Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 64

64 Ouster condition relating to aggrieved’s usual place of residence

(1) In deciding whether to impose an ouster condition on the respondent in relation to the aggrieved’s usual place of residence, the court must consider, in addition to the matters mentioned in section 57 , the following—

(a) whether the aggrieved and any child living with the aggrieved can continue to live safely in the residence if the ouster condition is not made;

(b) any views or wishes expressed by the aggrieved about imposing an ouster condition on the respondent in relation to the aggrieved’s usual place of residence;

(c) the desirability of preventing or minimising disruption to the aggrieved and any child living with the aggrieved, including by minimising disruption to their living arrangements and allowing them to continue, or return, to live in the residence;

(d) the importance of the aggrieved and any child living with the aggrieved being able to maintain social connections and support that may be disrupted or lost if they can not live in the residence;

(e) the need to ensure continuity and stability in the care of any child living with the aggrieved;

(f) the need to allow childcare arrangements, education, training and employment of the aggrieved and any child living with the aggrieved to continue without interruption;

(g) the particular accommodation needs of the aggrieved and any child who may be affected by the ouster condition;

(h) the particular accommodation needs of the respondent.

Examples of particular accommodation needs for paragraphs (g) and (h)—

• accommodation needs that relate to a disability or impairment

• accommodation needs that relate to the number, or age, of the children who require accommodation

(2) The fact that the aggrieved does not express any views or wishes about the condition mentioned in subsection (1) (b) does not of itself give rise to an inference that the aggrieved does not have views or wishes about the condition being imposed.

(3) The court must give reasons for imposing, or not imposing, the condition.