Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 51

51 Court may make or vary domestic violence order by consent

(1) If the parties to a proceeding for a domestic violence order, or a variation of a domestic violence order, consent to the making of the order, or do not oppose the making of the order, the court may make the order—

(a) if the court is satisfied that a relevant relationship exists between the aggrieved and the respondent; and

(b) without being satisfied as to any matter mentioned in—

(i) for a proceeding for a protection order†” section 37 (1) (b) or (c) ; or

(ii) for a proceeding for a temporary protection order†” section 45 (1) (b) ; and

(c) whether or not the respondent admits to any or all of the particulars of the application.

(2) However, if the respondent is a child the court may make the order only if the court is satisfied as to the matters mentioned in—

(a) for a proceeding for a protection order†” section 37 ; or

(b) for a proceeding for a temporary protection order†” section 45 .

(3) Also, subject to subsection (4) , if a police officer, or authorised person for the aggrieved, is acting on behalf of the aggrieved in the proceeding, the court may make the order only if the court is satisfied that the aggrieved consents to the making of the order.

(4) The consent of the aggrieved is not required under subsection (3) if—

(a) a police officer is acting on behalf of the aggrieved in the proceeding; and

(b) the aggrieved is not present in court and can not, after all reasonable enquiries, be contacted to give the consent; and

(c) the police officer reasonably believes that the order promotes the safety, protection and wellbeing of the aggrieved, any named person, and any child affected by the order.

(5) Before deciding whether to make or vary a domestic violence order under this section, the court may—

(a) conduct a hearing in relation to the particulars of the application if, in the court’s opinion, it is in the interests of justice to do so; and

(b) consider the respondent’s criminal history and domestic violence history if, in the court’s opinion, it is relevant to do so.

Note—

The police commissioner is required to ensure a copy of the respondent’s criminal history and domestic violence history is filed in or given to the court. See sections 36A and 90A .

(6) The court may refuse to make or vary a domestic violence order under this section if the court believes the making or variation of the order may pose a risk to the safety of an aggrieved, any named person, or any child affected by the order.

(7) To remove any doubt, it is declared that sections 54 , 56 and 84 continue to apply in relation to a proceeding under this section.