Changes to the Domestic and Family Violence Protection Act, and the introduction of Police Protection Directions

Changes to the Domestic and Family Violence Protection Act, and the introduction of Police Protection Directions

On 1 January 2026 updates to the Domestic and Family Violence Protection Act 2012 Queensland commenced. These updates have introduced Police Protection Directions (PPD’s). It’s important that these new directions, their application and impact are understood.

What is a PPD?

A PPD is an on-the-spot direction made by a trained officer with no court involvement. These directions are designed to provide immediate protection to the person the police deem most in need of protection in a domestic violence situation (the aggrieved) by imposing conditions on the other party (the respondent). A PPD may also name other people (including children) who are in need of protection from the respondent (named persons). These directions enforce conditions on the respondent for a period of 12 months. These directions always include the ‘standard conditions’ that the respondent:

• must be of good behaviour toward the aggrieved and any named persons
• must not commit DV or associated DV against the aggrieved or named persons
• must not expose a named child to DV
• must not organise, encourage, ask, tell, force or engage another person to commit DV on their behalf.

A PPD may also include any of the following additional conditions at the discretion of the Police. These include:

1. no-contact conditions that can prohibit the respondent from contacting, approaching or attempting to locate the aggrieved.
2. ouster conditions that can prevent access to certain locations, including the aggrieved’s usual place of residence or workplace.
3. return conditions that are made with ouster conditions and allow the respondent to return to a place for a specific time to retrieve personal property, under supervision of police.
4. cool-down conditions that can temporarily restrict access to certain locations and prevent the respondent from approaching or contacting the aggrieved for a certain period.

However, if the PPD names a child these additional conditions are not available and the matter must proceed to court.

Breaching any of the conditions of a PPD constitutes a criminal offence for which the maximum penalty is a fine of 120 penalty units (currently $20,028) or 3 years imprisonment.

When can a PPD be made?

Issuing a PPD is at the discretion of the Police. A PPD should only be issued in situations where it would not be more appropriate for the matter to proceed to court. There are various circumstances in which a PPD is not able to be issued by the police. These include where:

• the respondent or aggrieved is a child;
• the respondent or aggrieved is a police officer;
• the respondent should be taken into custody in relation to the DV;
• a DVO or recognised interstate order relating to the parties is in force or has previously been in force;
• a PPD against the respondent is in force or has previously been in force;
• the respondent has been convicted of a DV offence within the previous 2 years;
• a proceeding for a DV offence against the respondent has commenced but remains ongoing;
• a proceeding for a DVO has started but not been finalised;
• the respondent has used, or threatened to use, an offensive weapon or instrument to commit DV;
• there are indications that both persons in the relationship are in need of protection, and the person most in need of protection cannot be identified; or
• The PPD would include a child as a named person and the officer is aware that there are family law or child protection proceedings in relation to that child.

What stops the Police from making the wrong choice?

The new legislation has introduced three main protections to minimise the risk that the police make the wrong choice in issuing a PPD. These include:

1. Training
   A police officer cannot issue a PPD unless they have undergone the appropriate PPD training, and the issuing of a PPD is signed off on by a supervising officer.

2. Mandatory considerations
   Police must consider if the respondent may cause serious harm to the aggrieved or a named person if they commit further DV, if there are additional powers available to courts in making a protection order that may be necessary or desirable (such as making an intervention order), if either party has a conviction for a DV offence if the respondent is not present at the location of the officer and reasonable attempts to speak with the respondent have not enabled a discussion regarding the DV.

3. Review
   When a PPD is issued the respondent, the aggrieved, a named person and the police have the option to apply to have the PPD reviewed by the Police. A Police review must be applied for within 28 days of the PPD being issued and can result in the PPD remaining in place, having conditions or named persons changed, or being revoked. The matter may also be referred for other action under the legislation.Alternatively, the aggrieved or the respondent can apply to have the PPD reviewed by the court at any time while the PPD is in place including before or after a Police Review is conducted. If a court review is initiated the PPD is treated as an application for a protection order and the court hears the matter as it would hear any other application for protection.

Whilst these protections minimise risk, they do not erase it. If you find yourself the subject of a PPD it is recommended that you seek legal advice immediately so you can consider what options may be right for you.

How is a PPD different from other forms of domestic violence protection?

The main difference between a PPD and other forms of domestic violence protection is that a PPD does not require the parties to go to court. The Court only becomes involved if the parties seek a review of the police decision.

What should I do if I am the subject of a PPD?

If you or someone you know is the subject of a PPD, it is important to seek legal advice immediately.

As a respondent, breach of a PPD is a criminal offence which carries a significant penalty, so it is imperative that you understand the conditions, obligations and options that a PPD can impart.

Additionally, as an aggrieved in a domestic violence situation it is important to understand the differences between a PPD and other forms of protection, your options, and what will be best for your long-term protection.

We understand that these situations can be complicated and difficult to navigate on your own. If you are the subject of a PPD call (07) 3034 0000 to speak with one of our solicitors or if you’re not quite ready to speak to us, get your free online case appraisal.