2016-13 – APL Monthly Update Log for February 2016
The Free Legal Education summaries found in Access Point Law are updated monthly by the author. The following are the Queensland law change highlights for the month of February 2016.
The information published in this section has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising in this section expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time in this section.
1 March 2016
New secondary principle for administration of the Act added to section 4 of the Domestic and Family Violence Protection Act 2012: “to the extent that it is appropriate and practicable, the views and wishes of people who fear or experience domestic violence should be sought before a decision affecting them is made under this Act”.
Cross applications under the Domestic and Family Violence Act 2012 are now covered by ss41A-F of the Act (replaces section 41 of the Act).
If there is an existing DV protection order in place and there is a new cross application, the court will need to be informed pursuant to new section 41F of the Domestic and Family Violence Protection Act 2012.
Pursuant to new subsection 57(2) of the Domestic and Family Violence Protection Act 2012, the court when making a DV protection order must now consider whether to impose an ouster condition on the respondent in relation to the aggrieved’s usual place of residence.