The review of the Domestic and Family Violence Protection Act 1989 is a key action under For Our Sons and Daughters: A Queensland Government strategy to reduce domestic and family violence 2009-2014.
While significant amendments were made to specific aspects of the Act in 2003, this is the first comprehensive review of the Domestic and Family Violence Protection Act 1989 since it was introduced more than 20 years ago.
The focus of the review to ensure the legislation is effective and efficient in protecting victims of domestic violence and holding perpetrators accountable for their behaviour. The department is leading the review.
Consultation on draft Domestic and Family Violence Protection Bill 2011
The draft Domestic and Family Violence Protection Bill 2011 consultation has closed. Views were sought about whether the draft Bill will meet the aims of maximising the safety and protection of people who fear or experience domestic and family violence, reducing the exposure of children to domestic violence and ensuring that people who commit domestic violence are made accountable for their actions.
Consultation report
Feedback including key themes received during a three-month consultation period held in 2010 is outlined in the Review of the Domestic and Family Violence Protection Act 1989: Consultation Report 2011 .
The report highlights particular areas where changes to the legislation would be desired. A number of themes emerged from the consultation including:
- The definition of domestic and family violence needs to acknowledge the unacceptability of domestic violence, the range of abuse it comprises, and the power and control dynamics which underpin this form of violence.
- Principles should be included in the legislation to assist with a consistent approach to the interpretation of the Act.
- A greater criminal approach should exist in parallel with the civil process to enforce the message that domestic violence is unacceptable.
- The impact on children who witness domestic violence needs to be reflected in the legislation.
- Offenders need to be made accountable for their actions and consideration should be given to the use of behaviour change programs to reduce the severity or likelihood of domestic violence.
The consultation report is being used in the ongoing development of policy proposals for the new legislation.
The Review of the Domestic and Family Violence Protection Act 1989: Consultation Paper March 2010 Review of the Domestic and Family Violence Protection Act 1989: Consultation Paper March 2010 was developed to inform the three-month consultation undertaken in 2010.
Focus of the review
Terms of reference for the review were developed to facilitate analysis of a range of issues relevant to the legislation and to stakeholders' interests.
The review will:
- ensure the legislation supports the implementation of For our Sons and Daughters: A Queensland Government strategy to reduce domestic and family violence 2009–2014
- ensure the legislation reflects contemporary understandings of domestic and family violence — for example, the types of relationships and behaviours covered by the legislation
- examine existing mechanisms and alternative options to ensure the legislation:
- protects those who experience domestic and family violence from further violence
- provides for the safety and wellbeing of children and young people affected by domestic and family violence
- holds those who commit domestic and family violence accountable
- examine the efficiency and effectiveness of the operation of the legislation, including its intersection with other Acts, and determine whether any legislative refinements are necessary
- examine other matters pertaining to the efficiency and effectiveness of the legislation as required by the Minister.
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