Domestic and Family Violence Protection and Another Act Amendment Bill 2015
Plain English Summary
Overview
This bill strengthens Queensland's domestic violence laws in response to the 'Not Now, Not Ever' taskforce report. It changes how courts handle competing protection order applications, makes courts actively consider ordering perpetrators out of the family home, gives victims a stronger voice in decisions, and clearly authorises police to use body-worn cameras on duty.
Who it affects
People experiencing domestic and family violence get more protection and more say in court decisions. Respondents to protection orders, Queensland Police, and Magistrates Courts will operate under new rules.
Key changes
- When both people apply for protection orders against each other, courts must hear the applications together and identify who is most in need of protection
- Courts making a domestic violence order must consider whether to exclude the respondent from the aggrieved's usual home, taking the aggrieved's wishes into account
- Adds a new principle that victims' views and wishes should be sought before decisions are made under the Act
- Victims and police can now appeal a court's refusal to grant a temporary protection order
- Confirms it is lawful for Queensland Police officers to use body-worn cameras on duty, including where recordings are inadvertent or incidental
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee3 Dec 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 implements recommendations from the Special Taskforce on Domestic and Family Violence in Queensland. The committee recommended the bill be passed but suggested omitting clause 4 (a new principle about seeking victims' views and wishes), which the government did not accept. The committee also made recommendations about cross application procedures in Magistrates Courts and police body-worn camera training.
Key findings (5)
- The bill implements three recommendations from the Special Taskforce on Domestic and Family Violence in Queensland, chaired by the Hon. Quentin Bryce
- Stakeholders raised concerns that a new principle requiring victims' views to be sought could lead to victim impact statements, posing unintended safety risks
- The committee identified issues with cross applications for domestic violence protection orders, including unmeritorious applications being used to delay proceedings
- Concerns were raised about police use of body-worn cameras at domestic and family violence incidents, including officer training and data handling
- The committee noted that court safety facilities for domestic violence victims were significantly limited, particularly in rural and regional areas
Recommendations (5)
- The committee recommends that the Domestic and Family Violence Protection and Another Act Amendment Bill 2015 be passed.
- The committee recommends that the bill be amended to omit clause 4, and that the Department reconsiders how best to ensure victims are afforded the opportunity to express their views and wishes as part of its wider review of the Domestic and Family Violence Protection Act 2012.
- The committee recommends that the Queensland Government works with the Magistrates Courts to establish procedures and guidelines to ensure that decisions about which court should hear cross applications are made in a timely manner and in accordance with the principles of the Act.
- The committee recommends that the Queensland Government works with the Magistrates Courts to ensure that applicants for domestic violence orders are given the opportunity to provide details about why a matter should be heard in a particular court.
- The committee recommends that the Minister clarifies during the second reading debate what training police officers receive in relation to body-worn cameras at domestic and family violence incidents, and what measures and procedures are in place to ensure compliance with the policy.
That the amendment be agreed to
Vote on the Leader of the Opposition's amendment to the address-in-reply to the Governor's opening speech, unrelated to the DFV bill which had already passed without division
The motion was defeated.
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Ayes (40)
Noes (43)
Vote on a motion
Vote on the special adjournment motion to set the next sitting date, unrelated to the DFV bill
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (40)
Noes (41)
Committee report tabled
▸Second Reading3 Dec 2015View Hansard
▸25 members spoke25 support
Introduced the bill implementing recommendations 99, 117 and 129 of the Not now, not ever task force report, requiring courts to hear cross-applications together, consider ouster conditions, and seek victims' views and wishes.
“This bill continues this government's significant reform efforts that have already seen the passage of the Criminal Law (Domestic Violence) Amendment Act 2015.”— 2015-12-03View Hansard
As shadow minister, confirmed LNP bipartisan support for the bill, acknowledged the task force origins under the previous LNP government, and shared deeply personal stories about two friends who died at the hands of their intimate partners.
“In a civilised society it is shameful that we have allowed domestic violence to have a presence in the past but even more shameful that it still has a presence behind closed doors today.”— 2015-12-03View Hansard
As committee chair, supported the bill and drew on her professional experience in child safety to explain why cross-applications can be used to control victims and why ouster conditions are important for keeping children in familiar surroundings.
“Anything that we can do to make children's lives better, to reduce any trauma on children, to allow them to sleep in their own beds and have familiar surroundings and their support systems around them is another important recommendation.”— 2015-12-03View Hansard
As committee deputy chair, supported the bill but raised concerns about ambiguity in the explanatory notes regarding victim impact statements, which the minister clarified in her second reading speech. Also raised practical issues about cross-applications in separate court registries.
“The minister's statement here today rectifies this problem, and I congratulate her for doing so.”— 2015-12-03View Hansard
Supported the bill's four main objectives: addressing cross-applications, ouster conditions, victims' views and wishes, and body worn cameras for police.
“This is something that we must act on now. That is why this bill is so important.”— 2015-12-03View Hansard
Supported the bill and courageously shared her personal experience as a child victim of domestic violence, describing decades of violence her mother endured and its lasting impact on the children.
“No child should know what it is like to be hit with a fist like an iron bar. No child should know what it is like to be thrown up against a wall like a rag doll.”— 2015-12-03View Hansard
Made a brief contribution supporting the bill, recognising community sector workers tackling domestic violence in Cairns and expressing confidence the issue will not slip off the agenda.
“I certainly feel there is no other issue that has captured the attention of the public, the attention of the parliament and the attention of the community as much as this.”— 2015-12-03View Hansard
As a committee member, supported the bill but raised concerns about the practical challenges of cross-applications and ouster conditions in rural and regional areas where accommodation options are limited.
“One does not have to travel very far out into rural and regional Queensland to see the shortage of appropriate accommodation for domestic violence affected men and women.”— 2015-12-03View Hansard
Supported the bill and focused on the importance of ouster conditions, arguing that perpetrators rather than victims should be forced to leave the family home.
“Why should the victim of violence be responsible for leaving?”— 2015-12-03View Hansard
As a committee member, supported the bill and highlighted the particular impact of domestic violence on island communities in his electorate where isolation and reliance on water transport make it especially difficult for victims.
“It is my sincere hope that this legislation provides a stronger framework for victims to break free from those relationships where they are in harm's way.”— 2015-12-03View Hansard
Supported the bill, welcoming provisions requiring courts to hear cross-applications together and consider ouster conditions, and endorsing the clarification of body worn camera use by police.
“This bill, like the two before it, sends a message to perpetrators that domestic and family violence will not be tolerated.”— 2015-12-03View Hansard
Supported the bill and reflected on his own journey of awareness about domestic violence, including initiating parliament's first hosting of White Ribbon Day under then Speaker John Mickel.
“This bill is our next step. I commend the bill to the House and know our work is going to improve the lot of victims of domestic violence and change the thinking of the community and perpetrators.”— 2015-12-03View Hansard
Supported the bill and spoke about the widespread domestic violence in her electorate despite its perceived affluence, highlighting community organisations providing practical support and a domestic violence forum she hosted.
“I think we all have great admiration for the work she is doing to make sure we are on the right track.”— 2015-12-03View Hansard
Supported the bill in a bipartisan spirit, citing alarming increases in DV protection order breaches in his electorate and praising the work of the Bayside Community Legal Service.
“Some issues transcend partisan politics and this is an issue of basic human rights; the right to be free from domestic violence and to pursue your dreams and aspirations without the need to keep looking over your shoulder.”— 2015-12-03View Hansard
Supported the bill, highlighting the particularly high rates of domestic violence applications in North Queensland regions and the importance of ouster conditions for victims with disability and in remote Indigenous communities.
“I do not want to see another life lost at the hands of a loved one.”— 2015-12-03View Hansard
Supported the bill, noting the Gold Coast has the busiest domestic violence court in Queensland, and shared her mother's experience volunteering at a St Vincent de Paul safe house.
“Together we are committed to working to address the scourge that is domestic and family violence in our community.”— 2015-12-03View Hansard
Supported the bill and focused on the importance of ouster conditions for providing stability to children in domestic violence situations, particularly regarding school continuity.
“Ensuring that we provide as much stability through keeping them in their family home close to their support networks and close to their school and their school friends is a way that we can provide additional protection and support for families who are experiencing domestic violence.”— 2015-12-03View Hansard
Supported the bill and highlighted local domestic violence support services in his electorate including WAVSS, Maybanke, and court support services formerly provided by the Bayside Domestic Violence Initiative.
“Vulnerable women and children require support and understanding to enable them to be proactive about their situations.”— 2015-12-03View Hansard
Supported the bill and spoke about a domestic violence round table he held in his electorate for community leaders, and how his experience as a nurse helped him support patients affected by domestic violence.
“In the past, we have changed cultural behaviours and that we must join together to do it again. This bill is an important part of that process.”— 2015-12-03View Hansard
Supported the bill in a bipartisan spirit, noting police support for body worn cameras and a 30% increase in DV reporting in some Gold Coast suburbs. Highlighted the vulnerability of Indigenous women and called for more refuges.
“I am very proud it was an LNP government which commenced this task force last year and I am happy to support this Labor government's legislation.”— 2015-12-03View Hansard
Supported the bill and outlined work underway within Queensland Health to implement task force recommendations, including training for health professionals and screening for violence at public antenatal clinics.
“Together we must refuse to turn a blind eye to violence and say with a united voice that enough is enough.”— 2015-12-03View Hansard
Supported the bill and spoke about becoming a White Ribbon ambassador and co-hosting the inaugural walk for resilience in his community with The Nest, an innovative women's support organisation.
“It is very important that men themselves speak out about this abhorrent behaviour.”— 2015-12-03View Hansard
Supported the bill, citing a 26% increase in DV occurrences in the Capricornia region over five years and a round table she convened with community leaders to tackle the issue.
“Domestic and family violence is everybody's business and only by working together can we hope to eliminate it.”— 2015-12-03View Hansard
Supported the bill, emphasising its focus on protecting victims and drawing on her experience attending three domestic violence round tables in her electorate covering legal, religious, and LGBTIQ perspectives.
“Victims must come first.”— 2015-12-03View Hansard
Made a brief contribution supporting the bill, commending the provision allowing victims to remain in their homes and praising the work of local police at Coomera despite being overworked.
“There is nothing worse for children than having to move away from their friends and their school. That creates enormous disruption.”— 2015-12-03View Hansard
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