Who’s DVO is this?

During our time here we have cover our anna’s excellent legal skills.

Like when she threatens to sue for defamation. Or when she live posted a traffic stop where our anna ended being arrested. Or her use of a carriage service to menace, harass or cause offence. We could go on.

Today we would like to introduce you all to the Domestic and Family Violence Protection Act 2012  (Queensland).

This legislation was introduced to afford the victims of domestic violence a measure of protection. We here at SGFTVOCAP/S headquarters fully support the intent of the domestic violence legislation. But we are unanimous in that there are two glaring flaws with this legislation. We feel that:

  1. Domestic Violence Orders (DVO) should only be able to be applied for through the police. A DVO can only be applied for as the result of a criminal act, and this is something that the police should not only be aware of, but should be acting on.
  2. No-where in the legislation does it specify the consequences of making a false or vexatious claim. There are penalties that can be imposed when a false of vexatious claim is made, and this (in our opinion) should be made clear before an application is made.

 

Anyway, we’ll put the soapbox away now and get back to the Domestic and Family Violence Protection Act 2012  (Queensland).

In the legislation there is a component called Confidentiality. It is there in the Domestic and Family Violence Protection Act 2012 under Part 5–Court proceedings, Division 4–Confidentiality.

We specifically want to look at section159 Prohibition on publication of certain information for proceeding.

http://www.austlii.edu.au/au/legis/qld/consol_act/dafvpa2012379/s159.html

 

  • A person must not publish—
  • (b) information that identifies, or is likely to lead to the identification of, a person as—
  • Maximum penalty—
    • for an individual—100 penalty units or 2 years imprisonment;

 

  • In this section—
  • information includes a photograph, picture, videotape and any other visual representation.
  • publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.

 

So, if a person was to say, post an image of a DVO onto their facebook page they would be in breach of the Domestic and Family Violence Protection Act 2012. Such as this example that we were provided with (thanks anna).

We will note that our anna posted a redacted version of the DVO. We have demonstrated previously that as far as our anna is concerned a redacted image is fake. Only un-redacted images are actual evidence in her eyes.

We could also cover the basic fact that to counter our post about our anna being in court on the 15th September 2016 where anna’s accusations of domestic violence were found to be unsubstantiated, anna posts an image of a DVO created prior to 2012. Our point still stands. For Anil to appear in court on the 15th September 2016 to defend himself an interim DVO would be in force, as a matter of due process.

We don’t hold people to the same standards as our anna. We are happy to accept that the image our anna posted is a genuine DVO, even though it lacks the required court reference numbers, and the signatures that make it a completed DVO .

So we thought we would contact the Queensland Attorney-General, The Hon Yvette D’Ath’s office and asked their opinion on a person posting an image of a DVO. To date we have not had a response to our request for information, but we will update the post if we do.

We have also forwarded the same email to the shadow ministers for Justice and prevention of domestic violence (Ian Walker and Ros Bates). This has recently been sent so we do not expect a reply immediately. We will also update the post if we get a response from either Ian Walker and Ros Bates.

And a quick note to our anna, everything has been copied and forwarded to the MP’s mentioned above.

UPDATE:

Alex Leamy, Assistant Electorate Officer has replied on behalf of Ros Bates MP Shadow minister for the Prevention of Domestic and Family Violence, although we are disappointed in the response.

“It would be inappropriate for Ms Bates to provide legal advice as a Member of Parliament.”

Sorry, but as the people responsible for setting state law Ms Bates & co, are the correct people to approach for clarification on Queensland legislation.

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