Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 121

121 Police officer may apply for extension of detention period

(1) If section 119 (3) (b) applies to a person held in custody under this division, a police officer may apply for an order extending the detention period for the person.

(2) The application must be made—

(a) to a magistrate; and

(b) before the detention period for the person ends.

(3) The application must be made in a way that gives the person or the person’s lawyer a reasonable opportunity to prepare and make submissions about the application.

Example—

If the application is faxed to a magistrate, the person may speak to the magistrate by telephone.

(4) Before the application is made, the police officer must—

(a) tell the person or the person’s lawyer of the application; and

(b) give the person a copy of the application; and

(c) ask the person or the person’s lawyer if he or she—

(i) agrees to the application or wants to oppose it; and

(ii) wants to make submissions or say anything to the magistrate hearing the application.

(5) The application must state the following—

(a) the police officer’s name, rank, registered number, if any, and station;

(b) the following information about the person—

(i) the person’s name, age and address;

(ii) whether the person is a child;

(iii) whether the person is an Aboriginal person or Torres Strait Islander;

(iv) whether the person is a person with impaired capacity;

(v) if the person is a child—whether a parent of the child has been advised of the child’s detention;

(c) why further detention of the person is necessary.

(6) The police officer must tell the magistrate—

(a) whether or not the person or the person’s lawyer wants to make submissions or say anything to the magistrate; and

(b) whether there is any factor, including, for example, the intoxication of the person, that may affect the person’s ability to communicate with the magistrate.

(7) The application may be made by phone, fax, radio, email or another similar facility if—

(a) the application is made outside of normal business hours; or

(b) the police officer considers it necessary because of other special circumstances, including, for example, the police officer’s remote location.

(8) An application made in a way mentioned in subsection (7) is taken to be made only when it is brought to the attention of the magistrate.

Example—

If a police officer faxes an application to a magistrate, the application is made only when the magistrate reads the fax or the police officer speaks to the magistrate by telephone to tell the magistrate the fax has been sent.

(9) The magistrate must make a record in writing of the application.

(10) The person, or the person’s lawyer, may make submissions to the magistrate about the application, but not submissions that unduly delay the consideration of the application.

(11) To remove any doubt, it is declared that the application may be made at the same time as any other application under this Act, including, for example, an application for a temporary protection order.