Domestic and Family Violence Protection Act 2012 - Department of ...

Table of contents
Training package - Introduction ...............................................................................6
Introduction........................................................................................................ 6
What is the purpose of the training package? ................................................... 7
What is the scope and structure of the training package?................................. 8
Will the training package be updated? .............................................................. 9
Where do I go for more information on the training package?........................... 9
Domestic and family violence the legal context ...................................................10
What does the law say about domestic and family violence?.......................... 10
Domestic and Family Violence Protection Act (Qld) 2012 ...................................12
Overview...................................................................................................................12
Introduction...................................................................................................... 12
What does the Act cover? ............................................................................... 13
Preamble and preliminary (Part 1 of Act) ..............................................................14
Preamble ......................................................................................................... 15
Principles ......................................................................................................... 16
Operation of Act (Part 2 of Act) ..............................................................................18
How is domestic and family violence defined in the Domestic and Family
Violence Protection Act (Qld) 2012?................................................................ 19
How is a ‘relevant relationship’ defined in the Domestic and Family
Violence Protection Act (Qld) 2012?................................................................ 21
Overview of operation of the Act ..................................................................... 24
Domestic Violence Orders (Part 3 of Act)..............................................................28
Protection Orders ............................................................................................ 29
Temporary Protection Orders .......................................................................... 35
Consent Orders ............................................................................................... 38
Naming persons in domestic violence orders.................................................. 39
Conditions of domestic violence orders........................................................... 41
Voluntary Intervention Orders.......................................................................... 47
Relationship between domestic violence orders and family law orders........... 50
Weapons (Division 8) ...................................................................................... 52
Explanation of domestic violence orders ......................................................... 55
Variation of domestic violence orders.............................................................. 57
Duration of domestic violence orders .............................................................. 62
3

Police functions and powers (Part 4 of Act)..........................................................63
What are the investigatory functions of a police officer? ................................. 63
What are police protection notices? ................................................................ 63
What powers do the police have under the legislation to take a person
into custody? ................................................................................................... 66
What powers does a police officer have in relation to temporary
protection orders?............................................................................................ 68
What other powers does a police officer have under the Act? ........................ 68
Court proceedings (Part 5 of Act) ..........................................................................70
What provisions are in the Act to provide Queensland courts with
jurisdiction on domestic violence matters? ...................................................... 70
What measures are in the Act to help to address the needs of victims of
domestic violence when they are dealing with court processes? .................... 70
Who is a person ‘aggrieved’ for the purposes of the appeal provisions? ........ 72
What other powers does a court have under the Act?..................................... 72
Who bears the costs of a proceeding? ............................................................ 72
What about adults with impaired capacity? ..................................................... 72
Registration of interstate orders (Part 6 of Act)....................................................73
How do I register an interstate order? ............................................................. 73
What is the effect of registration of an interstate order?.................................. 73
Offences (Part 7 of Act) ...........................................................................................75
What are the penalties for breaching a domestic violence order?................... 75
How does the Act deal with repeat offenders? ................................................ 75
Where a breach is constituted by serious criminal behaviour, why should
a court be limited to a maximum penalty of two or three years when the
penalty for the actual offence may be significantly greater?............................ 76
Service and approved forms (Part 8 of Act) ..........................................................77
Service requirements....................................................................................... 77
What happens if a document is not served or given as required under
the Act? ........................................................................................................... 77
Approved forms ............................................................................................... 78
Transitional provisions and frequently asked questions ....................................79
If there is a current order that was made under the 1989 Act, is it still
enforceable?.................................................................................................... 79
What if I made an application before the 2012 Act commenced but it has
not yet been heard or finalised? ...................................................................... 79
What happens to my current registration of an interstate order or my
application to register an interstate order? ...................................................... 79
4

What happens to summons, service of application and appeals under
the new Act?.................................................................................................... 80
What will happen to a person taken into custody under the repealed Act?..... 80
Do the restrictions on publication, obtaining documents and provision of
information apply under the new legislation?................................................... 80
Application of Act to “family violence”.............................................................. 80
Inclusion of examples and notes within the Act to assist reader
interpretation of the Act ................................................................................... 81
How does the Act deal with the sharing of information and orders
between the Family Court and a Magistrates Court hearing a domestic
violence order application?.............................................................................. 81
Can the provisions in the legislation relating to naming children on orders
be used inappropriately by parties, for example to gain an advantage in
concurrent Family Court proceedings?............................................................ 82
Can the ouster provisions contained in the new legislation be used
inappropriately by parties, for example to gain an advantage in
concurrent Family Law proceedings?.............................................................. 83
Where can I get further information?.....................................................................84
Services........................................................................................................... 84
Useful information/publications........................................................................ 86
Useful websites and links ................................................................................ 87
5

Introduction
Introduction
Domestic and family violence and sexual violence are not acceptable in Queensland.
Every woman, man and child has the right to live free from all forms of violence and
abuse.
Domestic and family violence is a serious and complex issue. Studies have
documented the significant health outcomes of domestic and family violence for
victims/survivors and in 2011, 24 out of 44 – more than half – of all homicides in
Queensland were related to domestic or family violence.
The financial cost of domestic and family violence has been estimated at $13.6 billion
per annum to the Australian economy (The Cost of Violence against Women and their
Children, prepared by KPMG for the National Council to reduce violence against
women and their children, 2009).
To reduce both the human and associated economic costs of domestic and family
violence all members of the community need to work together to identify and assist
individuals who are either experiencing or impacted by domestic and family violence.
6

What is the purpose of the training package?
The Domestic and Family Violence Protection Act 2012, passed by the Queensland
Parliament on 16 February 2012, will commence from 17 September 2012.
The Domestic and Family Violence Protection Act 1989 will continue to provide the
legal framework for domestic and family violence responses in Queensland until the
new Act commences.
The new legislation includes a number of changes to improve the safety and protection
of people affected by domestic and family violence including:
the addition of a preamble and principles to guide the administration of the
legislation
a new definition for domestic and family violence which includes behaviour such as
economic, emotional and psychological abuse, physical or sexual abuse or other
behaviour which controls or dominates another person
the introduction of short-term police protection notices meaning that police can
issue a protection notice to provide immediate safety to the victim
increased penalties of up to three years imprisonment for breaches of domestic
violence orders
increased guidance about the matters to be taken into consideration when deciding
whether to remove a perpetrator from the family home, and
increased guidance about the matters to be taken into consideration when ordering
attendance at intervention and counselling programs.
This training package outlines information about the legislation which may be used by
government agencies and non-government service providers in the domestic and
family violence services sector to assist them in performing their duties. The training
package may also be tailored by these organisations to inform the public and service
delivery agencies in related sectors.
7

What is the scope and structure of the training package?
The focus of this training package is on providing information regarding provisions of
the Domestic and Family Violence Protection Act 2012.
It has been developed based on a train-the-trainer model. Each audience will have
different training priorities and therefore the information contained within the package
can be tailored to meet their specific needs. To assist agencies in the process of
identifying which elements of the training package they wish to access each chapter
has been structured to include:
detailed information regarding the content area
a suggested powerpoint presentation to emphasise the key points of each chapter,
and
suggestions for the trainer when implementing the training package (e.g. frequency
and duration of training; the use of guidance materials to support the powerpoint
presentation etc).
This training package is further supported by the following publications:
Legislation explained: The Domestic and Family Violence Protection Act 2012 —an
information booklet for members of the public who wish to understand more about
Queensland’s domestic and family violence legislation
Increasing your safety: Information for people who experience abuse and/or
violence in relationships, and
Stopping abuse and violence: Information for people who use abusive and violent
behaviour in relationships.
Other Queensland Government agencies with portfolio responsibilities relating to the
domestic and family violence services sector (such as the Queensland Police Service
and Department of Justice and Attorney-General) may also produce materials that
detail the services delivered by, and the requirements of, their agencies in relation to
domestic and family violence matters.
8

Will the training package be updated?
The information in this training package is accurate at the date of publication. Further
updates/revisions to this resource will be issued as required.
It has been provided for use as guidance material only and is not intended to reflect
legal advice or opinion. Readers should obtain appropriate (independent) legal advice
regarding interpretation of the legislation and their particular circumstances.
Where do I go for more information on the training package?
For further information regarding this Training Package, or if you wish to provide
feedback on this Training Package, please contact:
Manager, Violence Prevention, Social Inclusion
Department of Communities, Child Safety and Disability Services
Email: Violence_Prevention_Team@communities.qld.gov.au
9

Domestic and family violence the legal context
What does the law say about domestic and family violence?
The Domestic and Family Violence Protection Act 2012 aims to improve the safety and
protection of people affected by domestic and family violence.
This legislation provides a civil response to domestic and family violence. A civil matter
is one where the court intervenes to resolve a dispute between two private parties. A
civil response to domestic and family violence is generally more accessible by all
members of the community, requires a lower standard of evidence and involves a
more flexible process than a criminal response.
The law recognises the particular challenges for people who experience violence and
so provides a special role for the police in assisting people experiencing domestic and
family violence.
The Act also contains a number of mechanisms to discourage domestic and family
violence. For example:
establishing mechanisms (such as protection orders) designed to protect and
assist the persons against whom violence is perpetrated or threatened
seeking to change behaviour by encouraging a perpetrator’s participation in
counseling or intervention programs, and
attaching penalties for a breach of a protection order intended both to punish and
to deter offenders and would-be offenders.
In acknowledgement of the power and control that is involved in domestic and family
violence the police can assist the aggrieved to seek protection.
The Domestic and Family Violence Protection Act 2012 promotes the operation of the
civil approach of a domestic violence order in addition to, but not instead of,
consideration of any criminal options which may be available. This is reflected in the
preamble and principles of the Act.
Significantly, the Act clearly states that the police have a duty to investigate a
complaint or report of domestic or family violence and that this duty does not limit the
police officer’s responsibility to investigate whether a criminal offence has been
committed. The Act acknowledges the criminal nature of domestic and family violence
by providing that a breach of a domestic violence order is a criminal offence.
The Criminal Code Act (Qld) 1899 is the key instrument for the source of criminal law
in Queensland.
10

Currently, the legal response to domestic and family violence in Queensland is a
combination of:
civil domestic violence orders which place conditions on a respondent aimed at
preventing further harmful behaviour, and
criminal penalties for a respondent who fails to comply with the orders.
Many of the behaviours which constitute domestic and family violence can also
amount to a criminal offence. The Criminal Code contains a wide range of such
offences including assault, grievous bodily harm, stalking and deprivation of liberty.
In some situations, the victim of domestic violence may not wish to pursue criminal
proceedings. Sometimes the people in the relationship may not wish to separate, and
in other cases, the aggrieved may not want to go through the stress of a criminal case.
However, it should be recognised that pressure is often exerted on the victim by the
perpetrator to drop criminal action or not to apply for a domestic violence order, and
this is linked to the cycle of power and control in a domestic violence relationship.
Ultimately the decision to charge a person with an offence rests with the investigating
police officer and depends on a range of factors including the views of the victim, the
available evidence and whether it would be in the public interest to pursue a
prosecution.
11

Domestic and Family Violence
Protection Act (Qld) 2012
Overview
Introduction
While definitions of domestic and family violence vary, there is general acceptance that
domestic and family violence occurs when one person in a relationship uses violence
or abuse to maintain power and control over the other person. People who experience
these acts of abuse or violence often feel fearful and unsafe.
Domestic and family violence occurs in many relationships in Australian society
regardless of ethnic or cultural background, religious beliefs, sexual preference, age,
gender, or socioeconomic status.
Most domestic and family violence happens in relationships where people are or have
been married, living together or dating. For many victims, the violence or abuse may
continue even after they have ended the relationship.
People can also experience domestic and family violence in their relationships with
other family members. For example, older people or people with a disability may
experience domestic and family violence from an unpaid carer such as a family
member, friend or neighbour.
While males are most often the offender, men can also be victims.
12

What does the Act cover?
The Act is structured around 12 main parts including:
Preliminary issues
This section includes the:
– main objects of the Act and
– principles for administering the new legislation.
Operation of the Act
This section includes:
– defining domestic and family violence and relevant relationships (for the
purposes of the Act) and
– specifying what orders a court can make to prevent domestic violence and
when these orders can be made.
Domestic violence orders
This section includes:
– the processes for applying, issuing and/or varying protection orders, temporary
protection orders, consent orders, domestic violence orders and voluntary
intervention orders and
– details the conditions that may be attached to domestic violence orders.
Police functions and powers
This section includes the:
– legislative responsibilities of police officers when exercising their powers to
investigate domestic and family violence matters and
– issues of a police protection notice, taking a person into custody, applying for
an urgent temporary protection order and other police powers.
Court proceedings
This section includes:
– jurisdictional matters
– the practices and procedures associated with court proceedings (e.g. including
the rights of a person to appear in court, their representation and the use of
special witnesses), and
– the powers of the court with respect to confidentiality and appeals processes.
Registration of interstate orders
This section includes:
– the legal requirements for registering an interstate order in Queensland and
– how to vary or cancel a registered order.
Offences
This section includes provisions to manage and/or prosecute any contraventions of
a domestic violence order, police protection notice or release conditions.
General provisions
This section includes:
– legal requirements for the serving of orders/notices on impacted parties and
– the use of approved forms.
Transitional provisions and frequently asked questions
This section includes answers to frequently asked questions and information about
applications and orders that are not finalised at the commencement of the 2012
legislation.
13

Domestic and Family Violence
Protection Act (Qld) 2012
Preamble and preliminary (Part 1 of Act)
This part of the Act:
details a preamble to the legislation
sets out the short title and commencement date for the Act
sets out the main objects of the Act and the principles for administering the
legislation, and
cross references Schedule 2 of the Act which provides a dictionary to define
particular words that are used in the Act.
14

Preamble
A preamble describes the context in which a law is enacted. In this case, the
preamble (Table 1) provides an opportunity for the Queensland Parliament to make a
clear statement that domestic and family violence is a violation of human rights and is
not acceptable in Queensland communities.
PowerPoint:
Preamble
The preamble recognises the approach to domestic and family violence in Queensland
in the context of the State’s relevant international obligations, contemporary social
values and human rights. It identifies the nature, dynamics and impacts of domestic
and family violence and makes it clear that the civil responses set out in the Act should
operate with (and not instead of) the criminal law responses.
The preamble also recognises that domestic violence is predominantly perpetrated by
men against women although anyone (regardless of their gender) can be a victim or
perpetrator of domestic violence. The provisions of the legislation are gender-neutral
and will be applied on a case-by-case basis where a court determines that there is a
need for protection.
Table 1
Domestic and Family Violence Protection Act 2012, Preamble
In enacting this Act, the Parliament of Queensland recognises the following -
1 Australia is a party to the following instruments -
Universal Declaration of Human Rights
United Nations Declaration on the Elimination of Violence Against Women
United Nations Convention on the Rights of the Child
United Nations Principles for Older Persons.
2 Living free from violence is a human right and fundamental social value.
3 Domestic violence is a violation of human rights that is not acceptable in any community
or culture and traditional or cultural practices cannot be relied upon to minimise or excuse
domestic violence.
4 Domestic violence is often an overt or subtle expression of a power imbalance, resulting
in one person living in fear of another, and usually involves an ongoing pattern of abuse
over a period of time.
5 Domestic violence can have serious impacts on people who experience it, including
physical, emotional and psychological harm, and can result in death.
6 Perpetrators of domestic violence are solely responsible for their use of violence and its
impacts on other people.
7 Domestic violence is most often perpetrated by men against women with whom they are
in an intimate partner relationship and their children; however, anyone can be a victim or
perpetrator of domestic violence.
8 Domestic violence is a leading cause of homelessness for women and children.
9 Children who are exposed to domestic violence can experience serious physical,
psychological and emotional harm.
10 Behaviour that constitutes domestic violence can also constitute a criminal offence.
15

Principles
PowerPoint:
Principles
Section 4 of the Act sets out a number of principles to guide those who are involved in
the administration of the legislation - including the courts, police officers, and lawyers.
The principles are also referred to in some of the operational provisions in the Act. For
example, section 37 provides that a court must consider the principles in section 4
when it is deciding whether a protection order is necessary or desirable to protect an
aggrieved from domestic violence.
The principles therefore play an important role in assisting courts in their
determinations. However, the principles are not intended to set out additional
evidentiary matters that must be established by the parties to proceedings.
The principles also provide that any response to domestic violence should take
account of any characteristics that may make a person more vulnerable to domestic
violence. A list of examples of people who may be particularly vulnerable to domestic
violence is provided within the legislation and includes women, children, and people
with a disability.
This section is intended to recognise that some people are more likely to be victims of
domestic violence. This should be borne in mind when (for example) police officers are
investigating an incident, or courts are considering an application.
This section also aims to ensure that any processes under the legislation which involve
a person mentioned in this sub-section should take into account their particular
vulnerability. For example, where a person from a culturally or linguistically diverse
background is involved in proceedings, a court should consider its obligations under
section 84 (Court to ensure respondent and aggrieved understand Domestic Violence
Order). This may include arranging for an interpreter or providing explanatory notes to
assist the person during proceedings if the court considers this appropriate.
Domestic and Family Violence Protection Act 2012, Section 4
4 Principles for administering Act
(1) This Act is to be administered under the principle that the safety, protection and wellbeing
of people who fear or experience domestic violence, including children, are paramount.
(2) Subject to subsection (1), this Act is also to be administered under the following principles
–
(a) people who fear or experience domestic violence, including children, should be treated
with respect and disruption to their lives minimised;
(b) perpetrators of domestic violence should be held accountable for their use of violence and
its impact on other people and, if possible, provided with an opportunity to change;
(c) if people have characteristics that may make them particularly vulnerable to domestic
violence, any response to the domestic violence should take account of those
characteristics;
Examples of people who may be particularly vulnerable to domestic violence: women;
children; Aboriginal people and Torres Strait Islanders; people from a culturally or linguistically
16

diverse background; people with a disability; people who are lesbian, gay, bisexual,
transgender or intersex; elderly people.
(d) in circumstances in which there are conflicting allegations of domestic violence or
indications that both persons in a relationship are committing acts of violence, including
for their self-protection, the person who is most in need of protection should be identified;
(e) a civil response under this Act should operate in conjunction with, not instead of, the
criminal law.
17

Domestic and Family Violence
Protection Act (Qld) 2012
Operation of Act (Part 2 of Act)
This part of the Act explains how domestic violence is dealt with under the Act and
defines particular words that are used in the Act. This part includes sections that:
set out the meaning of domestic violence – including associated domestic
violence and what it means to be exposed to domestic violence
set out the meaning of relevant relationships – including what constitutes an
intimate personal relationship and the meaning of spousal, parent, engagement,
couple and informal care relationships. Also includes family relationship and
relative, and
provides an overview of key elements of the Act, including:
o who is an aggrieved and who is a respondent
o child as aggrieved or respondent
o what orders a court can make to prevent domestic violence
o for whose protection a domestic violence order can be made and who can
apply for a protection order
o when a court can make a protection order or a temporary protection order
o the conditions of a domestic violence order and what happens if
circumstances change after a domestic violence order is made
o what can happen if a respondent does not comply with a domestic violence
order
o what is the effect of an interstate order.
Significant sections of the Act are discussed in further detail in this chapter.
18

How is domestic and family violence defined in the Domestic
and Family Violence Protection Act (Qld) 2012?
Meaning of domestic and family violence
(Section 8)
The Act includes a new and more contemporary definition of domestic and family
violence. In broad terms, the new legislation identifies domestic violence as meaning
certain (nominated) behaviour by one person towards another person with whom the
first person is in a relevant relationship.
PowerPoint:
Meaning of
domestic
violence
There are two major elements to this definition:
domestic violence – meaning behaviour that is physically or sexually abusive,
emotionally or psychologically abusive, economically abusive, threatening or
coercive; or behaviour that in any other way controls or dominates a second
person and causes them to fear for their safety or wellbeing or that of someone
else, and
a relevant relationship – being an intimate personal relationship, a family
relationship or an informal care relationship.
Meaning of associated domestic violence
(Section 9)
The Act also recognises ‘associated’ domestic violence which means behaviour by a
respondent towards a child of the aggrieved, a child who usually lives with an
aggrieved, a relative of an aggrieved or an associate of an aggrieved. The inclusion of
associated domestic violence means that a perpetrator of violence cannot indirectly
perpetrate further violence by harming or threatening to harm a loved one of the
aggrieved. This kind of indirect domestic violence can be used by the perpetrator to
influence the behaviour and decisions of the original victim. It also allows the court to
consider the myriad of subtle and not so subtle ways a perpetrator can use violence.
Meaning of exposed to domestic violence
(Section 10)
The Act also recognises that a child can be ‘exposed’ to domestic violence if the child
sees or hears domestic violence or otherwise experiences the effects of domestic
violence. Increasingly, research on the effect of domestic violence on children has
found support for a range of psychological, behavioural, health and socioeconomic
impacts on children 1 . This research also demonstrates that children do not only
experience harm when they are the direct victim of violence, but also when they are
not the direct victim of violence but for example, used as a tool of violence or witness
the after effects of physical injury or property damage.
PowerPoint:
Associated
domestic
violence
PowerPoint:
Exposed to
domestic
violence
1 Australian Institute of Criminology, (2011) Children’s Exposure to Domestic Violence in Australia,
Trends and Issues in Crime and Criminal Justice No. 419
19

For this definition, it does not matter whether the perpetrator intended to expose the
child to domestic violence, or whether the child was present when the violence
occurred, as long as the child experiences the effects of domestic violence as
illustrated by some of the examples in the Act, they have been exposed to domestic
violence.
Meaning of emotional or psychological abuse
(Section 11)
The definition of domestic violence specifically includes emotional and psychological
abuse. Emotional and psychological abuse is defined as behaviour that torments,
intimidates, harasses or is offensive to another person. Examples are provided within
the legislation to assist with interpreting this provision although the examples are not
exhaustive. This means that the behaviour does not have to fit within one of the
examples in the Act to be considered emotional or psychological abuse. Some of the
examples include:
PowerPoint:
Meaning of
emotional or
psychological
abuse
repeated derogatory taunts, including racial taunts and
remaining outside a person’s place of residence or place of work.
Meaning of economic abuse
(Section 12)
The definition of domestic violence in Queensland also includes economic abuse. The
definition includes two broad categories of behaviour that may constitute economic
abuse and is framed by reference to the dynamics of domestic violence.
PowerPoint:
Meaning of
economic
abuse
Economic abuse is a type of domestic violence in which a perpetrator uses money and
other assets as a means of controlling or dominating a victim. Economic abuse can
adversely affect a person by denying them their economic or financial autonomy or
placing them in a position where they cannot meet reasonable living expenses.
The definition and examples distinguish reasonable behaviours relating to financial
decisions which arise in the normal course of a relationship from those which are
coercive, deceptive or unreasonably controlling without a person’s consent. It is a form
of domestic violence in its own right.
In many instances, the economic abuse may form part of the overall picture of
controlling behaviours perpetrated by a respondent. In such instances, the burden of
proving separate acts of economic abuse may be reduced.
A court hearing an application for a domestic violence order makes its decision based
on the civil standard of proof (e.g. the balance of probabilities); is not bound by the
rules of evidence; and may inform itself in any way it considers appropriate (section
145). For these reasons, it is not anticipated that courts would routinely be requiring
parties to produce complicated financial statements or reports to demonstrate
economic abuse. However, the Court can request any information it considers
important to determine whether a domestic violence order is necessary or desirable.
20

How is a ‘relevant relationship’ defined in the Domestic and
Family Violence Protection Act (Qld) 2012?
Meaning of relevant relationship
(Section 13)
The Act defines a relevant relationship as being an intimate personal relationship, a
family relationship or an informal care relationship. For domestic violence to occur
under the Act it is necessary for the perpetrator and the victim of violence to be in one
of these relationships.
Meaning of ‘intimate personal relationship’
(Section 14)
Domestic violence mostly occurs between two people who are, or have been, in an
intimate relationship. The Act defines intimate personal relationship to include a
spousal relationship, an engagement relationship or a couple relationship. The Act
provides some further guidance about the kinds of relationships that are considered
intimate personal relationships.
Meaning of ‘spousal relationship’
(Section 15)
The Act defines a spousal relationship as a relationship that exists between spouses.
The definition includes:
PowerPoint:
Meaning of
relevant
relationship
PowerPoint:
Meaning of
intimate
personal
relationship
PowerPoint:
Meaning of
spousal
relationship
a de facto partner based on provisions of the Acts Interpretation Act 1954
a former spouse of the person, and
a parent or former parent of a child of the person (regardless of whether there is or
was any relationship between the parents of the child). Further clarification is
provided in section 16 of the Act regarding the definition of a parent.
Meaning of parent
(Section 16)
The Act defines parent to mean:
the child’s mother or father and
anyone else, other than the chief executive (child protection), having or exercising
parental responsibility for the child.
PowerPoint:
Meaning of
parent
For these purposes, how the person came to be exercising parental responsibility for
the child is irrelevant.
21

The Act also identifies that a parent of a child does not include:
a person standing in the place of a parent of the child on a temporary basis
an approved foster or kinship carer for the child;
The Act recognises that a parent of an Aboriginal child includes a person who, under
Aboriginal tradition, is regarded as a parent of the child; and that a parent of a Torres
Strait Islander child includes a person who, under Island custom, is regarded as a
parent of the child.
Meaning of ‘engagement’ relationship
(Section 17)
The Act recognises that an engagement relationship exists between two persons if the
persons are or were engaged to be married to each other, including a betrothal under
cultural or religious tradition.
Meaning of ‘couple relationship’
(Section 18)
The definition of couple relationship in the Act uses language that more accurately
reflects contemporary relationships in which domestic and family violence is
experienced. The Act sets out a range of matters for the court to consider when
deciding whether two people are, or have been, in a couple relationship including:
PowerPoint:
Meaning of
couple
relationship
the degree of trust between them and their level of dependence on, and
commitment to, each other
the degree of intimacy between them
the frequency of contact, and
the length of time the relationship has, or did, exist.
The definition also makes it clear that two people can be in a couple relationship even
if:
the relationship is not sexual or exclusive in nature
the two persons are of the same or a different gender.
A couple relationship does not exist merely because two people date or dated each
other on a number of occasions.
Case studies
Two elderly people who form a relationship based on companionship can still be in a
relationship that involves trust, emotional dependence and commitment even though
they do not reside together and may not be financially dependent on one another.
Two young people who are living separately with their parents can form a relationship
involving emotional dependence and commitment even though much of their contact
with each other is through online communication.
22

Meaning of ‘family relationship’ and ‘relative’
(Section 19)
A family relationship exists between two people if one of them is or was the relative of
the other. The Act provides that a relative of a person is someone who is ordinarily
understood to be or have been connected to the person by blood or marriage.
PowerPoint:
Meaning of
family
relationship
and relative
Section 19 contains examples of an individual’s relatives (or former relatives) to assist
with interpreting the provision. These examples include an individual’s spouse, child
(aged 18 years or more), stepchild, parent, step-parent, sibling, grandparent, aunt,
nephew, cousin, half-brother, mother-in-law or aunt-in-law.
The Act also provides that some people may have a wider concept of a relative
relationship which can be recognised under the Act. This includes Aboriginal people,
Torres Strait Islander people, members of certain communities with non-English
speaking backgrounds and people with particular religious beliefs.
Meaning of ‘informal care relationship’
(Section 20)
An informal care relationship exists between two persons if one of them is or was
dependent on the other person (their carer) for help in an activity of daily living.
PowerPoint:
Meaning of
informal care
relationship
To assist with interpreting this provision, the legislation provides examples of what
constitutes ‘help in an activity of daily living’. The examples include:
dressing or other personal grooming of a person
preparing a person’s meals or helping a person with eating meals
shopping for a person’s groceries, and
telephoning a specialist to make a medical appointment for a person.
The Act identifies that an informal care relationship does not exist in certain instances
including:
a relationship between a child and a parent of a child and
in an activity of daily living under a commercial arrangement (even if a person does
not pay a fee for the help provided under the arrangement e.g. assistance by a
voluntary organisation).
The legislation notes that an arrangement is not a commercial arrangement because
one person receives a pension or allowance, or reimbursement for the purchase price
of goods, for the help provided under the arrangement.
Summary
The Act is relevant to three broad categories of relationships: intimate personal
relationships, family relationships and informal care relationships. Sub-groups within
these broad categories are defined in sections 13 to 20 of the Domestic and Family
Violence Protection Act 2012.
23

Overview of operation of the Act
Who is an aggrieved and who is a respondent?
(Section 21)
The Act identifies that:
PowerPoint:
Meaning of
aggrieved
and
respondent
an aggrieved means the person for whose benefit a domestic violence order, or a
police protection notice, is in force or may be made under the Act. Only one person
can be named as the aggrieved in an application for a domestic violence order, in a
domestic violence order or in a police protection notice. This is different to having a
named person added to the order. That is discussed below.
a respondent means a person against whom a domestic violence order, or a
police protection notice, is in force or may be made under the Act. More than one
person may be named as the respondent in an application for a domestic violence
order or in a domestic violence order. However, only one person may be named as
the respondent in a police protection notice.
Child as an aggrieved or respondent
(Section 22)
A person who is a child can be named as the aggrieved or the respondent in an
application for a domestic violence order, in a domestic violence order or in a police
protection notice.
PowerPoint:
Children as
aggrieved or
respondent
However, a child can only be named as the aggrieved or the respondent if an ‘intimate
personal relationship’ or an ‘informal care relationship’ exists between the child and the
other party named in the application, order or notice.
Child is defined as an individual less than 18 years of age. Matters involving children
as an aggrieved or respondent should ordinarily be dealt with by the Childrens Court.
An adult child can be named as an aggrieved or respondent where there is a family
relationship of child and parent between that person and the other party named in the
application. Those interstate orders where a child is named in that jurisdiction as an
aggrieved or respondent within a family relationship can still be registered in
Queensland. The registration of interstate orders is discussed later.
A child can be protected from domestic violence in the family home by being named on
an order which is made for the benefit of another person. The aggrieved may be the
child’s parent or another person with whom the child usually lives. The ability to name
another person on the order is discussed later.
24

What orders can a court make to prevent domestic violence?
(Section 23)
A court can make a domestic violence order against a respondent for the benefit of an
aggrieved. The Court can make:
PowerPoint:
Domestic
violence
orders
a protection order or
a temporary protection order which is an order made in the period before a court
decides whether to make a protection order for the benefit of the aggrieved.
A protection order is a final order that must contain the following conditions:
the respondent must be of good behaviour and must not commit domestic violence
or associated domestic violence
if a child of the aggrieved, or a child who usually lives with the aggrieved, is a
named person in the order, the respondent must not expose the child to domestic
violence, and
the respondent must comply with any other conditions imposed by the court and
stated in the order.
Under this section, the court can also make a domestic violence order even though the
person against whom the order is made:
does not appear in court or
is not notified about an application for a domestic violence order.
Who can a domestic violence order protect?
(Section 24)
As well as the aggrieved, a domestic violence order can also protect the following
people. These people are described as a ‘named person’ and include:
a child of the aggrieved
a child who usually lives with the aggrieved (i.e. a child who spends time at the
residence of the aggrieved on a regular or on-going basis)
a relative of the aggrieved, and
an associate of the aggrieved (i.e. a person whom the aggrieved regards as an
associate or a person who regards himself or herself as an associate of the
aggrieved).
The Act provides that these individuals are protected by being specifically named in
the domestic violence order under sections 52 or 53 of the Act. The same conditions
apply to these people as to the aggrieved. Details of how the court decides to name a
person are contained in a later chapter.
PowerPoint:
Who can an
order protect?
PowerPoint:
Who can
apply for an
order?
25

Who can apply for a protection order?
(Section 25)
The Act provides that an application for a protection order can be made by:
an aggrieved
an authorised person for the aggrieved (i.e. an adult authorised in writing by the
aggrieved to appear on their behalf, or an adult whom the court believes is
authorised by the aggrieved to appear on their behalf even though the authority is
not in writing)
a police officer under section 100(2)(a) of the Act, or
a person acting under another Act for the aggrieved (i.e. an eligible guardian under
the Guardianship and Administration Act 2000 or an eligible attorney under the
Powers of Attorney Act 1998)
a party to a child protection proceeding, within the hearing of the child protection
application (s43).
When can a court make a protection order?
(Section 26)
The court can make a protection order (temporary or final) where domestic violence
has occurred in a relevant relationship and it is necessary or desirable for the
protection of the aggrieved.
A court can make a protection order if:
an application for a protection order is made to the court by an appropriate person
(as per section 25 of the Act); or
the court convicts a person of an offence involving domestic violence; or
the court is the Childrens Court hearing a child protection proceeding.
When can a court make a temporary protection order?
(Section 27)
A court can make a temporary protection order if:
the court adjourns a proceeding including:
o the hearing of an application for a protection order
o the hearing of an application to vary a protection order
o the conviction of a person of an offence involving domestic violence
o the hearing of a child protection proceeding in the Childrens Court
the applicant for a protection order has asked the clerk of the court (under section
36) for the application to be heard by the court before the respondent is served or
the applicant for the variation of a protection order has asked the clerk of the court
(under section 90) for the application to be heard before the respondent is served
or
if a police officer applies for a temporary protection order (under Part 4, Division 4
of the Act).
PowerPoint:
When can a
court make a
temporary
protection
order?
26

What happens if circumstances change after a domestic violence order is
made?
(Section 29)
If circumstances change after a domestic violence order is made, then the Act
provides that a person can apply under section 86 for a variation of the order.
PowerPoint:
Varying a
domestic
violence
order
The Act provides the following examples to demonstrate where a variation may need
to be considered:
A protection order is made that includes only the standard conditions. The
respondent commits further, and more serious, domestic violence against the
aggrieved. An application to vary the protection order and include additional
conditions in the order may be appropriate to give greater protection to the
aggrieved.
A temporary protection order is made because of an application under section 129
by a police officer. The aggrieved’s place or residence is stated in the order as the
premises that the respondent is prohibited from approaching. If the aggrieved’s
place of residence changes, a variation of the temporary protection order may be
sought under section 86 of the Act.
If there is a ‘no-contact’ condition and the aggrieved wants to reconcile, or at least
have contact with the respondent, it will be necessary to seek a variation to remove
the no-contact condition.
27

Domestic and Family Violence
Protection Act (Qld) 2012
Domestic Violence Orders (Part 3 of Act)
This part of the Act details provisions relating to domestic violence orders including:
Protection orders – includes applying for a protection order; fixing the hearing
date; serving an application; when a court may make a protection order; the
hearing of the application (including when a respondent appears/does not appear
before the court); the hearing of cross applications; when a court can make or vary
an order (including against an offender convicted of an offence involving domestic
violence, or against a parent of a child in a child protection proceeding);
requirements for a court to ensure that the respondent and aggrieved understand
domestic violence orders.
Temporary Protection Orders – includes when a court may make a temporary
protection order; the matters that the court must be satisfied of; the standard of
evidence; the granting of temporary protection orders when a respondent has not
been served; temporary protection orders in relation to an application for a
variation or for cross applications; and the form of the temporary protection order.
Consent orders – includes when a court may make an order by consent.
Naming persons in domestic violence orders – includes naming a child, relative
or associate of the aggrieved in a domestic violence order; when the court must
consider naming a child; and court powers to obtain information about a child.
Conditions of domestic violence orders – includes standard conditions for a
domestic violence order; other conditions that may be imposed; conditions relating
to the behaviour of a respondent or the recovery of personal property; contact by a
lawyer and victim advocate; conditions limiting contact between a parent and a
child; ouster and return conditions; supervision by a police officer of ouster and
return conditions; and conditions for the protection of an unborn child.
Voluntary intervention orders – includes when a court may make a voluntary
intervention order; explaining the order; the need for a respondent to agree to the
making or amending of a voluntary intervention order; assessing the suitability of a
respondent; contravention of an order; notice of completion of order; and approval
requirements for providers and intervention programs;
Relationship between domestic violence orders and family law orders –
includes the disclosure of a family law order by an applicant and provisions
whereby a court may consider a family law order.
Weapons – includes a court to consider matters relating to weapons; conditions
relating to a thing that is used as a weapon; inclusion of information in domestic
violence orders about weapons; and exemption provisions under the Weapons Act.
Variation of domestic violence orders – includes application for variations; fixing
of hearing; serving an application; when a court may vary a domestic violence
order; considerations of court when variation may adversely affect an
aggrieved/named person; hearing of application; and providing an order to police.
Duration of domestic violence order – includes start of domestic violence order;
end of protection order; end of temporary protection order and when a variation of
a domestic violence order takes effect.
28

Protection Orders
Application for a protection order (see also section 25)
(Section 32)
The Act provides that an application for a protection order can be made to a
Magistrates Court by:
PowerPoint:
Application
for a
domestic
violence
order
an aggrieved or
an authorised person for the aggrieved or
a police officer under section 100(2)(a) of the Act or
a person acting under another Act for the aggrieved.
The application must satisfy a number of criteria including:
to be in an approved form
state the grounds on which the order is made
state the nature of the order sought
if the applicant is not a police officer – be verified by the applicant by a statutory
declaration, and
be filed in the court.
Fixing of date, time and place for hearing
(Section 33)
If the applicant for a protection order is:
a police officer — then the police officer must (as soon as practicable after the
application is prepared) prepare a copy of the application that states the date, time
and place for the hearing of the application
not a police officer -—then the clerk of the court must (as soon as practicable after
the application is filed in the court): write on a copy of the application the date, time
and place for the hearing of the application; and give a copy to both the applicant
and the officer in charge of the police station nearest the place where the
respondent lives or was last known to live.
Service of Application
(Section 34)
PowerPoint:
Service
A police officer must personally serve the copy of the application prepared under
section 33 on the respondent.
The copy of the application must state that, if the respondent does not appear in court:
a domestic violence order may be made in the respondent’s absence or
the court may issue a warrant for the respondent to be taken into custody by a
police officer if the court believes that it is necessary for the respondent to be
heard.
29

To remove any doubt, the Act provides that if an application for a protection order is
made by a police officer, the application may be served on the respondent before the
application is filed in the court.
Copy of application must be given to aggrieved
(Section 35)
If the applicant for a protection order is not the aggrieved, the applicant must give a
copy of the application to the aggrieved. However, the Act states that failure to do so
will not invalidate or otherwise affect an application for a protection order.
The requirements for providing a copy of the application to an aggrieved are less
onerous than the requirement to personally serve a respondent. It is important to
ensure that the aggrieved is notified of the proceedings and provided with the
opportunity to be involved. However the appearance of the aggrieved is not crucial
because another person is the applicant in this circumstance.
Applicant may ask clerk of court for hearing before respondent is served
(Section 36)
The applicant for a protection order may ask the clerk of the court to arrange for the
application to be heard by the court before the application is served on the respondent.
In these circumstances, the court can only make a temporary protection order. This
provision recognises there may be situations in which an applicant considers it is
necessary for the aggrieved to be protected by a temporary protection order urgently
or before the respondent is given notice of the application. The information below sets
out what the court must do if the respondent does or does not appear.
Hearing of application – appearance of respondent
(Section 38)
If a respondent appears before the court that is to hear and decide an application for a
protection order, then the court may:
hear and decide the application or
adjourn the application (whether or not it makes a temporary protection order) or
dismiss the application without deciding it if:
o the applicant has not appeared;
o if the applicant is a police officer – no other police officer or service legal
officer has requested an adjournment; and
o no other person eligible to apply for the protection order has appeared.
The dismissal of an application does not affect the right of the applicant to make a
further application against the respondent. This provision does not affect the ability of
the court to dismiss an application in other situations, after the court has considered
the merits of the application and made a decision. For example, a court can dismiss an
application after it has decided that the application is malicious, deliberately false,
frivolous or vexatious.
30

Hearing of application – non-appearance of respondent
(Section 39)
If a respondent fails to appear before the court that is to hear and decide an
application for a protection order, and the court is satisfied that the respondent has
been served with a copy of the application, the court may:
hear and decide the application in the absence of the respondent or
adjourn the application (whether or not it makes a temporary protection order), or
order the issue of a warrant for the respondent to be taken into custody by a police
officer and brought before the court. Other provisions in the Act state that the court
must not order a warrant as a matter of course but only where, in the
circumstances, the court believes it appropriate that the respondent be heard
(s156).
Hearing of application – before respondent is served
(Section 40)
The Act provides that if a court hears an application for a protection order before the
application is served on the respondent – the court may adjourn the application
(whether or not it makes a temporary protection).
Cross Applications
(Section 41)
The Act identifies a cross application as existing where:
PowerPoint:
Cross
applications
a protection order application (the original application) has been made and is
before a court
a second application (the cross application) for a protection order has been made
and is before the same court or another court
a person named as a respondent in the original application is named as the
aggrieved in the cross application, and
the person named as the aggrieved in the original application is named as a
respondent in the cross application.
In such instances, the Act provides that either court may:
order that the application before the court be dealt with by the other court or
may hear the original application and the cross application together.
The court hearing the cross application may take into account the court records
relating to the making of the protection order.
31

When court on its own initiative can make or vary order against offender
(Section 42)
This section gives the court the power to make or vary an order against an offender on
its own initiative when the court convicts the offender of an offence involving domestic
violence. A person can be convicted of an offence after pleading guilty or after the
court has conducted a trial or other hearing on the matter.
PowerPoint:
When can a
court make
an order on
its own
initiative?
However, the court can only perform these actions if the following persons have been
given a reasonable opportunity to present evidence, and to prepare and make
submissions about the making or varying of the order:
the offender
the prosecuting authority for the offence and
if reasonably practicable, the person who is or would be named as the aggrieved in
the order.
A court exercising jurisdiction under this section may:
make the protection order or vary the domestic violence order before the offender
is discharged by the court or otherwise leaves the court or
adjourn the matter to a later fixed day and time (and may, in the meantime, make a
temporary protection order).
Where a matter is adjourned, the court:
must inform the offender that if they do not appear on the day or time to which the
matter has been adjourned, then:
o a protection order may be made, or a domestic violence order varied, in the
offender’s absence
o the court may issue a warrant for the respondent to be taken into custody
by a police officer if the court believes that it is necessary for the
respondent to be heard, and
may issue any direction that it considers necessary.
If the offender fails to appear on the day or time to which the matter has been
adjourned, the Act provides that the court also has the option to adjourn the matter
further (and in the meantime, make a temporary protection order).
Generally, applications for domestic violence orders are heard in a closed court. This
means that only parties to the application and a support person for the aggrieved are
allowed to attend the hearing. However, if the court makes an order under this section
of the Act, then the matter is heard in an open court. The court retains the power to
order a closed court, but closed court is not automatic.
32

When a Childrens Court can make or vary order against parent of child
(Section 43)
This section applies if a Childrens Court is hearing a child protection proceeding.
PowerPoint:
Powers of the
Childrens
Court
The court may make a protection order against a parent of a child for whom an order is
sought in the child protection proceeding (the parent) if:
the court is satisfied that, under section 37, a protection order could be made
against the person and
the person who would be named as the aggrieved in the protection order is also a
parent of a child for whom an order is sought in the child protection proceeding.
If a domestic violence order is already in force against a parent of a child for whom an
order is sought in the child protection proceeding (also the parent), the court must
consider the order and whether, in the circumstances, the order needs to be varied.
For example, to change the date the order ends or to ensure that the terms of the
order are consistent with an order proposed to be made in the child protection
proceeding.
The court may perform these actions on its own initiative, or on the application of a
party to the child protection proceeding.
However, the court may not perform these actions unless each party to the child
protection proceeding has been given a reasonable opportunity to present evidence
and to prepare and make submissions about the making or varying of the order:
A court exercising jurisdiction under this section may:
make the protection order or vary the domestic violence order during the child
protection proceeding or
adjourn the matter to a later fixed day and time (and may, in the meantime, make a
temporary protection order under Division 2).
Where a matter is adjourned, the court:
must inform the parent that if they do not appear on the day or time to which the
matter has been adjourned, then:
o a protection order may be made, or a Domestic Violence Order varied, in
the parent’s absence
o the court may issue a warrant for the parent to be taken into custody by a
police officer if the court believes that it is necessary for the parent to be
heard, and
may issue any direction that it considers necessary.
If the parent fails to appear on the day or time to which the matter has been adjourned,
the Act provides that the court also has the option to adjourn the matter further (and in
the meantime, make a temporary protection order under Division 2 of the Act).
This section recognises that matters raised during child protection proceedings can
provide a basis for making a protection order or varying a domestic violence order. In
other situations, the court may be required to vary the terms of a domestic violence
33

order to ensure consistency between the terms of that order and the order the court
proposes to make in the child protection proceedings.
This section does not limit the power of the court to make any order under the Child
Protection Act 1999.
34

Temporary Protection Orders
When court may make temporary protection order
(Section 44)
PowerPoint:
Temporary
protection
orders
A court may make a temporary protection order if:
the court adjourns the hearing of an application for a protection order or
the court adjourns the hearing of an application for a variation of a domestic
violence order or
the court convicts a person of an offence involving domestic violence and adjourns
the decision whether to make or vary a domestic violence order or
the Childrens Court adjourns a hearing of an application for a domestic violence
order during a child protection proceeding or
the applicant for a protection order has asked the clerk of the court for the
application to be heard by the court before the respondent is served or
the applicant for the variation of a protection order has asked the clerk of the court
under for the application to be heard by the court before the respondent is served
an application for a temporary protection order is made to the court by a police
officer under the Act.
Matters court must be satisfied of
(Section 45)
A court may make a temporary protection order against a respondent only if the court
is satisfied that:
a relevant relationship exists between the aggrieved and the respondent and
the respondent has committed domestic violence against the aggrieved.
An application for a temporary protection order need only be supported by the
evidence that the court considers sufficient and appropriate having regard to the
temporary nature of the order. This recognises the nature of proceedings where a
temporary protection order is sought. Often, this will be in situations of some urgency
relating to the need to protect the aggrieved, where there are significant time
constraints, and parties to proceedings may not be in a position to produce evidence of
the standard that would ordinarily be expected at a final hearing of the application.
Temporary protection order when respondent has not been served
(Section 47)
This section applies if a respondent:
has not been served with a copy of an application for a protection order, or an
application for a variation of a domestic violence order and
the respondent is not present in court.
The court may make a temporary protection order against the respondent only if the
court is satisfied that the making of a temporary protection order is necessary or
35

desirable to protect the aggrieved, or another person named in the application from
domestic violence.
There may be a number of reasons why the respondent has not been served with a
copy of the application. It may be the respondent has not been located by the police or
that the applicant is concerned that putting the respondent on notice of the application
before a temporary protection is made will put the aggrieved at an increased risk of
domestic violence.
Temporary protection order in relation to application for variation
(Section 48)
This section applies if the court adjourns the hearing of an application for a variation of
a domestic violence order.
The court may make a temporary protection order against a respondent only if the
court is satisfied that the temporary protection order is necessary or desirable to
protect the aggrieved, or another person named in the domestic violence order, from
domestic violence, pending a decision on the application for the variation.
If the application is for a variation of a temporary protection order, the court may cancel
the original order and make a new temporary protection order.
Temporary protection order in relation to cross application
(Section 49)
This section applies if:
an application for a domestic violence order (the original application) has been
made and is before a court
a person named in the original application as a respondent applies for a domestic
violence order (the cross application) and the aggrieved named in the original
application is named in the cross application as a respondent, and
the cross application is not served on the aggrieved named in the original
application at least one business day before the day of the hearing of the original
application.
The Act provides that the court must adjourn the hearing of the cross application and
set a date by which the cross application is to be served on the aggrieved named in
the original application - unless that aggrieved consents to the court hearing the cross
application before hearing the original application or together with the original
application.
36

The court may make a temporary protection order in relation to the cross application if:
the aggrieved named in the original application does not consent and
the court is satisfied that the temporary protection order is necessary or desirable
to protect the aggrieved, or another person named in the cross application,
pending a decision on the cross application.
This section applies in addition to the other matters the court must be satisfied of, as
discussed above.
Form of temporary protection order
(Section 50)
A court may make a temporary protection order against a respondent in the same
terms as a protection order.
37

Consent Orders
Court may make domestic violence order by consent.
(Section 51)
PowerPoint:
Contents of
s51
The Act provides that if parties to a proceeding for a domestic violence order or the
variation of a domestic violence order consent to the making of the order or do not
oppose the making of the order, then the court may make the order:
if the court is satisfied that a relevant relationship exists between the aggrieved and
the respondent
without being satisfied that the respondent has committed domestic violence
against the aggrieved, and
whether or not the respondent admits to any or all of the particulars of the
application.
However, if the respondent is a child, then the court may make the order only if the
court is satisfied of the requirements for a protection order or temporary protection
order.
If a police officer or authorised person for the aggrieved is acting on behalf of the
aggrieved in the proceeding the court may make the order only if the court is satisfied
that the aggrieved consents to the making of the order.
However, the consent of the aggrieved would not be required if:
a police officer is acting on behalf of the aggrieved in the proceeding
the aggrieved is not present in court and cannot, after all reasonable enquiries, be
contacted to give the consent, and
the police officer reasonably believes that the order promotes the safety, protection
and wellbeing of the aggrieved, any named person, and any child affected by the
order.
Before making or varying a domestic violence order under this section the court may
conduct a hearing in relation to the application if the court considers it is in the
interests of justice to do so.
The court also may refuse to make or vary a domestic violence order if it believes that
this may pose a risk to the safety of the aggrieved, any named person, or any child
affected by the order.
38

Naming persons in domestic violence orders
Naming relative or associated of aggrieved
(Section 52)
The court may name in a domestic violence order a relative or associate of the
aggrieved if the court is satisfied that this is necessary or desirable to protect the
relative or associate from associated domestic violence.
PowerPoint:
Naming
persons in
domestic
violence
orders
For the purposes of this section, a relative of an aggrieved does not include a child
mentioned in section 53.
Naming child
(Section 53)
The Act provides that the court may name in a domestic violence order a child of the
aggrieved or a child who usually lives with the aggrieved if the court is satisfied that
this is necessary or desirable to protect the child from:
associated domestic violence or
being exposed to domestic violence committed by the respondent.
The term exposed to domestic violence is defined above.
When court must consider naming child
(Section 54)
There are times when a court must consider naming a child even if the application
does request that a child is named on the domestic violence order.
This section applies:
if a court is:
o hearing an application for a domestic violence order or a variation of a
domestic violence order or
o deciding whether to make a domestic violence order during other
proceedings (eg criminal proceedings resulting from domestic violence or
child protection proceedings), and
the application for a domestic violence order or a variation of a domestic violence
order – or any other information before the court – discloses the existence of a
child of the aggrieved or a child who usually lives with the aggrieved.
The court must consider whether the child should be named in the domestic violence
order.
39

Power of court to obtain information about a child
(Section 55)
Where a court is considering an application for a protection order or a variation of a
domestic violence order that seeks to name a child in the order, or the court is
considering naming a child in a protection order; and
the respondent contests the naming of the child in the order or the imposition or
any conditions concerning the child and
the court considers that the chief executive (child protection) may have information
relating to the child, the aggrieved or the respondent that may help the court in
deciding whether to name the child in the order or impose a condition relating to
the child.
PowerPoint:
Court can
request
information
about a child,
aggrieved or
respondent
from the
chief
executive
(child
protection)
The court may ask the chief executive (child protection) to provide information about
the child, the aggrieved or the respondent that the chief executive reasonably
considers may help the court in deciding whether to name the child in the order or to
impose a condition relating to the child.
The chief executive (child protection) must comply with the request as quickly as
possible.
However, the chief executive (child protection) is required only to provide information
in his/her possession, or to which he/she has access.
If the chief executive (child protection) provides information under this section in a
proceeding, the court must:
give each party to the proceeding a copy of the information and a reasonable
opportunity to prepare and make submissions about the information. However, the
chief executive does not need to comply with this requirement if giving the
information would place the aggrieved, or a child, at increased risk of domestic
violence and
give a copy of any domestic violence order, or varied order, made in the
proceeding to the chief executive (child protection).
40

Conditions of domestic violence orders
Domestic violence order must include standard conditions
(Section 56)
The law requires a court making a domestic violence order to include certain
conditions on all orders. These conditions include that the respondent:
PowerPoint:
Conditions of
domestic
violence
orders
be of good behaviour towards the aggrieved and not commit domestic violence
against the aggrieved and
if the order includes a named person who is an adult:
o be of good behaviour towards the named person
o not commit associated domestic violence against the named person and
if the order includes a named person who is a child:
o be of good behaviour towards the child
o not commit associated domestic violence against the child, and
o not expose the child to domestic violence.
The Act provides that if the court does not exercise its power to impose these
conditions, then the court is taken to have done so. As a matter of practice, orders
generated by the court automatically contain these conditions.
Court may impose other conditions
(Section 57)
The court making or varying a domestic violence order may also impose any other
conditions that the court considers:
necessary in the circumstances and
desirable in the interests of the aggrieved, any named person or the respondent.
This gives the court a wide power to impose other conditions on a respondent to a
domestic violence order. When making other conditions, the courts must place
paramount importance on the safety, protection and wellbeing of people who fear or
experience domestic violence, including children.
Conditions relating to behaviour of respondent
(Section 58)
This section provides additional guidance to the court when considering what other
conditions the court may impose, but does not limit the ability of the court to include
any other condition. The conditions can include prohibiting:
stated behaviour that would constitute domestic violence against the aggrieved or
associated domestic violence against a named person or
stated behaviour that is likely to lead to domestic violence against the aggrieved or
associated domestic violence against a named person or
the respondent from approaching, or attempting to approach the aggrieved or a
named person (including stating in the order a distance within which an approach
is prohibited) or
41

the respondent from contacting, attempting to contact, or asking someone else to
contact the aggrieved or a named person (including, for example if the aggrieved
or named person has taken shelter at a refuge) or
the respondent from locating, attempting to locate or asking someone else to
locate the aggrieved or a named person (if the aggrieved or named persons’
whereabouts are not known to the respondent) or
stated behaviour towards a child of the aggrieved or a child who usually lives with
the aggrieved, including prohibiting the respondent’s present at or in a place
associated with the child.
Conditions relating to recovery of personal property
(Section 59)
In relation to personal property of the aggrieved, the court may impose a condition on
the respondent that requires the respondent to:
return stated personal property to the aggrieved or
allow the aggrieved access to stated personal property or
allow the aggrieved to recover stated personal property or
allow the aggrieved to enter stated premises to facilitate the above actions or
do any act necessary or desirable to facilitate the above actions.
If the court imposes conditions relating to the recovery of personal property, the court
must also consider:
the extent to which a matter relating to the condition must be supervised by a
police officer and
the need to impose a condition that the respondent must not, during a stated
period, approach within a stated distance of the stated premises, to facilitate
certain actions listed above.
The property that is to be returned must be specifically stated on the order.
Contact by lawyer not prohibited
(Section 60)
A condition imposed (under section 58) that prohibits a respondent from asking
someone else to contact or to locate an aggrieved or named person does not prohibit
the respondent from asking:
PowerPoint:
What contact
is allowed?
a lawyer to contact the aggrieved or named person or
another person, including a lawyer, to contact or locate the aggrieved or named
person for a purpose authorised under the Act.
42

This provision is intended to apply to situations where the actions of the lawyer are
legitimately connected with legal proceedings, not situations where for example, a
respondent asks a friend, who is a lawyer, to act on his or her behalf for purposes
which are not related to legal proceedings.
Contact by victim advocate not prohibited
(Section 61)
A condition imposed (under section 58) that prohibits a respondent from asking
someone else to contact or to locate an aggrieved or named person does not prohibit
a victim advocate from contacting or locating the aggrieved or named person if:
either of the following applies:
o the purpose of contacting or locating the aggrieved or named person is to
seek their consent to the provision of advocacy or support
o the aggrieved or named person has consented to being contacted or
located by a victim advocate and
the victim advocate is not knowingly in direct contact with the respondent and
the respondent is participating in an approved intervention program by an
approved provider.
A victim advocate for this section means a person engaged by an approved provider to
provide advocacy for, and support of, an aggrieved or named person. Approved
providers are discussed in more detail in relation to voluntary intervention orders.
Condition limiting contact between parent and child
(Section 62)
This section applies if:
the aggrieved, or an applicant on behalf of the aggrieved, has asked the court for a
condition to be imposed on the respondent that would prevent or limit contact
between the respondent and a child of the respondent and
the court, on its own initiative, is considering imposing a condition of this type.
If the court imposes such a condition, the condition must limit contact between the
respondent and the child only to the extent necessary for the child’s safety, protection
and wellbeing.
Further information is provided in a later chapter about the interaction between
domestic violence orders and family law orders.
Ouster condition
(Section 63)
In addition to all the other conditions the court may impose, the court may impose a
condition (an ouster condition) on a respondent that prohibits the respondent from
doing all or any of the following in relation to stated premises:
remaining at the premises
entering or attempting to enter the premises, and
43

approaching within a stated distance of the premises.
The premises that may be stated in the ouster condition includes premises:
in which the respondent has a legal or equitable interest
where the aggrieved and respondent live together or previously lived together, and
where the aggrieved or a named person lives, works or frequents.
The Act provides guidance to the court about the matters that should be considered in
deciding whether to include an ouster condition which relates to an aggrieved’s usual
place of residence. The section applies if:
the aggrieved, or an applicant on behalf of the aggrieved, has asked the court for
an ouster condition to be imposed on the respondent in relation to the aggrieved’s
usual place of residence or
the court, on its own initiative, is considering imposing an ouster condition.
The court must consider the following:
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
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
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
the need to ensure continuity and stability in the care of any child living with the
aggrieved
the need to allow childcare arrangements, education, training and employment of
the aggrieved and any child living with the aggrieved to continue without
interruption
the particular accommodation needs of the aggrieved and any child who may be
affected by the ouster condition, and
the particular accommodation needs of the respondent (e.g. accommodation needs
that relate to a disability or impairment or that relate to the number or age of the
children who require accommodation).
A safeguard in the operation of this provision is that the court must give reasons for
imposing or not imposing the condition.
Return condition
(Section 65)
If the court imposes an ouster condition on a respondent, the court must consider
imposing another condition (a return condition) allowing the respondent:
if the respondent is no longer at the premises stated in the ouster condition to
return to the premises to recover stated personal property or
if the respondent is at the premises stated in the ouster condition to remain at the
premises to remove stated personal property.
44

However, a return condition may not allow a respondent to recover or remove personal
property that is required to meet the daily needs of any person who continues to live in
the premises stated in the ouster condition. The Act provides examples of personal
property required to meet daily needs which includes household furniture and kitchen
appliances.
If the court imposes a return condition and does not order that the matters relating to
the condition be supervised by a police officer the court must state in the domestic
violence order:
if the respondent is present in court when the order is made:
o the time at which, without contravening the order, the respondent may
return to the premises and then must leave the premises or
o for how long the respondent may, without contravening the order, continue
to remain at the premises or
if the respondent is not present in court when the order is made:
o the time at which, without contravening the order, the respondent may
return to the premises and must leave the premises based on the time of
service of the order on the respondent or
o for how long the respondent may, without contravening the order, remain at
the premises based on the time of service of the order on the respondent.
In deciding these times, the court must have regard to any expressed wishes of the
aggrieved.
Supervision by police officer of ouster condition or return condition
(Section 66)
Before imposing an ouster condition or return condition, the court must consider:
the extent to which a matter relating to the condition must be supervised by a
police officer and
if a police officer must supervise a matter, the need to impose a condition that the
respondent must not approach within a stated distance of stated premises.
Condition for protection of unborn child
(Section 67)
This section applies if an aggrieved is pregnant when a domestic violence order for the
benefit of the aggrieved is made.
PowerPoint:
Unborn
children
The court may impose a condition that:
takes effect when the child is born and
requires the respondent to be of good behaviour towards the child, not commit
associated domestic violence against the child, and not expose the child to
domestic violence.
The court may impose the condition if the court is satisfied that the aggrieved is
pregnant and the order is necessary or desirable to protect the child from associated
domestic violence or being exposed to domestic violence once the child is born.
45

The court may impose the condition whether or not the respondent is the father of the
child.
46

Voluntary Intervention Orders
Court may make voluntary intervention order
(Section 69)
If a court makes or varies a domestic violence order the court may make a voluntary
intervention order that requires the respondent to attend either or both of the following:
an approved intervention program provided by an approved provider and
counselling provided by an approved provider.
PowerPoint:
Voluntary
Intervention
Orders:
counselling or
intervention
program
Counselling means counselling of a kind that may in the court's opinion be beneficial in
helping a respondent to overcome harmful behaviour related to domestic violence.
This could include, for example, counselling for substance abuse issues which are
related to a person’s domestic violence behaviours.
A voluntary intervention order can only be made if the court is satisfied that an
approved provider is available to provide the approved intervention program or the
counselling at a location reasonably convenient to the respondent, having regard to
where the respondent lives or works.
The voluntary intervention order must require the respondent to:
report to a stated approved provider at a stated place, and within a stated time, to
allow the approved provider to assess the respondent's suitability to participate in
an approved intervention program or counselling
if the approved provider gives a notice confirming the respondent's suitability
(s72(3)) attend an approved intervention program or counselling provided by an
approved provider, and
comply with every reasonable direction given to the respondent by an approved
provider.
PowerPoint:
Voluntary
Intervention
Orders: steps
in process –
order,
suitability
assessment,
notices,
contravention
Voluntary intervention order to be explained
(Section 70)
Before making a voluntary intervention order the court must explain or cause to be
explained to the respondent:
the purpose and effect of the order
what may follow if the respondent contravenes the requirements of the order, and
that the order may be varied or revoked on application of the respondent or a
police officer.
Respondent to agree to making or amending of voluntary intervention order
(Section 71)
The court may make or amend a voluntary intervention order only if the respondent:
is present in court
agrees to the order being made or amended, and
agrees to comply with the order as made or amended.
47

Assessment of suitability of respondent
(Section 72)
If a court makes a voluntary intervention order, the clerk of the court must give a copy
of the order to the stated approved provider mentioned in section 69(3)(a).
The approved provider must assess the respondent's suitability to participate in an
approved intervention program or counselling taking into consideration:
the respondent's character, personal history and language skills
any disabilities, psychiatric or psychological conditions, or alcohol or drug
problems, of the respondent
the effect of these matters on the respondent's ability to participate in group
counselling, and
any other relevant matters.
If the approved provider considers that the respondent is suitable to participate in an
approved intervention program or counselling, the approved provider must give the
court a notice in the approved form stating:
that the respondent is suitable to participate in the program or counselling
the date when the respondent will start attending the program or counselling
the name of the approved provider who will provide the program or counselling,
and
the estimated period of time within which the respondent is likely to complete the
program or counselling.
If the approved provider considers that the respondent is not suitable to participate in
an approved intervention program or counselling, the approved provider must give the
court and the police commissioner a notice in the approved form stating that the
respondent is not suitable to participate in an approved intervention program or
counselling.
Contravention of voluntary intervention order
(Section 73)
If an approved provider becomes aware that a respondent has contravened a
voluntary intervention order, the approved provider must give the court, and the police
commissioner, a notice in the approved form stating:
Note to trainer:
It may be useful to show participants a copy of the approved form and
explain how the approved form is to be given to the court and Police
Commissioner. http://www.courts.qld.gov.au/forms
that the respondent has contravened the voluntary intervention order
the nature of the contravention, and
the date of the contravention.
PowerPoint:
Voluntary
Intervention
Orders eg of
minor
contravention:
the respondent
misses one
session and
after being
contacted by
the provider
agrees to
attend a makeup
session.
The
respondent
attends all
other sessions
48

The approved provider must give the notice within 14 days after the approved provider
becomes aware of the contravention.
However, this section does not apply if the approved provider is satisfied that:
the contravention is minor and
the respondent has taken steps to remedy the contravention or has otherwise
substantially complied with the voluntary intervention order.
Note to trainer: It may be useful to show participants a copy of the
approved form. http://www.courts.qld.gov.au/forms
Notice of completion
(Section 74)
If a respondent completes an approved intervention program or counselling, the
approved provider must give the respondent, the court and the police commissioner a
notice in the approved form stating:
that the respondent has completed the program or counselling and
the date on which the respondent completed the program or counselling.
The approved provider must give the notice within 14 days after the respondent
completes the program or counselling.
Note: It may be useful to show participants a copy of the approved form.
http://www.courts.qld.gov.au/forms
Approval of providers and intervention programs
(Section 75)
The Chief Executive of the Department of Communities, Child Safety and Disability
Services has responsibility for approving providers and providing a list of available
services to the Chief Magistrate. The process for approval and information relating to
the approval of services and providers is available from the Department of
Communities, Child Safety and Disability Services.
49

Relationship between domestic violence orders and family law
orders
The Commonwealth family law system provides different ways to determine family
arrangements if a relationship breaks down. The main law governing families, children
and property disputes is the Family Law Act 1975. The law covers people in all states
and territories of Australia except Western Australia.
PowerPoint:
Family Law
orders –
The Family Court of Australia and the Federal Magistrates Courts which are both
Commonwealth Courts can decide family law matters. A Magistrates Court in
Queensland can also exercise some powers under the Family Law Act 1975 to vary a
parenting order for a child during domestic violence proceedings under the Domestic
and Family Violence Protection Act 2012.
Definition for Division 7
(Section 76)
For the purposes of domestic violence proceedings under the Act, a family law order
means either of the following that relates to a child of a respondent or an aggrieved:
an order, injunction, undertaking, plan or recognisance mentioned in the Family
Law Act 1975 (Cwth) and
an order, injunction, undertaking, plan or recognisance mentioned in the Family
Court Act 1997 (WA). (Western Australia has not referred powers for family law
matters to the Commonwealth but manages these matters in their State courts.
This is why Western Australian orders are identified separately.)
Applicant must disclose family law order
(Section 77)
This section applies to a person who:
applies to a court for a domestic violence order or a variation of a domestic
violence order and
is aware of a family law order.
The person must:
inform the court about the family law order and
if the person has a copy of the order, give a copy of the order to the court.
Failure to comply with this section does not invalidate or otherwise affect an
application for a domestic violence order or an application for a variation of a domestic
violence order.
50

Court may consider family law order
(Section 78)
Before deciding whether to make or vary a domestic violence order the court may:
have regard to any family law order of which the court has been informed and
if the family law order allows contact between a respondent and a child that may be
restricted under the proposed domestic violence order or variation, consider
whether to exercise its power, under the Family Law Act 1975 (Cwlth), section 68R
or the Family Court Act 1997 (WA), section 176, to revive, vary or suspend the
family law order.
However, the court must not diminish the standard of protection given by a domestic
violence order for the purpose of facilitating consistency with a family law order.
If the court is considering whether to exercise its power under this provision (and as
noted above) the court must give the parties to the proceeding a reasonable
opportunity to present evidence and to prepare and make submissions about the
exercise of the power. However, this requirement does not apply if the court is
deciding whether to make a temporary protection order under section 47.
Failure to comply does not invalidate or otherwise affect a domestic violence order or a
variation of a domestic violence order.
51

Weapons (Division 8)
In Queensland, the possession of weapons is governed by the Weapons Act 1990
which establishes a licensing and registration scheme for the possession of weapons.
Under the legislation a weapon is not limited to a firearm but can be another thing
prescribed under a regulation to be a weapon or within a category of weapon or a thing
that would be a weapon if it were not temporarily inoperable or incomplete. It does not
include a public monument.
PowerPoint:
Weapons:
The Weapons Act and the Domestic and Family Violence Protection Act both contain
specific provisions for when a domestic violence order is made against a person who
holds a license for a weapon or who is authorised to have a weapon because of their
job, for example a police officer.
For the purposes of the Act possessing a weapon has a broad meaning and includes:
have custody of it or
commit it to someone else's custody but have control of it or a claim to its custody
or
if someone else otherwise has custody of it:
o be able to obtain its custody at will or
o have control of it.
Court must consider matters relating to weapons
(Section 80)
If a respondent is present in court or a police officer is the applicant or is in court, the
court must ask the following questions about weapons:
whether the respondent has a weapons licence
whether the respondent possesses a weapon
whether the respondent has access to a weapon as part of the respondent's
employment
whether the respondent has access to a weapon that does not need a license or to
be registered because of their employment, and
if either of the above two matters apply:
o if the respondent's employer, including the employer's name and address
and
o the employment or other arrangements relating to the respondent having
access to a weapon.
After asking about the above matters, the court may include one or more of the
following in the domestic violence order to the extent the court considers reasonable:
information about any weapons licence of the respondent
information about any weapon the respondent possesses
information about any weapon to which the respondent has access because of the
respondent's employment
information about any weapon to which the respondent has access that does not
need a license or to be registered because of employment and
52

a statement that when the domestic violence order is served on the respondent the
respondent is no longer exempt from the licensing and registration scheme
because of their employment.
In this section, employment of a respondent includes employment by a partnership in
which the respondent is a partner.
Condition relating to thing used as a weapon
(Section 81)
If a court is satisfied that a respondent:
has used, or threatened to use, a thing in committing domestic violence against the
aggrieved, or associated domestic violence against a named person and
is likely to use the thing again or carry out the threat.
The court may include a condition on the domestic violence order that prohibits the
respondent from possessing the thing, or a thing of the same type, for the duration of
the order. This section deals with the situation where a respondent has used or
threatened to use something other than a weapon to commit domestic or family
violence such as:
an animal including a pet
an antique firearm, crossbow or spear gun and
a cricket or baseball bat.
If the court makes such an order, the thing is taken to be a weapon and may be dealt
with under this Act and the Weapons Act as a weapon for which the respondent does
not have a licence.
Domestic violence order must include information about weapons
(Section 82)
The purpose of this section is to ensure that a police officer has as much information
available as is possible when the police officer exercises a power under an Act to
obtain or seize a weapon.
In making a domestic violence order the court must state as much information as it can
about the weapons that the respondent possesses.
In this section, weapon includes a ‘thing’ that a respondent is prohibited from
possessing under section 81(2), the section described above.
No exemption under Weapons Act
(Section 83)
This section applies to each of the following:
a person who is a police officer, special constable or trainee member of the
Queensland Police Service, or any other member of the Queensland Police
53

Service authorised by the police commissioner, as mentioned in the Weapons Act,
section 2(1)(e)
a person who is undergoing an approved training course, as mentioned in the
Weapons Act, section 2(1)(g)
a person who is actually engaged in the manufacture, assembly or handling of any
weapon for or on behalf of the Government of the Commonwealth or any State or
Territory, as mentioned in the Weapons Act, section 2(1)(h)
a person who is engaged in scientific or experimental work with any weapon under
an authority, as mentioned in the Weapons Act, section 2(1)(i)
a person who is actually engaged in the warehousing or transport under
consignment of merchandise, as mentioned in the Weapons Act, section 2(1)(l)
a person to whom the police commissioner has granted an exemption from
provisions of the Weapons Act, as mentioned in the Weapons Act, section 2(1)(m),
and
a person who is an employee of a government service entity within the meaning of
the Weapons Act, section 2(9), as mentioned in the Weapons Act, section 2(2).
If the person is named as the respondent in a domestic violence order, the Weapons
Act applies to the person for the duration of the order despite the Weapons Act,
section 2. This means that the person cannot use their employment or eligibility to hold
a weapon under one of these categories as a reason to hold a weapon after they have
been named a respondent in a domestic violence order.
However, if the respondent is not present in court when the court makes the domestic
violence order, the respondent cannot be convicted of an offence against the Weapons
Act because of the operation of subsection (2), unless the act or omission that
constitutes the offence happens after the domestic violence order is served on the
respondent. This means that the provisions relating to weapons are the same as the
other provisions in the Act where a respondent can only be breached on the condition
if they have been served with the order.
Under the Weapons Act a person who is a respondent on a domestic violence order
must surrender their weapon. The respondent is required to surrender all weapons
licenses and weapons to a police officer as soon as practicable but no later than one
day after the court makes the order or the order is served on the respondent.
If the respondent fails to surrender licenses or weapons in the time specified, the
respondent may commit an offence against the Weapons Act.
54

Explanation of domestic violence orders
Court to ensure respondent and aggrieved understand domestic violence order
(Section 84)
The Act sets out requirements for the court to ensure that the respondent and
aggrieved understand the domestic violence order.
If a court is hearing an application for a domestic violence order and the aggrieved or
the respondent is personally before the court for the first time in relation to the
application, the court must ensure that the aggrieved or respondent understands the
nature, purpose and legal implications of the proceeding and of any order or ruling
made by the court.
PowerPoint:
Ensuring the
aggrieved
and
respondent
understand
the domestic
violence
order.
If a court is about to make a domestic violence order and the respondent is before the
court, the court must ensure the respondent understands:
the purpose, terms and effect of the proposed order, including, for example, that:
o the order may be enforceable in other States and New Zealand without
further notice to the respondent
o if the respondent has a weapons licence or is a body's representative as
mentioned in the Weapons Act section 10(3), the licence or endorsement
as the body's representative is dealt with by the Weapons Act, section 27A
or 28A
o under the Weapons Act section 10B, a person against whom a protection
order is made cannot apply for a weapons licence for a period of five years
from the date of the order
o under section 83(2), a person against whom a domestic violence order is
made is not exempt from the Weapons Act despite the Weapons Act
section 2;
o the consequences of a domestic violence order can only be avoided if the
respondent successfully appeals the domestic violence order
what may follow if the respondent contravenes the proposed order, and
that the respondent may apply for a variation of the order.
If a court is about to make a domestic violence order and the aggrieved is before the
court, the court must ensure the aggrieved understands:
the purpose, terms and effect of the proposed order, including, for example, that
the order may be enforceable in other States and New Zealand
what the aggrieved may do, and what may follow, if the respondent contravenes
the proposed order, and
that the aggrieved may apply for a variation of the order.
The process that the court adopts to comply with this section may include using
services of, or help from, other people to the extent the court considers appropriate.
Examples of services or help the court may consider appropriate include the clerk of
the court, a public service employee at the court, a professional interpreter or the
telephone interpreter service but not a relative or friend of the aggrieved or
respondent.
55

Failure to comply with this section does not invalidate or otherwise affect a domestic
violence order.
Domestic violence order to include written explanation
(Section 85)
If a court makes a domestic violence order, the copy of the order served on the
respondent or given to the aggrieved must include a written explanation of the order.
The written explanation included in the copy served on the respondent and the
aggrieved must contain certain information mentioned in section 84.
Note to trainer: It may be useful to show participants a copy of the
explanation included on the order. http://www.courts.qld.gov.au/forms
56

Variation of domestic violence orders
Application for variation
(Section 86)
An application for a variation of a domestic violence order may be made to a court by:
the aggrieved or
the respondent or
a named person or
an authorised person for the aggrieved or
a person acting under another Act for the aggrieved, the respondent or a named
person, or
a police officer.
The application must
be in the approved form
state the grounds on which it is made
state the nature of the variation sought
if the applicant is not a police officer, be verified by the applicant by a statutory
declaration, and
be filed in the court.
Note to trainer: It may be useful to show participants a copy of the
application for variation of a domestic violence order.
http://www.courts.qld.gov.au/forms
The variation sought may relate to any aspect of the domestic violence order including,
for example:
a condition of the order
the duration of the order, and
the persons named in the order.
However, a variation sought by a named person, or a person mentioned in subsection
(1)(e) acting for a named person may relate only to:
the naming of the person in the order or
a condition of the order relating to the named person.
An application for a variation of a domestic violence order may be made only while the
domestic violence order is still in force.
57

Fixing of date, time and place for hearing
(Section 87)
If the applicant for the variation of the domestic violence order is a police officer, as
soon as practicable after the application is prepared, the police officer must prepare a
copy of the application that states the date, time and place for the hearing of the
application.
If the applicant for the variation of the domestic violence order is a person other than a
police officer, as soon as practicable after the application is filed in the court, the clerk
of the court must:
write on a copy of the application the date, time and place for the hearing of the
application and
give the copy of the application to:
o the applicant for the variation and
o the officer in charge of the police station nearest the place where the
respondent lives or was last known to live.
Service of application
(Section 88)
If the applicant for the variation of the domestic violence order is a person other than
the respondent, a police officer must personally serve the copy of the application
prepared on the respondent.
The copy of the application must state that if the respondent does not appear in court:
the court may hear and decide the application in the respondent's absence or
the court may issue a warrant for the respondent to be taken into custody by a
police officer if the court believes that it is necessary for the respondent to be
heard.
If the applicant for the variation is the respondent, a police officer must personally
serve the copy of the application on:
the aggrieved and
any named person who is affected by the application for the variation.
If an application for a variation of a domestic violence order is made by a police officer,
the application may be served on the respondent before the application is filed in the
court.
Copy of application must be given to aggrieved
(Section 89)
If the applicant for the variation is a person other than the aggrieved or the respondent,
the applicant must give a copy of the application to:
the aggrieved
any named person who is affected by the application for the variation and
58

the authorised person if they are an authorised person for the aggrieved that
applied for the domestic violence order.
Failure to comply with this section does not invalidate or otherwise affect an
application for a variation of a domestic violence order.
Particular applicants may ask clerk of court for hearing before respondent is
served
(Section 90)
The applicant, other than where the applicant is the respondent, may ask the clerk of
the court to arrange for the application to be heard by the court, before the application
is served on the respondent, for the purpose of the court making a temporary
protection order.
This section applies despite previous sections requiring service of the application to
vary.
When court can vary domestic violence orders
(Section 91)
A court may vary a domestic violence order:
on an application to vary it or
on its own initiative under section 42 or 43.
Before it varies a domestic violence order, the court must consider:
the grounds set out in the application for the protection order
the findings of the court that made the domestic violence order, and
whether a voluntary intervention order has previously been made against the
respondent and whether the respondent has complied with the order.
If the court varies a domestic violence order the court must make a copy of the
domestic violence order that states:
the details of the domestic violence order after the variation and
the conditions of the domestic violence order after the variation.
The copy of the domestic violence order prepared by the court is called the varied
order.
Considerations of court when variation may adversely affect aggrieved or
named person
(Section 92)
If the court considers that a variation proposed to be made to a domestic violence
order may adversely affect the safety, protection or wellbeing of the aggrieved or any
named person, the Act imposes obligations on the court to consider particular things.
59

The Act provides examples of variations that may adversely affect the safety,
protection or wellbeing of a person. These include:
a variation to reduce the duration of an order
a variation to remove a condition of an order, and
a variation to remove a named person from an order.
In considering whether to make the variation, the court must have regard to:
any expressed wishes of the aggrieved or named person
any current contact between the aggrieved or named person and the respondent
whether any pressure has been applied, or threat has been made, to the aggrieved
or named person by the respondent or someone else for the respondent, and
any other relevant matter.
The court may vary the order only if the court considers that the safety, protection or
wellbeing of the aggrieved or the named person would not be adversely affected by
the variation.
Hearing of application - appearance of respondent
(Section 93)
If a respondent appears before the court that is to hear and decide an application for a
variation of a domestic violence order, the court may:
hear and decide the application or
adjourn the application, whether or not it makes a temporary protection order or
dismiss the application without deciding it, in certain instances.
The court may dismiss the application without deciding it only if:
the applicant for the variation is a person other than the respondent
the applicant has not appeared
if the applicant is a police officer, no other police officer or service legal officer has
requested an adjournment, and
no other person eligible to apply for the variation has appeared.
The dismissal of an application does not affect the right of the applicant to make a
further application against the respondent.
Hearing of application — non-appearance of respondent
(Section 94)
If a respondent fails to appear before the court that is to hear and decide an
application for a variation of a domestic violence order and the court is satisfied that
the respondent has been served with a copy of the application, the court may:
hear and decide the application in the absence of the respondent or
adjourn the application, whether or not it makes a temporary protection order under
division 2 or
subject to section 156(1), order the issue of a warrant for the respondent to be
taken into custody by a police officer and brought before the court or
60

if the applicant is the respondent, dismiss the application without deciding it.
Police commissioner to be given copy of application for variation
(Section 95)
A court must not vary a domestic violence order unless it is satisfied that the police
commissioner has been given a copy of the application for the variation.
61

Duration of domestic violence orders
When does a domestic violence order start and end?
A domestic violence order takes effect on:
the day it is made or
if it is made while another domestic violence order against the respondent for the
benefit of the same aggrieved is in force, at the end of the existing order or on
another day decided by the court (section 96).
However, although a domestic violence order generally takes effect on the day it is
made, a respondent does not commit an offence by contravening an order unless the
respondent was present in court when the order was made, the order has been served
on the respondent or the respondent is told by a police officer about the existence of
the order. Police also need to state the conditions of the order to the respondent.
A protection order will continue until the earliest of the following:
the day stated by the court in the protection order and
the day that is two years after the day the protection order is made, unless the
court determines a longer period (section 97).
Section 98 details when a temporary protection order will end. This timing will vary
depending on the circumstances of each individual case.
62

Domestic and Family Violence
Protection Act (Qld) 2012
Police functions and powers (Part 4 of Act)
This section of the legislation includes the legislative responsibilities of police officers
when exercising their powers to investigate domestic violence matters. It also covers
the issue of a police protection notice, taking a person into custody, applying for an
urgent temporary protection order and other police powers.
What are the investigatory functions of a police officer?
The legislation provides that if a police officer reasonably suspects that domestic
violence has been committed, the police officer must investigate or cause to be
investigated the complaint, report or circumstance on which the officer’s reasonable
suspicion is based.
PowerPoint:
Functions of
police
officers
Depending on the findings of the investigation, the police officer may have a range of
possible responses (section 100) including to:
apply to the court for a protection order, or a variation of a protection order (Part 3
of Act)
issue a police protection notice (Division 2, Part 4 of Act)
take the respondent into custody (Division 3, Part 4 of Act)
apply to a magistrate for a temporary protection order (Division 4, Part 4 of Act)
take any other action appropriate in the circumstances (e.g. take a respondent to
hospital to receive treatment necessary for their welfare), and
take no further action - with appropriate written records to be made and retained to
document why this course of action is pursued.
The provisions of the Act do not limit the responsibility of the police officer to
investigate whether a criminal offence has been committed.
What are police protection notices?
In some situations, police officers can ensure the protection of a domestic violence
order is in place for the aggrieved in a timely way by:
PowerPoint:
Police
protection
notices
taking a perpetrator who is a continuing danger to personal safety into custody
while an application for a domestic violence order is made or
applying directly to a magistrate after hours, usually by telephone, for a temporary
protection order to be made.
There may be some circumstances where these responses are not appropriate such
as when it is not necessary to take a respondent into custody but where there may be
a continuing threat to the aggrieved’s safety. In these cases, a police officer can lodge
63

an application for a domestic violence order with a court. However, the person needing
protection will not have the protection of a domestic violence order until a court hears
the application, makes a domestic violence order and the domestic Violence order is
served on the respondent.
It may take some time for a court to consider the application, particularly in regional
areas where the court does not sit frequently. It can take even longer for the
respondent to be located by the police and served with the domestic violence order.
Accordingly, the legislation (section 101) provides a police officer with the power to
issue a police protection notice if the police officer:
is present at the same location as the respondent
reasonably believes the respondent has committed domestic violence
reasonably believes that no domestic violence order has been made or police
protection notice issued that:
o names the respondent as a respondent and another person involved in the
domestic violence mentioned above as the aggrieved or
o names the respondent as an aggrieved and another person involved in the
domestic violence mentioned above as the respondent.
Note: An existing domestic violence order will prevail in the event that a police
protection notice is issued while an existing domestic violence order is in place
and it is not possible to comply with both the police protection notice and the
existing domestic violence order (section 114).
reasonably believes that a police protection notice is necessary or desirable to
protect the aggrieved from domestic violence
reasonably believes the respondent should not be taken into custody, and
has obtained the approval of the supervising police officer to issue the notice as
required in Section 102 of the Act.
PowerPoint:
Police
protection
notices –
when can it
be made
A police protection notice provides an immediate response to domestic violence
incidents by enabling a police officer to issue and serve the notice on the respondent
at the scene of the incident. This means that the aggrieved will immediately have the
protection of the conditions of the notice that require the respondent to be of good
behaviour towards the aggrieved and not commit domestic violence. The police
protection notice is also taken to be an application for a protection order made by a
police officer.
The police protection notice issued by a police officer must:
include relevant contact details for the respondent and an address for the service
of documents
be in an approved form
include other prescribed information including:
o the grounds on which the police officer reasonably believes that domestic
violence has been committed
o the date and time for the hearing of the application for the protection order
at the local Magistrates Court for the respondent (in accordance with the
time limits specified in the legislation) and
o the implications should the respondent fail to appear before the court
(including the possible issue of a domestic violence order being made in the
respondent’s absence; adjournment and issuing of a temporary protection
order; or the issuing of a warrant for the respondent to be taken into
custody by a police officer).
PowerPoint:
Police
protection
notices –
conditions
and
information
64

The police protection notice must also state a standard condition that the respondent
must be of good behaviour towards the aggrieved and must not commit domestic
violence against the aggrieved.
The legislation provides a police officer with the option to impose a ‘cool down’
condition lasting no more than 24 hours which will prohibit the respondent from:
entering, attempting to enter, remaining at, or approaching within a stated distance
of a nominated premises (i.e. being a premises in which the respondent has a legal
or equitable interest; where the aggrieved and respondent live/lived together or
where the aggrieved lives)
approaching or attempting to approach within a stated distance of the aggrieved
and
contacting, attempting to contact or asking somebody else to contact the aggrieved
(section 107).
When serving a police protection notice on a respondent that includes a cool-down
condition, the police officer must also:
consider the accommodation needs of the respondent (and take reasonable steps
to ensure the respondent has access to temporary accommodation), and
if the police officer believes the respondent is a child, the police officer must
arrange temporary accommodation for the respondent, including transport
arrangements to the accommodation.
The legislation also includes other specific requirements in relation to police protection
notices, including how a police protection notice must be:
served
explained to the respondent and reasonable steps taken to ensure they understand
the notice and its consequences, and
filed in the local Magistrates Court.
Where a police protection notice has been issued and the court subsequently makes a
domestic violence order, the police protection notice continues until the order is served
on the respondent or otherwise becomes enforceable (for example, if a respondent
has been told that the order exists). Then the respondent will become bound by the
conditions imposed by the domestic violence order.
If the court makes a temporary protection order with the same conditions as the police
protection notice (other than the cool-down condition), the temporary protection order
is taken to have been served on the respondent when it is made so it is immediately
enforceable.
The police protection notice cannot work to protect an aggrieved unless there are
significant consequences for a respondent who does not comply with the conditions.
A respondent who breaches the conditions of a police protection notice commits an
offence that has a maximum penalty of 60 penalty units or two years imprisonment.
Police will also have the power to arrest a person without a warrant for contravening a
police protection notice.
65

What powers do the police have under the legislation to take a
person into custody?
Detention period
The detention provisions in the Act include:
a police officer is able to detain a respondent for up to eight hours if the person is
so intoxicated by drugs or alcohol that the respondent is incapable of
understanding the nature and effect of an order, application, or release conditions
(section 119); in other cases, the detention period is limited to up to four hours from
when the person is first taken into custody under section 116
a police officer is able to take a respondent to a ‘place of treatment’ such as a
hospital at any time during the detention period so any concerns about the
respondent’s health can be addressed (section 127)
a police officer is able to take a respondent to a ‘place of safety’ to receive the care
necessary to enable the person to recover safely from the effects of being
intoxicated (section 128)
a police officer is able to apply to a magistrate to extend the four hour detention
period to a total of eight hours when it is necessary to complete arrangements for
the safety of the aggrieved, or the respondent’s behaviour continues to present a
danger of personal injury or property damage (section 121 and 122), and
the maximum penalty for contravening release conditions is 12 months to 2 years.
PowerPoint:
Taking a
person into
custody
The powers of detention are needed for the following reasons:
to provide police with greater scope to ensure the safety of an aggrieved or a child
from any continuing danger that is suggested by the behaviour of the respondent
while in custody
to enable police to more effectively deal with situations where the respondent who
is detained is heavily intoxicated, which is relevant to the safety and wellbeing of
the respondent and other people in the community and to ensuring that the
respondent is capable of understanding any documents that are provided upon
their release, and
to encourage compliance with release conditions by making it clear that breach of
any conditions can result in severe penalties.
However, the Act contains a number of safeguards which help to ensure that these
additional powers are used appropriately:
before a respondent is taken into custody, a police officer must reasonably suspect
the respondent has committed domestic violence and either another person is in
danger of personal injury by the person, or property is in danger of being damaged
by the person (section 116)
a police officer must apply for a protection order (in which the person is named as
a respondent) as soon as reasonably practicable after a person is taken into
custody (section 118)
a respondent cannot be questioned about the person’s involvement in the
commission of an offence or suspected offence while being held in custody
(section 120):
o the purpose of this provision is to ensure that police only use the detention
powers for their intended purpose
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o the detention powers are intended to enable police sufficient time to
prepare the paperwork for an application and, if necessary, to apply to keep
a person in custody for up to four hours or eight hours, depending on the
circumstances (section 119)
o section 120 does not prevent a police officer from conducting a concurrent
criminal investigation, but a police officer should not be detaining a person
under the domestic violence laws just so he or she can have more time to
gather evidence for a criminal offence. A person’s detention must be
justified under the relevant provisions in Part 4, Division 3 of the Act, and
o if a police officer decides to question a person about a criminal offence, the
officer must release the person from the detention under Part 4 Division 3
at which point the relevant provisions of the Police Powers and
Responsibilities Act 2000 will apply. In some situations, when a police
officer is intending to question a person about an indictable offence, the
police officer can detain the person for the purposes of questioning.
However, any detention period under the Police Powers and
Responsibilities Act 2000 must be separate to, and differentiated from,
detention arising under the domestic violence legislation
a person must be released if a court hears an application for a protection order
during the detention period and dismisses the application or decides not to make
the order (section 125)
an application for an extension of the initial four hour detention period must be
made and brought to the attention of the magistrate, before the initial detention
period expires (section 121)
the person being detained, or their lawyer, must be advised of the application for
an extension and provided with an opportunity to present submissions to the
magistrate, provided this would not unduly delay the application (section 121)
a magistrate can only extend the initial detention period where the nature and
severity of the domestic violence incident requires the extension and the detention
is necessary to alleviate or address the relevant concerns held by the police officer
(section 122)
additional safeguards apply where a child is taken into custody (section 126):
o a child should only be taken into custody as a last resort and for the least
time justified in the circumstances
o the child must be held separately from any adults being held at the same
place, and
o a parent, unless a parent can’t be found, or the Chief Executive (child
safety) if the child is in the custody or guardianship of the Chief Executive
under the Child Protection Act 1999, must be notified that the child has
been taken into custody
The Police Powers and Responsibilities Regulation 2000 makes it clear that
detaining a person is an enforcement act and must be recorded in the register of
enforcement acts. This will give rise to additional safeguards in the Police Powers
and Responsibilities Act 2000 which include enabling people to access information
from the register.
PowerPoint:
Taking a
child into
custody
Where release conditions are imposed on a person released from custody and a
protection order is made by the court, the release conditions remain in force until the
domestic violence order is served or becomes otherwise enforceable.
If the court makes a temporary protection order in the same terms as the release
conditions, the temporary protection order is taken to have been served on the
respondent when it is made and is immediately enforceable.
67

What powers does a police officer have in relation to temporary
protection orders?
A police officer may apply for a temporary protection order against a person (section
129) in certain situations including if:
an application for a protection order against the person has been prepared
the police officer reasonably believes that the application for the protection order
will not be decided sufficiently quickly by a court to protect the aggrieved from
domestic violence, and
the police officer reasonably believes that a temporary protection order is
necessary or desirable to protect the aggrieved from domestic violence.
An application for a temporary protection order must be made to a magistrate.
A police officer who obtains a temporary protection order under the Act must prepare a
copy of the order in the approved form and file the copy in the court (section 132). A
police officer must also (section 133):
personally serve the copy of the temporary protection order on the respondent
(along with a copy of the application for the protection order), and
give a copy of the order to the aggrieved (along with a copy of the application for
the protection order).
What other powers does a police officer have under the Act?
The Act enables a police officer, in certain instances, to direct a person to remain at an
appropriate place in order for the police officer to serve the respondent with a copy of
an application or order, or to advise the respondent of the existence and conditions of
an order (section 134). The time for which the person may be directed to remain at the
appropriate place is one hour or a longer reasonably necessary time (having regard to
the circumstances).
PowerPoint:
Other police
powers
This power aims to overcome reported issues with serving documents on respondents,
particularly where the respondent cannot be located or is evading service.
Police who come across a respondent when conducting other duties such as random
breath testing may use this opportunity to ensure an order is enforceable if the officer
believes the respondent may not remain while the order is read out to them.
This power is intended to streamline police and court processes and reduce the
number of court adjournments that arise because an application has not been served
on the respondent. Most importantly, it is intended that there will be improvements in
the safety for victims of domestic violence by increasing the numbers of orders that
become enforceable.
Police will not have to use this power every time they attempt to serve a respondent;
only when the officer suspects the respondent will not cooperate to be served.
The provision complements the police power to issue a police protection notice by
requiring respondents to remain in the company of a police officer while the notice is
68

eing prepared and served. Again, a police officer may not need to use this power
every time as some respondents may be prepared to remain voluntarily.
The Act also provides a number of stringent safeguards on the use of this power. In
particular:
a person can only be directed to remain at a place that is appropriate
a police officer must remain in the presence of the person
the time for which a person can be directed to remain at a place is limited to one
hour or a longer period of time if this is reasonably necessary. In any event, a
police officer acting under this provision must act without unreasonable delay.
where the police officer does not have a copy of a court order, the provisions
enable a respondent to be told about the order and the conditions on the order.
This may involve, for example, organising for another police officer at the station to
read the conditions to the person over a radio or mobile phone.
a person must be warned that it is an offence not to comply with the direction to
remain, and
the offence of failing to comply with the direction carries a maximum penalty of 40
penalty units and no penalty of imprisonment.
69

Domestic and Family Violence
Protection Act (Qld) 2012
Court proceedings (Part 5 of Act)
This section of the Act includes jurisdictional matters; the practices and procedures
associated with court proceedings (e.g. including the rights of a person to appear in
court, their representation and the use of special witnesses); and the powers of the
court with respect to confidentiality and appeals processes.
What provisions are in the Act to provide Queensland courts
with jurisdiction on domestic violence matters?
PowerPoint:
Court
proceedings
The legislation provides the court with jurisdiction to hear and decide any application
made to the court under the Act and to perform any other function or exercise any
other power conferred on the court under the Act (section 136).
A Magistrates Court exercising jurisdiction under the Act must be constituted by a
Magistrate. However, a Magistrates Court constituted by two or more justices may deal
with certain applications (section 137).
This means that if an application is for a temporary protection order, including to vary a
temporary protection order or for the adjournment of a proceeding, then two justices
may hear the application and make the decision. A justice is a justice of the peace and
does not include a commissioner for declarations. This section can only apply if a
magistrate is not readily available.
If a person makes an application to a Magistrates Court and the respondent to the
application has some rights in relation to a shared rental property, the Magistrates
Court may make orders about the tenancy at the same time. Alternatively, the person
may make a separate application to the Queensland Civil and Administrative Tribunal
about the tenancy matter.
What measures are in the Act to help to address the needs of
victims of domestic violence when they are dealing with court
processes?
PowerPoint:
Witnesses
Evidence
Section 145 of the Act provides that in a proceeding under the Act, a court is not
bound by rules of evidence or any practices or procedures applying to courts of record.
Rather, the court can inform itself in any way it considers appropriate and rely on the
balance of probabilities to be satisfied of a matter. This means that the court need not
have the personal evidence of the aggrieved before making a domestic violence order
(section 145).
70

Representation
The legislation provides that a party to a proceeding under the Act may appear in
person or be represented by a lawyer (section 146). The Act also provides that a
police officer, police service legal officer or an authorised person for the aggrieved may
appear and act on behalf of the aggrieved in a proceeding (section 147).
A child, other than a child who is an aggrieved or respondent in a proceeding under
the Act, may only be called to give evidence with the leave of the court (section 148)
Protected witnesses
The Act provides for the aggrieved, a child, or a relative or associate of the aggrieved
who is named in the application, to be a protected witness (section 150).
When a protected witness is required to give evidence in a proceeding, the court must
consider whether to make an order for measures to minimise any fear or discomfort of
the protected person. A number of options are provided for the court to consider
including:
that the protected witness give evidence outside the courtroom via video link
that a screen is placed so the protected witness cannot see the respondent, and
any alternative arrangement the court considers appropriate can be ordered.
Restriction on cross-examination
The Act also restricts the ability of a self-represented respondent to cross-examine a
protected witness (section 151). Factors are outlined for the court to take into account
when considering whether to order that the respondent not cross-examine a protected
witness in person. These factors include:
that the cross-examination is likely to cause the protected witness to suffer
emotional harm or distress or
that the protected witness will be so intimidated that he or she will be
disadvantaged as a witness.
If the protected witness is a child, the court must make an order that the respondent
not cross-examine the protected witness in person (section 151). The respondent will
be required to advise the court by a stated date or time whether he or she has
arranged for a lawyer to act for them, or whether he or she has decided not to crossexamine
the protected witness.
Restriction on publication of information
In addition, the Act allows for courts to be closed/not open to the public (section 158)
and prohibits the publication of information that is likely to identify or lead to the
identification of a party, witness or child concerned in proceedings (section 159).
These provisions recognise the highly sensitive nature of domestic and family violence
and the fact that children are often involved in proceedings.
71

Who is a person ‘aggrieved’ for the purposes of the appeal
provisions?
PowerPoint:
Appeals
Section 164 of the Act states that a person aggrieved by a decision made under the
legislation can appeal against the decision.
A ‘person aggrieved by a decision’ may not necessarily be a party to the proceedings
which resulted in the making of a domestic violence order. For example, an associate
of an aggrieved may have a basis for appealing a decision if the court decides against
naming them on the order, even though the associate may not have been involved in
the original hearing. Ultimately, whether a person who is not a party to the proceedings
is a ‘person aggrieved by the decision’ is itself a decision for the appeal court.
What other powers does a court have under the Act?
A court hearing an application under the Act may issue a subpoena requiring the
attendance of the person before the court. The court may also require the person
either to take an oath or to make an affirmation (section 154). Any refusal or failure to
cooperate or comply under the subpoena, may be treated as contempt of court.
A subpoena may also be issued by the Registrar of the court.
The legislation also provides that a court may issue a warrant where the court believes
it appropriate that the respondent, or offender, be heard (section 156). If a person is
taken into custody under a warrant issued under the Act, then the provisions of the Bail
Act 1980 will apply to the person as if the person had been apprehended on a charge
of an offence.
PowerPoint:
Subpoenas
The court is required to notify the police commissioner regarding an application for or
granting of a domestic violence order (section 162). The court is also required to
contact the adult guardian in writing about the circumstances involving or the nature of
a domestic violence or associated domestic violence incident which may involve an
adult with impaired capacity (section 163).
Who bears the costs of a proceeding?
Each party to a proceeding for an application under the Act must bear the party’s own
costs for the proceeding. However, the court may award costs against a party who
makes an application that the court hears and decides to dismiss on the grounds that
the application is malicious, deliberately false, frivolous or vexatious (section 157).
What about adults with impaired capacity?
The Act contains a particular provision that allows the court to notify the Adult
Guardian in writing about the nature or circumstances of domestic violence or
associated domestic violence involving an adult with impaired capacity. The court may
exercise this power if it makes a domestic violence order and considers there was
domestic violence involving an adult with impaired capacity. This includes associated
domestic violence.
72

Domestic and Family Violence
Protection Act (Qld) 2012
Registration of interstate orders (Part 6 of Act)
This Part includes the legal requirements for registering an interstate order in
Queensland and how to vary or cancel a registered order.
How do I register an interstate order?
A person may apply, in an approved form, to the clerk of a Magistrates Court to
register an interstate order (section 170).
Note to trainer: It may be useful to provide participants with a copy of the form for
the registration of an interstate order. http://www.courts.qld.gov.au/forms
After the clerk of the court has obtained copies of the order and proof of service, the
clerk will:
register the interstate order or
refer the interstate order to the Magistrates Court for adaption or modification in a
way that the court considers necessary or desirable for its effective operation in
Queensland (section 172).
What is the effect of registration of an interstate order?
An interstate order can be registered for the period during which the order, as originally
made, is in force (section 172).
PowerPoint:
Registering
an interstate
order
A registered interstate order has the same effect as a protection order and may be
enforced against a person as if it were a protection order that had been personally
served on the person as a respondent (section 174).
An application may also be made to a court to:
vary a registered interstate order as it applies in Queensland
vary the period during which a registered interstate order has effect in its operation
in Queensland or
cancel the registration of an interstate order (section 175).
73

This application to vary or cancel an order may be made by:
the person who applied for the registration of the interstate order
the person for whose benefit the interstate order has been made
a person against whom the interstate order has been made or
an authorised person for the aggrieved and/or a police officer (section 174).
The applicant need not give notice of the application for registration to the person
against whom the order was made. The court may hear and determine the application
in the absence of the person against whom the interstate order was originally made.
The court cannot refuse to hear and determine the application merely because that
person has not been given notice of the application.
74

Domestic and Family Violence
Protection Act (Qld) 2012
Offences (Part 7 of Act)
What are the penalties for breaching a domestic violence
order?
The maximum penalties for breach offences are specified in the Act (section 177) as
follows:
PowerPoint:
Penalties for
breach
The general maximum penalty for the offence of contravening a Domestic Violence
Order is two years imprisonment or 60 penalty units ($6,000). This is also the
maximum penalty for the offences of contravening a police protection notice and
contravening release conditions.
Where a respondent has been convicted of an offence of contravening a domestic
violence order within the previous five years of an offence, the maximum penalty is
three years imprisonment or 120 penalty units. Three years is the maximum term
of imprisonment a Magistrates Court can impose for any criminal offence.
A respondent who breaches the conditions of a police protection notice commits an
offence that has a maximum penalty of 60 penalty units or two years imprisonment
(section 178).
A person who fails to comply with release conditions from custody commits an offence
with a maximum penalty of 60 penalty units or 12 months imprisonment (section 179).
The range of penalties will provide courts with greater scope to impose sentences
which reflect the range of behaviours and offending histories that come before the
court. The penalties will help to achieve one of the main objectives of the Act which is
to increase the accountability of perpetrators of domestic and family violence.
A proceeding for an offence against the Act must be started within one year after the
offence is committed or one year after the commission of the offence comes to the
complainant’s knowledge but within two years after the commission of the offence
(section 182).
How does the Act deal with repeat offenders?
The penalties do not include a mandatory imprisonment provision for repeat offenders.
However, where a respondent has been convicted of an offence of contravening a
domestic violence order within the previous five years of an offence, the maximum
penalty is three years imprisonment or 120 penalty units.
75

Sentencing guidelines have not been provided in the Act, given that the Penalties and
Sentences Act 1992 already sets out detailed sentencing principles for courts when
they are sentencing offenders.
Where a breach is constituted by serious criminal behaviour,
why should a court be limited to a maximum penalty of two or
three years when the penalty for the actual offence may be
significantly greater?
Certain behaviours which constitute breaches under the domestic violence legislation
can also constitute serious offences under the Criminal Code where the maximum
penalty exceeds the maximum penalty for a breach offence. For example, the offence
of ‘assault occasioning bodily harm’ carries a maximum penalty of seven years
imprisonment.
In these situations, it is expected that police officers will consider charging a Criminal
Code offence as well as the breach offence, where the evidence supports the Code
offence. There are several references in the Act to ensuring police consider criminal
options that may be available to them.
76

Domestic and Family Violence
Protection Act (Qld) 2012
Service and approved forms (Part 8 of Act)
This section of the Act includes legal requirements for the serving of orders/notices on
impacted parties and the use of approved forms.
The Act contains a number of general provisions which include the following.
Service requirements
A police officer may serve a document authorised or required to be served under
the Act on any day of the week including Good Friday and Christmas day (section
183).
A police officer must personally serve an order or varied order on a respondent.
Other provisions in the Act provide assistance to police in serving a respondent
who is attempting to evade service. For example, the Act authorises a police officer
to require a person to stay in a place for up to an hour so that the police officer can
serve the order on the person. Another example is that police can tell a person
about the order and the conditions of the order and the order will be taken to have
been served on the person.
PowerPoint:
Service
Orders made under the Act also need to be given to other people:
the court must give a domestic violence order to other persons including the
aggrieved, an applicant who is not the aggrieved or a police officer, each named
person and the police commissioner (section 185)
the court must also give a copy of a voluntary intervention order to the aggrieved
(section 186)
the court must give notice of an adjournment to a respondent who is not present in
court (section 187), and
if a document needs to be given to a person who is a child, the Act requires the
person responsible for giving the document to also give the document to a parent
of the child. The Act states that a child cannot be given a document at school
unless there is no other place to effect service on the child.
What happens if a document is not served or given as required
under the Act?
A failure to comply with these provisions does not invalidate or otherwise affect the
domestic violence order. However, a respondent cannot be prosecuted for breach of a
domestic violence order if they had not been served with the order or told about the
order and its conditions by a police officer.
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Approved forms
PowerPoint:
Forms
The Act provides for the making of approved forms for a number of purposes including:
application forms
notices about voluntary intervention orders, and
police protection notices.
As a general rule, a failure to use a prescribed form does not make the application or
process invalid. However, forms are created in such a way to ensure that all the
information that is required to be collected and given under the law, is included in the
form. A failure to provide all the information may mean that the court does not have
sufficient information to make a domestic violence order. It may mean that a person
has not been given sufficient notice about a matter and so cannot be charged with a
breach. The consequences of not using an approved form can be quite serious.
Approved forms change. It is important to always access the most current form.
Approved forms can be found on the Queensland Court website:
http://www.courts.qld.gov.au/forms
Note: Presenters of information contained in this package are advised to
periodically check the currency of the forms they are using to demonstrate various
provisions of the Act.
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Domestic and Family Violence
Protection Act (Qld) 2012
Transitional provisions and frequently asked
questions
If there is a current order that was made under the 1989 Act, is
it still enforceable?
Yes the order is enforceable under the 2012 legislation. The Act provides for the
continuation and/or recognition of activities undertaken before commencement of the
new Act. This means that a domestic violence order made or varied under the old Act
that was in force immediately before commencement of the new Act, will be viewed as
having been made or varied under the 2012 Act. The end date of the order will not
change unless a subsequent application is made to the court to vary the end date or
seek a new order.
PowerPoint:
List the
questions
What if I made an application before the 2012 Act commenced
but it has not yet been heard or finalised?
Your application will be taken to have been made under the 2012 Act if it had not yet
been finalised when the legislation commenced. This applies to a range of applications
including:
a domestic violence order
a variation or revocation of a domestic violence order under the repealed Act, and
a temporary protection order under the repealed Act.
If the domestic violence occurred prior to the commencement of the new Act, a court
may make an order under the new Act. A reference in section 42 of the Act to an
offence involving domestic violence includes an offence committed before the
commencement of that section. A reference to a child protection proceeding includes a
proceeding started before the commencement of the new Act.
If a court adjourned a protection order matter to a day after the commencement of the
new Act, the matter is taken to have been adjourned under section 42 of the Act.
What happens to my current registration of an interstate order
or my application to register an interstate order?
If you have applied to register an interstate order under the old repealed Act and this
has not been finalised, your application will be dealt with under the new Act.
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If you already have an interstate order registered or varied under the repealed Act, this
will be taken to have been registered or varied under the new Act, if the interstate
order is in force immediately before the commencement of the new Act.
What happens to summons, service of application and appeals
under the new Act?
These activities started under the 1989 Act, will be taken to have been done under the
new Act:
a summons issued under the old repealed Act is taken to be a subpoena under the
new Act
the service of a copy of an application, or another thing done in relation to the
application, before the commencement of the new Act, is taken to have been done
under the new Act, and
an appeal against an order or a decision under the repealed Act is taken to be an
appeal under the new Act, if the appeal had not been finally dealt with on
commencement of the new Act.
What will happen to a person taken into custody under the
repealed Act?
If a person is still in custody at the commencement of the new legislation, the person is
taken to have been taken into custody under the new Act. A similar approach will apply
if a person is on release on conditions under the repealed Act.
Do the restrictions on publication, obtaining documents and
provision of information apply under the new legislation?
Yes these do apply under the new legislation:
in relation to the application of restrictions on the publication of proceedings, a
reference in section 159 to a proceeding under the new Act includes a proceeding
under the repealed Act
in relation to the application of restrictions on obtaining copies of documents, a
reference in section 160 to a proceeding under the new Act includes a proceeding
under the repealed Act, and
if the court provided information to the adult guardian under section 31 of the
repealed Act, the court is taken to have provided the information under section 163
of the new Act.
Application of Act to “family violence”
The expression “domestic violence” has been used continuously, in the context of
Queensland domestic and family violence legislation, for over 20 years. It is an
expression which is readily used and understood by those who are involved in
administering the Act, including the courts, police officers, lawyers, and those who
work in domestic violence support services. Similarly, the expression “domestic
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violence order” is readily understood and has been used for the period of time that the
Act has been operating in Queensland.
The expressions “domestic violence” and “domestic violence order” also have legal
significance, and are repeatedly referred to, not only in Queensland domestic violence
legislation but also in other legislation including the Criminal Code and the Weapons
Act 1990.
The Act makes it clear that a family relationship is a relevant relationship for the
purposes of the legislation. The terms “family relationship” and “relative” are also
clearly defined so there can be no doubt that a person who comes within the family
relationship category can make an application for a domestic violence order if the
person is affected by violence occurring within the relationship.
Inclusion of examples and notes within the Act to assist reader
interpretation of the Act
The legislation contains specific examples, in some areas, to assist the reader to
interpret the legislation. Where a provision contains an example, the example is
generally not exhaustive and should not limit the meaning of the provision. The
example and provision are to be read in the context of each other, but if the example
and the provision are inconsistent, then the provision should prevail.
There are also several instances where notes are used in the legislation to
cross-reference parts of the Act or other legislation that may be relevant to a particular
provision or provisions.
Each case will be considered by the court on an individual basis. Similarly, an
application made under the legislation may or may not result in the making of a
domestic violence order.
How does the Act deal with the sharing of information and
orders between the Family Court and a Magistrates Court
hearing a domestic violence order application?
Queensland’s domestic violence legislation (Part 3, Division 7) imposes certain
requirements in relation to the relationship between domestic violence orders (State
jurisdiction) and family law orders (Commonwealth jurisdiction). For example:
a person who applies to a court to make or vary a domestic violence order must
inform the court about the family law order and give a copy of the order (if they
have one) to the court (section 77), and
before deciding whether to make or vary a domestic violence order, the court may:
o have regard to any family law order of which the court has been informed,
and
o if the family law order allows contact between a respondent and a child that
may be restricted under the proposed domestic violence order (or under a
varied order), then the Act requires the court to consider whether to
exercise the powers they are granted under the Family Law Act (Cth) 1975
to revive, vary, discharge or suspend a family law parenting order if there is
any inconsistency with the proposed protection order (section 78).
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The court must not diminish the standard of protection given by a domestic violence
order for the purpose of facilitating consistency with a family law order.
The legislation (Part 5, Division 4) also contains confidentiality provisions and includes
restrictions on a person publishing information given in evidence under a proceeding,
or information which can identify parties or other people who are connected with
proceedings – subject to some exceptions (section 159).
The Act (section 160) contains restrictions on persons obtaining records of a
proceeding under the Act or any document used or tendered in a proceeding under the
Act. However, this section does not apply to an Australian court (e.g. a court of the
Commonwealth or another State or Territory) if the copy of the record or document is
relevant to a proceeding before that court.
Section 121 of the Family Law Act 1975 (Cwlth) is the equivalent of relevant sections
within the Queensland legislation. Section 121(9) specifically allows for the
communication of matters arising in the Family Court proceedings to persons
concerned in proceedings in another court, including a State or Territory court.
Can the provisions in the legislation relating to naming
children on orders be used inappropriately by parties, for
example to gain an advantage in concurrent Family Court
proceedings?
The Family Law Act 1975 sets out how the court considers matters relating to children
when their parents separate. Information provided by the parties involved will be
considered by the court, including information about domestic and family violence.
Decisions of the Family Court will be based on the consideration of all of the
information before the court.
When courts consider making a domestic violence order, generally the overriding
consideration for the court in deciding whether to name a child on an order must be
that the safety, protection and wellbeing of people who fear or experience domestic
violence, including children, are paramount. Further the court only considers naming a
child after first deciding that there is enough evidence to be satisfied the respondent
has committed domestic violence against the aggrieved.
Where an aggrieved seeks an urgent temporary order before there is an opportunity to
serve a respondent, a child may be named on an order without the respondent having
an opportunity to challenge the allegations made in the application. Where this occurs,
the respondent has the opportunity to respond to the application at the next court
hearing.
The processes in the Act for hearing matters ensure that a respondent is provided with
an opportunity to respond to an application to name a child on an order, or to the court
where a decision has been made to name a child on a temporary protection order.
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Can the ouster provisions contained in the new legislation be
used inappropriately by parties, for example to gain an
advantage in concurrent Family Law proceedings?
Family Law
The Family Law Act 1975 sets out the general principles the court considers when
deciding financial disputes after the breakdown of a marriage or de facto relationship.
The principles include determining the value of assets and debts, and considering
direct and indirect financial contributions to the relationship, the non-financial
contributions and future requirements.
Decisions about property are made by the Family Court after all of the evidence is
heard and are based on what is just and equitable considering the unique facts of each
case.
Queensland legislation – responding to ouster conditions
A court hearing a domestic violence proceeding will not embark on a consideration of
the financial status of the parties, and in many situations this will be unclear at the time
a domestic violence order is made. The processes in the Act for hearing matters
ensure that a respondent is provided with an opportunity to respond to an application
for an ouster condition.
The Act provides that where an aggrieved seeks an urgent temporary order before
there is an opportunity to serve a respondent, an ouster condition may be made
without the respondent having an opportunity to challenge the allegations made in the
application. However, where this occurs, the ouster condition is only enforceable after
the respondent has been served. The respondent has the opportunity to respond to
the application at the next court hearing.
Financial and legal considerations
A court can make an ouster order on the application of the aggrieved or applicant or on
its own motion. Where the aggrieved or applicant makes the application, it is
anticipated that some consideration would be given to the ability of the aggrieved to
continue residing in the subject premises. If the court is considering making an ouster
condition, in most instances the aggrieved would have an opportunity to indicate to the
court whether it is viable for them to continue living in the premises.
The aggrieved is in the best position to ascertain whether or not he or she can
continue to make rent or mortgage payments. The aggrieved should not be required to
show that he or she has the capacity to maintain the property as this would be too
onerous and could severely restrict the use of ouster conditions.
In many situations, a respondent may also be legally obliged, under a rental or
mortgage contract, to continue to make the rent or mortgage payments, even though
he or she may no longer reside in the subject premises.
The requirement for the court to provide reasons will ensure there is transparency in
how the considerations have been applied in the decision-making process.
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Where can I get further information?
Services
An increasing number of agencies in Queensland are now offering services that
provide information, referral, counselling and support for people impacted by domestic
and family violence. People wishing to learn more may wish to consult their local
telephone book or search online for services located in their region. The Queensland
Centre for Domestic and Family Violence Research (CDFVR) website
www.noviolence.com.au has details, including hyperlinks, for a wide range of support
services.
Statewide Services
DVConnect
Womensline 1800 811 811
Womensline assists women to obtain refuge accommodation, counselling and referral
to other services
Mensline 1800 600 636
Mensline provides counselling, information and referral to men affected by domestic
and family violence
Aboriginal and Torres Strait Islander Women’s Legal and Advocacy Service
Brisbane 3392 3177 / Statewide 1800 442 450
Adult Guardian
Brisbane 3234 0870 / Regional 1300 653 187
Caxton Legal Service
3254 1811
Child Safety After Hours
(24 hours) 1800 177 135 (for concerns about children)
Disability Information and Awareness Line (DIAL)
Brisbane callers 3224 8444 / Toll free 1800 177 120
TTY Brisbane callers 3224 8021 / TTY Toll free 1800 010 222
Elder Abuse Prevention Unit Helpline
1300 651 192 (Monday to Friday 9am-5pm)
Kids Helpline
1800 55 1800
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Lifeline
13 11 14 (24 hour Crisis Counselling Line)
Legal Aid Queensland
1300 651 188
Public Trustee
1300 651 591
Residential Tenancies Tribunal
1300 366 311
Seniors Advocacy Information and Legal Service
3254 0684
Seniors Enquiry Line
1300 135 500 / TTY 3250 1928
Statewide Sexual Assault Helpline
24 hour service 1800 010 120
Women’s Legal Service
Brisbane 3392 0670 / Regional 1800 677 278
Regional areas
Domestic and family violence regional services provide support, counselling, referral
and information to people affected by domestic and family violence.
Brisbane
Cairns
Caboolture
Emerald
Gold Coast
Mackay
3217 2544
4033 6100
5498 9533
4982 4288
5532 9000
4957 3888
Ipswich
Roma
Logan City
Toowoomba
Sunshine Coast
Townsville
3816 3000
4622 5230
3808 5566
4639 3605
5430 9300
4721 2888
Further information
Freecall: 13 GOV (13 74 68) or www.qld.gov.au/domesticviolence
National Relay Service
If you are deaf, or have a hearing impairment or speech impairment, contact the
National Relay Service on: TTY users phone TTY/voice calls 133 677 or Speak and
Listen users phone 1300 555 727
Translator Interpreter Service National
If you require an interpreter, phone TIS National to use an interpreter immediately
over the phone 131 450.
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Useful information/publications
Department of Communities, Child Safety and Disability Services
Increasing your safety: Information for people who experience abuse and violence in
relationships.
This booklet contains information for people who experience domestic and family
violence.
Stopping abuse and violence: Information for people who use abusive and violent
behaviour in relationships.
This booklet has helpful information for people who use abuse and violence in
relationships.
Support someone who is experiencing domestic and family violence.
This brochure provides information and tips to people who know someone
experiencing domestic and family violence.
Visit: www.qld.gov.au/domesticviolence
Voluntary intervention order fact sheets
Guidelines for magistrates
Approved procedures
The Queensland Centre for Domestic and Family Violence Research (CDFVR)
Fact sheets
Effects of domestic and family violence on:
o babies and toddlers
o children 4 - 12 years
o young people
Fact sheet for women “Everyone has the right to feel safe in their own home”
Non-physical abuse “Are you living in a respectful relationship”
Domestic violence goes to work
Adolescent to parent abuse
Professional development DVDs
Council of Australian Governments’ National Plan to Reduce Violence against
Women and their Children
Educating young people about ethical respectful relationships
Red Dust Healing
CDFVRe@der – a quarterly publication
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Useful websites and links
Department of Communities, Child Safety and Disability Services
www.qld.gov.au/domesticviolence
Queensland Police Service
www.police.qld.gov.au
Department of Justice and Attorney-General
www.justice.qld.gov.au
DVConnect
www.dvconnect.org
Queensland Centre for Domestic and Family Violence Research (CDFVR)
www.noviolence.com.au
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