On 8 August 2024, the Governor made a Proclamation to set commencement dates for most remaining provisions in the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024.
In brief, the Proclamation provides for commencement for most remaining provisions in three stages:
- Stage 1, to start on 23 September 2024, includes provisions to:
- amend the consent and mistake of fact framework to introduce an affirmative model of consent and expressly reference stealthing as a circumstance of non-consent;
- expand the reasonable excuses for the offence of failure to report a belief of a child sexual offence committed in relation to child;
- introduce jury directions for sexual offence proceedings and strengthen the provisions pertaining to improper questions;
- expand the use of preliminary complaint evidence to domestic violence offences; and
- require the court to consider making a temporary protection order when adjourning the hearing of an application for a domestic violence protection order.
- Stage 2, to commence on 3 February 2025, will start the operation of the sexual offence expert evidence panel pilot in Brisbane and Townsville.
- Stage 3, to start on 26 May 2025, includes provisions to:
- introduce a criminal offence of coercive control;
- introduce a new offence of engaging in domestic violence or associated domestic violence to aid a respondent;
- introduce a court-based domestic violence perpetrator diversion scheme for adults; and
- reform the laws relating to the publication of domestic and family violence and sexual violence proceedings.
The Proclamation and Explanatory Notes are available on the Queensland Legislation website – https://www.legislation.qld.gov.au/view/html/published.hrc/sl-2024-0146.
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