Queensland Introduces Domestic Violence Bill To Implement Taskforce Recommendations
Thursday 17 September 2015 @ 11.55 a.m. | Crime | Legal Research
Earlier this week, Queensland Attorney-General Yvette D’Ath introduced the Criminal Law (Domestic Violence) Amendment Bill 2015 into Parliament. The Bill aims to “increase accountability of perpetrators of domestic and family violence” while also increasing “protection for victims of family and domestic violence”.
The Bill implements three of the recommendations from the Special Taskforce on Domestic and Family Violence that was led by Quentin Bryce. TimeBase has previously written on the Queensland Government’s adoption of all 121 recommendations from the report earlier this year.
Background to the Bill
Introducing the Bill, the Attorney-General told Parliament:
“Domestic and family violence affects women, men, children and families from all sections of society. It is a scourge upon our community. Everyone has the right to feel safe and be safe in public and at home. Domestic and family violence often perpetrated at home in private should be just as concerning to us as a community as crime in the streets. It cannot be accepted or excused and can only be eradicated if we respond together as a community. Despite efforts to reduce domestic and family violence, on average, two women die each week in Australia at the hands of a violent partner, husband or father. It is clear that more needs to be done or that things need to be done differently.”
Amendments Contained in the Bill
The Bill amends the Queensland Criminal Code, the Domestic and Family Violence Protection Act 2012, the Evidence Act 1977, the Justices Act 1886 and the Penalties and Sentences Act 1992. According to the Explanatory Note, the Bill makes three major changes:
- increasing maximum penalties for breaches of domestic violence orders under the Domestic and Family Violence Protection Act 2012 (Taskforce Recommendation 121);
- enabling charges for criminal offences to indicate that they occurred in a domestic violence context and providing that convictions for domestic violence offences be noted on a person’s criminal history (Taskforce Recommendation 119); and
- amending the Evidence Act 1977 to ensure the availability of protections for special witnesses apply to all victims of domestic violence (Taskforce Recommendation 133).
Under the Bill, the maximum penalty for a first offence of breaching a domestic violence order would increase from two to three years imprisonment. Where a previous breach has occurred in the last five years, the maximum penalty will increase from three to five years.
Reaction from Parliament
Premier Annastacia Palazczuk told ABC News her message to potential offenders was:
“Take your DVO seriously or you will be locked up for a long time… If you are willing to wreck someone's life through an act of domestic violence it will be recorded and it will be with you for the rest of your life.”
As well as the criminal law changes, the Attorney-General also introduced the Coroners (Domestic and Family Violence Death Review and Advisory Board) Amendment Bill 2015, which would establish an independent body to review domestic and family violence related deaths.
The Opposition has said it will support the measures. The Bills have been referred to the Communities, Disability Services and Domestic and Family Violence Prevention Committee for evaluation.
ABC News also reported that further changes arising from the recommendations will be introduced later this year.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
Sources:
Criminal Law (Domestic Violence) Amendment Bill 2015, Explanatory Notes & Explanatory Speech
Coroners (Domestic and Family Violence Death Review and Advisory Board) Amendment Bill 2015, Explanatory Notes & Explanatory Speech
