Chapter 9 – Domestic Violence
9.1 INTRODUCTION
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9.2 REFERENCES TO LEGISLATION
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9.3 DOMESTIC VIOLENCE (GENERAL INFORMATION)
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9.3.1 DEFINITIONS
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9.4 DOMESTIC VIOLENCE COORDINATION
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9.4.1 DELETED
9.4.2 REGIONAL DOMESTIC AND FAMILY VIOLENCE LIAISON OFFICERS
9.4.3 DISTRICT DOMESTIC AND FAMILY VIOLENCE COORDINATORS
9.4.4 STATION DOMESTIC AND FAMILY VIOLENCE LIAISON OFFICERS
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9.5 DOMESTIC VIOLENCE (RECEIPT OF REPORT)
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9.5.1 PROCEDURES ON RECEIPT OF A DOMESTIC VIOLENCE REPORT
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9.6 INVESTIGATION OF DOMESTIC VIOLENCE
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9.6.1 POLICE ACTION RE DOMESTIC VIOLENCE
9.6.2 INVESTIGATING DOMESTIC VIOLENCE (INITIAL ACTION)
9.6.3 POLICE ACTION TO BE TAKEN WHERE APPLYING FOR A PROTECTION ORDER IS NOT APPROPRIATE
9.6.4 WHERE RESPONDENT CONTINUES TO COMMIT DOMESTIC VIOLENCE BEFORE THE DOMESTIC VIOLENCE ORDER IS ISSUED
9.6.5 WHERE THE ORDER HAS BEEN ISSUED BUT IS NOT YET SERVED
9.6.6 CONTRAVENTION OF DOMESTIC VIOLENCE ORDER, RELEASE CONDITIONS OR POLICE PROTECTION NOTICE
9.6.7 PROSECUTION OF STATUTORY OFFENCES
9.6.8 RECORDING DOMESTIC VIOLENCE OFFENCE ON A PERSON’S CRIMINAL HISTORY
9.6.9 DOMESTIC VIOLENCE AS A RESULT OF THE INJURY OR DEATH OF A CHILD
9.6.10 DOMESTIC VIOLENCE REFERRAL AGENCIES
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9.7 DOMESTIC VIOLENCE CUSTODY
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9.7.1 DOMESTIC VIOLENCE CUSTODY
9.7.2 RELEASE OF RESPONDENT FOR TREATMENT OR DUE TO INTOXICATION
9.7.3 WATCHHOUSE/HOLDING CELL PROCEDURES – SEARCH AND RELEASE
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9.8 DOMESTIC VIOLENCE ORDERS, POLICE PROTECTION NOTICES AND CONDITIONS
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9.8.1 APPLICATION FOR A PROTECTION ORDER
9.8.2 APPLICATION FOR A TEMPORARY PROTECTION ORDER
9.8.3 POLICE PROTECTION NOTICE
9.8.4 SERVICE OF DOMESTIC VIOLENCE DOCUMENTS
9.8.5 POWER TO DIRECT A PERSON TO REMAIN AT A PLACE
9.8.6 DOMESTIC VIOLENCE ORDERS UNABLE TO BE SERVED
9.8.7 INTERSTATE ORDERS
9.8.8 APPLICATION TO VARY DOMESTIC VIOLENCE ORDERS INCLUDING INTERSTATE ORDERS
9.8.9 WITHDRAWAL OF DOMESTIC VIOLENCE ORDER APPLICATIONS
9.8.10 VOLUNTARY INTERVENTION ORDER
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9.9 ASSISTING PERSONS INVOLVED IN DOMESTIC VIOLENCE TO RETRIEVE PROPERTY
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9.10 WEAPONS
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9.10.1 SURRENDER OF WEAPONS AND WEAPONS LICENCES AFTER MAKING OF DOMESTIC VIOLENCE ORDER
9.10.2 DISPOSAL OF WEAPONS
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9.11 QPRIME DOMESTIC VIOLENCE OCCURRENCES
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9.11.1 RESPONSIBILITIES OF OFFICERS ATTENDING DOMESTIC VIOLENCE INCIDENTS (APPLICATIONS FOR DOMESTIC VIOLENCE ORDERS) 43
9.11.2 RESPONSIBILITIES OF AN OFFICER TAKING ACTION AGAINST A RESPONDENT FOR A CONTRAVENTION OF A DOMESTIC VIOLENCE
ORDER
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9.11.3 RESPONSIBILITIES OF RELEASING OFFICERS PRIOR TO RELEASING RESPONDENTS FROM CUSTODY
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9.11.4 AUTHORISATION TO RECEIVE DOCUMENTS
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9.11.5 RESPONSIBILITIES OF OFFICERS IN CHARGE OF STATIONS OR ESTABLISHMENTS RECEIVING DOMESTIC VIOLENCE DOCUMENTS
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9.11.6 COMPLETION OF QPRIME CUSTODY AND SEARCH REPORTS
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9.12 PROSECUTING DOMESTIC VIOLENCE
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9.12.1 POLICE PROSECUTORS TO ASSIST IN PRIVATE APPLICATIONS
9.12.2 DOCUMENTS REQUIRED BY POLICE PROSECUTOR
9.12.3 RESPONSIBILITIES OF POLICE PROSECUTORS (POLICE AND PRIVATE APPLICATIONS)
9.12.4 ROLE OF PROSECUTOR IN CROSS APPLICATIONS
9.12.5 ROLE OF PROSECUTOR IN TENANCY APPLICATIONS
9.12.6 ROLE OF PROSECUTOR UNDER S. 68R OF THE FAMILY LAW ACT
9.12.7 PREPARATION OF BRIEFS OF EVIDENCE
9.12.8 APPEALS UNDER THE DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT
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9.13 CHILDREN EXPOSED TO DOMESTIC VIOLENCE
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9.13.1 A CHILD MAY BE AN AGGRIEVED OR A RESPONDENT
9.13.2 INCLUDING THE NAMES OF CHILDREN IN A DOMESTIC VIOLENCE ORDER
9.13.3 CHILDREN WHO ARE THE VICTIMS OF A CRIMINAL OFFENCE
9.13.4 OTHER ACTION TO PROTECT CHILDREN EXPOSED TO DOMESTIC VIOLENCE
9.13.5 CHILDREN’S EVIDENCE IN DOMESTIC VIOLENCE PROCEEDINGS
9.13.6 SERVICE OF DOMESTIC VIOLENCE DOCUMENTS ON CHILDREN
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9.14 DOMESTIC VIOLENCE PROCEEDINGS INITIATED AGAINST MEMBERS OF THE SERVICE
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9.14.1 RESPONSIBILITIES OF MEMBERS WHO INITIATE OR BECOME AWARE OF DOMESTIC VIOLENCE PROCEEDINGS AGAINST A MEMBER OF
THE SERVICE
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9.14.2 RESPONSIBILITIES OF MEMBERS WHO HAVE DOMESTIC VIOLENCE PROCEEDINGS INITIATED AGAINST THEM
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9.14.3 POSSESSION OF WEAPONS BY MEMBERS WHO ARE SUBJECT TO DOMESTIC VIOLENCE PROCEEDINGS
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9.15 TRANSPORT ASSISTANCE
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9.15.1 TRANSPORT ASSISTANCE TO AN AGGRIEVED
9.15.2 TRANSPORT AND ACCOMMODATION ASSISTANCE TO A RESPONDENT
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APPENDIX 9.1 DOMESTIC VIOLENCE PROTECTIVE ASSESSMENT FRAMEWORK (DV-PAF)
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9.1 Introduction
This chapter outlines policy and procedures for managing domestic violence incidents and providing assistance to
members of the community who may be affected by domestic violence.
The process for conducting investigations is outlined in Chapter 2: ‘Investigative Process’ of this Manual which should
be read in conjunction with this chapter. Reference should also be made to Chapter 16: ‘Custody’ of this Manual for
detention practices.
9.2 References to legislation
Frequent reference to legislation is made which impacts on the contents of this chapter. This chapter should be read in
conjunction with those statutes, which can be accessed from the legislation page located on the Service Intranet.
9.3 Domestic violence (general information)
POLICY
The Service recognises domestic violence is a serious and complex social problem within the community. Officers are
responsible for assessing and evaluating all reported domestic violence with the paramount aim of:
(i) maximising the safety, protection and wellbeing of people who fear or experience domestic violence, and to
minimise the disruptions to their lives;
(ii) preventing or reducing domestic violence and the exposure of children to domestic violence; and
(iii) ensuring that people who commit domestic violence are held accountable for their actions.
Officers should actively enforce the legislation and make use of investigative skills and evidence gathering procedures
to identify and support the person most in need of protection. Additionally, they should hold users of violence responsible
and accountable for their behaviour by commencing related criminal charges where appropriate.
Officers should work in partnership with government and non-government agencies to develop strategies to reduce the
incidence of domestic and family violence and promote coordinated service delivery and appropriate referral points to
those experiencing domestic violence, including the respondent where possible.
9.3.1 Definitions
For the purposes of this chapter the following definitions apply:
Domestic violence offence
pursuant to s. 1: ‘Definitions’ of the Criminal Code, means an offence against an Act, other than the
Domestic and Family Violence Protection Act (DFVPA), committed by a person where the act done, or
omission made, which constitutes the offence is also–
(i) domestic violence or associated domestic violence, under the DFVPA, committed by the person;
or
(ii) a contravention of s. 177(2): ‘Contravention of domestic violence order’ of the DFVPA,
(e.g. a wilful damage offence committed during a domestic violence incident).
DV Other Action
is when police attend a location where:
(i) the involved persons are in a relationship as defined under s. 13 of the DFVPA;
(ii) allegations of domestic violence have been made; or
(iii) domestic violence has occurred;
and after conducting an investigation determine a police domestic violence order application is not
appropriate due to:
(i) insufficient evidence to support an application;
(ii) having regard for the seriousness of the incident investigated, legitimate reasons to not make an
application, for example:
(a) a protection order is not necessary or desirable to protect the aggrieved; and/or
(b) the aggrieved is not in fear of the respondent; and/or
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(c) the aggrieved is not likely to be at risk of reoccurring DV and/or;
(d) the involved parties have separated and will have no further contact; and /or
(e) the aggrieved and respondent reside outside Queensland and a protection order would be
ineffective; and
(iii) approval is granted by a supervising officer who has not been involved in the investigation of the
reported domestic violence (see s. 9.6.3: ‘Police action to be taken where there is insufficient
evidence’ of this chapter).
Intoxicated
means intoxicated by drugs or alcohol or by any other means.
Most senior officer on duty
means the officer present at the relevant police station or police establishment:
(i) who is most senior by rank; or
(ii) if there is no officer who is most senior by rank – who is most senior by continuous service as an
officer.
No DV
is when police attend a location where domestic violence was alleged to have occurred and investigations
reveal:
(i) no domestic violence has occurred or has been alleged to have occurred as defined under s. 8 of
the DFVPA; or
(ii) the involved persons are not in a relevant relationship as defined under s. 13 of the DFVPA; and
(iii) approval is granted by a supervising officer who has not been involved in the investigation of the
reported domestic violence.
Property (of a person)
means:
(i) property that the person owns;
(ii) property that the person does not own, but:
(a) is used and enjoyed by the person;
(b) is available for the person’s use or enjoyment;
(c) is in the person’s care or custody; or
(d) is at the premises at which the person is living.
Releasing police officer
means:
(i) if the person is in custody at a police station or establishment – the most senior officer on duty at
the station or establishment: or
(ii) if the person is in custody at a watchhouse:
(a) the watchhouse manager; or
(b) another police officer whose duties include performing functions at the watchhouse in
relation to persons in custody.
Relevant police division
means the police division in which the respondent ordinarily resides or was last known to reside.
Supervising officer
includes any of the following officers:
(i) regional duty officer (RDO);
(ii) patrol group inspector (PGI);
(iii) district duty officer (DDO);
(iv) commissioned officer;
(v) officer in charge of a station, unit, branch or establishment;
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(vi) communications co-ordinator (Comco);
(vii) station shift supervisor;
(viii) any officer of the rank of sergeant, including officers acting at that rank; or
(ix) any other experienced officer delegated by a district officer to perform a supervisory role,
who has not been involved in the investigation of the reported domestic violence.
9.4 Domestic violence coordination
9.4.1 Deleted
9.4.2 Regional domestic and family violence liaison officers
POLICY
While regional domestic and family violence liaison officers are not formalised positions, the officer in charge of a region
or command may appoint an officer to coordinate domestic and family violence issues and activities within the region or
command if the officer believes such appointment would improve police efficiency and provide a better service to the
community.
9.4.3 District domestic and family violence coordinators
ORDER
Officers in charge of districts are to appoint domestic and family violence coordinators within their district and allocate
adequate time and resources to those officers to enable them to carry out their stated functions.
POLICY
The functions and duties of district domestic and family violence coordinators should include:
(i) coordinating policing strategies and monitoring the effectiveness of those strategies in dealing with domestic
and family violence within the district;
(ii) providing direction, guidance and advice to members and the community on issues associated with domestic
and family violence;
(iii) liaising with community and other government agencies to develop referral networks and preventative
strategies for dealing with domestic and family violence;
(iv) liaising regularly with and provide advice and guidance to station domestic and family violence liaison officers
to ensure effective policing of domestic and family violence within their divisions;
(v) assisting education and training officers in developing and conducting education and training programs relating
to legislation, policy, orders and procedures and social understanding in dealing with domestic and family
violence;
(vi) liaising with police prosecutors and magistrates to ensure consistent and appropriate standards and
responses are maintained in dealing with the legal issues of domestic and family violence;
(vii) liaising with the district crime manager, SCAN coordinator and child protection investigation unit to ensure
professional and thorough investigation is undertaken in relation to contraventions of protection orders and
domestic and family violence related child protection issues;
(viii) reporting regularly on their functions as a domestic and family violence coordinator to the district officer;
(ix) regular monitoring of QPRIME for quality assurance, ensuring an appropriate response and compliance with
policy and legislation on a district-wide basis;
(x) conducting regular checks to ensure QPRIME is updated when a DV26: ‘Notice of change of address for
service’ is received from a clerk of the court;
(xi) identifying and monitoring repeat calls for service in relation to domestic and family violence matters and
reporting same to the relevant divisional officer in charge; and
(xii) ensuring that, in their absence, a suitable officer performs the functions and duties of a district domestic and
family violence coordinator on a temporary basis.
Where domestic and family violence coordinators are appointed, they should display the following attributes:
(i) a sound knowledge of the Domestic and Family Violence Protection Act and s. 2.12: ‘Victims of crime’ of this
Manual;
(ii) a demonstrated commitment to the effective policing of all issues pertaining to domestic and family violence;
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(iii) the ability to educate and motivate officers in investigative processes and legislation relating to domestic and
family violence, including policies, orders and procedures;
(iv) a proven ability to communicate effectively; and
(v) a demonstrated ability to work within group settings, with members of the community, government departments
and Service personnel.
9.4.4 Station domestic and family violence liaison officers
POLICY
The officer in charge of a station is, by virtue of their position, the domestic and family violence liaison officer for the
station. The officer in charge may delegate the responsibility of domestic and family violence liaison officer to another
officer within the station. When the officer in charge delegates the function to another officer, the officer in charge is
responsible for the performance and supervision of the officer and should allow adequate time and resources for the
officer to perform these duties.
The functions of the station domestic violence liaison officer should include:
(i) monitoring the effective policing of domestic and family violence within their division;
(ii) assisting members of the community in direction and advice on domestic and family violence matters;
(iii) assisting the officer in charge to ensure domestic violence occurrences are correctly entered onto QPRIME;
(iv) ensuring QPRIME is updated when a DV26: ‘Notice of change of address for service’ is received from a clerk
of the court;
(v) establishing communications and relations with groups and organisations and promoting domestic and family
violence prevention and support strategies within their division;
(vi) assisting the district domestic and family violence coordinator and regional domestic and family violence
liaison officer with the formulation and implementation of preventative strategies;
(vii) ensuring sufficient stocks of domestic and family violence resources are available and displayed at their
station;
(viii) ensuring when they are on leave or are transferred, their officer in charge is notified so a relieving officer can
be appointed; and
(ix) assisting with the case management of repeat calls for service within their division in collaboration with the
district domestic and family violence coordinator.
PROCEDURE
Officers in charge of a station should enlist the assistance of officers within their division to give effect to Service policy,
orders and procedures relating to the Domestic and Family Violence Protection Act.
9.5 Domestic violence (receipt of report)
9.5.1 Procedures on receipt of a domestic violence report
ORDER
Members who receive a report of:
(i) domestic violence;
(ii) a contravention of a domestic violence order;
(iii) a contravention of a registered interstate domestic violence order;
(iv) a contravention of a police protection notice; or
(v) a contravention of release conditions,
are to record particulars of the report on a relevant information recording system for future reference (see s. 1.6.1:
‘Recording initial demand’ of this Manual).
When the initial report is received, the incident is to be classified as domestic violence (i.e. job code 312) when:
(i) the person claims to be an aggrieved person as a result of domestic violence; or
(ii) a person at the incident address claims domestic violence is occurring or has occurred; or
(iii) a person at the incident address claims:
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(a) a current domestic violence order is in place; or
(b) a current police protection notice is in force; or
(c) a domestic violence order had previously been in place; or
(d) a domestic violence order is current or previously been in place which had been issued by a court in
another Australian State/Territory or New Zealand;
between the parties involved in the current incident; or
(iv) the information is received from a third party not at the incident address and:
(a) the informant states a disturbance or domestic violence is occurring; and
(b) QPRIME or QCAD/CAD/IMS indicates domestic violence has previously occurred at the address; or
(c) the persons involved in the disturbance are known; and
(d) QPRIME has previous domestic violence occurrences for those persons.
The member receiving the initial report is to ensure an investigation is commenced in compliance with s. 9.6.2:
‘Investigating domestic violence – initial action’ of this chapter.
PROCEDURE
Members should obtain (where applicable) the following particulars from the informant:
(i) the name, address and contact telephone number of the informant;
(ii) the exact location of the disturbance;
(iii) the identity of the persons involved in the disturbance;
(iv) the relationship of the people involved;
(v) the registered number(s) of any vehicle(s) which are either at the premises or which have left the premises;
(vi) the nature of the disturbance, e.g. property being damaged, raised voices or gun shots;
(vii) the nature of any injuries;
(viii) information about any weapons which may be involved;
(ix) if all parties to the dispute are still at the scene;
(x) if any other hazards exist which officers attending should be made aware of prior to their arrival;
(xi) the nature of any existing orders, and the issuing authority (if known); and
(xii) ensure an investigation is commenced into the incident.
Members receiving an initial report relating to domestic violence, where the identity of the involved parties or the location
of the incident is known, should check or cause checks to be completed on the:
(i) QPRIME; and
(ii) QCAD/CAD/IMS,
computer systems where the facilities are available.
Action to be taken when respondent resides within another police division
POLICY
Officers who receive a report of domestic violence and the respondent can be readily located, investigations are to be
commenced in compliance with s. 9.6.2: ‘Investigating domestic violence – initial action’ of this chapter.
PROCEDURE
If investigations reveal that the respondent resides outside the reporting officer’s division (this section does not prohibit
officers from conducting investigations within adjoining police divisions) the reporting officer is to:
(i) where immediate concerns are held for the safety of the aggrieved:
(a) ensure a job is immediately entered through the relevant police communications centre where the
respondent resides to locate the respondent;
(b) commence an application for a domestic violence order or temporary protection order; and
(c) obtain a sworn affidavit or Justices Act acknowledged statement from the aggrieved and ensure
evidence such as photographs of injuries/phone records are obtained to support the investigation.
(ii) if investigations establish there is no immediate concern for the safety of the aggrieved:
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(a) obtain a sworn affidavit or Justices Act acknowledged statement from the aggrieved and ensure
evidence such as photographs of injuries/phone records are obtained to support the investigation;
(b) create a QPRIME domestic violence occurrence and scan and save the aggrieved affidavit or Justices
Act acknowledged statement in the occurrence;
(c) ensure a QPRIME task is sent to the police division where the respondent resides to obtain a version
from the respondent;
(d) indicate in the QPRIME task for the subsequent investigating officers, that upon obtaining the
respondent’s version:
 an application for a domestic violence order is to be made and served on the respondent once
officers are satisfied domestic violence has occurred; and
 recommend a court district the domestic violence application is to be commenced with justification
for this decision (see subsection: ‘Court district selection when respondent lives within another police
division of this section); or
 that the respondent’s version is forwarded to the reporting officer for their further investigation;
(e) where appropriate, enter a job through the relevant police communications centre to the division where
the respondent resides to obtain a version from the respondent and provide the relevant task number, and
(f) ensure the aggrieved is kept informed.
Officers who receive a task to obtain a version from the respondent are to:
(i) obtain a signed or audio recording of the respondents version;
(ii) include the respondent’s version in the occurrence; and
(iii) where applicable, make application for a domestic violence order for service on the respondent.
Court district selection when respondent lives within another police division
PROCEDURE
If an investigating officer determines that a police domestic violence application is to be commenced, they should ensure
the application commences in the court district where:
(i) the alleged incident of domestic violence occurred; or
(ii) when there are justifiable circumstances, the court district where the:
(a) aggrieved resides or reported the alleged incident of domestic violence; or
(b) respondent resides, if the provisions of s. 4: ‘Principles for administering Act’ of the Domestic Violence
Family Protection Act are achieved.
In all cases where a respondent is served with a copy of the application for a protection order, and the respondent
resides outside of the court district where the application is to be heard, the serving officer is to ensure the respondent
understands the application and the repercussions of not appearing before the court.
9.6 Investigation of domestic violence
9.6.1 Police action re domestic violence
Section 8: ‘Meaning of domestic violence’ of the Domestic and Family Violence Protection Act (DFVPA) identifies
behaviour which constitutes domestic violence. Section 13: ‘Meaning of relevant relationship’ of the DFVPA provides a
relevant relationship is:
(i) an intimate personal relationship (see s. 14: ‘Meaning of intimate personal relationship’ of the DFVPA) which
includes:
(a) a spousal relationship (see s. 15: ‘Meaning of spousal relationship’ of the DFVPA);
(b) an engagement relationship (see s. 17: ‘Meaning of engagement relationship’ of the DFVPA); or
(c) a couple relationship (see s. 18: ‘Meaning of couple relationship’ of the DFVPA);
(ii) a family relationship (see s. 19: ‘Meaning of family relationship and relative’ of the DFVPA); or
(iii) an informal care relationship (see s. 20: ‘Meaning of informal care relationship’ of the DFVPA).
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ORDER
An officer who reasonably suspects domestic violence has been committed, is to investigate or cause to be investigated
the report or circumstance on which the officer’s reasonable suspicion is based, in accordance with s. 100(1): ‘Police
officer must investigate domestic violence’ of the DFVPA.
POLICY
Where a person attends a police station or establishment to report a domestic violence incident, officers are to prioritise
the receipt of the initial report and investigation, where practicable.
An officer, who reasonably believes after investigation:
(i) domestic violence has occurred;
(ii) it is necessary or desirable to protect the aggrieved from domestic violence; and
(iii) there is sufficient evidence to a civil standard – ‘balance of probability’;
is to:
(i) issue a police protection notice (see s. 9.8.3: ‘Police protection notice’ of this chapter); or
(ii) apply for a protection order (see s. 9.8.1: ‘Application for a protection order’ of this chapter); or
(iii) apply for a variation of a protection order (see s. 9.8.8: ‘Application to vary domestic violence orders including
interstate orders’ of this chapter); and
(iv) consider including in the application the names of any relatives or associates of the aggrieved (including
children) who may be named in the protection order (see ss. 9: ‘Meaning of associated domestic violence’, 19:
‘Meaning of family relationship and relative’, 24: ‘Who can a domestic violence order protect’ and 52: ‘Naming
relative or associate of aggrieved’ of the DFVPA); and
(v) take any other action the officer is required or authorised to take under the DFVPA or any other Act.
Officers are reminded when police initiate an application, the Service maintains the right to appear and make
representations at variations which would shorten the period of the order or to ensure applications are not withdrawn by
the aggrieved due to threats and/or intimidation by the respondent or any other reason unless special circumstances
exist.
Police Powers and Responsibilities Act
The DFVPA is not affected by the Police Powers and Responsibilities Act (PPRA). (see s. 12(1) and Schedule 1 of the
PPRA).
Officers investigating reports of domestic violence should, where necessary, make use of those investigative powers
provided by the PPRA which officers do not have under the DFVPA. Examples of these powers are:
(i) Section 19 of the PPRA provides a power for police officers to enter a place and remain for a reasonable time
to serve a document, such as a domestic violence order;
(ii) Section 403 of the PPRA provides power for officers to detain a person for the purposes of investigating an
indictable offence or questioning the person in relation to an indictable offence. This power may be used where
the respondent is suspected of committing indictable offences in the course of domestic violence (see s. 9.6.7:
‘Prosecution of statutory offences’ of this chapter);
(iii) Sections 467 to 473 of the PPRA provide powers for officers to photograph or take the identifying particulars
of a person charged with the offence of contravening a domestic violence order, police protection notice, release
conditions or registered interstate domestic violence order; and
(iv) Section 609 of the PPRA provides a number of powers to officers, including the power to:
(a) enter the place using reasonably necessary force and remain at the place for the time reasonably
necessary to establish whether domestic violence is occurring, or has occurred before the officer’s arrival,
at the place;
(b) detain any person present at the place for the time reasonably necessary to:
 determine whether domestic violence has occurred or is occurring at the place;
 prevent acts of domestic violence; and
 search any person detained;
(c) search the place for:
 anything which may be or has been used to cause injury or damage or for domestic violence or
associated domestic violence;
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 anyone who is in danger of personal injury or subject to domestic violence or associated domestic
violence; and
(d) seize anything found at the place or on a person at the place that may be or has been used to cause
injury or damage or for domestic violence or associated domestic violence.
Officers should also fulfil any responsibilities imposed upon officers by the provisions of the PPRA which are not imposed
by a similar provision of the DFVPA (for example enforcement register entries).
9.6.2 Investigating domestic violence (initial action)
PROCEDURE
Where a report of domestic violence has been received, the investigating officer should:
(i) enter the place using reasonably necessary force and remain at the place for the time reasonably necessary
to establish whether domestic violence is occurring, or has occurred before the officer’s arrival, at the place (see
s. 609(2): ‘Entry to place to prevent offence, injury or domestic violence’ of the Police Powers and Responsibilities
Act (PPRA));
(ii) separate the involved parties, if both present;
(iii) inquire from all parties who are present whether any weapons are present at the place, have been used, or
have been threatened to be used;
(iv) interview the parties with the view of identifying the person most in need of protection, who would become the
aggrieved in any police proceeding;
(v) when interviewing the aggrieved:
(a) ensure a written record of the aggrieved’s oral testimony is obtained. Where practicable, the aggrieved
should be requested to sign the written record; and
(b) conduct a protective assessment (see the subsection titled ‘Domestic violence protective assessment
framework’ of this section) to determine the risk of increased severity and/or frequency of domestic
violence;
(vi) interview the respondent. Any statement or affidavit taken from the respondent should include whether they
agree with the allegations, wish to contest the matter or consent to the application. Action should not be stopped
or delayed due to the inability to locate or interview the respondent where there is sufficient evidence to achieve
the legal sufficiency required to issue a protection order;
(vii) interview any witnesses. In the case of:
(a) witnesses who are children, officers should refer to s. 9.13.5: ‘Children’s evidence in domestic violence
proceedings’ of this chapter; and
(b) a party, including an aggrieved, respondent, or witness being unable to adequately understand or
communicate in the English language or because of cultural differences or physical disability, officers
should refer to s. 6.3.7: ‘Interpreters’ of this Manual;
(viii) when justified, it may be appropriate to make a cross application to prevent or reduce domestic violence.
The commencement of a cross application is to be approved by a shift supervisor. Cross applications cannot be
commenced by way of a Police Protection Notice (see s. 103: ‘Cross-notice not permitted’ of the Domestic and
Family Violence Protection Act (DFVPA));
(ix) if it is necessary to prevent a danger of personal injury to another person or to prevent damage to property,
take the respondent into custody under s. 116: ‘Police officer may take person into custody’ of the DFVPA (see
s. 9.7: ‘Domestic violence custody’ of this chapter);
(x) ascertain whether any children (including unborn children):
(a) usually live with either the aggrieved or respondent (see s. 24(2): ‘Who can a domestic violence order
protect’ of the DFVPA and s. 9.3.1: ‘Definitions’ of this chapter); or
(b) have been exposed to domestic violence (see s. 10: ‘Meaning of exposed to domestic violence’ of the
DFVPA),
and take appropriate action in accordance with s. 9.13.4: ‘Other action to protect children exposed to domestic
violence’ of this chapter;
(xi) gather sufficient evidence to enable determination of the application by a court. Officers should be mindful of
the provisions of Chapter 2: ‘Investigative Process’ of this Manual in relation to the gathering of evidence.
Sufficient evidence may include, but is not limited to:
(a) medical evidence;
(b) statements/affidavits, e.g. aggrieved, witnesses, neighbours;
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(c) prior contact by the aggrieved with domestic violence support agencies, if any;
(d) photographic evidence of the aggrieved or the premises; and/or
(e) a statement or affidavit from the investigating officer concerned;
(xii) determine if any other domestic violence orders are in existence;
(xiii) determine if any Family Law Court orders are in existence (see s. 11.13: ‘Family Law Act’ and 11.13.3:
‘Family Law Court order inconsistent with domestic violence order’ of this Manual);
(xiv) comply with the procedure contained in s. 9.6.7: ‘Prosecution of statutory offences’ of this chapter where
statutory offences are identified, in particular:
(a) offences against the Criminal Code; and
(b) offences against Part 4, ss. 49A to 129: ‘Possession and use of weapons’ of the Weapons Act; and
(xv) issue a QPB32A: ‘Field Property Receipt’ for anything seized (see s. 622: ‘Receipt for seized weapons’ of
the PPRA).
Safeguards
Officers are to comply with Chapter 20: ‘Other standard safeguards’ of the PPRA when entering and searching premises
and when seizing anything (see s. 2.8: ‘Entry, search and seizure’ of this Manual).
The:
(i) entry of premises by officers to investigate if domestic violence is occurring or has occurred;
(ii) detention of any person present at the place;
(iii) search of any person at the place;
(iv) search of the place under s. 609 of the PPRA; and/or
(v) taking the respondent into custody under s. 116 of the DFVPA,
is an ‘enforcement act’ and a register entry must be created (see s. 679 of the PPRA and s. 2.1.2: ‘Registers required
to be kept’ of this Manual).
ORDER
‘Enforcement act’ register entries and results of the protective assessment are to be recorded within the relevant
QPRIME occurrence prior to the reporting officer terminating duty.
Domestic violence protective assessment framework
Officers play a crucial role in identifying and responding to domestic violence and their actions and decisions can have
a marked effect on future violence. A protective assessment involves officers utilising a defined set of risk factors to
identify the presence of risk for an aggrieved when investigating a domestic violence incident. By adopting the domestic
violence protective assessment framework, first response officers will provide an informed and consistent approach to
assessing future risk to the aggrieved at domestic violence incidents.
ORDER
Officers are to conduct a protective assessment at all incidents or reports of domestic violence where a relevant
relationship under s. 13: ‘Meaning of relevant relationship’ of the DFVPA exists.
PROCEDURE
Officers should use the protective assessment guidelines (see Appendix 9.1: ‘QPS Domestic Violence Protective
Assessment Framework (DV-PAF)’ of this chapter) to assist with the assessment at a domestic violence incident.
Officers should record the details of the protective assessment in their official police notebook to assist with later entries
in QPRIME and to support their decision making process. The protective assessment tab is to be completed within the
relevant QPRIME domestic violence occurrence.
9.6.3 Police action to be taken where applying for a protection order is not appropriate
ORDER
An officer who determines it is not appropriate to apply for a protection order due to:
(i) insufficient evidence to make an application for a domestic violence order; or
(ii) domestic violence has not occurred;
is to obtain authorisation of a supervising officer (see ‘Definitions’ of this chapter) prior to finalising the investigation. The
officer is to provide the authorising supervising officer with all relevant information and reasons why no further action is
desired prior to terminating duty.
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The supervising officer is to consider the provided information prior to determining whether the incident can be finalised
as Domestic Violence – Other Action [1374] or Domestic Violence – No DV [1375] as appropriate. Where practicable,
the supervising officer should attend the reported incident and overview the investigation prior to making a decision in
relation to the finalisation of the incident.
It is the responsibility of the investigating officer to enter, or cause to be entered, the particulars of the domestic violence
incident on QPRIME prior to terminating duty. The investigating officer is to include sufficient information in the domestic
violence occurrence to explain why a domestic violence order application was not made.
Where there is insufficient evidence to support an application
PROCEDURE
Where a relevant relationship under s. 13: ‘Meaning of relevant relationship’ of the Domestic and Family Violence
Protection Act (DFVPA) exists and, at the conclusion of an investigation, an application for a domestic violence order is
not made due to insufficient evidence, the officer should:
(i) advise the involved parties of the provisions of the DFVPA concerning the process for making a private
application for a domestic violence order;
(ii) advise the involved parties about appropriate support providers, where available. Support providers in this
case may include domestic violence support services, where the parties are in a relevant relationship, or other
welfare, counselling or support services appropriate to the circumstances of the parties (see ss. 6.3.14: ‘Police
Referrals’ and 9.6.10: ‘Domestic violence referral agencies’ of this Manual);
(iii) inform the involved parties that, if a private application is made, a police prosecutor may be available to assist
the applicant in court, if requested (see s. 9.12.1: ‘Police prosecutors to assist in private applications’ of this
chapter);
(iv) contact, or arrange to have contact made with a supervising officer for approval to finalise the occurrence as
Domestic Violence – Other Action [1374]; and
(v) create a domestic violence occurrence on QPRIME.
Where domestic violence has not occurred
Where an incident has been reported to police as domestic violence (see s. 9.5.1: ‘Procedures on receipt of a domestic
violence report’ of this chapter) and, at the conclusion of an investigation, an officer determines domestic violence (see
s. 8: ‘Meaning of domestic violence’ of the DFVPA) has not occurred due to:
(i) a relevant relationship under s. 13 of the DFVPA not existing between the involved persons (e.g. two
housemates arguing); or
(ii) where a relevant relationship exists, acts under s. 8 of the DFVPA have not occurred or been alleged to have
occurred (e.g. a couple in a relationship are shouting at a television program, or arguing with their neighbours),
the officer should contact, or arrange to have contact made with a supervising officer for approval to finalise the
occurrence as Domestic Violence – No DV [1375] and create a domestic violence occurrence on QPRIME.
9.6.4 Where respondent continues to commit domestic violence before the domestic violence order
is issued
ORDER
If previous action has been by the way of a DV1: ‘Application for a Protection Order’ has been received by a court and
the respondent continues to commit domestic violence before the application is determined, the officer investigating a
subsequent report of domestic violence is to:
(i) take the respondent into custody if such action can be justified in accordance with s. 9.7.1: ‘Domestic violence
custody’ of this chapter and make:
(a) a fresh protection order application and have the respondent released on appropriate release
conditions; or
(b) an application for a temporary protection order under s. 129: ‘When police officer may apply for a
temporary protection order’ of the Domestic and Family Violence Protection Act; or
(ii) issue a police protection notice against the respondent (see s. 9.8.3: ‘Police protection notice’ of this chapter).
PROCEDURE
The circumstances of the initial application can be provided to the court to support the second application. The
prosecutor should then withdraw the first application.
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9.6.5 Where the order has been issued but is not yet served
POLICY
Whilst officers should ensure domestic violence application and order documents issued by the courts are served as
soon as reasonably practicable (see s. 9.8.4: ‘Service of domestic violence documents’ of this chapter), in the absence
of a:
(i) QP 0899: ‘Police protection notice’; or
(ii) QP 0937: ‘Release from custody conditions’,
in force (see s. 9.6.6: ‘Contravention of domestic violence order, release conditions or police protection notice’ of this
chapter) there will be instances where further domestic violence occurs prior to the service of the documents. Officers
are to respond to any further instances of domestic violence in accordance with this section.
PROCEDURE
If a domestic violence order has been issued by a court and the respondent continues to commit domestic violence
before the order has been served or before the respondent has been told of the existence of the order and its conditions
by a court or a police officer, the officer investigating a subsequent report is to take the appropriate action in the
circumstances.
This action may include:
(i) service of the order upon the respondent;
(ii) if the order is not readily available:
(a) advising the respondent of the order and its conditions, and recording the details of such action by
adding a supplementary report to the relevant QPRIME occurrence; and
(b) making necessary arrangements for the service of the order on the respondent;
(iii) investigation of the second report with a view to substantiating an offence under s. 177: ‘Contravention of
domestic violence order’ of the Domestic and Family Violence Protection Act, notwithstanding non-service of the
order (see s. 9.6.6: ‘Contravention of domestic violence order, release conditions or police protection notice’ of
this chapter);
(iv) prepare an application for the variation of the current order including any new conditions or named persons
as appropriate; and
(v) prosecution of any criminal offences.
In accordance with s. 134: ‘Power to direct person to remain at a place’ of the Domestic and Family Violence Protection
Act (see s. 9.8.5: ‘Power to direct person to remain at a place’ of this chapter) the respondent may be given a direction
to remain at an appropriate place for a reasonable time to:
(i) be personally served a copy of the order, if the police officer has a copy of the order; or
(ii) allow the officer to arrange for another police officer to tell the respondent about the order and conditions
imposed.
When a domestic violence incident occurs, which would otherwise be a contravention of an order, but the respondent
is not aware of the order and investigations are complete, the existing occurrence containing the unserved order is to
be modified to record the actions taken with regard to service of the order.
In addition to the amendment of the occurrence containing the unserved order, the investigating officer is to create an
unfounded Domestic Violence – (Breach of DFVPA) [1371] (see s. 9.6.6: ‘Contravention of domestic violence order,
release conditions or police protection notice’ of this chapter) occurrence to record enforcement act register entries in
compliance with the Police Powers and Responsibilities Act (see s. 9.11.6: ‘Completion of QPRIME custody and search
reports’ of this chapter and QPRIME User Guide).
This does not preclude the recording and investigation of a separate criminal offence (e.g. assault, wilful damage) if
sufficient evidence exists (see s. 9.6.7: ‘Statutory offences to be prosecuted’ of this chapter).
9.6.6 Contravention of domestic violence order, release conditions or police protection notice
POLICY
To ensure domestic violence strategies are effective, respondents should be held accountable for any action in
contravention of:
(i) a domestic violence order;
(ii) a temporary protection order;
(iii) release conditions;
(iv) police protection notice; or
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(v) any other order made under the Domestic and Family Violence Protection Act (DFVPA),
including any conditions imposed by the order, release condition or notice.
A respondent who contravenes a condition of a domestic violence order, release conditions or police protection notice
made in accordance with the provisions of the DFVPA, other than failing to appear before a court at a specified time
and place, commits a criminal offence. Officers should approach a contravention of a domestic violence order in the
same manner as investigating any other criminal offence in accordance with Chapter 2: ‘Investigative Process’ of this
Manual.
Officers should be aware that when an officer commences a proceeding by a:
(i) QP 0899: ‘Police protection notice’ (see s. 113: ‘Duration’ of the DFVPA); or
(ii) QP 0937: ‘Release from custody conditions’ (see s. 125(6): ‘When police officer must release person on
conditions’ of the DFVPA),
and a court makes:
(i) a temporary protection order which includes changed conditions; or
(ii) a protection order,
the police protection notice or release from custody conditions remain in force until the order is served on the respondent
or otherwise becomes enforceable.
PROCEDURE
Members receiving a complaint of a contravention of a domestic violence order, release conditions or police protection
notice are to ensure that a Domestic Violence (Breach of DFVPA) [1371] occurrence is recorded on QPRIME as soon
as practicable (see s. 1.11.2 ‘Recording an offence on QPRIME of this Manual).
ORDER
Officers investigating the report of a contravention of a condition of a domestic violence order, release conditions or
police protection notice are to conduct a domestic violence protective assessment with the aggrieved named in the
order, release conditions or notice (see the subsection titled ‘Domestic violence protective assessment framework’ of s.
9.6.2: ‘Investigating domestic violence – initial action’ of this chapter).
PROCEDURE
Officers should take action for an offence against Part 7: ‘Offences’ of the DFVPA where a respondent:
(i) contravenes a domestic violence order made under the DFVPA, including a condition imposed by the order, if:
(a) the respondent was present in court when the order was made;
(b) the respondent was served with a copy of the order; or
(c) an officer told the respondent about the existence of the order and the conditions of the order (see
s. 177: ‘Contravention of domestic violence order’ of the DFVPA);
(ii) contravenes a condition on which the person is released from custody (see s. 179: ‘Contravention of release
conditions’ of the DFVPA); or
(iii) contravenes a police protection notice, including a cool-down condition which has been served on the
respondent (see s. 178: ‘Contravention of police protection notice’ of the DFVPA).
If the contravention of the domestic violence order was committed on or after 22 October 2015, if the offender:
(i) has been convicted (whether or not a conviction was recorded) in the last five years of a triggering offence
namely an offence:
(a) where the charge states ‘the offence is also a domestic violence offence’; or
(b) against ss. 177, 178, or 179 of the DFVPA,
the defendant should be charged with the indictable offence under s. 177(2)(a) of the DFVPA; or
(ii) has not been convicted of a triggering offence, the offender committing a breach of a domestic violence order
should be charged with the simpliciter offence against s. 177(2)(b) of the DFVPA.
Where there is a current domestic violence order or temporary protection order in existence which has not been served
on the respondent, see s. 9.6.5: ‘Where the order has been issued but is not yet served’ of this chapter.
Where there is only information or an allegation a domestic violence order or temporary protection order has been
contravened, but there is no report by an involved person or reasonable suspicion of a contravention occurring by the
investigating officer, an unfounded Domestic Violence – (Breach of DFVPA) [1371] occurrence is to be created (see
QPRIME User Guide).
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In accordance with s. 180: ‘Aggrieved or named person not guilty of an offence’ of the DFVPA, an aggrieved or other
person named in a domestic violence order, police protection notice or release condition does not commit an offence
under Part 7: ‘Offences’ of the DFVPA. It is irrespective whether the person encourages, permits or authorises conduct
by the respondent which contravenes an order, notice or release condition.
Domestic violence offence
POLICY
Officers are to comply with s. 3.5.18: ‘Notices alleging previous criminal and traffic histories and circumstances of
aggravation’ of this Manual. A QP0041A: ‘Notice of intention to allege previous conviction’, for a charge under s. 177(2)
DFVPA, is to include offences which are a domestic violence offence (see s. 9.3.1: ‘Definitions’ of this chapter) and any
offence under Part 7: ‘Offences’ of the DFVPA.
Officers are to comply with s. 9.6.8: ‘Recording domestic violence offence on a person’s criminal history’ of this chapter.
9.6.7 Prosecution of statutory offences
ORDER
An officer investigating:
(i) domestic violence;
(ii) the contravention of a domestic violence order;
(iii) the contravention of a registered interstate order;
(iv) the contravention of a police protection notice; or
(v) the contravention of release conditions,
is to consider whether action should be taken under another Act as well as the Domestic and Family Violence Protection
Act (DFVPA). In deciding whether to institute proceedings under another Act, the officer is to comply with s. 3.4.3: ‘The
discretion to prosecute’ of this Manual.
POLICY
Officers investigating domestic violence should consult with the aggrieved and named persons (where applicable) about
the possibility of pursuing criminal charges where the acts of domestic violence amount to criminal acts.
If doubt arises whether proceedings should be initiated under another Act in addition to the DFVPA, the investigating
officer should seek advice from a local police prosecutor, their officer in charge or a supervising officer. If an investigating
officer believes it may not be in the public interest to proceed with an offence, the officer is to comply with s. 3.4.2: ‘The
decision to institute proceedings’ of this Manual by referring the matter to their officer in charge for advice.
Where an officer is investigating a domestic violence order application as well as a criminal offence, the investigating
officer is to determine whether the domestic violence order application should be finalised prior to the continuation or
finalisation of the criminal investigation.
Whether action will be taken under the DFVPA or another Act first, will depend on:
(i) the nature of the domestic violence;
(ii) the nature, type and seriousness of the offence;
(iii) the need to immediately investigate the criminal offence, e.g. to prevent the loss of evidence; and
(iv) the fact that under s. 120: ‘Person not to be questioned about offence’ of the DFVPA, a person who has been
taken into custody under the DFVPA cannot be interviewed in relation to offences under another Act (e.g. common
assault under the Criminal Code).
Where an officer reasonably suspects a respondent has committed an offence under another Act, the officer should
consider whether it is more appropriate to:
(i) arrest the respondent under s. 365(1): ‘Arrest without warrant’ of the Police Powers and Responsibilities Act;
or
(ii) in the case of an indictable offence, arrest the respondent for the offence for the purpose of questioning the
respondent about the commission of the offence in accordance with s. 365(2): ‘Arrest without warrant’ of the
Police Powers and Responsibilities Act,
in preference to taking the respondent into custody under the DFVPA.
Where a respondent is in custody for an offence under another Act and the investigating officer decides, based on the
circumstances of the incident, to make an application for a domestic violence order, the officer should ensure a domestic
violence application, QP0899: ‘Police Protection Notice’ or order is completed and served prior to the respondent’s
release.
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Arresting a respondent for an offence arising from a domestic violence incident is not an alternative to investigating the
domestic violence and taking appropriate action under the DFVPA (see s. 9.6.1: ‘Police action re domestic violence’ of
this chapter). An offence arising from a domestic violence incident may be a domestic violence offence. Where a
proceeding is being commenced for a domestic violence offence the charge is to include that it is a domestic violence
offence (see ss. 9.3.1: ‘Definitions’ and 9.6.8: ‘Recording domestic violence offence on a person’s criminal history’ of
this chapter).
The onus rests on the investigating officer to properly investigate the incident and obtain all available evidence to support
the commencement of proceedings under the DFVPA or another Act. This may include audio and video recordings of
evidence, obtaining witness statements/affidavits and making notes in an official police notebook (see Chapter 2:
‘Investigative Process’ of this Manual and s. 4.4: ‘Body worn cameras’ of the Digital Electronic Recording of Interviews
and Evidence Manual).
For the recording of complaints of unlawful stalking, refer to s. 1.11.2: ‘Recording an offence on QPRIME’ of this Manual.
9.6.8 Recording domestic violence offence on a person’s criminal history
Domestic violence offence
POLICY
Where an officer commences a proceeding for an offence against an Act other than the Domestic and Family Violence
Protection Act (DFVPA) that is also a domestic violence offence, they are to include as ancillary wording in the charge
that the offence is also a domestic violence offence (see s. 9.3.1: ‘Definitions’ of this chapter).
Where a defendant is found guilty, regardless of whether the conviction is recorded or not, if the Court is satisfied that
the offence is also a domestic violence offence, the Court will order the matter be recorded on the person’s history as
a domestic violence offence.
Where a court orders a matter be recorded on the person’s criminal history as a domestic violence offence, or convicts
an offender of an offence against Part 7: ‘Offences’ of the DVFPA, prosecutors may apply to the Court for an order
that any previous offences identified as a domestic violence offence to be recorded as a domestic violence offence on
the person’s history (see s. 12A: ‘Convictions for domestic violence offences’ of the Penalties and Sentences Act).
Identifying and recording a previous domestic violence offence on a person’s criminal history
POLICY
Districts should develop local instructions, to identify high risk or recidivist domestic violence respondents and prepare
relevant paperwork for application to seek an order that prior convictions be recorded as domestic violence offences in
appropriate cases.
When commencing a prosecution against a person for a domestic violence offence officers should assess whether the
offender’s previous criminal history has been reviewed to identify any other offences which may be defined as a domestic
violence offence.
Where a person’s criminal history has not previously been reviewed, officers commencing a proceeding against a person
for a domestic violence offence should review the person’s criminal history and identify any previous convictions that
may also be defined as a domestic violence offence. For further information, officers should refer to the Domestic and
Family Violence webpage on the Service Intranet.
Upon identifying a previous conviction for an offence that may also be a domestic violence offence, officers should
complete documentation to apply for the conviction to be recorded as a domestic violence offence. Officers should be
aware that sufficient evidence should be identified and provided to prove the offence was a domestic violence offence
(e.g. Court Brief (QP9), witness statements, etc.).
PROCEDURE
Where it is identified that a previous conviction may also be defined as a domestic violence offence, other than an
offence under the DFVPA, but is not recorded as a domestic violence offence on a defendant’s criminal history, officers
should:
(i) complete a Form 80: ‘Application by Director of Public Prosecutions or Queensland Police Service for an order
that previous offences were domestic violence offences’;
(ii) prepare a Form 81: ‘Order of court that a previous offence is a domestic violence offence’;
(iii) attach any documentation and evidence supporting the application to the Form 80, including QP1035: ‘Form
80 Annexure’ where practicable;
(iv) where possible, serve a copy of the Form 80 and supporting documentation to the defendant or the
defendant’s legal representative at least 3 days before their court appearance and endorse a copy regarding
service;
(v) attach the above to the Court Brief (QP9) for the current charge; and
(vi) attach all completed documents to the relevant QPRIME occurrence.
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Where it is not practicable to serve the Form 80 and supporting documentation to the defendant or the defendant’s legal
representative prior to the defendant’s court appearance, the documentation should still be attached to the Court Brief
(QP9) for the prosecutor to serve on the defendant or the defendant’s legal representative at the court.
9.6.9 Domestic violence as a result of the injury or death of a child
Section 8(2)(e): Meaning of domestic violence’ of the Domestic and Family Violence Protection Act, provides a person
commits domestic violence if the person threatens a person with injury or death, including making a threat towards a
child of the threatened person.
POLICY
When a parent or guardian is reasonably suspected of causing injury or death to a child and the officer suspects the
violence against the child would cause emotional or psychological harm to the aggrieved adult, the officer is to
investigate whether domestic violence has occurred.
ORDER
An officer investigating an incident involving the serious injury or death of a child by their parent/guardians, which would
be likely to cause psychological harm to the aggrieved, is to make application for a domestic violence order against the
relevant person who has harmed the child.
Where the officer cannot identify which parent/guardian was responsible for causing the child’s injury or death, the officer
is to:
(i) make a cross application for domestic violence orders; or
(ii) amend any current domestic violence orders in place,
and include the children as ‘named persons’ against each respondent (see s. 9.8.1: ‘Application for a protection order’
of this chapter).
9.6.10 Domestic violence referral agencies
POLICY
The Service recognises an integrated approach to domestic violence across government and the community is
necessary for the effective application of legislation. Members should be aware of the vital roles carried out by
government and non-government agencies in addressing domestic violence.
Whilst using the Police Referrals system is the preferred referral method, district officers are to determine how
members under their control refer persons to suitable domestic violence support agencies.
ORDER
Officers should provide all parties involved in domestic violence with contact details for appropriate support providers,
if available or alternatively, where Police Referrals is the preferred referral method, officers are to submit a referral on
the Service Intranet (see s. 6.3.14: ‘Police Referrals’ of this Manual).
Where Police Referrals is not the preferred referral method in that district, officers in charge are to ensure that a
current Referral Agency Register, identifying domestic violence support agencies and organisations relevant to their
division, is maintained.
POLICY
Where it is identified that the resources of a support provider, where available, would be of benefit to an adult
aggrieved or the investigation of any report of domestic violence, officers are to discuss with that person the option of
police notifying the appropriate agency either directly or where Police Referrals is the preferred referral method, via a
referral using the Service Intranet.
When the release of confidential information relating to the adult aggrieved, including contact details, is agreed to,
investigating officers should obtain written consent from the aggrieved prior to informing the nominated agency.
Written permission may take the form of an entry, written by the officer and signed by the aggrieved in the officer’s
official police notebook.
Officers should keep the aggrieved informed at each stage of the investigation and prosecution process in accordance
with s. 2.12: ‘Victims of crime’ of this Manual.
ORDER
With the exception of the Police Referrals system, officers are to ensure that prior to notifying a support provider of a
request to contact an adult aggrieved, an agreement to respond to a referral in this manner has been obtained from
that service provider.
Where a child requires support or protection as a result of being exposed to domestic violence, the Department of
Communities, Child Safety and Disability Services is to be advised (see ‘Role of other agencies in relation to child
harm’ of s. 7.3.1: ‘Initial action for reports of child harm’ of this Manual). There is no authority under the Child
Protection Act to refer a child to a non-government agency for support or counselling.
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Employee Wellbeing
Members of the Service and their immediate families involved in domestic violence matters are encouraged to seek
support through Employee Wellbeing or Employee Relations (see ‘Supporting Members affected by Domestic and
Family Violence Policy’ on the Service HR policy page).
POLICY
Officers dealing with domestic violence incidents involving members of the Service or their immediate families should
advise such persons that assistance can also be provided by the respective region or command’s Human Services
Officer.
9.7 Domestic violence custody
9.7.1 Domestic violence custody
Power of detention under the Police Powers and Responsibilities Act
When initially responding to a report of domestic violence s. 609: ‘Entry of place to prevent offence, injury or domestic
violence’ of the Police Powers and Responsibilities Act provides officers with a number of powers (see s. 9.6.1: ‘Police
action re domestic violence’ of this chapter), including the power to detain anyone at the relevant place for the time
reasonably necessary to establish whether domestic violence is occurring, or has occurred before the officer’s arrival at
the place.
Once an officer is reasonably satisfied domestic violence is occurring, or has occurred before the officer’s arrival at the
place, the officer may detain a person:
(i) to prevent acts of violence or damage to property; and/or
(ii) to search the person for anything that may be, or has been used to cause injury or damage or for an act of
domestic violence.
Officers are to note that detention under s. 609 of the Police Powers and Responsibilities Act is not the same as taking
a person into custody under s. 116: ‘Police officer may take person into custody’ of the Domestic and Family Violence
Protection Act.
When it is appropriate to take a person into custody under s. 116 of the Domestic and Family Violence Protection Act,
the officer is first to ‘undetain’ the person under the Police Powers and Responsibilities Act prior to taking the person
into custody under the Domestic and Family Violence Protection Act.
Detention under the Police Powers and Responsibilities Act is to be recorded as a separate enforcement act in QPRIME
to the person’s custody under the Domestic and Family Violence Protection Act.
ORDER
Any detention or search conducted under s. 609 of the Police Powers and Responsibilities Act is an enforcement act
and a register entry must be created (see s. 679 of the Police Powers and Responsibilities Act and s. 2.1.2: ‘Registers
required to be kept’ of this Manual). Enforcement act register entries are to be recorded within the relevant QPRIME
occurrence prior to the reporting officer terminating duty.
Taking a respondent into custody under the Domestic and Family Violence Protection Act
ORDER
When an officer receives a report of domestic violence and on investigation there are reasonable grounds for suspecting
a person has committed domestic violence and:
(i) another person is in danger of personal injury; or
(ii) property is in danger of being damaged,
by a respondent, the officer is to take the respondent into custody whilst conducting an investigation into the report of
domestic violence and make an application for a domestic violence order.
POLICY
When the respondent is taken into custody, the investigating officer should inform the aggrieved and any named persons
at the earliest opportunity of action to be taken by police including the result of any inquiries/applications where
appropriate. The investigating officer is to consult with the aggrieved in relation to any safety concerns if the respondent
returns to the premises.
Where the respondent has committed criminal offences, officers may consider detaining or arresting the person under
the Police Powers and Responsibilities Act (see s. 9.6.8: ‘Prosecution of statutory offences’ of this chapter) in place of
detention under the Domestic and Family Violence Protection Act.
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Such detention or arrest for an offence stemming from a domestic violence incident under the Police Powers and
Responsibilities Act is not an alternative to investigating and taking appropriate action in relation to the domestic violence
(see s. 9.6.1: ‘Police action re domestic violence’ of this chapter).
The investigating officer is to arrange with the releasing police officer (see s. 9.3.1: ‘Definitions’ of this chapter) for the
respondent to be released on conditions which address all the issues, including the safety concerns of the aggrieve d
and whether or not the respondent should be excluded from any premises (see s. 9.7.3: ‘Watchhouse/holding cell
procedures – search and release’ of this chapter).
Officers are to refer to Chapter 16: ‘Custody’ of this Manual for detention procedures.
Where an officer receives a report of domestic violence and on investigation there is no evidence to justify taking the
respondent into custody, the officer is to, where sufficient evidence is available, make an application for a domestic
violence order in accordance with s. 9.8: ‘Domestic violence orders, police protection notices and conditions’ of this
chapter.
ORDER
A respondent taken into custody under the Domestic and Family Violence Protection Act must be taken to a:
(i) holding cell at a police station or establishment and delivered into the custody of the most senior officer present;
or
(ii) watchhouse and delivered into the custody of the watchhouse manager,
as soon as reasonably practicable by an officer.
PROCEDURE
When a respondent is taken into custody under the Domestic and Family Violence Protection Act and transported to a
holding cell or watchhouse, the officer who transported the respondent is to create a ‘whiteboard’ custody report in
QPRIME. The investigating officer is to link the ‘whiteboard’ custody report to the relevant domestic violence occurrence.
Service of domestic violence application on respondent
ORDER
Where a respondent has been taken into custody for the making of a domestic violence order application a copy of the:
(i) DV01: ‘Application for a Protection Order’ and QP 0937: ‘Release from custody conditions’;
(ii) temporary protection order; or
(iii) protection order,
is to be served on the respondent.
POLICY
While being served with a copy of any of the above mentioned documents the officer serving them is to explain them to
the respondent and inform the respondent that release conditions under the Domestic and Family Violence Protection
Act continue in force until:
(i) where the court:
(a) makes a domestic violence order; or
(b) makes a temporary protection order with the same conditions as the release conditions;
when the order is served on the respondent or otherwise becomes enforceable (see s. 9.8.4: ‘Service of domestic
violence documents’ of this chapter); or
(ii) the court adjourns the application and a domestic violence order is not issued or the court dismisses the
application, (See s. 125(5) and (6): ‘When police officer must release person on conditions’ of the Domestic and
Family Violence Protection Act),
prior to their release from custody.
Where the applicant officer is present at the holding cell or watchhouse at the time the respondent is to be released
from custody, the applicant officer should, whenever practicable, serve and explain the documents to the respondent.
If the applicant officer has departed the holding cell or watchhouse, the most senior releasing police officer on duty,
where practicable, should serve and explain the documents to the respondent.
PROCEDURE
An officer who serves a respondent with a document for domestic violence purposes is to ensure a DV21: ‘Affidavit of
personal service’ or a DV21A: ‘Statement of police service’ (available in QPRIME or QPS Forms Select) is completed
in accordance with s. 9.8.4: ‘Service of domestic violence documents’ of this chapter.
The DV01: ‘Application for a Protection Order’ and the DV21A should be delivered to the court where the application is
being made, prior to the first appearance date.
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Where a protection order or a temporary protection order is served on the respondent, a DV21 or DV21A (as applicable)
is to be completed by the serving officer. A copy of the order and the DV21 or DV21A are to be returned to the issuing
court.
The service of documents under the Domestic and Family Violence Protection Act is to be recorded within the relevant
QPRIME occurrence prior to the reporting officer terminating duty.
Custody of a child as a respondent
ORDER
Where a child is taken into custody as a respondent, in accordance with s. 126: ‘Particular safeguards for detention of
child’ of the Domestic and Family Violence Protection Act the officer is to:
(i) take the child into custody only as a last resort and for the least time justified in the circumstances;
(ii) hold the child in custody separately from any adults; and
(iii) notify:
(a) a parent of the child, unless a parent cannot be found after making all reasonable inquiries; and
(b) the Chief Executive (Child Safety) if the child is in the custody or under the guardianship of the
Department of Communities, Child Safety and Disability Services.
Detention period
A respondent may be detained under s. 119: ‘Detention time period’ of the Domestic and Family Violence Protection
Act until the later of the following occurs, but for no more than four hours:
(i) if it is reasonably practicable to bring the person before a court whilst in custody, to appear and be held until:
(a) a domestic violence order is made by the court and served on the respondent by a releasing police
officer;
(b) the hearing of a domestic violence order application is adjourned; or
(c) the application is dismissed;
(ii) an application for a domestic violence order is completed and release conditions are served on the respondent
(see s. 9.8.1: ‘Application for a protection order’ of this chapter); or
(iii) a temporary protection order is obtained after application by an officer and served on the respondent (see s.
9.8.2: ‘Application for a temporary protection order’ of this chapter).
When a respondent is in custody and:
(i) a domestic violence order is made by a court;
(ii) a temporary protection order is issued on police officer’s application; or
(iii) an application for a protection order is made,
the detention period may extend to a maximum of:
(i) eight hours from when the person is first taken into custody if an officer reasonably believes the person is
intoxicated (see s. 9.3.1: ‘Definitions’ of this chapter) to the extent the respondent is incapable of understanding
the nature and effect of an application, order or release conditions; or
(ii) four hours initially from when a person is taken into custody if an officer reasonably believes:
(a) it is necessary to make arrangements to provide for the safety of the aggrieved or a child. The
respondent may be held until the arrangements have been completed; or
(b) the respondent’s behaviour is so aggressive or threatening that it presents a continuing danger of
personal injury or property damage. The respondent may be held until the danger of injury or damage has
ceased.
In the case of (ii) above, an officer may seek to extend the detention period for a maximum of a further four hours upon
application to a magistrate (see the subsection titled ‘Extension of detention period’ of this section).
POLICY
When a respondent is detained under the Domestic and Family Violence Protection Act, they should be held for such
time as reasonably necessary:
(i) to allow suitable arrangements for the safety of the aggrieved;
(ii) for their behaviour to moderate so as to no longer pose a danger of personal injury or property damage; or
(iii) to recover from their intoxication to the extent that they are capable of understanding the nature and effect of
an application, order or release conditions.
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PROCEDURE
The:
(i) watchhouse manager;
(ii) most senior officer on duty at the station or establishment; or
(iii) applicant officer,
responsible for the custody of the respondent, is to ensure the custody report in QPRIME reflects the continuing grounds
for the detention of the respondent. The custody register is to be updated to record the date and time:
(i) the arrangements to safeguard the aggrieved were completed;
(ii) the officer reasonably believed the person was capable of understanding the nature and effect of a protection
order application and release conditions, domestic violence order or temporary protection order under the
Domestic and Family Violence Protection Act; or
(iii) the officer reasonably believed the person’s behaviour no longer presented a continuing danger of personal
injury or property damage; and
(iv) the respondent was released from police custody.
Extension of detention period
Section 121: ‘Police officer may apply for extension of detention period’ of the Domestic and Family Violence Protection
Act provides an extension of the detention period may be sought by an officer when:
(i) arrangements need to be put into place to protect the safety of the aggrieved or a child; or
(ii) the respondent’s behaviour is so aggressive or threatening that it presents a continuing danger of personal
injury or property damage,
to a maximum of eight hours from when the respondent was initially taken into custody under the Domestic and Family
Violence Protection Act. The application must be made to a magistrate prior to the initial four hour detention period
expiring.
PROCEDURE
Prior to making the application to the magistrate, the officer applying for an extension of the detention period must:
(i) complete a DV06: ‘Application to extend detention period’ (available in QPRIME) including the grounds to
support the further detention;
(ii) advise the respondent or the respondents lawyer of the application and provide a copy of the application to
the respondent;
(iii) ask the respondent, or the respondent’s lawyer, whether:
(a) the application is supported or opposed by the respondent; and
(b) the respondent or the lawyer wish to make a submission to the magistrate in respect to the detention
period extension application.
The magistrate must be informed whether the:
(i) respondent or the respondent’s lawyer wishes to make a submission regarding the application; and
(ii) respondent’s ability to communicate with the magistrate is affected for any reason, for example intoxication or
aggressive behaviour,
by the officer applying for an extension of the detention period at the time of presenting the application to the magistrate.
An application can be made by phone, fax, radio or email outside business hours or when a special circumstance exists
such as an application by a remotely stationed officer.
ORDER
An application for an extension of the detention period must be made to a magistrate prior to the expiry of the initial
detention period and include the grounds to support the extended detention period.
PROCEDURE
Where an extension of the detention period is sought, the
(i) watchhouse manager;
(ii) most senior officer on duty at the station or establishment; or
(iii) applicant officer,
is to ensure the respondent’s custody report in QPRIME is updated to record:
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(i) the grounds supporting the application extension to the detention period; and
(ii) the date and time the application was made and the results of the application.
An application for an extension of the detention period may be made at the same time a domestic violence order or
temporary domestic violence order is made.
9.7.2 Release of respondent for treatment or due to intoxication
A respondent may be released from custody to receive treatment or recover safely from intoxication. When a person is
released from custody in this manner an officer is not required to comply with:
(i) s. 118: ‘Police officer must apply for protection order’;
(ii) s. 124: ‘Release of person from custody’; or
(iii) s. 125: ‘When police officer must release person on conditions’,
of the Domestic and Family Violence Protection Act, but may:
(i) issue a police protection notice, where a respondent is released for treatment;
(ii) seek a temporary protection order; or
(iii) make application for a protection order by DV01: ‘Application for a protection order’,
for the protection of the aggrieved, children and any associated persons and serve or arrange for service of an
application for a protection order, protection order or temporary protection order on the respondent (see s. 9.8: ‘Domestic
violence orders, police protection notices and conditions’ of this chapter).
Release of respondent for treatment
Section 127: ‘Person may be taken to place for treatment’ of the Domestic and Family Violence Protection Act provides
a respondent taken into custody under the Domestic and Family Violence Protection Act may be transported to another
place (for example, a hospital) for the purpose of receiving any treatment necessary for the respondent’s welfare.
If the officer reasonably believes treatment will not be completed prior to the expiry of any detention period, the
respondent must be released from custody at the place where the treatment will be completed.
POLICY
When the place providing the treatment to the respondent indicates the treatment will not be completed prior to the
expiry of the detention period under the Domestic and Family Violence Protection Act, the officer should obtain a notation
in their official police notebook to that effect from the person providing care for the respondent.
PROCEDURE
The officer who takes and releases the respondent at the treatment place is to:
(i) complete the QPRIME custody entry as appropriate;
(ii) serve or arrange for service of an application for a protection order, protection order, temporary protection
order on the respondent or issue and serve a police protection notice on the respondent; and
(iii) pass any relevant information regarding the respondent onto the person providing care for the respondent.
Release of intoxicated respondent to a place of safety
Section 128: ‘When intoxicated person may be taken to a place of safety’ of the Domestic and Family Violence Protection
Act provides that if a respondent is intoxicated, and at any time whilst in custody under the Domestic and Family Violence
Protection Act an officer reasonable believes it is more appropriate for the person to be taken to a place of safety, other
than a watchhouse, the officer must, at the earliest reasonable opportunity, take the person to the place of safety and
release the person at that place.
However, these provisions do not apply in cases where the officer is satisfied a person at the ‘place of safety’ is unable
to provide care for the person, or the person’s behaviour may pose a risk of harm, including, but not limited to, domestic
violence or associated domestic violence, to other persons at the place of safety (see s. 128(3) of the Domestic and
Family Violence Protection Act).
ORDER
When an intoxicated respondent is taken into custody under the Domestic and Family Violence Protection Act and it is
more appropriate for the respondent to be taken to a place of safety, other than a watchhouse, an officer at the earliest
reasonable opportunity is to take the person to, and release the person at, a place of safety.
A ‘place of safety’ is defined in s. 128(9) of the Domestic and Family Violence Protection Act, as a place, other than a
holding cell at a police station or establishment or a watchhouse, where the officer considers the intoxicated respondent
can receive the care necessary to enable safe recovery from the effects of intoxication. Examples of a ‘place of safety’
include:
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(i) a place, other than a hospital, that provides care for persons who are intoxicated (e.g. a diversionary centre);
(ii) a vehicle used to transport persons to a place of safety and under the control of someone other than a police
officer; and
(iii) the respondent’s home, or the home of a relative or friend, if there is no likelihood of domestic violence or
associated domestic violence happening at the place because of the person’s condition or the person is not
subject to a domestic violence order or any other court order preventing the person from entering or remaining at
the place.
Prior to releasing a respondent at a place of safety, the officer is to ensure the person apparently in possession or in
charge of the place of safety signs an undertaking to provide care for the respondent. The undertaking should be
obtained on a DV23: ‘Place of safety – intoxicated respondent (carer undertaking)’.
PROCEDURE
The officer who takes and releases the respondent at the place of safety is to:
(i) complete the QPRIME custody entry as appropriate;
(ii) serve or arrange for service of:
(a) an application for a protection order;
(b) protection order; or
(c) temporary protection order;
on the respondent such a time when the respondent is capable of understanding the nature and effect of an
application, notice or order;
(iii) pass any relevant information regarding the respondent onto the person providing care for the respondent;
(iv) obtain a signed undertaking on a DV23: ‘Place of safety – intoxicated respondent (carer undertaking)’ from
the person apparently in possession or in charge of the place;
(v) give anything taken from the respondent to:
(a) if the place of safety is the respondent’s home – to a person at the home who is an adult member of the
respondent’s family;
(b) if the place of safety is the home of a friend or relative – to the friend or relative, for safe keeping while
the respondent is at the place; or
(c) otherwise – to the person apparently in possession or in charge of the place of safety, for safe keeping
while the respondent is at the place;
(vi) obtain a signed QP 0034: ‘Indemnity receipt’ from the person receiving the respondent’s property; and
(vii) scan the signed undertaking and indemnity receipt into the relevant QPRIME occurrence and file at the
releasing officer’s station or establishment.
ORDER
When a respondent is taken to a place of safety due to their level of intoxication a police protection notice is not to be
issued, as the respondent is unlikely to understand the nature and consequences of the notice (see s. 110: ‘Explanation’
of the Domestic and Family Violence Protection Act).
Places of safety
POLICY
Places of safety, other than a hospital, operated by the Government or external organisations may be available in some
localities. Where such facilities are available, officers in charge of stations or establishments should ensure an
appropriate list of such places is maintained and is available to officers under their control. Such a list should contain
information concerning each place of safety including:
(i) its capacity and hours of operation;
(ii) the type of persons able to be taken there; and
(iii) the notification process (i.e. whether it is necessary to call prior to attending).
9.7.3 Watchhouse/holding cell procedures – search and release
ORDER
When a respondent is taken into custody for the making of an application, the:
(i) officer, if not the applicant officer, transporting the respondent to a watchhouse or police station is to record
the:
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(a) respondent on the watchhouse or police station’s ‘whiteboard’ and commence a custody record in
QPRIME;
(b) date and time the person was taken into custody; and
(c) applicant officer’s name, rank, station and registered number; or
(ii) applicant officer is to create a ‘Domestic Violence – Application Police [1372]’ occurrence and commence a
custody record and:
(a) record the date and time the person was taken into custody;
(b) record the grounds the applicant officer has for reasonably suspecting domestic violence has been
committed and that:
 another person was in danger of personal injury; or
 property was in danger of being damaged,
 if the respondent was not taken into custody;
(c) complete the enforcement register entries required under s. 47(1): ‘Arrests and detentions – Act, s.
679(1)’ of the Police Powers and Responsibilities Regulation; and
(d) complete an application for a protection order (see s. 9.8.1: ‘Application for a Protection Order’ of this
chapter).
Watchhouse managers or the most senior officer on duty at a police station with a holding cell are to ensure the above
particulars are entered in QPRIME as soon as possible after the person is taken to the watchhouse/holding cell.
Applicant officers are to advise the watchhouse manager or the most senior officer on duty at a police station of the
relevant QPRIME occurrence number as soon as practicable.
Watchhouse managers or the most senior officer on duty at a police station with a holding cell are to ensure that the
respondent’s QPRIME Custody Report (Full) is made available for inspection at all reasonable times to a person who
has been taken into custody under the provisions of s. 116: ‘Police officer may take person into custody’ of the Domestic
and Family Violence Protection Act or to another person authorised in writing by that person, to the extent that the report
contains an entry or particulars relating to the person taken into custody.
When releasing a person taken into custody under the Domestic and Family Violence Protection Act, the releasing
police officer (see s. 9.3.1: ‘Definitions’ of this chapter) is to ensure that a QP 0937: ‘Release from Custody Conditions’
is generated through the relevant QPRIME Custody Report (Full).
PROCEDURE
When a person is delivered into the custody of a watchhouse manager or the most senior officer on duty at a police
station under the provisions of s. 117 of the Domestic and Family Violence Protection Act, officers may search and research the person and take and retain while the person is in custody:
(i) anything that may endanger anyone’s safety, including the person’s safety;
(ii) anything that may be used for an escape; or
(iii) anything else that the officer reasonably considers should be kept in safe custody while the person is in
custody (see s. 442: ‘Application of ch 16’ and s. 443: ‘Police officer may search person in custody’ of the Police
Powers and Responsibilities Act).
Refer also to s. 16.10: ‘Search of persons’ of this Manual.
When releasing a person taken into custody under the Domestic and Family Violence Protection Act, in accordance with
s. 125: ‘When police officer must release person on conditions’ of the Domestic and Family Violence Protection Act the
following release conditions are to be applied by the releasing police officer, that the respondent must:
(i) not use a weapon until the matter is heard by a court;
(ii) be of good behaviour towards the aggrieved;
(iii) not commit domestic violence against the aggrieved;
(iv) if the release conditions name a child of the aggrieved (see s. 9.13: ‘Children exposed to domestic violence’
of this chapter), or a child who usually lives with the aggrieved, the person must:
(a) be of good behaviour towards the child;
(b) not commit domestic violence against the child; and
(c) not expose the child to domestic violence (see s. 10: ‘Meaning of exposed to domestic violence’ of the
Domestic and Family Violence Protection Act);
(v) if the release conditions name a relative or associate of the aggrieved, the person must:
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(a) be of good behaviour towards the named relative or associate; and
(b) not commit associated domestic violence (see s. 9: ‘Meaning of associated domestic violence’ of the
Domestic and Family Violence Protection Act) towards the named relative or associate.
The conditions mentioned in (iv) and (v) apply only if the releasing police officer considers it appropriate to name a child
of the aggrieved, relative or associate of the aggrieved in the release conditions.
The releasing police officer is to seek the advice of the investigating officer when determining release conditions,
including whether or not to exclude the respondent from any premises.
The releasing police officer should, where practicable, advise the aggrieved of the release of the respondent at or before
the time of the respondent’s release from custody.
A copy of the DV01: ‘Application for a Protection Order’ and QP 0937: ‘Release from custody conditions’ are to be
served and explained to the respondent, prior to the respondent’s release from custody (see the subsection titled
‘Service of domestic violence application on respondent’ of s. 9.7.1: ‘Domestic violence custody’ of this chapter).
Where the hearing date for the application is more than five business days (one week, excluding weekend days or public
holidays, see s. 382: ‘Reckoning of time’ of the Acts Interpretation Act) after the date the respondent was released on
release conditions, the applicant police officer must apply for a temporary protection order under s. 129: ‘When police
officer may apply for a temporary protection order’ of the Domestic and Family Violence Protection Act from a magistrate
(see s. 9.8.2: ‘Application for a temporary protection order’ of this chapter).
9.8 Domestic violence orders, police protection notices and conditions
ORDER
When an officer has carried out investigations into a report of domestic violence and an application for a protection order
is to be made, that officer is to create a domestic violence occurrence on QPRIME (Domestic Violence – Application
Police [1372]) including the completion of the documentation to support the application.
PROCEDURE
Proceedings are commenced by:
(i) where the respondent has been taken into custody, a DV01: ‘Application for a Protection Order’ and QP 0937:
‘Release from Custody Conditions’ under the provisions of s. 116: ‘Police officer may take person into custody’ of
the Domestic and Family Violence Protection Act (see s. 9.7.1: ‘Domestic violence custody’ of this chapter); or
(ii) where the respondent has not been taken into custody, by the completion and service of a:
(a) QP 0899: ‘Police protection notice’ (see s. 9.8.3: ‘Police protection notice’ of this chapter); or
(b) DV01: ‘Application for a Protection Order’.
ORDER
A copy of the completed application should be served on the respondent at the commencement of proceedings.
9.8.1 Application for a Protection Order
PROCEDURE
When preparing documents for a DV01: ‘Application for a Protection Order’ officers should ensure:
(i) they fully record the grounds to support the issue of a domestic violence order, and any conditions, against the
respondent;
(ii) the respondent is directed to appear at a time, date and court at which domestic violence applications are
being heard, as these details vary between locations;
(iii) confer, if time permits with the relevant police prosecution corps which is to present the matter and confirm
the mention date is suitable;
(iv) serve a copy of the application on the respondent, with a QP 0937: ‘Release from custody conditions’ if the
respondent was taken into custody under s. 116: ‘Police officer may take person into custody’ of the Domestic
and Family Violence Protection Act (DVFPA);
(v) complete a DV21A: ‘Statement of police service’ and endorse the signed copy of the DV01 and QP 0937 as
‘Exhibit A’; and
(vi) ensure a signed copy of the application and the DV21A is filed with the clerk of the magistrates court where
the person is to appear within three days of service of the application and in any case before the date set for the
respondent’s date of appearance.
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Officers should ensure the aggrieved and any other persons named in the application have been advised, as soon as
possible, with regard to the issue of an application or order and the conditions granted thereon.
The aggrieved is to be given a copy of the application and a notice of the time and place the application is to be heard.
POLICY
Officers are to record in the DV01 all grounds to support the issue of a domestic violence order, and any conditions,
against the respondent. These grounds should include, but are not limited to:
(i) the details of the current incident;
(ii) the risk of ongoing or further violence;
(iii) previous incidents of domestic violence;
(iv) previous applications for a protection order involving either the respondent and/or the aggrieved; and
(v) previous domestic violence offence history.
All fields in the DV01 are to be completed.
ORDER
Officers making application to a court for a domestic violence order are to prepare, or cause to be prepared, documents
required by the police prosecutor (see s. 9.12.2: ‘Documents required by police prosecutor’ of this chapter).
Officers are to ask the aggrieved if the confidentiality of contact details is an issue and, if necessary, make appropriate
arrangements to ensure such confidentiality.
PROCEDURE
Where the aggrieved requests their contact details to not be included on the notice, officers should provide the contact
details of the aggrieved to the court on a QP 0932: ‘Aggrieved confidential address form’.
Applications including named persons
Applications for domestic violence orders may also include:
(i) a child:
(a) of the aggrieved; or
(b) a child who usually lives with the aggrieved,
(see s. 53: ‘Naming child’ of the DVFPA and s. 9.13: ‘Children exposed to domestic violence’ of this chapter);
(ii) a relative of the aggrieved (see s. 52: ‘Naming relative or associate of aggrieved’ of the DVFPA); and
(iii) an associate of the aggrieved (see s. 24(3): ‘Who can a domestic violence order protect’ and s. 52 of the
DVFPA),
who become a named person in the order (see s. 24: ‘Who can a domestic violence order protect’ of the DVFPA). Prior
to including named persons in a domestic violence order, the court must be satisfied that naming the relative or associate
in the order is necessary or desirable to protect them from associated domestic violence.
ORDER
Officers submitting a DV01 which seeks to have relatives, children or associates of the aggrieved protected by a
domestic violence order are to include sufficient information to demonstrate the naming of the:
(i) person is necessary or desirable to protect them from associated domestic violence; or
(ii) child of the aggrieved is necessary or desirable to protect the child from:
(a) associated domestic violence; or
(b) being exposed to domestic violence committed by the respondent.
Applications involving several respondents
ORDER
A separate DV01 is to be completed for each respondent.
POLICY
Where multiple respondents have been involved in the same or substantially the same acts of domestic violence against
an aggrieved, the applications should be collated and presented to the court for hearing together. A single QPRIME
occurrence is to be created with additional QPS DFV reports where more than one respondent is involved.
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9.8.2 Application for a temporary protection order
An application for a temporary protection order under s. 129: ‘When police officer may apply for temporary protection
order’ of the Domestic and Family Violence Protection Act, can be made by telephone, fax, radio, e-mail or other similar
facility (see s. 130: ‘Making of application’ of the Domestic and Family Violence Protection Act).
Section 129 of the Domestic and Family Violence Protection Act provides an officer:
(i) may apply for a temporary protection order against a person if the officer reasonably believes:
(a) the application for a protection order will not be decided sufficiently quickly by a court to protect the
aggrieved from domestic violence; and
(b) a temporary protection order is necessary or desirable to protect the aggrieved from domestic violence;
or
(ii) must apply for a temporary protection order if the respondent has been released from custody under release
conditions and the date for the hearing is more than five business days (one week, excluding weekend days or
public holidays) after the day of release.
ORDER
Officers seeking the issue of a temporary protection order under the provisions of s. 129 of the Domestic and Family
Violence Protection Act are to complete a DV01: ‘Application for a Protection Order’ in accordance with s. 9.8.1:
‘Application for a Protection Order’ of this chapter.
The particulars of the application are to be provided by telephone, fax, radio, email or other similar facility to a magistrate.
The magistrate will then decide whether to issue a temporary protection order and reply to the police officer by telephone,
fax, radio, email or other similar facility.
PROCEDURE
If a temporary protection order is made, the applicant officer is to prepare a DV02: ‘Temporary Protection Order’, through
the relevant QPRIME occurrence, in the terms conveyed by the issuing magistrate. The DV02: ‘Temporary Protection
Order’ is to include the:
(i) name of the magistrate who made the order;
(ii) date and time the order was made; and
(iii) date, time and place at which the matter is to come before a court for a hearing of the application for the
protection order.
An officer is to personally serve a copy of the:
(i) DV02: ‘Temporary Protection Order’; and
(ii) DV01: ‘Application for a Protection Order’;
on the respondent as soon as is practicable.
The officer who served the documents on the respondent is to complete a DV21: ‘Affidavit of personal service’ or DV21A:
‘Statement of police service’ (as applicable in accordance with s. 9.8.4: ‘Service of domestic violence documents’ of this
chapter) and ensure it is returned it to the court where the matter is to be heard, with the DV01 and DV02 marked as
exhibits.
Officers are to ensure that:
(i) the DV01: ‘Application for a Protection Order’ is filed at the office of the clerk of the court at the place where
the application is to be heard as soon as practicable after the temporary protection order is made;
(ii) a copy of the DV02: ‘Temporary Protection Order’ and a copy of the DV01: ‘Application for a Protection Order’
are given to the aggrieved as soon as is practicable; and
(iii) prior to the return date shown on the DV02: ‘Temporary Protection Order’, the relevant police prosecutor is
provided with the documents required for the hearing of an application for a protection order (see s. 9.12.2:
‘Documents required by police prosecutor’ of this chapter).
9.8.3 Police protection notice
A QP 0899: ‘Police Protection Notice’ provides an additional option to officers to seek a domestic violence order under
the Domestic and Family Violence Protection Act, particularly in instances where the respondent is not taken into
custody under the Domestic and Family Violence Protection Act. When a police protection notice is issued in accordance
with s. 101: ‘Police officer may issue police protection notice’ of the Domestic and Family Violence Protection Act, the
aggrieved is immediately protected.
ORDER
Prior to issuing a police protection notice, the issuing officer must:
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(i) be at the same location as the respondent;
(ii) reasonably believe the respondent has committed domestic violence (see s. 8: ‘Meaning of domestic violence’
of the Domestic and Family Violence Protection Act);
(iii) reasonably believe there is not a current domestic violence order or police protection notice which:
(a) names the respondent at the current incident as the respondent, and the other person involved in the
domestic violence as the aggrieved; or
(b) names the respondent at the current incident as an aggrieved, and the other person involved in the
domestic violence as a respondent (i.e. cross-applications are not permitted);
(iv) reasonably believe a police protection notice is necessary or desirable to protect the aggrieved from domestic
violence;
(v) reasonably believe the respondent should not be taken into custody under the Domestic and Family Violence
Protection Act (see s. 9.7.1: ‘Domestic violence custody’ of this chapter);
(vi) obtain approval of a supervising officer (see s. 9.3.1: ‘Definitions’ of this chapter) who is not involved in the
investigation of the domestic violence incident; and
(vii) have not terminated the shift on which the report of domestic violence was received.
POLICY
Officers are not to issue a police protection notice where:
(i) the respondent should be taken into custody (see s. 9.7.1: ‘Domestic violence custody’ of this chapter);
(ii) additional conditions in addition to the mandatory condition and optional cool-down condition are necessary
or desirable to protect the aggrieved from domestic violence;
(iii) the officer believes it is necessary or desirable to protect:
(a) named persons; or
(b) children:
 of the aggrieved; or
 who usually live with the aggrieved;
 in a domestic violence order;
(iv) the respondent is to be restricted from entering any premises, approaching the aggrieved or attempting to
contact the aggrieved beyond the period of the cool-down condition; or
(v) the supervising officer does not approve the issuing of the notice.
A police protection notice is only to be issued on the same shift a report of domestic violence is received. The notice is
intended to allow officers to resolve an incident without needing to attend a police station to complete a DV01:
‘Application for a Protection Order’.
Where an officer has formed the intention to issue a police protection notice and the respondent is threatening or
attempting to decamp from the officer prior to the completion and service of a police protection notice, the respondent
may be directed to remain at an appropriate place for a period reasonably necessary, in accordance with s. 134(1)(b)
of the Domestic and Family Violence Protection Act (see s. 9.8.5: ‘Power to direct person to remain at a place’ of this
chapter).
The time a person may be directed to remain at the appropriate place under s. 134(3) of the Domestic and Family
Violence Protection Act is:
(i) one hour; or
(ii) a longer reasonably necessary time, having regard to the particular circumstances.
PROCEDURE
When preparing a police protection notice, officers are to:
(i) contact a supervising officer (see s. 9.3.1: ‘Definitions’ of this chapter) and seek approval to issue a police
protection notice. If the supervising officer does not grant approval, officers are to:
(a) make application for a protection order by another process under the Domestic and Family Violence
Protection Act; or
(b) finalise the investigation in accordance with s. 9.6.3: ‘Police action where there is insufficient evidence’
of this chapter;
(ii) complete the notice in a legible manner;
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(iii) request the respondent to provide:
(a) the respondent’s contact details; and
(b) address for service of documents;
(the respondent is not obliged to comply with this request);
(iv) fully record the grounds to support the issue of a domestic violence order against the respondent;
(v) select a date when the matter is to be heard. If the magistrates court sits:
(a) at least once a week, within the next 5 business days;
(b) within the next 28 days, at the next available court date; or
(c) if the next sitting date is more than 28 days after the notice is issued, the respondent is to be advised
the:
 matter will be mentioned in another magistrates court within 28 days of the notice being issued;
 other magistrates court will notify the respondent of the date, time and place of the mention;
 respondent may participate in the mention by attending the other magistrates court in person or by
electronic means hearing at the next local magistrates court sitting date; and
 other magistrates court may make a temporary protection order whether or not the respondent
participates in the mention;
(vi) determine whether a cool-down condition is necessary or desirable to protect the aggrieved from domestic
violence (see the subsection titled ‘Cool-down condition’ of this section);
(vii) serve a copy of the police protection notice on the respondent;
(viii) complete a DV21A: ‘Statement of police service’ (available in QPRIME or QPS Forms Select);
(ix) give or arrange for the aggrieved to be given a copy of the police protection notice including the time and
place the application is to be heard;
(x) ensure a signed copy of the police protection notice and DV21A is filed with the clerk of the court where the
person is to appear within three business days of service of the notice and in any case before the date set for the
respondent’s date of appearance on the notice; and
(xi) distribute the completed documentation in accordance with the instructions printed on the notice.
Officers should ensure the aggrieved named in the police protection notice has been advised, as soon as possible, with
regard to the issue of the notice and cool-down condition (if issued).
ORDER
Officers issuing a police protection notice are to take reasonable steps to ensure the respondent, aggrieved, or parent
of a child who is a respondent or aggrieved, understands the nature and consequences of the notice.
PROCEDURE
Officers issuing a police protection notice are to explain to the respondent, aggrieved, or parent of a child who is a
respondent or aggrieved:
(i) the purpose of the notice;
(ii) the duration of the notice;
(iii) the conditions of the notice;
(iv) the consequences of the respondent contravening the notice;
(v) that the aggrieved cannot consent to the respondent contravening the notice;
(vi) that the notice is an application for a protection order by a police officer;
(vii) the date, time and location where the hearing of the application will be heard; and
(viii) the right of the respondent or aggrieved to obtain legal advice before attending court.
After explaining the police protection notice to the respondent, officers may request the respondent to sign the notice to
acknowledge the receipt and explanation of the notice, there is no legal requirement for the respondent to sign notice.
ORDER
The officer issuing a police protection notice is to ensure a QPRIME Domestic Violence – Application Police [1372]
occurrence is created prior to terminating the shift where the notice is issued.
An officer who has issued a police protection notice is to prepare, or cause to be prepared, documents required by the
police prosecutor (see s. 9.12.2: ‘Documents required by police prosecutor’ of this chapter).
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Officers are to ask the aggrieved if the confidentiality of contact details is an issue and, if necessary, make appropriate
arrangements to ensure such confidentiality (see s. 9.8.1: ‘Application for a protection order’ of this chapter).
PROCEDURE
Where the aggrieved requests their contact details to not be included on the notice, officers should provide the contact
details of the aggrieved to the court on a QP 0932: ‘Aggrieved confidential address form’.
Cool-down condition
Where an officer issues a police protection notice, the respondent may be issued a cool-down condition in accordance
with s. 107: ‘Cool-down condition’ of the Domestic and Family Violence Protection Act, if the police officer reasonably
believes such a condition is necessary or desirable to protect the aggrieved from domestic violence.
Where a cool-down condition is issued, it commences from the time the notice is served on the respondent and ends at
a date and time:
(i) no more than 24 hours after the notice is issued; and
(ii) reasonable, having regard to the circumstances of the respondent, aggrieved and any other person.
Where a cool-down condition is issued, the respondent may be prevented from doing any or all of the following:
(i) entering, attempting to enter, remaining at or approaching within a stated distance of the stated premises:
(a) where the respondent and aggrieved live together, or previously lived together; or
(b) where the aggrieved lives;
(ii) approaching, or attempting to approach within a stated distance of the aggrieved; or
(iii) contacting, attempting to contact, or asking someone else to contact the aggrieved,
for the period of the cool-down condition.
ORDER
When a cool-down condition is imposed on a respondent, officers are to consider the accommodation needs of the
respondent in accordance with s. 108: ‘Police must consider accommodation needs’ of the Domestic and Family
Violence Protection Act and take any necessary steps to ensure the respondent has access to temporary
accommodation.
Where a child is the respondent on a police protection notice with a cool-down condition, officers are to arrange
temporary accommodation for the respondent and transport, or arrange the transport of, the respondent to the
accommodation.
PROCEDURE
Officers should follow the procedures outlined in s. 9.15.2: ‘Transport and accommodation assistance to a respondent’
of this chapter when:
(i) considering the accommodation needs of an adult respondent; or
(ii) arranging temporary accommodation and transport of a child respondent.
9.8.4 Service of domestic violence documents
POLICY
The Domestic and Family Violence Protection Rules provides for when an officer must personally serve a domestic
violence document as follows:
(i) a DV21: ‘Affidavit of personal service’ (available in QPRIME) is to be completed upon service of a court order
including a:
(a) protection order;
(b) temporary protection order;
(c) temporary variation of a protection order; and
(d) variation of a court order,
on the respondent;
(ii) a DV21A: ‘Statement of police service’ (available in QPRIME) is to be completed upon service of a document
under the Domestic and Family Violence Protection Act (DFVPA) that is not a court order, including a:
(a) DV01: ‘Application for a protection order’ on the respondent;
(b) DV04: ‘Application to vary a protection order’ on the:
(a) respondent if the respondent is not the applicant; or
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(b) aggrieved and any affected named person if the respondent is the applicant;
(c) QP 0937: ‘Release from custody conditions’ on the respondent;
(d) QP 0899: ‘Police protection notice’ on the respondent; and
(e) DV27: ‘Application to withdraw’ on other parties to the proceeding; or
(iii) a DV25: ‘Affidavit’ (available in QPRIME) is to be completed when service of an order is achieved other than
by personal service.
Where an officer completes a DV21 upon personal service of any of the above documents, the completion of a DV21A
is not required.
Release from custody
POLICY
Where a police officer is releasing a person under s. 124: ‘Release of person from custody’ of the DFVPA, the officer
may complete a DV21A: ‘Statement of police service’ for service of all documents including court orders, e.g. a protection
order.
Filing at the court
POLICY
Officers are to file completed DV21, DV21A or DV25 at the relevant court, with a copy of the document served marked
as ‘Exhibit A’ as soon as practicable, and in any event prior to the next appearance before the court.
Where a copy of the document served is not available, officers are to include on the DV21, DV21A or DV25 details
which will enable the document served to be identified by the court.
See rr. 13: ‘Proof of personal service’ and 14: ‘Statement of police service’ of the Domestic and Family Violence
Protection Rules.
Service of documents on the respondent
The service of domestic violence documents directly affects the safety of the aggrieved and/or any relative or associate
named in the order. Officers should treat the service of domestic violence documents as a matter of urgency, particularly
the service of domestic violence orders, and serve domestic violence documents on a respondent in a timely manner.
ORDER
Officers are to serve such documents upon respondents as soon as reasonably practicable.
Informing a respondent of the conditions and existence of an order by electronic means should only occur when personal
service cannot be completed within a reasonable period of time.
POLICY
Officers should serve domestic violence documents on the respondent personally. The officer is to:
(i) give the document, or a copy of the document, to the person intended to be served;
(ii) tell the person what the document is and explain the document; and
(iii) for a police protection notice, explain the notice taking reasonable steps to ensure the person understands
the nature and consequences of the notice (see s. 9.8.3: ‘Police protection notice’ of this chapter).
Where the respondent does not accept the document or copy, the officer may serve it by putting it down in the person’s
presence and telling the person what it is.
Where the respondent was present in court when an order was made, personal service of an order on a respondent is
taken to have been performed (see r. 12: ‘How personal service is performed’ of the Domestic and Family Violence
Protection Rules).
Informing a respondent of an order and conditions without serving the order is to be avoided unless personal service
has first been attempted and further attempts would result in significant delay of service e.g. the respondent is avoiding
service.
Where the respondent is a child, see also s. 9.13.6: ‘Service of domestic violence documents on children’ of this chapter.
PROCEDURE
Service of domestic violence documents is to be tasked through QPRIME. The domestic violence documents should be
scanned into the relevant occurrence prior to sending the task. Tasks should be sent through the relevant officer in
charge.
ORDER
When documents under the DFVPA, are received at a station or establishment for service, an officer is to:
(i) serve or cause to be served, a copy of the documents on the respondent as soon as reasonably practicable;
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(ii) after service, complete relevant affidavit or statement of service documents, mark the served document as
‘Exhibit A’ and return the endorsed copies to the relevant clerk of the court; and
(iii) update the relevant QPRIME occurrence to record the document service, prior to the termination of the
officer’s shift.
When service of domestic violence documents cannot be affected by the date and time fixed for the hearing, the relevant
clerk of the court is to be advised. The officer attempting to serve a protection order application should liaise with the
relevant police prosecutor to seek the issue of a temporary protection order (see s. 40: ‘Hearing of application – before
respondent is served’ of the DFVPA and s. 9.8.2: ‘Application for a temporary protection order’ of this chapter).
Officers serving documents are to address confidentiality and safety issues, particularly where an aggrieved has
requested their details not be disclosed.
PROCEDURE
Before attempting to serve domestic violence documents upon a respondent, officers should check QPRIME to ascertain
if:
(i) the respondent is a wanted person or a person of interest;
(ii) the respondent holds a weapons licence;
(iii) the details of any weapons recorded as being owned by the respondent; and
(iv) there is any information relevant to the safety of officers serving the document.
POLICY
Officers should provide timely advice to the aggrieved, where practicable, as to whether or not document service has
been effected.
Interstate orders
An interstate order includes an order made by a court of another State, a Territory or New Zealand.
ORDER
A DV15: ‘Certificate of Registration of an Interstate Domestic Violence Order’ is not to be served on a respondent without
the written consent of the aggrieved.
Deemed service of temporary protection order
The DFVPA provides when an officer commences a proceeding by a:
(i) QP 0899 (see s. 113: ‘Duration’ of the DFVPA); or
(ii) DV01 and QP 0937 (see s. 125(6): ‘When police officer must release person on conditions’ of the DFVPA);
and a court makes a temporary protection order that includes the same conditions as the police protection notice (the
cool-down condition is not taken into account) or release from custody conditions, the temporary protection order is
deemed to have been served on the respondent when the order is made.
Service of unserved documents on the respondent
POLICY
When an officer locates the respondent named in an unserved:
(i) application for a domestic violence order;
(ii) temporary protection order; or
(iii) protection order,
the officer is to advise the respondent of the existence of the unserved domestic violence application or order and
explain the conditions of the order to the respondent.
PROCEDURE
If the officer is in possession of a copy of the unserved domestic violence application or order when the respondent is
located, the unserved domestic violence application or order is to be served and explained to the respondent.
If the officer is not in possession of a copy of the unserved domestic violence application or order when the respondent
is located, the officer should:
(i) provide details of the unserved domestic violence application or order to the respondent by either:
(a) arranging for a copy of the order to be sent electronically to the officer, so the officer can explain the
conditions of the order to the person; or
(b) arranging for another police officer to tell the respondent about the conditions of the order over a radio,
telephone or other communication device,
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which would make a contravention of the order or any conditions enforceable; and
(ii) make suitable arrangements for the respondent to receive a paper copy of the domestic violence application
or order.
Officers may direct a respondent to remain at an appropriate place for the time reasonably to serve and explain or tell
a respondent of an unserved domestic violence application or order (see s. 134: ‘Power to direct person to remain at
place’ of the DFVPA and s. 9.8.5: ‘Power to direct person to remain at a place’ of this chapter).
The officer is to update the relevant QPRIME occurrence with the action taken to serve the order, prior to the termination
of their shift.
Where a respondent is told of the conditions of an order over a radio, telephone or other communication device, the
officer in the presence of the respondent is considered to have ‘told’ the respondent of the order and the conditions of
the order and is to update the relevant QPRIME occurrence prior to the termination of their shift.
Where personal service cannot be completed in a timely manner
Where service on the respondent cannot be completed by personal service in a timely manner, s. 177(3): ‘Contravention
of domestic violence order’ of the DFVPA provides a respondent may be told about the domestic violence order,
including all conditions, by any means including telephone, e-mail, SMS, social networking site or other electronic
means. Where a respondent has been told about a domestic violence order and the conditions of the order by any
means, the order becomes enforceable.
PROCEDURE
Where a respondent is told of an order and its conditions by telephone or an electronic device, the information should
only be transmitted by a Service operated device (e.g. Service mobile phone, email or Facebook page). Private
telephones, email or social media devices are not to be used to tell a respondent of an order.
The relevant QPRIME occurrence should be updated, prior to the termination of the officer’s shift, to record:
(i) the date and time;
(ii) the means of information transmission;
(iii) a transcribed copy of the transmitted text; and
(iv) whether or not the respondent acknowledged receipt of the information.
Once a respondent is ‘told’ of the existence of an order, service of the order may be effected by:
(i) posting a copy of the order to the respondents address, or if the respondent does not have an address for
service, their last known place of business or residence;
(ii) if the person has given a fax number to the relevant court, faxing the order;
(iii) if the person has given an email address to the relevant court, emailing the order;
(iv) by using the respondents lawyers exchange box, fax or email;
(v) by electronic or computer-based means approved by a relevant court; or
(vi) another way as directed by a relevant court.
Once the order has been served, other than by personal service on the respondent, the serving officer is to:
(i) complete a DV25: ‘Affidavit’ outlining the details of service and return the endorsed copies of the order to the
relevant clerk of the court; and
(ii) update the relevant QPRIME occurrence to record the document service.
See r. 15: ‘How ordinary service is performed’ of the Domestic and Family Violence Protection Rules.
A respondent cannot be directed to attend a police station or establishment to complete service of an application or
order under the DFVPA.
Giving documents to the aggrieved
ORDER
Where an officer is making an application to a court for a domestic violence order, the officer is to give or arrange for a
copy of the application to be given to the aggrieved (see s. 35: ‘Copy of application must be given to aggrieved’ of the
DFVPA).
9.8.5 Power to direct a person to remain at a place
An officer who reasonably suspects that a person is named as a respondent in an application for a protection order or
a domestic violence order that has not been served may, in accordance with s. 134: ‘Power to direct person to remain
at place’ of the Domestic and Family Violence Protection Act direct a respondent to remain at an appropriate place for
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the time reasonably necessary to allow service of the document. An officer must remain with the respondent during the
period of the direction.
An appropriate place would be considered a place where the respondent does not commit an offence against the
Domestic and Family Violence Protection Act, any other legislation or be in a hazardous location (for example the
respondent cannot remain at a place where he or she would contravene a condition of the order or beside a busy
freeway). Officers should direct the person to attend a suitable location in close proximity (for example a nearby
intersection).
The time a person may be directed to remain at the appropriate place under s. 134(3) of the Domestic and Family
Violence Protection Act is:
(i) one hour; or
(ii) a longer reasonably necessary time, having regard to the particular circumstances (for example when
investigating a current incident).
ORDER
Officers are not to unreasonably delay the service of an order or application or issuing and serving a police protection
notice after giving a respondent a direction to remain at an appropriate place.
The respondent is to be warned that it is an offence to fail to comply with the direction, unless the person has a
reasonable excuse.
POLICY
Officers should only direct a person to remain at a place in circumstances where the respondent is likely to decamp
prior to being served with an order, application or notice.
ORDER
Where a person is directed to remain at a place in accordance with s. 134 of the Domestic and Family Violence
Protection Act, the officer making the direction is to ensure a custody report is created in the relevant domestic violence
QPRIME occurrence prior to the termination of that shift.
PROCEDURE
The officer is to update the relevant QPRIME occurrence with the details:
(i) of the date and time the respondent was detained and released in a custody report in the person’s entity; and
(ii) regarding the service of the application or order.
Service of an order or application
Where an officer reasonably suspects a person is named as a respondent in:
(i) an application for a protection order that has not been served on the person; or
(ii) a domestic violence order that has not been served on the person;
the officer may direct the respondent to remain at an appropriate place to allow the officer to:
(i) if the officer has a copy of the application or order in their possession:
(a) serve a copy of the application for a protection order;
(b) serve a copy of the domestic violence order and explain the conditions imposed by the order; or
(ii) if the officer does not have a copy of the order in their possession, arrange for the respondent to be told about
the order and any conditions imposed by the order by:
(a) arranging for a copy of the order to be sent electronically to the officer, so the officer can explain the
conditions of the order to the respondent; or
(b) arranging for another police officer to tell the respondent about the conditions of the order over a radio,
telephone or other communication device;
(see the subsection titled ‘Telling a respondent of an order’ of s. 9.8.4: ‘Service of domestic violence documents’ of this
chapter).
In the instance of (ii) above, a domestic violence order becomes enforceable. The officer in the presence of the
respondent:
(i) is considered to have ‘told’ the respondent of the order and the conditions of the order;
(ii) is to update the relevant QPRIME occurrence; and
(iii) should also make suitable arrangements for the respondent to receive a paper copy of the order by ordinary
service.
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It must be noted by officers that under s. 134 of the Domestic and Family Violence Protection Act, a respondent cannot
be directed to:
(i) remain at an appropriate place until a paper copy of the domestic violence application or order is delivered; or
(ii) attend a police station or establishment to collect a paper copy of the domestic violence application or order.
Issue of a police protection notice
Where an officer is investigating a domestic violence incident and intends to issue a police protection notice (see s.
9.8.3: ‘Police protection notice’ of this chapter), the officer may direct the respondent to remain at an appropriate place
to allow the officer to prepare, serve and explain the police protection notice to the respondent.
9.8.6 Domestic violence orders unable to be served
ORDER
Officers who are unable to serve a domestic violence protection order are to update the relevant QPRIME occurrence
outlining why the domestic violence order was not able to be served and attach a scanned copy of the order.
PROCEDURE
If the officer is unable to serve a domestic violence order due to the respondent residing:
(i) in another Queensland location, the officer is to forward a ‘document service’ task in QPRIME; or
(ii) in another Australian state or New Zealand, the officer is to prepare and submit a report through their chain of
command to the officer in charge of the division where the respondent is residing or was last known to reside
requesting:
(a) service of the order; and
(b) a DV21: ‘Affidavit of personal service’ (see s. 9.8.4: ‘Service of domestic violence documents’ of this
chapter) be completed by the officer upon service and returned.
Where an officer considers a direction is needed by the court regarding how a document is to be served, the officer may
request the court to decide whether to issue a direction about how the document is to be served.
See also r. 17: ‘Service outside the State’ of the Domestic and Family Violence Protection Rules.
9.8.7 Interstate orders
The Domestic and Family Violence Protection Act recognises domestic violence orders which have been issued in
another State, Territory or New Zealand and registered at a court in Queensland. The legislation recognises that the
categories of persons protected by interstate orders are at times different from those referred to in the Queensland
legislation.
ORDER
When an interstate order has been registered in Queensland, officers are to enforce the interstate order and its
provisions as if it were issued in Queensland.
Before enforcing the contravention of an interstate order, officers are to satisfy themselves that the order has been
registered in Queensland.
When an officer attends a domestic violence incident and the aggrieved is protected by an interstate order which has
not been registered in Queensland, the officer is to investigate the domestic violence in accordance with the Domestic
and Family Violence Protection Act.
POLICY
Officers in charge who receive registered interstate orders are to ensure that the order is recorded as soon as practicable
as a QPRIME occurrence.
PROCEDURE
Where an interstate order has not been registered in Queensland, officers should:
(i) determine if the circumstances of the report amount to an offence under another Act. If an offence under
another Act has been committed, officers should consider taking action under that Act (see s. 9.6.7: ‘Prosecution
of statutory offences’ of this chapter); and
(ii) investigate the report of domestic violence and make application for a protection order under the Domestic
and Family Violence Protection Act as appropriate; or
(iii) advise the aggrieved to contact the nearest clerk of the court to have the interstate order registered in
Queensland if there are insufficient grounds to make an application under the Domestic and Family Violence
Protection Act.
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9.8.8 Application to vary domestic violence orders including interstate orders
POLICY
Officers should provide any necessary assistance to an aggrieved regarding an application for variation of a domestic
violence order. However, officers should be aware that a request by an aggrieved for the variation of a domestic violence
order may be due to threats, intimidation or other acts by a respondent. Officers should bear in mind that the domestic
violence order and the conditions on it directly affect the safety of the aggrieved and any named persons.
PROCEDURE
Officers should, if it is believed:
(i) the change will benefit the aggrieved or named person; and
(ii) there is sufficient reason for so doing,
make the application for variation of the order on behalf of the aggrieved or named person.
Officers should bear in mind the provisions of s. 9.6.6: ‘Contravention of domestic violence order, release conditions or
police protection notice’ of this chapter where circumstances indicate that the aggrieved wishes to resume contact with
the respondent for a number of reasons, which may include personal, business or family matters and does not wish to
contravene the domestic violence order.
Officers should be aware that there is no provision under the Domestic and Family Violence Protection Act to revoke a
domestic violence order. Section 86: ‘Application for variation’ of the Domestic and Family Violence Protection Act
allows an application to be made to vary a domestic violence order including by changing the duration of the order,
which may be varied pursuant to s. 91: ‘When a Court can vary domestic violence order’ of the Domestic and Family
Violence Protection Act. Also, under s. 175: ‘Variation or cancellation of registered interstate order’ of the Domestic and
Family Violence Protection Act an application may be made to cancel the registration of an interstate order in
Queensland.
ORDER
When an officer investigates a report of domestic violence and as a result of that investigation the officer determines
that an existing order needs to be varied for the benefit of the aggrieved or named person, the officer is to:
(i) subject to the responsibility of the investigating officer to present sufficient evidence to the court, record the
grounds to support an application, including, whenever possible, a statement or DV25: ‘Affidavit’ from the
aggrieved;
(ii) open the relevant QPRIME occurrence and complete a DV04: ‘Application to Vary a Domestic Violence Order’;
(iii) select a suitable date, time and place for the hearing of the application;
(iv) ensure the documents are filed with the clerk of the court where the application is to be determined;
(v) complete any other relevant statements/affidavits outlining the circumstances which necessitate the variation
of the order (affidavits are to be filed at the court in accordance with r. 37: ‘Filing affidavit’ of the Domestic and
Family Violence Protection Rules);
(vi) complete the first page of a QP 0931: ‘Domestic Violence Application Information Sheet’ (available on QPD
Forms Select). Refer to s. 9.12.2: ‘Documents required by police prosecutor’ of this chapter for requirements;
(vii) give or cause the aggrieved and any affected named persons to be given a copy of the DV04: ‘Application to
Vary a Domestic Violence Order’;
(viii) personally serve, or cause to be served, a copy of the application and notification of hearing on the
respondent; and
(ix) complete a DV21A: ‘Statement of police service’ (available in QPRIME or QPS Forms Select) in relation to
the aforementioned service of documents on the respondent.
Where an officer is considering making an application to vary a domestic violence order by removing a condition from
the order, that officer should, prior to making such an application, consult the officer who made the application for the
original order where practicable.
Upon receipt of an order made by a court in response to an application to vary a domestic violence order, officers in
charge are to ensure that the relevant QPRIME occurrence is updated.
Temporary protection order in relation to an application to vary a domestic violence order
Where a court adjourns a hearing of an application to vary a domestic violence order, the court may:
(i) make a temporary protection order against a respondent; and
(ii) suspend the existing domestic violence order,
until the court makes a decision on the application for the variation.
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The suspension of the existing domestic violence order and the commencement of the temporary protection order starts
when:
(i) the respondent is served with a copy of the temporary protection order; or
(ii) when an officer has told the respondent of the temporary protection order, including the conditions of the order
(in accordance with s.177: ‘Contravention of domestic violence order’ of the Domestic and Family Violence
Protection Act).
See s. 9.8.4: ‘Service of domestic violence documents’ of this chapter.
The existing domestic violence order is revived (i.e. the suspension ends and it is enforceable against the respondent
as if it had never been suspended) and the temporary protection order ends when the:
(i) court varies the existing domestic violence order and:
(a) if the respondent is present in court, when the court varies the order; or
(b) if the respondent is not present in court:
 when the respondent is served with a copy of the varied existing protection order; or
 when an officer has told the respondent of the order, including the conditions of the order in
accordance with s.177: ‘Contravention of domestic violence order’ of the Domestic and Family
Violence Protection Act).
See s. 9.8.4: ‘Service of domestic violence documents’ of this chapter;
(ii) court refuses to vary the existing domestic violence order and:
(a) if the respondent is present in court, when the refusal happens; or
(b) an officer tells the respondent about the refusal in any way (e.g. telephone, email, SMS message, a
social networking site or other electronic means), or
(iii) application for the variation to the existing domestic violence order is withdrawn and:
(a) if the respondent is present in court, when the withdrawal is made; or
(b) an officer tells the respondent about the withdrawal in any way (e.g. telephone, email, SMS message,
a social networking site or other electronic means).
See s. 48: ‘Temporary protection order in relation to application for variation’ of the Domestic and Family Violence
Protection Act and r. 19: ‘Obligation to inform police commissioner if suspended domestic violence order is to be revived’
of the Domestic and Family Violence Protection Rules.
POLICY
Where a member receives advice from a court regarding the status of a domestic violence order or temporary protection
order, the member is to ensure the relevant QPRIME occurrence is updated to reflect the current status of the order.
Where service of a domestic violence document is required, members are to comply with s. 9.8.4: ‘Service of domestic
violence documents’ of this chapter.
Where the suspended domestic violence order is to be revived due to a refusal or withdrawal of an application to vary
a domestic violence order, the court will provide a DV28: ‘End of Suspension and Revival of DV Order’ and a copy of
the domestic violence order being revived. Where a member receives these documents from a court, the member is to:
(i) accept them on behalf of the Commissioner pursuant to Authority D 18.18;
(ii) ensure QPRIME is updated and the documents scanned into the relevant occurrence; and
(iii) ensure a QPRIME task is created and assigned as necessary to enable the respondent to be served or
informed.
Officers are to advise a respondent about the refusal or withdrawal of application to vary a domestic violence order and
the subsequent revival of the suspended domestic violence order by:
(i) personally serving the copy of the order and the DV28 on the respondent where possible; and
(ii) completing a DV25: ‘Affidavit’ outlining the details of service (available on QPRIME or QPS Forms Select),
in accordance with s. 9.8.4: ‘Service of domestic violence documents’ of this chapter.
Officers should only tell the respondent about the refusal or withdrawal of application to vary a domestic violence order
and the subsequent revival of the suspended domestic violence order in another way after attempting personal service
(for other ways of telling the respondent, see s. 48(7): ‘Temporary protection order in relation to application for variation’
of the Domestic and Family Violence Protection Act). See ‘Where personal service cannot be completed in a timely
manner’ in s. 9.8.4: ‘Service of domestic violence documents’ of this chapter for relevant procedures.
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The existing domestic violence order is revived upon the respondent being told of the withdrawal or refusal (i.e. the
suspension ends and it is enforceable against the respondent as if it had never been suspended) and the temporary
protection order ends.
Members are to ensure the relevant QPRIME occurrence is updated to reflect when an existing domestic violence order
is revived.
9.8.9 Withdrawal of domestic violence order applications
Withdrawal of an application for a domestic violence order by an officer
POLICY
The Domestic and Family Violence Protection Act is designed to protect the aggrieved, children and named persons
against behaviour of the respondent which constitutes domestic violence. The withdrawal of a police application for a
domestic violence order may wrongly imply to both the aggrieved and the respondent that domestic violence is
acceptable behaviour within the community. Officers should not withdraw applications for a domestic violence order
unless compelling reasons exist. These reasons may include:
(i) continued non-service of the relevant documents on the respondent and no further domestic violence has
occurred;
(ii) a protection order is no longer necessary or desirable to protect the aggrieved and named persons from
domestic violence; or
(iii) lack of sufficient evidence.
An application to withdraw a domestic violence application by an officer should not be made merely because the
aggrieved wishes that the matter be withdrawn.
ORDER
Officers who have made an application to a court for a domestic violence order, or police prosecutors placing domestic
violence matters before the court are not to withdraw that application without first obtaining approval from:
(i) a commissioned officer;
(ii) the Officer in Charge, Police Prosecutions Corps, Legal Services, Legal Division; or
(iii) in the case of an application for a domestic violence order against a member of the Service, an officer of the
rank of assistant commissioner or above.
Police prosecutors who intend to request the withdrawal of a domestic violence order should, where practicable, first
consult with the officer who made the initial application.
PROCEDURE
When considering withdrawing an application for a domestic violence order, the officer authorised to approve the
withdrawal should consider all circumstances including whether:
(i) there is sufficient evidence to support the application;
(ii) a domestic violence order is necessary or desirable to protect the aggrieved or named person from domestic
violence;
(iii) a Queensland domestic violence application for an order has been made in lieu of a contravention of a
registered interstate domestic violence order. In these circumstances it may be appropriate to withdraw the
Queensland application and proceed with the contravention of the registered interstate domestic violence order;
or
(iv) two concurrent Queensland domestic violence protection order applications exist and it is appropriate to
withdraw one of the applications.
Officers wishing to obtain approval to withdraw an application under the Domestic and Family Violence Protection Act
may obtain verbal approval from the officer authorised to approve the withdrawal of a domestic violence application. If
verbal approval is granted, the officer who made the request to have the application withdrawn should furnish a brief
report to the authorising officer outlining the circumstances which necessitated the withdrawal.
ORDER
When an application for a domestic violence order has been withdrawn, the aggrieved and respondent are to be advised
of that action by the officer who withdrew the application where practicable.
When an application for a domestic violence order has been withdrawn, the officer responsible for seeking the
withdrawal is to ensure that the relevant QPRIME occurrence is concluded.
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Withdrawal of a domestic violence order by an applicant other than a police officer
An applicant may withdraw an application for a protection order orally during a proceeding or in writing to the clerk of
the relevant court by a DV27: ‘Application to Withdraw’. Where a court receives a DV27, the court will send a copy to
the officer in charge of the police station nearest the place where the respondent was last known to live.
POLICY
The officer in charge of a police station receiving a copy of the DV27 is to ensure a:
(i) copy is personally served on the other parties in the proceeding (such as the respondent); and
(ii) DV21A: ‘Statement of police service’ (available in QPRIME or QPS Forms Select) is completed for each copy
served, ensuring the served document is marked as ‘Exhibit A’ and the endorsed copies are returned to the
relevant clerk of the court (see s. 9.8.4: ‘Service of domestic violence documents’ of this chapter).
(See also s. 9.8.4: ‘Service of domestic violence documents’ of this chapter and r. 50: ‘Withdrawal of DFVP
application’ of the Domestic and Family Violence Protection Rules).
9.8.10 Voluntary intervention order
When making or varying a domestic violence order, a court may make a voluntary intervention order under s. 69: ‘Court
may make voluntary intervention order’ of the Domestic and Family Violence Protection Act. A voluntary intervention
order requires the respondent to complete an intervention program or receive counselling from an approved provider to
overcome harmful behaviour relating to domestic violence. A voluntary intervention order can only be made with the
consent of the respondent.
During a voluntary intervention order a number of approved notices will be provided to the court and the Commissioner
by the approved provider.
ORDER
The officer in charge of the relevant police division or the officer in charge of the police prosecutions corps appearing in
the court where the order was issued is to receive the order on behalf of the Commissioner.
PROCEDURE
Approved notices received on behalf of the Commissioner are to be entered in the relevant QPRIME domestic violence
occurrence by the relevant police division or police prosecutions corps receiving the notice.
POLICY
Whilst no offence is committed if a respondent contravenes a voluntary intervention order, officers making application
for future domestic violence orders involving the respondent should include details of previous voluntary intervention
orders and the outcome of those orders.
9.9 Assisting persons involved in domestic violence to retrieve property
Occasionally police will be requested to assist persons involved in domestic violence to retrieve property belonging to
the person from premises occupied by other persons involved in the domestic violence situation.
These situations may include circumstances where an aggrieved has left property in a premises occupied by a
respondent or where a respondent has left property in a premises occupied by an aggrieved.
A court may impose a condition under s. 59: ‘Conditions relating to the recovery of personal property’ of the Domestic
and Family Violence Protection Act to allow the aggrieved to access or recover stated personal property. The court may
also require:
(i) an officer to supervise the access or recovery of the property; or
(ii) the respondent to remain a stated distance from the premises during a stated period of time whilst the
aggrieved accesses or recovers the stated property.
When a court has imposed an ouster condition against the respondent in a domestic violence order, the court must
consider imposing a return condition under s. 65: ‘Return condition’ of the Domestic and Family Violence Protection Act
to recover or remove stated personal property. Where a return condition is imposed a court may include a condition
stating:
(i) when the respondent may return to the premises and how long the respondent may remain at the premises
without contravening the domestic violence order; and
(ii) whether an officer must supervise the recovery and removal of the stated property.
A return condition does not permit the respondent to recover or remove personal property that is required to meet the
daily needs of any person who continues to live at the premises stated in the ouster condition (for example, household
furniture, kitchen appliances).
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POLICY
Members receiving requests from persons involved in domestic violence to assist in retrieving property are to:
(i) ensure that the request is recorded, prioritised and actioned in accordance with ss. 1.6.1: ‘Recording initial
demand’ and s. 14.24: ‘Priority codes’ of this Manual; and
(ii) confirm on QPRIME whether a current domestic violence order is in place which includes a condition
authorising access to a premises to retrieve property.
Officers assisting persons to retrieve property should ensure that:
(i) domestic violence;
(ii) breaches of the peace (see s. 13.4.10: ‘Breaches of the peace’ of this Manual); or
(iii) other offences,
do not occur while the person is retrieving property. Where appropriate, officers should use the powers provided by s.
50: ‘Dealing with breach of the peace’, s. 52: ‘Prevention of offences – general’ and s. 609: ‘Entry of place to prevent
offence, injury or domestic violence’ of the Police Powers and Responsibilities Act to ensure the safety of persons and
property.
ORDER
Officers:
(i) are not to assist:
(a) a person to make a forcible entry to any premises to retrieve property; or
(b) a respondent to retrieve property from premises which the respondent is prohibited from entering by
the conditions of a domestic violence order or release from custody conditions; and
(ii) should not:
(a) become involved in the actual removal of property; or
(b) attempt to determine the ownership of items which a person seeks to retrieve. Officers should advise
persons not to remove property which is of disputed ownership.
POLICY
Officers should advise persons desiring to remove jointly owned property that the removal of such property without the
consent of all other joint owners may constitute an offence (see s. 396: ‘Stealing by persons having an interest in the
thing stolen’ of the Criminal Code).
Generally, officers should ensure that a person is allowed to retrieve any of the person’s personal items and clothing
and those of any children in the care of the person or other items which are not of disputed ownership or items which
all other joint owners consent to the removal of.
Where a domestic violence order includes a condition under s. 59 of the Domestic and Family Violence Protection Act
to allow the aggrieved to access or recover property and access to or removal of the property is denied by the
respondent, officers should:
(i) advise the aggrieved that:
(a) police will not force entry on their behalf; and
(b) if the aggrieved causes damage to the property of the respondent or a third party in attempting to access
or remove property, the aggrieved may be liable to prosecution (see s. 458(2): ‘Unlawful Acts’ of the
Criminal Code);
(ii) where possible, warn the respondent of the consequences of failing to comply with the domestic violence order
and attempt to seek their cooperation in allowing access to or removal of property; and
(iii) take any necessary action to investigate and prosecute any contravention of the relevant domestic violence
order committed by the respondent by not:
(a) allowing the aggrieved to access or remove the aggrieved’s property;
(b) leaving the premises for the period of time or distance stated in the order; or
(c) complying with any other condition of the order.
In cases where an aggrieved does not have a domestic violence order which has as a condition under s. 59 of the
Domestic and Family Violence Protection Act and recovery or access to the property by the aggrieved has been
prevented by the respondent, officers should:
(i) advise the aggrieved to obtain a variation to the existing domestic violence order to require the respondent to
return property or allow access or recovery of the aggrieved’s property; or
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(ii) if a domestic violence order has not been issued:
(a) conduct an investigation to determine whether there are sufficient grounds to support a police
application for a domestic violence order (see s. 9.6.2: ‘Investigating domestic violence – initial action’ of
this chapter) including a condition under s. 59 of the Domestic and Family Violence Protection Act if
appropriate; or
(b) if there is insufficient evidence to support a police application for a domestic violence order advise the
involved parties about appropriate support agencies, where available (see ss. 9.6.3: ‘Police action to be
taken where there is insufficient evidence’ and 9.6.8: ‘Domestic violence referral agencies’ of this chapter).
In cases where a respondent does not have a return condition under s. 65 of the Domestic and Family Violence
Protection Act, officers should advise the respondent to seek legal advice about how to retrieve property.
9.10 Weapons
9.10.1 Surrender of weapons and weapons licences after making of domestic violence order
POLICY
Officers serving domestic violence orders on respondents should ensure that:
(i) if the order is served personally on the respondent at the respondent’s place of residence, any weapons licence
issued to the respondent and any weapons in the possession of the respondent are immediately delivered to the
officer; or
(ii) if the order is served on the respondent at any other place or in any way other than by personal service,
arrangements are made for any weapons licence issued to the respondent and any weapons in the respondent’s
possession to be delivered to an officer as soon as practicable and no later than one day after the day the order
is served (see s. 29B of the Weapons Act); and
(iii) in either case, the relevant QPRIME occurrence is updated by adding a supplementary report containing
details of the action taken.
Officers who make arrangements for a respondent to surrender a weapons licence or weapons to a police officer should
promptly ascertain whether such arrangements have been complied with and take any appropriate action against a
respondent who fails to surrender such weapons licences or weapons within the time allowed.
Officers who are given a receipt for weapons ‘otherwise surrendered’ in accordance with s. 29B(8) of the Weapons Act
should endorse the receipt with the:
(i) officer’s name, rank and station;
(ii) time and date the receipt was given to the officer; and
(iii) officer’s signature.
Officers should also record in a supplementary report added to the relevant QPRIME occurrence the:
(i) receipt number;
(ii) date of issue of the receipt;
(iii) date on which the officer received the receipt;
(iv) details of the weapons listed on the receipt; and
(v) name and address of the licensed dealer or armourer to which the weapon was ‘otherwise surrendered’.
The receipt should then be returned to the respondent.
Officers to whom a respondent surrenders a weapons licence should forward the licence to the Officer in Charge,
Weapons Licensing with a covering report stating:
(i) why the licence was surrendered; and
(ii) the QPRIME occurrence number relating to the domestic violence order.
If practicable, a copy of the relevant domestic violence order should be attached to the covering report.
Officers receiving weapons which are surrendered after the making of a domestic violence order should dispose of the
weapon in accordance with the provisions of s. 9.10.2: ‘Disposal of weapons’ of this chapter (see also s. 4.14.1:
‘Weapons, weapon related things and ammunition’ of this Manual).
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ORDER
Officers are to issue a QPB32A: ‘Field property receipt’ under s. 380 of the Police Powers and Responsibilities Act for
any weapon or weapons licence surrendered.
9.10.2 Disposal of weapons
POLICY
When a weapon:
(i) has been seized by an officer e.g. seized under the provisions of s. 609 of the Police Powers and
Responsibilities Act; or
(ii) otherwise comes into the possession of an officer in the course of performing the officer’s functions e.g. a
weapon is given to an officer upon the service of a domestic violence order (see s. 29B of the Weapons Act);
officers should deal with the weapon in accordance with the provisions of s. 714: ‘Disposal of weapons’ of the Police
Powers and Responsibilities Act.
Weapons seized under s. 609 of the Police Powers and Responsibilities Act should be retained for a reasonable time
to prevent the weapon being used for domestic violence or associated domestic violence (see s. 691(3) of the Police
Powers and Responsibilities Act).
Seized or surrendered weapons should be returned to the respondent if:
(i) ordered by a court; or
(ii) an application for a domestic violence order against the respondent is refused by a court or is withdrawn; and
(iii) no other domestic violence order against the respondent is current; and
(iv) the respondent is a holder of a current weapons licence.
Disposal of weapons generally
PROCEDURE
Unless otherwise required to return a weapon to the respondent, at any time within three months after the day of seizure
(see ss. 714 and 715 of the Police Powers and Responsibilities Act) an officer may deliver a weapon to:
(i) the owner or person entitled to possess it; or
(ii) a person nominated by the owner or person entitled to possess it;
provided such delivery will not return the weapon or other thing into the possession of the respondent.
Officers considering delivering a weapon to a person should ensure Part 3, ss. 34A to 49: ‘Acquisition, sale and disposal
of weapons’ of the Weapons Act is complied with.
Officers should also bear in mind the definition of ‘possession’ contained in s. 79 of the Domestic and Family Violence
Protection Act when the respondent nominates some other person to have possession of a weapon or other thing.
Subject to the procedure contained within the subsection titled ‘Special case – protection order not determined within
three months’ of this section, a weapon seized by an officer or otherwise coming into the possession of an officer in the
course of performing the officer’s functions which has not been returned to the owner or some other person entitled to
possess it within three months of the date it was seized is forfeited to the State and is to be disposed of in accordance
with s. 4.14: ‘Action in special cases (weapons, weapons related things, ammunition, dangerous/noxious and potentially
harmful things)’ of this Manual unless a longer period is directed by the Commissioner.
Officers responsible for the disposal of weapons or other things should also refer to s. 4.8: ‘Disposal of property’ of this
Manual.
Special case (protection order not determined within three months)
PROCEDURE
Where a protection order in respect of the respondent has not been determined within a period of three months after a
weapon has been:
(i) seized from a respondent under the provisions of s. 609(4)(d) of the Police Powers and Responsibilities Act;
or
(ii) surrendered under the provisions of s. 29B of the Weapons Act upon the service of a temporary protection
order;
an application should be made to the Commissioner, through the normal chain of command, requesting the weapon or
other thing not be forfeited to the State unless and until a protection order in respect of the respondent is made (see s.
714(3) of the Police Powers and Responsibilities Act) by:
(i) the officer seizing the weapon; or
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(ii) in the case of a weapon surrendered under the provisions of s. 29B of the Weapons Act upon the service of a
temporary protection order, the property officer at the property point where the seized weapon is being held.
9.11 QPRIME Domestic Violence Occurrences
POLICY
The officer in charge of a station or establishment has overall responsibility for ensuring that entries required to be made
on QPRIME in relation to domestic violence are made within the required time frames.
Officers should use QPRIME to record relevant details, particularly concerning service of orders and whether or not the
respondent was present in court at the time the order was issued. This provides important information to police
prosecutors and other officers receiving subsequent reports of domestic violence.
Officers in charge are to ensure regular checks are conducted by the station domestic and family violence liaison officer,
at least monthly, to ensure officers at their station or establishment are complying with the requirements of this section.
Officers in charge are to ensure that all:
(i) interstate orders registered in Queensland;
(ii) private applications for domestic violence orders and any orders made as a result of such applications (see s.
9.12.3: ‘Responsibilities of police prosecutors (police and private applications)’ of this chapter); and
(iii) voluntary intervention orders,
which are received at their station or establishment are entered on QPRIME.
Where this section requires a member to enter details of domestic violence on QPRIME, or cause such entries to be
made, the member required to make the entry is to confirm that such entry is made.
See also s. 11.13.3: ‘Family Law Court order inconsistent with domestic violence order’ of this Manual.
9.11.1 Responsibilities of officers attending domestic violence incidents (applications for domestic
violence orders)
POLICY
An officer:
(i) attending an incident reported as domestic violence, (see s. 9.6.2: ‘Investigating domestic violence (initial
action)’ of this chapter); or
(ii) making an application for a domestic violence order, (see s. 9.8: ‘Domestic violence orders, police protection
notices and conditions’ of this chapter),
is to enter or cause to be entered particulars of the reported domestic violence incident and any application on QPRIME
prior to terminating duty that day.
Identification of supervising officer
POLICY
When an officer investigates a domestic violence incident and:
(i) no domestic violence is detected; or
(ii) the incident is finalised as a ‘Domestic Violence – Other Action’ occurrence; or
(iii) a QP 0899: ‘Police Protection Notice’ is issued,
the officer investigating the domestic violence incident is to:
(i) obtain approval by a supervising officer (see s. 9.3.1: ‘Definitions’ of this chapter) in accordance with
ss. 9.6.3: ‘Police action to be taken where applying for a protection order is not appropriate’ or 9.8.3: ‘Police
protection notice’ of this chapter; and
(ii) link the name of the supervising officer (described as the authorising officer in QPRIME) to the QPRIME
occurrence.
See also s. 11.13.3: ‘Family Law Court order inconsistent with domestic violence order’ of this Manual.
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9.11.2 Responsibilities of an officer taking action against a respondent for a contravention of a
domestic violence order
POLICY
Records on QPRIME provide information relating to offences including offences of domestic violence and intelligence
relating to a person’s conduct.
ORDER
Officers who receive a report of a person who has:
(i) contravened a domestic violence order;
(ii) contravened any other order made under the Domestic and Family Violence Protection Act, other than a
voluntary intervention order;
(iii) contravened conditions on which that person is released from custody under s. 125 of the Domestic and
Family Violence Protection Act, other than the condition directing the person to appear before a court at a
specified time and place; or
(iv) contravened the standard condition or cool-down condition of a police protection notice issued under s. 101
of the Domestic and Family Violence Protection Act,
are to ensure the incident is recorded on QPRIME by Policelink operators.
See also s. 11.13.3: ‘Family Law Court order inconsistent with domestic violence order’ of this Manual.
9.11.3 Responsibilities of releasing officers prior to releasing respondents from custody
ORDER
Before a respondent is released from custody, the releasing police officer (see s. 9.3.1: ‘Definitions’ of this chapter) is
to ensure that the release conditions are entered onto the relevant QPRIME occurrence.
9.11.4 Authorisation to receive documents
POLICY
The Domestic and Family Violence Protection Act requires courts to deliver copies of documents to the Service. In
accordance with:
(i) s. 33: ‘Fixing of date, time and place for hearing’ (application for a protection order); and
(ii) s. 87: ‘Fixing of date, time and place for hearing’ (application for a variation of a protection order);
of the Domestic and Family Violence Protection Act the clerk of the court is to deliver a copy of the relevant documents
to the officer in charge of the police station nearest the place where the respondent lives or was last known to live.
The Domestic and Family Violence Protection Rules requires courts to deliver copies of documents to the Service.
In accordance with:
(i) r. 10: ‘Change of address for service or email to be filed in DFVP court registry’; and
(ii) r. 19: ‘Obligation to inform police commissioner if suspended domestic violence order is to be revived’;
of the Domestic and Family Violence Protection Rules the clerk of the court is to deliver a copy of the relevant documents
to the officer in charge of the police station nearest the place where the respondent lives or was last known to live.
Officers in charge of
(i) police stations; or
(ii) the police prosecution corps appearing at the magistrates court where the matter is being heard,
have been authorised to accept delivery of documents to be given to the Commissioner for the purposes of the Domestic
and Family Violence Protection Act and Domestic and Family Violence Protection Rules (see Delegations D 18.17 and
D 18.18).
9.11.5 Responsibilities of officers in charge of stations or establishments receiving domestic violence
documents
ORDER
Officers in charge of a station or establishment receiving domestic violence applications, orders and registered interstate
domestic violence orders, including private applications, are to ensure that the details of same are entered on QPRIME
on the same day as the documents are received.
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9.11.6 Completion of QPRIME custody and search reports
Entry of a place etc. under s. 609 of the Police Powers and Responsibilities Act
The entry of a place (including a vehicle), search of a person, search of a premises, and the taking or seizing of a thing
under the authority of s. 609: ‘Entry of place to prevent offence, injury or domestic violence’ of the Police Powers and
Responsibilities Act, are ‘enforcement acts’ and are therefore to be entered in a register of enforcement acts (see s.
2.1.2: ‘Registers required to be kept’ of this Manual).
ORDER
Officers who enter a place under s. 609 of the Police Powers and Responsibilities Act are to record the following
QPRIME custody and search reports:
(i) for entry and search of a place (not including a vehicle) only, a ‘Location Search Report’;
(ii) for entry of a place and detention/search of a person only, a ‘Person Stop/Search report’; or
(iii) for entry of a vehicle only, a ‘Vehicle Search Report’,
regardless whether or not anything found at the place or on the person is seized.
This applies in every case this authority is used regardless of whether or not the incident is subsequently determined
as domestic violence within the meaning of the Domestic and Family Violence Protection Act and whether or not consent
was given by the person subject to the exercise of the power.
POLICY
For the purposes of s. 609 of the Police Powers and Responsibilities Act, a place is deemed to have been entered when
an officer has crossed the boundary line of the place.
Taking a person into custody under s. 116 of the Domestic and Family Violence Protection Act
When officers take a person into custody under s. 116: ‘Police officer may take person into custody’ of the Domestic
Violence and Protection Act, the detention must be entered in a custody register (see also s. 9.7.3: ‘Watchhouse/holding
cell procedures – search and release’ of this chapter).
ORDER
Officers who take a respondent into custody under s. 116 of the Domestic and Family Violence Protection Act are to
record a Custody Report (Full) against the person.
Directing a person to remain at a place under s. 134 of the Domestic and Family Violence Protection Act
When an officer directs a person:
(i) who is reasonably suspected to be named as a respondent in an application for a protection order or a domestic
violence order which has not been served; or
(ii) the officer intends to issue a police protection notice,
to remain at an appropriate place under s. 134: ‘Power to direct a person to remain at a place’ of the Domestic and
Family Violence Protection Act, the detention must be entered in a custody register (see also s. 9.8.5: Power to direct a
person to remain at a place’ of this chapter).
ORDER
An officer who directs a person to remain at a place under s. 134 of the Domestic and Family Violence Protection Act is
to record a Custody Report against the person prior to the termination of the shift where the direction was given.
9.12 Prosecuting domestic violence
9.12.1 Police prosecutors to assist in private applications
POLICY
Police prosecutors should be made available to assist an aggrieved who has made a private application for a protection
order or an application to vary a protection order and when requested shall appear on their behalf. However, a police
prosecutor should not appear in respect of an application if:
(i) the prosecutor reasonably believes the application:
(a) is malicious, deliberately false, frivolous or vexatious;
(b) does not show a relevant relationship as defined in s. 13: ‘Meaning of relevant relationship’ of the
Domestic and Family Violence Protection Act exists; or
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(c) does not include an act of domestic violence as defined in s. 8: ‘Meaning of domestic violence’ of the
Domestic and Family Violence Protection Act;
(ii) the aggrieved has adequate legal representation; or
(iii) Legal Aid Queensland is representing the aggrieved.
PROCEDURE
In assisting an aggrieved who has made a private application, the police prosecutor should discuss with the aggrieved
whether it is necessary or desirable to name any relatives or associates of the aggrieved (including children) in the
protection order.
When a police prosecutor receives a request to appear on behalf of an aggrieved who is making a private application
that has been set for hearing, the prosecutor should contact the officer in charge of the division in which the aggrieved
resides to arrange for the preparation of a brief of evidence for hearing as if the application was made by a police officer.
The brief may include statements or affidavits.
ORDER
Officers in charge are to ensure a brief of evidence requested by police prosecutors is prepared in accordance with s.
9.6: ‘Investigation of domestic violence’ of this chapter and s. 3.8: ‘Preparation and submission of briefs of evidence’ of
this Manual.
PROCEDURE
Where a copy of the brief of evidence is sought by the aggrieved or the aggrieved’s legal representative, the police
prosecutor should provide a copy of the:
(i) statements and affidavits; and
(ii) relevant documents attached to the brief.
Where sought by the aggrieved or the aggrieved’s legal representative, other documents such as:
(i) criminal histories of any person; and
(ii) other police-generated documentation, e.g. reverse call charge records, telephone records,
should only be produced by the relevant authority to the court upon subpoena.
Details of all particulars provided should be recorded by the prosecutor on the relevant prosecution file.
See also s. 3.10.11: ‘Property in witnesses’ of this Manual.
9.12.2 Documents required by police prosecutor
ORDER
Officers making application to a court for a protection order or a variation to a protection order (see s. 9.8.8: ‘Application
to vary domestic violence orders including interstate orders of this chapter) are to prepare the following documents for
each respondent in the relevant QPRIME occurrence and initiate the ‘DV Application Notification Task Workflow’ to the
relevant police prosecutions corps prior to the first court appearance:
(i) a QP 0931: ‘Domestic Violence Application – Information Sheet’;
(ii) as appropriate, a:
(a) DV01: ‘Application for a Protection Order’; or
(b) QP 0899: ‘Police protection notice’; or
(c) DV04: ‘Application to Vary a Domestic Violence Order’; and
(iii) a completed DV21A: ‘Statement of police service’ (available in QPRIME or QPS Forms Select).’
Officers who release a respondent from custody on release conditions are to ensure that:
(i) details of the QP 0937: ‘Release from custody conditions’, including service details, are updated within the
relevant QPRIME occurrence for each respondent released prior to the first court appearance; and
(ii) a completed DV21A,
is attached to the station copy of the QP 0937: ‘Release from custody conditions’.
Where original or signed documents are required by the police prosecutor, these are to be forwarded in accordance
with Regional or District Instructions.
POLICY
Whenever possible officers should ensure that the application for a protection order or variation of a protection order
and associated documentation is inspected by a shift supervisor, brief checker or district duty officer prior to submission
to the relevant police prosecution corps (see s. 3.7.5: ‘Checking of court briefs’ of this Manual).
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Interpreters
POLICY
Where the aggrieved or respondent in a police application for a protection order is unable to adequately understand or
communicate in the English language because of cultural differences or physical disability, the applicant officer should
arrange for an accredited on-site interpreter to attend the first mention of the application in court in accordance with s.
6.3.7: ‘Interpreters’ of this Manual.
9.12.3 Responsibilities of police prosecutors (police and private applications)
The availability of information on QPRIME may also affect the safety of officers which clearly dictates that entries should
be made as soon as possible.
ORDER
A police prosecutor in a domestic violence matter, where any of the following has resulted:
(i) a domestic violence order;
(ii) a variation of a domestic violence order; or
(iii) the withdrawal or dismissal of a domestic violence order or an application for an order,
is to ensure any decisions, orders or modifications made by the court are entered on QPRIME prior to terminating
rostered duty. If the entry is unable to be completed prior to the prosecutor terminating duty, it is the responsibility of the
officer in charge of the station or establishment where the respondent lives or was last known to live to make
arrangements for that entry to immediately be made.
Refer also to s. 9.6.2: ‘Investigating domestic violence (initial action)’ of this chapter.
9.12.4 Role of prosecutor in cross applications
Cross applications occur when a person named as the respondent in an application for a domestic violence order which
is before the court (the original application) makes an application for a domestic violence (the cross application) order
against the person named as the aggrieved in the original application.
The Domestic and Family Violence Protection Act (DFVPA) provides where cross applications for protection orders
naming both the aggrieved and respondent have been lodged at:
(i) the same court, and the court is aware of them, the court must hear the applications together unless the court
considers it necessary to hear the applications separately for the safety, protection or wellbeing of the original
aggrieved; or
(ii) a different court, the court may direct either application to be moved to the other court and heard together.
Where a court decides it is necessary for the applications to be heard separately, the court must give reasons for
the decision.
Section 49: ‘Temporary protection order in relation to particular adjourned applications’ of the DFVPA provides that
when the respondent makes a cross application, which is not served on the aggrieved at least one business day before
the date of the hearing of the original application, the court:
(i) must adjourn the hearing of the cross application to another date, unless the aggrieved named in the original
application consents to the court hearing the cross application before hearing the original application or together
with the original application; and
(ii) must consider making a temporary protection order. However, the court may issue a temporary protection
order only if satisfied the order is necessary or desirable to protect the aggrieved or another person named in the
cross application.
POLICY
Officers investigating reports of domestic violence should not be submitting cross applications for protection orders. In
accordance with s. 4(2)(e): ‘Principles for administering Act’ of the DFVPA, officers are to identify and assist the person
in most need of protection.
Section 103: ‘Cross-notice not permitted’ prohibits officers from issuing a QP 0899: ‘Police protection notice’ where
another notice is in force naming the respondent and aggrieved as the opposite party.
A ‘cross application’ for a domestic violence order may be made by an officer after an investigation is conducted in
accordance with s. 9.6.2: ‘Investigating domestic violence (initial action)’ including the protective assessment where it
is necessary or desirable to protect the aggrieved named in the police application, who is also named as the respondent
in any other application.
PROCEDURE
Where a cross application is to be heard before hearing the original application or together with the original application,
the police prosecutor should continue to assist the original aggrieved for the duration of the hearing.
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POLICY
Subject to the provisions of s. 9.12.1: ‘Police to assist in private applications’ of this chapter, police prosecutors may
assist an aggrieved who was named as the respondent in a previous application.
9.12.5 Role of prosecutor in tenancy applications
POLICY
Prosecutors should not become involved in making tenancy applications under s. 141 of the Domestic and Family
Violence Protection Act.
PROCEDURE
Prosecutors who are advised by an aggrieved or a respondent that a tenancy application is to be sought in the
magistrates court dealing with an application for a domestic violence order should advise the person:
(i) that the prosecutor is not able to assist in making the application; and
(ii) to seek advice from a legal representative, court staff or the Tenant Advice and Advocacy Service
(Queensland) (contact details are contained in the telephone White Pages) about making such an application.
9.12.6 Role of prosecutor under s. 68R of the Family Law Act
Section 68R: ‘Power of court making a family violence order to revive, vary, discharge or suspend an existing order,
injunction or arrangement under this Act’ of the Family Law Act provides that in proceedings to make or vary a domestic
violence order, a court having jurisdiction may revive, vary, discharge or suspend:
(i) a parenting order, to the extent to which it provides for a child to spend time with a person, or expressly or
impliedly requires or authorises a person to spend time with a child;
(ii) a recovery order (as defined in s. 67Q of the Family Law Act) or any other order under the Family Law Act, to
the extent to which it expressly or impliedly requires or authorises a person to spend time with a child;
(iii) an injunction granted under ss. 68B or 114, Family Law Act to the extent to which it expressly or impliedly
requires or authorises a person to spend time with a child; or
(iv) to the extent to which it expressly or impliedly requires or authorises a person to spend time with a child:
(a) an undertaking given to, and accepted by, a court exercising jurisdiction under the Family Law Act;
(b) a registered parenting plan within the meaning of s. 63C(6) of the Family Law Act; or
(c) a recognisance entered into under an order under the Family Law Act.
The court may do so of its own initiative or on application by any person. Sections 68R(3), (4) and (5) provide certain
limitations on the courts power under s. 68R of the Family Law Act.
POLICY
Police prosecuting a domestic violence application or a variation of a domestic violence order are not a party to any
proceeding commenced under s. 68R of the Family Law Act and as such do not have standing to appear in court on s.
68R matters. Further, s. 10.24: ‘Representation of officers in court’ of the Police Service Administration Act does not
provide any legislative authority to allow a prosecutor to appear in relation to s. 68R matters. Police prosecutors are to
excuse themselves from appearing before a court that is purporting to exercise s. 68R15: ‘Power of court making family
violence order to revive, vary, discharge or suspend an existing order, injunction or arrangement under this Act’ of the
Family Law Act.
9.12.7 Preparation of briefs of evidence
Definitions
For the purposes of this section:
Media exhibit
means a plan, photograph, video or audio recording or model.
Model
includes a model or image generated by a computer.
POLICY
Proceedings under the Domestic and Family Violence Protection Act are civil proceedings and are conducted in
compliance with the Domestic and Family Violence Protection Rules.
The Uniform Civil Procedure Rules only apply to an appeal under the Domestic and Family Violence Protection Act (see
s. 9.12.8: ‘Appeals under the Domestic and Family Violence Protection Act’ of this chapter). Proceedings for
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contraventions of the Domestic and Family Violence Protection Act are criminal proceedings conducted under the
Justices Act.
ORDER
Officers are to comply with any direction made by the court under r. 22: ‘Directions that may be issued by DFVP court
for proceeding’ of the Domestic and Family Violence Protection Rules.
Briefs of evidence for:
(i) contested protection order application hearings; and
(ii) contraventions of:
(a) a domestic violence order;
(b) a registered interstate domestic violence order;
(c) a police protection notice; or
(d) release conditions
are to be prepared in compliance with s. 3.8: ‘Preparation and submission of briefs of evidence’ of this Manual, except
as provided in this section.
Further provisions for briefs of evidence for contested protection order application hearings
POLICY
For full briefs of evidence for contested protection order application hearings, the applicant officer is to prepare:
(i) a brief of evidence (including the original affidavits and the media exhibits), marked ‘Court Original’;
(ii) one copy of the brief of evidence which does not contain copies of media exhibits, marked ‘Respondent Copy’;
(iii) an additional copy of the brief of evidence which does not contain copies of media exhibits for each additional
respondent if there is more than one respondent to the application; and
(iv) one copy of the brief of evidence (including the media exhibits), marked ‘Prosecutions Copy’.
Applicant officers are to:
(i) have the brief of evidence checked in accordance with s. 3.8: ‘Preparation and submission of briefs of evidence’
of this Manual;
(ii) file, or arrange the filing, of:
(a) the brief of evidence (excluding any media exhibits) with the court (see rr. 37: ‘Filing affidavit’ and 9:
‘How document is to be filed’ of the Domestic and Family Violence Protection Rules); and
(b) any media exhibits with the court, at least fourteen days before the hearing starts, ensuring they are in
a format capable of being played or viewed in the court (see r. 34: ‘Tendering media exhibit at hearing’ of
the Domestic and Family Violence Protection Rules),
in accordance with the Domestic and Family Violence Protection Rules and local procedures;
(iii) if the media exhibits are not of a sensitive nature, once filed, give a DV30: ‘Notice of Filing of Media Exhibit’
to all other parties at least seven days before the hearing starts. The notice should be given to the other parties
in person. If a person cannot reasonably be found, officers may use an alternative method of service;
(iv) complete a DV25: ‘Affidavit’ outlining the details of service and attach a copy of the DV30 marked as an exhibit
to the affidavit;
(vi) comply with any directions given by the court regarding whether and how a document or a class of documents
are to be disclosed to a party in the proceeding (r. 22(m): ‘Directions that may be issued by DFVP court for
proceeding’ of the Domestic and Family Violence Protection Rules); and
(vii) supply a copy of the complete brief of evidence marked ‘Prosecutions Copy’, including:
(a) media exhibits;
(b) any completed DV25 and DV30 forms; and
(c) information as to the status of filing and serving of relevant documents,
to the prosecutor as soon as practicable, and in any event prior to the date of hearing the application.
Where an officer believes a media exhibit should not be made available to other parties in the hearing (e.g. the exhibit
contains images of injuries to the aggrieved’s genitals), the officer is to:
(i) advise the prosecutor so an application can be made to the court for an order under r. 34: ‘Tendering media
exhibit at hearing’ of the Domestic and Family Violence Protection Rules to be issued; and
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(ii) file the media exhibit with the court in accordance of this section.
Where the court orders the media exhibit be placed in a sealed container, a DV30 does not need to be given to the other
parties for that exhibit.
Under r. 22(m) of the Domestic and Family Violence Protection Rules, the court may issue a direction that a document
or a class of documents are to be disclosed to a party in the proceeding, and how disclosure is to happen. Officers are
to comply with directions given under this rule. Where a court has not issued a direction regarding the service of the
respondent’s copy of the brief of evidence (which does not contain copies of media exhibits), officers are to serve a copy
on each respondent.
Officers serving briefs are to address confidentiality and safety issues, particularly where an aggrieved has requested
their address, telephone number, or private contact details not be disclosed.
Where an officer serves a copy of the brief of evidence on a respondent after having already supplied the complete brief
of evidence to the prosecutor, the officer is to advise prosecutions via an entry in the relevant case diary log on QPRIME.
ORDER
Officers in charge of a station are to ensure the applicant officer or if the applicant officer is not available, another officer,
comply with the requirements of this subsection.
Evidentiary certificates
Section 189(3): ‘Evidentiary provision’ of the Domestic and Family Violence Protection Act provides that an evidentiary
certificate may be issued to prove, in relation to:
(i) a police protection notice, that at a stated date and time:
(a) a stated officer issued a stated protection notice;
(b) a stated officer was a supervising officer under s. 102: ‘Approval of supervising police officer required’
of the Domestic and Family Violence Protection Act; and
(c) a stated supervising officer approved the issuing of a stated police protection notice;
(ii) the release of a respondent on release conditions:
(a) a stated officer was a releasing officer under s. 125: ‘When police officer must release person on
conditions’ of the Domestic and Family Violence Protection Act; and
(b) a stated releasing police officer released the stated respondent from custody on stated release
conditions.
The power to issue a QP 0938: ‘Certificate’ under the hand of the Commissioner, has been delegated to the following
officers:
(i) a commissioned officer; or
(ii) the officer in charge of a police station, establishment or unit,
who has not been involved in the relevant domestic violence occurrence as:
(i) the officer who issued a police protection notice on the respondent;
(ii) the officer who was a supervising officer approving the issuing of a police protection notice; or
(iii) the releasing police officer where a respondent has been taken into custody; and
is of a higher rank than the supervising officer where a police protection notice is issued to a respondent (see Delegation
D 130.1).
When a criminal proceeding is commenced where the prosecution will rely on the evidence contained in the certificate
(e.g. contravention of a protection order or release conditions), a copy of the QP 0938: ‘Certificate’ must be provided to
the defendant or the defendant’s legal representative at least 20 business days prior to the hearing date.
Under s. 189(5) of the Domestic and Family Violence Protection Act, the defence must give at least 15 business days
notice before the hearing date that they intend to challenge a matter stated in the certificate.
PROCEDURE
The investigating officer should complete a QP 0938: ‘Certificate’, including all relevant information that can be stated
on the certificate under s. 189(3) of the Domestic and Family Violence Protection Act. The investigating officer should
forward the completed QP 0938: ‘Certificate’ to the relevant delegated officer for signing through their chain of command.
A copy of the signed QP 0938: ‘Certificate’ should be scanned into the relevant QPRIME occurrence prior to submission
of the completed brief of evidence for checking by a shift supervisor or brief checker (see s. 3.7.5: ‘Checking of court
briefs’ of this Manual).
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Subpoena of production or to give evidence or both
POLICY
Where an application for a protection order is to be determined by a hearing, all prosecution witnesses are to be
subpoenaed to attend by a DV22: ‘Subpoena’.
Officers are to also consider whether subpoenas are necessary in order to require a person to produce a document or
thing.
PROCEDURE
The investigating officer is to:
(i) prepare a DV22A: ‘Request for subpoena’ and DV22: ‘Subpoena’ for each civilian witness who will be
appearing on behalf of the prosecution;
(ii) take the completed request for subpoena(s) and subpoena(s) to the magistrates court hearing the application
for registration and signing in accordance with local procedures; and
(iii) serve, or arrange for the service of, the subpoenas on the witnesses.
Officers are to serve subpoenas in person where practicable. If the person cannot reasonably be found, officers may
use an alternative method of service. The court may issue a direction regarding how and when a subpoena is to be
served (see r. 22: ‘Directions that may be issued by DFVP court for proceeding’ of the Domestic and Family Violence
Protection Rules). Officers are to comply with any direction made by the court in accordance with r. 22(p) of the
Domestic and Family Violence Protection Rules.
After service of a subpoena, the serving officer is to:
(i) complete and return a DV25: ‘Affidavit’ outlining the details of service with a copy of the document served
marked as an exhibit, to the clerk of the court where the matter is being heard; and
(ii) provide a copy to the prosecutor for inclusion with the brief of evidence.
Rule 45: ‘Inspecting subpoenaed documents’ of the Domestic and Family Violence Protection Rules outlines an officer
may apply to the court for an order to enable the officer to inspect and copy a subpoenaed document. The DV32:
‘Application to inspect and copy subpoenaed document’ is available on QPS Forms Select for this purpose.
Evidence under the Domestic and Family Protection Rules and Domestic and Family Violence Protection Act
POLICY
Officers should refer to the Domestic and Family Violence Protection Rules and the Domestic and Family Violence
Protection Act regarding evidence in proceedings.
Rule 22: ‘Directions that may be issued by DFVP court for proceeding’ of the Domestic and Family Violence Protection
Rules provides the court may issue a direction that evidence given by a person be given by affidavit, taking into
consideration r. 23: ‘Matters relevant to making order or issuing direction’. Officers are to comply with a direction made
by the court under r. 22.
Section 145: ‘Evidence’ of the Domestic and Family Violence Protection Act provides a court is not bound by the rules
of evidence, or any practices or procedures applying to courts of record, and may inform itself in any way it considers
appropriate. Rule 33: ‘Evidence in other proceedings’ of the Domestic and Family Violence Protection Rules provides
a party may rely on evidence used in an earlier proceeding if relevant and the court gives permission.
Rule 47: ‘Accessing documents from registry’ of the Domestic and Family Violence Protection Rules outlines a person
may seek a copy of any part of the record or any document used or tendered in a proceeding in accordance with s. 160:
‘Prohibition on obtaining copies of documents for proceeding’ of the Domestic and Family Violence Protection Act. For
this purpose, form DV34: ‘Request to inspect and copy document’ is available on QPS Forms Select.
9.12.8 Appeals under the Domestic and Family Violence Protection Act
Appeals under the Domestic and Family Violence Protection Act may be made by persons who are aggrieved by (wish
to contest) a decision of a court to:
(i) make a domestic violence order;
(ii) vary, or refuse to vary, a domestic violence order (including a variation of the conditions imposed by the order);
or
(iii) refuse to make a protection order.
Section 165 of the Domestic and Family Violence Protection Act provides that a copy of the notice of appeal is to be
given to the Commissioner while s. 167 provides that the Commissioner has a right to appear and be heard before the
appellate court on an appeal to the court under the Domestic and Family Violence Protection Act.
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Appeals by police officers
POLICY
Officers who are of the opinion that it is appropriate to lodge an appeal in regard to an order or decision of a court are
to comply with s. 3.11.2: ‘Appeals by the prosecution’ of this Manual to the extent that it is consistent with the nature of
the appeal.
Officers in charge of regions or commands are to forward all correspondence requesting the lodgement of an appeal to
Legal Services, Legal Division. Appeals under the Domestic and Family Violence Protection Act are not to be referred
to the Office of the Director of Public Prosecutions.
Initiating an appeal in regard to an order or decision of a court should only be considered in cases where a police officer
was the applicant for the protection order in respect of which the decision was made. Such cases include instances
where a police officer considers the:
(i) refusal to grant a protection order on the application of a police officer (this does not include a private application
which was assisted by a police prosecutor); or
(ii) variation of a protection order initially granted on a police application,
should be appealed.
Appeals by persons other than police officers
Occasionally officers in charge of stations may receive copies of a ‘Notice of Appeal (District Court)’ (Uniform Civil
Procedure Rules Form 96) from persons who wish to contest an order or decision of a court.
In accordance with s. 9.11.4: ‘Authorisation to receive documents under the Domestic and Family Violence Protection
Act‘ of this chapter, officers in charge of stations may accept service of such documents on behalf of the Commissioner.
POLICY
Officers in charge of stations receiving a ‘Notice of Appeal (District Court)’ (Uniform Civil Procedure Rules Form 96) are
to:
(i) if the applicant in the original application was a police officer, forward the notice to that officer for further
attention; or
(ii) if the applicant in the original application was not a police officer, forward the notice to the officer in charge of
the division within which the aggrieved resides for further attention.
PROCEDURE
Officers who receive a ‘Notice of Appeal (District Court)’ (Uniform Civil Procedure Rules Form 96) for further attention
(reporting officers) should check Service intelligence sources (e.g. QPRIME, patrol logs and previous domestic violence
applications) to establish whether there are grounds for serious concern about the safety of an aggrieved or named
person. It is not necessary to conduct interviews with the parties to the appeal to establish whether such grounds exist.
Reporting officers are to ensure that a report is prepared which:
(i) outlines any serious concerns about the safety of an aggrieved or named person should the appeal be
successful;
(ii) comments on the specific grounds of appeal stated in the ‘Notice of Appeal (District Court)’ (Uniform Civil
Procedure Rules Form 96);
(iii) recommends whether or not the Commissioner should be heard at the appeal; and
(iv) includes a copy of any police application relevant to the appeal (e.g. original DV01: ‘Application for a Protection
Order’ and any original statements or affidavits).
Reporting officers are to forward the report to their district officer through the usual chain of command.
District officers receiving such reports are to provide a firm recommendation on whether the Commissioner should be
heard in the appeal and forward the file to the officer in charge of their region or command.
Officers in charge of regions or commands receiving reports relating to ‘Notice of Appeal (District Court)’ (Uniform Civil
Procedure Rules Form 96) should consult with the Director, Legal Services where necessary, to determine whether the
Commissioner should be heard in the appeal. If it is decided that the Commissioner should be heard, the file should be
forwarded to the Director, Legal Services.
The Director, Legal Services will make appropriate arrangements for the Commissioner to be heard in the appeal.
Officers are to promptly comply with any request by Legal Services, Legal Division for statements or affidavits to be
prepared for the appeal.
Reporting officers and district officers should not recommend that the Commissioner should be heard at an appeal
unless the officer has grounds for serious concerns that the safety of an aggrieved or named person are likely to be
jeopardised by a successful appeal.
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9.13 Children exposed to domestic violence
Definitions
For the purpose of this section,
A child:
(i) of:
(a) the aggrieved means a child who is:
 a biological, adopted or step child of the aggrieved; or
 in the care or custody of the aggrieved.
(b) a respondent means a child who is:
 a biological, adopted or step child of the respondent; or
 in the care or custody of the respondent.
(ii) is an individual under the age of 18 years (see s. 8: ‘Who is a child’ of the Child Protection Act).
A ‘domestic violence incident’ refers to any investigation where the officer reasonably believes domestic violence has
been committed (see s. 8: ‘Meaning of domestic violence’ of the Domestic and Family Violence Protection Act).
Harm:
(i) to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional
wellbeing; it is immaterial how the harm is caused;
(ii) can be caused by:
(a) physical, psychological or emotional abuse or neglect; or
(b) sexual abuse or exploitation; or
(c) a single act, omission or circumstance; or
(d) a series or combination of acts, omissions or circumstances,
(see s. 9: ‘What is harm’ of the Child Protection Act).
9.13.1 A child may be an aggrieved or a respondent
A child may be named as the aggrieved or the respondent in a domestic violence order only if an intimate personal
relationship or an informal care relationship exists between the child and the other party named in the domestic violence
order (see s. 22: ‘Child as aggrieved or respondent’ of the Domestic and Family Violence Protection Act). A court cannot
make a domestic violence order which names a child as the aggrieved or respondent if a family relationship exists
between the child and the other party.
POLICY
Where the aggrieved or respondent is a child and, during investigations into the domestic violence incident, it becomes
apparent to the investigating officer that the child:
(i) has suffered, or is at risk of suffering harm; and
(ii) does not have a parent able and willing to protect them from harm,
in addition to making inquiries into the report of domestic violence, the officer should also report the matter in accordance
with s. 7.6.1: ‘Initial action for complaints of child harm’ of this Manual and s. 9.13.4: ‘Other action to protect children
exposed to domestic violence’ of this chapter.
POLICY
Officers who question a child as a respondent are to comply with s. 6.3.3: ‘Interviewing persons with special needs’ and
s. 6.3.9: ‘Children’ of this Manual.
Officers should comply with the provisions of s. 5.6.4: ‘Parent and chief executive must be advised of police actions’
and s. 16.17.2: ‘Arrest of children’ of this Manual when a child is taken into custody.
9.13.2 Including the names of children in a domestic violence order
Section 53: ‘Naming child’ of the Domestic and Family Violence Protection Act provides a child of the aggrieved, or a
child who usually lives with the aggrieved may be included as a ‘named person’ in a domestic violence order if the court
is satisfied it is necessary or desirable to protect the child from:
(i) associated domestic violence; or
(ii) being exposed to domestic violence committed by the respondent.
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When a court is hearing an application for a domestic violence order or the variation of a domestic violence order and
information before the court discloses the existence of:
(i) a child of the aggrieved; or
(ii) a child who usually lives with the aggrieved,
the court must consider whether the child should be named in the protection order (see s. 54: ‘When court must consider
naming child’ of the Domestic and Family Violence Protection Act).
POLICY
Officers investigating a domestic violence incident where a child of the aggrieved or a child who usually lives with the
aggrieved is involved are to include sufficient information to assist the court in deciding whether the child is in need of
protection under the Domestic and Family Violence Protection Act.
9.13.3 Children who are the victims of a criminal offence
POLICY
An officer making inquiries in relation to a report of domestic violence who reasonably suspects that a child is the victim
of a criminal offence involving physical, sexual or emotional abuse (e.g. the offence of torture) or neglect, is to:
(i) report the matter in accordance with s. 7.3.1: ‘Initial action for complaints of child harm’ of this Manual; and
(ii) if the child is at immediate risk of harm, take such action as is necessary and authorised in accordance with
the subsection ‘Children at immediate risk of harm’ of s. 7.3.1 of this Manual.
Where a child suffers an injury or death as a part of domestic violence, see s. 9.6.9: ‘Domestic violence as a result of
the injury or death of a child’ of this chapter.
9.13.4 Other action to protect children exposed to domestic violence
A child who usually lives with a person who is either the respondent or aggrieved in a domestic violence incident (for a
definition of a ‘domestic violence incident’, see s. 9.13: ‘Children exposed to domestic violence’ of this chapter) is more
likely to be abused or neglected than a child who lives in a non-violent household because, for example, there is a risk
the respondent may also harm the child, and because of the domestic violence, the aggrieved may have a reduced
capacity to protect the child from harm.
POLICY
An officer investigating a report of domestic violence should take actions to address or mitigate their serious concerns
for a child’s wellbeing (see ‘Definitions’ of s. 7.1: ‘Introduction’ of this Manual), which may include:
(i) where appropriate, including the child as a named person on an application/variation of a domestic violence
order (see s. 9.8.1: ‘Application for a protection order’ of this chapter);
(ii) including ‘no contact’ and residential ouster clauses on an application/variation of a domestic violence order
to protect the aggrieved and child;
(iii) removing the aggrieved and child to a place of safety;
(iv) removing the respondent from the residence;
(v) referring the family to a domestic violence support service;
(vi) taking other actions to address or mitigate the serious concerns for the wellbeing of the child.
Where an officer is investigating a report of domestic violence and ascertains that one or more children usually lives
with either the respondent or aggrieved and the:
(i) child/children appear to be the victim of a criminal offence involving harm to a child; or
(ii) an officer still has serious concerns for the wellbeing of a child despite taking appropriate action to address or
mitigate their serious concerns for a child’s wellbeing,
the officer is to:
(i) create an appropriate domestic violence occurrence in QPRIME, e.g. Domestic Violence – Application Police
[1372], Domestic Violence – (Breach of DFVPA) [1371]; and
(ii) enter a Child Harm Report [0520] occurrence into the ‘Incident/Count’ stats tab of the domestic violence
occurrence,
to create a multi-classed domestic violence occurrence, including the child harm template (see subsection ‘Additional
child harm reporting responsibilities’ of this section). Each child is to be named, regardless of whether or not they
witnessed, or were otherwise present at, the domestic violence incident.
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A crime manager who receives a domestic violence occurrence that has been multi-classed with a Child Harm Report
[0520] occurrence is to review the occurrence in accordance with s. 7.3.3: ‘Responsibility for reviewing child harm
reports’ of this Manual.
The Domestic Violence occurrence that has been multi-classed with a Child Harm Report [0520] occurrence is to contain
the information contained in subsections ‘Additional child harm reporting responsibilities’ and ‘Non-criminal child harm
report’ of s. 7.3.1: ‘Initial action for reports of child harm’ of this Manual and the ‘Child harm template’ in the occurrence
report.
Condition of order to limit contact between parent and child
Section 62: ‘Condition limiting contact between parent and child’ of the Domestic and Family Violence Protection Act
provides a court may impose a condition on the respondent which would prevent or limit contact between the respondent
and a child of the respondent. The restriction imposed is only to the extent necessary for the child’s safety, protection
and wellbeing.
Officers need to be aware this condition only relates to contact between the respondent and the child of the respondent.
Where a child of the aggrieved or a child who usually lives with the aggrieved needs this type of protection, see s. 53:
‘Naming child’ of the Domestic and Family Violence Protection Act.
POLICY
Where an officer considers contact between the respondent and a child of the respondent needs to be restricted or
prohibited, the application is to include sufficient information to demonstrate such a condition is necessary and desirable
for the interests of the child.
9.13.5 Children’s evidence in domestic violence proceedings
ORDER
Except in the case of a child who is an aggrieved or respondent in the relevant proceedings, officers are not, unless a
court orders otherwise, to:
(i) call a child as a witness in a proceeding under the Domestic and Family Violence Protection Act;
(ii) ask a child to remain in a court during such proceedings;
(iii) ask a child to swear an affidavit for such proceedings; or
(iv) ask a child to produce a stated document or other thing during such proceedings (see s. 148 of the Domestic
and Family Violence Protection Act).
PROCEDURE
A court may grant leave for a child to be called to give evidence if the child:
(i) is at least 12 years old; and
(ii) is represented by a lawyer; and
(iii) agrees to give evidence.
The court must also have regard to the desirability of protecting children from the unnecessary exposure to the court
system and the harm that could occur to the child and to family relationships if the child gives evidence.
A child who is to give evidence in a domestic violence hearing is a ‘protected witness’ under s. 150: ‘Protected witnesses’
of the Domestic and Family Violence Protection Act. Whilst the child is giving evidence the court must consider ordering:
(i) the child give evidence outside the courtroom; and:
(a) the evidence be transmitted to the courtroom by an audio visual link; or
(b) an audio visual recording of the evidence is made and replayed in the courtroom;
(ii) a screen, one-way glass or other thing be placed so the child cannot see the respondent; or
(iii) the respondent be held in a room apart from the courtroom and the evidence be transmitted by an audio visual
link,
in addition to any other safeguards mentioned in s. 150(2) of the Domestic and Family Violence Protection Act.
A child who is giving evidence in a hearing cannot be cross examined by the respondent in person in accordance with
s. 151(3): ‘Restriction on cross-examination in person’ of the Domestic and Family Violence Protection Act.
In cases where a child, other than the respondent or the aggrieved in the particular proceedings, is a witness to domestic
violence, and the evidence of the child is significant and cannot be obtained from another source, officers should obtain
an unsworn affidavit from the child. The child’s affidavit should be clearly marked with the notation ‘child’s affidavit’,
attached to the relevant file and forwarded to the prosecutor.
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Prosecutors receiving an affidavit from a child should assess the information contained in the affidavit and, if the
information is considered critical to the conduct of the matter, request that the presiding magistrate make an order
permitting the child to be called as a witness or to be asked to swear the affidavit.
9.13.6 Service of domestic violence documents on children
ORDER
Officers who are responsible for giving or serving a document to a child are to:
(i) also give a copy of the document to:
(a) a parent of the child (see s. 16: ‘Meaning of parent’ of the Domestic and Family Violence Protection
Act); or
(b) if the child is under the custody or guardianship of the Chief Executive (Child Protection) under the Child
Protection Act, to the Chief Executive (Child Protection), Department of Communities, Child Safety and
Disability Services; and
(ii) not give the document to the child at or in the vicinity of the child’s school, unless there is no other place where
service may be reasonably effected.
POLICY
Officers should only serve or give a document to a child, of any age, at or in the vicinity of the child’s school if:
(i) it is not reasonably practicable to effect the service of the document at another place;
(ii) the officer has consulted their supervising commissioned officer; and
(iii) the principal of the relevant school has been notified of the officer’s intention to serve a document on a child
at or in the vicinity of the school. The principal should be advised that officers have the authority under s. 19 of
the Police Powers and Responsibilities Act to enter a place to serve a document. The principal should be
consulted on the least disruptive and most discrete method of serving the document on the child. The principal
should not be told the nature of the document to be served in order to protect the privacy of the child concerned.
PROCEDURE
After serving or giving documents to a child, the serving officer is to:
(i) complete a DV21: ‘Affidavit of Service’ or DV21A: ‘Statement of police service’ as applicable (see s. 9.8.4:
‘Service of domestic violence documents’ of this chapter) and return the endorsed copies to the relevant clerk of
the court; and
(ii) update the relevant QPRIME occurrence to record the document service.
After giving a copy of the documents to a parent of the child, or the Chief Executive (Child Protection) as applicable, the
officer giving the documents is to update the relevant QPRIME occurrence to record the document service.
When a parent of a child cannot be located
In accordance with s. 188: ‘Giving of document to child’ of the Domestic and Family Violence Protection Act, a court
may dispense with the requirement to give a copy of a document to the parent of a child if:
(i) the parent cannot be located after making all reasonable inquiries; or
(ii) there are special circumstances where the parent should not receive a copy of a document such as:
(a) the child is estranged from their parent(s); or
(b) there would be an unacceptable risk of harm to the child if the parent was given a copy of the document.
PROCEDURE
An officer who:
(i) cannot locate a parent to give the document to after making all reasonable enquiries;
(ii) has established the child is estranged from the child’s parents;
(iii) considers there is an unacceptable risk of harm to the child if a parent received a copy of the document, or
(iv) considers there are any other special circumstances for giving dispensation,
is to seek the dispensation of the court by making application to a magistrate through the relevant police prosecution
corps.
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9.14 Domestic violence proceedings initiated against members of the Service
9.14.1 Responsibilities of members who initiate or become aware of domestic violence proceedings
against a member of the Service
ORDER
Officers directed to attend an incident of domestic violence involving another member of the Service are to fully
investigate the allegations and take action under the Domestic and Family Violence Protection Act where sufficient
evidence exists.
Where evidence is available to support criminal charges, the investigating officer is to proceed in accordance with
‘Complaint Management’ of the Human Resources Policies.
Officers who:
(i) take a member (the subject member) into custody under s. 116: ‘Police officer may take person into custody’
of the Domestic and Family Violence Protection Act;
(ii) make an application for a domestic violence order against a member (the subject member);
(iii) issue a police protection notice against a member (the subject member);
(iv) seize a weapon from a member (the subject member) as a result of investigating a report of domestic violence;
or
(v) release a member (the subject member) from custody on conditions under s. 125: ‘When police officer must
release person on conditions’ of the Domestic and Family Violence Protection Act,
are to immediately notify the officer in charge of the region or command of the subject member.
Officers prosecuting a private application in which a member is the respondent are to immediately notify the officer in
charge of the member’s region or command of that fact.
A member who becomes aware that another member is the respondent in:
(i) a private application for a domestic violence order by an aggrieved who is not assisted by a police prosecutor;
(ii) a domestic violence order issued upon a private application where the aggrieved is not assisted by a police
prosecutor: or
(iii) an interstate order which may be registered under Part 6: ‘Registration of interstate orders’ of the Domestic
and Family Violence Protection Act,
is to immediately complete and distribute a QP 0466: ‘Complaint against a member of Police Service’, available from
the Ethical Standards Command webpage, as outlined in ‘Complaint Management’ of the Human Resources Policies,
as well as advising the officer in charge of the region or command of the above matter.
9.14.2 Responsibilities of members who have domestic violence proceedings initiated against them
In this section the term ‘member’ means:
(i) a police officer;
(ii) a recruit; or
(iii) a staff member who possesses weapons as part of the performance of their duty.
ORDER
Members who are:
(i) taken into custody under s. 116: ‘Police officer may take person into custody’ of the Domestic and Family
Violence Protection Act;
(ii) subject to a weapon(s) seizure by an officer investigating a report of domestic violence;
(iii) the respondent in:
(a) an application for a domestic violence order;
(b) a police protection notice;
(c) a domestic violence order; or
(d) an interstate order which may be registered under Part 6: ‘Registration of interstate orders’ of the
Domestic and Family Violence Protection Act; or
(iv) released from custody on conditions under s. 125: ‘When police officer must release person on conditions’ of
the Domestic and Family Violence Protection Act,
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are to immediately:
(i) notify their officer in charge of the circumstances surrounding the seizure, order, release from custody, notice
or application;
(ii) surrender any Service firearm and any OC spray canister on personal issue to them to the officer in charge of
the station or establishment to which that member is attached or surrender the weapon(s) to the officer in charge
of their region or command (if the officer in charge is a staff member, the weapons will be surrendered to an officer
nominated by that officer in charge of the station or establishment or executive officer);
(iii) surrender any other weapon or weapons licence as required by any domestic violence order;
(iv) notify and surrender any authority under the Explosives Act (i.e. licence, permit) to access, use and/or possess
explosives to the Chief Inspector of Explosives (see s. 40: ‘Notification requirements for all authority holders’ of
the Explosives Regulation and s. 13.22.1: ‘Issuing, suspension or cancellation of authorities’ of this Manual); and
(v) if the member is a first year constable, notify the Officer in Charge, Field Training Unit, Education and Training
Command of the circumstances surrounding the application, order or release from custody.
Members surrendering their authority to access, use and/or possess explosives should surrender any explosives they
have in their possession. In the case of Service issued explosives, arrangements to surrender the explosives should be
made with the Officer in Charge, Explosive Ordnance Response Team. Personally obtained explosives are to be
surrendered to the Chief Inspector of Explosives.
PROCEDURE
Members who become aware that a domestic violence order has been issued or an interstate order has been registered,
in which they are the respondent are to notify the officer in charge of the region or command by furnishing a report to
that officer which is to include:
(i) the circumstances surrounding the order;
(ii) particulars of the duration and conditions of the order;
(iii) the effect that the order may have on the effectiveness of the member in carrying out assigned duties;
(iv) the date, time and place the member’s firearm(s), personal issue OC spray canister and any weapons licence
and/or explosives authority were surrendered and the present location of these items; and
(v) a copy of any order as an attachment.
9.14.3 Possession of weapons by members who are subject to domestic violence proceedings
Members who are respondents in domestic violence orders, including registered interstate orders, or who are subject
to release conditions are prohibited by law from possessing weapons. In practical terms this means that members
subject to such orders or conditions are not permitted to possess firearms, OC spray canisters, protective body armour
or other weapons as defined in the Weapons Categories Regulation. Such members would, however, be permitted to
possess batons and handcuffs in the performance of their duty (see s. 67 of the Weapons Act).
Additionally, members who have a current authority to access, use and/or possess explosives and who are respondents
in domestic violence orders, including registered interstate orders, or who are subject to release conditions would
generally be considered inappropriate to possess any explosives and/or an authority in accordance with ss. 15: ‘Inquiries
about person’s appropriateness’ and 23: ‘Grounds for suspension or cancellation’ of the Explosives Act (see s. 13.22.1:
‘Issuing, suspension or cancellation of authorities’ of this Manual).
ORDER
Officers in charge who are notified that a member (the subject member) is:
(i) subject to a weapon(s) seizure by an officer investigating a complaint of domestic violence;
(ii) has been taken into custody under s. 116: ‘Police officer may take person into custody’ of the Domestic and
Family Violence Protection Act;
(iii) a respondent in:
(a) an application for a domestic violence order;
(b) a police protection notice;
(c) a domestic violence order; or
(d) an interstate order which may be registered under Part 6: ‘Registration of interstate orders’ of the
Domestic and Family Violence Protection Act; or
(iv) subject to release from custody conditions under s. 125: ‘When police officer must release person on
conditions’ of the Domestic and Family Violence Protection Act,
are to:
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(i) advise the officer in charge of the region or command of:
(a) the name, rank or job title and station or establishment of the subject member;
(b) the circumstances of the matter; and
(c) any circumstances which may justify the continued possession of firearms, OC spray canisters,
protective body armour or other weapons by the member where legislation does not prohibit such
possession (e.g. an unfinalised application for a domestic violence order or police protection notice where
no domestic violence orders or release conditions are current);
(ii) ensure that the subject member does not have possession of weapons (see s. 79: ‘Definition for div 8’ of the
Domestic and Family Violence Protection Act) in the course of that member’s duties, until further advised by the
officer in charge of the region or command; and
(iii) ensure, if the subject member is authorised to access, use and/or possess explosives under the Explosives
Act, that the officer in charge of Explosive Ordnance Response Team (EORT), Operations Support Command is
notified, as soon as practicable, via internal email at ‘EORT Ops’.
The officer in charge of the region or command is to ensure that when:
(i) any weapon is seized from the subject member by an officer investigating a report of domestic violence;
(ii) a member is the respondent in a domestic violence order or registered interstate order; or
(iii) release from custody conditions apply under s. 125 of the Domestic and Family Violence Protection Act apply
to a member,
the member does not have possession of weapons (see s. 79: ‘Definition for div 8’ of the Domestic and Family Violence
Protection Act) in the course of that member’s duties.
The officer in charge of the region or command is to ensure that, in the case of a member who holds a licence under
the Weapons Act, consideration is given to suspending the member’s licence in accordance with s. 28 of the Weapons
Act if the member appears to no longer be a fit and proper person to hold a licence and no other relevant orders are in
force.
Additionally, in the case of a member who is the holder of an authority under the Explosives Act to access, use and/or
possess explosives, the officer in charge of a region or command is to ensure the member complies with ss. 9.14.2:
‘Responsibilities of members who have domestic violence proceedings initiated against them’ and 13.22.1: ‘Issuing,
suspension or cancellation of authorities’ of this Manual.
POLICY
In cases where a member could still lawfully possess weapons (e.g. the member is subject only to an unfinalised
application for a domestic violence order, police protection notice or is subject to an interstate order which has not been
registered in Queensland) the officer in charge of the region or command where the subject member is attached may,
if extenuating circumstances exist, request that the relevant deputy commissioner consider allowing the member to
retain possession of weapons in the performance of the member’s duty subject to such conditions as are considered
necessary.
ORDER
At the expiry of any order or conclusion of any proceedings that do not result in the issue of an order and before returning
a Service firearm or OC spray canister to the member, the officer in charge of the region or command is to be satisfied
that this action would not place the aggrieved or other persons in any danger.
The officer in charge of a region or command is to ensure that when a member subject of a domestic violence application
or order is transferred or seconded, appropriate advice concerning the application or order is forwarded to the region or
command in which the member is to be stationed.
9.15 Transport assistance
9.15.1 Transport assistance to an aggrieved
An aggrieved may sometimes wish to leave their place of residence in order to escape domestic violence. In some
cases the aggrieved may not have access to transport to move to a place of safety.
POLICY
In situations where:
(i) an aggrieved wishes to leave their place of residence in order to escape; or
(ii) it is necessary or desirable to protect the aggrieved from,
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domestic violence officers should, initially, contact their local domestic violence support and referral agencies in order
to obtain transport assistance for the aggrieved and any children in the care of the aggrieved. Alternatively, the statewide domestic violence telephone service is available twenty-four hours a day to assist with accommodation and
transport arrangements.
Officers may, subject to operational requirements, transport an aggrieved and any children in the aggrieved’s care to a
place of safety in cases where:
(i) transport assistance cannot be arranged within a reasonable time through local agencies or the state-wide
domestic violence telephone service; and
(ii) the aggrieved or children in the aggrieved’s care would be exposed to danger or other potentially harmful
consequences unless they were transported to a place of safety.
Where the respondent has been taken into custody under s. 116: ‘Police officer may take person into custody’ of the
Domestic and Family Violence Protection Act, the respondent may be detained until suitable arrangements are made
for the safety of the aggrieved and any children in the aggrieved’s care in accordance with s. 119(2)(a): ‘Detention period
limited’ of the Domestic and Family Violence Protection Act (see s. 9.7.1: ‘Domestic violence custody’ of this chapter).
PROCEDURE
Before providing transport assistance, officers should, where practicable, contact a supervising officer (see s. 9.3.1:
‘Definitions’ of this chapter) to seek permission to use a Service motor vehicle to convey the aggrieved and any children
in the aggrieved’s care to a place of safety. If a supervising officer cannot be contacted prior to officers offering to
transport an aggrieved and any children in the aggrieved’s care, officers are to notify their officer in charge as soon as
practicable after providing the transport assistance.
Officers who transport an aggrieved and any children in the aggrieved’s care should ensure that details of the persons
transported and the vehicle odometer readings at the start and end of the transport are provided to the relevant police
communications centre in accordance with s. 14.25.3: ‘Radio procedures generally’ of this Manual.
In cases where alternative transport is arranged for an aggrieved and any children in the aggrieved’s care, officers
should remain with the aggrieved and children in the aggrieved’s care for such time as necessary or desirable to protect
the aggrieved or children in the aggrieved’s care from domestic violence.
The senior officer providing transport assistance under this section is to record full particulars of any transport assistance
provided, or instances where assistance is offered and declined, including the names and addresses of parties
concerned, in that officer’s QP 0161: ‘Activity log’ or official police notebook.
9.15.2 Transport and accommodation assistance to a respondent
Transport and accommodation assistance to an adult respondent
ORDER
There is no obligation upon the Service to:
(i) transport, arrange transport or pay for any transport;
(ii) arrange temporary accommodation; or
(iii) provide accommodation free of charge,
for an adult respondent involved in domestic violence, notwithstanding the requirements of s. 108: ‘Police officer must
consider accommodation needs’ of the Domestic and Family Violence Protection Act when a police protection notice is
issued.
POLICY
Where a police protection notice including a cool-down condition is issued to an adult respondent (see s. 9.8.3: ‘Police
protection notice’ of this chapter), in accordance with s. 108 of the Domestic and Family Violence Protection Act, an
officer must consider the accommodation needs of the respondent and take any reasonable steps necessary to ensure
the respondent has access to temporary accommodation.
Reasonable steps to secure accommodation may include:
(i) making, or arranging, telephone inquiries to identify temporary accommodation; or
(ii) transporting the respondent a short distance to suitable temporary accommodation (for example a motel or
the residence of relative or friend).
Officers may, subject to operational requirements, at the request of the respondent transport or arrange transport for a
respondent to a place if such action would:
(i) reduce the likelihood of further domestic violence involving the respondent;
(ii) improve the safety of any aggrieved; or
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(iii) address the accommodation needs of the respondent e.g. a respondent who is prohibited from returning to
their normal residence by release from custody conditions or cool-down condition may be transported to a nearby
relative’s house.
PROCEDURE
Before using a Service motor vehicle to transport the respondent in accordance with this policy, officers should, where
practicable contact:
(i) support or referral agencies which may be able to assist with transport or accommodation of the respondent;
or
(ii) a friend, or relative of the respondent to assist with accommodation and transport arrangements; and
(iii) a supervising officer (see s. 9.3.1: ‘Definitions’ of this chapter) to seek permission. If a supervising officer
cannot be contacted prior to officers transporting the respondent, officers are to notify their officer in charge as
soon as practicable after providing the transport.
Officers who transport a respondent should ensure that details of the person transported and the vehicle odometer
readings at the start and end of the transport are provided to the relevant police communications centre in accordance
with s. 14.25.3: ‘Radio procedures generally’ of this Manual.
The senior officer providing transport assistance under this section is to record full particulars of any transport assistance
provided, including the names and addresses of parties concerned, in that officer’s QP 0161: ‘Activity log’ or official
police notebook.
Provision of transport assistance in accordance with this policy is not to be used as a substitute for taking a respondent
into custody in accordance with s. 116 of the Domestic and Family Violence Protection Act where such a detention
would be justified.
Transport and accommodation assistance to a respondent child
ORDER
Where an officer has issued a police protection notice which includes a cool-down condition to a respondent child, the
officer is to:
(i) arrange temporary accommodation for the respondent child; and
(ii) transport, or arrange transport for the respondent child to the accommodation,
in accordance with s. 108(2) of the Domestic and Family Violence Protection Act.
There is no obligation upon the Service to provide accommodation free of charge to a respondent child (see s. 108(3)(b)
of the Domestic and Family Violence Protection Act).
POLICY
Where an officer commences a proceeding against a respondent child by:
(i) application for a protection order, including after release from custody under s. 118: ‘Police officer must apply
for protection order’ of the Domestic and Family Violence Protection Act; or
(ii) issue of a police protection notice, including when a cool-down condition is not included,
and it is necessary or desirable for the protection of the aggrieved from domestic violence or for the safety and welfare
of the respondent child, reasonable steps should be taken to arrange transport of the respondent child to suitable
accommodation.
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Appendix 9.1 Domestic Violence Protective Assessment Framework (DV-PAF)
(s. 9.6.2)
(Note: numbers do not indicate level of importance)
Category 1 Risk Factors
Frequency: are DV incidents happening more often and between shorter time periods? This may include
incidents not reported to police.
Pregnancy: is the aggrieved (if female) pregnant? This may create considerable stress on the relationship.
Previous incident(s)/contraventions(s): are there previous DV incidents/contraventions recorded between the
aggrieved and respondent?
Separation: have the aggrieved and respondent recently separated or are they separating? Is the aggrieved
wanting or attempting to leave the relationship?
Severity: is the violence escalating/becoming more serious? For example, moving from verbal to physical,
pushing to slapping, slapping to beating or serious/life threatening injuries.
Sexual violence: has the respondent committed sexual violence against the aggrieved? For example, using sex
or sexual acts as a form of control, punishment or violence.
Significant change in circumstances: is there now or recently been a significant change in circumstances? For
example, unemployment, financial hardship, child custody/access disputes, interfamily conflict.
Strangulation/suffocation: is there evidence the respondent has attempted to strangle/suffocate the aggrieved
now or in the past?
Threats to kill: has the respondent threatened to kill the aggrieved/family members?
Use of weapons: has the respondent used or threatened to use a weapon to commit DV against the
aggrieved/family in current or previous incidents?
Not present – no category 1 risk factors present.
Category 2 Risk Factors
Alcohol/drug misuse: is there a history of alcohol/drug misuse by aggrieved/respondent and does this occur
concurrently with DV?
Animal cruelty: has the respondent harmed or threatened to harm family pets?
Child abuse: is there a history of abuse or neglect of a child by the respondent, irrespective of the relationship
between the child and respondent?
Controlling behaviour: does the respondent try to control the aggrieved, for example, where he/she goes, what
they do, who they spend time with, controlling finances, isolating the aggrieved from friends, family and/or
support?
Cultural considerations: are there cultural considerations that might prevent the aggrieved from reporting DV in
the future? For example, aggrieved may not be aware of rights in Queensland, aggrieved is isolated, cultural
customs prevent aggrieved from speaking out.
Mental health issues: is there history of mental health issues for respondent? Is there evidence of a diagnosed
or undiagnosed disorder which might increase risk of DV to the aggrieved?
Respondent history of violence: does the respondent have a violent history towards the aggrieved, family or
others? Are there incidents of domestic violence with a previous partner?
Ongoing conflict: is there an issue creating conflict in the relationship or family that is unlikely to subside in the
near future?
Significant damage/destruction of property: has the respondent significantly damaged property as a means
of intimidating or victimising the aggrieved?
Stalking: does the respondent follow, contact, intimidate, place under surveillance, manipulate or harass the
aggrieved?
Suicidal: has the respondent or aggrieved threatened or attempted suicide?
Violent threats: has the respondent threatened an act(s) of violence against the aggrieved/children/family?
Not present – no category 2 risk factors present.
Fear Level
Not fearful: aggrieved does not appear fearful of DV occurring in the future.
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Fearful: aggrieved appears fearful of DV occurring in the future
Very fearful: aggrieved appears very fearful of DV occurring in the future
Unable to be assessed
Level of Risk
Unknown: level of risk unable to be determined.
Medium: no significant/current indicators of risk of harm to the aggrieved. Changes in circumstance or DV may
create risk for the aggrieved and any future incidents should be carefully assessed.
High: proactive police response to risk is recommended. Indicators of risk of harm to the aggrieved have been
identified. The respondent has the potential to cause harm. They may also have the potential to cause serious
harm if there is future violence and/or risk and/or a change in circumstance.
Extreme: proactive police response to risk is highly recommended. There are identifiable indicators of risk of
serious harm to the aggrieved. An incident could happen at any time and the impact could be serious.
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