Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 106A

106A Other conditions

(1) A police protection notice may include any or all of the following conditions—

(a) a cool-down condition;

(b) a no-contact condition;

(c) an ouster condition;

(d) if the notice includes an ouster condition—a return condition.

(2) The police officer issuing the police protection notice may impose a condition mentioned in subsection (1) if—

(a) the police officer reasonably believes the condition is necessary or desirable to—

(i) protect the aggrieved from domestic violence; or

(ii) protect a named person from associated domestic violence; or

(iii) protect a named person who is a child from being exposed to domestic violence committed by the respondent; and

(b) for an ouster condition in relation to the aggrieved’s usual place of residence—the police officer has considered the matters mentioned in section 64 (1) (a) to (h) and (2) ; and

(c) for an ouster condition—the police officer has considered imposing a return condition; and

(d) the supervising police officer who approves, under section 102 , the issuing of the notice including the condition is—

(i) for a cool-down condition—of at least the rank of sergeant; or

(ii) for an ouster condition or no-contact condition—of at least the rank of senior sergeant.

(3) To remove any doubt, it is declared that the premises that may be stated in a cool-down condition or ouster condition include—

(a) premises in which the respondent has a legal or equitable interest; and

(b) premises where the aggrieved and respondent live together or have previously lived together; and

(c) premises where the aggrieved or a named person lives, works or frequents.