Domestic and Family Violence Protection and Other Legislation Amendment Regulation 2025

1Short title

This regulation may be cited as the Domestic and Family Violence Protection and Other Legislation Amendment Regulation 2025.

2Commencement

(1)Part 2 commences on 1 October 2025.

(2)Parts 3 to 9, other than sections 23 and 24, commence on 1 January 2026.

3Regulation amended

This part amends the Domestic and Family Violence Protection Regulation 2023.

4Insertion of new pt 1, hdg

Before section 1—
insert—

Part 1 Preliminary

5Insertion of new s 1A

After section 1—
insert—

1ADefinitions

In this regulation—

monitoring information, for part 2, division 2, see section 1F.

specialist DFV service provider, for part 2, division 2, see section 169C of the Act.

6Insertion of new pt 2 and pt 3, hdg

After section 1A, as inserted by this regulation—
insert—

Part 2 Monitoring device conditions

Division 1 Prescribed matters

1BCourts that can impose monitoring device condition—Act, s 66B

For section 66B(1)(b) of the Act, each of the following courts is a court that can impose a monitoring device condition on a respondent—

(a)a Magistrates Court held in Caboolture in the Caboolture Magistrates Courts District;

(b)a Magistrates Court held in Townsville in the Townsville Magistrates Courts District.

1CRequirement relating to residential addresses of respondent and aggrieved—Act, s 66B

(1)Subsection (2) applies if the court imposing a monitoring device condition on the respondent is a Magistrates Court held in Caboolture in the Caboolture Magistrates Courts District.

(2)A requirement for section 66B(1)(c) of the Act is that when the monitoring device condition is imposed on the respondent—

(a)the postcode for the respondent’s residential address is 4504, 4505, 4506, 4507, 4510, 4511, 4512, 4514, 4515, 4516, 4519 or 4521; and

(b)the postcode for the aggrieved’s residential address is a postcode mentioned in paragraph (a).

(3)Subsection (4) applies if the court imposing a monitoring device condition on the respondent is a Magistrates Court held in Townsville in the Townsville Magistrates Courts District.

(4)A requirement for section 66B(1)(c) of the Act is that when the monitoring device condition is imposed on the respondent—

(a)the postcode for the respondent’s residential address is 4810, 4811, 4812, 4814, 4815, 4816, 4817 or 4818; and

(b)the postcode for the aggrieved’s residential address is a postcode mentioned in paragraph (a).

(5)In this section—

residential address, for a person, includes the person’s last known residential address.

1DOther requirement about respondent—Act, s 66B

(1)A requirement for section 66B(1)(c) of the Act is that the respondent must be—

(a)in the custody of a police officer; or

(b)taken to be in the chief executive’s custody under the Corrective Services Act 2006, section 7 and subject to—

(i)a community based order under the Corrective Services Act 2006; or

(ii)a parole order under the Corrective Services Act 2006.

(2)This section expires on 31 January 2026.

Division 2 Information relating to monitoring device condition—Act, section 66F

1EApplication of division

This division prescribes matters for section 66F of the Act.

1FDefinitions for division

(1)In this division—

monitoring information means information relating to a monitoring device or safety device, including information relating to alerts and notifications from the device or a person’s geographical location.

specialist DFV service provider see section 169C of the Act.

(2)In this division, a reference to domestic violence includes a reference to associated domestic violence.

1GPurposes for sharing monitoring information

(1)Monitoring information in relation to a monitoring device condition imposed on a respondent may be shared for the following purposes—

(a)performing a function necessary for the imposition of the monitoring device condition;

(b)assisting the respondent to comply with the monitoring device condition;

(c)supporting or assisting the aggrieved or named person, including assisting the aggrieved or named person to use a safety device;

(d)assessing whether there is a serious threat to the life, health or safety of the aggrieved or named person because of domestic violence;

(e)responding to serious threats to the life, health or safety of the aggrieved or named person because of domestic violence.

(2)Without limiting subsection (1), monitoring information may be shared with the chief executive for the purpose of evaluating whether imposing monitoring device conditions on respondents has been effective in improving the safety, protection and wellbeing of people who fear or experience domestic violence.

1HPrinciples for sharing monitoring information

Monitoring information may be shared having regard to the same principles for sharing information that are mentioned in section 169B(a), (b) and (c) of the Act.

1ISharing monitoring information to ensure compliance with monitoring device condition

(1)A prescribed entity or specialist DFV service provider may give monitoring information to another prescribed entity or specialist DFV service provider to facilitate compliance with a request made by the chief executive under section 66E(2) of the Act.

(2)Without limiting subsection (1), the prescribed entity or specialist DFV service provider may give monitoring information to another prescribed entity or specialist DFV service provider to the extent necessary—

(a)to enable the fitting of the monitoring device to, or the removal of the monitoring device from, the respondent; and

(b)to enable the doing of any of the following—

(i)remotely monitoring the monitoring device;

(ii)giving a safety device to the aggrieved or named person;

(iii)remotely monitoring the safety device;

(iv)contacting the respondent in relation to the monitoring device;

(v)contacting the aggrieved or named person in relation to the safety device;

(vi)giving information relating to alerts or notifications from the monitoring device to the chief executive, a prescribed entity or a specialist DFV service provider; and

(c)otherwise to facilitate the prescribed entity’s compliance with the request.

1JSharing monitoring information for assessing domestic violence threat

(1)A prescribed entity or specialist DFV service provider (each the holder) may give monitoring information to another prescribed entity or specialist DFV service provider if the holder reasonably believes the information may help the entity receiving the information to assess whether there is a serious threat to a person’s life, health or safety because of domestic violence.

(2)This section does not limit section 1I.

1KSharing monitoring information for responding to serious domestic violence threat

(1)A prescribed entity or specialist DFV service provider (each the holder) may give monitoring information to another prescribed entity or specialist DFV service provider if the holder reasonably believes the information may help the entity receiving the information to lessen or prevent a serious threat to a person’s life, health or safety because of domestic violence.

(2)This section does not limit section 1I.

1LSharing monitoring information with respondent, aggrieved or named person

(1)A prescribed entity or specialist DFV service provider may share monitoring information relating to a monitoring device with the respondent who is fitted with the device.

(2)A prescribed entity or specialist DFV service provider may share all the following monitoring information in relation to a monitoring device condition with the aggrieved or named person (each a relevant person) if the relevant person consents to being given the information—

(a)information relating to the monitoring device;

(b)if the relevant person is given a safety device—information relating to the safety device.

1MPermitted uses of shared monitoring information

(1)A prescribed entity or specialist DFV service provider may use information given to the entity or provider under this division to the extent necessary to do the following—

(a)comply with a request made by the chief executive under section 66E(2) of the Act;

(b)assess whether there is a serious threat to a person’s life, health or safety because of domestic violence;

(c)lessen or prevent a serious threat to a person’s life, health or safety because of domestic violence, including by—

(i)contacting, or attempting to contact, the person or another person involved in the domestic violence; or

(ii)offering to provide assistance or a service to the person or another person involved in the domestic violence.

(2)Without limiting subsection (1), the chief executive may use monitoring information given to the chief executive under this division to the extent necessary to evaluate whether imposing monitoring device conditions on respondents has been effective in improving the safety, protection and wellbeing of people who fear or experience domestic violence.

1NWho may give or receive monitoring information on behalf of relevant entity

(1)This section applies if a prescribed entity or specialist DFV service provider (each a relevant entity) may give, receive or use monitoring information under this division.

(2)Section 169H(2) and (3) of the Act apply in relation to the relevant entity as if a reference to the entity in the subsections were a reference to the relevant entity.

1OLimits on monitoring information that may be shared

Despite sections 1I, 1J and 1K, monitoring information may not be given to an entity under this division if the monitoring information is information to which section 169J(a) to (e) of the Act applies.

1PPolice use of monitoring information

(1)This section applies if a police officer receives monitoring information from a prescribed entity or specialist DFV service provider under section 1I, 1J or 1K.

(2)Section 169L(2) to (5) of the Act (the operative provision) applies in relation to the police officer as if a reference to information disclosed under this section in the operative provision were a reference to monitoring information disclosed under subsection (1).

1QRecording and storing monitoring information

A prescribed entity or specialist DFV service provider that is given monitoring information under this division in relation to a monitoring device condition may record and store the information to the extent necessary to ensure compliance with a request made by the chief executive under section 66E(2) of the Act.

Part 3 Other prescribed matters

7Omission of s 6 (Repeal)

Section 6—
omit.

8Insertion of new pt 4, hdg

Before section 7—
insert—

Part 4 Transitional provision

9Rules amended

This part amends the Childrens Court Rules 2016.

10Amendment of r 14A (Documents to be filed if acknowledgement of sex proceeding started)

(1)Rule 14A(2)(b), from ‘order—’—
omit, insert—

order or police protection direction—a copy of the domestic violence order or police protection direction;

(2)Rule 14A(3)—
insert—

police protection direction means a police protection direction under the Domestic and Family Violence Protection Act 2012.

11Regulation amended

This part amends the Disability Services Regulation 2017.

12Amendment of s 11 (Risk assessment matters)

Section 11(1)(h), after ‘made’—
insert—

, or a police protection direction is issued,

13Rules amended

This part amends the Domestic and Family Violence Protection Rules 2014.

14Amendment of r 8 (DFVP application may be filed in registry in any district or region)

(1)Rule 8(1) and note 1, before ‘police protection application’—
insert—

relevant

(2)Rule 8(2)—
insert—

relevant police protection application means a police protection notice that is taken to be an application for a protection order under the DFVP Act, section 112.

15Amendment of sch 2 (Dictionary)

Schedule 2, definition police protection application—
omit, insert—

police protection application means—

(a)a police protection direction that is taken to be an application for a protection order under the DFVP Act, section 100ZB(1); or

(b)a police protection notice that is taken to be an application for a protection order under the DFVP Act, section 112.

16Regulation amended

This part amends the Evidence Regulation 2017.

17Omission of s 4A (Prescribed matters for domestic violence proceedings—Act, s 103C)

Section 4A—
omit.

18Regulation amended

This part amends the Explosives Regulation 2017.

19Amendment of s 18B (Notification requirements for security clearance holders)

Section 18B(1)(b), after ‘order’—
insert—

, police protection direction

20Amendment of s 43A (Notification requirements for holders of security sensitive authorities)

Section 43A(1)(a)(iii) and (b)(ii), after ‘order’—
insert—

, police protection direction

21Regulation amended

This part amends the Police Service Administration Regulation 2016.

22Amendment of sch 2 (Approved information)

Schedule 2, item 1, after 13th dot point—
insert—

•whether a police protection direction has been issued under the Domestic and Family Violence Protection Act 2012, part 4, division 1A against the person and, if so, the details of the direction

23Regulation amended

This part amends the Residential Tenancies and Rooming Accommodation Regulation 2025.

24Amendment of s 23 (Value for lost property left on premises for sale, disposal or donation by lessor—Act, s 393)

Section 23, heading, ‘lessor’—
omit, insert—

provider

25Amendment of s 37 (Supporting evidence—Act, ss 308B and 381B)

(1)Section 37(1)(a), after ‘orders’—
insert—

, directions

(2)Section 37(1)(a)—
insert—

(iia)a police protection direction;

(3)Section 37(1)(a)(iia) to (iv)—
renumber as section 37(1)(a)(iii) to (v).