Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022

Introduced: 14/10/2022By: Hon S Fentiman MPStatus: PASSED with amendment

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced14 Oct 2022View Hansard
First Reading14 Oct 2022View Hansard
Committee14 Oct 2022 – 22 Feb 2023View Hansard

Referred to Legal Affairs and Safety Committee

Second Reading21 Feb 2023 – 22 Feb 2023View Hansard
42 members spoke42 support
11.34 amMr WEIRSupports

Supports the bill as a necessary step to address domestic violence and coercive control, acknowledging it is a blight on society that must be addressed through legislation.

Anything that we as elected representatives can do to rid society of this menace will be a benefit for society as a whole.2023-02-22View Hansard
12.09 pmHon. SM FENTIMANSupports

As Attorney-General, moved the second reading and outlined the bill's amendments to combat coercive control, modernise stalking offences, and implement Women's Safety and Justice Taskforce recommendations.

This is an historic day for Queenslanders. It is an historic day for victim-survivors. When I tabled the first Hear her voice report I made a commitment to victim-survivors that the government heard them and was acting. I am proud that we continue to act.2023-02-21View Hansard
11.42 amHon. MAJ SCANLONSupports

Strongly supports the bill as an important step in protecting victims and addressing the gendered nature of domestic violence, emphasising that coercive control is often the most common factor leading to intimate partner homicide.

These amendments are an important step in ensuring our legislation protects victims and reflects the reality of domestic and family violence. Importantly, these amendments also lay the groundwork for the introduction of coercive control as a standalone offence.2023-02-22View Hansard
12.29 pmMs CAMMSupports

As shadow minister, confirmed the LNP supports the bill but criticised the government for slow implementation and lack of evaluation of DV measures, calling for better monitoring of reforms.

The LNP will not be opposing and in fact will be supporting these amendments today—amendments to the Criminal Code that rename, modernise and strengthen the offence of 'unlawful stalking' to 'unlawful stalking, intimidation, harassment or abuse'.2023-02-21View Hansard
11.48 amMrs FRECKLINGTONSupports

Supports the bill as an important first step but criticises the government for being too slow in implementing recommendations. Calls for coercive control and domestic violence to be made summary offences.

Whilst I support this bill and the updating of the terminology of 'coercive control', I continue to wait for both coercive control and domestic violence to be made summary offences in Queensland.2023-02-22View Hansard
12.47 pmMr RUSSOSupports

As committee chair, outlined the committee's recommendations and emphasised the importance of embracing the Hear her voice recommendations to address harm perpetrated on women and children.

It is important to test the committee's inclination for change. To not embrace the changes or recommendations in the Hear her voice report is to bury our heads in the sand.2023-02-21View Hansard
11.58 amMr KELLYSupports

Strongly supports the bill, sharing personal connections to the Hannah Clarke tragedy in his electorate. Emphasises the importance of naming coercive control as a first step to addressing it.

One of the things they have said consistently is that one of the challenges they had is that even though they knew there was something wrong in their daughter's relationship they could not put a name to the behaviour.2023-02-22View Hansard
3.13 pmMrs GERBERSupports

Expressed strong support while criticising government delays in acting on recommendations, raised concerns about sexual offence terminology changes, and called for genuine action and resourcing.

The LNP will always support legislation to protect Queenslanders—and that is the intent of this bill—but it is necessary to share some of the concerns raised by stakeholders.2023-02-21View Hansard
12.17 pmMs HOWARDSupports

Supports the bill and acknowledges the task force work in giving victims an outlet to share their experiences. Emphasises that coercive control is at the core of domestic violence and often not recognised as abuse.

When it was put to Hannah Clarke by police that she had enough to take out a domestic violence order against her ex-partner she told her mother, 'He never hit me, Mum.'2023-02-22View Hansard
3.20 pmMr HUNTSupports

Strongly supported the bill, emphasising that domestic violence is a men's issue that requires all men to challenge patriarchal attitudes and support the shift in thinking needed.

Be under no misapprehension, it is a men's issue and it always has been. It is a men's issue because it is overwhelmingly perpetrated by men against women, and it is for that reason that the primary share of work and resources must be directed to that area.2023-02-21View Hansard
12.26 pmMr BENNETTSupports

Supports the bill's intent but raises concerns about implementation, resourcing for police, and the need to update assessment forms to include coercive control questions.

The amendments brought forward in this bill from the Hear her voice recommendations are a necessary early step to improve the justice system's response to domestic and family violence. However, some of the measures will need to be monitored closely.2023-02-22View Hansard
3.30 pmMs BOLTONSupports

Supported the bill as important reform addressing a real and urgent need, but raised concerns about inadequate funding, resourcing and the need for community education campaigns.

As one submitter stated, a lack of resources could see the intent of this bill fail, and that is not an option.2023-02-21View Hansard
12.35 pmMrs MULLENSupports

Strongly supports the bill as part of the government's commitment to legislate against coercive control. Emphasises that criminalising coercive control will make visible the system of abuse that endangers women and children.

Criminalising coercive control will replace the broken lens we have on domestic abuse: instead of seeing a collection of incidents, it will make visible the system of abuse that endangers—and even kills—so many women and children.2023-02-22View Hansard
3.37 pmMs BUSHSupports

Spoke from a gendered perspective about how domestic violence has shaped her life and defended the government's significant action including the task force, commission of inquiry and funding commitments.

We have to get better at recognising coercive control—the pattern of behaviours perpetrated against a person to create a climate of fear, isolation, intimidation and humiliation.2023-02-21View Hansard
12.44 pmMr MOLHOEKSupports

Supports the bill and emphasises the need for community involvement in addressing domestic violence. Acknowledges progress is needed on crisis housing and awareness programs.

As members of parliament we must stand up for women, but not just women because it is not just women who are victims of domestic violence. It is children; we must protect our kids.2023-02-22View Hansard
3.46 pmMr KRAUSESupports

Supported the bill while reflecting on the journey since the 2014 Not now, not ever review, raised concerns about evidentiary requirements, police resourcing needs, and called for periodic review of the reforms.

We support the bill and the process that has been ongoing for several years now.2023-02-21View Hansard
12.54 pmMs LAUGASupports

Supports the bill and acknowledges victims of domestic violence in her community. Emphasises the bill's reforms to protect victims through the protected witness scheme and jury directions.

This is an historic day for Queenslanders, it is an historic day for victim-survivors and I commend the bill to the House.2023-02-22View Hansard
3.56 pmHon. LM ENOCHSupports

As a victim-survivor of coercive control, spoke personally about her experience and emphasised the importance of the bill for First Nations peoples who are over-represented in DV cases.

Your world becomes very small when you are the victim of coercive control. Every part of your life is under control, whether it is the 17 phone calls a day that you get, the asking where you are every minute, who you are talking to, what are you wearing—all of these things.2023-02-21View Hansard
2.11 pmMr LASTSupports

Will not oppose the bill as a former police officer who has seen the effects of domestic violence firsthand. Emphasises the need for adequate resourcing, particularly in rural and regional areas.

Addressing coercive control was about implementing a full and proper response to domestic and family violence and for that reason I will not be opposing this bill.2023-02-22View Hansard
4.05 pmMs BATESSupports

Supported the bill while urging more government action and resources, shared her personal experience as a victim of family violence, and called for Tara's law to enable disclosure of previous offending.

Seven years ago, I told my story in this place. I was the middle daughter in a family of three living under the shadow of violence—sworn to secrecy, making up stories to explain the bruises and hiding the carving knife.2023-02-21View Hansard
2.19 pmMrs McMAHONSupports

Strongly supports the bill, drawing on her experience as a former police officer. Emphasises that domestic violence is a gendered problem backed by evidence and statistics.

This issue starts with disrespect and it starts early. It starts with the belief that women are lesser beings and, sadly, in this regard our national community attitudes surveys still show an alarming trend amongst younger Australians.2023-02-22View Hansard
4.15 pmHon. DE FARMERSupports

Praised the historic nature of the bill and the government's long track record on DV reform, acknowledged the Clarke family's advocacy, and criticised opposition contributions as not letting facts get in the way.

This government committed to doing it properly, and that is what is happening right now. It is why this bill is a precursor to the actual legislation making coercive control an offence.2023-02-21View Hansard
2.40 pmMrs GILBERTSupports

Supports the bill as part of the government's commitment to prevent domestic violence. Shares stories of women affected and commemorates Shandee Blackburn who was murdered in her community.

I have a wish and that is that I never need to get another email alerting me to a red rose rally to remember the life of a woman or child taken due to domestic violence. This must stop.2023-02-22View Hansard
4.25 pmMr LANGBROEKSupports

Supported the bill while defending the opposition's right to question the pace of reform, raised concerns about over-representation of First Nations people in the DV system and the risk of misidentification as perpetrators.

The opposition supports actions to keep women and children safe. However, Queenslanders need more than announcements to see such meaningful change happen.2023-02-21View Hansard
2.47 pmMr MICKELBERGSupports

Supports the bill but criticises the government for being too slow to implement the nearly 400 recommendations made since 2015. Notes the legislation is an improvement on the existing situation.

In conclusion, the LNP will be supporting this legislation because it will improve things for the victims of domestic and family violence, but progress has been too slow.2023-02-22View Hansard
4.34 pmHon. MT RYANSupports

As Police Minister, outlined police training initiatives and resourcing commitments including the $100 million reform package and additional DFV support workers in police stations.

Under the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill, the wording of the offence 'unlawful stalking' will be broadened to include the terms 'intimidation, harassment or abuse'. Doing so will allow members of the Queensland Police Service to more easily charge and prosecute offenders who engage in predatory behaviours.2023-02-21View Hansard
2.55 pmMs McMILLANSupports

Strongly supports the bill, sharing a personal story of a coercive control victim. Emphasises the importance of Respectful Relationships education and updating outdated terminology in the Criminal Code.

Coercive control is insidious. I am lucky to stand here and say I have not been a victim of it, but not many can say that. Anything we can do to bring this out into the public light to address it, to make sure that it is taken into account and to stop this from harming women is a step in the right direction.2023-02-22View Hansard
4.42 pmMr DAMETTOSupports

Confirmed KAP support while emphasising that the legislation should protect all genders equally, citing statistics showing male victims of DV, and called for specifically trained DV police officers.

From the outset I will say that the KAP will support the passing of this important legislation through the House.2023-02-21View Hansard
3.21 pmMr JANETZKISupports

Supports the bill and acknowledges LNP's leadership on domestic violence issues including the Not now, not ever report. Highlights the case of Zae Sherlock-Caldwell who died by suicide after cyberstalking.

The opposition will be supporting the bill. There is so much more still to do. We will be standing ready to advocate for women, for children and for families into the future.2023-02-22View Hansard
4.50 pmMr McCALLUMSupports

Supported the bill as continuing the government's commitment to preventing DFV, explained how the amendments will modernise the legislative framework including capturing technology-facilitated abuse and doxxing.

Coercive control is a pattern of behaviour that can create a climate of fear, isolation, intimidation and humiliation that robs the victim of their identity, independence and ability to seek help. Coercive control deliberately isolates and disempowers. It is awful.2023-02-21View Hansard
3.28 pmMr SMITHSupports

Supports the bill and acknowledges community organisations in Bundaberg working on domestic violence. Emphasises the importance of community ownership in ending coercive control and domestic violence.

Domestic and family violence and coercive control is a community issue. It is a community issue because it is in all of our communities. It is in all of our neighbourhoods. It is on our streets. It is something that our communities need to own when we talk about ending coercive control and domestic and family violence.2023-02-22View Hansard
4.59 pmMr POWELLSupports

Supported the bill, shared that a constituent had recently raised coercive control concerns with him, and called for proper measurement and evaluation of the reforms' effectiveness.

The fact that it is happening is important. The fact that it is happening is changing lives. The fact that it is happening is saving lives.2023-02-21View Hansard
3.38 pmMr KATTERSupports

Supports the bill while arguing that male victims should not be forgotten in the debate. Expresses concern about social media companies' responsibility in preventing content that leads to domestic violence.

We sit here time and time again addressing these issues for females as they require it—and that is a good thing—but I want to hear more conversation and as much energy or emotion around the men who fall victim to these circumstances as well.2023-02-22View Hansard
5.10 pmHon. ML FURNERSupports

Spoke emotionally about his daughter's experience with coercive control and his work as a white ribbon ambassador, praised the bipartisan support for the bill.

I hope no-one ever has to go through that, because you have a situation where you grapple day-to-day with love and care for your families and you would never want to see that experienced by anyone else ever again.2023-02-21View Hansard
3.44 pmHon. LM LINARDSupports

Supports the bill as Minister for Children and Youth Justice, highlighting amendments to the Youth Justice Act for child offenders who are victims of domestic violence. Praises local domestic violence services.

Coercive control in intimate relationships has been very widespread, and successfully hiding in plain sight, for much too long. We urgently need to bring it to light and seriously address it community-wide.2023-02-22View Hansard
5.19 pmMr McDONALDSupports

As a former police officer, supported the bill while emphasising the need for more police resources and simpler policies, praised local DV support services.

I can finally say thank you on behalf of all of the victims who have suffered coercive control because at least this is progressing and we have finally got to this point.2023-02-21View Hansard
3.58 pmMs PUGHSupports

Strongly supports the bill, sharing a personal experience helping a friend escape a stalker who used technology to track her. Emphasises the importance of addressing technology-facilitated stalking.

I am so proud to be part of a parliament that is making this change.2023-02-22View Hansard
4.07 pmMs LUISupports

Supports the bill, drawing on her experience working with women and children experiencing domestic violence and homelessness. Shares a victim's story about love bombing and coercive control.

The more we talk about it, the more the message gets out there and we save lives. We educate the ones who do not really have a good understanding of the challenges faced by people in that situation.2023-02-22View Hansard
4.16 pmMs BOYDSupports

Supports the bill as laying groundwork for the coercive control offence. Emphasises the importance of updating outdated terminology that normalises child sexual abuse.

We know that when we talk about breaking the silence we need to do that by and through the law. Long gone are the days when women are considered a man's property under the law.2023-02-22View Hansard
4.20 pmMs KINGSupports

Supports the bill and remembers Janet Guthrie, a First Nations woman killed in domestic violence in her electorate. Highlights the government's work since 2015 and criticises LNP's previous cuts to domestic violence services.

The Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022 takes even more important steps towards protecting Queenslanders from domestic and family violence and holding perpetrators accountable.2023-02-22View Hansard
4.29 pmMr POWERSupports

Supports the bill, sharing the tragedy of Doreen Langham who was killed in domestic violence in his electorate. Presents statistics showing 95% of those convicted of murdering intimate partners are men.

I am brave enough to stand up to that stark and terrible fact and realise that we need to address it.2023-02-22View Hansard
4.32 pmMs RICHARDSSupports

Supports the bill and thanks local domestic violence organisations in the Redlands. Notes International Women's Week as an appropriate time to debate this legislation.

I am proud to support these reforms. I am proud to support the mission to protect and empower victims of domestic violence.2023-02-22View Hansard
In Detail22 Feb 2023View Hansard
Amendment

That the amendment be agreed to

Passed49 ayes – 31 noes2023-02-22

The motion passed.

Show individual votes

Ayes (49)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (31)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

That the motion, as amended, be agreed to

Passed50 ayes – 31 noes2023-02-22

The motion passed.

Show individual votes

Ayes (50)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (31)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Third Reading22 Feb 2023View Hansard
Became Act 1 of 202328 Feb 2023
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill implements the Women's Safety and Justice Taskforce's recommendations to combat coercive control in domestic and family violence situations. It modernises stalking laws to cover technology-facilitated abuse, requires courts to identify the person most in need of protection in disputed cases, and improves how evidence of domestic violence patterns is recognised in criminal proceedings.

Who it affects

Primarily benefits domestic violence victims through stronger legal protections and stops perpetrators from misusing the system against their victims. Also affects offenders who are themselves victims of domestic violence, who now have this treated as a mitigating factor in sentencing.

Coercive control and domestic violence definitions

The definition of domestic violence now explicitly includes patterns of behaviour occurring over time, shifting focus from single incidents to cumulative abuse. Courts must consider the relationship as a whole when assessing domestic violence claims.

  • Domestic violence definition amended to include 'pattern of behaviour'
  • Emotional, psychological and economic abuse definitions expanded similarly
  • Courts must consider behaviour cumulatively, not just individual incidents

Technology-facilitated stalking and harassment

The stalking offence is renamed and modernised to capture how abusers use technology to control victims, including tracking, surveillance, monitoring accounts, and publishing personal information online (doxing).

  • Offence renamed to 'unlawful stalking, intimidation, harassment or abuse'
  • New conduct captured: tracking via devices, monitoring social media, reading messages, doxing
  • Higher penalty (7 years) when stalking occurs in a domestic relationship
  • Restraining order breach penalties increased to match domestic violence order breach penalties

Cross-application reforms

Courts must now identify the person most in need of protection when both parties apply for domestic violence orders against each other, preventing perpetrators from misusing the system to further control victims.

  • Courts must identify who is 'most in need of protection' in the relationship
  • Only one protection order should be made except in exceptional circumstances
  • Legislative guidance on determining who is most in need of protection
  • Courts can award costs against parties who misuse proceedings as a form of abuse (systems abuse)

Criminal and domestic violence history disclosure

Police must now provide courts with respondents' full criminal and domestic violence histories when deciding protection order applications, helping courts properly assess risk to victims.

  • Police must file criminal and domestic violence histories with protection order applications
  • Courts must consider this history when making protection orders
  • Courts can restrict access to sensitive parts of the history where not relevant
  • Criminal prosecution must also disclose domestic violence history to accused

Evidence and court process improvements

The bill expands who counts as a protected witness in domestic violence cases, allows expert evidence about domestic violence dynamics, and enables judges to give juries directions that counter misconceptions about victims' behaviour.

  • Unrepresented defendants cannot directly cross-examine domestic violence complainants
  • Evidence of domestic violence history now admissible for all offences (not just assault/homicide)
  • Expert evidence about domestic violence effects explicitly permitted
  • Judges can direct juries about common misconceptions (e.g. why victims stay)
  • Substituted service permitted when respondents deliberately avoid being served

Sentencing for offenders who are DV victims

Courts must treat domestic violence victimisation as a mitigating factor when sentencing offenders, recognising the documented link between experiencing abuse and committing offences.

  • Effect of domestic violence on offender must be treated as mitigating factor
  • Applies to both adult offenders and children
  • For children, exposure to domestic violence (not just being a victim) is included
  • Courts can consider domestic violence order history when determining character

Sexual offence terminology

Outdated legal terminology in sexual offence laws is modernised without changing the substance of the offences.

  • Term 'carnal knowledge' replaced with 'penile intercourse' throughout Criminal Code
  • Offence 'maintaining a sexual relationship with a child' renamed to 'repeated sexual conduct with a child'

Other administrative reforms

Miscellaneous amendments to coronial appointments, affidavit requirements, and telecommunications interception oversight.

  • State Coroner and Deputy State Coroner can be reappointed without term limits
  • Minor affidavit errors no longer invalidate documents under Oaths Act
  • Public Interest Monitor's role extended to international telecommunications production orders