Gatenby Law
  • Home
  • Our Firm
    • Our Team
    • Our Services
    • Media
    • Work with Us?
  • The Law
    • Drug Offences
    • Criminal Law
      • Assault Offences
      • Property Offences
      • Breach Offences
      • Dishonesty Offences
      • Prostitution Offences
      • Public Order Offences
      • Sexual Offences
      • OMCG and Serious Crime Offences
      • White Collar Offences
    • Traffic Offences
      • Dangerous Driving
      • Careless Driving
      • Disqualified Driving
      • Drink Driving
      • Drug Driving – Driving while relevant drug is present
      • Drug Driving – Drive under the influence of a drug
      • Speeding
      • Unlicensed Driving
      • Hooning Laws
      • Street Racing
    • Licence Applications
      • Work Licence Application
      • Removal of Licence Disqualification
      • Immediate Licence Suspension
      • Special Hardship Order
    • Domestic Violence
    • Police Interviews
    • Bail Applications
  • Contact Us
  • Resources
    • Guides
    • Publications
    • Queensland Police Stations – Contact Details
    • Criminal Convictions
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Criminal Record, Recorded Convictions and your rights.
      • Disclosure of ‘no conviction recorded’
      • Applying for a Blue Card with a Criminal Conviction.
  • FAQ’S
    • Costs / Fees
    • Courts We Attend
  • GCL Blog
  • Pages
    • Pages

      • 404
      • About
      • About Gatenby Lawyers
        • Blair Carey
        • Michael Gatenby
        • Work with Us?
      • Alcohol interlock devices
      • Applying for a Blue Card with a Criminal Conviction.
      • Articles & Media
      • Ashleigh Smith
      • Breach of Bail
      • Bree Clarke
      • Brisbane Courts
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Character Reference Guidelines – District Court
      • Character Reference Guidelines – Supreme Court
      • CHARACTER REFERENCE GUIDELINES- MAGISTRATES COURT
      • Community Based Orders
      • Community Service – Requirements of Order
      • Consorting – Relevant Offence Definitions
      • Contact Us
      • Contact Us
      • Contact Us / Criminal and Traffic Law Experts
        • Criminal Lawyers Gold Coast
      • Courts We Attend
      • Criminal Convictions
      • Criminal Law – Affray
      • Criminal Law – Aiding Suicide
      • Criminal Law – Assaults Occasioning Bodily Harm
      • Criminal Law – Common Assault
      • Criminal Law – Grievous Bodily Harm
      • Criminal Law – Malicious Acts
      • Criminal Law – Serious Assault
      • Criminal Law Services
        • Bail Applications
        • Criminal Law
          • Assault
          • Breach Offences
          • Dishonesty Offences
          • Property Offences
          • Prostitution Offences
          • Public Order Offences
          • Sexual Offences
          • White Collar Offences
        • Domestic Violence
        • Forms
        • Licence Applications
          • Immediate Licence Suspension
          • Removal of Licence Disqualification
          • Special Hardship Order
        • Police Interviews
        • Traffic Offences
          • Careless Driving
          • Dangerous Driving
          • Disqualified Driving
          • Drink Driving
          • Drug Driving – Drive under the influence of a drug
          • Drug Driving – Driving while relevant drug is present
          • Hooning Laws
          • Speeding
          • Street Racing
          • Unlicensed Driving
          • Work Licence Application
      • Criminal Record, Recorded Convictions and your rights.
      • Demi Quadrio
      • Disclosure of ‘no conviction recorded’
      • Dishonesty Offences – Bringing Stolen Goods into Queensland
      • Dishonesty Offences – Computer Hacking and Misuse
      • Dishonesty Offences – Dealing with Identification Information
      • Dishonesty Offences – Demanding Property with Menaces to Steal
      • Dishonesty Offences – Extortion
      • Dishonesty Offences – Fraud
      • Dishonesty Offences – Money Laundering
      • Dishonesty Offences – Petrol Drive Off
      • Dishonesty Offences – Possess Property Suspected of Being Tainted Property
      • Dishonesty Offences – Receiving Tainted Property
      • Dishonesty Offences – Robbery
      • Dishonesty Offences – Stealing
      • Dishonesty Offences – Stealing as a servant
      • Dishonesty Offences – Unauthorised Dealing with Shop Goods (UTAG)
      • Do I Need A Lawyer?
      • Drug Charges – Permitting Use of Place
      • Drug Charges – Possessing Dangerous Drugs
      • Drug Charges – Possessing Things
      • Drug Charges – Produce Dangerous Drugs
      • Drug Charges – Supplying Dangerous Drugs
      • Drug Charges – Trafficking in Dangerous Drugs
      • Drug Offences
      • EXPERT TRAFFIC LAW ADVICE – (07)55800 120
      • FAQ’S
        • Costs / Fees
        • Forms
      • Fixed Fees
      • Glossary
      • Guides
      • Home
      • Home Page
      • Legal Aid
      • Make an enquiry
      • Media
      • New Client
      • News
      • Offender Levy
      • OMCG and Serious Crime Offences
      • OMCG Laws – Contravene Order to Access Information
      • OMCG Laws – Contravene Public Safety Order
      • OMCG Laws – Contravening Restricted Premises Order
      • OMCG Laws – Habitually Consorting
      • OMCG Laws – Hindering Removal of Fortification Order
      • OMCG Laws – Recruiting person to become member of a criminal organisation
      • Our Firm
      • Our Offices
      • Our Services
      • Our Team
      • Patricija Nedeljko
      • Police Interviews
      • Police Stations We Attend
      • Possess Unregistered Firearms
      • Preparing For Your First Appointment?
      • PROBATION – REQUIREMENTS OF ORDER
      • Property Offences – Arson
      • Property Offences – Break and Enter
      • Property Offences – Burglary
      • Property Offences – Possess Implements of Housebreaking
      • Property Offences – Trespass
      • Property Offences – Unlawful Entry of a Dwelling
      • Property Offences – Unlawful Entry of Motor Vehicle
      • Property Offences – Unlawful Use of a Motor Vehicle
      • Property Offences – Wilful Damage
      • Publications
      • Qld Drug Offences
      • Qld Drug Offences Copy
      • Qld Weapons Offences
      • Queensland Police Stations – Contact Details
      • Services
      • Testimonials
      • Testimonials-01
      • Testimonials-02
      • Weapon Categories
      • What Court Will I Go To?
      • White Collar Offences – Corporate Fraud
Domestic violence bail
October 30, 2016

Domestic & Family Violence Protection Bill 2016

M. T. Gatenby Laws, Legal News, Penalties Domestic Violence Law, Sentencing

DV LAW SET TO BE STRENGTHENED AND PENALTIES INCREASED.

Domestic Violence Law

Domestic Violence LawOn 16 August 2016, the Minister for Child Safety and Minister for the Protection of Domestic and Family Violence introduced the Domestic and Family Violence and other Legislation Amendment Bill.  When introducing the new Domestic Violence Law the minister noted that during 2016, there had been 9 coronial investigations into the deaths that had occurred in domestic or family relationships in Queensland.

It was said that the purpose of the amendment was to:

  1. Better protect and support victims of Domestic and Family Violence;
  2. Hold perpetrators of Domestic and Family Violence accountable; and
  3. Provide police and the Courts with improved tools to save lives and protect victims.

National Scheme

The Bill enables Queensland to participate in the National Domestic Violence Order Scheme. This scheme has been agreed to by COAG.  One of the Key findings from the Coronial Inquest into Luke Batty’s death was the failure by counsellors, police, courts, medical practitioners and others to share information.  This Bill seeks to enable the sharing of information between key Government and non-government entities.

Currently the Act provides that DVO made anywhere in Australia or New Zealand are recognised and enforceable in Queensland. Such recognition is provided that the Aggrieved manually registers their order with a Magistrate Court in Queensland. This requirement will be done away with.  The proposal is that all jurisdictions will:

  1. Enjoy automatic recognition of interstate orders;
  2. Treat the contravention of and interstate DVO as if it were a Queensland DVO;
  3. Recognise and interstate disqualification such as cancellation of a weapons licence;
  4. Allow for the exchange of information.

Section 169J of the new domestic violence law will override the existing principles and rights under the Criminal Law (Rehabilitation of Offenders) Act 1986. It shall enable information to be shared, notwithstanding the conviction having been spent.

Grounds for Protection Orders

Domestic Violence is defined in Section 8 of the Domestic and Family Violence Protection Act. It includes the phrase ‘has committed domestic violence‘.  It is believed that this has created a misapprehension that an act of physical violence must occur before a protection order can be obtained.  The new domestic violence law clarifies that a Court may issue a DV order on the basis that the victim has been threatened or has a fear that the Respondent will commit an act of domestic violence.

Police Protection Notices

The 2012 amendments to the Act introduced Police Protection Notices.  Currently the legislation permits only the alleged victim of Domestic and Family violence to be protected. The Bill expands police powers to include the victim’s children, relatives and other associated people on the Notice.

The new domestic violence law widens the operation of the notice. It expands the conditions which may be included.  Presently, police may only include two (2) conditions. They may do so only if, they are at the same location as the Respondent. The current domestic violence law permits conditions:

  1. that the Respondent not commit acts of Domestic Violence; and
  2. a 24 hour cool down condition.

Police will be able to include extra conditions.  Included is the power to:

  1. remove alleged offenders from the family home until a Court Hearing.
  2. prohibit the respondent from having contact with the victim;
  3. prohibit the respondent from having contact with their children.

Police Protection Orders are enforceable in the same way as Domestic Violence Orders.  Respondents will commit an offence if they breach a condition that the Police Officer has told them about.  The breach will occur, even if they have not been served with a copy of the Order.

The maximum penalty for breaching a Police Protection Order or Release Condition is to be increased to three years imprisonment or 120 penalty units.

Duration of Court Protection Orders.

Currently, under section 97 of the Domestic and Family Violence Protection Act, Protection Orders are made for a period of two years. The Bill expands the operational period by setting an expectation that orders will be for a minimum of five  years from the date the PO is made. A Court may only make a PO for a period of less than five (5) years if it is satisfied that there are reasons for doing so.

If the Court does not specify a time frame the PO is held to be in operation for a period of five (5) years from the date the PO is made.

Courts will continue to have to consider what conditions are necessary and desirable to protect the Applicant.

The new domestic violence law will make Queensland objectively the toughest, compared to other jurisdictions, which have the following periods:

  • South Australia – Indefinite Order or until discharged, must wait twelve (12) months before application;
  • New Zealand – Indefinite Order or until discharged;
  • ACT – Two (2) years unless exceptional circumstances require longer period;
  • NSW – Court to determine, or one (1) year if no determination;
  • Western Australia – Court to determine or two (2) years if no determination;
  • Victoria – Court to determine, nil default period;
  • Tasmania – Court to determine, nil default period;
  • Northern Territory – Court to determine, nil default period.

Compliance with ‘Voluntary’ Intervention Order.

The proposed domestic violence law clarifies the weight that a Court is to attribute to an Offenders participating in a voluntary intervention order.  Presently, Courts are required to take into account such participation in deciding whether to make an Order and its duration.  Under the amendment the Court will still be entitled to take into account a Respondents compliance with an Intervention program, but the Court must not refuse to make an Order, or vary an Order merely because the Respondent has complied.

Conversely the Court is required to specifically take into account a Respondents failure or non-compliance while on the Intervention program.

The Bill will remove the word ‘voluntary’ from the definition. This will reflect that Intervention Orders are not voluntary and carry the weight of a Court Order.

Further Information

To read the new Bill click on the attached link Domestic Violence Law 2016 or to discuss how these changes may apply to your situation, contact our lawyers experienced in domestic violence cases today.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

New legal software ‘even better’ than humans Reforms to Youth Justice Laws Brings Qld in Line With UN Convention

Related Posts

arrested image

Comparative Sentences, Domestic Violence, Penalties

Attorney General successfully appeals GBH sentence .

Weapons

Laws, Uncategorized

New Gel Blaster Laws for Queensland

Weapons

Cases, Laws, Penalties, Uncategorized

Possession of a Weapon in a Public Place – Mandatory minimum penalties.

Contact Details

Office: (07) 5580 0120
Fax: (07) 5580 0952
Michael Gatenby: 0457 999 022

Demi Quadrio: 0477 800 620
Ashleigh Smith: 0477 800 421
Patricija Nedjelko: 0477 800 880

Gatenby Law
Copyright © 2019 Gatenby Criminal Lawyers, All Rights Reserved

News

  • arrested imageAttorney General successfully appeals GBH sentence .
  • WeaponsNew Gel Blaster Laws for Queensland
  • Screenshot (32)Explosive Cross Examination By Gatenby

Southport

Suite 6, Level 2
Excalibur House
52 Davenport St
Southport Qld 4215

Coomera

Suite 3, East Wing
Fortune Place
2 Fortune Street
Coomera Qld 4209

Postal

PO Box 1672
Southport BC 4215