Criminal Law (Domestic Violence) Amendment Bill 2015
Plain English Summary
Overview
This bill toughens Queensland's response to domestic violence by increasing penalties for breaching protection orders, flagging domestic violence offences on criminal histories, and giving victims better protections when they give evidence in court. It delivers three recommendations from the 'Not Now, Not Ever' Taskforce report on domestic and family violence.
Who it affects
Victims of domestic violence get stronger court protections and a clearer record of a perpetrator's history of abuse. Perpetrators face higher maximum penalties and a criminal record that identifies domestic violence offences.
Key changes
- Maximum penalty for breaching a domestic violence order increases to 5 years imprisonment or 240 penalty units for repeat offenders (up from 3 years / 120 units)
- First-time breaches now carry up to 3 years imprisonment or 120 penalty units (up from 2 years / 60 units)
- Courts must record convictions as 'domestic violence offences' on a person's criminal history when satisfied the offence occurred in a domestic violence context
- Prosecutors can apply to have past convictions retrospectively flagged as domestic violence offences
- Domestic violence victims giving evidence in court now qualify as 'special witnesses', allowing protections like screens, support people, or pre-recorded evidence
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 over approximately three weeks, reporting on 9 October 2015. The committee recommended the bill be passed, while also making three additional recommendations relating to monitoring the effectiveness of increased penalties for breaching domestic violence orders, auditing court facilities for special witness accommodation, and clarifying protections for victims during non-evidentiary court proceedings. The Queensland Government noted all recommendations.
Key findings (4)
- The bill implemented recommendations from the Special Taskforce on Domestic and Family Violence chaired by Quentin Bryce
- Nearly half of all homicides in Queensland over the preceding eight years were linked to domestic and family violence
- The committee raised concerns about the adequacy of court facilities for victims providing evidence as special witnesses
- Submitters highlighted the need for protections for victims during court proceedings that do not involve giving evidence, such as applying for domestic violence orders
Recommendations (4)
- The committee recommends that the Criminal Law (Domestic Violence) Amendment Bill 2015 be passed.
- The committee recommends that, if the bill passes, the Department of Justice and Attorney-General monitors the use of the new maximum penalties for breaches of domestic violence orders and commissions research into their effectiveness as a deterrent to offenders committing domestic violence offences.
- The committee recommends that the Department of Justice and Attorney-General prioritises its audit of Queensland court facilities and, based on the findings of its audit, takes steps to ensure that courts in Queensland can adequately accommodate domestic and family violence victims providing evidence as special witnesses, and their families.
- The committee recommends that the Attorney-General clarifies during the second reading debate what protections are afforded to victims of domestic and family violence in court proceedings which do not involve the giving of evidence, for example when applying for a domestic violence order.
Committee report tabled
▸Second Reading15 Oct 2015View Hansard
▸27 members spoke20 support7 mixed
Supported the bills in keeping with the bipartisan approach but raised concerns about the retrospective penalty provisions and advocated for a Clare's Law disclosure scheme not included in the bills.
“In keeping with our commitment to a bipartisan approach to addressing domestic and family violence and implementing the recommendations of the Not now, not ever report, the LNP will be supporting the bills. However, we do have some concerns around one element which was highlighted in the statement of reservation to the committee.”— 2015-10-15View Hansard
Introduced the bills and commended them to the House, defending the retrospective notation provisions as essential to catching early patterns of repeat domestic violence offending.
“If the notation scheme only applies to convictions post commencement it will take many years before the benefits of the amendments will be realised, and I think this is a really important point.”— 2015-10-14View Hansard
Strongly supported the bills as part of the government's broader reform response, defending increased penalties and special witness protections, and pushing back against the opposition's Clare's Law proposal as premature.
“There is a simple way to avoid having your previous convictions recorded as domestic violence offences: do not breach a domestic violence order or commit domestic violence offences.”— 2015-10-15View Hansard
Supported the bills in line with the bipartisan approach but opposed the retrospective nature of the penalty provisions in clause 18, citing concerns from the Queensland Law Society and the Bar Association.
“The opposition's position in respect of these bills is to support them, in line with our bipartisan approach to implementing the recommendations of Not now, not ever. However, we do oppose the retrospective nature of the penalty provisions.”— 2015-10-14View Hansard
Supported the bills as a committee member but remained concerned about the retrospective application of the notation provisions, citing concerns from the Queensland Law Society and Bar Association.
“I remain concerned over the retrospective application of proposed new section 12A(6) of the Penalties and Sentences Act. The Queensland Law Society and Bar Association of Queensland raised concerns about the court's ability to retrospectively classify prior convictions as domestic violence offences.”— 2015-10-15View Hansard
As committee chair, supported the bills and argued against the opposition's position on retrospectivity, saying victims of domestic violence cannot wait three years for the provisions to take effect.
“Queensland victims of domestic violence cannot wait three years for government amendments to come into effect. What message would this send to victims or to perpetrators?”— 2015-10-14View Hansard
Spoke in support of the bills, particularly highlighting the disproportionate impact of domestic violence on Aboriginal and Torres Strait Islander communities and grassroots community initiatives.
“Aboriginal and Torres Strait Islander women are 35 times more likely than non-Indigenous women to be hospitalised for spousal or domestic partner assaults.”— 2015-10-15View Hansard
Commended the bills but raised concerns about the retrospective penalty provisions and questioned whether increasing maximum penalties would be effective without evidence current maximums are being used. Also criticised the closure of the Roma Community Legal Service.
“Dr Silke Meyer, the Women's Legal Service, BoysTown and the Aboriginal and Torres Strait Islander Legal Service questioned the effectiveness of increasing existing maximum penalties as a deterrent without evidence that the current maximum penalties are being used and exhausted.”— 2015-10-14View Hansard
Supported the bills in a bipartisan approach, highlighting the need for legislative reform alongside adequate legal assistance for victims, and called for government funding for the Robina Community Legal Centre.
“As we embrace a bipartisan approach to tackling domestic violence, it is important that we not only work to enact improved legislative frameworks and appropriate punishments but also ensure that adequate legal assistance is available for victims of this insidious crime.”— 2015-10-15View Hansard
Supported the bills as increasing perpetrator accountability through notations on criminal histories, special witness protections and increased penalties for breaching domestic violence orders.
“These measures send a message loud and clear that domestic and family violence is not acceptable and perpetrators will be held to account for the use of such violence.”— 2015-10-14View Hansard
Supported the bills, noting the increased penalties and special witness protections, and spoke about his personal connection to the issue through his daughter.
“This 55th Parliament is acting decisively in making incremental changes to legislation for a change—a change where victims, a change where fathers like myself, will be left without worry that our daughters will be treated with respect by males in their lives.”— 2015-10-15View Hansard
Supported the intent of the bill but raised detailed concerns about whether court facilities could adequately accommodate special witness protections in practice, and noted the retrospective provisions were of concern to the opposition.
“These courts act on a volume basis. Even during a trial day a magistrate will have four or five trials listed before them. Two or three of those may be domestic violence matters.”— 2015-10-14View Hansard
Supported the bills, speaking from his professional experience as a doctor treating domestic violence victims and highlighting the role of drugs, particularly methamphetamines, in driving violence.
“Throughout my professional life as a doctor I have had to protect, report and manage some truly tragic domestic violence situations.”— 2015-10-15View Hansard
Spoke passionately in support of the bills, sharing his personal experience of his sister's murder by strangulation in a domestic violence incident in 1985.
“In 1985, my second oldest sister, June, was murdered by strangulation in a domestic violence incident.”— 2015-10-14View Hansard
Supported the bills, sharing a personal story of a school friend murdered by her father and a domestic violence survivor's account of economic abuse and control.
“Domestic and family violence is not private business. It is everyone's business.”— 2015-10-15View Hansard
Broadly supported the bills, shared constituent stories about ongoing DVO renewal burdens on victims and about abuse of the DVO system through false allegations.
“She asked, 'Why is it that mum and the kids have to give up everything to escape while the perpetrator gets to stay put?' That is a very good question and perhaps it is one that we in this House have to address in the near future.”— 2015-10-15View Hansard
Supported the bills, noting the bipartisan approach and community engagement in his electorate to tackle domestic violence.
“As a society we can and we must once again stand together to say not now, not ever to domestic violence.”— 2015-10-15View Hansard
Supported the bills and highlighted the work of specialised domestic violence police squads in his electorate and local community programs like STAAR.
“I 100 per cent agree that we need to get tough on this issue.”— 2015-10-15View Hansard
Expressed strong support for both bills and the bipartisan approach, noting that constituents were coming forward because of the public discussion about domestic violence.
“People need to know that there is a groundswell of support, that there is a momentum which now cannot be stopped and that things will be done and will continue to be done.”— 2015-10-15View Hansard
Supported the legislation in line with the bipartisan approach but noted the opposition's position opposing the retrospective nature of the penalty provisions. Shared personal experience of living in a household with domestic violence.
“Whilst we on this side of the House oppose the retrospective nature of the penalty provisions as we believe that these should apply moving forward, I do support this legislation in line with our bipartisan approach.”— 2015-10-15View Hansard
Supported the bills, highlighting the government's $31.3 million investment and noting the retrospective notation provision assists in ensuring offenders' domestic violence patterns are more easily identifiable.
“Although this further information has been added retrospectively, it will assist in ensuring that the offender's pattern of domestic violence behaviour is more easily identifiable on a person's criminal history and therefore ensures that offenders can be sentenced more appropriately.”— 2015-10-15View Hansard
Supported the bills in principle under the bipartisan approach but expressed concern about the government's use of retrospective laws, which he said undermines the justice system.
“Making laws retrospective, which seems to be a favoured response by this government, undermines our system of justice. On that basis, the retrospective nature of the penalty provisions should be opposed.”— 2015-10-15View Hansard
Supported the bills as a committee member, acknowledging the concern about retrospectivity from his legal background but concluding the legislation will protect the most vulnerable at-risk people.
“Having weighed up this issue against the other elements, I have come to my conclusion based on the fact that this legislation will protect the most vulnerable at-risk people in our community.”— 2015-10-15View Hansard
Supported the bills as the next step in the campaign against domestic violence, sharing constituent stories and personal experience with the aftermath of a domestic violence murder.
“If you are a victim, it is not your fault and we urge you to seek help and report the offence. If you are a perpetrator, stop now before it is too late.”— 2015-10-15View Hansard
Supported the bills and emphasised the importance of cultural change and appropriate language, cautioning against permanently labelling people as 'victims' or 'perpetrators'.
“If we talk about people as victims, we are casting them as that for the rest of their days. We need to be talking about people who 'have been victims' of domestic and family violence or 'who have experienced' domestic and family violence.”— 2015-10-15View Hansard
Supported the bills with a focus on the needs of culturally and linguistically diverse communities who struggle to access services and navigate the legal system.
“I do not know how her journey to finding a respectful relationship in this country will end up, but I do know that we in this country and in this society gave her a clear message—not now, not ever.”— 2015-10-15View Hansard
In reply, defended the retrospective notation scheme in detail, explained the procedural safeguards including judicial review, and rejected the Clare's Law proposal as not prioritising victim safety.
“There is no automatic retrospectivity proposed by these notation amendments. The offences already on a person's criminal history do not suddenly become more serious by operation of the proposed laws.”— 2015-10-15View Hansard
▸In Detail15 Oct 2015View Hansard
Government amendments to the Criminal Law (Domestic Violence) Amendment Bill: inserted a commencement clause (sections 4 and 5 and parts 5 and 6 commence on 1 December 2015), corrected 'and' to 'or' in clause 7, and made clarifying changes to the notation scheme in clause 18 including renaming the section heading and clarifying procedural requirements.
Opposition amendment to clause 18 to remove the retrospective application of the notation scheme, so that only convictions occurring after commencement could be classified as domestic violence offences on a person's criminal history.
Moved an amendment to remove the retrospective application of the notation scheme during Consideration in Detail, citing the Queensland Law Society's position that retrospective classification of prior convictions was 'fraught with danger'. The amendment was defeated.
“Allowing the court to retrospectively classify prior convictions as domestic violence offences is fraught with danger in that the context in which the earlier offence occurred may not have been explored at the time of the conviction.”— 2015-10-15View Hansard
Referenced Entities
Legislation
Roles & Offices
Sectors Affected
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