Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 131

131 When magistrate may make temporary protection order

(1) A magistrate to whom an application for a temporary protection order is made may make the order only if the magistrate is satisfied that—

(a) the order may be made under part 3 , division 2 ; and

(b) for an application mentioned in section 129 (1) —the application for the protection order will not be decided sufficiently quickly by a court to protect the aggrieved from domestic violence; and

(c) for an application mentioned in section 129 (2) —the date for the hearing of the application for the protection order is more than 5 business days after the day the person is released.

(2) If the magistrate makes the temporary protection order, the magistrate must—

(a) make a record in writing of the terms of the order and the grounds that caused the magistrate to be satisfied of the matters mentioned in subsection (1) ; and

(b) inform the applicant, by way of telephone, fax, radio, email or other similar facility, of the terms of the order; and

(c) as soon as practicable, give the written record of the application and the terms of the order to the clerk of the Magistrates Court that will hear the application for the protection order that relates to the temporary protection order.

(3) If the magistrate refuses to make the temporary protection order, the magistrate must—

(a) make a record in writing of the reasons for the refusal; and

(b) inform the applicant, by way of telephone, fax, radio, email or other similar facility, of the refusal; and

(c) as soon as is practicable, give the written record of the application and the written reasons for the refusal to the clerk of the Magistrates Court that will hear the application for the protection order.