Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 176J

176J Decision about hearing of application

(1) A court may decide to hear or refuse to hear the variation application.

(2) In deciding whether to hear the variation application the court may consider the following matters—

(a) the State in which the respondent and each protected person under the recognised interstate order usually live or work;

(b) any difficulty a party to the proceedings, other than the applicant, may have in attending the proceedings;

(c) whether there is sufficient information available to the court in relation to the recognised interstate order and the basis on which it was made;

(d) whether proceedings are being taken for an alleged contravention of the recognised interstate order and the State in which those proceedings are being taken;

(e) the practicality of the applicant (if not the respondent under the recognised interstate order) applying for and obtaining a local order against the respondent under the order with similar prohibitions or restrictions;

(f) the impact of the application on children;

(g) any other matters the court considers relevant.

(3) Without limiting the court’s power to refuse to hear a variation application, the court may refuse to hear the application if the court is satisfied—

(a) the circumstances in which the recognised interstate order was made have not materially changed; and

(b) the application is in the nature of an appeal against the recognised interstate order.

(4) For the purpose of exercising its functions under this division, a court may consider any information the court considers relevant about the making or variation of a recognised interstate order that is provided by an issuing authority of any other State.

Note—

Division 5 enables the court to obtain information about DVOs from other States.

(5) A court must refuse to hear a variation application made by the respondent to the recognised interstate order during any period in which, under the law of the State in which the order was made, the respondent is not entitled to apply to vary or revoke the order of that State.

(6) In this section—

"party" , to a proceeding for a variation application, means each of the following—

(a) a protected person under the recognised interstate order; and

(b) the respondent under the recognised interstate order.