Queensland Consolidated Acts

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

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 - SECT 54

54 Applications by telephone, facsimile etc.

(1) A police officer may, by way of telephone, facsimile, telex, radio or other similar facility, apply under this section for a temporary protection order to a magistrate if--

(a) the police officer may, under section 67(2), make an application for a protection order, and believes that because of distance, time or other circumstances, it is not practicable for an application made to a court, or to be made to a court, to be heard and determined quickly; or
(b) the police officer may, under section 71(2), make an application under this section; or
(c) the police officer must, under section 72(2), make an application under this section.

(3) Before making the application, the police officer (if an application for a protection order has not already been made to a court) must prepare a form of application for a protection order under this section.

(4) The police officer must inform the magistrate of the particulars of the application.

(5) A magistrate with whom contact is made by a person claiming to be a police officer applying for a protection order under this section is entitled to presume that--

(a) the person is who and what the person claims to be; and
(b) the provisions of this section have been complied with.

(6) The form of application for a protection order completed under subsection (3) is to be filed in the office of the clerk of the court--

(a) at the place where the order sought, when made, is to be returned; or
(b) if such order is not made, would be returned were it made.

(7) On the filing of the form of application, an application for a protection order is taken to be made to the court at that place.



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