Queensland Consolidated Regulations

DOMESTIC AND FAMILY VIOLENCE PROTECTION RULES 2014 - REG 18

18 Giving notice of proceeding to named person

(1) This rule applies if a person is to be specifically named in a domestic violence order when it is made, or at a later time if it is varied.

(2) If a DFVP court considers that it is necessary and appropriate, the DFVP court may order that a copy of the DFVP application for the protection order or a variation of the protection order be served on the person.

(3) If the person is a child, the DFVP court must consider the following matters before making an order under subrule (2) —

(a) the age of the child;

(b) the ability of the child to understand the DFVP application;

(c) whether the court has dispensed with the requirement to give a copy of the DFVP application to a parent of the child under the DFVP Act , section 188 (3) ;

(d) whether service of the copy of the DFVP application is in the best interests of the child;

(e) whether the child is already aware of the proceeding or the circumstances giving rise to the proceeding.

(4) If an order is made, the clerk of the DFVP court must—

(a) serve a copy of the DFVP application on—

(i) if the person is a child—the child in accordance with the DFVP Act , section 188 ; or

(ii) otherwise—the person; and

(b) inform the person that the person may be specifically named in the domestic violence order; and

(c) inform the person that the DFVP court may inform itself in any way it considers appropriate in a proceeding under the DFVP Act , section 145 .