The Queensland government is planning to introduce new “police efficiency” laws that would empower officers to issue on-the-spot year-long domestic violence protection orders, amid ongoing political pressure to devote more frontline resources to youth crime.
Documents leaked to Guardian Australia show the state intends to announce police “modernisation measures” in mid-March, including legislative amendments allowing officers to impose immediate protection orders for up to 12 months without having to make an application to a court.
The proposal will likely be controversial, after admitted failures to protect women and evidence that victims are routinely “misidentified” as perpetrators by officers. Guardian Australia reported last month that police had labelled murdered Gold Coast woman Kelly Wilkinson’s attempts to seek help as “cop shopping”.
Domestic and family violence occupies about 40% of police time in Queensland. Data shows breaches of domestic violence protection orders have more than doubled since 2019. An inquiry into police responses to domestic and family violence heard evidence that officers disbelieved female victims and actively avoided attending calls. At the same time, community anxiety about youth crime has placed pressure on police and the state government to devote more resources to the issue.
A letter sent by the outgoing commissioner, Katarina Carroll, last month says the proposals took into account “current community and service delivery challenges” and that police had been “experiencing increasing demand responding to and investigating offences, particularly where members of the community have been victimised”.
A protection order is a civil document that places restrictions on a person alleged to have committed domestic violence. It is a criminal offence to breach those restrictions. Under current laws, police can issue a temporary “protection notice” that lasts until a court hearing. The new “police-issued protection order framework” would allow police to make orders lasting 12 months.
Research by Australia’s National Research Organisation for Women’s Safety (Anrows) has previously found that almost half the women murdered by an intimate partner in Queensland had previously been labelled by police as the perpetrator of domestic violence.
A consultation document – which has not been publicly released – says a trial of the new measures would include “safeguards” designed to prevent misidentification of the person most in need of protection. These would include approval and review required by senior officers. “Cross orders” – a process where both parties are made subject to conditions, which has proved problematic in the past – would not be allowed.
“The PIPO will enable police officers to administratively issue a protection order for 12 months,” the document says.
“This will allow police officers to provide immediate, ongoing protection for a victim-survivor at the time of the incident, and ensure the perpetrator is immediately aware of the order and the consequences of breaching.”
“There would also be a significant reduction in the number of proceedings in the magistrates court, providing relief to both judicial system and the administrative requirements for police officers to complete further applications, appear before the court and other ongoing service requirements.”
One source says consultation with experts and others was “rushed” – most were given a week to offer feedback on the plan.
The proposed Police and Other Legislation (Police Efficiencies) Amendment Bill 2024 also includes other plans to streamline the police and court process related to protection orders, and to allow courts to make orders without the consent of the aggrieved party, in certain circumstances.
