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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Domestic and Family Violence
Protection and Another Act
Amendment Bill 2015
Queensland
Domestic and Family Violence Protection
and Another Act Amendment Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Domestic and Family Violence Protection
Act 2012
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 4 (Principles for administering Act) . . . . . . . . . . 4
5 Replacement of s 41 (Hearing of cross applications). . . . . . . . . . 5
Division 1A Cross applications
41 Definitions for division. . . . . . . . . . . . . . . . . . . . . . . . . 5
41A Application of particular provisions. . . . . . . . . . . . . . . 5
41B Parties must disclose cross applications . . . . . . . . . . 7
41C Hearing of applications--cross applications before same
court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
41D Hearing of applications--cross applications before different
courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
41E Hearing of applications--unreasonable notice of cross
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
41F Hearing of application--existing protection order. . . . 11
Division 1B Domestic violence orders in criminal and child
protection proceedings
6 Amendment of s 48 (Temporary protection order in relation to
application for variation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Replacement of s 49 (Temporary protection order in relation to cross
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
49 Temporary protection order in relation to particular
adjourned applications . . . . . . . . . . . . . . . . . . . . . . . . 14
8 Amendment of s 57 (Court may impose other conditions) . . . . . . 14
Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Contents
9 Amendment of s 62 (Condition limiting contact between parent and
child). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Amendment of s 64 (Ouster condition relating to aggrieved's usual place
of residence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11 Amendment of s 164 (Who may appeal) . . . . . . . . . . . . . . . . . . . 16
12 Amendment of s 165 (How to start appeal) . . . . . . . . . . . . . . . . . 16
13 Amendment of s 166 (Effect of appeal on decision). . . . . . . . . . . 17
14 Insertion of new pt 10, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 1 Transitional provisions for Act No. 5 of 2012
15 Amendment of s 195 (Definitions for pt 10) . . . . . . . . . . . . . . . . . 17
16 Amendment of s 208 (Service and other things done in relation to
continued applications). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
17 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2 Transitional provision for Domestic and Family
Violence Protection and Another Act
Amendment Act 2015
215 Application to make or vary domestic violence order . 18
18 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 18
Part 3 Amendment of Police Powers and Responsibilities Act 2000
19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
20 Insertion of new s 609A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
609A Use of body-worn cameras . . . . . . . . . . . . . . . . . . . . 20
Page 2
2015
A Bill
for
An Act to amend the Domestic and Family Violence Protection
Act 2012 and the Police Powers and Responsibilities Act 2000
for particular purposes
Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Domestic and Family Violence 4
Protection and Another Act Amendment Act 2015. 5
Clause 2 Commencement 6
This Act, other than part 3, commences on a day to be fixed 7
by proclamation. 8
Part 2 Amendment of Domestic and 9
Family Violence Protection Act 10
2012 11
Clause 3 Act amended 12
This part amends the Domestic and Family Violence 13
Protection Act 2012. 14
Clause 4 Amendment of s 4 (Principles for administering Act) 15
(1) Section 4(2)(a), after 'to their lives'-- 16
insert-- 17
should be 18
(2) Section 4(2)(b) to (e)-- 19
renumber as section 4(2)(c) to (f). 20
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 5]
(3) Section 4(2)-- 1
insert-- 2
(b) to the extent that it is appropriate and 3
practicable, the views and wishes of people 4
who fear or experience domestic violence 5
should be sought before a decision affecting 6
them is made under this Act; 7
Clause 5 Replacement of s 41 (Hearing of cross applications) 8
Section 41-- 9
omit, insert-- 10
Division 1A Cross applications 11
41 Definitions for division 12
In this division-- 13
cross application see section 41A(1)(b), 14
(2)(d)(ii) and (3)(c). 15
original application see section 41A(1)(a) and 16
(2)(d)(i). 17
original protection order see section 41A(3)(a). 18
variation application see section 41A(3)(b). 19
41A Application of particular provisions 20
(1) Sections 41B to 41E apply if-- 21
(a) an application (the original application) for 22
a protection order has been made and is 23
before a court; and 24
(b) a second application for a protection order 25
(the cross application) has been made and is 26
before the same court or another court; and 27
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 5]
(c) a person named as a respondent in the 1
original application is named as the 2
aggrieved in the cross application; and 3
(d) the person named as the aggrieved in the 4
original application is named as a 5
respondent in the cross application. 6
(2) Also, sections 41B to 41E apply if-- 7
(a) 2 protection orders have been made by the 8
same court or by different courts; and 9
(b) a person named as a respondent in one of the 10
protection orders (the first protection order) 11
is named as the aggrieved in the other 12
protection order (the second protection 13
order); and 14
(c) the person named as the aggrieved in the 15
first protection order is named as a 16
respondent in the second protection order; 17
and 18
(d) both of the following applications have been 19
made and are before a court-- 20
(i) an application to vary the first 21
protection order (also the original 22
application); 23
(ii) an application to vary the second 24
protection order (also the cross 25
application) made after the original 26
application. 27
(3) In addition, sections 41B to 41E apply if-- 28
(a) a protection order (the original protection 29
order) has been made; and 30
(b) an application for variation of the original 31
protection order (the variation application) 32
has been made and is before a court; and 33
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 5]
(c) an application for a second protection order 1
(also the cross application) has been made 2
and is before a court; and 3
(d) a person named as a respondent in the 4
original protection order is named as the 5
aggrieved in the cross application; and 6
(e) the person named as the aggrieved in the 7
original protection order is named as a 8
respondent in the cross application. 9
(4) For subsection (3), it does not matter whether the 10
variation application was made before or after the 11
cross application. 12
41B Parties must disclose cross applications 13
(1) Each of the following persons must inform the 14
court to which the original application or cross 15
application was made about the other 16
application-- 17
(a) a person who is a party to a proceeding for 18
the original application and is aware of the 19
cross application; 20
(b) a person who is a party to a proceeding for 21
the cross application and is aware of the 22
original application. 23
(2) Also, each of the following persons must inform 24
the court to which the variation application or 25
cross application was made about the other 26
application-- 27
(a) a person who is a party to the variation 28
application and is aware of the cross 29
application; 30
(b) a person who is a party to the cross 31
application and is aware of the variation 32
application. 33
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 5]
(3) In this section-- 1
party includes an aggrieved. 2
41C Hearing of applications--cross applications 3
before same court 4
(1) This section applies if-- 5
(a) either-- 6
(i) the original application and cross 7
application are before the same court; 8
or 9
(ii) the variation application and cross 10
application are before the same court; 11
and 12
(b) the court is aware of both applications. 13
(2) The court must-- 14
(a) hear the applications together unless the 15
court considers it is necessary to hear the 16
applications separately for the safety, 17
protection or wellbeing of the person named 18
as the aggrieved in the original application, 19
the original protection order or the cross 20
application; and 21
(b) in hearing the applications, consider the 22
principle mentioned in section 4(2)(e). 23
(3) If the court decides to hear the applications 24
separately, the court must give reasons for the 25
decision. 26
(4) If the court decides to adjourn the hearing of 27
either application or both applications, the court 28
must consider whether to make a temporary 29
protection order under division 2 in relation to 30
each adjourned hearing. 31
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 5]
41D Hearing of applications--cross applications 1
before different courts 2
(1) This section applies if-- 3
(a) either-- 4
(i) the original application and the cross 5
application are before different courts; 6
or 7
(ii) the variation application and the cross 8
application are before different courts; 9
and 10
(b) a court hearing either application is aware of 11
both applications. 12
(2) The court must consider whether to, and may-- 13
(a) hear the applications together; or 14
(b) order that the application before the court be 15
dealt with by the other court. 16
(3) In deciding whether to act under subsection 17
(2)(a) or (b), the court must consider whether it is 18
necessary for the applications to be heard 19
separately for the safety, protection or wellbeing 20
of the person named as the aggrieved in the 21
original application, the original protection order 22
or the cross application. 23
(4) If the court decides it is necessary for the 24
applications to be heard separately, the court 25
must give reasons for the decision. 26
(5) If the court decides to adjourn the hearing of the 27
application before it, the court must consider 28
whether to make a temporary protection order 29
under division 2 in relation to the adjourned 30
hearing. 31
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 5]
41E Hearing of applications--unreasonable notice 1
of cross application 2
(1) Subsection (2) applies if the cross application 3
mentioned in section 41A(1)(b) is not served, 4
within a reasonable period, on a respondent to the 5
cross application who is also the aggrieved 6
named in the original application. 7
(2) The court may hear the cross application before 8
the original application or together with the 9
original application only if the aggrieved named 10
in the original application consents. 11
(3) Subsection (4) applies if the cross application 12
mentioned in section 41A(2)(d)(ii) is not served, 13
within a reasonable period, on a respondent to the 14
cross application who is also the applicant for the 15
original application. 16
(4) The court may hear the cross application before 17
the original application or together with the 18
original application only if the applicant for the 19
original application consents. 20
(5) Subsection (6) applies if the cross application 21
mentioned in section 41A(3)(c) is not served, 22
within a reasonable period, on a respondent to the 23
cross application who is also the applicant for the 24
variation application. 25
(6) The court may hear the cross application before 26
the variation application or together with the 27
variation application only if the applicant for the 28
variation application consents. 29
(7) If the consent mentioned in subsection (2), (4) or 30
(6) is not given, the court must-- 31
(a) adjourn the hearing of the cross application; 32
and 33
(b) if the cross application has not been served 34
on the respondent to the application 35
mentioned in subsection (1), (3) or (5)--set 36
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 5]
a date by which the application is to be 1
served. 2
(8) Subsection (9) applies if the variation application 3
mentioned in section 41A(3)(b) is not served, 4
within a reasonable period, on a respondent to the 5
variation application who is also the aggrieved 6
named in the cross application. 7
(9) The court may hear the variation application 8
before the cross application or together with the 9
cross application only if the aggrieved named in 10
the cross application consents. 11
(10) If the consent mentioned in subsection (9) is not 12
given, the court must-- 13
(a) adjourn the hearing of the variation 14
application; and 15
(b) if the variation application has not been 16
served on the aggrieved named in the cross 17
application--set a date by which the 18
application is to be served. 19
(11) In this section-- 20
reasonable period means-- 21
(a) at least 1 business day before the day of the 22
hearing of the original application or 23
variation application; or 24
(b) within a longer period before the day of the 25
hearing of the original application or 26
variation application the court considers is 27
reasonable in the circumstances. 28
41F Hearing of application--existing protection 29
order 30
(1) Subsections (2) and (3) apply if-- 31
(a) a protection order has been made by a court; 32
and 33
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 5]
(b) an application for another protection order 1
has been made and is before the same court 2
or another court; and 3
(c) a person named as a respondent in the 4
protection order is named as the aggrieved 5
in the application; and 6
(d) the person named as the aggrieved in the 7
protection order is named as a respondent in 8
the application. 9
(2) Each person who is a party to a proceeding for 10
the application and is aware of the protection 11
order must inform the court to which the 12
application was made about the order. 13
(3) The court hearing the application must take into 14
account the court records relating to the making 15
of the protection order. 16
(4) Subsections (5) and (6) apply if-- 17
(a) 2 protection orders have been made by the 18
same court or by different courts; and 19
(b) a person named as a respondent in one of the 20
protection orders (the first protection order) 21
is named as the aggrieved in the other 22
protection order (the second protection 23
order); and 24
(c) the person named as the aggrieved in the 25
first protection order is named as a 26
respondent in the second protection order; 27
and 28
(d) an application to vary either of the 29
protection orders has been made and is 30
before a court. 31
(5) Each person who is a party to a proceeding for 32
the application and is aware of either protection 33
order must inform the court to which the 34
application was made about the order. 35
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 6]
(6) The court hearing the application must take into 1
account the court records relating to the making 2
of both protection orders. 3
(7) In this section-- 4
party includes an aggrieved. 5
Division 1B Domestic violence orders 6
in criminal and child 7
protection proceedings 8
Clause 6 Amendment of s 48 (Temporary protection order in 9
relation to application for variation) 10
Section 48(2), from 'the aggrieved'-- 11
omit, insert-- 12
any of the following persons from domestic 13
violence or associated domestic violence, 14
pending a decision on the application for the 15
variation-- 16
(a) the aggrieved; 17
(b) another person named in the first domestic 18
violence order; 19
(c) if the application for the variation seeks to 20
name another person in the first domestic 21
violence order--the other person. 22
Clause 7 Replacement of s 49 (Temporary protection order in 23
relation to cross application) 24
Section 49-- 25
omit, insert-- 26
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 8]
49 Temporary protection order in relation to 1
particular adjourned applications 2
(1) This section applies if, under section 41E, the 3
court adjourns the hearing of a cross application 4
or a variation application. 5
(2) The court must consider making a temporary 6
protection order in relation to the application. 7
(3) However, the court may make a temporary 8
protection order only if satisfied the order is 9
necessary or desirable to protect the aggrieved, or 10
another person, named in the application pending 11
a decision on the application. 12
(4) To remove any doubt, it is declared that this 13
section-- 14
(a) applies in addition to section 45; and 15
(b) does not affect the court's power to make a 16
temporary protection order under this 17
division in relation to an original application 18
or an application to vary an original 19
protection order. 20
Clause 8 Amendment of s 57 (Court may impose other conditions) 21
(1) Section 57(2)-- 22
renumber as section 57(3). 23
(2) Section 57-- 24
omit, insert-- 25
(2) Without limiting subsection (1), a court making a 26
domestic violence order must consider whether 27
to impose an ouster condition on the respondent 28
in relation to the aggrieved's usual place of 29
residence. 30
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 9]
Clause 9 Amendment of s 62 (Condition limiting contact between 1
parent and child) 2
Section 62(2), note, '57(2)'-- 3
omit, insert-- 4
57(3) 5
Clause 10 Amendment of s 64 (Ouster condition relating to 6
aggrieved's usual place of residence) 7
(1) Section 64(1)-- 8
omit. 9
(2) Section 64(2), 'The court'-- 10
omit, insert-- 11
In deciding whether to impose an ouster condition on 12
the respondent in relation to the aggrieved's usual 13
place of residence, the court 14
(3) Section 64(2)(b) to (g)-- 15
renumber as section 64(2)(c) to (h). 16
(4) Section 64(2)-- 17
insert-- 18
(b) any views or wishes expressed by the 19
aggrieved about imposing an ouster 20
condition on the respondent in relation to 21
the aggrieved's usual place of residence; 22
(5) Section 64(2)(h), as renumbered, examples, '(f) and (g)'-- 23
omit, insert-- 24
(g) and (h) 25
(6) Section 64(2)-- 26
renumber as section 64(1). 27
(7) Section 64-- 28
insert-- 29
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 11]
(2) The fact that the aggrieved does not express any 1
views or wishes about the condition mentioned in 2
subsection (1)(b) does not of itself give rise to an 3
inference that the aggrieved does not have views 4
or wishes about the condition being imposed. 5
Clause 11 Amendment of s 164 (Who may appeal) 6
Section 164-- 7
insert-- 8
(d) if the person sought a temporary protection 9
order in a proceeding under this Act--a 10
decision to refuse to make the order. 11
Clause 12 Amendment of s 165 (How to start appeal) 12
(1) Section 165(1), 'clerk'-- 13
omit, insert-- 14
registrar 15
(2) Section 165(2)-- 16
omit, insert-- 17
(2) The appellant must-- 18
(a) serve a copy of the notice on-- 19
(i) the other persons entitled to appeal 20
against the decision; and 21
(ii) the police commissioner; and 22
(b) file a copy of the notice in the court that 23
made the decision being appealed. 24
(3) Section 165(3), 'clerk of the court'-- 25
omit, insert-- 26
registrar 27
(4) Section 165(3), 'subsection (2)', second mention-- 28
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 13]
omit, insert-- 1
subsection (2)(a)(i) 2
(5) Section 165(5), before 'court'-- 3
insert-- 4
appellate 5
Clause 13 Amendment of s 166 (Effect of appeal on decision) 6
Section 166(2) and (3), after 'the court'-- 7
insert-- 8
or the appellate court 9
Clause 14 Insertion of new pt 10, div 1, hdg 10
Part 10, before section 195-- 11
insert-- 12
Division 1 Transitional provisions for 13
Act No. 5 of 2012 14
Clause 15 Amendment of s 195 (Definitions for pt 10) 15
(1) Section 195, heading, 'pt 10'-- 16
omit, insert-- 17
division 18
(2) Section 195, 'this part'-- 19
omit, insert-- 20
this division 21
Clause 16 Amendment of s 208 (Service and other things done in 22
relation to continued applications) 23
Section 208(1), 'this part'-- 24
omit, insert-- 25
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 17]
this division 1
Clause 17 Insertion of new pt 10, div 2 2
After section 214-- 3
insert-- 4
Division 2 Transitional provision for 5
Domestic and Family 6
Violence Protection and 7
Another Act Amendment 8
Act 2015 9
215 Application to make or vary domestic violence 10
order 11
This Act, as amended by the Domestic and 12
Family Violence Protection and Another Act 13
Amendment Act 2015, applies to a proceeding for 14
an application to make or vary a domestic 15
violence order whether the proceeding started 16
before or after the commencement. 17
Clause 18 Amendment of schedule (Dictionary) 18
(1) Schedule, definition local Magistrates Court-- 19
omit. 20
(2) Schedule-- 21
insert-- 22
cross application, for part 3, division 1A, see 23
section 41A(1)(b), (2)(d)(ii) and (3)(c). 24
local Magistrates Court means-- 25
(a) for a respondent named in a police 26
protection notice--a Magistrates Court 27
within the district where the police 28
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 18]
protection notice was issued against the 1
respondent; or 2
(b) for a respondent named in an application for 3
a protection order prepared by a police 4
officer under section 118(1)--a Magistrates 5
Court within the district where the 6
respondent was taken into custody under 7
section 116. 8
original application, for part 3, division 1A, see 9
section 41A(1)(a) and (2)(d)(i). 10
original protection order, for part 3, division 1A, 11
see section 41A(3)(a). 12
registrar, of an appellate court, means-- 13
(a) if the appellate court is the District Court--a 14
registrar under the District Court of 15
Queensland Act 1967; or 16
(b) if the appellate court is the Court of 17
Appeal--a registrar under the Supreme 18
Court of Queensland Act 1991. 19
variation application, for part 3, division 1A, see 20
section 41A(3)(b). 21
(3) Schedule, definition clerk, paragraphs (c) and (d)-- 22
omit, insert-- 23
(c) if the court is the District Court--a registrar 24
under the District Court of Queensland Act 25
1967; or 26
(d) if the court is the Court of Appeal--a 27
registrar under the Supreme Court of 28
Queensland Act 1991. 29
(4) Schedule, definitions commencement and repealed Act, after 30
'part 10,'-- 31
insert-- 32
division 1, 33
Page 19
Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 3 Amendment of Police Powers and Responsibilities Act 2000
[s 19]
Part 3 Amendment of Police Powers 1
and Responsibilities Act 2000 2
Clause 19 Act amended 3
This part amends the Police Powers and Responsibilities Act 4
2000. 5
Clause 20 Insertion of new s 609A 6
After section 609-- 7
insert-- 8
609A Use of body-worn cameras 9
(1) It is lawful for a police officer to use a body-worn 10
camera to record images or sounds while the 11
officer is acting in the performance of the 12
officer's duties. 13
(2) Use of a body-worn camera by a police officer 14
under subsection (1) includes use that is-- 15
(a) inadvertent or unexpected; or 16
(b) incidental to use while acting in the 17
performance of the officer's duties. 18
(3) Subsection (1) does not affect an ability the 19
police officer has at common law or under this 20
Act or another Act to record images or sounds. 21
(4) To remove any doubt, it is declared that 22
subsection (1) is a provision authorising the use 23
by a police officer of a listening device, for the 24
purposes of the Invasion of Privacy Act 1971, 25
section 43(2)(d). 26
(5) In this section-- 27
body-worn camera means a device-- 28
(a) worn on clothing or otherwise secured on a 29
person; and 30
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Part 3 Amendment of Police Powers and Responsibilities Act 2000
[s 20]
(b) designed to be used to-- 1
(i) record images; or 2
(ii) record images and sounds. 3
4
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 21
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