DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012

Queensland Consolidated Acts

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- As at 23 September 2024
- Act 5 of 2012

TABLE OF PROVISIONS

Long Title

Preamble

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement

Division 2 - Main objects

3. Main objects
4. Principles for administering Act

Division 3 - Interpretation

5. Dictionary
6. Meaning of court

PART 2 - OPERATION OF ACT

Division 1 - Preliminary

7. Purpose of this part

Division 2 - Domestic violence

8. Meaning of domestic violence
9. Meaning of associated domestic violence
10. Meaning of exposed to domestic violence
11. Meaning of emotional or psychological abuse
12. Meaning of economic abuse

Division 3 - Relevant relationships

13. Meaning of relevant relationship
14. Meaning of intimate personal relationship
15. Meaning of spousal relationship
16. Meaning of parent
17. Meaning of engagement relationship
18. Meaning of couple relationship
19. Meaning of family relationship and relative
20. Meaning of informal care relationship

Division 4 - Overview

21. Who is an aggrieved and who is a respondent
22. Child as aggrieved or respondent
22A. Who is the person most in need of protection in a relevant relationship
23. What orders can a court make to prevent domestic violence
24. Who can a domestic violence order protect
25. Who can apply for a protection order
26. When can a court make a protection order
27. When can a court make a temporary protection order
28. What are the conditions of a domestic violence order
29. What happens if circumstances change after a domestic violence order is made
30. What can happen if a respondent does not comply with a domestic violence order
31. What is the effect of an order made in another State or New Zealand

PART 3 - DOMESTIC VIOLENCE ORDERS

Division 1 - Protection orders

32. Application for protection order
33. Fixing of date, time and place for hearing
34. Service of application
35. Copy of application must be given to aggrieved
36. Applicant may ask clerk of court for hearing before respondent is served or without giving verification declaration
36A. Court must be given respondent’s criminal history and domestic violence history
37. When court may make protection order
38. Hearing of application—appearance of respondent
39. Hearing of application—non-appearance of respondent
40. Hearing of application—before respondent is served

Division 1A - Cross applications

41. Definitions for division
41A. Application of particular provisions
41B. Parties must disclose cross applications
41C. Hearing of applications—cross applications before same court
41D. Hearing of applications—cross applications before different courts
41E. Hearing of applications—unreasonable notice of cross application
41F. Hearing of application—existing protection order
41G. Deciding cross applications

Division 1B - Domestic violence orders in criminal and child protection proceedings

42. When court on its own initiative can make or vary order against offender
43. When Childrens Court can make or vary order against parent of a child

Division 2 - Temporary protection orders

44. When court may make temporary protection order
45. Matters court must be satisfied of
46. Standard of evidence
47. Temporary protection order when respondent has not been served
47A. Temporary protection order when applicant unable to give declaration
47B. When court must consider making temporary protection order on adjournment
48. Temporary protection order in relation to application for variation
49. Temporary protection order in relation to particular adjourned applications
50. Form of temporary protection order

Division 3 - Consent orders

51. Court may make or vary domestic violence order by consent

Division 4 - Naming persons in domestic violence orders

52. Naming relative or associate of aggrieved
53. Naming child
54. When court must consider naming child
55. Power of court to obtain information about child

Division 5 - Conditions of domestic violence orders

56. Domestic violence order must include standard conditions
57. Court may impose other conditions
58. Conditions relating to behaviour of respondent
59. Conditions relating to recovery of personal property
60. Contact by lawyer not prohibited
61. Contact by victim advocate not prohibited
62. Condition limiting contact between parent and child
63. Ouster condition
64. Ouster condition relating to aggrieved’s usual place of residence
65. Return condition
66. Supervision by police officer of ouster condition or return condition
67. Condition for protection of unborn child

Division 6 - Intervention orders

68. Definition for div 6
69. Court may make intervention order
70. Intervention order to be explained
71. Respondent to agree to making or amending of intervention order
72. Assessment of suitability of respondent
73. Contravention of intervention order
74. Notice of completion
75. Approval of providers and intervention programs

Division 7 - Relationship between domestic violence orders and family law orders

76. (Repealed)
77. Applicant must disclose family law order
78. Court must consider family law order

Division 8 - Weapons
Note—

79. Definition for div 8
80. Court must consider matters relating to weapons
81. Condition relating to thing used as a weapon
82. Domestic violence order must include information about weapons
83. No exemption under Weapons Act

Division 9 - Explanation of domestic violence orders

84. Court to ensure respondent and aggrieved understand domestic violence order
85. Domestic violence order to include written explanation

Division 10 - Variation of domestic violence orders

86. Application for variation
87. Fixing of date, time and place for hearing
88. Service of application
89. Copy of application must be given to aggrieved
90. Particular applicants may ask clerk of court for hearing before respondent is served or without variation declaration
90A. Court must be given respondent’s criminal history and domestic violence history
91. When court can vary domestic violence order
92. Considerations of court when variation may adversely affect aggrieved or named person
93. Hearing of application—appearance of respondent
94. Hearing of application—non-appearance of respondent
95. Police commissioner to be given copy of application for variation

Division 11 - Duration of domestic violence orders

96. Start of domestic violence order
97. End of protection order
98. End of temporary protection order
99. When variation of domestic violence order takes effect

PART 4 - POLICE FUNCTIONS AND POWERS

Division 1 - Investigatory function

100. Police officer must investigate domestic violence

Division 2 - Power to issue police protection notice

101. Police officer may issue police protection notice
101A. When police officer must issue police protection notice
101B. Naming persons in police protection notice
102. Approval of supervising police officer required
103. Cross-notice not permitted
104. Contact details and address for service
105. Form of police protection notice
106. Standard conditions
106A. Other conditions
107. Cool-down condition
107A. No-contact condition
107B. Ouster condition
107C. Return condition
107D. Relationship between police protection notice and family law order
108. Police officer must consider accommodation needs
109. Service of notice on respondent
109A. Giving copy of notice to aggrieved
110. Explanation
111. Filing
112. Police protection notice taken to be application for protection order
113. Duration
114. Existing domestic violence order

Division 3 - Power to take person into custody

115. Definition for div 3
116. Police officer may take person into custody
117. Person must be taken to holding cell or watch-house
118. Police officer must apply for protection order
119. Detention period limited
120. Person not to be questioned about offence
121. Police officer may apply for extension of detention period
122. When detention period may be extended
123. Extended detention period limited to 8 hours
124. Release of person from custody
125. When police officer must release person on conditions
126. Particular safeguards for detention of child
127. When person may be taken to place for treatment
128. When intoxicated person may be taken to place of safety

Division 4 - Power to apply for urgent temporary protection order

129. When police officer may apply for temporary protection order
130. Making of application
131. When magistrate may make temporary protection order
132. Form of temporary protection order
133. Service

Division 5 - Power to direct person to remain, or move to and remain, at place

134. Application of division
134A. Power to give direction
134B. Limits on direction
134C. Offence warning
134D. Person not to be questioned about offence
134E. Responsibilities of police officer in relation to direction
134F. Offence to contravene direction

Division 6 - Acting in aid of police powers

135. Acting in aid of police powers

PART 5 - COURT PROCEEDINGS

Division 1 - Jurisdiction

136. Conferral of jurisdiction
137. Constitution of Magistrates Court
138. Concurrent criminal proceeding
139. Tenancy application may be made in Magistrates Court
140. Tenancy application may be removed to Magistrates Court
141. Procedures applicable to tenancy applications before Magistrates Court

Division 2 - Practice and procedure

142. Procedure for proceeding under this Act
142A. Use of audio visual links or audio links—Magistrates Court
143. Application of usual laws where necessary
144. Directions
145. Evidence
146. Right of appearance and representation
147. Representation of aggrieved
148. Child can not be compelled to give evidence
149. Child must be allowed to obtain legal representation
150. Protected witnesses
151. Restriction on cross-examination in person
152. Special witnesses
153. Electronic documents

Division 3 - Other powers of court

154. Court may issue subpoena
155. Power of court if failure to cooperate under subpoena
156. Provisions concerning warrants
157. Costs

Division 3A - Reopening proceedings

157A. Reopening particular proceedings decided in respondent’s absence
157B. Effect of decision to reopen proceeding
157C. Rehearing reopened proceeding

Division 4 - Confidentiality

158. Court to be closed
159. Prohibition on publication of certain information for proceeding
160. Prohibition on obtaining copies of documents for proceeding
160A. Court may make order about disclosure of, or aggrieved’s access to, respondent’s criminal history or domestic violence history
161. Research
162. Notification of police commissioner
163. Notification of public guardian

Division 5 - Appeals

164. Who may appeal
165. How to start appeal
166. Effect of appeal on decision
167. Police commissioner has right of appearance
168. Hearing procedures
169. Powers of appellate court

PART 5A - INFORMATION SHARING

Division 1 - Preliminary

169A. Purpose of part
169B. Principles for sharing information
169C. Definitions for part

Division 2 - Information sharing

169D. Sharing information for assessing domestic violence threat
169E. Sharing information for responding to serious domestic violence threat
169F. Police officer may refer person to specialist DFV service provider
169G. Permitted uses of shared information
169H. Who may give or receive information on behalf of entity
169I. Facts or opinion may be shared
169J. Limits on information that may be shared

Division 3 - Confidentiality of shared information

169K. Confidentiality of information obtained under this part
169L. Police use of confidential information

Division 4 - Guidelines for sharing and dealing with information

169M. Chief executive must make guidelines

Division 5 - Protection from liability for giving information

169N. Protection from liability for giving information
169O. Interaction with other laws

PART 6 - NATIONAL RECOGNITION OF DOMESTIC VIOLENCE ORDERS
Note—

Division 1 - Preliminary

170. Object of part
171. Definitions for part
172. Meaning of local order
173. Meaning of interstate order
174. Meaning of registered foreign order
175. Meaning of properly notified
176. Special provisions for registered foreign orders

Division 2 - National recognition of DVOs

Subdivision 1 - General principles

176A. Interstate and foreign DVOs are recognised interstate orders
176B. Recognised interstate order prevails over earlier comparable DVOs
176C. Making of new orders

Subdivision 2 - Enforcement of recognised interstate orders

176D. Recognised interstate order may be enforced
176E. Penalty for contravention
176F. Licences, permits and other authorisations
176G. Orders for costs

Division 3 - Variation and revocation of recognised interstate orders
Note—

176H. Power of court to vary recognised interstate orders
176I. Application for variation of recognised interstate order
176J. Decision about hearing of application
176K. When recognised interstate order is taken to be revoked

Division 4 - Registration, and variation and revocation of registration, of New Zealand orders

176L. Application to register New Zealand order in Queensland
176M. Clerk of court to obtain copies of order and proof of service
176N. Registration of New Zealand order
176O. Duty of clerk of court after order is registered
176P. Variation or revocation of registered New Zealand order
176Q. Applicant need not notify respondent to New Zealand order

Division 5 - Exchange of information

176R. Obtaining information about interstate orders
176S. Clerk of court must provide DVO information
176T. Information to be provided to law enforcement agencies

Division 6 - Miscellaneous

176U. Certificate evidence—notification

PART 7 - OFFENCES

177. Contravention of domestic violence order
178. Contravention of police protection notice
179. Contravention of release conditions
180. Aggrieved or named person not guilty of offence
181. Prosecution of offences
182. When proceeding for offence to be heard summarily may be started

PART 8 - GENERAL

Division 1 - Service

183. Service allowed on all days
184. Service of order on respondent
184A. Substituted service
185. Court to give domestic violence order to other persons
186. Court to give intervention order to aggrieved
187. Court to give notice of adjournment to absent respondent
188. Giving of document to child

Division 2 - Miscellaneous provisions

189. Evidentiary provision
189A. Act applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986
189B. Police commissioner’s obligation to give respondent’s criminal history and domestic violence history to court
190. Protection from liability
191. Approved forms
192. Review of Act
193. Regulation-making power

PART 9 - REPEAL PROVISION

194. Repeal

PART 10 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provisions for Act No. 5 of 2012

195. Definitions for division
196. Domestic violence order to continue to have effect
197. Application for protection order
198. Domestic violence committed before commencement
199. Offences committed before commencement
200. Child protection proceedings started before commencement
201. Adjournment of matter of making protection order by court on its own initiative
202. Summons to attend
203. Application to register interstate order
204. Registered interstate order to continue to have effect
205. Application for variation of domestic violence order
206. Application for revocation of domestic violence order
207. Application by police for temporary protection order
208. Service and other things done in relation to continued applications
209. Appeal
210. Person taken into custody
211. Restriction on publication of proceedings
212. Restriction on obtaining copies of documents
213. Information provided to adult guardian
214. References to repealed Act

Division 2 - Transitional provision for Domestic and Family Violence Protection and Another Act Amendment Act 2015

215. Application to make or vary domestic violence order

Division 3 - Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2016

Subdivision 1 - Preliminary

216. Definitions for division

Subdivision 2 - Transitional provisions for amendment Act, part 2, division 2

217. Application to make or vary domestic violence order
218. Obligation for domestic violence order to include written explanation
219. Duration of existing protection orders
220. Existing voluntary intervention orders
221. Police protection notices
222. Release conditions

Subdivision 3 - Transitional provisions for national recognition of domestic violence orders scheme
Note—

223. Local orders
224. Interstate orders
225. Court may declare DVO to be recognised interstate order
226. Application for declaration

Subdivision 4 - Transitional provisions for previous part 6

227. Existing registered interstate orders
228. Application to register New Zealand order as interstate order

Division 4 - Transitional provisions for Justice and Other Legislation Amendment Act 2021

229. Definitions for division
230. Use of audio visual links or audio links
231. Particular applications for protection order filed before the commencement
232. Particular variation applications filed before the commencement

Division 5 - Transitional provisions for Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023

233. Definitions for division
234. Existing applications—considering respondent’s criminal history or domestic violence history
235. Existing cross applications
236. Substituted service orders for existing documents

Division 6 - Transitional provisions for Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024

237. Deciding period for which protection order continues in force
238. Application of s 47B to particular proceedings
239. Application of s 113 to particular proceedings
SCHEDULE - Dictionary

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