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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SCHEDULE
SCHEDULE Dictionary
"adult guardian" ...
"aggrieved" see section 21 (1) .
"appellate court" means—
(a) for a decision made by the Magistrates Court,
or the Childrens Court constituted by a Childrens Court magistrate or a
magistrate—the District Court; or
(b) for a decision made by the District
Court, the Supreme Court, or the Childrens Court constituted by a District
Court judge—the Court of Appeal.
"approved form" means a form approved under section 191 .
"approved intervention program" means a program approved by the chief
executive under section 75 (2) .
"approved provider" means an entity approved by the chief executive under
section 75 (1) .
"approved research" means research approved by— (a) a human research ethics
committee under the Public Health Act 2005 ; or
(b) an ethics committee
established by a university and concerned, wholly or partly, with research
involving humans; or
(c) an ethics committee established by the National
Health and Medical Research Council.
"associate" , of an aggrieved, see section 24 (3) .
"associated domestic violence" see section 9 .
"audio link" see the Evidence Act 1977 , section 39C .
"audio visual link" see the Evidence Act 1977 , schedule 3 .
"authorised person" , for an aggrieved, see section 25 (2) .
"caravan" includes a trailer.
"chief executive (child protection)" means the chief executive of the
department in which the Child Protection Act 1999 is administered.
"chief executive (magistrates court)" means the chief executive of the
department in which the Magistrates Courts Act 1921 is administered.
"child" — (a) of an aggrieved, means a child who is— (i) a biological,
adopted, or step child of the aggrieved; or
(ii) in the care or custody of
the aggrieved; or
(b) of a respondent, means a child who is— (i) a
biological, adopted, or step child of the respondent; or
(ii) in the care or
custody of the respondent.
"child protection proceeding" means a proceeding under the
Child Protection Act 1999 .
"Childrens Court" means the Childrens Court under the Childrens Court Act 1992
.
"Childrens Court magistrate" means a Childrens Court magistrate under the
Childrens Court Act 1992 .
"child who usually lives with the aggrieved" see section 24 (2) .
"clerk" , of a court, means— (a) if the court is a Magistrates Court—a
clerk of the Magistrates Court; or
(b) if the court is the Childrens
Court—the person who, under the Childrens Court Act 1992 , holds the same
position as a clerk of the Magistrates Court, or clerk of the District Court,
at which the relevant matter is dealt with; or
(c) if the court is the
District Court—a registrar under the District Court of Queensland Act 1967 ;
or
(d) if the court is the Court of Appeal—a registrar under the
Supreme Court of Queensland Act 1991 .
"commencement" , for part 10 , division 1 , see section 195 .
"consent" means consent freely and voluntarily given by a person with capacity
to give the consent.
"contact details" , for a person, means any or all of the following— (a) the
person’s telephone number;
(b) the person’s email address;
(c) the
address of the person’s place of residence;
(d) the address of the
person’s place of work.
"cool-down condition" see section 107 (1) .
"corresponding law" , for part 6 , see section 171 .
"counselling" , for part 3 , division 6 , see section 68 .
"couple relationship" see section 18 .
"court" see section 6 .
"criminal history" , of a person, means a document that states each conviction
of, or charge made against, the person for an offence in Queensland or
elsewhere, regardless of when the conviction or charge, or acts or omissions
constituting the offence or alleged offence, happened.
"cross application" , for part 3 , division 1A , see section 41A (1) (b) , (2)
(d) (ii) and (3) (c) .
"damage" , to property, includes destruction or loss of the property.
"detention period" , for part 4 , division 3 , see section 119 (3) .
"district" means a district appointed under the Justices Act 1886 for the
purposes of a Magistrates Court.
"domestic violence" see section 8 .
"domestic violence history" , of a person, means a document that states each
of the following orders made, or notices issued, against the person,
regardless of when the order was made or notice issued— (a) a
domestic violence order;
(b) a police protection notice;
(c) a
domestic violence order under the repealed Domestic and Family Violence
Protection Act 1989 ;
(d) an interstate order;
(e) an order that corresponds
to an interstate order made under a repealed law of another State;
(f) a New
Zealand order.
"domestic violence offence" means— (a) a domestic violence offence within
the meaning of the Criminal Code , section 1 ; or
(b) an offence under part 7
.
"domestic violence order" see section 23 (2) .
"DVO" , for part 6 , see section 171 .
"economic abuse" see section 12 .
"emotional or psychological abuse" see section 11 .
"engagement relationship" see section 17 .
"exposed" , to domestic violence, see section 10 .
"family law order" means either of the following that relates to a child of a
respondent or an aggrieved— (a) an order, injunction, undertaking, plan or
recognisance mentioned in the Family Law Act 1975 (Cwlth) , section 68R ;
(b)
an order, injunction, undertaking, plan or bond mentioned in the
Family Court Act 1997 (WA) , section 176 .
"family relationship" see section 19 (1) .
"final order" , for part 6 , see section 171 .
"GPS" means global positioning system.
"informal care relationship" see section 20 .
"information" , for part 5A , see section 169C .
"interim order" , for part 6 , see section 171 .
"interstate law enforcement agency" , for part 6 , see section 171 .
"interstate order" see section 173 .
"intervention order" see section 69 (1) .
"intimate personal relationship" see section 14 .
"intoxicated" means intoxicated by drugs or alcohol or by any other means.
"issuing authority" , for part 6 , see section 171 .
"justice" means a justice of the peace, but does not include a justice of the
peace (commissioner for declarations) under the Justices of the Peace and
Commissioners for Declarations Act 1991 .
"local Magistrates Court" means— (a) for a respondent named in a police
protection notice—a Magistrates Court within the district where the police
protection notice was issued against the respondent; or
(b) for a respondent
named in an application for a protection order prepared by a police officer
under section 118 (1) —a Magistrates Court within the district where the
respondent was taken into custody under section 116 .
"local order" , for part 6 , see section 172 .
"make" , for part 6 , see section 171 .
"most senior officer on duty" , at a police station or police establishment,
means the officer present at the station or establishment— (a) who is most
senior by rank; or
(b) if there is no officer who is most senior by
rank—who is most senior by length of continuous service as an officer.
"named person" — (a) in relation to a domestic violence order, see
section 24 (6) ; or
(b) in relation to a police protection notice, see
section 101B (2).
"New Zealand order" see section 171 .
"no-contact condition" see section 107A (1) .
"offence involving domestic violence" ...
"original application" , for part 3 , division 1A , see section 41A (1) (a)
and (2) (d) (i) .
"original protection order" , for part 3 , division 1A , see section 41A (3)
(a) .
"ouster condition" — (a) in relation to a domestic violence order, see
section 63 ; or
(b) in relation to a police protection notice, see
section 107B .
"parent" , of a child, see section 16 .
"participating jurisdiction" , for part 6 , see section 171 .
"person most in need of protection" , in a relevant relationship, see
section 22A .
"police commissioner" ...
"police establishment" means a police establishment under the
Police Service Administration Act 1990 .
"police prosecutor" means a police officer or service legal officer whose
duties include acting or appearing for the prosecution in a proceeding.
"police protection notice" see sections 101 (1) and 101A (1) .
"possess" , for part 3 , division 8 , see section 79 .
"premises" includes any, or part of any, of the following (whether a public
place or private property)— (a) an area of land (including a road within the
meaning of the Transport Operations (Road Use Management) Act 1995 );
(b) a
building or structure (whether movable or immovable), including a dwelling
house;
(c) a vehicle, vessel or aircraft;
(d) a caravan or its site, or both
the caravan and site.
"prescribed entity" , for part 5A , see section 169C .
"properly notified" , for part 6 , see section 175 .
"property" , of a person, means— (a) property that the person owns; or
(b)
property that the person does not own, but— (i) is used and enjoyed by the
person; or
(ii) is available for the person’s use or enjoyment; or
(iii)
is in the person’s care or custody; or
(iv) is at the premises at which the
person is living.
"prosecuting authority" means the entity responsible for prosecuting the
criminal proceeding.
"protected person" , for part 6 , see section 171 .
"protected witness" see section 150 (1) .
"protection order" means an order made under section 37 .
"public guardian" means the public guardian under the Public Guardian Act 2014
.
"recognised interstate order" see section 176A (1) .
"registered foreign order" , for part 6 , see section 174 .
"registered interstate order" ...
"registered New Zealand order" , for part 6 , see section 171 .
"registrar" , of an appellate court, means— (a) if the appellate court is
the District Court—a registrar under the
District Court of Queensland Act 1967 ; or
(b) if the appellate court is the
Court of Appeal—a registrar under the Supreme Court of Queensland Act 1991 .
"relative" , of a person, see section 19 (2) to (5) .
"release conditions" see section 125 (2) .
"releasing police officer" , in relation to a person in custody, means— (a)
if the person is in custody at a police station or police establishment—the
most senior officer on duty at the station or establishment; or
(b) if the
person is in custody at a watch-house— (i) the watch-house manager; or
(ii)
another police officer whose duties include performing functions at the
watch-house in relation to persons in custody.
"relevant relationship" see section 13 .
"repealed Act" , for part 10 , division 1 , see section 195 .
"respondent" means— (a) for part 6 , see section 171 ; and
(b)
otherwise—see section 21 (3) .
"return condition" — (a) in relation to a domestic violence order, see
section 65 ; or
(b) in relation to a police protection notice, see
section 107C (1) .
"revoke" , for part 6 , see section 171 .
"send" includes send by post, fax, e-mail or other electronic means.
"service legal officer" see the Police Service Administration Act 1990 ,
section 10.24 (3).
"SMS message" means a text message sent using the mobile phone service known
as the short messaging service.
"specialist DFV service provider" , for part 5A , see section 169C .
"spousal relationship" see section 15 .
"spouse" see section 15 (2) and (3) .
"substituted service order" see section 184A (2) .
"support service provider" , for part 5A , see section 169C .
"temporary protection order" see section 23 (3) .
"variation" , of a domestic violence order or recognised interstate order,
includes— (a) a variation of a condition of the order; and
(b) a variation
of the duration of the order; and
(c) a variation of the persons named in the
order.
"variation application" — (a) for part 3 , division 1A , see section 41A (3)
(b) ; and
(b) for part 6 , see section 176I (1) .
"variation declaration" see section 86 (2) (d) .
"varied order" see section 91 (6) .
"verification declaration" see section 32 (2) (d) .
"voluntary intervention order" ...
"watch-house manager" means a watch-house manager under the
Police Powers and Responsibilities Act 2000 , schedule 6 .
"weapon" means a weapon under the Weapons Act.
"Weapons Act" means the Weapons Act 1990 .
"weapons licence" means a licence under the Weapons Act.
"whereabouts" , of a person, means a place or locality where the person lives,
works, frequents or visits.
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