December 1, 2025
Member for Nanango, Attorney-General Deb Frecklington, has responded to a petition calling for “Castle Law” by reminding petitioners they already have a right to defend themselves and their property with “reasonable force”.
A paper petition and ePetition, sponsored by then-Katter’s Australia Party MP Nick Dametto, attracted more than 114,000 signatures requesting the State Government “do all in its power to legislate Castle Law in Queensland”:
The petition stated:
“Queenslanders do not feel safe in their own homes knowing that offenders have more rights than occupants. Every Queenslander deserves the right to protect themselves, their loved ones, and their property.
“Currently, in Queensland if a person chooses to defend themselves or others during a home invasion they may only use force that is reasonably necessary in all of the circumstances. What is reasonable in all of the circumstances is open to a broad interpretation. Homeowners who carry out self-defence may end up facing criminal charges such as assault, or in extreme cases, murder.
“The current self-defence laws are inadequate and force victims to second-guess their actions when faced with a split-second, life-threatening situation.
“Good laws should be in place to protect good people. Introducing Castle Law in Queensland would give victims the right to use whatever force necessary to protect themselves, others within the premises and their property if faced with an intruder(s). Castle Law (or the Castle Doctrine) is a principle grounded in the fundamental right to self-defence. A Queenslander’s home is their castle.”
Mrs Frecklington’s response stated that the criminal law in Queensland “does not penalise those who act reasonably to protect themselves”.
“The Criminal Code provides a number of defences that allow Queenslanders to use reasonable force to defend themself (sic), their property, and other people. Two such provisions are the defence of dwelling under Section 267 and self-defence against unprovoked assault under Section 271.
“Self-defence against unprovoked assault permits a person who is unlawfully assaulted and has not provoked the assault, to use force reasonably necessary to defend themselves, provided it is not intended or likely to cause death or grievous bodily harm (GBH).
“However, they may use force necessary to defend themselves, even if it may cause death or GBH, if the assault causes the person to reasonably fear death or GBH and they believe they cannot otherwise defend themself. The law of self-defence is drafted broadly to operate flexibly in a wide range of possible scenarios.
“Defence of dwelling allows persons in possession of a dwelling to use force to prevent or repel another person from unlawfully entering or remaining in the dwelling. The person must believe on reasonable grounds the other person is attempting to enter or remain in the dwelling with intent to commit an indictable offence (such as assault or stealing), and it is necessary to use that force.
“The court also recognises a person defending their home cannot always weigh the exact action they should take to avoid a threat and that they are unlikely to have an opportunity for calm deliberation or detached reflection.
“The court’s consideration of whether the defence applies is approached in a practical way taking into account the particular situation.
“It is not necessary for the defendant to prove defence of dwelling or self-defence, rather the prosecution must exclude or negate the defence, beyond reasonable doubt, to establish that the person acted unlawfully.
“The Queensland Law Reform Commission (QLRC) is currently undertaking a review of particular criminal defences under the Criminal Code, including self-defence.
“The QLRC is due to deliver its final report on December 1, 2025, and the government will consider the recommendations of the report, including any recommended changes to self-defence.
“Finally, the Crisafulli Government is committed to making Queensland safer. We have introduced laws for Adult Crime, Adult Time to ensure youths who commit offences are appropriately punished in line with community expectations, after a decade of decline under Labor’s weak laws. Further, to ensure Queenslanders feel safe, the Crisafulli Government has grown its police force by 453 officers in its first 12 months of government. This is in comparison to Labor which recruited only 174 officers in its last four years of government.”
Footnote. Former State MP Nick Dametto was elected Mayor of Townsville in November after resigning from Katter’s Australia Party.
If these laws were just. People shouldn’t be getting arrested. The laws as they stand currently favour the perp. They get out on bail while the owner of property has to prove their innocence. This is NOT acceptable and the laws need to favour property owners. If lethal force is allowed, it would deter.