Coroners (Domestic and Family Violence Death Review and Advisory Board) Amendment Bill 2015
Plain English Summary
Overview
This bill creates an independent Domestic and Family Violence Death Review and Advisory Board to examine why people are dying from domestic and family violence in Queensland and recommend changes to prevent future deaths. It amends the Coroners Act 2003 to set up the Board's membership, functions, powers, and reporting requirements, implementing a key recommendation of the Not Now, Not Ever report.
Who it affects
Anyone affected by domestic and family violence benefits from better systemic review and prevention. Government departments, police, and support services may need to provide information to the Board and respond to its recommendations.
Key changes
- Creates an independent Board to review domestic and family violence deaths at a systemic level, chaired by the State Coroner or Deputy State Coroner
- Requires Board membership to include at least one Aboriginal or Torres Strait Islander person and reflect Queensland's diversity
- Gives the Board legal power to demand information from government departments, police, and support services, with fines up to 100 penalty units for non-compliance
- Requires an annual report to be tabled in Parliament on deaths reviewed and recommendations made
- Makes unauthorised disclosure of confidential information by Board members an offence with up to 200 penalty units
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Sept 2015View Hansard
Referred to Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the bill, which establishes a Domestic and Family Violence Death Review and Advisory Board within the coronial system. The committee recommended the bill be passed unanimously. It also recommended that definitions of domestic and family violence be reviewed for inclusiveness, that the distinct roles of the Death Review Unit and the new Board be clearly communicated to stakeholders, and that the Board's research and reports be made widely available.
Key findings (5)
- Nearly half of all homicides in Queensland over the preceding eight years were linked to domestic and family violence, with 180 deaths from 2006 to 2013
- The Queensland Law Society supported the bill and the establishment of the Board to review domestic violence deaths
- Stakeholders emphasised the importance of adequate resourcing and administrative support for the Board to function effectively
- The committee identified a need to clearly distinguish between the functions of the existing Death Review Unit and the new Advisory Board
- The committee noted potential fundamental legislative principles issues regarding criminal history checks on Board members and privacy rights
Recommendations (4)
- The committee recommends that the Coroners (Domestic and Family Violence Death Review and Advisory Board) Amendment Bill 2015 be passed.
- The committee recommends that the Department of Justice and Attorney-General and Department of Communities, Child Safety and Disability Services use the review of the Domestic and Family Violence Protection Act 2012 to ensure that definitions are sufficiently clear and inclusive to capture the broad range of relationship contexts in which domestic and family violence can occur.
- The committee recommends that the Department of Justice and Attorney-General, in conjunction with the Board, takes steps to ensure that the distinct but complementary functions of the Death Review Unit and the Board are clearly understood by the Coroner, courts, service providers, law enforcement agencies and stakeholders.
- The committee recommends that the Attorney-General inform the Legislative Assembly during the second reading debate about how the Board's research and reports will be made widely available and in an accessible format.
Committee report tabled
▸Second Reading14 Oct 2015View Hansard
▸15 members spoke15 support
Supported the establishment of an independent death review body, drawing parallels with the child death review panel the LNP had established when in government.
“From the experience that we gained in establishing that review board it is absolutely essential that the specialist experience, qualifications and expertise of individual members is secured in order to synthesise the best possible outcome for the process.”— 2015-10-15View Hansard
Introduced the bill establishing the independent death review board and addressed the committee's four recommendations, explaining how the board's reports would be made widely available.
“This bill provides a strong framework from which to effect real change and prevent future domestic and family violence deaths by delivering quickly on the government's commitment to implement these key priority recommendations of the special task force.”— 2015-10-14View Hansard
Supported the death review board, noting it was enthusiastically welcomed by the domestic violence sector who had fought long for its establishment.
“Across this country, two women a week are dying at the hands of their partner or former partner. That statistic is utterly shameful and highlights why we are so determined to eliminate domestic and family violence.”— 2015-10-15View Hansard
Supported the establishment of the independent death review board, noting the committee's recommendations on potential conflicts of interest with the Coroner chairing the board.
“This bill establishes an independent Domestic and Family Violence Death Review and Advisory Board to identify common systemic failures, gaps or issues and make recommendations to improve systems, practices and procedures.”— 2015-10-14View Hansard
Supported the death review board as a critically important step, providing detailed analysis of its establishment, membership and powers as a committee member.
“Notwithstanding these concerns, these bills are a critically important step in the right direction on what I am sure will be a long and at times difficult road for our community.”— 2015-10-15View Hansard
Supported the establishment of the death review board as an independent body to identify systemic trends, gaps and issues in domestic violence related deaths.
“The board will provide functions that are not undertaken by the Domestic Violence Death Review Unit currently operating in the Office of the State Coroner which only looks at individual deaths.”— 2015-10-14View Hansard
Supported the death review board as part of the broader suite of reforms needed to combat domestic violence.
“This violence and abuse must stop, and it must stop now. It is incumbent on every one of us to take a stand against violence.”— 2015-10-15View Hansard
Supported the establishment of the death review board, noting Queensland was catching up with other jurisdictions that had established similar bodies years earlier.
“After looking at other jurisdictions and countries that have been doing this work for some years, it now appears that Queensland is catching up in this space.”— 2015-10-14View Hansard
Supported the establishment of the death review board to reduce the number of domestic violence related deaths.
“With the task force noting the lack of a comprehensive death review structure to review the system as a whole, this is an important step towards reducing the number of deaths that occur as a result of domestic violence.”— 2015-10-15View Hansard
Supported the death review board as key to building understanding of risk factors and reducing the likelihood of future domestic violence deaths.
“The Not now, not ever task force identified a systemic failing and this bill goes to the heart of addressing that—making sure that it is an independent board of government and non-government representatives established to identify common systemic failures, gaps and issues.”— 2015-10-14View Hansard
Supported the bill but noted the conflict of interest provisions in the bill itself adequately addressed concerns about the Coroner chairing the board, rather than requiring judicial expertise as the government argued.
“There is no judge who sits on a trial in any jurisdiction and then sits on a body that reviews his trial, which is what the board and the Coroner are doing.”— 2015-10-14View Hansard
Supported the death review board for enabling root cause analysis of domestic violence deaths to improve systems and prevent future occurrences.
“It is vitally important that a root cause analysis be undertaken when any such tragic incidents occur, allowing for system and service improvements to be identified in order to avoid future occurrences.”— 2015-10-15View Hansard
Supported the death review board, noting that after his sister's murder there was no detailed coroner's report to tell the family what happened or enable them to lobby government for change.
“There was no detailed coroner's report to tell us these things or enable us to lobby government for change. These amendment bills will ensure efficiency within government agencies and non-government entities.”— 2015-10-14View Hansard
Supported the death review board for its capacity to build a strong evidence base to inform government measures against domestic violence.
“Having a strong evidence base of this nature will further assist government to ensure optimal selection of measures that reduce or prevent incidence of domestic and family violence moving forward.”— 2015-10-15View Hansard
Supported the death review board, praising the committee's unified approach and the scientific, evidence-based methodology.
“The enjoyable part for me about working on this committee was the sense of unity of the committee members who were committed to pursuing the same objective and importantly acting on empirical data and adopting a scientific approach.”— 2015-10-15View Hansard
Referenced Entities
Legislation
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Sectors Affected
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