Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020

Supported the bill as fixing a loophole in the context of mistake of fact, while acknowledging concerns from advocacy groups that the amendments do not go far enough.

“I am encouraged by the conversation she has started nationally and how that conversation will be distilled and continued locally.”— 2021-03-25View Hansard

Moved the second reading as Attorney-General, defending the bill as implementing all five QLRC recommendations and announcing the Women's Safety and Justice Taskforce for broader reform.

“Codifying existing case law in the Criminal Code will strengthen and modernise the law in relation to rape and sexual assault offences.”— 2021-03-24View Hansard

Supported the bill as an important first step in eliminating violence against women, emphasising that legislation alone is not enough and education and attitudinal change are also needed.

“Let me say to all survivors that the Palaszczuk government hears you, it supports you and it believes you.”— 2021-03-25View Hansard

As shadow Attorney-General, supported the bill while noting the QLRC was not asked to draft affirmative consent provisions and that more work is needed on the treatment of survivors in the system.

“Given the extensive and thorough work of the commission and recognising the value of the amendments suggested, the LNP will be supporting this bill.”— 2021-03-24View Hansard

Did not oppose the bill but argued it was severely inadequate, tabling amendments to introduce an affirmative consent model and restrict the mistake-of-fact defence. All three amendments were defeated.

“While I will not be opposing this bill given it simply codifies existing case law into legislation, I implore the House to support my amendments today which would genuinely improve the experiences of victims/survivors of sexual assault in our justice system.”— 2021-03-25View Hansard

Supported the bill as a sensible approach drawing on his 25 years of criminal defence practice, cautioning that moving to a pure affirmative consent model could cause more harm than good.

“I support the passing of this legalisation as a sensible approach to a complex issue and a commitment by the government that this is the first step in a holistic review of the experiences of women in the criminal justice system.”— 2021-03-24View Hansard

Supported the bill as a step in the right direction towards eliminating sexual violence, while acknowledging the need for broader cultural change and consent education.

“Reforming our consent laws so that our criminal justice system works better for victims is an ongoing process, but it is a step in the right direction towards eliminating sexual violence in our society.”— 2021-03-25View Hansard

Supported the bill as shadow education minister, emphasising the importance of consent education in schools alongside legislative reform and the role of community leaders as role models.

“Kindness, understanding, empathy and compassion are the cornerstones of respectful relationships and these qualities must be further instilled in our young Queenslanders as a key component of school based education programs.”— 2021-03-24View Hansard

Supported the bill drawing on his experience as a former police officer investigating sexual offences, noting the bill is not perfect but is a solid benchmark to work from.

“The bill as it is is not perfect but, along with my colleagues, I commend the bill to the House.”— 2021-03-25View Hansard

Supported the bill as a committee member, calling on men to challenge problematic behaviour and stereotypes rather than looking for loopholes in morality.

“Stop looking for a loophole in morality or in a moment. Do not look for a reason as to why this sort of behaviour is okay.”— 2021-03-24View Hansard

Supported the bill as part of the government's broader commitment to gender equality and addressing sexual violence, linking consent reform to wider issues of pay equity and women's representation.

“As women and men call for their governments to protect women by holding men to account, we are not grandstanding. What this government is doing is taking action where it counts, keeping women safe and holding perpetrators to account.”— 2021-03-25View Hansard

Supported the bill as a committee member, noting this is only a start and that further reform including attitudinal change, education and better service responses will be needed.

“I do not believe that this matter ends with this legislative debate. If anything, I suspect this is only a start.”— 2021-03-24View Hansard

Criticised the bill for merely codifying existing case law and failing to introduce an affirmative consent model, arguing it is dismissive of survivors' experiences and represents a missed opportunity.

“The law is not working and to simply codify that law is unbelievably dismissive of the experience of survivors.”— 2021-03-25View Hansard

Supported the bill as a committee member, emphasising it as a first important step and praising the establishment of the Women's Safety and Justice Taskforce for a holistic review.

“As long as the blame rests with the victim we will never make real progress.”— 2021-03-24View Hansard

Supported the bill drawing on her experience as a former police officer, providing a detailed technical explanation of how chapters 5, 26 and 32 of the Criminal Code interact on consent and mistake of fact.

“I absolutely understand why many submitters feel that this bill does not go as far as it should, but the QLRC had a specific remit and it has made recommendations. We commit to implementing those recommendations.”— 2021-03-25View Hansard

Did not oppose the bill but filed a statement of reservation, criticising that the changes sought by sexual assault survivors and frontline organisations were not included and prioritised.

“I do oppose, and that is that changes sought by our sexual assault survivors and frontline organisations were not included and prioritised.”— 2021-03-24View Hansard

Supported the bill, noting it codifies existing case law and that the LNP will not oppose it, while acknowledging stakeholder disappointment that it does not go far enough.

“The LNP will not be opposing this bill and appreciate that these amendments to the code are necessary to 'clarify, reinforce and update the current operation of the law'.”— 2021-03-25View Hansard

Supported the bill as Education and Racing Minister, speaking to both the consent amendments and the wagering inducement restrictions, and urging women to come forward.

“This is a warning shot to perpetrators in that when you ask what has changed and when you ask what is going to happen, the answer is: we will no longer be silent.”— 2021-03-24View Hansard

Supported the bill as part of the government's ongoing commitment to women's safety, emphasising the importance of consent education for young people alongside legislative reform.

“I am so proud to be part of a government that is listening to women, that believes women and is doing what we can to address these critical issues for women.”— 2021-03-25View Hansard

Supported the bill as a former lawyer, describing the mistake-of-fact defence as a loophole that needs to be changed, and criticising the government for not acting sooner.

“Quite frankly, no means no. Too many have been able to sail through this hole in our law, leaving victims to rightfully ask why the law has not been on their side.”— 2021-03-24View Hansard

Supported the bill as at least a step in the right direction, while questioning the government's decision to proceed before broader consultation could take place and highlighting the low conviction rates for sexual offences.

“In closing, I support any amendments to archaic laws in order to better protect and support Queenslanders.”— 2021-03-25View Hansard

Supported the bill as former minister for women, sharing a constituent's account of her traumatic experience navigating the criminal justice system after sexual abuse to illustrate why broader reform is needed.

“This is a step, and I want to say that this government, this Attorney-General and this Premier are absolutely committed to doing what needs to be done to make this okay.”— 2021-03-24View Hansard

Supported the bill as part of a continuum of reform to end domestic, family and sexual violence, acknowledging the importance of the Women's Safety and Justice Taskforce.

“I commend the bill to the House. I am proud to support the bill. I see it as part of a continuum of reform and the review will be an important part of that continuum.”— 2021-03-25View Hansard

Supported the bill as necessary to clarify the law, while urging the government to give the Law Reform Commission broader direction to investigate sexual assault legislation and rape culture as a whole.

“While this bill does not seek to address all the questions we have and the changes we need, it is better than what we had and it is at least a small step in the right direction.”— 2021-03-25View Hansard

Supported the bill and also spoke to the amendments strengthening police banning notices in safe night precincts, increasing the initial banning duration from 10 days to up to one month.

“There is no doubt we are at a turning point. As a society, we want to see a defining change made in the way women are treated.”— 2021-03-25View Hansard

Supported the bill and shared personal experiences of sexual assault to underscore the urgency of legislative reform and cultural change on consent.

“I do not need pity. We do not need pity. We need action and we need to fix the way we see women in our society.”— 2021-03-25View Hansard

Supported the bill and provided a detailed technical analysis of how the QLRC recommendations interact with the Criminal Code's provisions on consent and mistake of fact.

“We simply must ensure that the legislation in Queensland not only provides the best protections available today but also continues to be amended where necessary.”— 2021-03-25View Hansard

In reply, defended the bill as implementing all five QLRC recommendations and criticised the Greens amendments as poorly drafted, confusing and lacking human rights compatibility assessments.

“This government has not ruled out support for an affirmative consent model in this state. As I have stated publicly on a number of occasions, this is something that the task force will consider as part of its review.”— 2021-03-25View Hansard