Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Definitions
   3A.     Main purpose of Act
   4.      References to court and when justices may exercise power
   5.      Meaning of possession
   6.      Meaning of premises
   7.      Meaning of property
   9.      Meaning of court being satisfied

           Part 2--Explanation of how domestic violence is dealt with under this Act

   10.     Purpose of this part
   11.     What is domestic violence
   11A.    Relationships that are domestic relationships for this Act
   12.     What is a spousal relationship and who is a spouse
   12A.    What is an intimate personal relationship
   12B.    Meaning of family relationship and relative
   12C.    What is an informal care relationship
   12D.    Children as applicants and respondents generally
   12E.    Child who is a party but is not represented
   12F.    Who is an aggrieved and who is a respondent
   13.     What assistance can a court give to prevent domestic violence?
   14.     Who can apply for a protection order?
   14A.    Court to explain order to aggrieved or respondent before the court
   15.     Who can a domestic violence order protect?
   16.     When can a court make a domestic violence order?
   17.     What are the conditions of a domestic violence order?
   17A.    What happens if circumstances change after domestic violence order is made?
   18.     What can happen if a respondent does not comply with an order
           Part 3 Domestic violence orders--powers of court

           Division 1--Powers of courts to make domestic violence orders

   20.     Power of court to make order to protect person with a domestic relationship against domestic violence
   21.     Power of court to make orders to protect relatives or associates of aggrieved against violence etc.
   22.     Protection order must include standard condition to be of good behaviour etc.
   23.     Weapons Act to apply to respondents otherwise exempt
   24.     Matters relating to weapons
   25.     Court may impose other conditions
   25A.    Orders under s 25 that include ouster condition
   26.     Special condition for thing that has been used as a weapon
   29.     Domestic violence orders must include information about weapons
   30.     Power of court if person pleads or is found guilty of related offences
   31.     Court may inform other entities about matters of concern
   33.     Court may make domestic violence order by consent
   34.     Start of domestic violence orders
   34A.    Duration of protection orders
   34B.    Duration of temporary protection orders
   35.     Variation of domestic violence order
   36.     Revocation of orders
   37.     Commissioner must be given notices of applications to vary or revoke
   38.     Conferral of jurisdiction
   39.     Court may summons person to attend
   39AA.   Court may set aside a summons

           Division 2--Powers of court and magistrates to make temporary protection orders

   39A.    Act of domestic violence necessary before particular temporary protection orders made
   39B.    Form of temporary protection orders
   39C.    Temporary protection order because of adjournment
   39D.    Court may make temporary protection order without proof of service in certain circumstances
   39E.    Temporary protection order when cross application made
   39F.    Court may make temporary protection order when considering variation of domestic violence order
   39G.    Temporary protection order for application under s 54
   39H.    Court may make temporary protection order relating to respondent being released from custody on conditions under s 71

           Division 3--Registration of interstate orders

   40.     Application to register interstate order in Queensland
   41.     Clerk to obtain copies of order and proof of service
   42.     Registration of interstate order
   43.     Duty of clerk after order is registered
   44.     Effect of registration of interstate order
   45.     Variation etc. of registered interstate order
   46.     Applicant need not notify person against whom interstate order was made

           Division 4--Relevant orders under Family Law Act 1975 (Cwlth) and Family Court Act 1997 (WA)

   46A.    Definitions for div 4
   46B.    Disclosure of existence of relevant family protection order
   46C.    Court to consider relevant family contact order etc.

           Part 4--Procedural provisions

           Division 1--Procedures to be followed by court on applications for protection orders

   47.     Service of application on respondent may be accompanied by summons
   48.     Appearance of respondent
   49.     Non-appearance of respondent
   50.     Court to ensure respondents and aggrieveds understand domestic violence orders
   51.     Application for revocation or variation
   52.     Duty of clerk of court to give certain notices to commissioner
   53.     Procedure if person found guilty etc. of related offence

           Division 2--Police may apply for temporary protection order in certain circumstances

   54.     Applications by telephone, facsimile etc.
   55.     Duty of magistrate upon application under s 54
   56.     Duty of police officer for s 54 order
   57.     Return date of temporary protection order

           Division 3--Other procedural provisions

   58.     Service of court orders
   59.     Provisions concerning warrants
   60.     Police officer or authorised person may represent aggrieved
   61.     Court may not award costs except if application malicious etc.
   62.     Concurrent and other proceedings
   62A.    Procedural provisions for tenancy application

           Part 5--Appeals

   63.     Appeals
   64.     Institution of appeal
   64A.    Commissioner has right to appear and be heard on appeal
   65.     Nature of appeal
   66.     Decision on appeal

           Part 6--Police functions and powers

   67.     Police action relating to domestic violence
   69.     Presence at domestic violence incident
   70.     Duty of police officer who has taken a person into custody under s 69
   71.     Police officer must apply for protection order etc.
   72.     Duty of police officers to apply for protection order in certain circumstances
   75.     Entry of registers
   78.     Acting in aid of police powers

           Part 7--Miscellaneous provisions

   80.     Breach of order or conditions
   81.     Courts to be closed
   81A.    Child not to be witness or swear affidavit
   82.     Restriction on publication of proceedings
   83.     Prosecution of proceedings
   84.     Evidentiary provision
   85.     Service etc. of documents
   86.     Exclusion of right to compensation—liability at law
   87.     Approved forms
   89.     Regulation-making power

           Part 8--Transitional

           Division 1--Transitional provisions for Domestic Violence (Family Protection) Amendment Act 1992

   90.     Interpretation
   91.     Instruments, documents, decisions and orders to continue with certain changes
   93.     Higher courts may deal with pending matters
   94.     Standard conditions not part of orders under old Act
   95.     Disposal of weapons seized under old Act

           Division 2--Transitional provisions for Domestic Violence (Family Protection) Amendment Act 1999

   96.     Temporary protection orders to continue to have effect

           Division 3--Transitional provisions for Domestic Violence Legislation Amendment Act 2002

   97.     Definitions for div 3
   98.     New Act to the extent it relates to intimate personal, family or informal care relationships does not apply to domestic violence etc. committed only before the commencement
   99.     Revocations and suspensions of weapons licence before commencement and retention of weapons for earning a livelihood
   100.    References to terms in old Act to be read as references in new Act
           SCHEDULE DICTIONARY
           Endnotes