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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - As at 1 December 2017 - Act 5 of 2012


TABLE OF PROVISIONS

           Long Title

           Preamble

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Main objects

   3.      Main objects
   4.      Principles for administering Act

           Division 3 - Interpretation

   5.      Dictionary
   6.      Meaning of court

   PART 2 - OPERATION OF ACT

           Division 1 - Preliminary

   7.      Purpose of this part

           Division 2 - Domestic violence

   8.      Meaning of domestic violence
   9.      Meaning of associated domestic violence
   10.     Meaning of exposed to domestic violence
   11.     Meaning of emotional or psychological abuse
   12.     Meaning of economic abuse

           Division 3 - Relevant relationships

   13.     Meaning of relevant relationship
   14.     Meaning of intimate personal relationship
   15.     Meaning of spousal relationship
   16.     Meaning of parent
   17.     Meaning of engagement relationship
   18.     Meaning of couple relationship
   19.     Meaning of family relationship and relative
   20.     Meaning of informal care relationship

           Division 4 - Overview

   21.     Who is an aggrieved and who is a respondent
   22.     Child as aggrieved or respondent
   23.     What orders can a court make to prevent domestic violence
   24.     Who can a domestic violence order protect
   25.     Who can apply for a protection order
   26.     When can a court make a protection order
   27.     When can a court make a temporary protection order
   28.     What are the conditions of a domestic violence order
   29.     What happens if circumstances change after a domestic violence order is made
   30.     What can happen if a respondent does not comply with a domestic violence order
   31.     What is the effect of an order made in another State or New Zealand

   PART 3 - DOMESTIC VIOLENCE ORDERS

           Division 1 - Protection orders

   32.     Application for protection order
   33.     Fixing of date, time and place for hearing
   34.     Service of application
   35.     Copy of application must be given to aggrieved
   36.     Applicant may ask clerk of court for hearing before respondent is served
   37.     When court may make protection order
   38.     Hearing of application—appearance of respondent
   39.     Hearing of application—non-appearance of respondent
   40.     Hearing of application—before respondent is served

           Division 1A - Cross applications

   41.     Definitions for division
   41A.    Application of particular provisions
   41B.    Parties must disclose cross applications
   41C.    Hearing of applications—cross applications before same court
   41D.    Hearing of applications—cross applications before different courts
   41E.    Hearing of applications—unreasonable notice of cross application
   41F.    Hearing of application—existing protection order

           Division 1B - Domestic violence orders in criminal and child protection proceedings

   42.     When court on its own initiative can make or vary order against offender
   43.     When Childrens Court can make or vary order against parent of a child

           Division 2 - Temporary protection orders

   44.     When court may make temporary protection order
   45.     Matters court must be satisfied of
   46.     Standard of evidence
   47.     Temporary protection order when respondent has not been served
   48.     Temporary protection order in relation to application for variation
   49.     Temporary protection order in relation to particular adjourned applications
   50.     Form of temporary protection order

           Division 3 - Consent orders

   51.     Court may make domestic violence order by consent

           Division 4 - Naming persons in domestic violence orders

   52.     Naming relative or associate of aggrieved
   53.     Naming child
   54.     When court must consider naming child
   55.     Power of court to obtain information about child

           Division 5 - Conditions of domestic violence orders

   56.     Domestic violence order must include standard conditions
   57.     Court may impose other conditions
   58.     Conditions relating to behaviour of respondent
   59.     Conditions relating to recovery of personal property
   60.     Contact by lawyer not prohibited
   61.     Contact by victim advocate not prohibited
   62.     Condition limiting contact between parent and child
   63.     Ouster condition
   64.     Ouster condition relating to aggrieved’s usual place of residence
   65.     Return condition
   66.     Supervision by police officer of ouster condition or return condition
   67.     Condition for protection of unborn child

           Division 6 - Intervention orders

   68.     Definition for div 6
   69.     Court may make intervention order
   70.     Intervention order to be explained
   71.     Respondent to agree to making or amending of intervention order
   72.     Assessment of suitability of respondent
   73.     Contravention of intervention order
   74.     Notice of completion
   75.     Approval of providers and intervention programs

           Division 7 - Relationship between domestic violence orders and family law orders

   76.     (Repealed)
   77.     Applicant must disclose family law order
   78.     Court must consider family law order

           Division 8 - Weapons
           Note—

   79.     Definition for div 8
   80.     Court must consider matters relating to weapons
   81.     Condition relating to thing used as a weapon
   82.     Domestic violence order must include information about weapons
   83.     No exemption under Weapons Act

           Division 9 - Explanation of domestic violence orders

   84.     Court to ensure respondent and aggrieved understand domestic violence order
   85.     Domestic violence order to include written explanation

           Division 10 - Variation of domestic violence orders

   86.     Application for variation
   87.     Fixing of date, time and place for hearing
   88.     Service of application
   89.     Copy of application must be given to aggrieved
   90.     Particular applicants may ask clerk of court for hearing before respondent is served
   91.     When court can vary domestic violence order
   92.     Considerations of court when variation may adversely affect aggrieved or named person
   93.     Hearing of application—appearance of respondent
   94.     Hearing of application—non-appearance of respondent
   95.     Police commissioner to be given copy of application for variation

           Division 11 - Duration of domestic violence orders

   96.     Start of domestic violence order
   97.     End of protection order
   98.     End of temporary protection order
   99.     When variation of domestic violence order takes effect

   PART 4 - POLICE FUNCTIONS AND POWERS

           Division 1 - Investigatory function

   100.    Police officer must investigate domestic violence

           Division 2 - Power to issue police protection notice

   101.    Police officer may issue police protection notice
   101A.   When police officer must issue police protection notice
   101B.   Naming persons in police protection notice
   102.    Approval of supervising police officer required
   103.    Cross-notice not permitted
   104.    Contact details and address for service
   105.    Form of police protection notice
   106.    Standard conditions
   106A.   Other conditions
   107.    Cool-down condition
   107A.   No-contact condition
   107B.   Ouster condition
   107C.   Return condition
   107D.   Relationship between police protection notice and family law order
   108.    Police officer must consider accommodation needs
   109.    Service of notice on respondent
   109A.   Giving copy of notice to aggrieved
   110.    Explanation
   111.    Filing
   112.    Police protection notice taken to be application for protection order
   113.    Duration
   114.    Existing domestic violence order

           Division 3 - Power to take person into custody

   115.    Definition for div 3
   116.    Police officer may take person into custody
   117.    Person must be taken to holding cell or watch-house
   118.    Police officer must apply for protection order
   119.    Detention period limited
   120.    Person not to be questioned about offence
   121.    Police officer may apply for extension of detention period
   122.    When detention period may be extended
   123.    Extended detention period limited to 8 hours
   124.    Release of person from custody
   125.    When police officer must release person on conditions
   126.    Particular safeguards for detention of child
   127.    When person may be taken to place for treatment
   128.    When intoxicated person may be taken to place of safety

           Division 4 - Power to apply for urgent temporary protection order

   129.    When police officer may apply for temporary protection order
   130.    Making of application
   131.    When magistrate may make temporary protection order
   132.    Form of temporary protection order
   133.    Service

           Division 5 - Power to direct person to remain, or move to and remain, at place

   134.    Application of division
   134A.   Power to give direction
   134B.   Limits on direction
   134C.   Offence warning
   134D.   Person not to be questioned about offence
   134E.   Responsibilities of police officer in relation to direction
   134F.   Offence to contravene direction

           Division 6 - Acting in aid of police powers

   135.    Acting in aid of police powers

   PART 5 - COURT PROCEEDINGS

           Division 1 - Jurisdiction

   136.    Conferral of jurisdiction
   137.    Constitution of Magistrates Court
   138.    Concurrent criminal proceeding
   139.    Tenancy application may be made in Magistrates Court
   140.    Tenancy application may be removed to Magistrates Court
   141.    Procedures applicable to tenancy applications before Magistrates Court

           Division 2 - Practice and procedure

   142.    Procedure for proceeding under this Act
   143.    Application of usual laws where necessary
   144.    Directions
   145.    Evidence
   146.    Right of appearance and representation
   147.    Representation of aggrieved
   148.    Child can not be compelled to give evidence
   149.    Child must be allowed to obtain legal representation
   150.    Protected witnesses
   151.    Restriction on cross-examination in person
   152.    Special witnesses
   153.    Electronic documents

           Division 3 - Other powers of court

   154.    Court may issue subpoena
   155.    Power of court if failure to cooperate under subpoena
   156.    Provisions concerning warrants
   157.    Costs

           Division 4 - Confidentiality

   158.    Court to be closed
   159.    Prohibition on publication of certain information for proceeding
   160.    Prohibition on obtaining copies of documents for proceeding
   161.    Research
   162.    Notification of police commissioner
   163.    Notification of public guardian

           Division 5 - Appeals

   164.    Who may appeal
   165.    How to start appeal
   166.    Effect of appeal on decision
   167.    Police commissioner has right of appearance
   168.    Hearing procedures
   169.    Powers of appellate court

   PART 5A - INFORMATION SHARING

           Division 1 - Preliminary

   169A.   Purpose of part
   169B.   Principles for sharing information
   169C.   Definitions for part

           Division 2 - Information sharing

   169D.   Sharing information for assessing domestic violence threat
   169E.   Sharing information for responding to serious domestic violence threat
   169F.   Police officer may refer person to specialist DFV service provider
   169G.   Permitted uses of shared information
   169H.   Who may give or receive information on behalf of entity
   169I.   Facts or opinion may be shared
   169J.   Limits on information that may be shared

           Division 3 - Confidentiality of shared information

   169K.   Confidentiality of information obtained under this part
   169L.   Police use of confidential information

           Division 4 - Guidelines for sharing and dealing with information

   169M.   Chief executive must make guidelines

           Division 5 - Protection from liability for giving information

   169N.   Protection from liability for giving information
   169O.   Interaction with other laws

   PART 6 - NATIONAL RECOGNITION OF DOMESTIC VIOLENCE ORDERS
   Note—

           Division 1 - Preliminary

   170.    Object of part
   171.    Definitions for part
   172.    Meaning of local order
   173.    Meaning of interstate order
   174.    Meaning of registered foreign order
           175 . Meaning of properly notified
           176 . Special provisions for registered foreign orders

           Division 2 - National recognition of DVOs

              Subdivision 1 - General principles

           176A . Interstate and foreign DVOs are recognised interstate orders
           176B . Recognised interstate order prevails over earlier comparable DVOs
           176C . Making of new orders

              Subdivision 2 - Enforcement of recognised interstate orders

           176D . Recognised interstate order may be enforced
           176E . Penalty for contravention
           176F . Licences, permits and other authorisations
           176G . Orders for costs

           Division 3 - Variation and revocation of recognised interstate orders
           Note—

           176H . Power of court to vary recognised interstate orders
           176I . Application for variation of recognised interstate order
           176J . Decision about hearing of application
           176K . When recognised interstate order is taken to be revoked

           Division 4 - Registration, and variation and revocation of registration, of New Zealand orders

           176L . Application to register New Zealand order in Queensland
           176M . Clerk of court to obtain copies of order and proof of service
           176N . Registration of New Zealand order
           176O . Duty of clerk of court after order is registered
           176P . Variation or revocation of registered New Zealand order
           176Q . Applicant need not notify respondent to New Zealand order

           Division 5 - Exchange of information

           176R . Obtaining information about interstate orders
           176S . Clerk of court must provide DVO information
           176T . Information to be provided to law enforcement agencies

           Division 6 - Miscellaneous

           176U . Certificate evidence—notification

   PART 7 - OFFENCES

   177.    Contravention of domestic violence order
   178.    Contravention of police protection notice
   179.    Contravention of release conditions
   180.    Aggrieved or named person not guilty of offence
   181.    Prosecution of offences
   182.    When proceeding for offence to be heard summarily may be started

   PART 8 - GENERAL

           Division 1 - Service

   183.    Service allowed on all days
   184.    Service of order on respondent
   185.    Court to give domestic violence order to other persons
   186.    Court to give intervention order to aggrieved
   187.    Court to give notice of adjournment to absent respondent
   188.    Giving of document to child

           Division 2 - Miscellaneous provisions

   189.    Evidentiary provision
   190.    Protection from liability
   191.    Approved forms
   192.    Review of Act
   193.    Regulation-making power

   PART 9 - REPEAL PROVISION

   194.    Repeal

   PART 10 - TRANSITIONAL PROVISIONS

           Division 1 - Transitional provisions for Act No. 5 of 2012

   195.    Definitions for division
   196.    Domestic violence order to continue to have effect
   197.    Application for protection order
   198.    Domestic violence committed before commencement
   199.    Offences committed before commencement
   200.    Child protection proceedings started before commencement
   201.    Adjournment of matter of making protection order by court on its own initiative
   202.    Summons to attend
   203.    Application to register interstate order
   204.    Registered interstate order to continue to have effect
   205.    Application for variation of domestic violence order
   206.    Application for revocation of domestic violence order
   207.    Application by police for temporary protection order
   208.    Service and other things done in relation to continued applications
   209.    Appeal
   210.    Person taken into custody
   211.    Restriction on publication of proceedings
   212.    Restriction on obtaining copies of documents
   213.    Information provided to adult guardian
   214.    References to repealed Act

           Division 2 - Transitional provision for Domestic and Family Violence Protection and Another Act Amendment Act 2015

   215.    Application to make or vary domestic violence order

           Division 3 - Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2016

              Subdivision 1 - Preliminary

   216.    Definitions for division

              Subdivision 2 - Transitional provisions for amendment Act, part 2, division 2

   217.    Application to make or vary domestic violence order
           218 . Obligation for domestic violence order to include written explanation
   219.    Duration of existing protection orders
           220 . Existing voluntary intervention orders
   221.    Police protection notices
   222.    Release conditions

              Subdivision 3 - Transitional provisions for national recognition of domestic violence orders scheme
              Note—

   223.    Local orders
   224.    Interstate orders
   225.    Court may declare DVO to be recognised interstate order
   226.    Application for declaration

              Subdivision 4 - Transitional provisions for previous part 6

   227.    Existing registered interstate orders
   228.    Application to register New Zealand order as interstate order
           SCHEDULE - Dictionary


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