Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 189

189 Evidentiary provision

(1) This section applies to any proceeding with the view to giving effect to any provision of this Act.

(2) A document purporting to be a copy of any of the following orders is evidence of the making of the order and the matters contained in the order—

(a) a protection order;

(b) a temporary protection order;

(c) a varied order;

(d) an intervention order.

(3) A certificate signed by the police commissioner and stating any of the following is evidence of what it states—

(a) on a stated day and at a stated time a stated police officer issued a stated police protection notice;

(b) on a stated day and at a stated time a stated police officer was a supervising police officer under section 102 ;

(c) on a stated day and at a stated time a stated supervising police officer approved the issuing of a stated police protection notice;

(d) on a stated day and at a stated time a stated police officer was a releasing police officer under section 101A or 125 ;

(e) on a stated day and at a stated time a stated releasing police officer released a stated person from custody on stated release conditions.

(4) If, in a criminal proceeding, the prosecuting authority intends to rely on a certificate under subsection (3) , it must, at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.

(5) If the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.

(6) If the defendant acts under subsection (5) , the certificate stops being evidence of the matter to be challenged.

(7) In this section—

"hearing day" means the day the hearing of the criminal proceeding starts.