Significant changes to domestic violence laws in Queensland will be introduced into state parliament today to pave the way for coercive control to be made a crime.
The bill proposes the definition of domestic and family violence be broadened to include a "pattern of behaviour", and that the definition of stalking be updated to reflect modern technology.
Queensland will also move to amend the criminal code to replace the term "carnal knowledge" with "penile intercourse" and change the offence of "maintaining a sexual relationship with a child" to "repeated sexual conduct with a child".
Attorney-General and Minister for the Prevention of Domestic and Family Violence Shannon Fentiman said the suite of reforms would lay the groundwork for new laws to be introduced next year to criminalise coercive control.
"The Women's Safety and Justice Taskforce, headed by [retired judge] Margaret McMurdo was very clear that we couldn't just introduce a criminal offence straight away because it would have many unintended consequences," Ms Fentiman said.
"We have to do the work in the community so people understand more about coercive control. We have to do the training with first responders and DV services, and our courts.
"So it's important that we strengthen the law right now to send that very clear message that coercive control and non-physical forms of violence are domestic violence and then we will have a standalone criminal offence which will have significant penalties."
There will also be changes to limit the ability of perpetrators to further traumatise victims during the court process and make sure the person most at risk is protected by domestic violence protection orders.
That will include changes to strengthen the court's response to cross-applications for protection orders and for greater consideration to be given to a person's previous domestic violence history.
The law changes were recommendations of the Women's Safety and Justice Taskforce's first report, Hear Her Voice.
'It has been a long time coming'
Hannah Clarke and her three children, Aaliyah, Laianah and Trey, were murdered in a horrific domestic violence attack in 2020 after Ms Clarke's estranged husband poured petrol in their car and set it on fire.
After the attack, her parents — Lloyd and Sue Clarke — started the Small Steps 4 Hannah Foundation to raise awareness about coercive control and to advocate for it to be made a crime.
Sue Clarke said she was "thrilled" the state was moving closer towards criminalising coercive behaviours.
"We asked the state government to listen, and they've listened to everybody asking for laws on coercive control and this is the first step," she said.
"We're looking forward to the laws being made next year.
"Unfortunately, coercive control is a difficult one to prove so, with the amendments that are being announced, this is going to help people understand and make the laws stronger."
Mr Clarke said the new laws were desperately needed and community education would be a key part in helping to raise awareness about the "red flags" of coercive control.
"It has been a long time coming," he said.
"In Queensland, groups have been chasing coercive control laws since 2015, so it has taken a while but, obviously, with Hannah and the kids, a line was drawn in the sand there and they realised something had to happen."
Grace Tame welcomes change
Former Australian of the Year Grace Tame — who was sexually abused as a 15-year-old schoolgirl by a 58-year-old teacher — applauded Queensland for changing the offence "maintaining a sexual relationship with a child".
Ms Tame said poorly worded laws indirectly drove victim-blaming cultures and that the word "relationship" implied mutual responsibility.
"Perpetrators of sexual violence operate in silence, secrecy and subtlety," she said in a statement from her foundation.
"Language matters. Specificity matters. By virtue of their developing biology, psychology and limited experience, children cannot consent to sex.
"This fact is rightfully recognised by the law, however, using the word 'relationship' — which connotes mutual responsibility — in legislation pertaining to child sexual abuse muddies the waters.
"Abuse is abuse."
On radio with ABC Canberra, Ms Tame said the proposed changes were a "win" for advocates.
"It was previously called 'maintaining a sexual relationship with a person under 17 [years old]', as opposed to what it is — the persistent sexual abuse of a child," she said.
The Grace Tame Foundation has been advocating for states and territories to change the wording of child sexual assault offences.
South Australia and the Northern Territory are the only two jurisdictions yet to remove the word "relationship" from the crime of persistent child sexual abuse.
