POLICE PROTECTION DIRECTIONS – THINGS YOU NEED TO KNOW ABOUT LEGISLATIVE AMENDMENTS TO THE DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 (QLD)
Changes to the Domestic Violence and Family Violence Protection Act from 1 January 2026:
The Queensland Government has introduced amendments to the Domestic and Family Violence Protection Act 2012 (Qld) (‘the Act’), empowering police officers to issue Police Protection Directions (‘PPDs’) in response to certain domestic violence incidents.
Effective from 1 January 2026, police officers will be able to issue PPDs to deliver immediate and long-term protection for aggrieved persons and named individuals, including children and unborn children, against domestic violence perpetrated by a respondent.
PPDs may include a range of protective conditions, such as standard provisions, cool-down periods, no contact orders, ouster conditions, and return conditions.
Unlike Police Protection Notices (‘PPNs’), PPDs do not require Court oversight.
Once served on the respondent, or once a police officer informs the respondent of the PPD and its conditions, the direction is in force for a period of 12 months.
Breaching a PPD is a criminal offence, carrying a maximum penalty of three years’ imprisonment or 120 penalty units.
Although PPDs may be beneficial for an aggrieved person by providing immediate and practical protection in circumstances of perceived risk, they also carry the potential to create significant and long-term harmful consequences for respondents. This risk is particularly acute because the allegations are untested and any exculpatory evidence is unlikely to be raised and considered by the police as it would otherwise be by the Court. In those cases, respondents may be subjected to no-contact conditions or exclusion from their home with immediate effect, often before having any opportunity to be heard, giving rise to substantial legal, personal, financial and family law implications.
Impact on Family Law Matters
While these amendments are likely to ease the administrative burden on the Courts and police in the management of domestic violence matters, they also confer upon police officers expanded powers to issue PPDs that may include no-contact conditions and ouster orders, without prior judicial oversight. As a result, PPDs are expected to have a significant and far-reaching impact on family law proceedings, particularly given the central relevance of domestic violence considerations within the family law jurisdiction and the immediate practical consequences such orders may have on parenting arrangements, living arrangements, and ongoing litigation.
What Should I do If I Am Served with a Police Protection Direction?
If served with a PPD, there are two important safeguards to be aware of.
First, an individual who is subject to a direction may request a police review of the PPD, which allows the issuing officers to reconsider the necessity or conditions of the direction. This provides an initial opportunity to remove or modify the terms without immediately resorting to the courts. A person seeking a police review must apply to police for that review within 28 days of the grounds for issuing the PPD being served on the respondent, unless exceptional circumstances apply.
Secondly, there is the option of a court review, which offers an independent and impartial forum to contest the direction. Through the court process, a respondent can have the allegations and conditions tested against legal standards, ensuring that procedural fairness is upheld. A court review can be applied for at any time while the PPD is in force.
An individual does not need to seek a police review before applying for a court review, although a court review can be sought following the outcome of a police review, if desired.
It is important to note that the aggrieved also has access to these safeguards to ensure their protection and that the direction meets their safety needs.
Given the serious and immediate consequences that PPDs can have, it is essential for anyone affected, whether as an aggrieved person or a respondent, to understand their rights and options. Seeking timely legal advice can help protect your interests, ensure procedural fairness is observed, and provide guidance on the most appropriate steps to take. Our experienced team is available to discuss your situation confidentially and provide practical, informed advice tailored to your circumstances. Please contact our office if you require further assistance.
