Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if a court makes an order under section 25 that includes an ouster condition.
(2) The premises that may be stated in an ouster condition of the order include--
(a) premises where the aggrieved and respondent live together or previously lived together; and
(b) premises where the aggrieved or a named person resides, works or frequents.
(3) In imposing the ouster condition, the court must consider including in the order another condition allowing the respondent--
(a) if the respondent is no longer at the premises--to return to the premises to recover stated property; or
(b) if the respondent is at the premises--to remain at the premises to remove stated property.
(4) For another condition under subsection (3), the court must state in the order--
(a) if the respondent is present in court when the order is made--
(i) the time at which, without breaching the order, the respondent may return to the premises and then must leave the premises; or
(ii) for how long the respondent may, without breaching the order, continue to remain at the premises; or
(b) if the respondent is not present in court when the order is made--
(i) the time at which, without breaching 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
(ii) for how long the respondent may, without breaching the order, remain at the premises based on the time of service of the order on the respondent.
Example for paragraph (b)(i)--
The respondent may, without breaching this order, return to the premises at noon on the day after the day this order is served on the respondent by a police officer. If the respondent chooses to return to the premises under the order, the respondent must leave the premises no later than 2p.m. on the same day.
(5) Before the court makes an order that includes an ouster condition, or another condition under subsection (3), the court must consider each of the following--
(a) the extent to which a matter mentioned in an order must be subject to the supervision of a police officer;
(b) if a police officer is to supervise a matter, the need to include in the order a condition that the respondent must not approach within a stated distance of the stated premises.