False

Call for Submissions

Submissions closed on Friday, 18 July 2014.

Guidelines on how to make a submission are available here.

Objective of the Bill

The objective of the Bill is to make various amendments to increase penalties for offenders who commit breaches of domestic and family violence orders, and to provide financial and practical support for victims of domestic and family violence. The Bill amends:

• the Domestic and Family Violence Protection Act 2012 to increase the penalties for offenders who breach domestic violence orders, protection notices or release conditions for offenders where that breach involves acts of physical violence;
• the Evidence Act 1977 to make admissible evidence of the history of domestic violence in a court proceeding where the offender and victim are involved in a domestic or family relationship;
• the Penalties and Sentences Act 1992 to change the sentencing guidelines to provide that where offences involve domestic or family violence, that is to be considered an aggravating factor at sentencing. Offenders will not be able to successfully argue that the fact that the act of violence was committed in a domestic or family relationship as a mitigating factor in any sentence of the court. If the offender can satisfy the court that they were previously the victim of the offender in an abusive domestic relationship, the court will not be required to apply the circumstance of aggravation when sentencing the offender;
• the Victims of Crime Assistance Act 2009 to ensure that the fundamental principles of fair and dignified treatment, privacy and information to victims applies to victims of domestic violence, and that all victims of domestic violence, including non-criminal domestic violence, can obtain assistance under the victims of crime assistance scheme.

Other Information

The Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014 and Explanatory Notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Hansard transcript of the explanatory speech for the Bill can be accessed here.

Public Hearing

The Committee has resolved not to hold a public hearing on the Bill.

Reasons for the Bill

Across Queensland, incidents of domestic and family violence increased by around 10% over the last year. Steps must be taken to reduce the incidence of domestic violence in our community, and to support victims of domestic violence. This Bill also aims to make sensible amendments to clarify that victims of domestic violence, whether criminal or non-criminal violence, shall be eligible for the compensation and services that are available to all victims of crime in Queensland.

Referral

On 22 May 2014 the Member for Inala and Leader of the Opposition, Hon. Ms Annastacia Palaszczuk MP, introduced the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014 into the Queensland Parliament.  In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee (the Committee) for detailed consideration.

In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee (the Committee) for detailed consideration. Under Standing Order 136(1), the Committee must report to the Parliament on or before 24 November 2014.

Report

On 21 November 2014, the Committee tabled its Report No. 81, Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014. A copy of the report is available here or can be accessed at Related Publications.

As the Committee made a single recommendation for the Legislative Assembly to not pass the Bill, there is no requirement for the Government to table a response.