This article applies to approved providers under the Domestic and Family Violence Protection Act 2012 (Qld).

Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 (Qld)

The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 (Qld) (the Bill) passed the Queensland Parliament on 6 March 2024. The Bill received Royal Assent on 18 March 2024.

Operationally Significant Changes

The Bill inserts a range of amendments into the Domestic and Family Violence Protection Act 2012 (Qld) (the Act). The most significant changes (from an operational perspective), include:

• introducing a diversion order scheme in new Part 4A; and
• introducing sections 135F and 135G that will require an approved provider to prepare a suitability report about a defendant for which a diversion order has been made.

Diversion order scheme

The Bill introduces a diversion order scheme into the Act by inserting new Part 4A, allowing for the making of a diversion order in relation to an adult defendant appearing before a Magistrates Court charged with an offence of contravening a domestic violence order or police protection notice. A defendant is only eligible to participate in the scheme if they satisfy the criteria set out in section 135C of Part 4A. Importantly, the scheme only applies if there is an approved provider who can provide an approved diversion program or counselling under the scheme.

Section 135F of the Act will require an approved provider to assess the defendant’s suitability to participate in an approved diversion program or counselling, considering factors such as the defendant’s character and personal history, language skills, and cultural background. Section 135G will require the approved provider to prepare a suitability assessment report. The suitability assessment report must state whether the defendant is suitable to participate in the program having regard to the matters set out in section 135F, and if the defendant is suitable, the date on which the program will start, the name of the approved provider providing the program, and the estimated period within which the defendant is likely to complete the program.

The approved provider will be required to give the suitability assessment report to the court within 14 days after completing the assessment, or a longer period allowed by the court.

Please click here to access the full Bill.