LEGISLATIVE AMENDMENTS TO THE DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012: KEY CHANGES TO THE LAW COMMENCING IN QUEENSLAND FROM 1 JANUARY 2026

The Domestic and Family Violence Protection and Other Legislation Bill 2025 (the Bill) will take immediate effect in Queensland from 1 January 2026. The key changes include the creation of:

1. A Police Protection Direction (PPD) – a 12-month legal direction requiring a Respondent to not commit domestic violence and comply with additional conditions if listed;
2. Powers allocated to Queensland Police to issue a PPD without the matter going to Court; and
3. A criminal offence if a PPD is contravened, carrying a maximum penalty of 120 penalty units (currently $20,028) or 3 years imprisonment.

WHEN CAN POLICE ISSUE A PPD?

From 1 January 2026, Queensland Police will have the ability to issue a PPD if they reasonably believe:

1. The Respondent has committed domestic violence;
2. A PPD is necessary and desirable to protect the Aggrieved and Named Person/s from domestic violence; and
3. An Application for a Protection Order before the Magistrate Court would not be more appropriate.

DURATION OF A PPD

It is important to note that a PPD takes effect immediately from:

1. when it is served on the Respondent; or
2. when a Police Officer communicates to the Respondent about the PPD and its conditions.

Once the PPD has taken effect, it will continue in force for a period of 12-months.

CIRCUMSTANCES WHEN A PPD CANNOT BE ISSUED

The Bill provides a list of circumstances when a PPD should not be issued. These circumstances include if Queensland Police reasonably believe:

1. Either party is:
   1. A child; or
   2. A Police Officer;
2. The Respondent should be taken into Police custody;
3. The parties are or have previously been named on a Domestic Violence Order;
4. The Respondent:
   1. is already named on a current or expired PPD;
   2. has been convicted of a domestic violence offence within the previous two years;
   3. used, or threatened to use a weapon or instrument to commit domestic violence;
   4. is subject to domestic violence proceedings which have not concluded;
   5. There are indications that both parties are in need of protection; and/or
   6. The person who is most in need of protection in the relationship cannot be identified by Queensland Police.

CAN CHILDREN BE NAMED AS A PROTECTED PERSON UNDER A PPD?

Queensland Police may name a child in a PPD if they reasonably believe:

1. It is necessary and desirable to protect the child from associated or exposure to domestic violence; and
2. The child is not subject to:
   1. A Family Law Order; or
   2. An Order or Care Agreement under the Child Protection Act 1999 (QLD)

REVIEW PROCESS

If a Respondent, Aggrieved, Named Person or an Authorised person wishes to contest or review the PPD, they can:

1. Apply to the Commissioner of Police within 28 days after the PPD has taken effect; and/or
2. Apply to the Magistrates Court within 12 months after the PPD has taken effect.

Filing a review application in the Magistrates Court will automatically convert the PPD into an Application for a Protection Order, where the Court will determine whether to make a Final Protection Order for the duration of 5 years.

WHEN TO GET ADVICE

The capacity for Queensland Police to make on the spot assessments concerning domestic violence risk is not necessarily new where existing powers allow for Police Protection Notices to issue.

However, given the immediate effect of a PPD which can remain in place for 12 months, and Queensland Police’s discretion to include additional conditions which can interact with family law proceedings and children (in absence of an Order or Care Agreement), it is important that all persons impacted by a PPD (whether the Aggrieved, Respondent or a Named Person) obtain advice from a qualified lawyer from the very outset a PPD is issued to ensure:

1. they fully understand the nature and consequences of the PPD (durations, conditions, the type of behaviour that constitutes domestic violence that could lead to a contravention);
2. they utilise the most appropriate forum if a review is required to seek:
   1. Additional conditions to promote safety;
   2. Exemptions to prevent inadvertent breaches of the PPD (i.e. if the PPD does not include family law exemptions to allow for care and communication of children or resolution of family law matters); or
   3. The PPD be set aside.
3. they are aware of the time limitations to seek a review.