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(d) it would not be more appropriate to take
action that involves an application for a
protection order.
(2) In deciding whether to issue a police protection
direction, the police officer must consider—
(a) the principles mentioned in section 4; and
(b) the criminal history and domestic violence
history of the respondent and the aggrieved;
and
(c) whether any circumstances mentioned in
section 100E(1)(a) apply and, if so, whether
the circumstances indicate it would be more
appropriate to take action that involves an
application for a protection order; and
(d) any views or wishes expressed by the
aggrieved about whether an application for a
protection order should be made.
(3) Before issuing a police protection direction, if the
respondent is not present at the same location as
the police officer, the officer must make a
reasonable attempt to locate and talk to the
respondent, including by telephone, to afford the
respondent natural justice in relation to the issuing
of a police protection direction.
(4) This section is subject to sections 100K and 100L.
100C Circumstances when police officer must not
issue direction
(1) A police officer must not issue a police protection
direction against the respondent if the officer
reasonably believes any of the following
circumstances apply—
(a) either the aggrieved or the respondent is—
(i) a child; or
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(ii) a police officer;
(b) the respondent should be taken into custody
under division 3 or otherwise in relation to
the relevant domestic violence;
(c) a domestic violence order or recognised
interstate order relating to the respondent
and the aggrieved is in force or has
previously been in force (regardless of who
is or was the respondent and who is or was
the aggrieved);
(d) a police protection direction against the
respondent is in force or has previously been
in force;
(e) the respondent has been convicted of a
domestic violence offence within the
previous 2 years;
(f) a proceeding for a domestic violence
offence against the respondent has started
but not been finally disposed of;
(g) an application for a protection order against
the respondent has been made but not finally
dealt with;
(h) the respondent used, or threatened to use, an
offensive weapon or instrument to commit
the relevant domestic violence;
(i) that, in relation to the relevant domestic
violence—
(i) there are indications that both persons
in the relationship are in need of
protection; and
(ii) the person who is most in need of
protection in the relationship can not be
identified.
(2) Subsection (1)(f) does not prevent the issue of a
police protection direction against the respondent
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and, at the same time, the starting of a proceeding
against the respondent for a domestic violence
offence relating to the relevant domestic violence.
(3) Also, a police officer must not issue a police
protection direction against the respondent if the
officer reasonably believes—
(a) it is necessary or desirable to protect a child
of the aggrieved, or a child who usually lives
with the aggrieved, from—
(i) associated domestic violence; or
(ii) being exposed to domestic violence
committed by the respondent; and
(b) a condition mentioned in section 100H is
needed to provide the protection.
(4) In this section—
offensive weapon or instrument see the Police
Powers and Responsibilities Act 2000, schedule
6.
100D Restriction on issuing direction involving
child of respondent
(1) This section applies in relation to a police
protection direction that—
(a) includes a child of the respondent as a
named person; or
(b) includes a condition that would prevent or
limit contact between the respondent and a
child of the respondent.
(2) A police officer must not issue a police protection
direction mentioned in subsection (1) if the officer
knows or reasonably believes—
(a) any of the following orders or agreements
relating to the child is in force—
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(i) a family law order; or
(ii) an order or care agreement under the
Child Protection Act 1999; or
(b) a proceeding relating to the child under the
Child Protection Act 1999 or the Family
Law Act 1975 (Cwlth) has been started but
not finally dealt with.
(3) Before issuing a police protection direction
mentioned in subsection (1), a police officer must
ask the respondent and the aggrieved whether
subsection (2)(a) or (b) applies.
(4) If a police protection direction mentioned in
subsection (1) is issued and a condition of the
direction is inconsistent with an order or
agreement mentioned in subsection (2)(a)—
(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
direction.
100E Other matters for consideration before
issuing direction
(1) If a police officer is considering issuing a police
protection direction, the officer must consider—
(a) whether any of the following circumstances
apply—
(i) the respondent may cause serious harm
to the aggrieved or a named person if
the respondent commits further
domestic violence;
(ii) additional powers of a court, in making
a protection order, may be necessary or
desirable to protect the aggrieved from
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further domestic violence by the
respondent;
Examples of additional powers—
• making an intervention order
• imposing conditions on a protection
order that may not be imposed on a
police protection direction, such as a
monitoring device condition under
section 66B or a condition about
possessing a thing used as a weapon
under section 81
(iii) the respondent or the aggrieved has a
conviction for a domestic violence
offence;
Note—
See also section 100C(1)(e).
(iv) the respondent is not present at the
same location as the officer and the
officer has not, after making reasonable
attempts, been able to locate and talk to
the respondent, including by telephone,
to perform the officer’s functions under
division 1; and
(b) if any of the circumstances mentioned in
paragraph (a) apply—whether the
circumstances indicate it would be more
appropriate to take action that involves an
application for a protection order.
(2) The fact that circumstances mentioned in
subsection (1)(a) exist—
(a) does not mean the police officer can not
issue a police protection direction; and
(b) does not invalidate a police protection
direction issued by the police officer
whether or not the officer considered the
matter mentioned in subsection (1)(b).
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100F Naming persons in direction
(1) This section applies if a police officer issuing a
police protection direction reasonably believes—
(a) naming a child of the aggrieved, or a child
who usually lives with the aggrieved, in the
direction is necessary or desirable to protect
the child from—
(i) associated domestic violence; or
(ii) being exposed to domestic violence
committed by the respondent; or
(b) naming another relative, or an associate, of
the aggrieved in the direction is necessary or
desirable to protect the relative or associate
from associated domestic violence.
(2) The police officer may name the child, relative or
associate (each a named person) in the police
protection direction.
Note—
See, however, section 100C(3).
100G Standard conditions must be included
A police protection direction must include a
condition that the respondent—
(a) must be of good behaviour towards the
aggrieved and must not commit domestic
violence against the aggrieved; and
(b) must not organise, encourage, ask, tell, force
or engage another person to do something
that, if done by the respondent, would be
domestic violence against the aggrieved;
and
(c) if the direction includes a named person
who is an adult—
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(i) must be of good behaviour towards the
named person; and
(ii) must not commit associated domestic
violence against the named person; and
(iii) must not organise, encourage, ask, tell,
force or engage another person to do
something that, if done by the
respondent, would be domestic
violence against the named person; and
(d) if the direction includes a named person
who is a child—
(i) must be of good behaviour towards the
child; and
(ii) must not commit associated domestic
violence against the child; and
(iii) must not expose the child to domestic
violence; and
(iv) must not organise, encourage, ask, tell,
force or engage another person to do
something that, if done by the
respondent, would be associated
domestic violence against the child;
and
(v) must not organise, encourage, ask, tell,
force or engage another person to do
something that exposes the child to
domestic violence.
100H Other conditions may be included
(1) This section does not apply to a police protection
direction naming a child.
Note—
See section 100C(3).
(2) A police protection direction may include any or
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all of the conditions that may be imposed on a
police protection notice under section 106A.
(3) The police officer issuing a police protection
direction may impose a condition mentioned in
subsection (2) if—
(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; 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 100K, the issuing of the
direction 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.
(4) To remove any doubt, it is declared that the
premises that may be stated in a cool-down
condition or ouster condition include—
(a) premises in which the respondent has a legal
or equitable interest; and
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(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.
100I Condition for protection of unborn child
(1) This section applies if—
(a) a police officer issuing a police protection
direction reasonably believes an aggrieved
is pregnant; and
(b) the direction does not include any
conditions mentioned in section 100H.
Note—
See section 100C(3).
(2) The police protection direction may include a
condition mentioned in section 100G(d) that takes
effect when the child is born.
(3) The police officer may impose the condition if
satisfied the condition is necessary or desirable to
protect the child from associated domestic
violence, or being exposed to domestic violence,
once the child is born.
(4) To remove any doubt, it is declared that the police
officer may impose the condition whether or not
the respondent is the father of the child.
100J Police officer must consider accommodation
needs
(1) This section applies if—
(a) a police protection direction includes a
cool-down condition or ouster condition;
and
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(b) a police officer serves the direction on the
respondent or tells the respondent about the
direction as mentioned in
section 100R(1)(b).
(2) The police officer must—
(a) consider the accommodation needs of the
respondent; and
(b) take any reasonable steps necessary to
ensure the respondent has access to
temporary accommodation.
Examples of reasonable steps—
• making, or arranging, telephone enquiries to
identify temporary accommodation
• transporting the respondent a short distance to
suitable temporary accommodation, for
example, a motel or the residence of a family
member or friend
(3) To remove any doubt, it is declared that the
requirement under subsection (2)(b) does not
include an obligation for the police officer or the
Queensland police service—
(a) to transport, or arrange for the transport of,
the respondent to the accommodation; or
(b) to provide accommodation to the respondent
free of charge.
100K Approval of supervising police officer
required
(1) Before issuing a police protection direction, the
police officer must obtain the approval of a
supervising police officer.
(2) The supervising police officer must be a police
officer—
(a) of at least the following rank—
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(i) if the police protection direction
includes an ouster condition or
no-contact condition—senior sergeant;
(ii) otherwise—sergeant; and
(b) authorised by the police commissioner to
approve the issue of police protection
directions; and
(c) who was not involved in investigating the
relevant domestic violence.
(3) The approval of the supervising police officer
may be sought and given verbally, including, for
example, in person, or by telephone, radio,
internet or other similar facility.
(4) If the supervising police officer reasonably
believes a police protection notice may be issued
under section 101 and it would be more
appropriate for a police protection notice to be
issued—
(a) the supervising police officer may approve
the issue of a police protection notice as if
the request for approval were a request
under section 102 for approval to issue a
police protection notice; and
(b) the approval is taken to have been given
under section 102.
(5) The police officer must make a written record
of—
(a) the supervising police officer’s decision—
(i) to give or refuse the approval; or
(ii) if subsection (4) applies—to approve
the issue of a police protection notice;
and
(b) the date and time of the decision; and
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Section retrieval-0003 - Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 - Document excerpt 3 | Zoe