Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 - SECT 50

50 Court to ensure respondents and aggrieveds understand domestic violence orders

(1) If a person is before a court that is about to make a domestic violence order for which the person is the respondent, the court must ensure the respondent understands the following--

(a) the purpose, terms and effect of the proposed order, including, for example, that--
(i) the order may be enforceable in other States, Territories and New Zealand without further notice to the respondent; and
(ii) 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;
(b) what may follow if the respondent does not comply with the terms of the proposed order;
(c) that the respondent may apply for revocation or variation of the order.

(2) If a person is before a court that is about to make a domestic violence order for which the person is the aggrieved, the court must ensure the aggrieved understands the following--

(a) the purpose, terms and effect of the proposed order, including, for example, that the order may be enforceable in other States, Territories and New Zealand;
(b) that the aggrieved may apply for revocation or variation of the order.

(3) The process that a court adopts to ensure a respondent understands the matters mentioned in subsection (1), or an aggrieved understands the matters mentioned in subsection (2), 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--
1 The court may arrange for the clerk or a public service employee at the court, to explain the order to an aggrieved or respondent.
2 A local interpreter or the telephone interpreter service may be used to explain the order to an aggrieved or respondent.
3 Explanatory notes prepared for aggrieveds or respondents, including non-English speakers, may be given to an aggrieved or respondent.
4 The court may arrange with a community government under the Local Government (Community Government Areas) Act 2004, indigenous regional council under the Local Government Act 1993, community justice group or group of elders for someone to explain the order to an aggrieved or respondent.

(4) Failure to comply with this section does not affect the validity of the domestic violence order.



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