Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 25

25 Who can apply for a protection order

(1) An application for a protection order can be made only by—

(a) an aggrieved; or

(b) an authorised person for an aggrieved; or

(c) a police officer under section 100 (2) (a) ; or

(d) a person acting under another Act for the aggrieved.

Examples of persons acting under another Act—

• a guardian for a personal matter of the aggrieved under the Guardianship and Administration Act 2000

• an attorney for a personal matter of the aggrieved under an enduring power of attorney under the Powers of Attorney Act 1998

(2) An
"authorised person" for an aggrieved means—

(a) an adult authorised in writing by the aggrieved to appear on behalf of the aggrieved; or

(b) an adult whom the court believes is authorised by the aggrieved to appear on behalf of the aggrieved even though the authority is not in writing.

Example for paragraph (b)—

A 19-year-old man has a physical disability that results in him not being able to sign an authority. He alleges his uncle has threatened physical harm to him. The man orally authorises his grandfather to apply for a protection order against the uncle. The court may believe the grandfather is authorised to appear on behalf of the man after hearing evidence about the authorisation.

(3) A person who may make an application for a protection order under subsection (1) may make other applications or bring other proceedings under this Act in relation to a domestic violence order made because of the application for the protection order.