DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 NO. 5

Queensland Numbered Acts

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

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 NO. 5

TABLE OF PROVISIONS

Long Title

Contents
Part 1--Preliminary
Division 1--Introduction
1. Short title
2. Commencement
Division 2--Main objects
3. Main objects
4. Principles for administering Act
Division 3--Interpretation
5. Dictionary
6. Meaning of court
Part 2--Operation of Act
Division 1--Preliminary
7. Purpose of this part
Division 2--Domestic violence
8. Meaning of domestic violence
9. Meaning of associated domestic violence
10. Meaning of exposed to domestic violence
11. Meaning of emotional or psychological abuse
12. Meaning of economic abuse
Division 3--Relevant relationships
13. Meaning of relevant relationship
14. Meaning of intimate personal relationship
15. Meaning of spousal relationship
16. Meaning of parent
17. Meaning of engagement relationship
18. Meaning of couple relationship
19. Meaning of family relationship and relative
20. Meaning of informal care relationship
Division 4--Overview
21. Who is an aggrieved and who is a respondent
22. Child as aggrieved or respondent
23. What orders can a court make to prevent domestic violence
24. Who can a domestic violence order protect
25. Who can apply for a protection order
26. When can a court make a protection order
27. When can a court make a temporary protection order
28. What are the conditions of a domestic violence order
29. What happens if circumstances change after a domestic violence order is made
30. What can happen if a respondent does not comply with a domestic violence order
31. What is the effect of an interstate order
Part 3--Domestic violence orders
Division 1--Protection orders
32. Application for protection order
33. Fixing of date, time and place for hearing
34. Service of application
35. Copy of application must be given to aggrieved
36. Applicant may ask clerk of court for hearing before respondent is served
37. When court may make protection order
38. Hearing of application—appearance of respondent
39. Hearing of application—non-appearance of respondent
40. Hearing of application—before respondent is served
41. Hearing of cross applications
42. When court on its own initiative can make or vary order against offender
43. When Childrens Court can make or vary order against parent of a child
Division 2--Temporary protection orders
44. When court may make temporary protection order
45. Matters court must be satisfied of
46. Standard of evidence
47. Temporary protection order when respondent has not been served
48. Temporary protection order in relation to application for variation
49. Temporary protection order in relation to cross application
50. Form of temporary protection order
Division 3--Consent orders
51. Court may make domestic violence order by consent
Division 4--Naming persons in domestic violence orders
52. Naming relative or associate of aggrieved
53. Naming child
54. When court must consider naming child
55. Power of court to obtain information about child
Division 5--Conditions of domestic violence orders
56. Domestic violence order must include standard conditions
57. Court may impose other conditions
58. Conditions relating to behaviour of respondent
59. Conditions relating to recovery of personal property
60. Contact by lawyer not prohibited
61. Contact by victim advocate not prohibited
62. Condition limiting contact between parent and child
63. Ouster condition
64. Ouster condition relating to aggrieved's usual place of residence
65. Return condition
66. Supervision by police officer of ouster condition or return condition
67. Condition for protection of unborn child
Division 6--Voluntary intervention orders
68. Definition for div 6
69. Court may make voluntary intervention order
70. Voluntary intervention order to be explained
71. Respondent to agree to making or amending of voluntary intervention order
72. Assessment of suitability of respondent
73. Contravention of voluntary intervention order
74. Notice of completion
75. Approval of providers and intervention programs
Division 7--Relationship between domestic violence orders and family law orders
76. Definition for div 7
77. Applicant must disclose family law order
78. Court may consider family law order
Division 8--Weapons
79. Definition for div 8
80. Court must consider matters relating to weapons
81. Condition relating to thing used as a weapon
82. Domestic violence order must include information about weapons
83. No exemption under Weapons Act
Division 9--Explanation of domestic violence orders
84. Court to ensure respondent and aggrieved understand domestic violence order
85. Domestic violence order to include written explanation
Division 10--Variation of domestic violence orders
86. Application for variation
87. Fixing of date, time and place for hearing
88. Service of application
89. Copy of application must be given to aggrieved
90. Particular applicants may ask clerk of court for hearing before respondent is served
91. When court can vary domestic violence order
92. Considerations of court when variation may adversely affect aggrieved or named person
93. Hearing of application—appearance of respondent
94. Hearing of application—non-appearance of respondent
95. Police commissioner to be given copy of application for variation
Division 11--Duration of domestic violence orders
96. Start of domestic violence order
97. End of protection order
98. End of temporary protection order
99. When variation of domestic violence order takes effect
Part 4--Police functions and powers
Division 1--Investigatory function
100. Police officer must investigate domestic violence
Division 2--Power to issue police protection notice
101. Police officer may issue police protection notice
102. Approval of supervising police officer required
103. Cross-notice not permitted
104. Contact details and address for service
105. Form of police protection notice
106. Standard condition
107. Cool-down condition
108. Police officer must consider accommodation needs
109. Service
110. Explanation
111. Filing
112. Police protection notice taken to be application for protection order
113. Duration
114. Existing domestic violence order
Division 3--Power to take person into custody
115. Definition for div 3
116. Police officer may take person into custody
117. Person must be taken to holding cell or watch-house
118. Police officer must apply for protection order
119. Detention period limited
120. Person not to be questioned about offence
121. Police officer may apply for extension of detention period
122. When detention period may be extended
123. Extended detention period limited to 8 hours
124. Release of person from custody
125. When police officer must release person on conditions
126. Particular safeguards for detention of child
127. When person may be taken to place for treatment
128. When intoxicated person may be taken to place of safety
Division 4--Power to apply for urgent temporary protection order
129. When police officer may apply for temporary protection order
130. Making of application
131. When magistrate may make temporary protection order
132. Form of temporary protection order
133. Service
Division 5--Other police powers
134. Power to direct person to remain at place
135. Acting in aid of police powers
Part 5--Court proceedings
Division 1--Jurisdiction
136. Conferral of jurisdiction
137. Constitution of Magistrates Court
138. Concurrent criminal proceeding
139. Tenancy application may be made in Magistrates Court
140. Tenancy application may be removed to Magistrates Court
141. Procedures applicable to tenancy applications before Magistrates Court
Division 2--Practice and procedure
142. Application of Uniform Civil Procedure Rules 1999
143. Application of usual laws where necessary
144. Directions
145. Evidence
146. Right of appearance and representation
147. Representation of aggrieved
148. Child can not be compelled to give evidence
149. Child must be allowed to obtain legal representation
150. Protected witnesses
151. Restriction on cross-examination in person
152. Special witnesses
153. Electronic documents
Division 3--Other powers of court
154. Court may issue subpoena
155. Power of court if failure to cooperate under subpoena
156. Provisions concerning warrants
157. Costs
Division 4--Confidentiality
158. Court to be closed
159. Prohibition on publication of certain information for proceeding
160. Prohibition on obtaining copies of documents for proceeding
161. Research
162. Notification of police commissioner
163. Notification of adult guardian
Division 5--Appeals
164. Who may appeal
165. How to start appeal
166. Effect of appeal on decision
167. Police commissioner has right of appearance
168. Hearing procedures
169. Powers of appellate court
Part 6--Registration of interstate orders
170. Application to register interstate order in Queensland
171. Clerk of court to obtain copies of order and proof of service
172. Registration of interstate order
173. Duty of clerk of court after order is registered
174. Effect of registration of interstate order
175. Variation or cancellation of registered interstate order
176. Applicant need not notify person against whom interstate order was made
Part 7--Offences
177. Contravention of domestic violence order
178. Contravention of police protection notice
179. Contravention of release conditions
180. Aggrieved or named person not guilty of offence
181. Prosecution of offences
182. When proceeding for offence may start
Part 8--General
Division 1--Service
183. Service allowed on all days
184. Service of order on respondent
185. Court to give domestic violence order to other persons
186. Court to give voluntary intervention order to aggrieved
187. Court to give notice of adjournment to absent respondent
188. Giving of document to child
Division 2--Miscellaneous provisions
189. Evidentiary provision
190. Protection from liability
191. Approved forms
192. Review of Act
193. Regulation-making power
Part 9--Repeal provision
194. Repeal
Part 10--Transitional provisions
195. Definitions for pt 10
196. Domestic violence order to continue to have effect
197. Application for protection order
198. Domestic violence committed before commencement
199. Offences committed before commencement
200. Child protection proceedings started before commencement
201. Adjournment of matter of making protection order by court on its own initiative
202. Summons to attend
203. Application to register interstate order
204. Registered interstate order to continue to have effect
205. Application for variation of domestic violence order
206. Application for revocation of domestic violence order
207. Application by police for temporary protection order
208. Service and other things done in relation to continued applications
209. Appeal
210. Person taken into custody
211. Restriction on publication of proceedings
212. Restriction on obtaining copies of documents
213. Information provided to adult guardian
214. References to repealed Act
Part 11--Amendments
Division 1--Amendment of Criminal Code
215. Code amended
216. Amendment of s 1 (Definitions)
217. Amendment of s 304 (Killing on provocation)
218. Amendment of s 304B (Killing for preservation in an abusive domestic relationship)
Division 2--Amendment of Evidence Act 1977
219. Act amended
220. Amendment of s 21AC (Definitions for div 4A)
221. Amendment of s 132B (Evidence of domestic violence)
Division 3--Amendment of Police Powers and Responsibilities Act 2000
222. Act amended
223. Amendment of ss 40, 41, 378, 605, 609 and 691
224. Amendment of s 365 (Arrest without warrant)
225. Amendment of s 609 (Entry of place to prevent offence, injury or domestic violence)
226. Insertion of new ch 24, pt 12
227. Amendment of sch 6 (Dictionary)
Division 4--Amendment of Police Powers and Responsibilities Regulation 2000
228. Regulation amended
229. Insertion of new s 45A
Part 12--Minor and consequential amendments
230. Legislation amended
SCHEDULE 1 -- LEGISLATION AMENDED
Part 1--Amendment of this Act
Part 2--Amendment of other legislation
SCHEDULE 2 -- DICTIONARY

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback