Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016

Introduced: 16/8/2016By: Hon S Fentiman MPStatus: PASSED with amendment

Justice & Rights Safety & Emergency Children & Families

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Plain English Summary

Overview

This bill strengthens Queensland's domestic and family violence protections following the 'Not Now, Not Ever' taskforce report. It gives police more power to protect victims on the spot, makes protection orders last longer, lets agencies share information to respond to serious threats, and joins the national scheme that recognises domestic violence orders across state borders.

Who it affects

Victims of domestic and family violence get faster, broader and longer-lasting protection, including cover for their children and relatives. Alleged perpetrators face tougher on-the-spot restrictions, automatic weapons licence suspension, and higher penalties for breaches.

Key changes

Protection orders now last a default of five years instead of two, unless a court decides a shorter period is warranted
Police protection notices can now cover children, relatives and associates, and can include conditions that exclude the respondent from the home until a court hearing
Domestic violence orders from other Australian states and New Zealand are automatically recognised in Queensland with no need for victims to manually register them
Government agencies, police and specialist domestic violence services can share victim and perpetrator information without consent to assess or respond to serious threats
Breaching a police protection notice or release conditions now carries up to 3 years imprisonment or 120 penalty units (up from 2 years or 60 penalty units)
Weapons licences are automatically suspended when a person is named as the respondent in a police protection notice, and the weapons must be surrendered
Police can direct a person to move to and remain at another place for up to one hour (or two if necessary) so orders or notices can be served and explained
Courts must now consider any family law order they are aware of and whether to vary or suspend it if it conflicts with a proposed DVO

How this affects you

Justice & Rights

•Protection orders will last five years by default instead of two, so victims don't have to keep reapplyingClause 17New section 97 provides that if a court does not specify duration, the PO will continue for five years, and shorter orders require the court to be satisfied there are reasons for making a shorter order.
•Breaching a police protection notice can now land you up to three years in prison, up from twoClause 45Section 178(2) maximum penalty for contravening a PPN rises to 120 penalty units or three years imprisonment, aligning with the penalty for breaching a DVO.
•Courts must consider any family law order when making a DVO and can vary or suspend it if it clashes with protecting the victimClause 11Section 78(1) amended so the court must consider any family law order it is aware of, and must consider using its powers to revive, vary, discharge or suspend the family law order where it allows contact that may be restricted under the DVO.
•If you hold a domestic violence order made in another state or New Zealand, it's automatically enforceable in Queensland without needing to register itClause 57 (new Part 6)New Part 6 establishes the National Domestic Violence Order Scheme - interstate orders become recognised interstate orders when properly notified, with no manual registration required.

Safety & Emergency

•Police can now issue protection notices covering your children, relatives and associates, not just youClause 19 (new s 101B)New section 101B empowers police officers to name a child, other relative or associate of the aggrieved in a notice if necessary or desirable to protect them from associated domestic violence.
•Police can put a protective notice in place even if the perpetrator has fled the scene, and can include ouster or no-contact conditions that last until a court hearingClauses 19 and 24New section 101 removes the requirement that the respondent be at the same location as the officer; new section 106A lets police include cool-down, no-contact, ouster and return conditions in a PPN.
•Anyone named as a respondent in a police protection notice automatically has their weapons licence suspended and must surrender their weaponsClause 68Section 27A of the Weapons Act 1990 is amended so that if a licensee is named as the respondent in a PPN or release conditions, their licence is suspended for the duration of the PPN or conditions.
•Police can share limited information about you with a specialist support service without your consent if you are at serious risk, so help can reach you fasterClause 44 (new s 169F)New section 169F enables a police officer to refer a person to a specialist DFV service provider and share name, contact details and referral information where there is a threat to the person's life, health or safety because of domestic violence.

Children & Families

•Children living with a victim can now be named and directly protected in a police protection noticeClause 19 (new s 101B)Section 101B allows an issuing police officer to name a child (including a child who usually lives with the aggrieved) in a notice to protect them from associated domestic violence or from being exposed to domestic violence.
•Courts making a protection order must consider whether extra conditions are needed to protect children from being exposed to domestic violenceClause 7Section 57(1) amended to require courts to consider whether imposing any other condition is necessary or desirable to protect a named person who is a child from being exposed to domestic violence.
•Where a protection order and a family law contact order conflict, the court must now consider varying or suspending the family law order in the child's interestsClause 11Section 78(1) requires courts to consider using their powers under the Family Law Act 1975 (Cth) to revive, vary, discharge or suspend a family law order that allows contact between a respondent and a child that may be restricted under the proposed DVO.

Bill Journey

Introduced16 Aug 2016

First Reading

Committee

Committee Report4 Oct 2016

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent20 Oct 2016

Referenced Entities

Sectors Affected

Domestic Violence Courts Criminal Law Policing Firearms

Classified using AGIFT/ANZSIC Australian government standards

Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Places

Roles & Offices

Sectors Affected

Source Documents