Amendments to Domestic and Family Violence Protection Act

On 1 August 2023, the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 came into effect, introducing significant changes to the Domestic and Family Violence Protection Act 2012 (DFVPA). The amendment act is part of the Queensland government’s response to the recommendations of the Women’s Safety and Justice Taskforce, which was established to address the issue of coercive control in domestic and family violence situations.

What is coercive control?

Coercive control is a pattern of behaviour that seeks to dominate, isolate, manipulate, and intimidate another person, often through threats, humiliation, monitoring, and restricting their access to resources. Coercive control can cause serious psychological, emotional, and physical harm to the victim, and may escalate to physical violence or homicide.

How does the amendment act address coercive control?

The amendment act aims to better protect victims of domestic and family violence from coercive control by:

• Expanding the definition of domestic violence to include a pattern of behaviour that is abusive, threatening, coercive, controlling, or dominating, and causes fear for the safety or wellbeing of the victim, their children, other people, or animals.
• Requiring the court to identify the person most in need of protection in cross-applications for domestic violence orders (DVOs), and to dismiss the other person’s application unless there is clear evidence that both parties need protection from each other.
• Mandating the police to provide the court with the respondent’s criminal history and domestic violence history when applying for a DVO, and allowing the court to consider these histories when deciding whether to make or vary a DVO or a temporary protection order (TPO).
• Providing an additional ground for the court to award costs against a party who makes a malicious, false, frivolous, or vexatious application, or who intentionally engages in or continues a pattern of behaviour that is domestic violence towards the respondent.
• Allowing the court to order substituted service of a document on the respondent if personal service is not possible, and to reopen a proceeding if the respondent was not aware of the document or the hearing.
• Enabling the court to conduct a hearing and consider the particulars of an application before making or varying a DVO by consent.

What are the implications of the amendment act?

The amendment act reflects the recognition that domestic and family violence is not only physical, but also psychological and emotional, and that coercive control is a serious form of abuse that can have devastating consequences for the victim. The amendment act also aims to prevent the misuse of the legal system by perpetrators of domestic and family violence, and to ensure that the court has access to relevant information when making decisions about DVOs and TPOs.

The amendment act may have significant impacts on the parties involved in domestic and family violence proceedings, such as:

• Increasing the likelihood of obtaining or varying a DVO or a TPO if the victim can demonstrate that they have experienced or are at risk of experiencing coercive control by the respondent.
• Reducing the possibility of having multiple or conflicting DVOs in place if the court can identify the person most in need of protection and dismiss the other person’s application, unless there are exceptional circumstances.
• Enhancing the accountability of the respondent for their past and present behaviour, and the potential consequences of their actions, if the court can consider their criminal history and domestic violence history when making or varying a DVO or a TPO.
• Discouraging the parties from making false or vexatious applications, or engaging in or continuing a pattern of behaviour that is domestic violence, if the court can order costs against them.
• Improving the efficiency and effectiveness of the service and delivery of documents, and the opportunity for the respondent to challenge the decision, if the court can order substituted service and reopen a proceeding.
• Ensuring the informed and voluntary consent of the parties, and the protection of the victim, if the court can conduct a hearing and consider the particulars of an application before making or varying a DVO by consent.

Where to get more information and support?

If you are affected by domestic and family violence, or need more information about the amendment act and how it may affect you, you can contact the following services:

• DV Connect, a statewide telephone service that provides free, confidential, and professional counselling, information, and referrals for anyone affected by domestic and family violence. Call 1800 811 811 (24 hours, 7 days a week).
• Legal Aid Queensland, a statutory authority that provides legal information, advice, and representation for people who cannot afford a private lawyer. Call 1300 651 188 (Monday to Friday, 8.30am to 5pm) or visit their website for more information about domestic and family violence and the law.