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Page 44 Authorised by the Parliamentary Counsel [s 19] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 section 100U, for a review of a police protection direction, the police commissioner must give the respondent and aggrieved a written notice— (a) notifying the respondent and aggrieved of the review; and (b) inviting the respondent and aggrieved to make submissions about the review within a stated period of at least 7 days. (2) The police commissioner may also give a named person a written notice— (a) notifying the named person of the review; and (b) inviting the named person to make submissions about the review within a stated period of at least 7 days. (3) The police commissioner may ask the respondent, the aggrieved or a named person for any information the commissioner considers necessary to decide the review. (4) The respondent, the aggrieved or a named person may, but is not required to— (a) make submissions about the review in response to an invitation under subsection (1) or (2); or (b) give information in response to a request under subsection (3). 100X Conduct of review (1) A review of a police protection direction under this subdivision may be conducted only by a police officer (the reviewing officer)— (a) of a rank higher than the supervising officer who approved the issue of the direction; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 45 Authorised by the Parliamentary Counsel [s 19] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 (b) authorised by the police commissioner to conduct reviews of police protection directions under this subdivision; and (c) who was not involved in investigating the relevant domestic violence. (2) Subsection (1)(a) does not apply if the police commissioner was the supervising officer who approved the issue of the police protection direction. (3) The reviewing officer must— (a) consider all relevant information available to the officer, including any submissions made, or information given, in relation to the direction under section 100W; and (b) decide the review on the basis of the circumstances that existed when the police protection direction was issued, including any circumstances that existed at that time but were not known or considered by the police officer who issued the direction. 100Y Decision on review (1) The reviewing officer must, within 28 days after the request under section 100T, or the application under section 100U, is made for the review decide to— (a) confirm the police protection direction; or (b) revoke the police protection direction and issue a new police protection direction that— (i) is against the same respondent in favour of the same aggrieved; and (ii) has the same or different named persons; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

Page 46 Authorised by the Parliamentary Counsel [s 19] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 (iii) includes the same or different conditions; or (c) revoke the police protection direction and take no other action; or (d) revoke the police protection direction and do any of the following— (i) apply to a court for a protection order in relation to the respondent and aggrieved under part 3, division 1; (ii) issue a police protection notice in relation to the respondent and aggrieved under division 2; (iii) take any other action mentioned in section 100(3) that is appropriate in the circumstances. (2) A protection order sought under subsection (1)(d)(i)— (a) may be— (i) against the respondent in favour of the aggrieved; or (ii) against the aggrieved in favour of the respondent; and (b) may be subject to the same or different conditions as the revoked police protection direction. (3) A police protection notice issued under subsection (1)(d)(ii)— (a) may be issued— (i) against the respondent in favour of the aggrieved; or (ii) against the aggrieved in favour of the respondent; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 47 Authorised by the Parliamentary Counsel [s 19] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 (b) may be subject to the same or different conditions as the revoked police protection direction. (4) The reviewing officer must, as soon as practicable after deciding the review, give the respondent, aggrieved and each named person written notice of the decision stating— (a) the decision; and (b) the reasons for the decision; and Note— See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons. (c) that the respondent or aggrieved may seek a review of the direction by a Magistrates Court under subdivision 5, how to seek the review and the possible decisions that could be made on the review; and (d) that the respondent or aggrieved may apply for a protection order under part 3, division 1. (5) If the decision on the review is, or includes a decision, that the police protection direction is revoked— (a) the revoked direction is taken never to have been issued; and (b) the revoked direction does not form part of the respondent’s domestic violence history; and (c) despite paragraphs (a) and (b), a proceeding may be started or continued against the respondent for an offence, committed before the direction was revoked, against section 177A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

Page 48 Authorised by the Parliamentary Counsel [s 19] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 Subdivision 5 Court review of direction 100Z Application for review (1) The following persons may, at any time while a police protection direction is in force, apply to a Magistrates Court for a review of the direction— (a) the respondent; (b) the aggrieved; (c) an authorised person for the aggrieved; (d) a person acting under another Act for the aggrieved. (2) The application must— (a) be in the approved form; and (b) state— (i) the nature of the outcome sought; and (ii) the grounds on which the outcome is sought; and (c) be filed in the court. (3) As soon as practicable after the application is filed, the clerk of the court must give a copy of the application to the police commissioner. (4) In this section— authorised person, for an aggrieved, means an adult authorised in writing by the aggrieved to represent the aggrieved in relation to an application under this subdivision. 100ZA Filing and service of documents (1) The police commissioner must, within 1 business day after receiving a copy of an application for the review of a police protection direction under 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

Page 49 Authorised by the Parliamentary Counsel [s 19] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 section 100Z(3), file the following documents in the court— (a) a copy of the direction; (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); (c) if the direction does not include the matters mentioned in section 100N(2)(b) and (c)—a statement made and signed by the police officer who issued the direction about the following matters— (i) the nature of the protection order sought by the application for a protection order; (ii) the grounds on which the protection order is sought; (d) a notice, to be served on each person mentioned in subsection (4)(a) and (b), stating that the person will be notified of the date, time and place for the hearing of the application for the review. (2) The reference in subsection (1)(c) to the application for a protection order is a reference to the application for a protection order the police protection direction is taken to be under section 100ZB(1). (3) The clerk of the court must make arrangements for— (a) the application for the review to be listed for hearing at the earliest opportunity and not later than 14 business days after the day the documents are filed under subsection (1); and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Page 50 Authorised by the Parliamentary Counsel [s 19] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 (b) the persons mentioned in subsection (4)(a) and (b), and the police officer or service legal officer responsible for the matter, to be notified of the date, time and place of the hearing. (4) A police officer must— (a) serve a copy of each of the documents filed under subsection (1) on the applicant; and (b) serve a copy of the application for review and a copy of each of the documents filed under subsection (1) on— (i) each person, other than the applicant, who is entitled under section 100Z to apply for a review of the direction; and (ii) each named person in the direction. (5) Service of a document on a person under subsection (4)— (a) if an address for service for the person is known—may be made in any way; or (b) otherwise—must be made personally by a police officer. (6) Failure to comply with subsection (4) or (5) does not invalidate or otherwise affect the application for review of the police protection direction. 100ZB Police protection direction taken to be application for protection order (1) If the police commissioner files documents for a police protection direction under section 100ZA(1)— (a) the police protection direction is taken to be an application for a protection order; and (b) the police officer who issued the direction is taken to be the applicant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

Page 51 Authorised by the Parliamentary Counsel [s 19] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 (2) If the application for a review of the police protection direction is made by the respondent to the direction and the application seeks a protection order against the aggrieved in favour of the respondent— (a) the application by the respondent is taken to be an application for a protection order against the aggrieved; and (b) for applying part 3, division 1A— (i) the application for a protection order taken to have been made by the police officer is taken to be an original application under section 41A(1)(a); and (ii) the application for a protection order taken to have been made by the respondent is taken to be a cross application under section 41A(1)(b). Note— See sections 41C and 41G in relation to the court hearing and deciding the original application and cross application together. 100ZC Effect of application (1) The making of an application under section 100Z, or the filing of documents under section 100ZA, relating to a police protection direction does not affect the operation of the direction or prevent the taking of any action to implement the direction. (2) Subsection (3) applies if— (a) a review of a decision to issue a police protection direction has started, but not been finally dealt with, under subdivision 4; and (b) an application relating to the police protection direction is made under section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Page 52 Authorised by the Parliamentary Counsel [s 19] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 100Z and a copy of the application is given to the police commissioner under section 100Z(3). (3) The review under subdivision 4 must be discontinued. 100ZD Decision of court about police protection direction (1) Part 3 applies to the court hearing and deciding an application for a protection order taken to have been made under section 100ZB in relation to a police protection direction. (2) However, in addition to the orders the court may make under part 3 in relation to the application, the court may also make— (a) an order setting aside the police protection direction; or (b) a decision to dismiss the application. (3) If the court makes an order setting aside the police protection direction— (a) the direction is taken never to have been issued; and (b) the direction does not form part of the respondent’s domestic violence history; and (c) despite paragraphs (a) and (b), a proceeding may be started or continued against the respondent for an offence, committed before the direction was set aside, against section 177A. (4) If the court decides to dismiss the application— (a) the police protection direction continues unaffected by the application under section 100Z; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

Page 53 Authorised by the Parliamentary Counsel [s 20] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 (b) another application under section 100Z by the same applicant may be made in relation to the police protection direction only with the leave of the court. 20 Amendment of s 134 (Application of division) Section 134(a)(iii) and (b), before ‘police protection notice’— insert— police protection direction or 21 Amendment of s 134A (Power to give direction) (1) Section 134A(1)(d), (e) and (f), before ‘police protection notice’— insert— police protection direction or (2) Section 134A(1)(d), (e) and (f), ‘the notice’— omit, insert— the direction or notice 22 Amendment of s 134E (Responsibilities of police officer in relation to direction) (1) Section 134E(2), before ‘or police protection notice’— insert— , police protection direction (2) Section 134E(2), ‘the order or notice’— omit, insert— the order, direction or notice 1 2 3 4 Clause 5 6 7 8 Clause 9 10 11 12 13 14 15 16 Clause 17 18 19 20 21 22 23 24

Page 54 Authorised by the Parliamentary Counsel [s 23] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 23 Amendment of s 134F (Offence to contravene direction) Section 134F(2)(a), after ‘domestic violence order’— insert— , police protection direction 24 Amendment of s 135B (Diversion orders scheme) Section 135B(1), after ‘domestic violence order’— insert— , police protection direction 25 Amendment of s 135C (Eligibility criteria for participation in scheme) Section 135C(1)(a), (b) and (g)(i) and (2)(a), after ‘order’— insert— , police protection direction 26 Amendment of s 135T (Approval of providers and diversion programs) Section 135T(1), from ‘the entity’— omit, insert— the entity— (a) has appropriate experience and qualifications to provide an approved diversion program or counselling under the scheme; and (b) satisfies any other criteria prescribed by regulation. 27 Amendment of s 145 (Evidence) Section 145(1)(b)— Clause 1 2 3 4 Clause 5 6 7 8 Clause 9 10 11 12 13 Clause 14 15 16 17 18 19 20 21 22 23 24 Clause 25 26

Page 55 Authorised by the Parliamentary Counsel [s 28] Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 Part 2 Amendment of Domestic and Family Violence Protection Act 2012 insert— Example of a way a court may consider it appropriate to inform itself— having regard to a recorded statement, within the meaning of the Evidence Act 1977, section 103A, that is made for, and may be used in, a related domestic violence proceeding within the meaning of section 103C of that Act 28 Amendment of s 164 (Who may appeal) Section 164— insert— (e) a decision on an application relating to a police protection direction under part 4, division 1A, subdivision 5 mentioned in section 100ZD(2). 29 Amendment of s 172 (Meaning of local order) Section 172, after ‘domestic violence order,’— insert— police protection direction, 30 Amendment of s 175 (Meaning of properly notified) (1) Section 175(1)— insert— (aa) for a local order that is a police protection direction—the respondent is served with the direction under section 100O or the direction otherwise takes effect under section 100R(1); or Note— A police protection direction takes effect under section 100R(1) when it is served on the respondent or when the 1 2 3 4 5 6 7 8 Clause 9 10 11 12 13 14 15 Clause 16 17 18 19 Clause 20 21 22 23 24 25 26 27 28 29 30