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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Domestic and Family Violence
Protection and Other
Legislation Amendment
Bill 2014
Queensland
Domestic and Family Violence Protection
and Other Legislation Amendment
Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Domestic and Family Violence Protection
Act 2012
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 177 (Contravention of domestic violence order) 4
5 Amendment of s 178 (Contravention of police protection notice) . 5
6 Amendment of s 179 (Contravention of release conditions). . . . . 5
Part 3 Amendment of Evidence Act 1977
7 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Amendment of s 132B (Evidence of domestic violence) . . . . . . . 6
Part 4 Amendment of Penalties and Sentences Act 1992
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 7
Part 5 Amendment of Victims of Crime Assistance Act 2009
11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14 Amendment of s 3 (Purposes of Act) . . . . . . . . . . . . . . . . . . . . . . 8
15 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16 Amendment of s 6 (Purposes of declaring principles) . . . . . . . . . 9
17 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7A Application of particular provisions to non-criminal
domestic violence victims. . . . . . . . . . . . . . . . . . . . . . 9
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Contents
18 Insertion of new s 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16A Application of pt 3 to non-criminal domestic violence
victims ................................. 10
19 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20A Application of ch 3 to non-criminal domestic violence
victims ................................ 10
20 Amendment of s 37 (Eligibility for assistance) . . . . . . . . . . . . . . . 11
21 Amendment of s 39 (Composition of assistance). . . . . . . . . . . . . 11
22 Amendment of sch 2 (Amounts and categories for special
assistance) ...................................... 11
23 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12
Page 2
2014
A Bill
for
An Act to amend the Domestic and Family Violence Protection
Act 2012, the Evidence Act 1977, the Penalties and Sentences
Act 1992 and the Victims of Crime Assistance Act 2009 for
particular purposes
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Domestic and Family Violence 4
Protection and Other Legislation Amendment Act 2014. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Domestic and 8
Family Violence Protection Act 9
2012 10
Clause 3 Act amended 11
This part amends the Domestic and Family Violence 12
Protection Act 2012. 13
Clause 4 Amendment of s 177 (Contravention of domestic violence 14
order) 15
Section 177(2), penalty-- 16
insert-- 17
(aa) if the contravention involved physical 18
violence to the aggrieved--120 penalty 19
units or 3 years imprisonment; or 20
Page 4
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Part 2 Amendment of Domestic and Family Violence Protection Act 2012
[s 5]
Clause 5 Amendment of s 178 (Contravention of police protection 1
notice) 2
Section 178(2), penalty-- 3
omit, insert-- 4
Maximum penalty-- 5
(a) if the contravention involved physical 6
violence to the aggrieved--120 penalty 7
units or 3 years imprisonment; or 8
(b) in any other case--60 penalty units or 2 9
years imprisonment. 10
Clause 6 Amendment of s 179 (Contravention of release 11
conditions) 12
Section 179(2), penalty-- 13
omit, insert-- 14
Maximum penalty-- 15
(a) if the contravention involved physical 16
violence to the aggrieved--120 penalty 17
units or 3 years imprisonment; or 18
(b) in any other case--60 penalty units or 2 19
years imprisonment. 20
Page 5
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Part 3 Amendment of Evidence Act 1977
[s 7]
Part 3 Amendment of Evidence Act 1
1977 2
Clause 7 Act amended 3
This part amends the Evidence Act 1977. 4
Clause 8 Amendment of s 132B (Evidence of domestic violence) 5
(1) Section 132B(1), from `offence'-- 6
omit, insert-- 7
offence-- 8
(a) defined in the Criminal Code, chapters 28 to 9
30; or 10
(b) otherwise involving, wholly or partly, 11
domestic violence committed, or alleged to 12
have been committed, by the person. 13
(2) Section 132B(2), `Relevant'-- 14
omit, insert-- 15
If subsection (1)(a) applies, relevant 16
(3) Section 132B-- 17
insert-- 18
(2A) If subsection (1)(b) applies, relevant evidence of 19
the history of the domestic relationship between 20
the defendant and the person against whom the 21
domestic violence was directed is admissible in 22
evidence in the proceeding. 23
(4) Section 132B(3)-- 24
insert-- 25
domestic violence see the Domestic and Family 26
Violence Protection Act 2012, section 8. 27
Page 6
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Part 4 Amendment of Penalties and Sentences Act 1992
[s 9]
Part 4 Amendment of Penalties and 1
Sentences Act 1992 2
Clause 9 Act amended 3
This part amends the Penalties and Sentences Act 1992. 4
Clause 10 Amendment of s 9 (Sentencing guidelines) 5
(1) Section 9-- 6
insert-- 7
(2A) To remove any doubt, it is declared, for 8
subsection (2)(f), that-- 9
(a) an aggravating factor includes that the 10
offence involved, wholly or partly, domestic 11
violence committed by the offender 12
unless-- 13
(i) the offence is manslaughter because of 14
the application of section 304B of the 15
Criminal Code; or 16
(ii) the victim of the offence has otherwise 17
committed domestic violence against 18
the offender in the course of an abusive 19
domestic relationship; and 20
(b) a mitigating factor does not include that the 21
offence involved, wholly or partly, domestic 22
violence committed by the offender unless 23
the victim of the offence has committed 24
domestic violence against the offender in 25
the course of an abusive domestic 26
relationship. 27
(2) Section 9(13)-- 28
insert-- 29
abusive domestic relationship see the Criminal 30
Code, section 304B(2). 31
Page 7
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Part 5 Amendment of Victims of Crime Assistance Act 2009
[s 11]
domestic violence see the Domestic and Family 1
Violence Protection Act 2012, section 8. 2
Part 5 Amendment of Victims of 3
Crime Assistance Act 2009 4
Clause 11 Act amended 5
This part amends the Victims of Crime Assistance Act 2009. 6
Clause 12 Amendment of long title 7
Long title, after `crime'-- 8
insert-- 9
and domestic violence 10
Clause 13 Amendment of s 1 (Short title) 11
Section 1, after `Crime'-- 12
insert-- 13
and Domestic Violence 14
Clause 14 Amendment of s 3 (Purposes of Act) 15
Section 3-- 16
insert-- 17
(4) In this section-- 18
act of violence includes behaviour that is 19
domestic violence but does not constitute an 20
offence. 21
victim includes a non-criminal domestic violence 22
victim. 23
Page 8
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Part 5 Amendment of Victims of Crime Assistance Act 2009
[s 15]
Clause 15 Amendment of s 4 (Definitions) 1
Section 4-- 2
insert-- 3
(2) For this Act's application in relation to a 4
non-criminal domestic violence victim, a word 5
defined in the dictionary is taken to include any 6
references necessary for the application. 7
Clause 16 Amendment of s 6 (Purposes of declaring principles) 8
Section 6-- 9
insert-- 10
(2) In this section-- 11
victim includes a non-criminal domestic violence 12
victim. 13
Clause 17 Insertion of new s 7A 14
Chapter 2, part 2-- 15
insert-- 16
7A Application of particular provisions to 17
non-criminal domestic violence victims 18
(1) The following provisions apply in relation to a 19
non-criminal domestic violence victim-- 20
(a) section 8 (Fair and dignified treatment); 21
(b) section 9 (Privacy of victim); 22
(c) section 10 (Information about services). 23
(2) In those provisions, a reference to a victim 24
includes a reference to a non-criminal domestic 25
violence victim. 26
Page 9
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Part 5 Amendment of Victims of Crime Assistance Act 2009
[s 18]
Clause 18 Insertion of new s 16A 1
Chapter 2, part 3-- 2
insert-- 3
16A Application of pt 3 to non-criminal domestic 4
violence victims 5
(1) This part applies in relation to a non-criminal 6
domestic violence victim. 7
(2) In this part, a reference to a victim includes a 8
reference to a non-criminal domestic violence 9
victim. 10
Clause 19 Insertion of new s 20A 11
Chapter 3, part 1-- 12
insert-- 13
20A Application of ch 3 to non-criminal domestic 14
violence victims 15
(1) This chapter applies in relation to a non-criminal 16
domestic violence victim. 17
(2) In this chapter-- 18
(a) a reference to a victim includes a reference 19
to a non-criminal domestic violence victim; 20
and 21
(b) a reference to an act of violence includes a 22
reference to non-criminal domestic violence 23
behaviour; and 24
(c) a reference to a crime includes a reference to 25
an act or omission constituting non-criminal 26
domestic violence behaviour. 27
(3) This chapter does not entitle a secondary victim 28
of non-criminal domestic violence behaviour to 29
the payment of financial assistance. 30
Page 10
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Part 5 Amendment of Victims of Crime Assistance Act 2009
[s 20]
Clause 20 Amendment of s 37 (Eligibility for assistance) 1
Section 37-- 2
insert-- 3
(2) For this part's application in relation to a 4
non-criminal domestic violence victim, for the 5
components of assistance mentioned in section 6
39(1)(a) to (g), the victim need not have been 7
injured, but must have suffered harm, to be 8
eligible for assistance. 9
Clause 21 Amendment of s 39 (Composition of assistance) 10
Section 39-- 11
insert-- 12
(2) For this section's application in relation to a 13
non-criminal domestic violence victim, a 14
reference in subsection (1)(g) to exceptional 15
circumstances existing for the victim includes a 16
reference to non-criminal domestic violence 17
behaviour directed at a non-criminal domestic 18
violence victim. 19
Clause 22 Amendment of sch 2 (Amounts and categories for special 20
assistance) 21
Schedule 2-- 22
insert-- 23
5 Application of sch 2 to non-criminal domestic 24
violence victims 25
(1) This schedule applies in relation to a 26
non-criminal domestic violence victim. 27
(2) In this schedule, a reference to a category D act 28
of violence includes a reference to non-criminal 29
domestic violence behaviour. 30
Page 11
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014
Part 5 Amendment of Victims of Crime Assistance Act 2009
[s 23]
Clause 23 Amendment of sch 3 (Dictionary) 1
Schedule 3-- 2
insert-- 3
domestic violence see the Domestic and Family 4
Violence Protection Act 2012, section 8. 5
non-criminal domestic violence behaviour 6
means behaviour that is domestic violence but 7
does not constitute an offence. 8
non-criminal domestic violence victim means a 9
person against whom non-criminal domestic 10
violence behaviour is directed if-- 11
(a) the behaviour is the subject of an 12
investigation by a police officer under the 13
Domestic and Family Violence Protection 14
Act 2012, section 100; and 15
(b) the police officer does a thing mentioned in 16
that Act, section 100(2)(a), (c), (d) or (e). 17
Note-- 18
The things mentioned in those provisions are-- 19
· an application to a court for a protection 20
order or temporary protection order; and 21
· the issue of a police protection notice 22
(which is taken to be an application for a 23
protection order); and 24
· taking the perpetrator into custody (which 25
then obliges the officer to apply for a 26
protection order). 27
·
Authorised by the Parliamentary Counsel
Page 12
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