Queensland Numbered Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 No. 5 - SECT 107

(1) A police protection notice may include a condition (a cool-down condition) that prohibits the respondent from doing any or all of the following—

(a) entering, attempting to enter, or remaining at, stated premises, or approaching within a stated distance of stated premises;

(b) approaching, or attempting to approach, within a stated distance of the aggrieved;

(c) contacting, attempting to contact, or asking someone else to contact, the aggrieved.

(2) The police officer issuing the protection notice may impose a cool-down condition if the police officer reasonably believes that the condition is necessary or desirable to protect the aggrieved from domestic violence.

(3) A cool-down condition starts when the police protection notice is served on the respondent and ends on the date and time stated in the notice.

(4) The date and time stated in the notice must be—

(a) no more than 24 hours after the notice is issued; and

(b) reasonable, having regard to the circumstances of the respondent, the aggrieved and any other person.

Example of an unreasonable date and time—

If a cool-down condition prohibits a respondent from approaching stated premies, it would be unreasonable for the condition to end at 3a.m., when the respondent's return to the premises may disrupt other household members.

(5) To remove any doubt, it is declared that the premises that may be stated in the cool-down condition include—

(a) premises in which the respondent has a legal or equitable interest; and

(b) premises where the aggrieved and respondent live together or previously lived together; and

(c) premises where the aggrieved lives.