Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 - SECT 12D

12D Children as applicants and respondents generally

(1) Subject to this section, a person who is a child may be named as the aggrieved or the respondent in a domestic violence order.

(2) However, the child may be named as the aggrieved or the respondent only if a spousal relationship, intimate personal relationship or informal care relationship exists between the child and the other party named in the domestic violence order.

(3) Subsection (2) does not limit the interstate orders that may be registered under part 3, division 3.

(4) If the child is under 16 years, a person responsible for giving a document to the child--

(a) must also give a copy of the document to a parent of the child; and
(b) must not give the document to the child at or in the vicinity of the child's school, unless there is no other place where service may be reasonably effected.

(5) If the child is at least 16 years, a person responsible for giving a document to the child--

(a) must not give a copy of the document to a parent of the child unless the court orders it to be given to the parent; and
(b) must give the document to the child as discreetly as practicable.

(6) To the extent that subsection (4) or (5) is inconsistent with section 85, that subsection prevails.

(7) In this section--

other party, in a domestic violence order, means--

(a) in relation to an aggrieved--the respondent or any 1 of the respondents named in the domestic violence order; or
(b) in relation to a respondent--the aggrieved named in the domestic violence order.

parent, of a child, see the Child Protection Act 1999, section 11.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]