Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 234

234 Existing applications—considering respondent’s criminal history or domestic violence history

(1) This section applies to proceedings for the following applications, whether or not the proceedings had started before the commencement—

(a) an application for a protection order made but not decided before the commencement;

(b) an application for the variation of a domestic violence order made but not decided before the commencement.

(2) If, in the court’s opinion, the respondent’s criminal history and domestic violence history is relevant to deciding the application, the court may—

(a) ask for the respondent’s criminal history and domestic violence history; and

(b) consider the criminal history and domestic violence history in deciding the application.

(3) If the applicant for the application is not a police officer, the clerk of the court may ask the police commissioner for the criminal history and domestic violence history.

(4) If the court makes a request under subsection (2) (a) , or the clerk makes a request under subsection (3) , the police commissioner must ensure a copy of the respondent’s criminal history and domestic violence history—

(a) is filed in the court before the day and time to which the hearing of the application is adjourned; or

(b) is given to the court when the hearing of the application resumes.

(5) If the respondent does not have a criminal history or domestic violence history, the police commissioner must ensure the court is informed of that fact.

(6) This section applies despite new sections 36A , 37 , 90A and 91 .