consider, in addition to the matters
mentioned in section 57 and the information given
under section 66D, the following matters—
(a) the personal circumstances of the
respondent, including the geographical area
where the respondent lives and the
respondent’s living arrangements;
(b) the respondent’s ability to charge and
maintain the monitoring device;
(c) any views or wishes expressed by the
aggrieved or named person regarding
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imposing the monitoring device condition
on the respondent;
(d) any other matter prescribed by regulation
for this section.
(2) Without limiting subsection (1), a court imposing
a monitoring device condition on the respondent
must consider whether to impose on the
respondent—
(a) an ouster condition; or
(b) a condition under section 58(c) that
prohibits the respondent from approaching,
or attempting to approach, the aggrieved or
named person.
66D Request for information
(1) The court may ask a prescribed entity or another
entity prescribed by regulation for this section to
provide information that the court reasonably
considers may help the court in deciding whether
it is necessary or desirable to impose the
monitoring device condition on the respondent.
(2) The entity must comply with the request for
information.
66E Other conditions and arrangements if
monitoring device condition imposed
(1) If the court imposes a monitoring device
condition on the respondent—
(a) the court may impose any other condition
that the court considers necessary to
facilitate the operation of the monitoring
device; and
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Examples of conditions a court may consider
necessary to facilitate the operation of a monitoring
device required to be worn by a respondent—
• a condition that requires the respondent to
attend at a stated place to be fitted with the
monitoring device
• a condition that requires the respondent to
take stated and other reasonable steps to
ensure the monitoring device and any
equipment necessary for the operation of the
monitoring device are, or remain, in good
working order
(b) the chief executive must make all necessary
and convenient arrangements to ensure
compliance with the monitoring device
condition and any other conditions the court
imposes.
(2) The chief executive may, for the performance of
the chief executive’s function under subsection
(1)(b), ask a prescribed entity—
(a) to fit the monitoring device to, or to remove
the monitoring device from, the respondent;
and
(b) to do any of the following—
(i) remotely monitor the monitoring
device;
(ii) give a safety device to the aggrieved or
named person;
(iii) remotely monitor the safety device;
(iv) contact the respondent in relation to an
alert or notification from the
monitoring device;
(v) contact the aggrieved or named person
in relation to an alert or notification
from the safety device;
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(vi) give information relating to alerts and
notifications from the monitoring
device to the chief executive and
another prescribed entity;
(vii) anything else the chief executive
considers relevant to the imposition of
the conditions.
(3) In making a request under subsection (2), the
chief executive may have regard to the prescribed
entity’s ability to comply with the request.
(4) The prescribed entity must comply with a request
under subsection (2).
(5) The prescribed entity may delegate a function
requested under subsection (2) to an appropriately
qualified person.
66F Information relating to monitoring device
condition
(1) A regulation may prescribe—
(a) how information relating to a monitoring
device or safety device, including
information relating to alerts and
notifications from the device or a person’s
geographical location, may be shared and
with whom; and
(b) the purpose for which the information may
be shared; and
(c) the entity responsible for recording or
storing the information; and
(d) how the information will be recorded or
stored.
(2) A person who obtains information relating to a
monitoring device or safety device, including
information relating to alerts and notifications
from the device or a person’s geographical
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location, must not use the information for a
purpose other than—
(a) the purpose for which the information was
obtained; or
(b) a purpose that is authorised or permitted
under an Act.
Maximum penalty—100 penalty units or 2 years
imprisonment.
66G Restriction on disclosure in proceedings
Evidence of the imposition of a monitoring device
condition or the use of a monitoring device or
safety device, and other evidence directly or
indirectly derived from the imposition or use, is
not admissible in any proceeding other than a
proceeding for a domestic violence offence.
66H Expiry of subdivision
This subdivision expires on the day that is 2 years
after the day this section commences.
Subdivision 4 Condition for protection of
unborn child
16 Amendment of s 75 (Approval of providers and
intervention programs)
(1) Section 75(1), from ‘the entity’—
omit, insert—
the entity—
(a) has appropriate experience and
qualifications to provide an approved
intervention program or counselling; and
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(b) satisfies any other criteria prescribed by
regulation.
(2) Section 75(2)(b), ‘prescribed under a’—
omit, insert—
prescribed by
17 Amendment of s 83 (No exemption under Weapons Act)
(1) Section 83(2), after ‘domestic violence order,’—
insert—
police protection direction,
(2) Section 83(2), after ‘the order,’—
insert—
direction,
(3) Section 83(3), after ‘domestic violence order,’—
insert—
police protection direction,
(4) Section 83(4)(b), ‘notice and explains the’—
omit, insert—
direction or police protection notice and explains
the direction or
18 Amendment of s 100 (Police officer must investigate
domestic violence)
(1) Section 100(3)—
insert—
(ba) issue a police protection direction under
division 1A;
(2) Section 100(3)(ba) to (f)—
renumber as section 100(3)(c) to (g).
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19 Insertion of new pt 4, div 1A
Part 4—
insert—
Division 1A Power to issue police
protection direction
Subdivision 1 Preliminary
100APurpose of police protection directions
The purpose of police protection directions is to
provide a way for police to respond to acts of
domestic violence, to achieve the main objects of
this Act, in circumstances when it would be
appropriate not to bring the matter before a court.
Subdivision 2 Issue of police protection
direction
100B Police officer may issue direction
(1) A police officer may issue a direction (a police
protection direction) against a person (the
respondent) if the officer reasonably believes—
(a) the respondent has committed domestic
violence; and
(b) a police protection direction is necessary or
desirable to protect the aggrieved from
domestic violence; and
(c) none of the circumstances mentioned in
section 100C or 100D(2) apply; and
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