Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 111

111 Filing

(1) If a police officer issues a police protection notice, a copy of the notice must be filed in the local Magistrates Court for the respondent.

(2) Subsection (3) applies if the police protection notice does not state—

(a) the nature of the protection order sought by the application for a protection order; and

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

(3) A statement about the matters mentioned in subsection (2) (a) and (b) must be filed in the local Magistrates Court for the respondent before the earlier of the following—

(a) the date and time stated in the police protection notice for the hearing of the application for the protection order;

(b) the day that is 14 days after the day the notice was issued.

Note—

Section 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.

(4) The statement must be—

(a) made and signed by the police officer who issued the police protection notice; and

(b) served on the respondent—

(i) if the police protection notice has been personally served on the respondent and an address for service for the respondent is known—in any way; or

(ii) otherwise—personally by a police officer.

(5) Subsection (3) does not limit—

(a) the way in which the court may be informed, or inform itself, about the matters mentioned in subsection (2) (a) and (b) ; or

(b) the documents or evidence a party may file or give in the proceeding.

(6) If the local Magistrates Court for the respondent will not be sitting within 28 days after the day the notice is issued, the clerk of the local Magistrates Court for the respondent must make arrangements with the clerk of another Magistrates Court that will be sitting within 28 days after the day the notice is issued for—

(a) the matter of the application for the protection order to be listed for mention in the other Magistrates Court at the earliest opportunity; and

(b) the respondent, and the police officer or service legal officer responsible for the matter, to be notified of the date, time and place of the mention.

(7) The reference in subsection (2) (a) to the application for a protection order is a reference to the application for a protection order the police protection notice is taken to be under section 112 .

(8) To remove any doubt, it is declared that subsection (1) applies whether or not the police protection notice has been served on the respondent.