Criminal Law (Domestic Violence) Amendment Bill (No. 2) 2015
Plain English Summary
Overview
This bill responds to the Not Now, Not Ever report by the Special Taskforce on Domestic and Family Violence. It creates a new criminal offence of strangulation in a domestic setting, makes domestic violence an aggravating factor that increases sentences, and restores the power of lawyers to suggest specific sentences to the court.
Who it affects
Domestic violence victims gain stronger protections and recognition of strangulation as a serious crime. People who commit domestic violence face a new offence and generally higher sentences.
Key changes
- New offence of choking, suffocation or strangulation in a domestic setting, punishable by up to 7 years imprisonment
- Courts must treat domestic violence as an aggravating factor that increases the sentence, unless exceptional circumstances apply
- Prosecutors and defence can once again suggest a specific sentence or sentencing range to the court, reversing the High Court's Barbaro decision
- The same sentencing submission reform applies to courts sentencing children under the Youth Justice Act
- The defence of provocation does not apply to the new strangulation offence
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee2 Dec 2015View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee recommended the bill be passed, implementing key recommendations from the Special Taskforce on Domestic and Family Violence in Queensland (the 'Not Now, Not Ever' report). The committee received 20 submissions and held public hearings, finding broad support for the bill's reforms. The committee requested the Attorney-General address submitter concerns about consent, reckless indifference, and the bill's application to juveniles during the second reading debate.
Key findings (5)
- The bill implemented taskforce recommendations by creating domestic and family violence as an aggravating factor on sentence and introducing a new standalone offence of choking, suffocation or strangulation in a domestic setting
- The Women's Legal Service confirmed that non-fatal strangulation is 'very common' in domestic violence relationships and sends a message of ultimate control over victims
- The Queensland Indigenous Family Violence Legal Service reported that the existing strangulation offence under section 315 of the Criminal Code had never been used in their experience due to its requirement to prove intent to commit another indictable offence
- Submitters raised concerns about elements of the proposed section 315A offence, including the concept of reckless indifference to consent and the scope of 'domestic setting' and 'domestic relationship'
- The bill also restored courts' discretion to hear sentencing submissions from parties, following the 2014 High Court decision in Barbaro v The Queen which had disrupted longstanding Queensland sentencing practice
Recommendations (1)
- The committee recommends that the Criminal Law (Domestic Violence) Amendment Bill (No. 2) 2015 be passed.
Committee report tabled
▸Second Reading19 Apr 2016View Hansard
▸23 members spoke23 support
Introduced the bill as Attorney-General, implementing recommendations 118 and 120 of the Not now, not ever report. Explained the new strangulation offence and aggravating factor provisions in detail, and addressed committee concerns on consent, domestic setting terminology, and juvenile application.
“Improving the accountability of domestic violence perpetrators brings us closer to a Queensland free from domestic and family violence.”— 2016-04-19View Hansard
Confirmed the opposition's support for the bill and its implementation of recommendations 118 and 120 of the Bryce report. Detailed the provisions and noted stakeholder support from the Bar Association and Women's Legal Service.
“From the outset I want to convey that it is the position of this side of the House that the bill should be passed.”— 2016-04-19View Hansard
Supported the bill as a reasonable and measured response to the domestic violence epidemic. Highlighted that the government's response protects all victims regardless of age, gender, or relationship type.
“Domestic violence is not a private matter between two individuals, and the days of turning a blind eye are well and truly over.”— 2016-04-19View Hansard
Supported the bill as a committee member. Noted that the aggravating factor approach was preferable to a circumstance of aggravation and welcomed the Barbaro reversal. Suggested consideration of a standalone domestic violence criminal offence in future.
“If there is one place where a person should feel safe and not be subject to violence, intimidation or harassment, it is in their home, in their domestic and family relationships.”— 2016-04-19View Hansard
Supported the bill as a committee member. Highlighted that Wynnum has the highest rate of domestic violence in the Bayside region and praised local community efforts to address the issue.
“Domestic and family violence has for too long been hidden away, kept secret amongst families, with victims often feeling that they are in some way responsible for the abuse.”— 2016-04-19View Hansard
Supported the bill as a committee member. Emphasised bipartisan cooperation and the importance of identifying strangulation as a precursor to escalated violence. Acknowledged the Barbaro reversal and praised domestic violence services on the Gold Coast.
“It does not matter who you are, where you come from, what you look like, what you believe in or what you do: there is never a circumstance in which it is okay that you should be the subject of domestic and family violence.”— 2016-04-19View Hansard
Spoke as Minister for the Prevention of Domestic and Family Violence. Highlighted that five Queensland women died in three weeks. Emphasised that strangulation is predictive of homicide, citing evidence that women are 800 times more at risk of serious injury after strangulation.
“I do not simply want to reduce the statistics of women suffering from domestic and family violence here in Queensland; I want them to be where they belong: in the past.”— 2016-04-19View Hansard
Supported the bill as a committee member. Drew attention to the clarification of 'domestic setting' and raised the case of Nigella Lawson. Urged the Attorney-General to reconsider excluding juveniles from the aggravating factor provisions given normalised violence in Indigenous communities.
“I draw the attention of the Attorney-General to the committee's comment on page 5 of its report.”— 2016-04-19View Hansard
Supported the bill as committee chair. Shared a harrowing personal account of domestic violence and strangulation provided by a friend. Emphasised that the new strangulation offence sends a clear message that such actions will not be tolerated.
“This has to stop. The new strangulation offence and the significant penalties attached reflect that this behaviour is not only inherently dangerous but also a predictive indicator of escalated domestic violence offending, including homicide.”— 2016-04-19View Hansard
Supported the bill as LNP shadow minister. Cited alarming statistics including eight domestic violence deaths in one month in Queensland. Called for appropriate resourcing for violence reduction programs and warned against community complacency.
“Eight deaths in one month is simply unacceptable. We should be doing everything we can and have all the tools available so that people can be safe and free of violence in their own home.”— 2016-04-19View Hansard
Supported the bill and highlighted the importance of perpetrator accountability alongside victim support. Noted the government's partnership with CEO Challenge and the specialist court trial at Southport.
“For too long the approach has been to help victims by providing safe houses, shelters, improvements to policing and support through counselling services. Whilst those processes and projects are vital to ensuring the wellbeing of victims, an emphasis on making perpetrators responsible for their actions is also vital.”— 2016-04-19View Hansard
Supported the bill and praised the bipartisan approach. Cited statistics on domestic violence prevalence and homicide rates, noting 44 per cent of Queensland homicides between 2004-2012 were domestic violence related.
“The collective efforts of this 55th Parliament last year and, hopefully, what will take place again in the next hour or two make me extremely proud and privileged to be part of the 55th Parliament.”— 2016-04-19View Hansard
Supported the bill and emphasised the importance of all three objectives including restoring sentencing submissions. Argued the changes go beyond accountability to changing attitudes and instilling respectful relationships.
“These changes go a little further as well. They are about changing attitudes and creating greater awareness around domestic and family violence and instilling in those people who may find themselves in a situation where they are perpetrating domestic and family violence that that behaviour is never acceptable—not now, not ever.”— 2016-04-19View Hansard
Supported the bill and emphasised that legislation alone will not solve domestic violence. Called on society to stop turning a blind eye and to teach children that domestic violence is not normal behaviour.
“It is up to society as a whole—no more turning a blind eye; no more turning our backs on those who are victims as though it were they who were committing the crime; and certainly no more accepting the excuses of perpetrators.”— 2016-04-19View Hansard
Supported the bill and noted seven Queensland women murdered in domestic violence situations in 3.5 weeks. Highlighted the Women's Legal Service helpline taking a 700 per cent increase in calls. Acknowledged community members providing informal support to DV victims.
“They were saying the next thing we must do is to enact the legislation around strangulation, and that is what we are doing today.”— 2016-04-19View Hansard
Supported the bill and its implementation of Bryce report recommendations. Emphasised bipartisan cooperation and the importance of the strangulation offence as a predictor of domestic homicide.
“Our society will only be successful in tackling the scourge of domestic violence if all levels of government and political persuasions work together.”— 2016-04-19View Hansard
Supported the bill and shared a constituent's story of escalating domestic violence. Cited evidence that perpetrators who strangle are 800 times more at risk of causing serious injury or death.
“In the position of government it is our job to provide protections, to provide an avenue for safety and to ensure that the voices of victims are heard, not silenced.”— 2016-04-19View Hansard
Supported the bill and the bipartisan approach. Noted he was in the final stages of becoming a White Ribbon ambassador and described a White Ribbon Day walk in his electorate involving men from traditionally male-dominated sectors.
“I think it is particularly important that men speak out against domestic violence.”— 2016-04-19View Hansard
Supported the bill as Minister for Innovation. Highlighted the disproportionate impact on Indigenous women, who are 35 times more likely to be hospitalised for assault and 10 times more likely to die from assault than non-Indigenous women.
“In the case of Aboriginal and Torres Strait Islander women, domestic and family violence may occur in the context of complex kinship structures, which creates a further layer of complexity.”— 2016-04-19View Hansard
Supported the bill as a former lawyer. Cited South Burnett domestic violence statistics showing children affected in 53 per cent of applications. Acknowledged local DV court support volunteers Enid and Pam for 15 years of voluntary service.
“Many domestic violence offenders and rapists do not strangle their partners to kill them; they strangle them to let them know they can kill them—any time they wish.”— 2016-04-19View Hansard
Supported the bill and drew on his working life experience at scenes of domestic violence. Noted frustration among frontline workers that domestic violence was not previously taken seriously in parliament.
“I spent a great deal of my working life at scenes of crime and violence, many of those domestic scenes, and I witnessed firsthand the frustration of doctors, nurses, social workers, police and paramedics that domestic violence in the community, within the law industry and certainly within parliament was not taken seriously.”— 2016-04-19View Hansard
Spoke as a domestic violence survivor. Noted a 96 per cent increase in reported DV incidents in Mudgeeraba. Highlighted the unfunded Robina Community Legal Centre and understaffing at Mudgeeraba Police Station. Shared that her previous speech went viral and prompted women to leave violent situations.
“As a survivor of domestic violence I am pleased to see these recommendations being implemented in the 55th Parliament as a direct result of the member for Aspley's commitment.”— 2016-04-19View Hansard
Supported the bill and quoted extensively from the Not now, not ever report and DVConnect CEO Di Mangan on the prevalence and danger of strangulation in domestic violence situations.
“To be looking at her at the point that he's got his hands around her throat, that is the ultimate in domination.”— 2016-04-19View Hansard
Referenced Entities
Legislation
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards