Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Safety Committee
Vote on a motion
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (51)
Noes (36)
▸1 procedural vote
Vote to grant leave
Permission was granted.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
▸Show individual votesHide individual votes
Ayes (51)
Noes (36)
▸19 members spoke19 support
Supports the bill while acknowledging it does not go far enough, expressing frustration that affirmative consent was not included in the Law Reform Commission's scope. Committed to evidence-based law changes for better outcomes.
“The LNP is committed to greater protections and punishment and a system that delivers for survivors and complainants that is fair and just.”— 2021-03-25View Hansard
As Attorney-General, moved the second reading and supported the bill implementing all five QLRC recommendations to codify consent law principles, announcing the Women's Safety and Justice Taskforce led by Hon. Margaret McMurdo to examine broader reforms.
“Codifying existing case law in the Criminal Code will strengthen and modernise the law in relation to rape and sexual assault offences. It will also make the law more accessible for Queenslanders and facilitate a more consistent and correct application of the law by judges, legal practitioners and juries.”— 2021-03-24View Hansard
Supports the bill as implementing the Queensland Law Reform Commission recommendations to codify existing case law on consent, while acknowledging this is the first step and education is also needed.
“Clarity in the law is extremely important. For this reason, it is important that laws regarding consent and mistake of fact are clear for judges, lawyers, juries and the wider community.”— 2021-03-25View Hansard
Supported the bill as a thorough implementation of the QLRC recommendations to codify common law principles on consent, while acknowledging concerns from advocacy groups that reforms do not go far enough.
“Rape and sexual assault are abhorrent. There is no excuse for these crimes and offenders must be punished. Society, and in particular women, must feel safe from such depredations.”— 2021-03-24View Hansard
Supports the bill as necessary reform to clarify consent laws.
“I rise to speak in support of the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill.”— 2021-03-25View Hansard
As committee chair, supported the bill implementing QLRC recommendations to clarify consent laws, noting the committee's recommendation to pass the bill.
“The committee has recommended that the bill be passed.”— 2021-03-24View Hansard
As a former police investigator, supports the bill as generally supportive with its codification of case law having an educative effect, while acknowledging concerns from advocacy groups that more reform is needed.
“While generally supportive of the bill and overwhelming consent with its other amendments, some concerns were raised by submitters to the aspects of the bill I have outlined.”— 2021-03-25View Hansard
Supported the bill as shadow minister, emphasising the importance of strengthening consent laws while maintaining the presumption of innocence.
“The LNP will always support legislative reform that strengthens our laws to protect victims of sexual assault.”— 2021-03-24View Hansard
As former police officer, provides detailed explanation of how the Criminal Code chapters work together and supports the bill as providing necessary clarity on consent in sexual offence prosecutions.
“The onus of proof on the prosecution to prove to a level of beyond reasonable doubt is a heavy burden indeed. It is understandable to ensure that we have a criminal justice system that ensures fair and proper hearings and trials.”— 2021-03-25View Hansard
Supported the bill as an important step in improving consent laws and protecting victims of sexual assault.
“This bill represents an important step forward in our laws relating to consent.”— 2021-03-24View Hansard
Supports the bill while noting it is a start and more reform may be needed.
“I rise to speak on the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020.”— 2021-03-25View Hansard
As committee member, supported the bill implementing QLRC recommendations while acknowledging broader reforms may be needed.
“These are important reforms to our consent laws.”— 2021-03-24View Hansard
Supports the bill and criticises the Greens amendments as attempting to steal agency from survivors rather than allowing them to work with the task force.
“This government wants to place the agency for creating the solutions to these issues with survivors of sexual violence by giving them the opportunity to work in partnership with the task force.”— 2021-03-25View Hansard
Strongly supported the bill, speaking about the importance of consent law reform and the need to support victims of sexual assault.
“This bill is an important step in improving outcomes for victims of sexual assault.”— 2021-03-24View Hansard
As former police officer, supports the bill while noting it is not perfect but is possibly a step in the right direction. Highlights low conviction rates for sexual assault.
“Clearly this bill is not perfect, and I echo the list of concerns raised yesterday afternoon by our shadow Attorney-General, the member for Clayfield—but, for want of a better reality, it is at the very least possibly a step in the right direction.”— 2021-03-25View Hansard
Supported the bill as former Opposition Leader, emphasising the importance of protecting women and ensuring perpetrators face justice.
“The LNP will always support measures to protect women and ensure perpetrators of sexual violence face appropriate consequences.”— 2021-03-24View Hansard
Supports the bill as necessary to clarify and reinforce consent laws, while emphasising more practical policy changes are needed to protect women, children and the vulnerable.
“By no means am I arguing with the necessity of the clarification this bill offers to the Criminal Code. What I am concerned about is that this government has not presented the Law Reform Commission with the direction to investigate wider change.”— 2021-03-25View Hansard
Supports the bill as implementing important reforms to consent laws.
“I rise to speak in support of the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill.”— 2021-03-25View Hansard
As former police officer, supports the bill as long overdue reform to consent laws, acknowledging the horrendous statistics represent real people.
“We need to understand that at the core of those statistics are real people. For that reason, this bill and the changes espoused in it are long overdue. While there may be some who say that the bill does not go far enough, it is a start.”— 2021-03-25View Hansard
As Attorney-General, moved the bill and government amendments, opposed Greens amendments for affirmative consent as lacking guidance for judges on application.
“The government cannot support this amendment because there is no guidance provided for judges as to how these principles are to be applied.”— 2021-03-25View Hansard
Supports the bill passing but moved amendments for affirmative consent model that were defeated. Argued the bill does not go far enough to protect survivors.
“The introduction of these guiding principles would bring Queensland in line with the Victorian jurisdiction. All of these amendments have been circulated to all of the signatories on that letter and these amendments bring to the fore the agency and voice of survivors.”— 2021-03-25View Hansard
Plain English Summary
Overview
This bill makes changes across several unrelated areas of law. Most significantly, it clarifies consent laws for sexual offences by putting existing case law into the Criminal Code, making it clearer that silence is not consent and that voluntary intoxication is no excuse. It also extends police banning notices, bans predatory wagering marketing, and ensures victims of solicitor fraud receive full compensation.
Who it affects
Survivors of sexual assault benefit from clearer jury directions. Online gamblers will see fewer sign-up incentives and marketing. Late-night venue patrons face longer banning periods for violent behaviour. Victims of solicitor fraud who were underpaid can claim the balance.
Sexual consent law reform
Implements recommendations from the Queensland Law Reform Commission to make consent laws clearer in the Criminal Code. These changes are largely 'declaratory' - putting existing case law into legislation so juries can be properly directed.
- Silence or inaction alone does not mean consent - a person must positively communicate consent
- Consent can be withdrawn at any time by words or conduct, and the act becomes non-consensual from that point
- A defendant's voluntary intoxication cannot be considered when deciding if their belief in consent was reasonable
- The definition of consent now applies consistently to all sexual offences including assault with intent to commit rape
Alcohol-fuelled violence measures
Strengthens measures to reduce alcohol-related harm in entertainment precincts. Police can ban troublemakers for longer, ID scanning requirements are tightened, and safe night precincts must be regularly reviewed.
- Police banning notices extended from 10 days to up to one month for violent or disorderly behaviour
- New offence for venue staff who fail to comply with ID scanning requirements
- Licensee bans must be removed when a venue changes hands unless the new owner wants to keep them
- Safe night precincts must be reviewed every three years to ensure they remain effective
Online wagering protections
Implements national consumer protections to reduce gambling harm by banning predatory marketing tactics used by betting companies to sign up new customers.
- Wagering operators cannot offer incentives to open an account or refer a friend
- Marketing emails and texts require express consent and must have an easy unsubscribe option
- Winnings from 'free bets' can be withdrawn immediately without turnover requirements
- Racing bookmakers face the same restrictions when taking bets by phone or online
Solicitor fraud compensation
Ensures victims of dishonest solicitors receive full compensation from the Fidelity Guarantee Fund, including those who were previously underpaid due to statutory caps.
- Statutory caps can only be applied if paying in full would exhaust the Fund
- Claimants who were underpaid before 2016 must now be paid the balance plus interest
Liquor accords and competition law
Creates a registration process so liquor accords can implement harm-minimisation measures like minimum drink prices without breaching federal competition law.
- Liquor accords can register with the Commissioner to be exempt from cartel provisions
- Price and supply controls must be appropriate and proportionate to the alcohol-related problems they address