Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 110

110 Explanation

(1) This section applies if a police officer—

(a) serves a police protection notice on a respondent; or

(b) tells a respondent about a police protection notice as mentioned in section 113 (1) (b) ; or

(c) gives a copy of a police protection notice to an aggrieved; or

(d) gives a copy of a police protection notice to a parent of a child, as required under section 188 .

(2) The police officer must—

(a) explain to the person—

(i) the police protection notice; and

(ii) the grounds on which the police officer who issued the notice reasonably believed that domestic violence has been committed; and

(iii) the reasons the police officer who issued the notice imposed the conditions of the notice; and

(b) take reasonable steps to ensure the person understands the nature and consequences of the notice.

(3) Without limiting subsection (2) , the police officer must explain—

(a) the purpose and effect of the notice, including, for example, that—

(i) the notice may be enforceable in other States and New Zealand without further notice to the respondent; and

(ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and

(iii) under section 83 (2) , a person against whom a police protection notice is issued is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and

(b) the duration of the notice; and

(c) the conditions of the notice, including the behaviour the respondent is prohibited from engaging in under the conditions; and

(d) the type of behaviour that constitutes domestic violence; and

Note—

See the examples of the type of behaviour that constitutes domestic violence in sections 8 , 11 and 12 , which define the terms
"domestic violence" ,
"emotional or psychological abuse" and
"economic abuse" .

(e) the consequences of the respondent contravening the notice; and

(f) that the aggrieved cannot consent to the respondent contravening the notice; and

(g) that the notice is taken to be an application for a protection order made by a police officer; and

(h) that the hearing of the application for the protection order will be heard at the local Magistrates Court for the respondent at the date and time stated in the notice; and

(i) the right of the respondent or aggrieved to obtain legal advice before attending court; and

(j) any other matter prescribed under a regulation.

(4) Failure to comply with this section does not invalidate or otherwise affect a police protection notice.