Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 65

65 Return condition

(1) If the court imposes an ouster condition on a respondent, the court must consider imposing another condition (a
"return condition" ) allowing the respondent—

(a) if the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or

(b) if the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.

(2) However, a return condition may not allow a respondent to recover or remove personal property that is required to meet the daily needs of any person who continues to live in the premises stated in the ouster condition.

Examples of personal property required to meet daily needs—

household furniture, kitchen appliances

(3) If the court imposes a return condition, and does not order that the matters relating to the condition be supervised by a police officer, the court must state in the domestic violence order—

(a) if the respondent is present in court when the order is made—

(i) the time at which, without contravening the order, the respondent may return to the premises and then must leave the premises; or

(ii) for how long the respondent may, without contravening the order, continue to remain at the premises; or

(b) if the respondent is not present in court when the order is made—

(i) the time at which, without contravening the order, the respondent may return to the premises and must leave the premises based on the time of service of the order on the respondent; or

(ii) for how long the respondent may, without contravening the order, remain at the premises based on the time of service of the order on the respondent.

Example of condition for paragraph (b)(i)—

The respondent may, without contravening the order, return to the premises at noon on the day after the day the order is served on the respondent by a police officer. If the respondent returns to the premises under the order, the respondent must leave the premises no later than 2p.m. on the same day.

(4) In deciding the time mentioned in subsection (3) (a) (i) or (b)(i), the court must have regard to any expressed wishes of the aggrieved.