Proposed changes to Queensland Domestic Violence Law: What do these new changes mean?

Over the past five (5) years there has been considerable changes to the Domestic Violence Laws in Queensland. These changes have included significant changes such as allowing the Court to only consider making a cross-order in the most exceptional of circumstances; ensuring that perpetrators of domestic violence are held to account and victims are provided with protection.

Further significant changes to Queensland’s Domestic Violence laws are on the way and they pose a significant change to how these matters are now considered by both the Police and the Courts.

On 30 April 2025, the Minister for Domestic and Family Violence in the Queensland Government introduced the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025 which proposes significant changes to the Domestic Violence regime in Queensland.

One of the most notable changes is the adoption of the Tasmanian approach by giving Police the power to impose on the spot protection orders, known as Police Protection Direction (PPD’s).

This direction is an order which is made by police immediately to alleged domestic violence offenders, for twelve months, without the need to go to Court.

Video Recorded Evidence

Some of the other significant changes to the law include the expansion of the Video Recorded Evidence in Chief pilot program as state-wide law. At present the current pilot program applies in Ipswich, Southport, and Coolangatta Magistrates Court however the new Bill proposed will expand this practice to Magistrates Courts throughout Queensland.

This provision is an expansion of the Evidence Act 1977 (Qld) and allows adult complainants in domestic violence criminal proceedings to give evidence in chief by a video recorded statement.

Electronic Monitoring Devices

Another new change to the legislation is the inclusion of electronic monitoring of high risk domestic violence offenders. This allows the Court to impose as …

Police Protection Directions (PPD)

In Queensland the current practice to obtain a Domestic Violence Order requires a person to either prepare and lodge a private application for a protection order, or through a police investigation where an application is sought on behalf of an aggrieved by a Police Officer.

A Magistrate will then consider the merits of the application and determine whether or not a final order should be made.

This new regime will grant Police the power to issue a PPD Direction when a Police Officer considers that it is appropriate for a matter to not proceed to Court and instead be finalised with an initial PPD.

This approach has been in practice in other states such as Tasmania where an authorised officer may issue a Police Family Violence Order (PFVO) for twelve months avoiding the need to obtain a protection order from a Court.

This approach to obtain a protection order without the need for a Court to consider the application is a significant change to the current Domestic Violence Laws. One of the main concerns in this approach is the risk of victims being incorrectly identified.

When is a PPD not appropriate?

To ensure that this risk is significantly minimised the legislation includes a safeguard to prevent misidentification from occurring. The Act achieves this by ensuring that there are certain circumstances in which a protection order can only be considered by the Court.

According to Section 100C of the Bill, a PPD will not be available in the following conditions:-

• Where the Respondent or Aggrieved are identified as a Child;
• Where the Respondent or Aggrieved are a Police Officer;
• Where a DVO will recognise interstate orders relating to the parties as enforced or has previously been enforced;
• Where there is already a PPD against a respondent in force or has been in force;
• Where the Respondent has been convicted of a domestic violence offence within the previous two (2) years;
• Where a proceeding for a Domestic Violence offence against the Respondent has started but has not been disposed of;
• Where an application for a protection order against the respondent has been made but not dealt with, meaning an ongoing protection order;
• Where the Respondent has used, or threatened to use, an offensive weapon or instrument to commit the relevant domestic violence; and;
• That in relation to the domestic violence, there are indications that both persons are in need of protection and the person who is most in need of protection cannot be identified – meaning cross-application circumstances.

Process for Police to obtain a PPD

For an officer to obtain a PPD, they must seek approval from a supervising officer. For a PPD which includes a cool-down condition, the appropriate rank of the supervising officer to consider this must be a Sergeant.

When an officer is seeking to obtain a PPD which includes an ouster condition or a no contact condition, they must obtain approval from the supervising officer of at least a Senior Sergeant.

Can PPD’s be reviewed or challenged?

Under the proposed Bill, there are mechanisms in which these immediate orders can be reviewed.

Firstly, there is an ability for Police to review the decision to issue a PPD which is done under section 100T of the Act.

This is done where an officer will review their decision if the officer becomes aware of circumstances or reasonably believes there are circumstances that were not known of or considered when the PPD was issued.

The Aggrieved, Respondent, and an authorised person on behalf of the Aggrieved and the named person may also apply for a police review of a PPD. This must be done within 28 days of the PDD.

Secondly, the Court has the ability to review the decision of whether to issue a PPD. Section 100Z of the Act states that at any time while a police protection direction is in force a person can apply to the Magistrates Court for a review of the direction.

When the Court is considering the review of the PPD, this process is not an appeal meaning that the decision from the Magistrate can be ultimately reviewed on an appeal to the superior Court.

The Court will consider an application to review the PPD to determine whether or not it is necessary or desirable for the PPD to be made. This consideration is only whether it is necessary or desirable at the time of the review, not at the time the Police issued the PPD.

The Court ultimately has the power to set aside the PPD or decide to dismiss the application for a protection notice as a whole.

Is this a positive step?

The current Domestic Violence regime allows the Court to solely decide applications and whether they should continue. The proposed Bill identifies a streamline approach for Police to be better equipped in handling the high volume of Domestic Violence Cases.

This is a positive step in ensuring that victims of domestic violence are protected and perpetrators are held to account. Despite its good intentions, there are concerns about the practicality of the system.

The making of a protection order is not a criminal offence, however it can have a significant impact in a professional capacity such as affecting the ability to hold a relevant security clearance, explosives or weapons license (often required in some mining positions), and a working with children blue card.

Domestic Violence is a complex issue in our society today, rightfully so it is a serious epidemic which needs to be addressed. At the same time, these situations are highly volatile and there is a lot at stake in these matters. Police have an unenviable position in trying to split the baby with the bath water in identifying domestic violence and protecting victims.

The ability for Police to have an expanded role in issuing Protection Order Directions is a positive step but needs to be balanced to ensure that victims are not incorrectly identified, that orders are not made on lightly and ensure that due process is otherwise followed.

If you are facing a Police Protection Direction, Police Application for a Domestic Violence Order, or are requiring assistance in obtaining a Protection Order contact our Criminal Law team today. Our team at Connolly Suthers is highly experienced in the area of Domestic Violence Law and we regularly appear in the Domestic Violence Specialist Court to assist clients in this area.

A link to the Explanatory notices of the proposed legislation is here:-

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