New Domestic Violence Acts in QLD
Tuesday 27 October 2015 @ 12.29 p.m. | Crime | Legal Research
Late last week (22 October 2015), QLD passed two new domestic violence acts which increase the accountability of perpetrators of domestic violence, increase the protection for victims and establish the Domestic and Family Violence Death Review and Advisory Board.
Background to the Acts
As stated in our previous TimeBase article, the two Acts are a result of implementing three of the recommendations from the Special Taskforce on Domestic and Family Violence that was led by Quentin Bryce.
The main Bill, the Criminal Law (Domestic Violence) Amendment Bill 2015, underwent minor amendments during debate stage in Parliament in order to:
- insert a commencement provision so that sections 4 and 5 and parts 5 and 6 of the Bill commence on 1 December 2015;
- amend the definition of domestic violence offence in clause 7 to correct a drafting error;
- clarify that the power of the court under new section 12A (clause 18) to make notations is exercised by the sentencing judge or magistrate post-conviction; and
- clarify that a conviction under the DVFP Act will enliven the provisions to make a previous offence notation under new section 12A (clause 18).
Criminal Law (Domestic Violence) Amendment Act 2015 (No. 17 of 2015)
The objectives of the Act are to:
- increase accountability of perpetrators of domestic and family violence; and
- increase protection for victims of domestic and family violence
The Act will commence on 1 December 2015 and inserts new definitions and offences into the Criminal Code Act (QLD); Domestic and Family Violence Protection Act 2012 (QLD); Evidence Act 1977 (QLD); Justices Act 1886 (QLD) and Penalties and Sentences Act 1992 (QLD).
Coroners (Domestic and Family Violence Death Review and Advisory Board) Amendment Act 2015 (No. 18 of 2015)
The objectives of the Act are to:
- establish an independent body to review, at a systemic level, domestic and family violence related deaths; and
- set out the membership, functions and powers of the review body
The Act does this by inserting a new Part 4A into the Coroner Act 2003 (QLD) covering the Domestic and Family Violence Death Review and Advisory Board. This Act also commences on a day to be fixed by proclamation.
Other Recommendations from the Taskforce to be Implemented
The Queensland Government has also signposted further amendments which will be made to QLD Legislation in the coming sitting periods in Parliament.
Under the recommendations, strangulation would become a separate crime, while an education response, teaching children about respectful relationships, will also be introduced.
The State's police have also been ordered to prioritise attention for anyone who approaches front-counter staff on domestic violence related matters, as well as mandatory quality checks on the responses to over-the-counter requests for assistance and stakeholder departments have also been asked to consider what changes can be made to their procedures to better help victims of domestic violence.
Furthermore, the QLD State Goverment has also proposed "ouster conditions" which would make it mandatory for magistrates to consider evicting perpetrators to establish a secure and familiar environment for victims.
Premier Annastacia Palaszczuk said the laws would help prevent victims of domestic violence victims having to flee homes, work and schools to escape their abusers.
“It makes sense that if it is safe to do so and with the appropriate support, victims who wish to stay in their home can do so and the perpetrator leaves.”
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 Act 2015 (No. 17 of 2015) and Coroners (Domestic and Family Violence Death Review and Advisory Board) Amendment Act 2015 (No. 18 of 2015) as reproduced in TimeBase LawOne
