Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill strengthens Queensland's domestic and family violence laws by implementing key recommendations from the Women's Safety and Justice Taskforce. It recognises coercive control as a pattern of behaviour, modernises the stalking offence to cover technology-facilitated abuse, reforms court processes for competing protection order applications, and expands evidence rules so courts and juries better understand domestic violence dynamics. It also updates outdated sexual offence terminology and makes unrelated changes to the Coroners Act, Oaths Act, and Telecommunications Interception Act.
Who it affects
Primarily affects victims and perpetrators of domestic and family violence. Victims gain stronger protections through recognition of coercive control patterns, expanded protected witness status, and courts receiving a respondent's full criminal and DV history. Perpetrators face modernised stalking offences with higher penalties, longer restraining orders, and greater scrutiny of their history.
Combating coercive control and domestic violence
The bill redefines domestic violence to explicitly include patterns of behaviour rather than just individual incidents. It modernises the stalking offence to capture digital surveillance, tracking, online harassment and doxing, with a new maximum penalty of 7 years imprisonment where a domestic relationship exists. Courts must now identify the person most in need of protection when both parties seek orders against each other.
- Domestic violence definition expanded to include 'a pattern of behaviour' considered cumulatively over time
- Stalking offence renamed and broadened to cover technology-facilitated abuse including tracking devices, monitoring digital accounts, and publishing personal information online (doxing)
- Maximum penalty for stalking in a domestic relationship increased to 7 years imprisonment
- Courts must identify who most needs protection in cross-applications and generally make only one order
- Police must provide respondent's criminal and domestic violence history to the court for protection order decisions
Evidence and court process reforms
The bill expands admissibility of domestic violence evidence to all criminal offences (previously limited to specific Criminal Code chapters). Expert evidence about the nature and effects of DFV is now explicitly admissible. New jury directions help address misconceptions about domestic violence, and victims cannot be directly cross-examined by unrepresented defendants.
- Evidence of domestic violence admissible in proceedings for any criminal offence, not just assaults and homicides
- Expert evidence on nature and effects of domestic violence explicitly admissible in criminal proceedings
- New jury directions address misconceptions such as why victims may stay in abusive relationships
- Protected witness scheme expanded so DFV victims cannot be cross-examined directly by unrepresented perpetrators
- Courts can award costs against people who misuse DFV proceedings as a form of systems abuse
Sentencing reforms for DFV victims
Courts must now treat domestic violence experienced by an offender as a mitigating factor when sentencing. This applies to adults and children, recognising that some offending is attributable to the effects of DFV. An offender's history of domestic violence orders can also be considered when assessing their character.
- Domestic violence experienced by an offender must be treated as a mitigating factor at sentencing
- For child offenders, exposure to domestic violence is also a mitigating factor with no exceptions
- An offender's history of domestic violence orders can be considered when determining character
Sexual offence terminology
The bill replaces the outdated term 'carnal knowledge' with 'penile intercourse' and renames the offence of 'maintaining a sexual relationship with a child' to 'repeated sexual conduct with a child'. These are terminology updates only that do not change the substance of the law.
- Term 'carnal knowledge' replaced with 'penile intercourse' throughout the Criminal Code
- Offence of 'maintaining a sexual relationship with a child' renamed to 'repeated sexual conduct with a child'
- Consequential terminology updates across 18 other Acts
Other amendments
Removes limits on re-appointment of the State Coroner and Deputy State Coroner. Fixes implementation issues with the Oaths Act so minor non-compliance does not invalidate affidavits. Enables the Public Interest Monitor to participate in international production order applications for telecommunications interception.
- State Coroner and Deputy State Coroner can be reappointed without limit on number of terms
- Minor non-compliance with affidavit requirements does not invalidate the document (retrospective from April 2022)
- Public Interest Monitor can now participate in international production order applications for telecommunications interception
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 Oct 2022 – 22 Feb 2023View Hansard
Referred to Legal Affairs and Safety Committee
▸Second Reading21 Feb 2023 – 22 Feb 2023View Hansard
▸40 members spoke40 support
Spoke in support as shadow minister, acknowledging domestic violence as a blight on society and supporting the bill's reforms to stalking offences, coercive control provisions and DV history disclosure requirements, while noting the need for adequate police resourcing.
“This is one step towards addressing that problem and we will not be opposing the bill.”— 2023-02-22View Hansard
As Attorney-General, moved the second reading and outlined the bill's implementation of recommendations from the Women's Safety and Justice Taskforce, including modernising the stalking offence and laying groundwork for a standalone coercive control offence.
“The bill amends the Criminal Code, the Domestic and Family Violence Protection Act 2012, the Evidence Act 1977, the Penalties and Sentences Act 1992 and the Youth Justice Act 1992 to implement the recommendations from the first report of the Women's Safety and Justice Taskforce, Hear her voice.”— 2023-02-21View Hansard
Spoke in support, responding to comments about gendered nature of domestic violence and defending the government's approach to the legislation.
“To be clear, nobody in this House is disputing the fact that there are men who are victims of domestic and family violence. Any victim should be protected.”— 2023-02-22View Hansard
Spoke in support of the bill's expanded definitions that will support further legislation to introduce a standalone coercive control offence, acknowledging the long wait for these reforms by victims of domestic and family violence.
“It contains amendments that have been long-awaited by many and, sadly, by far too many who have to live with domestic and family violence.”— 2023-02-21View Hansard
Supported the bill while criticising the government for being too slow and reactive, referencing the LNP's own 2017 bail reform work and the murder of Hannah Clarke and her children.
“We in this House have a duty to protect Queenslanders who have suffered and continue to suffer from any form of domestic violence.”— 2023-02-22View Hansard
Rose in support of the bill as a government member.
“I rise to speak in support of the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022.”— 2023-02-21View Hansard
Spoke in support of the bill from the government side.
Confirmed the LNP would support the legislation to protect Queenslanders while noting it was necessary to scrutinise the bill's implementation and the government's delay in acting on the Women's Safety and Justice Taskforce recommendations.
“The LNP will always support legislation to protect Queenslanders—and that is the intent of this bill—but it is necessary to scrutinise the bill.”— 2023-02-21View Hansard
Spoke in support of the bill from the government side.
Rose in support of the bill as a government member.
“I rise today to speak in support of the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022.”— 2023-02-21View Hansard
Supported the bill as a necessary early step to improve the justice system's response to domestic and family violence, while noting the measures will need to be monitored closely.
“The amendments brought forward in this bill as a result of the Hear her voice recommendations are a necessary early step to improve the justice system’s response to domestic and family violence.”— 2023-02-22View Hansard
Spoke in support of the bill from a gendered perspective, reflecting on how even the threat of domestic violence has shaped women's lives and welcoming the reforms.
“I also stand to support the coercive control bill. As a woman, I cannot help but reflect on this bill from a gendered perspective—from a woman's perspective and my own lived experience of how even the threat of domestic violence has shaped my life.”— 2023-02-21View Hansard
Spoke in support of the bill from the government side.
Confirmed the LNP is supporting the bill, reflecting on the work of the Women's Safety and Justice Taskforce in bringing forward recommendations.
“The LNP is supporting this bill. I would like to reflect on the work of the task force in bringing forward recommendations.”— 2023-02-21View Hansard
Spoke in support of the bill, sharing personal family experiences with domestic violence and advocating for stronger protections.
Spoke passionately about protecting vulnerable women and children, drawing on her commitment to this issue and the need for adequate support services to prosecute new offences.
“As this House knows, I am very passionate about protecting our community's most vulnerable, the women and children who suffer at the hands of those close to them, those whom they trusted as family.”— 2023-02-21View Hansard
Spoke in support of the bill from the government side.
Confirmed the opposition supports actions to keep women and children safe, while noting Queenslanders need more than announcements to see real change.
“The opposition supports actions to keep women and children safe. However, Queenslanders need more than announcements to see real change.”— 2023-02-21View Hansard
Supported the bill, drawing on experience as a former police officer and noting the LNP had made a similar commitment to address coercive control seven months before the government.
“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
Announced the KAP will support the passing of this legislation, noting both sides of the House support the bill and commending the Legal Affairs and Safety Committee's work.
“From the outset I will say that the KAP will support the passing of this important legislation through the House.”— 2023-02-21View Hansard
Spoke in support of the bill from the government side.
Rose in support of the bill as a government member.
“I rise to speak in support of the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022.”— 2023-02-21View Hansard
Spoke in support of the bill from the government side.
Added his support for all measures in the domestic violence space, stating they are incredibly important and saving lives.
“I certainly want to add my support for all measures in this space. I think they are incredibly important.”— 2023-02-21View Hansard
Supported the bill, acknowledging the campaign by families of DV victims including Lloyd and Sue Clarke, and the need to tackle the persistent challenge of domestic violence.
“Like every single Queenslander, I am sick and saddened to see the rate at which women and children are dying and suffering at the hands of violent and abusive family members and former partners.”— 2023-02-22View Hansard
Spoke with a heavy heart about domestic violence from his experience as a former police officer, supporting the reforms to combat coercive control.
“I rise to speak on the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill. I do so with a heavy heart, knowing the sadness that has happened across Queensland over many, many years.”— 2023-02-21View Hansard
Spoke in support of the bill from the government side.
Spoke in support of the bill from the government side.
Supported the bill while noting the LNP's own leadership on domestic violence issues, including the Not now, not ever report in 2015.
“I think it does the government a disservice when they fail to recognise the leadership that has been offered from time to time from this side of the House on these issues.”— 2023-02-22View Hansard
Spoke in support of the bill from the government side.
Supported the bill while advocating for more attention to male victims of domestic violence, noting empirical ABS data showing 44 of 105 DV fatalities were male.
“We are supportive of what the government is trying to do here in addressing a very real and serious issue in coercive control, but do not forget the men along the way.”— 2023-02-22View Hansard
Spoke in support of the bill from the government side.
Spoke in support of the bill from the government side.
Spoke in support of the bill from the government side.
Spoke in support of the bill from the government side.
Spoke in support of the bill from the government side.
Spoke in support of the bill from the government side.
Spoke in support of the bill from the government side.
Spoke in support of the bill from the government side.
As Attorney-General, delivered the reply to the second reading debate, thanking victim-survivors for their courage, defending the government's $1.3 billion investment in tackling violence against women since 2015, and moving a government amendment during consideration in detail.
“The Palaszczuk government has heard these victim-survivors and is privileged to progress this bill through the parliament as the first step towards criminalising coercive control.”— 2023-02-22View Hansard
▸In Detail22 Feb 2023View Hansard
Amendment to insert Part 7A amending the Public Guardian Act 2014 to allow community visitors to be employed on a permanent, temporary or casual basis, and on a full-time or part-time basis.
That the amendment be agreed to
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (31)
That the motion, as amended, be agreed to
The motion passed.