The State Government has moved to tighten domestic violence laws in Queensland by changing court procedures and simplifying processes for police.
Domestic Violence Orders (DVOs) will also be extended to a minimum of five years.
Prevention of Domestic and Family Violence Minister Shannon Fentiman said the legislative amendments would deliver more tailored support to keep victims of violence safe and strengthen the police and justice response to family violence.
Changes proposed by the Bill include:
- Simplifying processes for police so they can provide enhanced protection immediately to victims and for the first time, children, through expanded Police Protection Notices;
- Clarifying that a court may make a DVO when a victim has been threatened or has fears for their safety or well-being;
- Provide for the future implementation of automatic recognition of DVOs across Australia under a National Domestic Violence Order Scheme;
- Courts will be required to consider if more tailored conditions need to be included in a DVO;
- Protection orders will remain in place for a minimum of five years unless the court is satisfied there are reasons for a shorter order being made;
- Courts will be required to consider any family law orders when making a DVO to minimise inconsistency between the orders and may use their powers to modify family law orders if necessary; and
- A comprehensive information sharing framework will be established to ensure that agencies providing specialist domestic and family violence services and prescribed entities can share information appropriately with each other to assess and manage risk.
Attorney-General Yvette D’Ath said the changes would require magistrates to issue DVOs for a minimum of five years unless there were reasons for a shorter order.
“Courts will be required to consider if additional conditions need to be included and determine the appropriate duration of a protection order based on the protection that a victim and their family needs,” Mrs D’Ath said.
“The amendments will increase penalties for perpetrators who breach release conditions or the conditions of a Police Protection Notice.”
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Shadow Minister for Domestic and Family Violence Prevention Ros Bates said while the State Government announcement focused on the length of time and coverage of domestic violence orders, it was more important that orders were enforced in courts.
“Domestic violence orders are not worth the paper they are written on if the consequences of breaching these orders is not enforced,” Ms Bates said.
“In 2014/15 we saw more than 16,600 breaches of domestic violence orders recorded by police, an increase of 14 per cent from the previous year.
“This is a clear indication that those who breach an order are often getting away with a slap on the wrist and courts are struggling.
“This year alone there have been nine deaths across the State, which all Queenslanders would agree is nine deaths too many.
“No one should have to live in fear of violence, so if these orders aren’t being complied with, we need to do more.”
The Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016 will be introduced into Parliament this week.
