Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 108

108 Police officer must consider accommodation needs

(1) This section applies if—

(a) a police protection notice includes a cool-down condition or ouster condition; and

(b) a police officer serves the notice on the respondent or tells the respondent about the notice as mentioned in section 113 (1) (b) .

(2) The police officer must—

(a) consider the accommodation needs of the respondent; and

(b) take any reasonable steps necessary to ensure the respondent has access to temporary accommodation.

Examples of reasonable steps—

• making, or arranging, telephone enquiries to identify temporary accommodation

• transporting the respondent a short distance to suitable temporary accommodation, for example, a motel or the residence of a family member or friend

(3) If the police officer reasonably believes the respondent is a child, the police officer must—

(a) arrange temporary accommodation for the respondent; and

(b) transport, or arrange for the transport of, the respondent to the accommodation.

(4) To remove any doubt, it is declared that—

(a) the requirement under subsection (2) (b) does not include an obligation for the police officer or the Queensland police service to transport, or arrange for the transport of, the respondent to the accommodation; and

(b) the requirement under subsection (2) (b) or (3) does not include an obligation for the police officer or the Queensland police service to provide accommodation to the respondent free of charge.