Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 - SECT 55

55 Duty of magistrate upon application under s 54

A magistrate to whom an application for a temporary protection order is made under section 54 shall reduce the particulars of the application, as conveyed by the applicant, to writing in or to the effect of the approved form, and--

(a) if the magistrate makes the temporary protection order, shall--
(i) complete and sign the order; and
(ii) record on the order the factors that cause the magistrate to be satisfied that a protection order could properly be made by a court under section 20; and
(iii) inform the applicant, by telephone, facsimile, telex, radio, or other similar facility, of the terms of the order and the time and place at which it is to be returned before a court; and
(iv) as soon as is practicable, cause the written particulars of the application as conveyed by the applicant and the order referred to in subparagraph (i) to be given to the clerk of the court at the place where the order is to be returned; and
(v) cause a copy of the order referred to in subparagraph (i) to be given to the commissioner; or
(b) if the magistrate refuses the temporary protection order, shall--
(i) reduce to writing the reasons for the refusal; and
(ii) as soon as is practicable, cause the written particulars of the application as conveyed by the applicant and the written reasons for the refusal to be given to the clerk of the court at the place where there is filed an application for a protection order against the respondent.


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