Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016

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

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced16 Aug 2016View Hansard
First Reading16 Aug 2016View Hansard
Committee16 Aug 2016View Hansard

Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee

Committee Findings
Recommended passage

The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the bill over seven weeks, receiving 20 submissions and holding public hearings. The committee recommended the bill be passed, noting broad stakeholder support for the reforms implementing outstanding recommendations from the Not Now, Not Ever Taskforce. The committee also recommended a minor drafting correction to clause 63. Non-government members filed a Statement of Reservation raising concerns about the adequacy of court and police resourcing to handle the expected increase in applications.

Key findings (5)
  • The bill implements outstanding recommendations from the Special Taskforce on Domestic and Family Violence in Queensland, building on earlier bipartisan legislative reforms
  • Stakeholders provided broad support for the proposals, with feedback reflected in the final bill following extensive consultation with 35 key domestic and family violence and legal stakeholders
  • The Queensland Law Society raised significant concerns about court resourcing, describing Southport Magistrates Court as a 'war zone' due to the massive spike in DFV applications and breaches
  • The bill enhances police protection notices, expands information sharing between agencies, implements the National Domestic Violence Order Scheme for automatic mutual recognition of interstate orders, and increases perpetrator accountability
  • A minor drafting error was identified in clause 63 where a reference to the Police Powers and Responsibilities Act should have referred to the Domestic and Family Violence Protection Act 2012
Recommendations (2)
  • The committee recommends the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016 be passed.
  • The committee recommends that new section 610(4) of the Police Powers and Responsibilities Act 2000, as inserted by clause 63, be amended to refer to the Domestic and Family Violence Protection Act 2012.
Dissenting views: Non-government members (Mark McArdle MP, Sid Cramp MP, and David Janetzki MP) filed a Statement of Reservation raising concerns about the adequacy of court and police resourcing. They highlighted the Queensland Law Society president's evidence about the 'massive spike' in DFV applications at Southport Magistrates Court and urged the government to outline a clear timeline and funding plan to ensure courts and police are properly resourced to handle the expected growth in applications arising from this and earlier bills.
AI-generated summary — may contain errors
Committee Report4 Oct 2016

Committee report tabled

Second Reading11 Oct 2016View Hansard
25 members spoke24 support1 mixed
12.40 pmHon. SM FENTIMANSupports

As Minister for the Prevention of Domestic and Family Violence, introduced and championed the bill implementing Not Now, Not Ever taskforce recommendations including expanded police protection notices, national recognition of DVOs, and information sharing between agencies.

This bill is the next stage of legislative reforms to implement the recommendations of the Special Taskforce on Domestic and Family Violence in Queensland.2016-10-11View Hansard
12.43 pmHon. SM FENTIMANSupports

Minister for Prevention of Domestic and Family Violence introduced the bill, outlining reforms to improve police protection notices, enable information sharing between agencies, extend protection order durations, and enable Queensland's participation in the National Domestic Violence Order Scheme.

The Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016 builds on the priority legislative reforms that have already been progressed by the Palaszczuk government. It includes further changes to better protect victims and their families, hold perpetrators to account for their actions and support integrated responses.2016-08-16View Hansard
12.50 pmMs BATESMixed

As shadow minister for domestic and family violence prevention, supported the bill's objectives and moved an amendment requiring courts to give reasons for making orders of less than five years, but heavily criticised the government's failure to adequately resource services and courts.

Labor still has not put forward a real plan to reduce domestic violence in our communities. It has talked it up to a point where it has reached crisis point, but it has no plan to address the issue.2016-10-11View Hansard
2.50 pmMs LINARDSupports

As committee chair, supported the bill which strengthens police and justice response to domestic violence and demands further accountability for perpetrators, particularly welcoming the mutual recognition of DVOs across Australian jurisdictions.

I rise to speak in support of the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016. Already this term four priority bills have been debated and passed in this House to improve our current legal and justice system response to domestic and family violence.2016-10-11View Hansard
3.08 pmMr McARDLESupports

Supported the bill while raising concerns about impacts on children witnessing violence, strains on the court system, and asked the minister about training, resourcing and data security under the new information-sharing provisions.

The bill provides additional layers of protection that are needed in our modern society but brings with it obligations that are additional to those imposed upon our courts and our police.2016-10-11View Hansard
3.18 pmMr KELLYSupports

Supported the bill after consulting with police officers about its practical effects, commending the bipartisan community response and highlighting provisions for expanded police protection notices and enhanced information sharing.

This bill is another important step in our bipartisan community response to domestic violence, and I commend the bill to the House.2016-10-11View Hansard
3.31 pmMr CRAMPSupports

Supported the bill, sharing his own childhood experience of domestic violence for the first time in parliament, and supporting the statement of reservation calling for adequate resourcing of police and courts.

As regulators we must do all we can to provide a strong legal framework to empower our law enforcement and enable our social care workers.2016-10-11View Hansard
3.43 pmMs FARMERSupports

Supported the bill and defended the government's record on implementing Not Now, Not Ever recommendations, criticising the shadow minister for politicising the issue.

I rise to speak in support of the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016, just as I have done on all of the bills relating to the implementation of the recommendations of the Not now, not ever task force.2016-10-11View Hansard
3.53 pmMr JANETZKISupports

Supported the bill as an appropriate and logical next legislative step, highlighting Toowoomba's community response and encouraging more specialist courts and Family Court resources.

This afternoon I rise to make a contribution to the debate in relation to the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016.2016-10-11View Hansard
4.12 pmHon. SJ MILESSupports

Strongly supported the bill as Minister, emphasising that domestic violence is fundamentally about control and calling on men to challenge disrespect and violence against women.

We need stronger laws that recognise just how dangerous and life-destroying domestic violence is for its victims.2016-10-11View Hansard
4.18 pmMr WALKERSupports

As shadow Attorney-General, made a brief contribution supporting the bill and the member for Mudgeeraba's amendment requiring courts to give reasons when making protection orders for less than five years.

Not only do I support the bill but also I particularly support that amendment.2016-10-11View Hansard
4.21 pmMr MADDENSupports

As a family law solicitor with over 20 years' experience, supported the bill as improving protections for victims and strengthening the justice response.

Every one of us has a right to feel safe and be safe in public and at home. Domestic and family violence is often perpetrated at home in private, but it should be just as concerning to the community as crimes committed in the streets.2016-10-11View Hansard
4.27 pmMr POWELLSupports

Supported the bill, focusing on duration of protection orders and arguing that five years should be the norm with longer orders possible, including potentially until the youngest child in the family turns 18.

I too rise to speak in support of this important piece of legislation that is before the House this afternoon.2016-10-11View Hansard
4.36 pmMrs GILBERTSupports

Supported the bill, sharing the story of a Mackay constituent whose intergenerational experience of domestic violence illustrates the need for greater information sharing and tailored protection.

It gives me much pride to stand here today to speak in support of another bill to help stamp out the scourge of domestic violence in our state.2016-10-11View Hansard
4.41 pmMs SIMPSONSupports

Supported the bill, particularly the information-sharing provisions and the amendment requiring courts to give written reasons for orders less than five years.

Violence and abuse is never acceptable... I support the Family Violence Protection and Other Legislation Amendment Bill 2016.2016-10-11View Hansard
4.48 pmMs BOYDSupports

Supported the bill which implements recommendations 78, 90, 99, 112, 120 and 140 of Not Now, Not Ever, particularly welcoming the integrated response and national DVO recognition.

I rise today to speak in support of the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016.2016-10-11View Hansard
4.55 pmDr ROBINSONSupports

Supported the bill and commended the former LNP government for establishing the Special Taskforce, highlighting local domestic violence services in Redlands.

I rise to address the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016. I am proud to stand up once again in the parliament to participate in the debate about domestic and family violence.2016-10-11View Hansard
5.05 pmMr FURNERSupports

Supported the bill, speaking as a White Ribbon ambassador about generational change through respect-based education in schools.

I rise this afternoon to support the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016.2016-10-11View Hansard
5.11 pmDr ROWANSupports

As a medical professional, offered bipartisan support for the bill and the Bates amendment, acknowledging the member for Gaven's personal contribution and discussing how to recognise the signs of domestic violence.

Today, in a spirit of bipartisanship, I offer my support for the Domestic and Family Violence Protection and Other Legislation Amendment Bill.2016-10-11View Hansard
5.18 pmHon. MC de BRENNISupports

Supported the bill as Minister for Housing and Public Works, highlighting complementary reforms to tenancy laws that protect domestic violence victims from being blacklisted.

This government is committed to the prevention of domestic and family violence and to supporting women and their children to escape the horrors of that violence.2016-10-11View Hansard
5.24 pmMiss BARTONSupports

Made a brief contribution in support of the bill, acknowledging the shadow minister's advocacy and the need for specialist court resources on the Gold Coast.

This evening I rise to make a brief contribution to the debate on the Domestic and Family Violence Protection and Other Legislation Amendment Bill.2016-10-11View Hansard
5.29 pmHon. YM D'ATHSupports

As Attorney-General, supported the bill and outlined significant justice resources being dedicated including duty lawyer schemes, Southport specialist court, Legal Aid increases and $20 million for courts over 10 years.

It is my pleasure to rise to give support to the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016.2016-10-11View Hansard
5.35 pmMr MINNIKINSupports

Supported the bill in a spirit of bipartisanship, citing alarming statistics on domestic violence calls and homicides and emphasising the national recognition of DVOs.

I am pleased to say these changes are a mature approach by both the government and the opposition and I am proud to see everyone here today working in a bipartisan manner.2016-10-11View Hansard
5.45 pmMr HARPERSupports

Supported the bill, sharing personal experience of domestic violence pulling his family apart and his experience as a paramedic attending harrowing domestic violence scenes in Townsville.

I rise today to speak to and support the Domestic and Family Violence Protection and Other Legislation Amendment Act 2016. At the very heart of this bill is an intent to ensure the safety of domestic violence victims and their children.2016-10-11View Hansard
5.51 pmHon. LE DONALDSONSupports

Supported the bill as Minister for Agriculture, drawing on 20 years in the child safety sector and highlighting Edon Place in Bundaberg and the unique challenges for rural and regional women.

I rise to speak in favour of the Domestic and Family Violence Protection and Other Legislation Amendment Bill. I am pleased to have the opportunity to support this legislation, which will ensure the protection of victims of domestic violence and hold aggressors to account.2016-10-11View Hansard
In Detail11 Oct 2016View Hansard
Opposition amendmentPassed

Amendment to clause 17 (Replacement of s 97 (End of protection order)) inserting a new subsection (4) requiring the court to give reasons for making a protection order that continues in force for a period of less than 5 years.

Moved by Ms BATES
Government amendmentPassed

Amendment to clause 63 (Amendment of s 610 (Police actions after domestic violence order is made)) inserting the word 'Protection' to correct a drafting error referring to 'Domestic and Family Violence Act 2012' instead of 'Domestic and Family Violence Protection Act 2012'.

Moved by Ms FENTIMAN
Amendment

That the amendment be agreed to

Vote on an amendment during consideration in detail of the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016, defeated 42-44 along party lines.

Defeated42 ayes – 44 noes2016-10-11

The motion was defeated.

Show individual votes

Ayes (42)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (44)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Katter(Katter's Australian Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Knuth(Katter's Australian Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)
Third Reading11 Oct 2016View Hansard
Royal Assent20 Oct 2016

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