Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024
Plain English Summary
Overview
This bill implements the third tranche of legislative reforms recommended by the Women's Safety and Justice Taskforce, focusing on sexual violence and women and girls' experiences in Queensland's criminal justice system. It creates a new criminal offence to protect 16 and 17 year olds from sexual exploitation by adults in positions of authority, strengthens courtroom protections for victim-survivors, reforms evidence rules to make it easier to admit relevant past conduct in criminal trials, and extends non-contact orders from two to five years. The bill was passed with amendment.
Who it affects
Victim-survivors of sexual violence and domestic violence benefit from stronger courtroom protections and reformed evidence rules. Young people aged 16 and 17 gain new legal protection from sexual exploitation by adults in positions of trust such as teachers, coaches and employers.
Key changes
- New criminal offence for adults who commit sexual acts against 16 or 17 year olds under their care, supervision or authority, with penalties of up to 14 years imprisonment (or life for repeated conduct)
- Victim-survivors in sexual offence and domestic violence proceedings gain presumptive access to alternative arrangements such as screens and remote rooms when giving evidence
- Special witness evidence in sexual offence trials must be videorecorded for use in any retrial, reducing the need to give evidence multiple times
- Expert witnesses can now explain to juries the nature of sexual offences and why victims may behave in counterintuitive ways, such as delayed reporting
- Queensland's restrictive Pfennig test for similar fact evidence is replaced with the Uniform Evidence Law framework, making it easier to admit evidence of a defendant's past similar conduct
- Non-contact orders extended from two years to five years, with increased penalties for breach (up to 120 penalty units or three years imprisonment)
- Admissions made by remanded prisoners during rehabilitation programs cannot be used as evidence against them
- A mandatory review of all Taskforce reforms must occur five years after the last amendment commences
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee21 May 2024View Hansard
Referred to Community Safety and Legal Affairs Committee
The Community Support and Services Committee examined the Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024, which implements recommendations from the Women's Safety and Justice Taskforce. The committee recommended the bill be passed, while making three further recommendations addressing law enforcement guidelines for new offence provisions, review of listed persons under proposed section 210A(3), and development of trauma-informed guidance for Aboriginal and Torres Strait Islander peoples in the justice system. The Queensland Government supported all recommendations, noting it intended to move amendments to clarify and narrow certain provisions in response to stakeholder feedback.
Key findings (5)
- The bill implements recommendations from the Women's Safety and Justice Taskforce's Hear her voice reports, introducing new sexual offence provisions and reforms to court processes for victim-survivors.
- Stakeholders raised concerns about the breadth of persons listed in proposed section 210A(3) who are automatically taken to have a child under their care, supervision, or authority, including the undefined term 'health practitioner'.
- The committee identified the over-representation of Aboriginal and Torres Strait Islander peoples in the justice system and stressed the need for culturally informed, trauma-responsive practices.
- The bill requires a statutory review of the operation and effectiveness of all Taskforce-related legislative reforms, to commence 5 years after the amendments take effect.
- The bill amends the Evidence Act 1977 to introduce directions hearings and expand alternative arrangements for special witnesses in sexual offence and domestic violence proceedings.
Recommendations (4)
- The committee recommends that the Bill be passed.
- The committee recommends the Department of Justice and Attorney-General develop guidelines to assist law enforcement in administering the new offence provisions in relation to specific offences for children who are above the age of consent.
- The committee encourages the Attorney-General to undertake a review of the persons listed in proposed section 210A(3) at clause 8 of the Bill, and consider developing guidance material on the same. The committee also encourages the Attorney-General to undertake a review of the operation of the defences available under proposed sections 210A or 229B once the provisions have commenced, and consider developing guidance material.
- The committee recommends the Department of Justice and Attorney-General develop guidance for law enforcement and judicial officers to work collaboratively, with trauma-informed practices for Aboriginal and Torres Strait Islander peoples involved in the justice system, and consider cross-departmental support in developing those materials.
Committee report tabled
▸In Detail10 Sept 2024View Hansard
Amendments Nos 1-11: Amendments to the Criminal Justice bill including clarification of the position-of-authority offence list (defining 'health practitioner' and 'residential care service'), insertion of the strangulation offence clarification to cover restriction of blood circulation, and substantial revision of tendency and coincidence evidence provisions for greater alignment with the uniform evidence law.
▸Third Reading10 Sept 2024View Hansard
That the Respect at Work and Other Matters Amendment Bill, as
Final passage vote on the Respect at Work and Other Matters Amendment Bill, which reforms Queensland's Anti-Discrimination Act to introduce a positive duty to eliminate discrimination, prohibit sex-based harassment in workplaces, expand protected attributes, and strengthen vilification provisions. ALP and Greens voted in favour; LNP and KAP voted against.
The motion passed.