The following is intended as general and not legal advice.

Ouster Orders in Queensland

An ouster order is a specific condition of an domestic violence order (“DVO”), made pursuant to the Domestic Violence and Family Protection Act 2012 (Qld) (“DVFPA”), requiring or prohibiting a Respondent from either one or all of the following:

  • remaining at a premises;

  • entering or attempting to enter a premises; and/or,

  • approaching within a stated distance of a premises.

For more information, see section 63 of the DVFPA.

Importantly, this includes premises that the Respondent owns, or has an equitable interest in (s 63(2)(a)), a premises that the aggrieved and respondent share or have previously shared (s 63(2)(b)); or, a premises where the aggrieved or named person in the order lives, works or frequents (s 63(2)(c)).

Considerations when making an ouster order relating to the aggrieved’s usual place of residence

In deciding whether or not to impose an ouster order upon a Respondent, the Courts must have regard to both sections 57 and 64 of the DFVPA.

The principle of paramount importance to the court, when considering making such an order, is the safety, protection and wellbeing of people who fear or experience domestic violence (including children) (s 57(3)). Other considerations, contained in s 64(1), include:

  • whether the aggrieved and child(ren) living with the aggrieved can continue to live safely in the residence if the ouster condition is not made;

  • views or wishes expressed by the aggrieved about imposing an ouster condition on the respondent in relation to the aggrieved’s usual place of residence;

  • the desirability of preventing or minimising disruption to the aggrieved and child(ren) living with the aggrieved, including by minimising disruption to their living arrangements and allowing them to continue, or return, to live in the residence;

  • the importance of the aggrieved and any child living with the aggrieved being able to maintain social connections and support that may be disrupted or lost if they can not live in the residence;

  • the need to ensure continuity and stability in the care of any child living with the aggrieved;

  • the need to allow childcare arrangements, education, training and employment of the aggrieved and any child living with the aggrieved to continue without interruption;

  • the particular accommodation needs of the aggrieved and any child who may be affected by the ouster condition;

  • the particular accommodation needs of the respondent.Examples of particular accommodation needs includes both accommodation needs that relate to a disability or impairment; and accommodation needs relate to the number, or age, of the children who require accommodation.

Requirements of the Court:

Legislation provides the Court must give reasons for imposing or not imposing the condition (s 64(3)).

In 2015, during the Second Reading Speech for an amendment to the legislation, the Hon. SM Fentiman noted: “… a court will be required to take into consideration views or wishes expressed by the aggrieved person about whether an ouster condition should be included as part of a protection order … however, whether […] or not a condition is made will remain the discretion of the court”.

Further information:

Should you wish to discuss ouster conditions in Queensland, or require further advice, please contact me.