Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016 (Qld)

An Act to amend the Domestic and Family Violence Protection Act 2012 , the Police Powers and Responsibilities Act 2000 and the Weapons Act 1990 , and to amend the Acts mentioned in schedule 1, for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Domestic and Family Violence Protection and Other Legislation Amendment Act 2016 .

2 Commencement This Act commenced on a day to be fixed by proclamation.

Part 2 Amendment of Domestic and Family Violence Protection Act 2012

Division 1 Preliminary

3 Act amended This part amends the Domestic and Family Violence Protection Act 2012 . Note— See also the amendments in schedule 1.

Division 2 Amendments to enhance domestic and family violence protection system

4 Amendment of s 37 (When court may make protection order) (1) Section 37(1)(b)— insert— Note— See the examples of the type of behaviour that constitutes domestic violence in sections 8, 11 and 12, which define the terms domestic violence, emotional or psychological abuse and economic abuse. (2) Section 37(2)— omit, insert— (2) In deciding whether a protection order is necessary or desirable to protect the aggrieved from domestic violence— (a) the court must consider— (i) the principles mentioned in section 4; and (ii) if an intervention order has previously been made against the respondent and the respondent has failed to comply with the order—the respondent's failure to comply with the order; and (b) if an intervention order has previously been made against the respondent and the respondent has complied with the order—the court may consider the respondent's compliance with the order. (3) Section 37(3)— renumber as section 37(4). (4) Section 37— insert— (3) However, the court must not refuse to make a protection order merely because the respondent has complied with an intervention order previously made against the respondent.