Legislation
Domestic and family violence can occur in all families regardless of ethnic or cultural background, religious beliefs, sexual preference, age, gender, or socioeconomic status; and while males are more often the offender, men can also be victims.
The Domestic and Family Violence Protection Act 1989 (the Act) aims to provide safety and protection for people in domestic relationships who are victims of domestic and family violence.
The Act defines domestic relationships as spousal relationships, intimate personal relationships, family relationships and informal care relationships.
The Act was amended in March 2003 to protect people in a broad range of intimate relationships from violence.
As part of the Queensland Government's responsibility for administering the Domestic and Family Violence Protection Act 1989, a review of the Act is currently underway.
The draft Domestic and Family Violence Protection Bill 2011 has been gathered to inform the review.
From March to May 2010, the Queensland Government sought submissions from the community in response to the review's Consultation Paper.
The Review of the Domestic and Family Violence Protection Act 1989: Consultation Report 2011 is being used in the ongoing development of policy proposals for new legislation. The review is expected to be completed in late 2011.
What are domestic relationships under the Act?
Spousal relationships:
People who are married, separated or divorced; biological parents of a child; or two people of the same or opposite sex who are living together or have previously lived together as a couple.
Intimate personal relationships:
People who are or were engaged to be married to each other including a betrothal under cultural or religious tradition. It also includes people who are or were previously dating and whose lives have become enmeshed.
The circumstances of the relationship include, for example:
- trust and commitment
- the length of time for which the relationship has existed or did exist
- the frequency of contact between the persons
- the level of intimacy between the persons.
Family relationships:
People who are relatives of each other by blood or marriage such as a grandparent, aunt, uncle, step-parent, sibling, cousin or adult children (18 years and over). The relatives of those who are in or have been in a defacto relationship are also included.
A relative also includes a person it is reasonable for someone to regard as their relative. The concept of a relative may be broader for some people, such as for Aboriginal people, Torres Strait Islanders, members of certain non-English speaking background communities, and people with particular religious beliefs.
Informal care relationships:
These are relationships where one person is or was dependent on another person (a carer) for assistance in an activity of daily living (personal care activities). This may include dressing, preparing meals or shopping. The personal care must be required because of a disability, illness or impairment. The care must be provided in an informal way and not involve the payment of a fee or care as part of an arrangement, for example in-home care nurses. A fee does not include a pension or allowance in the carer's own name from the Commonwealth Government.
Seeking protection through a Domestic Violence Order
The Act provides protection to those people experiencing domestic and family violence by allowing a Court to make a domestic violence order. The domestic violence order aims to prevent domestic and family violence occurring within a domestic relationship by restricting the behaviour of the person committing the abuse (the respondent).
If you are experiencing domestic and family violence in a relationship covered under the Domestic and Family Violence Protection Act 1989, you can apply for a protection order.
The Act recognises that some people may not want to end their relationship - just want the violence to stop. This means that the person seeking protection and the person who committed the abuse can continue to have contact with each other and live in the same household if that is what they both want.
More information on the Act can be found in the department's booklet Legislation Explained: The Domestic and Family Violence Protection Act 1989 . Copies of the Domestic and Family Violence Protection Act 1989 can be obtained from The Government Bookshop or at www.legislation.qld.gov.au.
See further information about applying for a Domestic Violence Order.
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