Domestic & Family Violence Laws in Queensland

In Queensland, Australia, the definition of ‘domestic and family violence’ is broad, encompassing a wide range of situations.

In general, domestic violence is behavior that in any way controls or dominates a family member and causes them to fear for their safety or well being. It can include not only physical and sexual violence, but also emotional, psychological, and financial abuse. In addition to these, threatening behavior, coercion, stalking, and damage to property are all now included in the definitions of domestic violence in Queensland.

The current law regarding domestic violence in Queensland is laid out in the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023. This law has been enacted with the aim of strengthening protections for victims of domestic violence.

The main changes brought by this law include:

1. Expanding the definition of domestic and family abuse to include a “pattern of behaviour” and strengthening the offence of stalking.
2. Enhancing the court’s ability to consider previous domestic violence or criminal history when deciding whether to make a domestic violence order and award costs in civil domestic violence matters, to prevent further abuse of victims.
3. Laying the groundwork for the criminalisation of coercive control, a form of abuse that involves a pattern of behaviour over time, rather than isolated incidents. This law is expected to be enacted in 2024.
4. Modernising the offence of unlawful stalking in the Criminal Code to better encompass the broad range of tactics used by perpetrators.
5. Strengthening the court’s response to cross applications for protection orders to ensure the protection of the person most at risk.
6. Broadening the court’s ability to award costs in civil domestic violence matters to help prevent the use of the legal process to further abuse victims.
7. Strengthening the consideration of previous domestic violence or criminal history when deciding whether to make a domestic violence order.
8. Bringing domestic violence complainants and other witnesses within the protected witness scheme.
9. Providing for the giving of jury directions and facilitating expert evidence on domestic violence in criminal law trials.

Police Powers Regarding Domestic Violence

In terms of how police may respond to allegations of domestic violence in Queensland, the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 in Queensland increases police powers. Some changes introduced by this legislation include:

• Modernising and strengthening the offence of unlawful stalking in the Criminal Code to better capture the broad range of tactics used by perpetrators.
• Broadening the definition of domestic and family violence to include behaviour that occurs over time and should be considered in the context of the whole relationship.
• Strengthening the court’s response to cross applications for protection orders to ensure the protection of the person most at risk.
• Broadening the court’s ability to award costs to help prevent using the legal process to further abuse victims.
• Strengthening the consideration of previous domestic violence or criminal history.
• Bringing domestic violence complainants and other witnesses within the protected witness scheme.
• Allowing for the giving of jury directions and expert evidence on domestic violence.

While these changes may indirectly affect police responsibilities, particularly in terms of recognising and responding to expanded definitions of domestic violence, the specific ways in which these laws modify police powers or responsibilities aren’t explicitly detailed in the available information.

If you think you may be in danger, contact police without delay by phoning 000.