Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill makes coercive control a criminal offence in Queensland and introduces an affirmative model of consent for sexual offences. It implements recommendations from the Women's Safety and Justice Taskforce and other inquiries to strengthen protections for victim-survivors of domestic, family and sexual violence across the criminal justice system.
Who it affects
Victim-survivors of domestic violence and sexual offences gain major new protections. Perpetrators of coercive control face up to 14 years imprisonment. Women and Aboriginal and Torres Strait Islander people benefit from reformed bail and sentencing laws that consider caregiving responsibilities, abuse history, and systemic disadvantage.
Key changes
- Coercive control is now a criminal offence carrying up to 14 years imprisonment, targeting patterns of abusive behaviour in domestic relationships including isolation, financial control and surveillance
- Consent for sexual offences is redefined as 'free and voluntary agreement' — silence or lack of resistance does not mean consent, and stealthing (non-consensual condom removal or tampering) is specifically criminalised
- A person must say or do something to check the other person consents before they can claim a mistaken belief in consent as a defence
- A new court-based diversion scheme allows first-time DFV offenders to complete behavioural change programs instead of being convicted
- Bail and sentencing decisions must now consider the impact on the offender's dependants and caregiving responsibilities, and courts must consider an Aboriginal or Torres Strait Islander person's experience of systemic disadvantage and intergenerational trauma
- New jury directions combat myths about sexual violence, including that people who do not resist or who delay in complaining are less credible
- It is now an offence for third parties to commit domestic violence on behalf of a perpetrator, with higher penalties if they are paid to do so
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee11 Oct 2023View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the bill over approximately three months, receiving submissions and holding hearings on wide-ranging reforms to criminal law covering coercive control, affirmative consent, protection orders, and complainant privacy. The committee recommended the bill be passed and made five additional recommendations focused on community education, review of consent provisions relating to disease transmission, post-implementation reviews, evaluation of the perpetrator diversion scheme, and cultural consultation requirements for publishing information about deceased First Nations complainants. The Queensland Government supported all six recommendations, either fully or in principle.
Key findings (5)
- The committee found broad support for the bill's reforms, which implement recommendations from the Women's Safety and Justice Taskforce 'Hear her voice' reports
- Stakeholders raised concerns about the consent provision relating to transmission of serious diseases, prompting the committee to recommend a government review of that provision
- The Queensland Law Society raised concerns about the coercive control offence not requiring specific intent at the time of each alleged act, and warned of unprecedented evidentiary challenges
- The committee identified the need for a comprehensive, culturally sensitive education campaign to support the reforms, particularly regarding technology-facilitated abuse
- The committee recommended post-implementation reviews at 24 months and five years, along with mandatory data collection to monitor unintended consequences
Recommendations (6)
- The committee recommends the bill be passed.
- The committee recommends the Queensland Government, in collaboration with relevant departments, peak bodies, and First Nations and multicultural organisations, develop and implement an age-appropriate, culturally sensitive education campaign to support the reforms, including awareness of technology-facilitated abuse and digital literacy.
- The committee recommends that the Queensland Government review the Criminal Code provisions relating to consent and the transmission of serious diseases, and consider removing the disease transmission provision pending that review.
- The committee recommends the Queensland Government conduct reviews of the proposed amendments within 24 months and again within five years of implementation, with formal opportunities for victim-survivors and stakeholders to provide input, and consider mandatory data collection and reporting requirements for the new offences.
- The committee recommends the Queensland Government conduct a review of the perpetrator diversion scheme within 24 months of implementation, examining eligibility criteria, availability across Queensland, and cultural safety for First Nations people and culturally and linguistically diverse Queenslanders.
- The committee recommends the Queensland Government consider amending section 103ZZN(3) to require publishing entities to consult with relevant First Nations organisations before publishing identifying details about a deceased complainant of Aboriginal or Torres Strait Islander descent.
Committee report tabled
▸Second Reading6 Mar 2024View Hansard
▸35 members spoke26 support1 oppose8 mixed
Spoke in favour of the affirmative consent reforms, emphasising that young people have long been asking for clearer guidance on consent and that the law now provides this.
“My message to our young people right across Queensland is that we do now have the answer and the strategy is the law of this state.”— 2024-03-06View Hansard
As Minister for Women, moved the second reading and outlined the bill's creation of a new coercive control offence carrying 14 years imprisonment and an affirmative consent model, implementing the Women's Safety and Justice Taskforce recommendations.
“The Miles government is committed to ending all forms of domestic, family and sexual violence in Queensland, and these bills are critical milestones towards achieving this goal.”— 2024-03-05View Hansard
Stated the opposition will not oppose the bill but holds reservations about its drafting, particularly regarding the burden of proof, potential for unsafe convictions, and the lack of provision for culturally vulnerable migrant and refugee women.
“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
Stated the LNP would not oppose either bill but raised significant concerns about the drafting of the coercive control offence, the lack of particularisation, departure from the Scottish model, insufficient consultation (14 days instead of recommended 3 months), and opposed the sentencing provisions regarding Aboriginal and Torres Strait Islander systemic disadvantage.
“That is still our position. We will be supporting these laws, but I must say that the evidence that this will result in a better system is thin on the ground.”— 2024-03-05View Hansard
Strongly supported making coercive control a standalone offence and introducing affirmative consent, emphasising that coercive control is a feature of almost every relationship that ends in a domestic violence murder.
“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
As committee chair, strongly endorsed the bill as delivering deep structural reform to how the criminal justice system responds to coercive control and consent, emphasising the need to change the experience of women and girls in the justice system.
“It is not enough to call out the behaviour, draw attention to the statistics or have an awareness campaign. We have been there and done that but nothing changed.”— 2024-03-05View Hansard
Supported the reforms as essential, particularly the coercive control offence and affirmative consent, but raised concerns about police resourcing, the rushed 14-day consultation period, and foreshadowed amendments to remove sentencing provisions relating to systemic disadvantage.
“Overall, these changes are another step in the right direction. They are important to women and they are important to young Queenslanders. We need to make sure that they are implemented correctly and will do what they are intended to do.”— 2024-03-06View Hansard
Spoke from a regional and remote perspective, highlighting the additional barriers women face in escaping domestic violence in remote communities including disconnection from family and social networks.
“When you leave you do not just leave the violence; you leave behind your home, work, family and social network.”— 2024-03-06View Hansard
As a domestic violence survivor, strongly supported criminalising coercive control but expressed significant concerns about the government's ability to implement the offence effectively without adequate training, education and resourcing of frontline services.
“This offence will only be as useful as this government makes it. Without the right training and education, it could likely lead to unjust outcomes and unintended consequences.”— 2024-03-05View Hansard
As a committee member, outlined the committee's recommendations and explained the affirmative consent provisions, expressing strong support for both bills as strengthening Queensland's legal framework.
“Both of these bills unquestionably strengthen our legal framework and make Queensland safer.”— 2024-03-05View Hansard
Supported the bill but raised concerns about the committee process, the consent provision regarding serious disease transmission which stakeholders said criminalises public health issues, and the need for police and court resourcing.
“The issues in this bill are complex. The committee inquiry could have provided a review of the issues from a broad range of viewpoints to get to a consensus, yet it appears to have been a rushed process.”— 2024-03-06View Hansard
Supported the intent to criminalise coercive control but criticised the government for being too slow to act on 400 recommendations since 2015, rushed consultation of only 14 days, and concerns that drafting flaws could produce unjust outcomes.
“While there are major deficits in drafting and challenges to common law principles, I concur with the committee's recommendations to make improvements where possible.”— 2024-03-05View Hansard
Supported the bills as important for community safety, acknowledged Vicki and Shannah Blackburn's advocacy following Shandee's murder, and welcomed provisions making it an offence for third parties to commit domestic violence on behalf of perpetrators.
“I am glad that this bill will address that behaviour.”— 2024-03-06View Hansard
Spoke of his personal experience seeing his daughter affected by coercive control and of male supervisors bullying female workers, calling on all men to stand up against domestic and family violence.
“A man does not conduct violence against women. A man does not abuse someone's privacy to look at their phones or to tell them what to wear out in public. A man does not do these things.”— 2024-03-06View Hansard
Spoke powerfully about the murder of her sister Jacinta through domestic violence and how the bill's coercive control offence would have captured the pattern of behaviour she witnessed but could not act on under previous laws.
“If you ask any copper from 20 years ago—10 years ago even—the response would be, 'Until someone has laid a hand on you, there's nothing we can do.' This bill ... will capture that pattern of behaviour that is, by definition, coercive control and it will recognise that as a crime in and of itself.”— 2024-03-05View Hansard
As a former police officer, supported the bills as essential for assisting police and victims in navigating the court process, but noted the government missed the opportunity to implement 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
Supported criminalising coercive control but criticised the government for taking too long to act (having refused to debate an LNP bill in 2020), rushing consultation to 14 days instead of the recommended 3 months, and opposed the sentencing provisions based on race.
“Not only did this government fail to act when it should have; it rushed consultation on the bill.”— 2024-03-05View Hansard
Supported the bill's intent but raised concerns about ambiguity in consent provisions when both parties are affected by alcohol, the gender focus of the reforms, and the need for police to be properly resourced to prosecute coercive control.
“We want to make sure our police are well resourced. Like I said, if you do not have the right evidence to prosecute, you do not have enough evidence to see a conviction.”— 2024-03-06View Hansard
Spoke in support of the bill, emphasising the importance of the affirmative consent model changing the mindset from 'she didn't say no' to requiring free and voluntary agreement.
“Something given can still be taken—something given can still be taken by force, by coercion, by intimidation and by threats. That is why it is important that those who may disagree with an affirmative consent model realise that the mindset of 'Well, she didn't say "no"' is not an acceptable excuse.”— 2024-03-05View Hansard
Supported the intent to criminalise coercive control but warned the government had rushed the bill with only 14 days consultation, citing the Queensland Law Society's warning that the offence would produce unjust outcomes and protracted trials that would retraumatise victims.
“I fear that, if this law is flawed, it will result in huge trauma for victims because it is not framed correctly.”— 2024-03-05View Hansard
As Minister for Health and Women, delivered the reply speech defending the consultation process, detailing over $100 million in government investment to support the reforms, and reaffirming the government's commitment to recentring 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
Spoke about the community gathering in Hannah's Place to honour Hannah Clarke's memory and supported the bill as recommended by the Women's Safety and Justice Taskforce.
“I support the laws in this bill because they have been recommended by the Women's Safety and Justice Taskforce, a body that Sue and Lloyd Clarke made several presentations to and have been very supportive of.”— 2024-03-05View Hansard
Drew on personal experience as a regional lawyer assisting DV victims to support criminalising coercive control, but criticised the government for rejecting an LNP coercive control bill in 2020 and for the DNA lab debacle.
“Then in 2020 I stood in this House and demanded changes to coercive control legislation. What was I met with? I was met with ridicule and silence.”— 2024-03-05View Hansard
Supported the bill as delivering on the government's 2020 election promise to criminalise coercive control, highlighting the work of the Domestic Violence Action Centre in Ipswich.
“Legislating against coercive control is an important step in recognising the seriousness of this offence and improving safety for victims.”— 2024-03-05View Hansard
Spoke of meeting victim-survivors from Central Queensland and supported the bill as landmark legislation implementing the government's response to the Women's Safety and Justice Taskforce.
“I am so incredibly proud to be part of a Queensland Labor government which has introduced this landmark legislation to parliament for a new standalone offence of coercive control.”— 2024-03-05View Hansard
Drawing on experience as a former QPS first responder and senior project officer for DV, supported the coercive control offence and affirmative consent model as the next major cultural shift in DV legislation.
“The fact that we have to do this is extremely disappointing in what should be a modern-day society.”— 2024-03-05View Hansard
Supported criminalising coercive control but expressed concerns about drafting errors, workability of provisions, and opposed the sentencing provisions that differentiate penalties based on race.
“I support measures to make coercive control a criminal offence because coercive control is abuse and it is abuse that far too frequently results in physical harm to the victims as well.”— 2024-03-05View Hansard
Spoke passionately in support of the stealthing provisions, affirmative consent model, and coercive control offence, drawing on constituent experiences and her own understanding of consent.
“If anybody who is engaging in intimate relations has any doubt as to whether the person they are with is consenting, they have two options: they can ask if they are consenting; and if they are not willing to ask, they should just feel free to assume that they are not consenting.”— 2024-03-05View Hansard
Opposed the affirmative consent and coercive control provisions, arguing they criminalise ordinary behaviour, reverse the presumption of innocence, create a culture of fear, and risk being weaponised against males through false accusations.
“At the end of the day, affirmative consent and coercive control sections of this legislation risk criminalising ordinary behaviour.”— 2024-03-05View Hansard
As former Minister for the Prevention of DFV, strongly supported the bill and commended the careful process taken since Hannah Clarke's murder to ensure the legislation would achieve successful convictions.
“This bill means a lot to everybody in this House for various reasons.”— 2024-03-05View Hansard
As shadow minister for education, supported criminalising coercive control but emphasised the need for a well-resourced community education campaign, particularly through schools, to support the reforms.
“Such a substantive change to the Criminal Code deserves a well-resourced and appropriate community education campaign.”— 2024-03-05View Hansard
As Minister for Child Safety, supported the bill highlighting the intersection of DFV with her portfolio areas including child protection, elder abuse, disability, and multicultural communities.
“I am really pleased to see the amendments to an affirmative model of consent. As the mother of teenage girls, I saw it as my responsibility to educate my daughters early around the issue of consent.”— 2024-03-05View Hansard
Supported both bills, emphasising the need for cultural change through laws, education and enforcement working together, and drawing on feedback from police in her electorate about the dramatic increase in DFV reporting.
“You have to have the laws. You have to be able to apply the laws. You have to be able to educate people about the laws. Hence you can then change behaviour.”— 2024-03-05View Hansard
Supported the bill but raised concerns about increased criminalisation, misidentification of victims, and the need for investment in root causes of violence rather than relying solely on police responses, echoing concerns from Aboriginal legal services and Sisters Inside.
“We cannot simply handcuff our way out of domestic violence. We need to encourage broader investment in tackling the root causes of crime such as social disconnection, poverty, housing insecurity and addiction.”— 2024-03-05View Hansard
As Assistant Minister for Education, endorsed the criminalisation of coercive control and the affirmative consent model, drawing on experience as a former educator witnessing DFV's impact on students.
“As a former educator and school leader, I have witnessed firsthand how domestic and family violence can affect a student's wellbeing.”— 2024-03-05View Hansard
▸In Detail
Government amendment to insert new clause 10A amending section 227A of the Criminal Code to update the definition of consent in the 'observations or recordings in breach of privacy' offence to mean 'free and voluntary agreement by a person with the cognitive capacity to make the agreement', consistent with the bill's new affirmative consent model.
Government amendments 2-3 to clause 22, making technical corrections to the amendment of section 552B regarding charges of indictable offences that must be heard summarily.
Government amendment 4 to clause 57, technical correction inserting new division 14A for transitional provisions relating to the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2023.
Government amendments 5-6 to clause 59, technical corrections to subsection numbering references in new part 6B.
Government amendments 7-13 to clauses 60, 64, 66, 70, and 73, all technical corrections updating references from 'division 14' to 'division 14A'.
Government amendments 10-11 to clause 69, inserting a new paragraph allowing the court to have regard to any cultural considerations relevant to the applicant or complainant in the perpetrator diversion scheme.
Opposition amendment to clause 83 to remove the government's proposed addition to sentencing guidelines in the Penalties and Sentences Act that would require courts to consider the effect of systemic disadvantage and intergenerational trauma on Aboriginal and Torres Strait Islander offenders.
Expressed full support for the coercive control and consent reforms but moved an amendment to remove clause 83, which would have required courts to consider systemic disadvantage and intergenerational trauma when sentencing Aboriginal and Torres Strait Islander offenders, arguing it presupposes culpability based on race.
“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