Domestic Violence Law Archives - Gatenby Criminal Law

19 Oct

Opening of Southport’s specialist Domestic and Family Violence Court

On 19 October 2017, the Attorney-General and Minister for Justice Yvette D’Ath officially opened Southport’s permanent specialist Domestic and Family Violence Court. The renovations reflect the caseload of Southport’s specialist DFV court which has dealt with more than 12,000 matter since the trial began in September 2015. The renovations include: A dedicated registry counter for enquiries and filing DFV court applications; Secure entry for courtrooms Video conferencing facilities for female victims too fearful to attend court in person and witnesses. Quiet room for distressed women; Secure children’s play area, Meeting room facilities for men and their legal and support services, and Sound-proofed …

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10 Oct

Proposed Bill to prohibit DV Respondents from holding explosives licence

Following on from the Queensland Government’s Not Now Not Ever policy, the Land, Explosives and Other Legislation Amendment Bill has been introduced into parliament. The aim of the proposed legislation is to prohibit those with Domestic and Family Violence protection orders against them from holding an explosives licence. Currently Queensland is the largest user of explosives in Australia, predominately in the mining industry, using approximately one third of the three million tonnes consumed annually. In Queensland, ‘explosives’ is defined in Schedule 2 of the Explosives Act and includes: ammunition, blasting explosives, distress signals, flares, fireworks, propellants; and pyrotechnics. The Bill will amend the Explosives …

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06 Mar

DV Applications: How To Apply For A Domestic Violence Order

If you are in a domestic relationship and the subject of domestic violence you may be eligible to complete a DV application for a Domestic Violence Protection Order. The person applying for the Order is called the Applicant. The person being served with the application is the Respondent. The process is relatively straightforward. Domestic Violence Legislation is aimed at protection rather than punishment. The process has been simplified to ensure that DV applications can proceed in the best interests of the parties. The clear intention of the legislation is to act protectively. You need to attend the Registry of your nearest Magistrates …

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17 Feb

Bail (Domestic Violence) and Another Act Amendment Bill 2017

On Valentines Day 2017, the Opposition Leader, Tim Nicholls introduced the Bail (Domestic Violence) and Another Act Amendment Bill 2017 into the Queensland Parliament. The Bill will see a massive change to domestic violence bail laws. The proposed Bill was prompted by the tragic death of Ms Terresa Bradford, who was killed by her estranged husband two weeks earlier. Sadly the death was not uncommon with eighteen Queensland women dying in DV related incidents in 2016. Policy Objectives The Bill has five policy objectives: Reverse the presumption of bail for an accused charged with a relevant domestic violence offence; Create …

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12 Feb

Recording Private Conversations – Is it lawful?

The Moreton Bay Council recently announced that they have rolled out 330 CCTV cameras that have the capacity to record private conversations. In 2013 the then Queensland Transport Minister sought to introduce audio recording in taxi cabs. This raises the question, “Is it ok to record other peoples conversations?” Invasion of Privacy Act Section 43 of the Invasion of Privacy Act provides a maximum penalty of two years imprisonment where the person uses a listening device to overhear, record, monitor or listen to a private conversation. The legislation clearly intends that private conversations will be kept private. There are a number of exceptions such …

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12 Feb

What to consider when contesting a Domestic Violence Application

Contesting a Domestic Violence Application under Queensland’s Domestic Violence legislation can be a daunting. You should carefully consider the Application before you decide how to respond to it. We provide our tips for challenging a Protection Order. Does a relevant relationship exist? Not all relationships are protected by the Domestic and Family Violence Protection Act. For an order to be granted the Applicant must establish that the relationship is: an intimate personal relationship; a family relationship; or an informal care relationship. If the Applicant can not establish this then the Court can not grant a Protection Order. Does the application establish that Domestic …

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30 Oct

Domestic & Family Violence Protection Bill 2016

DV LAW SET TO BE STRENGTHENED AND PENALTIES INCREASED. Domestic Violence Law On 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: Better protect and support victims of Domestic and Family Violence; Hold perpetrators of Domestic and Family Violence …

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30 Jun

Queensland Sentencing Advisory Council

Sentencing law to be assisted by Sentencing Advisory Council Sentencing law is a complex and often controversial part of the Criminal process. In considering the competing elements of the sentencing discretion, Magistrates and Judges are often criticised as being too harsh or too lenient. In March 2016 the Queensland Premier introduced the Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill into the Queensland Parliament. The purpose was to re-establish the Sentencing Advisory Council. The new council is largely modelled on regime abolished by the former government in 2012. Purpose The proposed purpose of the Council is to: Ensure public confidence in the …

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