Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 84

84 Court to ensure respondent and aggrieved understand domestic violence order

(1) If a court is hearing an application for a domestic violence order, and the aggrieved or the respondent is personally before the court for the first time in relation to the application, the court must ensure that the aggrieved or respondent understands the nature, purpose and legal implications of the proceeding and of any order or ruling made by the court.

(2) If a court is about to make a domestic violence order, and the respondent is before the court, the court must ensure the respondent understands—

(a) the purpose, terms and effect of the proposed order, including, for example, that—

(i) the order may be enforceable in other States and New Zealand without further notice to the respondent; and

(ii) if the respondent has a weapons licence, or is a body’s representative as mentioned in the Weapons Act , section 10 (3) , the licence or endorsement as the body’s representative is dealt with by the Weapons Act , section 27A or 28A ; and

(iii) under the Weapons Act , section 10B , a person against whom a protection order is made can not apply for a weapons licence for a period of 5 years from the date of the order; and

(iv) under section 83 (2) , a person against whom a domestic violence order is made is not exempt from the Weapons Act , despite the Weapons Act , section 2 ; and

(v) the consequences of a domestic violence order, as set out in subparagraphs (ii) to (iv) , can only be avoided if the respondent successfully appeals the domestic violence order; and

(b) the type of behaviour that constitutes domestic violence; and

Note—

See the examples of the type of behaviour that constitutes domestic violence in sections 8 , 11 and 12 , which define the terms
"domestic violence" ,
"emotional or psychological abuse" and
"economic abuse" .

(c) what may follow if the respondent contravenes the proposed order; and

(d) that the respondent may apply for a variation of the order.

(3) If a court is about to make a domestic violence order, and the aggrieved is before the court, the court must ensure the aggrieved understands—

(a) the purpose, terms and effect of the proposed order, including, for example, that the order may be enforceable in other States and New Zealand; and

(b) the type of behaviour that constitutes domestic violence; and

Note—

See the examples of the type of behaviour that constitutes domestic violence in sections 8 , 11 and 12 , which define the terms
"domestic violence" ,
"emotional or psychological abuse" and
"economic abuse" .

(c) what the aggrieved may do, and what may follow, if the respondent contravenes the proposed order; and

(d) that the aggrieved may apply for a variation of the order.

(4) The process that the court adopts to comply with this section may include using services of, or help from, other people to the extent the court considers appropriate.

Examples of services or help the court may consider appropriate—

1 The court may arrange for the clerk, or a public service employee at the court, to explain the order to an aggrieved or respondent.

2 A professional interpreter or the telephone interpreter service (but not a relative or friend of the aggrieved or respondent) may be used to explain the order to an aggrieved or respondent.

3 Explanatory notes prepared for aggrieveds or respondents, including non-English speakers, may be given to an aggrieved or respondent.

4 The court may arrange with a local government indigenous regional council under the Local Government Act 2009 , community justice group or group of elders for someone to explain the order to an aggrieved or respondent.

5 The court may arrange with a non-government service provider for a disability case worker to explain the order to an aggrieved or respondent who has a disability.

(5) Failure to comply with this section does not invalidate or otherwise affect a domestic violence order.