Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 43C

43C Requirements of non-contact order

(1) A non-contact order is an order that contains either or both of the following—

(a) a requirement that the offender not contact the victim against whom the offence was committed, or someone who was with the victim when the offence was committed (an
"associate" ), for a stated time;

(b) a requirement that the offender not go to a stated place, or within a stated distance of a stated place, for a stated time.

(2) The time stated in the order must be a period starting when the order is made and ending no later than—

(a) if the offender is sentenced to a term of imprisonment for the offence and the sentence is not suspended—2 years after the day on which the term of imprisonment ends; or

(b) otherwise—2 years after the day on which the order is made.

(3) The court may make the order if satisfied that, unless the order is made, there is an unacceptable risk that the offender would—

(a) injure the victim or associate, including for example by injuring the victim or associate psychologically; or

(b) harass the victim or associate; or

(c) damage the property of the victim or associate; or

(d) act in a way that could reasonably be expected to cause a detriment to the victim or associate, including for example by acting in a way that—

(i) makes the victim or associate fear that he or she may be injured; or

(ii) makes the victim or associate fear that his or her property may be damaged; or

(iii) hinders or stops the victim or associate doing something he or she is lawfully entitled to do; or

(iv) makes the victim or associate do something he or she is lawfully entitled not to do.

Example of subparagraph (iii)—

acting in a way that makes the victim significantly change the way the victim would ordinarily travel to work

Example of subparagraph (iv)—

acting in a way that makes the victim sell a property the victim would not otherwise sell

(4) In considering whether to make the order, the court must have regard to all of the circumstances of the case, including for example—

(a) the terms of any other order relating to the offender and the victim or associate; and

(b) the viability of making the order in circumstances in which contact between the offender and the victim or associate may be unavoidable; and

(c) the offender’s antecedents.

Example of another order under paragraph (a)—

an order under the Family Law Act 1975 (Cwlth)

Example of unavoidable contact under paragraph (b)—

Contact may be unavoidable if the offender and the victim both live in a small remote community.

(5) In this section—

"contact" the victim or associate means—

(a) intentionally initiate contact with the victim or associate in any way, including for example, by phone, mail, fax, email or other technology; or

(b) intentionally follow, loiter near, watch or approach the victim or associate; or

(c) intentionally loiter near, watch, approach or enter a place where the victim or associate lives, works or visits.

"property" of a victim or associate means—

(a) property in which the victim or associate has an interest, whether or not the offender also has an interest in the property; or

(b) property that is otherwise—

(i) in the care or custody of the victim or associate; or

(ii) at the premises where the victim or associate is living.