DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - As at 18 March 2024 - Act 5 of 2012
- As at 18 March 2024
- Act 5 of 2012
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
- 1 Short title
- 2 Commencement
Division 2 - Main objects
- 3 Main objects
- 4 Principles for administering Act
Division 3 - Interpretation
PART 2 - OPERATION OF ACT
Division 1 - Preliminary
Division 3 - Relevant relationships
- 13 Meaning of relevant relationship
- 14 Meaning of intimate personal relationship
- 15 Meaning of spousal relationship
- 16 Meaning of parent
- 17 Meaning of engagement relationship
- 18 Meaning of couple relationship
- 19 Meaning of family relationship and relative
- 20 Meaning of informal care relationship
Division 4 - Overview
- 21 Who is an aggrieved and who is a respondent
- 22 Child as aggrieved or respondent
- 22A Who is the person most in need of protection in a relevant relationship
- 23 What orders can a court make to prevent domestic violence
- 24 Who can a domestic violence order protect
- 25 Who can apply for a protection order
- 26 When can a court make a protection order
- 27 When can a court make a temporary protection order
- 28 What are the conditions of a domestic violence order
- 29 What happens if circumstances change after a domestic violence order is made
- 30 What can happen if a respondent does not comply with a domestic violence order
- 31 What is the effect of an order made in another State or New Zealand
Division 1 - Protection orders
- 32 Application for protection order
- 33 Fixing of date, time and place for hearing
- 34 Service of application
- 35 Copy of application must be given to aggrieved
- 36 Applicant may ask clerk of court for hearing before respondent is served or without giving verification declaration
- 36A Court must be given respondent’s criminal history and domestic violence history
- 37 When court may make protection order
- 38 Hearing of application—appearance of respondent
- 39 Hearing of application—non-appearance of respondent
- 40 Hearing of application—before respondent is served
Division 1A - Cross applications
- 41 Definitions for division
- 41A Application of particular provisions
- 41B Parties must disclose cross applications
- 41C Hearing of applications—cross applications before same court
- 41D Hearing of applications—cross applications before different courts
- 41E Hearing of applications—unreasonable notice of cross application
- 41F Hearing of application—existing protection order
- 41G Deciding cross applications
Division 1B - Domestic violence orders in criminal and child protection proceedings
- 42 When court on its own initiative can make or vary order against offender
- 43 When Childrens Court can make or vary order against parent of a child
Division 2 - Temporary protection orders
- 44 When court may make temporary protection order
- 45 Matters court must be satisfied of
- 46 Standard of evidence
- 47 Temporary protection order when respondent has not been served
- 47A Temporary protection order when applicant unable to give declaration
- 48 Temporary protection order in relation to application for variation
- 49 Temporary protection order in relation to particular adjourned applications
- 50 Form of temporary protection order
Division 3 - Consent orders
Division 4 - Naming persons in domestic violence orders
- 52 Naming relative or associate of aggrieved
- 53 Naming child
- 54 When court must consider naming child
- 55 Power of court to obtain information about child
- 56 Domestic violence order must include standard conditions
- 57 Court may impose other conditions
- 58 Conditions relating to behaviour of respondent
- 59 Conditions relating to recovery of personal property
- 60 Contact by lawyer not prohibited
- 61 Contact by victim advocate not prohibited
- 62 Condition limiting contact between parent and child
- 63 Ouster condition
- 64 Ouster condition relating to aggrieved’s usual place of residence
- 65 Return condition
- 66 Supervision by police officer of ouster condition or return condition
- 67 Condition for protection of unborn child
Division 6 - Intervention orders
- 68 Definition for div 6
- 69 Court may make intervention order
- 70 Intervention order to be explained
- 71 Respondent to agree to making or amending of intervention order
- 72 Assessment of suitability of respondent
- 73 Contravention of intervention order
- 74 Notice of completion
- 75 Approval of providers and intervention programs
Division 7 - Relationship between domestic violence orders and family law orders
76. (Repealed)
- 77 Applicant must disclose family law order
- 78 Court must consider family law order
Division 8 - Weapons
Note—
- 79 Definition for div 8
- 80 Court must consider matters relating to weapons
- 81 Condition relating to thing used as a weapon
- 82 Domestic violence order must include information about weapons
- 83 No exemption under Weapons Act
Division 9 - Explanation of domestic violence orders
- 86 Application for variation
- 87 Fixing of date, time and place for hearing
- 88 Service of application
- 89 Copy of application must be given to aggrieved
- 90 Particular applicants may ask clerk of court for hearing before respondent is served or without variation declaration
- 90A Court must be given respondent’s criminal history and domestic violence history
- 91 When court can vary domestic violence order
- 92 Considerations of court when variation may adversely affect aggrieved or named person
- 93 Hearing of application—appearance of respondent
- 94 Hearing of application—non-appearance of respondent
- 95 Police commissioner to be given copy of application for variation
PART 4 - POLICE FUNCTIONS AND POWERS
Division 1 - Investigatory function
Division 2 - Power to issue police protection notice
- 101 Police officer may issue police protection notice
- 101A When police officer must issue police protection notice
- 101B Naming persons in police protection notice
- 102 Approval of supervising police officer required
- 103 Cross-notice not permitted
- 104 Contact details and address for service
- 105 Form of police protection notice
- 106 Standard conditions
- 106A Other conditions
- 107 Cool-down condition
- 107A No-contact condition
- 107B Ouster condition
- 107C Return condition
- 107D Relationship between police protection notice and family law order
- 108 Police officer must consider accommodation needs
- 109 Service of notice on respondent
- 109A Giving copy of notice to aggrieved
- 110 Explanation
- 111 Filing
- 112 Police protection notice taken to be application for protection order
- 113 Duration
- 114 Existing domestic violence order
Division 3 - Power to take person into custody
- 115 Definition for div 3
- 116 Police officer may take person into custody
- 117 Person must be taken to holding cell or watch-house
- 118 Police officer must apply for protection order
- 119 Detention period limited
- 120 Person not to be questioned about offence
- 121 Police officer may apply for extension of detention period
- 122 When detention period may be extended
- 123 Extended detention period limited to 8 hours
- 124 Release of person from custody
- 125 When police officer must release person on conditions
- 126 Particular safeguards for detention of child
- 127 When person may be taken to place for treatment
- 128 When intoxicated person may be taken to place of safety
Division 4 - Power to apply for urgent temporary protection order
- 129 When police officer may apply for temporary protection order
- 130 Making of application
- 131 When magistrate may make temporary protection order
- 132 Form of temporary protection order
- 133 Service
Division 5 - Power to direct person to remain, or move to and remain, at place
- 134 Application of division
- 134A Power to give direction
- 134B Limits on direction
- 134C Offence warning
- 134D Person not to be questioned about offence
- 134E Responsibilities of police officer in relation to direction
- 134F Offence to contravene direction
Division 6 - Acting in aid of police powers
- 135 Acting in aid of police powers
PART 5 - COURT PROCEEDINGS
Division 1 - Jurisdiction
- 136 Conferral of jurisdiction
- 137 Constitution of Magistrates Court
- 138 Concurrent criminal proceeding
- 139 Tenancy application may be made in Magistrates Court
- 140 Tenancy application may be removed to Magistrates Court
- 141 Procedures applicable to tenancy applications before Magistrates Court
Division 2 - Practice and procedure
- 142 Procedure for proceeding under this Act
- 142A Use of audio visual links or audio links—Magistrates Court
- 143 Application of usual laws where necessary
- 144 Directions
- 145 Evidence
- 146 Right of appearance and representation
- 147 Representation of aggrieved
- 148 Child can not be compelled to give evidence
- 149 Child must be allowed to obtain legal representation
- 150 Protected witnesses
- 151 Restriction on cross-examination in person
- 152 Special witnesses
- 153 Electronic documents
Division 3 - Other powers of court
- 154 Court may issue subpoena
- 155 Power of court if failure to cooperate under subpoena
- 156 Provisions concerning warrants
- 157 Costs
Division 3A - Reopening proceedings
- 157A Reopening particular proceedings decided in respondent’s absence
- 157B Effect of decision to reopen proceeding
- 157C Rehearing reopened proceeding
Division 4 - Confidentiality
- 158 Court to be closed
- 159 Prohibition on publication of certain information for proceeding
- 160 Prohibition on obtaining copies of documents for proceeding
- 160A Court may make order about disclosure of, or aggrieved’s access to, respondent’s criminal history or domestic violence history
- 161 Research
- 162 Notification of police commissioner
- 163 Notification of public guardian
Division 5 - Appeals
- 164 Who may appeal
- 165 How to start appeal
- 166 Effect of appeal on decision
- 167 Police commissioner has right of appearance
- 168 Hearing procedures
- 169 Powers of appellate court
PART 5A - INFORMATION SHARING
Division 1 - Preliminary
Division 2 - Information sharing
- 169D Sharing information for assessing domestic violence threat
- 169E Sharing information for responding to serious domestic violence threat
- 169F Police officer may refer person to specialist DFV service provider
- 169G Permitted uses of shared information
- 169H Who may give or receive information on behalf of entity
- 169I Facts or opinion may be shared
- 169J Limits on information that may be shared
Division 3 - Confidentiality of shared information
- 169K Confidentiality of information obtained under this part
- 169L Police use of confidential information
Division 4 - Guidelines for sharing and dealing with information
- 169M Chief executive must make guidelines
Division 5 - Protection from liability for giving information
- 169N Protection from liability for giving information
- 169O Interaction with other laws
PART 6 - NATIONAL RECOGNITION OF DOMESTIC VIOLENCE ORDERS
Note—
Division 1 - Preliminary
- 170 Object of part
- 171 Definitions for part
- 172 Meaning of local order
- 173 Meaning of interstate order
- 174 Meaning of registered foreign order
- 175 Meaning of properly notified
- 176 Special provisions for registered foreign orders
Division 2 - National recognition of DVOs
Subdivision 1 - General principles
- 176A Interstate and foreign DVOs are recognised interstate orders
- 176B Recognised interstate order prevails over earlier comparable DVOs
- 176C Making of new orders
Subdivision 2 - Enforcement of recognised interstate orders
- 176D Recognised interstate order may be enforced
- 176E Penalty for contravention
- 176F Licences, permits and other authorisations
- 176G Orders for costs
Division 3 - Variation and revocation of recognised interstate orders
Note—
- 176H Power of court to vary recognised interstate orders
- 176I Application for variation of recognised interstate order
- 176J Decision about hearing of application
- 176K When recognised interstate order is taken to be revoked
Division 4 - Registration, and variation and revocation of registration, of New Zealand orders
- 176L Application to register New Zealand order in Queensland
- 176M Clerk of court to obtain copies of order and proof of service
- 176N Registration of New Zealand order
- 176O Duty of clerk of court after order is registered
- 176P Variation or revocation of registered New Zealand order
- 176Q Applicant need not notify respondent to New Zealand order
Division 5 - Exchange of information
- 176R Obtaining information about interstate orders
- 176S Clerk of court must provide DVO information
- 176T Information to be provided to law enforcement agencies
Division 6 - Miscellaneous
- 176U Certificate evidence—notification
PART 7 - OFFENCES
- 177 Contravention of domestic violence order
- 178 Contravention of police protection notice
- 179 Contravention of release conditions
- 180 Aggrieved or named person not guilty of offence
- 181 Prosecution of offences
- 182 When proceeding for offence to be heard summarily may be started
PART 8 - GENERAL
Division 1 - Service
- 183 Service allowed on all days
- 184 Service of order on respondent
- 184A Substituted service
- 185 Court to give domestic violence order to other persons
- 186 Court to give intervention order to aggrieved
- 187 Court to give notice of adjournment to absent respondent
- 188 Giving of document to child
Division 2 - Miscellaneous provisions
PART 9 - REPEAL PROVISION
PART 10 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provisions for Act No. 5 of 2012
- 195 Definitions for division
- 196 Domestic violence order to continue to have effect
- 197 Application for protection order
- 198 Domestic violence committed before commencement
- 199 Offences committed before commencement
- 200 Child protection proceedings started before commencement
- 201 Adjournment of matter of making protection order by court on its own initiative
- 202 Summons to attend
- 203 Application to register interstate order
- 204 Registered interstate order to continue to have effect
- 205 Application for variation of domestic violence order
- 206 Application for revocation of domestic violence order
- 207 Application by police for temporary protection order
- 208 Service and other things done in relation to continued applications
- 209 Appeal
- 210 Person taken into custody
- 211 Restriction on publication of proceedings
- 212 Restriction on obtaining copies of documents
- 213 Information provided to adult guardian
- 214 References to repealed Act
Division 2 - Transitional provision for Domestic and Family Violence Protection and Another Act Amendment Act 2015
Subdivision 1 - Preliminary
- 216 Definitions for division
Subdivision 2 - Transitional provisions for amendment Act, part 2, division 2
- 217 Application to make or vary domestic violence order
- 218 Obligation for domestic violence order to include written explanation
- 219 Duration of existing protection orders
- 220 Existing voluntary intervention orders
- 221 Police protection notices
- 222 Release conditions
Subdivision 3 - Transitional provisions for national recognition of domestic violence orders scheme
Note—
- 223 Local orders
- 224 Interstate orders
- 225 Court may declare DVO to be recognised interstate order
- 226 Application for declaration
Subdivision 4 - Transitional provisions for previous part 6
- 227 Existing registered interstate orders
- 228 Application to register New Zealand order as interstate order
- 229 Definitions for division
- 230 Use of audio visual links or audio links
- 231 Particular applications for protection order filed before the commencement
- 232 Particular variation applications filed before the commencement
- 233 Definitions for division
- 234 Existing applications—considering respondent’s criminal history or domestic violence history
- 235 Existing cross applications
- 236 Substituted service orders for existing documents
- 237 Deciding period for which protection order continues in force
