Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 134A

134A Power to give direction

(1) The police officer may give the person a direction under subsection (2) , (4) or (6) (b) to enable the police officer to—

(a) if the police officer has a copy of the application—serve the person with the application; or

(b) if the police officer has a copy of the order—serve the person with the order; or

(c) if the police officer does not have a copy of the order—arrange for the person to be told about the existence of the order and the conditions imposed by the order; or

(d) if the police officer has a copy of the issued police protection notice—serve the person with the notice and explain the notice to the person; or

(e) if the police officer does not have a copy of the issued police protection notice—arrange for the person to be told about the existence of the notice and the conditions imposed by the notice; or

(f) if the police officer intends to issue a police protection notice to the person—issue the notice against the person, serve the person with the notice and explain the notice to the person.

(2) The police officer may direct the person to remain at an appropriate place in the person’s current location.

(3) Subsection (4) applies if, in the police officer’s opinion, it is contrary to the interests of the person or another person for the person to remain at the person’s current location while the police officer does a thing mentioned in subsection (1) .

(4) The police officer may direct the person to move to another stated location and remain at an appropriate place at the other location.

Examples of locations a police officer may direct a person to move to—

• a police station or police beat

• a courthouse

• the premises of a community organisation that provides support services to respondents

(5) Subsection (6) applies if the police officer gives a direction under subsection (4) and the person is to be transported by a police officer to the other location.

(6) Before the person is transported to the other location, the police officer may—

(a) search the person for anything in the person’s possession that may be used to cause harm to the person or another person; and

Note—

See the Police Powers and Responsibilities Act 2000 , chapter 20 , part 3 for safeguards that apply to a search under this paragraph.

(b) if, during the search, the police officer finds a thing mentioned in paragraph (a) —direct the person to leave the thing at the person’s current location before being transported to the other location; and

(c) if, during the search, the police officer finds a thing the officer reasonably suspects is evidence of the commission of an offence—seize the thing.

(7) A thing seized under subsection (6) (c) is, for the Police Powers and Responsibilities Act 2000 , section 622 , taken to have been seized under that Act.

Note—

See also the Police Powers and Responsibilities Act 2000 , chapter 21 , part 3 .

(8) In giving a direction under subsection (2) , (4) or (6) (b) , the police officer must tell the person the following—

(a) why the person is being given the direction;

(b) if the direction includes a direction to move to another location—

(i) where the other location is; and

(ii) how the person is to move to the other location, including that a police officer will remain in the presence of the person; and

(iii) that the person may be searched before moving to the other location; and

(iv) that the person may be directed to leave, at the person’s current location, anything found in the search that may be used to cause harm to the person or another person; and

(v) that anything found in the search may be seized if the officer reasonably suspects the thing may be evidence of the commission of an offence;

(c) the place, at the person’s current location or the other location, where the person is to remain;

(d) how long the person may be required to remain at the place;

(e) that the person is not under arrest or in custody while complying with the direction.

(9) The police officer giving the direction must also make reasonable efforts to tell the aggrieved the matters mentioned in subsection (8) .

(10) Failure to comply with subsection (9) does not invalidate or otherwise affect the direction.