What is the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024?

On 18th March 2024, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 [Act No. 5 of 2024] (‘The Act’) was assented to. In summary, the Act will amend legislation across Queensland in three phases. The Act amends the following pieces of legislation: 

  1. Bail Act 1980;
  2. Criminal Code; 
  3. Domestic and Family Violence Protection Act 2012 and the Domestic and Family Violence Protection Regulation 2023; 
  4. Evidence Act 1977 and the Evidence Regulation 2017; 
  5. Justices Act 1886; 
  6. Penalties and Sentences Act 1992; 
  7. Recording of Evidence Regulation 2018; 
  8. Security Providers Act 1993; 
  9. Youth Justice Act 1992; and
  10. Legislation mentioned in schedule 1 for particular purposes, and to repeal the Criminal Law (Sexual Offences) Act 1978. 

The Act implements a range of recommendations due to multiple inquiries, including the Hear her Voice reports from the Women’s Safety and Justice Taskforce, the Commission of Inquiry into the Queensland Police Service, and the Royal Commission into Institutional Responses to Child Sexual Abuse.

As you can see, there are many changes to come.  The main objective is to change the experience of victim-survivors (mostly girls and woman) who go through the police and court system, ensuring they are treated with respect and dignity.  These changes are aimed at updating legalisation to better reflect community expectations, standards and to minimise risk to victim-survivors. 

These new amendments will bring Queensland in line with other States and countries. It is important to be aware of these changes as it may directly impact you. The first phase has already been implemented. 

PHASE ONE: Completed

On 23rd September 2024, phase one was rolled out across the state. This phase amended the laws surrounding consent, the defence of mistake of fact, improper questions during a sexual offence proceeding, reporting child sex offences and stealthing. Stealthing means that during intercourse both parties must consent to the removal or none use of contraceptives. 

The Act also amended the Domestic and Family Violence Protection Act 2012 that a court must (no longer discretionary) consider the making of a Temporary Protection Order if a Protection Order Application is adjourned. However, this was already the general practice in most courts. 

PHASE TWO: To be completed 

On 3rd February 2025, the Sexual Offence Expert Evidence Panel will be implemented which will allow experts to give relevant evidence in sexual violence proceedings in Brisbane and Townsvile. 

Once established, an expert to give relevant evidence about a defendant’s cognitive and/or mental health impairment at the time of the alleged offence and if that was a substantial cause of the person not saying or doing anything to ascertain whether the other person consented to the sexual act. 

An expert will also be able to give evidence about the nature of sexual offences and the social, psychological and cultural factors that may affect the behaviour of a person who has been, or alleges to be, the victim of a relevant sexual offence as requested by the prosecution, defence, or court.

PHASE THREE: To be completed (Coercive control laws)

Coercive Control

On 26th May 2025, coercive control will be a criminal offence in Queensland (‘Coercive Control’). This means any behaviour that amounts to coercive control from 26th May 2025 onwards, can amount to a criminal offence. The maximum penalty for this offence is 14 years. If sentenced, this will be considered to be a serious offence by the courts who will assess the person’s background, the offending, impact on the victim-survivor and other factors. 

Coercive Control laws mean it is illegal for a person over 18 years old to commit behaviour which amounts to a pattern of physical and/or non-physical abuse used to hurt, humiliate, isolate, frighten, or threaten a victim-survivor who is a current or former intimate partner, family member, or informal (unpaid) carer with the intention to control or coerce them. 

Thus, you can be charged with Coercive Control if there is no current Temporary or Final Protection Order in place. This it is unliked the charge of contravention of a domestic violence order which requires a condition of a Protection Order to have been breached. 

It is likely a person could be charged with multiple criminal offences for same act which amounts to Coercive Control. 

Aiding a respondent

From 26th May 2025, it will also be a criminal offence to behave in a manner which would breach or assist the respondent to breach a Protection Order or a Police Protection Notice. In essence, a person does not need to be named on a Protection Order to be charged with breaching a condition. 

For example, it would be illegal for a family member or friend to call the aggrieved and intimidate or belittle them with regard to the respondent or related circumstances. It would also be illegal for a third party (e.g. private investigator) to monitor an aggrieved or named person. This has its own implications which will not be discussed in this article. 

The maximum penalty of a fine of 120 penalty units or 3 years imprisonment for this offence. 

In Elysian Law’s experience, the new offence of aiding a respondent to breach an order may come as a surprised to some people as often family members think a loved one needs protection and often family law matters are closely linked to domestic and family violence matters, making them emotionally volatile proceedings.

What should I do if I am experiencing domestic and family violence before May 2025?

You should still make a complaint to the Queensland Police Service. The same behaviour which amounts to coercive control can also be an act of domestic violence thus, you have the right to seek a Protection Order. 

Also, there may be other relevant criminal charges a person could be charged like wilful damage, stalking or common assault to name a few. 

If you have issues with making a police complaint, please call us at Elysian Law for support. If the police will not seek a Protection Order from the courts, we can file a private application on your behalf.

Summary

It is difficult to predict how the judiciary and the police will implement these new amendments and how effective they will be. Often it is only when a case is appealed, guidance regarding definitions and the legal tests are defined which gives detailed clarity. However, come May 2025, the criminal space in Queensland will be evolving given how wide some of the new laws are drafted. 

To read about the Act in greater detail, please refer to the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023.