Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024
Plain English Summary
Overview
This bill implements the third wave of reforms from the Women's Safety and Justice Taskforce, focusing on sexual violence and improving how women and girls experience the criminal justice system. It creates new offences to protect young people from sexual exploitation by people in authority, strengthens protections for vulnerable witnesses, allows expert evidence to help juries understand victim behaviour, and modernises rules about how past behaviour evidence can be used in criminal trials.
Who it affects
Victim-survivors of sexual violence and domestic violence will experience a less traumatic court process, with stronger protections when giving evidence. Young people aged 16 and 17 gain new protections against sexual exploitation by adults in positions of authority such as teachers, coaches, employers and family members.
Key changes
- New criminal offence for sexual acts by adults against 16 or 17 year olds under their care, supervision or authority, with penalties of up to 14 years imprisonment
- Victims of sexual violence and domestic violence get a presumption of alternative arrangements when giving evidence, such as screens, remote rooms and support persons
- Special witness evidence in sexual offence trials must be videorecorded so it can be used in any retrial, reducing re-traumatisation
- Expert evidence can now be presented to juries about the nature of sexual offences and why victims may delay reporting or maintain relationships with offenders
- Queensland's rules for admitting tendency (propensity) and coincidence (similar fact) evidence in criminal trials are modernised to align with New South Wales, making it easier to present evidence of past behaviour patterns
- Non-contact orders extended from a maximum of two years to five years, with increased penalties for breaches
- Prisoners on remand can participate in rehabilitation programs without fear their admissions will be used against them in court
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.
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Ayes (51)
Noes (38)
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