Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 63

Ouster condition

63 Ouster condition

(1) Without limiting section 57 , the court may impose a condition (an
"ouster condition" ) on the respondent that prohibits the respondent from doing all or any of the following in relation to stated premises—
(a) remaining at the premises;
(b) entering or attempting to enter the premises;
(c) approaching within a stated distance of the premises.
Notes—
If an ouster condition is imposed on a respondent who is a tenant, the aggrieved may be able to apply under the Residential Tenancies and Rooming Accommodation Act 2008 , section 245 for an order to be recognised as the tenant instead of the respondent, or under the Residential Tenancies and Rooming Accommodation Act 2008 , section 321 for an order terminating the tenancy.
Sections 139 and 140 allow particular applications made under the Residential Tenancies and Rooming Accommodation Act 2008 to be made to a Magistrates Court, or removed to a Magistrates Court, if an application for a protection order or a variation of a domestic violence order has been made to the court.
(2) To remove any doubt, it is declared that the premises that may be stated in the ouster condition include—
(a) premises in which the respondent has a legal or equitable interest; and
(b) premises where the aggrieved and respondent live together or previously lived together; and
(c) premises where the aggrieved or a named person lives, works or frequents.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback