Queensland Numbered Acts Queensland Numbered ActsPart 6—
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Note—To ensure the greatest possible harmonisation for national recognition of domestic violence orders, this part closely follows corresponding legislation enacted in other Australian jurisdictions. Accordingly, this part is not entirely consistent with Queensland’s current drafting style.
170 Object of part This part establishes, in conjunction with the corresponding laws, a national recognition scheme for DVOs (or domestic violence orders).
171 Definitions for part In this part—
"corresponding law" means a law of another State that contains provisions that substantially correspond with this part.
"DVO" means a local order, an interstate order or a New Zealand order.
"final order" means a DVO that is not an interim order.
"interim order" —(a) means a DVO of an interim or provisional nature; and(b) includes the following—(i) a temporary protection order;(ii) a police protection notice;(iii) release conditions;(iv) another DVO made by a police officer;(v) another DVO declared by regulation to be an interim order.
"interstate order" see section 173 .
"interstate law enforcement agency" means—(a) the police force of another State; or(b) another agency of another State responsible for the enforcement of DVOs in that State.
"issuing authority" means—(a) generally—a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction; or(b) for a DVO—the court that, or person who, made the DVO.
"local order" see section 172 .
"make" includes issue.
"New Zealand order" means an order made under the Domestic Violence Act 1995 (NZ) or under an Act repealed by that Act.
"participating jurisdiction" means the following jurisdictions—(a) Queensland;(b) another State in which a corresponding law is enacted.
"properly notified" see section 175 .
"protected person" means—(a) in relation to a local order—the aggrieved and each named person; or(b) otherwise—a person for whose protection or benefit a DVO is made.
"recognised interstate order" see section 176A(1) .
"registered foreign order" see section 174 .
"registered New Zealand order" means a New Zealand order registered under division 4.
"respondent" means the person against whom a DVO is made.
"revoke" includes cancel.
"variation application" see section 176I(1) .
172 Meaning of local order A
"local order" means a domestic violence order, police protection notice or release conditions.Note—A registered New Zealand order is not a local order even though, under section 176 (1) (a), it is taken to have been made in Queensland.
173 Meaning of interstate order An
"interstate order" is an order made by a court or a police officer of another State that is declared by regulation to be an interstate order.Note—A registered foreign order is not an interstate order even though, under section 176 (1) (a), it is taken to have been made in the State in which it is registered as a registered foreign order.
174 Meaning of registered foreign order A
"registered foreign order" means a New Zealand order that is—(a) a registered New Zealand order; or(b) declared by regulation to be a registered foreign order.
175 Meaning of properly notified(1) The making of a local order is
"properly notified" under this Act if—(a) for a local order that is a domestic violence order—the respondent is served with a copy of the order under section 133(1)(a) or 184 or otherwise becomes enforceable against the respondent under section 177(1); orNote—A domestic violence order becomes enforceable against a respondent under section 177(1) when it is made (if the respondent is present in court), when it is served on the respondent or when a police office tells the respondent about the existence of the order and its conditions.(b) for a local order that is a police protection notice—the respondent is served with the notice under section 109 or the notice otherwise takes effect under section 113(1); orNote—A police protection notice takes effect under section 113(1) when it is served on the respondent or when a police officer tells the respondent about the existence of the notice and its conditions.(c) for a local order that is release conditions—the conditions are served on the respondent under section 124(1)(e).Note—See section 188 for additional requirements that apply if a document is required to be served on a child.(2) The making of an interstate order is
"properly notified" under the law of the State in which it is made in the circumstances provided for by the corresponding law of that State.(3) A variation to a recognised interstate order that is done in Queensland is
"properly notified" under this Act if—(a) the respondent is served with a copy of the variation under section 184; orNotes—1 Under section 91(5), a court that varies a local order must make a copy of the order that states the details and conditions of the order after the variation. This is referred to in the Act as the
"varied order" .2 Section 184 sets out the requirements for service of a varied order on the respondent.(b) the variation otherwise takes effect under section 99.(4) A variation to a recognised interstate order or local order that is done in another State is
"properly notified" under the law of that State in the circumstances provided for by the corresponding law of that State.(5) Despite subsections (1) and (2), a registered foreign order is
"properly notified" —(a) under this Act when it is registered under division 4; or(b) under the law of another State when it is registered in that State.
176 Special provisions for registered foreign orders(1) For the purpose of this part, a registered foreign order—(a) is taken to be made in the State in which it is registered as a registered foreign order; and(b) is taken to be made when it becomes a registered foreign order in that State.(2) A registered foreign order is varied or revoked, for the purpose of this part, if its registration as a registered foreign order is varied or revoked.
176A Interstate and foreign DVOs are recognised interstate orders(1) Each of the following is a
"recognised interstate order" —(a) an interstate order made in a participating jurisdiction;(b) a registered foreign order registered in a participating jurisdiction.Note—The corresponding laws of other participating jurisdictions treat domestic violence orders made, and police protection notices and release conditions issued, in Queensland as
"recognised interstate orders" for the purposes of those laws. See also section 223 .(2) An interstate order or registered foreign order—(a) becomes a recognised interstate order when it is made in a participating State; and(b) subject to this part, remains a recognised interstate order while it remains in force in the State in which it was made.
176B Recognised interstate order prevails over earlier comparable DVOs(1) A recognised interstate order (a
"new order" ) prevails over either of the following made before the new order (each an
"earlier comparable DVO" )—(a) a comparable recognised interstate order; or(b) a comparable local order.(2) When the new order becomes enforceable against the respondent—(a) the earlier comparable DVO stops being a recognised interstate order; or(b) the earlier comparable local order stops having effect.(3) A local order that stops having effect under subsection (2) is taken to have ended under section 97.(4) However, an earlier comparable DVO continues to be a recognised interstate order or local order, and to have effect, to the extent it relates to a person who is not a protected person under the new order.(5) A DVO made by a police officer does not prevail over a comparable DVO made by a court of any State.(6) A DVO is
"comparable" with another DVO if—(a) the DVOs are made against the same respondent; and(b) the DVOs are made for the protection of 1 or more of the same protected persons.
176C Making of new orders Nothing in this part stops a person applying for, or a court making, a domestic violence order even though a recognised interstate order applies to the same respondent.
176D Recognised interstate order may be enforced(1) A recognised interstate order that has been properly notified under the law of the State in which it was made—(a) has the same effect as a local order; and(b) may be enforced against a respondent as if it were a local order that had been properly notified under this Act.(2) A recognised interstate order mentioned in subsection (1) includes a recognised interstate order as varied by a variation—(a) done in a participating jurisdiction by a court under this part or a corresponding law; and(b) of which the respondent has been properly notified under the law of the State in which the variation was done.(3) A variation to a local order done in another jurisdiction may be enforced against a respondent as if the respondent had been properly notified of the variation under this Act if—(a) the variation was done by a court under a corresponding law; and(b) the respondent was properly notified of the variation under the law of the State in which the variation was done.(4) A prohibition, restriction or condition imposed by a recognised interstate order—(a) has the same meaning as it would have in the State in which the order was made; and(b) may be enforced as if it were a prohibition, restriction or condition of a local order.
176E Penalty for contravention(1) This section applies for the purpose of working out the maximum penalty for an offence of contravening a recognised interstate order.(2) A previous contravention of a recognised interstate order that constituted an offence is to be treated as a previous offence of contravening a local order.
176F Licences, permits and other authorisations(1) This section applies if a law of Queensland (a
"relevant law" ) restricts the grant of an authorisation, or authorises or requires an authorisation to be suspended or revoked, if a person is or has been named as a respondent in a local order.(2) The relevant law applies to a person who is or has been named as a respondent in a recognised interstate order as if it were a local order.(3) For the purposes of a relevant law—(a) a recognised interstate order that is a final order is to be treated in the same way as a local order that is a final order; and(b) a recognised interstate order that is an interim order is to be treated in the same way as a local order that is an interim order.(4) This section applies subject to the Weapons Act.Notes—1 See the Weapons Act, sections 27A, 28A, 29A, 29B and 34AA which provide for the impact on a person’s weapons licence, including the suspension or revocation of the licence, if the person is named as the respondent in a DVO, whether or not the DVO is a recognised interstate order.2 See also the Weapons Act, sections 10B and 10C for how a DVO naming a person as a respondent affects whether the person is a fit and proper person to hold a weapon’s licence or to be a licensed dealer’s associate, whether or not the DVO is a recognised interstate order.(5) In this section—
"authorisation" includes a licence or permit.
"grant" includes issue.
176G Orders for costs(1) A recognised interstate order, to the extent it requires the payment of money, can not be enforced.(2) The recognition of a DVO made in another State does not confer power on a court in Queensland to award costs in respect of any proceedings relating to the DVO that occurred in another State.(3) This section does not prevent a court awarding costs in respect of proceedings in Queensland relating to the variation of a recognised interstate order.
Note—A local order is revoked under this Act by varying the order to state an earlier date on which the order ends. See section 176K for when a recognised interstate order is taken to have been revoked under this part.
176H Power of court to vary recognised interstate orders(1) A court may vary a recognised interstate order under this division as if the order were a local order.(2) A court can not vary a recognised interstate order if it is a kind of order that can not be varied by a court in the State in which the order was made.(3) A variation to a recognised interstate order under this division is not limited in its operation to Queensland.(4) This division does not apply to the variation of a New Zealand order that is registered in Queensland under division 4.Note—Section 176P provides for the variation of a New Zealand order that is registered in Queensland under division 4.(5) If a court varies a recognised interstate order under this division, the State in which the order was made continues to be, for the purpose of this part, the State in which the order was made.
176I Application for variation of recognised interstate order(1) An application (a
"variation application" ) to vary a recognised interstate order may be made to a court—(a) as if it were an application under section 86 for a variation of a local order; and(b) by a person who would be able to make the application under that section if the recognised interstate order were a local order.(2) An application—(a) must be made to a court that would have power to hear the application if the recognised interstate order were a local order; and(b) must comply with any requirements that would apply if the recognised interstate order were a local order; and(c) may be dealt with (subject to this division) as if the recognised interstate order were a local order.
176J Decision about hearing of application(1) A court may decide to hear or refuse to hear the variation application.(2) In deciding whether to hear the variation application the court may consider the following matters—(a) the State in which the respondent and each protected person under the recognised interstate order usually live or work;(b) any difficulty a party to the proceedings, other than the applicant, may have in attending the proceedings;(c) whether there is sufficient information available to the court in relation to the recognised interstate order and the basis on which it was made;(d) whether proceedings are being taken for an alleged contravention of the recognised interstate order and the State in which those proceedings are being taken;(e) the practicality of the applicant (if not the respondent under the recognised interstate order) applying for and obtaining a local order against the respondent under the order with similar prohibitions or restrictions;(f) the impact of the application on children;(g) any other matters the court considers relevant.(3) Without limiting the court’s power to refuse to hear a variation application, the court may refuse to hear the application if the court is satisfied—(a) the circumstances in which the recognised interstate order was made have not materially changed; and(b) the application is in the nature of an appeal against the recognised interstate order.(4) For the purpose of exercising its functions under this division, a court may consider any information the court considers relevant about the making or variation of a recognised interstate order that is provided by an issuing authority of any other State.Note—Division 5 enables the court to obtain information about DVOs from other States.(5) A court must refuse to hear a variation application made by the respondent to the recognised interstate order during any period in which, under the law of the State in which the order was made, the respondent is not entitled to apply to vary or revoke the order of that State.(6) In this section—
"party" , to a proceeding for a variation application, means each of the following—(a) a protected person under the recognised interstate order; and(b) the respondent under the recognised interstate order.
176K When recognised interstate order is taken to be revoked(1) This section applies if a court varies a recognised interstate order under this part to—(a) if a recognised interstate order does not state a date on which it ends—state a date on which the order ends; or(b) otherwise—state an earlier date on which the order ends.(2) The court is taken to have revoked the recognised interstate order under this part from the stated date.
176L Application to register New Zealand order in Queensland(1) A person may apply to the clerk of a Magistrates Court for the registration of a New Zealand order.(2) The application must be in the approved form.
176M Clerk of court to obtain copies of order and proof of service(1) The clerk of the court must be satisfied—(a) the New Zealand order is in force by obtaining a certified copy of it; and(b) the order was served, or was taken to be served, on the respondent under the Domestic Violence Act 1995 (NZ) .(2) The clerk of the court must try to obtain the copy and proof quickly, for example, by fax, email or other electronic means.
176N Registration of New Zealand order(1) If the clerk of the court is satisfied about the matters mentioned in section 176M(1) , the clerk must register the New Zealand order.(2) However, the clerk of the court may refer the New Zealand order to the court for adaptation or modification if—(a) the clerk believes it necessary to do so; or(b) the applicant asks the clerk of the court to do so.(3) The court may adapt or modify the New Zealand order for the purposes of its registration in a way that the court considers necessary or desirable for its effective operation in Queensland.(4) The clerk of the court must register the New Zealand order as adapted or modified.(5) A registered New Zealand order is registered for the period during which the order, as originally made, is in force.(6) A regulation may prescribe the way that the clerk of the court is to register a New Zealand order.
176O Duty of clerk of court after order is registered(1) The clerk of the court must, within 2 business days after the registration of a New Zealand order, give the applicant and the police commissioner a certificate of the registration with a copy of the registered New Zealand order attached.(2) Notice of the registration of a New Zealand order is not to be given to the person against whom the order was made unless the aggrieved consents.(3) The consent must be given in writing.(4) The clerk of the court must not ask the applicant for any fee, or reimbursement for any expenses incurred, under this division.
176P Variation or revocation of registered New Zealand order(1) An application may be made to a court for—(a) a variation of the New Zealand order as it is registered in Queensland; or(b) a variation of the period during which a registered New Zealand order has effect in its operation in Queensland; or(c) the revocation of the registration of a New Zealand order.(2) Any of the following persons may apply to a court for an order under subsection (1)—(a) the person who applied for the registration of the New Zealand order;(b) a protected person under the New Zealand order;(c) the respondent under the New Zealand order;(d) an authorised person for an aggrieved;(e) a police officer.(3) The court may decide the application—(a) by varying it as it applies in Queensland; or(b) by varying the period during which it has effect in its operation in Queensland; or(c) by revoking the registration.
176Q Applicant need not notify respondent to New Zealand order(1) An applicant under this division need not give notice of an application for registration of a New Zealand order, or an application for a variation of a registered New Zealand order, to the respondent.(2) When an application for which notice has not been given comes before a court, the court—(a) may hear and decide the application in the absence of the respondent; and(b) must not refuse to hear and decide the application merely because the respondent has not been given notice of the application.(3) A registered New Zealand order that is adapted or modified under section 176N (3) is enforceable in Queensland without notice of the adaptation or modification being given to the respondent.(4) This section does not prevent an applicant giving notice of the application, or an order made because of the application, to the respondent.
176R Obtaining information about interstate orders(1) The following may obtain information about a DVO from an issuing authority of another State or from an interstate law enforcement agency—(a) the court;(b) the clerk of the court;(c) the police commissioner;(d) the director under the Director of Public Prosecutions Act 1984 ;(e) a police prosecutor.(2) The court or clerk of the court may use information mentioned in subsection (1) for the purpose of exercising the court’s or the clerk’s functions under this part.(3) The police commissioner, director of public prosecutions or a police prosecutor may use information mentioned in subsection (1) for a law enforcement purpose, including for the prosecution of an offence.
176S Clerk of court must provide DVO information(1) The clerk of the court must provide a court of another participating jurisdiction information about a DVO that the court reasonably requests for the purpose of exercising its functions under a corresponding law.(2) If a court makes or varies a DVO, the clerk of the court must provide an interstate law enforcement agency with information about the DVO that the law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.
176T Information to be provided to law enforcement agencies The police commissioner must provide an interstate law enforcement agency information the police commissioner holds about a DVO that the interstate law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions.
176U Certificate evidence—notification(1) A certificate signed by the police commissioner or the clerk of the court and stating the following is evidence of what it says—(a) the making of a local order has been properly notified under this Act;(b) a variation to a DVO that was done in Queensland has been properly notified under this Act.(2) A certificate signed by an authorised officer of another State and stating the following matters is evidence of what it says—(a) the making of a DVO in that State has been properly notified under the law of that State;(b) a variation to a DVO that was done in that State has been properly notified under the law of that State.(3) In a document, the words “authorised officer” after a signature are evidence that the person whose signature it purports to be is an authorised officer.(4) If, in a criminal proceeding, the prosecuting authority intends to rely on a certificate under subsection (1) or (2), it must, at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.(5) If the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.(6) If the defendant acts under subsection (5), the certificate stops being evidence of the matter to be challenged.(7) In this section—
"authorised officer" , of another State, means a person (whether or not designated as an authorised officer) who is authorised under the law of that State to issue a certificate certifying a matter mentioned in subsection (2)(a) or (b).