Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Safety Committee
▸12 members spoke7 support5 mixed
Strongly supports the bill as landmark reform protecting women from coercive control and establishing affirmative consent, emphasising the government has listened to stakeholders, experts and victim-survivors.
“This bill is changing the way we think about consent and changing how the criminal justice system responds to coercive control. Above all, this bill is about protecting and restoring justice for the women and girls who have been let down by this system time and time again.”— 2024-03-06View Hansard
Will not oppose the bill but holds reservations about its current wording, expressing concerns about burden of proof, potential for unsafe convictions, and the need for adequate community education before implementation.
“The opposition will not oppose the bill, but we hold reservations about its current wording as it fails to adequately address the concerns raised by various stakeholders and risks introducing uncertainty into Queensland's legal system.”— 2024-03-06View Hansard
Strongly supports the bill as delivering on the government's 2020 commitment to make coercive control a standalone offence and introduce affirmative consent, emphasising it recentres women's voices in the criminal justice system.
“Coercive control is a feature of almost every relationship that ends in a domestic and family violence murder, and for some victims of coercive control the first episode of physical violence that they experience is the episode that steals their life.”— 2024-03-06View Hansard
Acknowledges the intent of the bill is right and reforms are essential, but raises concerns about the rushed 14-day consultation period, police resourcing, and supports amendments to remove sentencing provisions based on race.
“We want these measures to work. These tragedies and horrific violence cannot continue. The intent in the bill is right but we have issues with how the state government has gone about it.”— 2024-03-06View Hansard
Supports the bill as another measure to ensure women's safety, highlighting the particular challenges faced by women escaping domestic violence in regional and remote areas and the need for perpetrator accountability.
“I am proud to represent a government that is committed to strengthening laws to enforce stronger measures to protect those experiencing domestic and family violence.”— 2024-03-06View Hansard
Acknowledges the bill's importance but raises concerns about serious trade-offs in the legislation, criticising the committee for making only one minor recommendation despite significant stakeholder concerns.
“There are some serious trade-offs here. There are half a dozen equally serious issues in the report. Despite this, the committee made only one recommendation—to amend a very minor administrative provision.”— 2024-03-06View Hansard
Supports the bills as important for community safety, acknowledging victim-survivors and their families who advocated for these changes, and emphasising the government's commitment to stamping out domestic and family violence.
“We want to make sure that coercive control and the pattern of behaviour that is used to isolate, intimidate and humiliate women is stamped out of our community.”— 2024-03-06View Hansard
Strongly supports the bills, drawing on his personal experience with domestic violence affecting his own daughter and his work as a White Ribbon ambassador since 2008, calling on all men to speak out against domestic and family violence.
“The conduct you walk past is the conduct you accept and condone. I call on all men in this House, in our state and in our workplaces to stand up and speak out against domestic and family violence and, in particular, coercive control.”— 2024-03-06View Hansard
Supports the bill as a former police officer who has supported domestic violence victims, noting any laws that assist police and victims navigating the court process will have his support, though criticises missed opportunities to include more recommendations from A call for change.
“Any laws that come to this House that assist police and victims in navigating the court process I will support every day of the week and likewise these bills today.”— 2024-03-06View Hansard
Acknowledges the legislation is well-intended and will make things better for victims of coercive control, but raises concerns about the gender focus and insufficient acknowledgment of male victims, as well as police resourcing needs for effective prosecution.
“There is no doubt that this legislation is well-intended, but we are concerned there is a real gender focus on fixing men in particular across Queensland when it comes to domestic violence.”— 2024-03-06View Hansard
As Minister, delivered the reply speech strongly supporting both bills, defending the extensive consultation process, outlining significant government investment in implementation, and emphasising the bill recentres victims' voices in the criminal justice system.
“I want to say to this House and to the community that these cuts are now criminal, and we reaffirm our commitment to providing a safe way out.”— 2024-03-06View Hansard
Supports the overall bill and the changes addressing domestic violence, but moved an amendment to remove sentencing provisions relating to systemic disadvantage and intergenerational trauma for Aboriginal and Torres Strait Islander offenders, citing High Court precedent against race-based sentencing.
“To accept that Aboriginal offenders are in general less responsible for their actions than other persons would be to deny Aboriginal people their full measure of human dignity.”— 2024-03-06View Hansard
Plain English Summary
Overview
This bill implements major reforms to Queensland's laws on domestic and family violence and sexual violence, following recommendations from the Women's Safety and Justice Taskforce. It creates a new criminal offence of coercive control (carrying up to 14 years imprisonment), introduces affirmative consent laws requiring active agreement to sexual activity, specifically criminalises 'stealthing', and establishes a diversion scheme for first-time DVO offenders.
Who it affects
Victim-survivors of domestic and sexual violence gain stronger legal protections and improved court experiences. Perpetrators of coercive control face serious criminal penalties. Courts, police and legal practitioners must apply new consent frameworks and jury directions.
Key changes
- New criminal offence of coercive control with up to 14 years imprisonment for patterns of domestic violence behaviour intended to control another person
- Affirmative consent model requiring 'free and voluntary agreement' to sexual activity - a belief in consent is not reasonable unless the defendant said or did something to check
- 'Stealthing' (non-consensual condom removal or tampering) now explicitly a sexual offence
- Mandatory jury directions to address rape myths and misconceptions about how victims behave
- Court-based diversion scheme allowing first-time DVO breach offenders to complete behaviour change programs
- New offence for third parties who commit DFV on behalf of a protection order respondent (up to 5 years imprisonment if for reward)
- Courts must consider caregiving responsibilities in bail and sentencing decisions regardless of 'exceptional circumstances'
- Sexual violence victims can now consent to being publicly identified; new complainant privacy orders for deceased victims
- New aggravating factors for DFV offences committed against children or that expose children to domestic violence
- Aboriginal and Torres Strait Islander offenders - courts must consider cultural factors, systemic disadvantage and intergenerational trauma