Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 105

105 Form of police protection notice

(1) A police protection notice issued by a police officer must—

(a) be in the form approved by the police commissioner; and

(b) state the police officer’s name, rank, registered number, if any, and station; and

(c) state the name, contact details, if any, and address for service, if any, of the respondent; and

(d) state the name of the aggrieved and any named person; and

(e) state the type of relevant relationship that the police officer reasonably believes exists between the respondent and the aggrieved; and

(f) state that the police officer is satisfied the grounds for issuing a police protection notice under section 101 or 101A have been met; and

(g) state the standard conditions mentioned in section 106 ; and

(h) state any condition imposed under section 106A , including, for a cool-down condition, the date and time when the condition ends; and

(i) advise the respondent that, under section 112 , the notice is taken to be an application for a protection order made by a police officer; and

(j) state the date and time for the hearing of the application for the protection order at the local Magistrates Court for the respondent; and

(k) state that, if the respondent fails to appear before the court, the local Magistrates Court for the respondent may—

(i) make a domestic violence order against the respondent in the respondent’s absence; or

(ii) adjourn the matter and may, in the meantime, make a temporary protection order under part 3 , division 2 ; or

(iii) order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court; and

(l) if the date mentioned in paragraph (j) is more than 28 days after the day the notice is issued, advise the respondent that—

(i) the matter of the application for the protection order will be mentioned in another Magistrates Court within 28 days after the day the police protection notice is issued; and

(ii) the other Magistrates Court will notify the respondent of the date, time and place of the mention; and

(iii) the respondent may participate in the mention by attending the other Magistrates Court in person or by audio visual link or audio link; and

(iv) the other Magistrates Court may, under part 3 , division 2 , make a temporary protection order at the mention whether or not the respondent participates in the mention; and

(m) be signed by the police officer.

(2) For subsection (1) (j) , the date must be—

(a) if the local Magistrates Court for the respondent sits at least once a week—within 5 business days after the notice is issued; or

(b) otherwise—the next sitting date of the local Magistrates Court for the respondent.

(3) A police protection notice may also state—

(a) the nature of the protection order sought by the application for a protection order mentioned in subsection (1) (i) ; and

(b) the grounds on which the order is sought.