Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 43D

43D Amending or revoking non-contact order

(1) The following persons may apply, in the approved form, to amend or revoke a non-contact order—

(a) a prosecutor;

(b) the victim named in the order;

(c) any associate named in the order;

(d) the offender.

(2) However, the offender can not apply within 6 months after the order was made.

(3) The application may be made to—

(a) a court of equivalent jurisdiction to the court in which the order was made; or

(b) if the offender is appearing before a court of higher jurisdiction in relation to another offence against the victim or associate—the judge before whom the offender is appearing.

(4) The applicant must give a copy of the application to—

(a) if the applicant is the offender, victim or associate—the prosecuting authority; or

(b) if the applicant is a prosecutor—the offender, the victim and any associate named in the order.

(5) The applicant must give the copy at least 21 days before the day on which the application is to be heard.

(6) For an application made by the offender, victim or associate, the prosecuting authority who received the application under subsection (4) (a) must take all reasonable steps to immediately give a copy of the application to—

(a) if the application is made by the offender—the victim and any associate named in the order; or

(b) if the application is made by the victim—the offender and any associate named in the order; or

(c) if the application is made by the associate—the offender and the victim.

(7) The prosecutor, offender, victim and associate are each entitled to be heard at the hearing of an application.

(8) A court may amend or revoke the order only if satisfied there has been a material change in the circumstances of the offender, the victim or any associate named in the order that justifies the amendment or revocation.

Example of a material change in the victim’s circumstances—

Because of the relocation of the victim’s employer’s workplace, the victim starts working in the building in which the offender works.

(9) In this section—

"prosecuting authority" means—

(a) if the prosecutor who appeared before the court when the non-contact order was made was a police officer—the commissioner of the police service or someone authorised to accept the application on the commissioner’s behalf; or

(b) if the prosecutor who appeared before the court when the non-contact order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the application on the director’s behalf.