The Hear Her Voice report (the 2nd report of the Qld Women’s Safety and Justice Taskforce) features over 180 recommendations -
1. The Queensland Government develop and implement an adequately resourced primary prevention-focused community education campaign to improve awareness and understanding about sexual violence, including consent. The campaign will address societal and cultural barriers that contribute to low rates of reporting sexual violence. The campaign will aim to break down taboos about talking about sex and consent and embed community acceptance of the requirement for consent to be mutually agreed and discussed.
The design of the Queensland campaign should build upon existing primary prevention and community education already underway as part of the Prevent. Support. Believe: Queensland’s framework to address sexual violence and take into consideration similar campaigns implemented successfully in other jurisdictions. It will include targeted messaging and specific delivery modes for First Nations peoples as well as people from culturally and linguistically diverse backgrounds, people with disability and LGBTIQA+ people.
2. The Queensland Government, as part of its implementation of recommendations 10 and 11 of Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland, extend respectful relationships education to acknowledge and address children’s access to pornography and counter harmful messages that may be learned when children access this material. Respectful relationships education will include information about the impacts and outcomes of non-consensual sharing of intimate images.
3. The Queensland Government develop and implement a strategy to increase the use of the Department of Education Respectful Relationships Education Program across all Queensland schools. This will include initiatives to ensure all children in Queensland access the same respectful relationships education content irrespective of where they go to school. The implementation of respectful relationships education in Queensland schools will be regularly monitored and measured and publicly reported upon to ensure community confidence. This will include, as a minimum, annual reporting in the Department of Education annual report.
4. The Queensland Government partner with community leaders and Elders in First Nations communities to co-design and implement local plans to enable women and girls who have experienced sexual violence to come forward and make a complaint without fear of, or actual, retaliation or retribution to them or their families, friends, or supporters.
5. The Queensland Police Service immediately improve the cultural capability of staff working in its communications centre and staff working in front-counter roles in police stations to ensure they are able to communicate meaningfully with all First Nations peoples who call for help, including in relation to sexual violence cases, and to appropriately assess their needs and allocate responses to first-response officers.
6. The Queensland Police Service review the translation and interpreting services it uses for First Nations peoples to ensure it provides appropriate assistance to enable police officers and civilian staff working in its communications centre and on front counters in police stations to communicate meaningfully with all First Nations peoples, including in relation to sexual violence cases.
7. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence review the reasonable excuses listed in section 229BC(4) of the Criminal Code to consider including an additional reasonable excuse that covers the provision of sexual assault counselling and medical care.
8. The Department of Justice and Attorney-General develop and implement a broad community awareness campaign with targeted messages for youth, sexual assault and health services about the scope and intent of the failure to report offence in section 229BC of the Criminal Code to support its ongoing implementation.
9. The Queensland Government, in consultation with people with lived experience, Aboriginal and Torres Strait Islander peoples and service and legal system stakeholders, develop, fund and implement a statewide model for the delivery of a professional victim advocate service.
Victim advocates will provide individualised, culturally safe, trauma-informed support to victims of sexual violence to help them navigate through the service and criminal justice systems and beyond. The role of victim advocates will include: • − providing impartial information to victim-survivors about the criminal justice and service systems and options available to them
• − supporting victim-survivors to understand and exercise their rights
• − identifying and assisting victim-survivors to address their individual needs including
through referrals to services
• − liaise across the service and criminal justice systems on behalf of victim-survivors, and be
the consistent point of contact for victim survivors throughout their criminal justice system journey
The model of victim advocates will:
• − aim to empower those experiencing sexual violence
• − enable advocates to provide holistic, individualised and specialised support, including
specialised expertise and understanding of working with children and young people
• − provide support regardless of whether a person chooses to engage with the criminal justice
system
• − give priority to people who are under-served and/or who face the most complex
interactions between services and systems
10. The Queensland Government develop a five-year whole-of-government strategic investment plan for the services delivered and funded by government agencies to prevent and respond to sexual violence. Similar to recommendation 13 in Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland, the investment plan will involve a comprehensive gap analysis of current services, supports and demand to guide investment decisions across government. The plan will include the provision of:
o − equitable access and statewide coverage of service system supports for victims of sexual violence
o − culturally capable services that provide choice to First Nations peoples, including services delivered by community-controlled organisations as a priority
o − services to meet the needs of people from culturally and linguistically diverse backgrounds, people with disability and LGBTIQA+ people, children, young people and older people
o − prompt and consistent services for people who have experienced recent sexual violence
o − timely and available services for people who have experienced historical sexual violence
(including child sexual abuse)
o − an integrated and coordinated network of responses and investment across the health,
service and justice systems
o − innovative and contemporary approaches including trialing and testing new service and
intervention responses to build an evidence base about what works, where, and for whom
o − a redesigned referral pathway to improve access to services enabling victims to be directed
to the right service at the right time and to support increasing awareness and expertise of professionals across the broader service system to coordinate service responses through multi-agency hubs and outreach support, to meet the needs of all victims across the state (recommendation 11)
o − service system responses to support women and girls to address and heal from their sexual violence and trauma experiences to reduce the risk of them offending or re-offending
o − a centrally controlled statewide forensic examination service (recommendation 32)
o − adequate funding for services to meet existing demand and anticipated increases in
demand that are likely to flow from recommendations in this report.
The strategic investment plan will be reviewed after 5 years to inform the development of a further 5 year plan.
11. The Queensland Government, with people with lived experience, Aboriginal and Torres Strait Islander peoples and service and legal system stakeholders co-design, fund and implement, a victim-centric, trauma-informed service model for responding to sexual violence that includes:
o − a sustainable and coordinated model for the efficient and effective delivery of services equitably across Queensland that flexibly responds to demand pressures
o − services and agencies working together in an integrated way including in co-located hubs to meet victim-survivors’ needs as well as to support agency collaboration, similar to the Sexual Assault Response Team model • − the provision of outreach services from a co-located hub to fill identified service gaps in regional and remote areas
• − a response available 24 hours a day, 7 days a week
• − clearly defined, trauma-informed safe pathways for victims to access counselling and
therapeutic support and the criminal justice system (including the role of victim advocates
recommendation 13)
• − place-based responses that are tailored to local needs and strengths.
The service model will be replicated throughout the state with a consistent name and branding to support help-seeking and referrals statewide.
12. The Queensland Government work with the Federal Government to improve digital inclusion in Queensland’s rural, regional and remote areas, including through improving internet coverage to enable equitable access to essential services.
13. The Queensland Government embed a trauma-informed system of safe pathways for victim- survivors of sexual violence across the sexual assault and criminal justice systems to create a cohesive and consistent response to victim-survivors and greater accountability to reduce attrition rates following reports to police. These pathways will be designed from a victim’s point of first contact with the service system and throughout their engagement with the service or criminal justice system. Actions supporting safer systems pathways will involve each agency:
o − undertaking an audit of practice to identify areas requiring improvement (informed by experts and people with diverse lived experience).
o − revising relevant guidelines, protocols and frameworks to respond to an identified need for improvements, and to promote accountability
o − conducting training to ensure changes are implemented
Agencies will be audited on a yearly or bi-annual basis to ensure they are upholding practice
principles that underpin safe pathways. Outcomes of the audit will be publicly reported.
14. The Queensland Government develop and implement a collaborative integrated inter-agency response to support victim-survivors of sexual violence through the criminal justice system and beyond. The collaborative response will be supported by:
o − a statewide senior level interagency governance group involving relevant government agencies and the Office of the Director of Public Prosecutions to oversee collaboration and integration of services, measure and monitor performance, identify and respond to trends and issues, and facilitate consistent statewide practice
o − clear roles and responsibilities for each agency and guidance for collaborative and integrated working relationships
o − support implementation of the system of safe pathways for victim-survivors
o − a local level governance group in each region or district to develop and support effective
working relationships, measure and monitor performance at the local level and identify and
respond to local practice issues
o − new interagency guidelines and practice guidance to provide clarity about the roles and
responsibilities of agencies across Government that need to work together in a coordinated and integrated way to meet the needs of victim-survivors of sexual violence.
Consideration should be had to whether sexual violence services should be incorporated in local governance arrangement. At a minimum, sexual violence services will be consulted on the development of new guidelines.
15. The Queensland Government consider establishing an independent and integrated peak industry body for sexual violence services (sexual violence services, women’s health and wellbeing services and youth sexual violence services), as resources become available after expanding service delivery availability and accessibility. The main functions of the peak body will include:
o − systemic advocacy, including supporting individual services to continue to participate and provide input into systemic and legislative reform processes
o − service system capacity and capability building, including to identify and address common workforce, industrial and workplace health and safety issues
o − improving statewide coordination and integration of services including with other government and non-government services • − assisting in the development and implementation of practice standards and quality improvement
• − assisting in the development and implementation of mechanisms to collect and report on data to support ongoing performance improvement across the service system
• − leveraging and maximising investment across the service system including improving coordination and integration between services.
16. The Queensland Government continue to fund the secretariat role within the Queensland Sexual Assault Network during the implementation of the recommendations in this report to support its member organisations to participate in the implementation process as required until a peak industry body (recommendation 15) is established.
17. The State Coroner as chair of the Domestic and Family Violence Death Review and Advisory Board (the Board) consider the Board undertaking a one off specific topic review of relevant past cases of domestic and family violence related deaths involving sexual violence, to examine and report matters within the Board’s purpose and functions related to sexual violence within the context of domestic and family violence.
18. The Queensland Government establish a victims’ commission as an independent statutory office to promote and protect the needs of victims of all violent offences. The functions of the commission should include:
o − identifying systemic trends and issues including in relation to policy, legislation, practice or procedure and potential responses to address these issues
o − assisting victims in their dealings with government agencies across the criminal justice system, including through oversight of how agencies respond to complaints
o − monitoring and reviewing the effect of the law, policy and practice that impact victims of crime.
The commissioner will be authorised to exercise the rights of victims, upon their request and with consent, including in relation to their interactions with police, other government agencies and the courts (similar to the model in South Australian).
The commissioner will have a specific and dedicated focus on victims of domestic, family and sexual violence and First Nations victim-survivors, given their particular vulnerability. This focus may be through the establishment of a deputy commissioner role, or similar.
19. The Queensland Government review the Charter of victims’ rights in the Victims of Crime Assistance Act 2009 and consider whether additional rights should be recognised or if existing rights should be expanded. Ideally, this review would be undertaken by the victims’ commissioner (recommendation 18).
20. The Queensland Government, in the next statutory review of the Human Rights Act 2019, include a specific focus on victims’ rights and consider whether recognition of victims’ rights or the Charter of victims’ rights in the Victims of Crime Assistance Act 2009 should be expanded and incorporated into the Human Rights Act 2019. The review should involve consultation with victims, First Nations peoples, service providers (including those working with victims of domestic, family and sexual violence victim-survivors) and legal stakeholders.
21. The Queensland Government require all agencies to report the number of complaints received in relation to the Charter of victims’ rights, and how they have been dealt with, in their annual reports.
22. The Queensland Government provide a copy of this report to the Independent Commission of Inquiry into Queensland Police Service responses to domestic and family violence, established in response to recommendation 2 of Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland, given paragraphs 3(e),4(a) and 11 of its terms of reference.
23. The Queensland Police Service continue to implement its Sexual Violence Response Strategy 2021-2023 to promote greater consistency in police practices across the state and to deliver victim-centric and trauma-informed responses to victim-survivors of sexual violence.
24. The Queensland Police Service include in its annual report information about outcomes and impacts for victim-survivors as a result of initiatives and actions included in the Queensland Police Service Sexual Violence Response Strategy 2021-2023 to ensure community confidence in police responses and attempts by the Queensland Police Service to improve those responses. This reporting will include plain English explanations about how impacts and outcomes for victim-survivors are measured and what has been achieved, as well as whether initiatives and actions have been modified or adapted when intended impacts and outcomes have not been fully realised.
25. The Queensland Police Service independently evaluate the impacts and outcomes for victim- survivors achieved as a result of the implementation of the Queensland Police Service Sexual Violence Response Strategy 2021-2023, including initiatives and actions implemented as part of the Strategy, and report publicly on the results of that evaluation. The evaluation will include input from victim-survivors of sexual violence and people with lived experience.
26. The Queensland Police Service, in consultation with people with lived experience, First Nations peoples, service system and legal stakeholders, develop and implement a ‘Safer Systems Pathway’ program of practice to reinforce the need to promote victim-centred and trauma- informed approaches. A ‘Safer Systems Pathway’ approach will focus on implementing and promoting practices that counteract known trauma triggers for victim-survivors across their involvement with police. The ‘Safer Systems Pathway’ will ensure safer reporting experiences for victim-survivors, reduce attrition and maintain trust and confidence in police more broadly.
27. The Taskforce reaffirms recommendations 31, 32, 33 and 34 in Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland in relation to developing a transformational plan, building specialist expertise and evidence-based and trauma-informed training and recommends, and subject to the outcomes of the Independent Commission of Inquiry into Queensland Police Service responses to domestic and family violence, recommends the implementation of these recommendations be expanded to include sexual violence.
28. The Queensland Police Service continue to implement ongoing competency based sexual violence and trauma-informed training across the organisation, including for frontline police, investigators, communications centre staff and staff working on front counters in police stations. This training should be evidence-based and trauma-informed and supported by professional supervision to ensure learnings are applied by individual officers and staff in practice.
29 The Queensland Police Service clarify the role and responsibilities of police Sexual Violence Liaison Officers within the Queensland Police Service, and for sexual assault service providers, other legal stakeholders and the community to improve understanding about the role and the scope and intent of the program, as well as the intended outcomes for victim-survivors of sexual violence.
30. The Queensland Police Service, in consultation with people with lived experience including , people from culturally and linguistically diverse backgrounds, LGBTIQA+ and people with disability, First Nations peoples, legal and service system stakeholders, review and update operational policies and procedures about the investigation of sexual violence cases. This will include reviewing policies and procedures relating to the use of pretext phone calls and questioning victim-survivors including about their intoxication at the time of the offence and matters that may be relevant to the excuse of mistake of fact. The review will ensure policies and procedures are evidence-based, trauma-informed and fit for purpose.
31. The Queensland Police Service ensure that only specialist trained officers interview victim- survivors in sexual offence cases when a victim agrees to a recording being used as their evidence in chief in a criminal proceeding, and that recordings are made in a controlled environment, such as police station or appropriate interview room, and are of a high audio- visual quality and where possible, conducted in a trauma-informed setting.
32. The Queensland Government establish and fund a statewide forensic examination service to ensure consistent timely and high-quality forensic medical services to all victims of sexual violence across Queensland. These services should be trauma-informed and culturally competent and comprise:
o − permanent positions for qualified forensic clinicians supported by administrative and other necessary supports within each Hospital and Health Service throughout the state to perform forensic medical examinations, as well as professional supervision and support to doctors and nurses performing examinations throughout Queensland
o − access to timely and high-quality forensic medical examinations 24 hours a day, seven days a week through emergency departments in each hospital by requiring all emergency department doctors in Queensland to be trained to undertake sexual assault forensic
medical examinations
• − forensic nurse examiner positions within each Hospital and Health Service and Aboriginal
and Torres Strait Islander health services to ensure statewide access to high-quality
examinations, including in rural, regional and remote communities
• − contemporary and innovative mechanisms to provide statewide professional supervision
and support, including through the use of telehealth services to practitioners in remote communities
The funding for the statewide forensic medical service should form part of the strategic investment plan recommended by the Taskforce in recommendation 10.
33. Queensland Health, in partnership with the Department of Justice and Attorney-General, develop and implement ongoing competency based training and professional development for doctors and nurses who may be required to prepare reports and give evidence in criminal proceedings for sexual offences. Training materials will be regularly reviewed to remain up to date and align with changes to the law. This training and professional development will include appearing as an expert witness in criminal trials; for example, by the use of mock trials.
34. Queensland Health develop and implement a communication and education campaign to inform doctors who may be required to perform forensic medical examinations about the critical importance of this work, their role, and the support available to them to perform the role well. The campaign will aim to dispel myths about sexual violence and sexual consent and emphasise the value of timely forensic medical examinations for women and girls who are the victims of sexual violence.
35. Queensland Health and the Queensland Police Service review and revise the model for ‘just in case’ forensic medical examinations in Queensland and implement a new approach that ensures a full medical examination is undertaken with the same number and quality of samples taken in all forensic medical examinations. A revised model for Queensland should require samples to be stored for 12 months, extended for a further 12 months at the option of the victim-survivor. It will be the role of the Queensland Health statewide clinical forensic service to contact victim- survivors near the end of the first 12 months to seek their views about the retention of samples for a further 12 months.
The revised model will include clear protocols for the appropriate storage of samples to maintain integrity and ensure continuity of evidence.
36. Queensland Health review and update the Sexual Assault Investigation Kits used in Queensland to ensure they are at least of consistent quality as those used in New South Wales and Victoria. As a minimum requirement, kits must be DNA free, and contain DNA decontamination kits and an adequate number of swabs and testing apparatus.
37. Queensland Health immediately stop the practice of charging victims of sexual assault who are ineligible for Medicare for any component of the costs of a forensic medical examination and the medical treatment of any injuries incurred as a result of a sexual assault. This will include consultation with the Federal Government if necessary.
38. The Queensland Auditor-General consider including on the forward work plan for the Queensland Audit Office a review of forensic services in Queensland as a follow-up review to its Report 21: 2018-19 Delivering forensic services report and to review the implementation of the recommendations made by the Taskforce in this report.
39. Queensland Health, Queensland Forensic and Scientific Services and the Queensland Police Service develop and implement an interim memorandum of understanding and service level agreement, pending the outcomes of the Commission of Inquiry into Queensland DNA testing as a priority. The memorandum of understanding and service level agreement should include governance and oversight arrangements and outline roles, responsibilities and protocols for the timely and accurate sharing of information.
40. The Department of Justice and Attorney-General, Queensland Police Service and Queensland Health finalise and agree interagency guidelines on responding to people who have experienced sexual assault, as soon as possible. These guidelines will be regularly reviewed, in consultation with specialist sexual assault services, and incorporate outcomes of the Commission of Inquiry into Queensland DNA testing. The guidelines will align with the interim memorandum of understanding and service level agreement recommended by the Taskforce (recommendation 39).
41. Queensland Health, in consultation with the Chief Justice, Chief Judge and Chief Magistrate, Department of Justice and Attorney-General, Queensland Police Service, and legal stakeholders develop a clear, transparent, plain language guide for police, legal practitioners and judicial officers on the use and interpretation of forensic analysis of DNA samples in sexual violence and other cases. The guide, which will be publicly available, will include definitions for key scientific and statistical terms, the use of data and information commonly contained in analysis results and plain English explanations of the forensic analysis process, and will be regularly updated, to assist investigators, legal practitioners and judicial officers to understand and critically analyse forensic evidence.
42. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence review and amend if and where necessary Chapter 22 (Offences against Morality) and Chapter 32 (Rape and sexual assaults) to ensure that the Criminal Code:
o − treats the capacity of children aged 12 to 15 years old to consent to sexual activity in a way that is trauma- informed and consistent with community standards
o − addresses sexual exploitation of children and young people aged 12 to 17 years old by adults who occupy a position of authority over those children
o − provides internal logic across the two chapters so that the applicable maximum penalties reflect a justifiable scale of moral culpability.
43. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence amend sections 348 (Meaning of consent) and 348A (Mistake of fact in relation to consent) to provide that: . a) consent must be freely and voluntarily ‘agreed’ rather than ‘given’ . b) the non-exhaustive list of circumstances in which consent cannot be freely and voluntarily agreed at section 348(2) be expanded to reflect the circumstances set out in section 61HJ of the Crimes Act 1900 (NSW) . c) if the person who alleges the sexual violence has suffered resulting grievous bodily harm, those injuries must be taken to be evidence of a lack of consent unless the accused person can prove otherwise . d) no regard must be had to the voluntary intoxication of an accused person when considering whether they had a mistaken belief about consent to sexual activity . e) an accused person’s belief about consent to sexual activity is not reasonable if the accused person did not, within a reasonable time before or at the time of the sexual activity, say or do anything to find out whether the other person consented to the sexual activity . f) the requirement in (e) above does not apply if the accused person can show, on the balance of probabilities, that they have a cognitive impairment, mental impairment or another type of impairment that impacted on the accused person’s ability to communicate and that impairment was a substantial cause of the person not doing or saying anything. g) the amendments in (e) and (f) above will not commence until:
− the expert panel for sexual offence trials has been established (recommendation 80), and
− appropriate and equitable funding has been provided to the Office of the Director of Public Prosecutions and Legal Aid Queensland to obtain any necessary expert reports.
The Bill containing these amendments will commence no sooner than six months after debate and passage of the Bill, to allow a comprehensive community education campaign to be undertaken.
44. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence amend sections 348 (Meaning of consent) to:
o − provide that a person who consents to a particular activity is not by reason only of that fact to be taken to consent to any other activity
o − provide a legislative example for the provision in a) that a person who consents to sexual activity using a condom is not, by reason only of that fact, to be taken to consent to a sexual activity without using a condom.
45. The Office of the Director of Public Prosecutions and Queensland Police Service review, update and publish the memorandum of understanding relating to the investigation and prosecution of sexual violence cases. The revised memorandum of understanding will include a requirement for each agency to annually publish information about the operation of the memorandum and its impacts and outcomes for victim-survivors of sexual violence. In developing these guidelines, regard will be had to the Protocol between the Police Service and Crown Prosecution Service in the Investigation and Prosecution of Rape adopted by police forces in England, Wales and Northern Ireland.
46. The Attorney-General and Minister for Justice, Minister for Women and Minister for Prevention of Domestic and Family Violence develop and establish an independent sexual violence case review board that is chaired by the proposed victims commissioner (recommendation 18). The board will consist of representatives from the Office of the Director of Public Prosecution, Queensland Police Service, professionals with sexual violence expertise, people with lived experience of sexual violence and Aboriginal and Torres Strait Islander peoples.
The board’s functions and powers will be provided for in legislation and should include the independent review of sexual violence cases that are not progressed, or cases requested to be considered by the victims’ commissioner.
The board will:
o − independently review reports prepared and provided by the Queensland Police Service and the Office of the Director of Public Prosecutions about the respective agencies’ involvement in each case
o − identify opportunities and make recommendations to agencies and to the Queensland Government about practice, policy, performance and systemic improvement
o − focus on encouraging a culture of continuous improvement and learning
o − publish annual reports about the findings and recommendations of the board and the
responses of agencies and the Government to the board’s recommendations.
47. The Director of Public Prosecutions review the Queensland Director’s Guidelines and include additional guidance about the prosecution of sexual violence related cases and the treatment of victim-survivors in these cases. The review will include incorporating legislative and systemic reforms progressed in response to this report.
The ODPP should work with the QPS to implement the revised Director’s Guidelines to ensure staff and police are aware and understand how to use them.
This review should consider and incorporate necessary changes that:
o − guide prosecutors, people acting on behalf of the Director and police to treat victims of sexual violence in a trauma-informed and culturally capable way that recognises the diverse and complex needs of individual victim-survivors
o − review and update information about downloading information from a mobile phone or other device of a victim of sexual violence and the disclosure of relevant information, in accordance with legislative obligations and the process for defence lawyers to obtain additional information they consider to be relevant
o − incorporate guidance either in the Director’s Guidelines or other supporting guidance documents.
48. The Queensland Police Service work with relevant technology companies to explore the feasibility of establishing a mechanism to enable the partial download of information from the mobile phones and other devices of victim-survivors to enable only relevant information to be obtained and to protect and promote a victim-survivor’s right to privacy, irrespective of the brand or type of phone.
49. The Director of Public Prosecutions independently review the role and operation of the Victim Liaison Officer program within the Office of the Director of Public Prosecutions to assess impacts and outcomes achieved including for victim-survivors of sexual violence and ensure the program is able to provide timely and up to date information to victim-survivors across Queensland at critical points in the criminal justice process.
50. The Queensland Police Service and the Office of the Director of Public Prosecutions establish a clear, robust, transparent and easily accessible internal ‘right to review’ process of police and prosecutorial decisions for victim-survivors of sexual violence. The internal right of review will include an ability for a victim-survivor to request that a police decision to discontinue charges, and a prosecution decision made on behalf of the Director of Public Prosecution, be reviewed by another more senior officer. The outcome of the review could be for the decision to be changed, affirmed or an alternative decision made.
The outcome of an internal review process including the reasons for the decision will be clearly communicated, using plain English to the victim-survivor.
51. The Director of Public Prosecutions, in partnership with First Nations peoples, develop and implement a cultural capability plan that includes strategies to improve the cultural capability of all staff within the Office of the Director of Prosecutions.
52. The Women’s Safety and Justice Taskforce reaffirms recommendation 49 in Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland. The Department of Justice and Attorney-General, in developing a statewide plan to improve safety for victims of domestic and family violence including coercive control when attending courts, extend the plan to:
o − improve the safety of all victim-survivors of sexual violence
o − capital upgrades to provide courtroom technology for quality recording of evidence of
special witnesses in sexual offence proceedings, to enable the recordings to be used any retrial.
53. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the special witness measures at section 21A of the Evidence Act 1977 to state that a special witness is entitled (but may choose not) to give evidence in a remote room or by alternative arrangements in similar terms to section 294B of the Criminal Procedure Act 1986 (NSW).
This recommendation will not commence until recommendation 49 of Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland is implemented in relation to upgrading the technology in courtrooms throughout Queensland, to facilitate victims giving video link and telephone evidence.
54. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Evidence Act 1977 to provide that evidence of the victim or special witnesses in sexual offence proceedings be video and audio recorded and stored securely for use in any retrial, in similar terms to Chapter 6, Part 5, Divisions 3 and 4 of the Criminal Procedure Act 1986 (NSW).
This recommendation should not commence until recommendation 49 of Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland is implemented in relation to upgrading the technology in courtrooms throughout Queensland, to facilitate victims giving video link and telephone evidence.
55. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Evidence Act 1977 to provide that victim-survivors of sexual offences are able to choose whether to give a video- recorded interview with police, which would be able to tendered as all or part of their evidence- in-chief in court proceedings.
56. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to section 21 (Improper questions) of the Evidence Act 1977, to include examples of improper questions including those provided at section 41 of the Evidence Act 1995 (NSW).
57. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Evidence Act 1977 to introduce the use of ground rules hearings for domestic and family violence and sexual offences, in similar terms to sections 389A-389E of the Criminal Procedure Act 2009 (Vic).
58. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress the following amendments to the Criminal Law (Sexual Offences) Act 1978:
− amend section 4 of the Criminal Law (Sexual Offences) Act 1978 to reflect that ‘leave should not be granted unless the court is satisfied that the probative value of any evidence about a complainant’s sexual activities outweighs any distress, humiliation, embarrassment or
other prejudice that the complainant may suffer as a result of its admission’, and
− amend section 5 of the Criminal Law (Sexual Offences) Act 1978 to clarify that the court
should be closed when a complainant is giving evidence, whether during a pre-recording of evidence in court or remotely; during the playing of the pre-recorded evidence at trial or on appeal; and while the complainant is giving evidence in person in court.
59. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments that remove section 4 and 5 Criminal Law (Sexual Offences) Act 1978 from the Act to form dedicated parts in both the Evidence Act 1977 and Youth Justice Act 1992 that deal with proceedings for sexual offences.
60. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to Part 3A of the Penalties and Sentences Act 1992 regarding non-contact orders, to extend the duration of a non-contact order to 5 years.
61. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence give consideration to a review of the naming of sexual offences contained in the Criminal Code, in particular in Chapters 22 and 32, any offences referring to ‘carnal knowledge’, and the offence of maintaining a sexual relationship with a child.
62. The Department of Justice and Attorney-General, after receiving the evaluation of the Queensland Intermediary Scheme pilot program, consider whether the scheme should be expanded to apply to proceedings involving adult victims of sexual violence.
63. To ensure that victim-survivors of sexual violence have access to legal information and advice, the Department of Justice and Attorney-General continue to fund:
o − the provision of legal support in relation to protected counselling communication, and
o − the provision of information and advice to victims of sexual assault who are witnesses in
trials.
64. The Department of Justice and Attorney-General, when evaluating the proposed victim advocate model (recommendation 9), consider whether there is a need for funded legal representation for victim-survivors of sexual violence during criminal justice processes.
65. The Queensland Government, when reviewing the legislative changes implemented in response to this report (recommendation 186), consider whether there is a need to extend the right of victim-survivors to be represented during trial proceedings beyond matters related to protected counselling communications.
66. The Women’s Safety and Justice Taskforce reaffirms the following recommendations from Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland and recommends they be expanded to include sexual violence as appropriate:
Recommendation 38: Legal Students (undergraduate and postgraduate) and new prescribed areas of knowledge
Recommendation 39: Currency of knowledge
Recommendation 40: Continuing professional development in domestic and family violence and trauma-informed practice
Recommendation 41: Domestic and family violence training for the Office of the Director of Public Prosecutions, Police Prosecution Corps , Legal Aid Queensland and community legal services
Recommendation 42: Specialist knowledge of domestic and family violence and referrals
Recommendation 47: Trauma-informed practice framework for practice for legal practitioners in Queensland.
67. The Office of the Director of Public Prosecutions and Police Prosecution Corps, Legal Aid Queensland including preferred suppliers who do legally aided work, and community legal centres, including the Aboriginal and Torres Strait Islander Legal Service, require all legal staff to participate in training on working with victim-survivors of sexual violence, including best-practice in communicating with First Nations women and girls, and responding to evidence of trauma and abuse histories.
68. The Women’s Safety and Justice Taskforce reaffirms the following recommendations from Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland and recommends they be extended to include sexual violence and issue related to women and girls as accused persons and offenders in the criminal justice system:
Recommendation 3: Independent Judicial Commission
Recommendation 42: Specialist Accreditation Scheme
Recommendation 48: Judicial Officers Training
69. The Chief Judge, in consultation the Chief Justice, President of the Mental Health Court of Queensland, Chief Magistrate, the Queensland Government, people with lived experience, First Nations peoples, and legal and service system stakeholders, consider establishing a specialist list for sexual violence cases in the District Court of Queensland that:
o − be overseen by specially trained judicial officers
o − aim to set a fixed trial date with early allocation of legal counsel and a focus on resolving
pre-trial issues to avoid adjournments of the trial where possible and in the interests of
justice
o − supported by dedicated registry staff who would work to proactively case manage matters,
resolve pre-trial issues, reduce delays and provide greater certainty to parties
o − involve training for legal practitioners to support the operation of the list and improve
practice (recommendations 66,67)
o − is able to service remote or regional areas
The Queensland Government will provide adequate resources and assistance to the Chief Judge to design and implement the specialist court list in a way that continues to acknowledge the independence of the court and its judges.
70. The Queensland Government, consult with the Chief Justice, President of the Mental Health Court of Queensland, Chief Judge and Chief Magistrate to review how courts in Queensland deal with sexual violence cases to identify opportunities to improve the efficiency and timeliness within which matters are finalised in accordance with trauma-informed principles and approaches.
The review will aim to identify issues, impacts and opportunities for improved case management and include consideration of the Office of the Director of Public Prosecutions taking over carriage of all sexual offence proceedings from the pre-committal stage. The review should include consultation with people with lived experience, First Nations peoples, and service system and legal stakeholders.
71. The Chief Judge in consultation with the Chief Justice, President of the Mental Health Court of Queensland, and Chief Magistrate, the Queensland Government, people with lived experience, First Nations peoples, and service system and legal stakeholders consider developing and implementing a plan to improve court case management of sexual violence cases in the District Court of Queensland to operate as part of the specialist court list. The plan should incorporate:
o − recommendation 72 of the Criminal Justice System report of the Royal Commission into Institutional Responses to Child Sexual Abuse;
o − recommendation 5 of the Queensland Audit Office Delivering Forensic Services Report 21: 2018-19;
o − the findings and recommendations of the review undertaken in relation to recommendation 70 about the review of how courts in Queensland deal with sexual violence cases, and
o − consideration of relevant elements of the Better Case Management initiative in the United Kingdom, including case conferencing (recommendation 72), a process to facilitate early pleas of guilty, and a handbook that sets out clear milestones and timeframes.
The case management of sexual violence cases should aim to: increase efficiency; reduce the number of court appearances and the number of matters that unnecessarily progress to hearing; and improve effectiveness and quality of responses to victims and witnesses.
The Queensland Government will provide adequate resources and assistance to the Chief Judge to design and implement the court case management plan in a way that continues to acknowledge the independence of the court and its judges.
73. The Chief Judge, in consultation with the Chief Justice, President of the Mental Health Court of Queensland, and Chief Magistrate, the Queensland Government, people with lived experience, Fist Nations peoples, service system and legal stakeholders, consider designing and implementing a pilot of a voluntary case conferencing model in sexual violence cases in the District Court of Queensland. The voluntary case conferencing model should focus on bringing defence and prosecution representatives in individual cases together early in a mediated conference to try to identify and resolve the matters in dispute with the aims of either avoiding a trial or reducing the length and complexity of trials and facilitating the earlier preparation of cases. All involved must be astute to ensure the victim is well supported and able to make free and informed decisions in or arising out of this model.
The Queensland Government will provide adequate resources and assistance to the Chief Judge to design, implement and evaluate the pilot in a way that continues to acknowledge the independence of the court.
The evaluation of the pilot should consider the impacts and outcomes achieved including in relation to efficiency and timeliness in the finalisation of matters and impacts and outcomes for victims of crime.
2. The Chief Justice and Chief Judge consider developing and implementing a sexual assault benchbook for the Supreme and District Courts of Queensland to support judicial officers and lawyers in sexual violence cases. The sexual assault benchbook could include relevant procedural requirements and timeframes, data and statistics, information about community attitudes and rape myths, information about the impacts of trauma on victim-survivors of sexual violence and relevant laws and procedure.
74. The Director of Public Prosecutions, in consultation with the Queensland Government, consider designing and implementing a new operating model for the prosecution of sexual violence cases within the Office of the Director of Public Prosecutions. The model should include governance and leadership arrangements, the development and implementation of ongoing competency based training and professional development for all staff and lawyers, and support for staff and lawyers to avoid vicarious trauma. The model should ensure all staff and lawyers are able to provide trauma-informed responses to victims of sexual violence and recognise the specialist expertise required in the prosecution of sexual violence cases. The model will support the Office of the Director of Public Prosecutions to implement recommendations in this report within the Office and to actively participate in the implementation of recommendations across the broader criminal justice system.
The Queensland Government will provide adequate resources and assistance to the Director of Public Prosecutions to design, implement and evaluate the operating model in a way that continues to acknowledge the independence of the Director’s role.
75. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence amend the law relating to similar fact (coincidence) and propensity (tendency) evidence, in relation to all offences of a sexual nature including child sexual offences outlined in Chapters 22 and 32 of the Criminal Code in Queensland, by amending the Evidence Act 1977 to include provisions in terms of sections 97, 97A, 98 and 101, contained in Part 3.6 of the Evidence Act 1995 (NSW).
76. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence amend the Evidence Act 1977 to expand the admission of preliminary complaint evidence in section 4A of the Criminal Law (Sexual Offences) Act 1978 to all domestic violence offences. In consideration of the expanded use of preliminary complaint evidence, section 4A of the Criminal Law (Sexual Offences) Act 1978 should be moved in its entirety into the Evidence Act 1977 as a discrete Division.
77. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Evidence Act 1977 providing for jury directions to be given that address the following misconceptions about sexual violence:
o − the circumstances in which non-consensual sexual activity occurs
o − responses of a victim to non-consensual sexual activity when it occurs • − lack of physical injury to the victim-survivor, violence or threats made by the accused person
• − victim-survivor responses to giving evidence about an alleged sexual offence at trial
• − behaviour and appearance of a victim-survivor at the time of an alleged sexual offence
• − perceived flirtatious or sexual behaviour (such as holding hands or kissing) implying
consent to later sexual activity
Commencement of the Bill containing the amendments should be delayed for a period that is sufficient for the Director of Public Prosecutions’ ‘Director’s Guidelines’ (recommendation 47) and the Supreme and District Courts Benchbook (recommendation 73) to be updated to reflect the new provisions and for training of lawyers and judicial officers to take place.
78. The Department of Justice and Attorney-General commission an evaluation of the impact and outcomes of legislative provisions about jury directions on misconceptions about sexual violence, five years after the commencement of the legislation. The evaluation should include research that will inform the Queensland Government to better understand how jury directions, expert evidence, and misconceptions about sexual violence affect a jury member’s understanding of the evidence and the task they must perform.
79. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Evidence Act 1977 that:
o − allow for the admission of expert evidence about the nature and effects of domestic and family violence and sexual violence, in similar terms to section 388 Criminal Procedure Act 2009 (Vic).
o − adopt sections 76 -80, and section 108C of the Uniform Evidence Law, with any necessary adaptations, for the purpose of criminal proceedings for domestic and family violence offences and sexual offences in Queensland.
These amendments should not commence until the expert panel (recommendation 80) has been established and appropriate and equitable funding has been provided to the Office of the Director of Public Prosecutions and Legal Aid Queensland to obtain expert reports.
80. The Department of Justice and Attorney-General establish an expert evidence panel for sexual offence proceedings that can be used by the prosecution, defence and the court. The independent sexual violence case review board (recommendation 46) should be involved in offering advice on the establishment and maintenance of the panel.
82. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Criminal Law (Sexual Offences) Act 1978 to:
o − update and modernise the language of all provisions in the Act generally
o − clarify that it is a defence to the prohibition against publication of identifying information
about victims of sexual offences that an adult victim-survivor with capacity consented to the publication and that the publication was consistent with any limitations set by the victim-survivor
o − ensure that publication continues to be prohibited where publication would identify or lead to the identification of another victim-survivor without their consent or a child (including a child offender)
o − include a requirement that the court, when considering making an order allowing the publication of identifying information, must take into account the views and wishes of the victim-survivor
o − enable victim-survivors of sexual violence to self-publish identifying information, at any stage of the proceedings, so long as it does not identify another victim-survivor without their consent or a child (including a child offender) and does not put at risk the fairness of future court proceedings
o − enable children who are victim-survivors of sexual offences to self-publish, or consent to the publication of, identifying information with safeguards to ensure that the child has the capacity to consent, is making a free and informed decision, and has understood the potential consequences of their decision. The publication must not identify another victim-survivor (without their consent) or a child (including a child offender) and must not put at
risk the fairness of future court proceedings
− enable the Director-General of the Department of Justice and Attorney-General to release
transcripts of proceedings for sexual offences for approved research purposes on the basis that anonymity of victim-survivors would be preserved based on the model in section 189B of the Child Protection Act 1999.
The recommended amendments will not commence until the Queensland Government has developed and implemented a guide for the media to support responsible reporting of sexual violence (recommendation 84)
83. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Recording of Evidence Regulation 2018 to allow the Director-General to provide transcripts released for approved research under the Criminal Law (Sexual Offences) Act 1978 free or at a reduced cost.
84. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Criminal Law (Sexual Offences) Act 1978 to:
o − remove the restriction on publication of the identity of an adult accused of a sexual offence before a committal hearing where it would not identify or tend to lead to the identification of a victim-survivor
o − require a court to take the views of the alleged victim into consideration when deciding whether to order that the identifying details of an accused person should be suppressed.
The recommended amendments will not commence until the Queensland Government has developed a guide for the media to support responsible reporting of sexual violence (recommendation 84).
85. The Queensland Government develop a guide for the media to support responsible reporting of sexual violence that:
o − includes content about the nature and impacts of sexual violence
o − includes content to counter common misconceptions about sexual violence
o − refers to changes in the law
o − provides guidance about reporting on the particular vulnerability of and potential adverse
impacts on Aboriginal and Torres Strait Islander peoples, people from culturally and
linguistically diverse backgrounds, people with disability, older people and LGBTIQA+ people
o − provides a framework for media organisations to incorporate a trauma-informed approach
to reporting and interviewing.
The development of the guide will be followed by implementation activities with media across the state to promote the guide and encourage compliance.
86. The Queensland Government advocate for nationally consistent media standards for reporting of sexual violence. The standards should include a trauma-informed approach that mitigates risks associated with reporting on and interviewing victims of sexual violence.
87. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic & Family Violence progress amendments to the Domestic and Family Violence Protection Act 2012 and Domestic and Family Violence Protection Regulation 2012 to:
o − enable media representatives approved by the Chief Magistrate to make an application to the court for de-identified transcripts of proceedings so as not to lead to the identification of a person involved in proceedings, or of children, while maintaining the confidentiality and protections on publication in the Domestic and Family Violence Protection Act 2012
o − require the court, when considering an application for a de-identified transcription, to consider whether the provision of such transcript is in the public interest, subject to the principles in the Domestic Family Violence Protection Act 2012 that the safety and wellbeing of people who fear or experience domestic and family violence is paramount
o − clarify that the prohibition on publication does not extend to criminal proceedings under the Act, including proceedings for contravention of a domestic violence order whether or not the publication of those proceedings would identify a party (other than a child) to a domestic violence order.
88. The recommended amendments will not commence until the Queensland Government has implemented Recommendation 6 of Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland to review the Domestic and Family Violence Media Guide.
89. The Minister for Children and Youth Justice and Minister for Multicultural Affairs progress amendments to the Youth Justice Act 1992 to make it clear that victims of sexual violence committed or alleged to have been committed against them by a child offender can disclose information for the purpose of obtaining therapeutic counselling and support.
90. The Minister for Children and Youth Justice and Minister for Multicultural Affairs progress amendments to the Youth Justice Act 1992 to enable relevant government and non-government agencies to share information, including confidential information for the purposes of coordinating and providing services and supports to victims of sexual violence committed or alleged to have been committed by a child offender, with necessary safeguards and protections.
91. The Minister for Children and Youth Justice and Minister for Multicultural Affairs undertake an independent review of the use of youth justice conferencing in cases involving sexual offences, with a particular focus on the experience and justice outcomes achieved for victim-survivors. The review will identify any opportunities for improvement to better meet the needs of victims and child offenders, including in relation to sexual offences.
92. The Queensland Government, led by the Department of Justice and Attorney-General, develop a sustainable long-term plan for the expansion of adult restorative justice in Queensland and appropriately fund that plan for victim-survivors to access this option throughout the state.
93. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence co-design with people with lived experience, Aboriginal and Torres Strait Islander peoples and service and legal system stakeholders a victim-centric legislative framework for adult restorative justice in Queensland. The framework will:
o − articulate overarching principles for the use of restorative justice in adult criminal cases, with particular principles and safeguards for its use in relation to sexual offences and domestic and family violence-related offences
o − set out operational processes including a clear framework for referrals and suitability assessment processes
o − set out how restorative justice interacts with the criminal justice system
o − establish criteria and process to assess the qualifications, expertise and suitability of
convenors and provide for their functions and powers
o − consider the diverse needs of victim-survivors, including First Nations victims, and how
best to structure the framework to meet individual needs
o − provide adequate protections and safeguards for participants, underpinned by a gender-
sensitive and trauma-informed approach.
Legislation to establish an adult restorative justice program in Queensland will not commence until a sustainable and funded long-term plan for the expansion of adult restorative justice in Queensland has been developed (recommendation 90).
94. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence fund and undertake a pilot restorative justice program for adult sexual and domestic and family violence offences, to be independently evaluated to inform further statewide roll-out.
The commencement of a pilot will be supported by additional investment and the commencement of a legislative framework.
95. The Queensland Government develop and implement a whole-of-government strategy for women and girls in the criminal justice system as accused persons and offenders. The strategy will incorporate a public health approach and aim to prevent women and girls offending, reduce the risk of reoffending and improve the experiences of women and girls who are involved in the criminal justice system as accused persons and offenders.
The strategy will be co-designed with women and girls with lived experience, service system and legal stakeholders and First Nations peoples. It will incorporate the implementation of recommendations made by the Women’s Safety and Justice Taskforce in Part 3 of this report.
96. The strategy should have a particular focus on better meeting the needs of First Nations women and girls to complement the implementation of recommendation 1 from Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland, and to contribute to Queensland’s achievement of the targets in the National Agreement on Closing the Gap.
97. The Queensland Government adopt a systemic justice reinvestment approach to address the underlying causes of women and girls’ offending behaviour. The justice reinvestment approach will include a focus on supporting women and girls to address the factors that contribute to their offending behaviour earlier to prevent them from offending and reoffending. The approach will take into consideration the outcomes achieved by the Cherbourg Justice Reinvestment project (recommendation 183).
The justice reinvestment approach will aim to shift investment across the criminal justice system to earlier supports and services over time.
98. The Queensland Police Service, in consultation with women and girls with lived experience, First Nations peoples, women with disability, women from culturally and linguistically diverse backgrounds, LGBTIQA+ people, and service system and legal stakeholders develop and implement a gender-responsive and trauma-informed approach for responding to women and girls in the criminal justice system, including the review of the Queensland Police Service Operational Procedures Manual and other existing policy and procedures and the development and implementation of additional guidance. The reviewed policies and procedures and additional guidance should be trauma-informed and culturally capable and will specifically address responses to meet the needs of First Nations women and girls.
3. The Queensland Police Service develop and implement competency based ongoing training for all police, communications centre and front counter staff in police stations to improve responses to women and girls including First Nations women and girls. This on-going training should implement and enhance existing training about trauma-informed informed responses.
The impacts and outcomes achieved through the ongoing implementation of gender responsive and culturally capable training within the Queensland Police Service, including improved impacts and outcomes for women and girls should be measured and monitored and independently evaluated. Information about impacts and outcomes achieved should be publicly reported, including as a minimum in the Queensland Police Service annual report.
99. The Minister for Police & Corrective Services and Minister for Fire & Emergency Services progress amendments to the Police Powers & Responsibilities Act 2000 to provide a legislative framework for adult cautioning processes and to require police to consider all available and appropriate diversion options before charging an adult with an offence, other than an indictable offence that cannot be dealt with summarily, to encourage greater use of adult cautions, police drug diversion, and adult restorative justice conferencing where appropriate.
100. The Minister for Police & Corrective Services and Minster for Fire & Emergency Services progress amendments to the Police Powers and Responsibilities Act 2000 to expand the scope of the Police Drug Diversion Program to include possession of small amounts of illicit drugs in addition to cannabis.
The development of the amendments should take into consideration approaches in other jurisdictions.
101. The Queensland Government fund and establish a legal advice hotline to support the expanded use of adult diversion options so that accused persons have access to independent legal information and advice and understand their rights and the potential risks and benefits of admitting guilt to enable a diversion.
102. The Queensland Government, in consultation with people with lived experience, First Nations peoples, and service system and legal stakeholders continue to explore conditional cautioning and deferred prosecution agreement schemes as viable options for diverting low-level offenders from the criminal justice system. In doing so, the Government will be mindful of the risks of net-widening and the need to ensure conditions do not expose women and other vulnerable populations to additional sanctions. This should include considering whether to pilot a program incorporating protections and safeguards for women and girls based on the deferred prosecution model in recommendation 34 of the Queensland Productivity Commission Inquiry into imprisonment and recidivism report.
103. The Minister for Police and Corrective Services and Minister for Fire and Emergency Services progress amendments to the Summary Offences Act 2005 to repeal the offences at section 8 (Begging in a public place) and section 10 (Being intoxicated in a public place) as soon as possible.
104. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence decriminalise sex work, noting the framework for this to occur is beyond the scope of the terms of reference of the Women’s Safety and Justice Taskforce and is currently being considered by the Queensland Law Reform Commission.
105. The Minister for Police and Corrective Services and Minister for Fire and Emergency Services and the Attorney-General and Minister for Justice, Minister for Women and the Minister for the Prevention of Domestic and Family Violence review the operation of offences within the Summary Offences Act 2005 and the Regulatory Offences Act 1985 to consider the impact they have on women and girls and whether the social and financial costs of retaining each offence outweigh the benefits. The review should have a specific focus on the impacts of these offences on Aboriginal and Torres Strait Islander women.
The Queensland Government request the Parliament of Queensland Legal Affairs and Safety Committee to undertake the review.
106. The Minister for Health and Ambulance Services and Attorney-General and Minister for Justice, Minister for Women and the Minister for the Prevention of Domestic and Family Violence review the operation of the offences contained at section 9 (Possession dangerous drugs) and section 10 (Possessing things) of the Drugs Misuse Act 1986 to consider the impact these offences have on women and girls, the efficacy and value for money of maintaining a criminal justice response to these offences and whether there are other more effective ways of responding to illicit drugs, including through a health system response. The review should have a specific focus on the impacts for Aboriginal and Torres Strait Islander women.
The Queensland Government request the Parliament of Queensland Health and Environment Committee to undertake the review.
107. The Minister for Police and Corrective Services and Minister for Fire and Emergency Service and Minister for Children and Youth Justice and Minister for Multicultural Affairs establish an independent review into issues impacting on the time women and girls are held in police watchhouses. The review will consider matters relating to the transportation and capacity issues affecting the transfer of women and girls between watchhouses managed by the Queensland Police Service, prisons managed by Queensland Corrective Services, and detention centres managed by Youth Justice.
The review will identify safe and appropriate ways to minimise the length of time women and girls are held in police watchhouses and ensure compatibility with the Human Rights Act 2019. The outcome of the independent review will be made publicly available.
108. The Minister for Police and Corrective Service and Minister for Fire and Emergency Services progress amendments to the Police Powers and Responsibilities Act 2000, the Corrective Service Act 2006 and the Minister for Children and Youth Justice and Minister for Multicultural Affairs progress amendments to the Youth Justice Act 1992 to:
o − provide a statutory limit on the period of time women and girls can be held in a police watchhouse
o − clearly provide for minimum standards of the care for women and girls while they are held in a police watchhouse and require compliance with these standards
o − clearly identify agency responsibility for the transportation of adults and children between police watchhouses, correctional facilities or youth detention centres.
109. The Minister for Police and Corrective Service and Minister for Fire and Emergency services progress amendments to the Police Powers and Responsibilities Act 2000 to require a register to be kept and information to be regularly published about:
o − the number of adults and children held in police watchhouses, and
o − the length of stays
o − compliance with the minimum standards of care for people detained in police watchhouses.
This will include recording information in the register and publishing information broken down by the location of the watchhouse and the age, gender, and Indigenous status of detainees.
110. The Queensland Government reduce the number and proportion of women and girls held on remand and reduce the length of time women and girls spend on remand. This should be a priority outcome included in the whole of government strategy for women and girls in the criminal justice system recommended by the Taskforce (recommendation 93) and form part of the whole-of-government and community strategy to address the overrepresentation of Aboriginal and Torres Strait Islander peoples in the criminal justice system and to meet Queensland’s Closing the Gap targets recommended by the Taskforce in its first report (recommendation 1, Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland).
This important priority in the whole-of-government strategy will be supported by measurable targets that are monitored regularly and reported publicly.
111. Queensland Corrective Services ensure that:
o − Townsville Women’s Correctional Centre is provided with the capacity to hold women on remand separately from sentenced women
o − all women held on remand in Queensland are separated from sentenced women as far as practicable, and
o − all women held on remand in Queensland are treated in a way that is appropriate to their unsentenced status and in accordance with their human rights.
112. The Attorney-General and Minister for Justice Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to section 16(2) of the Bail Act 1980 to require a police officer or court considering bail to have regard to the probable effect that a refusal of bail would have on the person’s family or dependants, and to consider a person’s responsibility to family and dependants when making bail conditions.
113. The Department of Justice and Attorney-General independently review the impact on women and girls of amendments made to the Bail Act 1980 in 2017 to consider whether there have been any unintended consequences in relation to women and girls, including those who may have been misidentified as a primary perpetrator of domestic and family violence. This review should take into consideration the findings and recommendations made throughout the Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland report about domestic and family violence and coercive control being a pattern of behaviour over time requiring consideration of the relationship as a whole.
114. The Queensland Police Service, in consultation with people with lived experience, First Nations peoples, service system and legal stakeholders and the Department of Justice and Attorney- General and Department of Children Youth Justice and Multicultural Affairs, develop and pilot gender-responsive bail assessment tools to assist police assess whether to grant police bail and to make submissions to court in relation to bail for women and girls. The assessment tool should provide guidance for officers to assess available information against evidence-based and gender-informed risk indicators. It will assist officers to determine whether, if granted bail, there would be an unacceptable risk that a women or girl to would fail to appear or reoffend.
The tools should be culturally competent, and trauma informed and their accuracy and reliability should be independently verified.
The pilot should be independently evaluated to consider the impacts and outcomes for women and girls and the evaluation used to consider whether the use of the tools should be rolled out more broadly.
115. The Queensland Government expand the provision of early bail support programs and early intervention services for women and girls to areas beyond South East Queensland and to women on remand across Queensland to ensure women and girls are supported to apply for bail at the earliest opportunity and to understand and comply with bail conditions.
These services will be provided by non-government organisations funded by government.
116. The Queensland Government and Legal Aid Queensland independently review and amend government priorities and Legal Aid Queensland policies and guidelines to ensure women are not disadvantaged by priorities for grants of aid for legal representation in criminal law matters or the provision of duty lawyer services.
The review will consider whether additional funding or new grants of aid are required to ensure equitable access to grants of aid in criminal law matters by women and girls.
117. The Queensland Government establish and fund the provision of an independent legal assistance program in each women’s correctional facility in Queensland to provide legal information and support to women, assist them to apply for legal aid funding where applicable, or to obtain legal advice and representation, if required, in a variety of criminal, family and civil law matters.
This program will include legal assistance officers with relevant qualifications and expertise to regularly attend each women’s correctional facility to provide a service to women who require it.
The program will include assisting women to prepare an application for bail or parole. The program should be funded and administered by Queensland Corrective Services and delivered by an appropriate non-government organisation or legal service.
118. The Queensland Government fund Legal Aid Queensland, and other community legal services or lawyers to provide legal advice and representation to women, upon referral from the independent legal assistance program in each women’s correctional facility. This should include funding for advice and representation for women in custody in relation to a variety of criminal and civil law matters, including family law and child protection matters and applications for bail and parole.
119. Queensland Corrective Services provide women in custody with access to free telephone calls to obtain legal advice and representation in a variety of criminal, civil, family law and child protection matters as well as applications for bail and parole. This will include making calls for the purposes of engaging a lawyer to obtain legal advice and representation.
120. The Women’s Safety and Justice Taskforce reaffirms recommendations 39-47 of Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland in relation to improving how lawyers respond to victims of coercive control and domestic and family violence, and recommends that in implementing these recommendations:
o − the Queensland Government, Queensland Law Society and the Bar Association of Queensland expand the scope to include gendered issues for women and girls who are accused persons and offenders, including best practice in communicating with First Nations women and girls, and understanding the nature and impact of trauma and abuse and how this may contribute to women’s offending behaviour.
o − the Office of the Director of Public Prosecutions and Police Prosecution Corps, Legal Aid Queensland, and community legal centres, including the Aboriginal and Torres Strait Islander Legal Service, require all legal staff to participate in training about gendered issues for women and girls who are accused persons and offenders, including best-practice in communicating with First Nations women and girls, and understanding the nature and impact of trauma and abuse and how this may contribute to women’s offending behaviour.
121. The Women’s Safety and Justice Taskforce reaffirms recommendations 3 and 48 of Hear her voice: Report One, Addressing coercive control and domestic and family violence in Queensland. Judicial officers in Queensland should consider participating in professional development about gendered issues and trauma-informed practice relevant to the experiences of women and girls as accused persons and offenders. This professional development should preferably be coordinated and provided by a Queensland Judicial Commission.
122. The Department of Justice and Attorney-General ensure that each of the existing specialist court models and court-based programs operating in Queensland, including the Murri Court located in the Magistrates and Childrens Courts; the Queensland Drug and Alcohol Court; Court Link integrated court assessment, referral and support program; and Specialist Domestic and Family Violence Courts incorporate a renewed focus on meeting the needs of women and girls who are accused persons and offenders.
This will be supported by public reporting in existing annual reporting processes including participant data broken down by age, gender, Aboriginal and Torres Strait Islander status and court outcomes to provide increased transparency and accountability in relation to outcomes for women and girls.
123. The Department of Justice and Attorney-General, in consultation with Elders, respected persons and Community Justice Groups review how the Murri Court can be further strengthened and improved to better meet the needs of women and girls, including consultation with women and girl participants. The review will build upon the successful outcomes achieved to date and identify opportunities for further gender-responsive and culturally-safe practices across the Murri Court and Queensland Magistrates Courts more generally.
124. The Chief Judge and judges of the District Court of Queensland consider establishing a Murri Court program within the District Court. Consideration should be given as part of the design of a model to meeting the needs of First Nations women. The model should draw upon the successful elements of the model implemented in Victoria, with necessary adaptations. This could include consideration of whether to initially pilot a program.
The Queensland Government will provide adequate resources and assistance to the Chief Judge to design and implement a Murri Court model in the District Court in a way that continues to acknowledge the independence of the court and its judges.
125. The Department of Justice and Attorney-General ensure that the evaluation of the Queensland Drug and Alcohol Court incorporates a gendered analysis to identify how the court is meeting the needs of women and can encourage women to participate in the program. The outcome of the evaluation will inform consideration of ongoing implementation and any future expanded roll out, including how best to meet the needs of women.
126. The Department of Justice and Attorney-General, work with the Chief Magistrate, in a way that does not jeopardise judicial independence, to pilot a women’s list within the Court Link program operating within the Magistrates Court. The women’s list will aim to identify and address the underlying needs of women in contact with the criminal justice system through risk assessment, connect women to gender-responsive case management, and support women to address their needs while they are on bail.
127. The Queensland Government, consult with women with lived experience as accused persons and offenders, service system and legal stakeholders who support them, and First Nations peoples as part of the implementation of:
o − recommendation 90 to develop a sustainable long term plan for the expansion of an adult restorative justice program in Queensland and
o − recommendation 91 to design a legislative framework for an adult restorative justice program .
A model for adult restorative justice in Queensland will incorporate safeguards and protections to ensure it is safe and effective for women who are accused persons and offenders.
128. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to section 9(2) of the Penalties and Sentences Act 1992 to:
o − require the court to consider the hardship that any sentence would impose on the offender in consideration of an offender’s characteristics, including gender, sex, sexuality, age, race, religion, parental status, and disability
o − require the court to consider, if relevant, the offender’s history of abuse or victimisation
o − require the court to consider probable effect that any sentence or order under
consideration would have on any of the person's family or dependants, whether or not the
circumstances are ‘exceptional’
o − expand subsection 9(2)(p) to clarify that cultural considerations include the impact of
systemic disadvantage and intergenerational trauma on the offender.
129. The Queensland Government respond to and implement the recommendations of the Queensland Sentencing Advisory Council’s Community-based sentencing orders, imprisonment and parole options report, noting the need to expand suitable, gender-specific services that support women being sentenced to community-based orders rather than short periods of imprisonment. This will include consideration of Community Correction Order programs that target offenders for whom the current court based diversion options are insufficient but who are also not eligible to utilise the Queensland Drug and Alcohol Court in Brisbane.
130. The Department of Justice and Attorney-General, in partnership with Queensland Health, expand eligibility for and use of the Illicit Drugs Court Diversion Program by:
o − expanding the number of previous diversions the person may have received
o − trialling the use of the program without admission such as where the offender has not
pleaded guilty but has been found guilty.
131. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Penalties and Sentences Act 1992 and the Corrective Services Act 2006 to require a court to consider ordering a pre-sentence report when determining whether a community-based order may be suitable for an offender who is otherwise facing a period of imprisonment. These amendments should not commence until Queensland Corrective Services develops and implements a plan for sustainable expansion of court advisory services across Queensland (recommendation 130).
132. Queensland Corrective Services develop and implement a plan for the sustainable expansion of court advisory services across Queensland to support greater use of pre-sentence reports (recommendation 129).
133. The Queensland Government better meet the health and wellbeing needs and disability support needs of women and girls in adult correctional centres and youth detention centres. This will include ensuring there is a gendered response to meet the particular needs of women and girls in custody.
The implementation of this recommendation will include providing health and wellbeing assessment, treatment and ongoing care through timely access to doctors and nurses 24 hours a day, seven days a week.
134. The Queensland Government advocates with the Federal Government to enable eligible women and girls who are in custody to access Medicare and the National Disability Insurance Scheme.
135. Queensland Corrective Services and the Department of Children Youth Justice and Multicultural Affairs work together collaboratively to design and implement culturally appropriate family and parenting support to women and girls in custody who are mothers, to enable them to maintain a connection with their children and help mothers to care safely for their children when they are released from custody.
This could include expanding existing Intensive Family Support and Child and Family Wellbeing Services to enable them to provide services to women in custody within their catchment area.
Access to family support services should form part of a woman’s transition from custody plan and continue after release from custody.
136. The Queensland Government take immediate steps to better meet the needs of women and girls in custody who are pregnant, and the needs of children living in custody with their mothers.
These steps will include that:
o − ensure that Queensland Health provides health services, medical care and treatment for children living in custody with their mothers, beyond emergency treatment to a standard equivalent of that available to children living freely in the Queensland community
o − Queensland Corrective Services provides essential baby items required for the daily care and wellbeing of children in custody with their mothers, free of charge including nappies, wipes, clothing, footwear, cot linen, baby food, medicine, dummies, formula, breast milk pump and bottles
o − On entry to custody, women are asked if they might be pregnant and, if so, are monitored and provided with all necessary health, wellbeing and medical antenatal care and treatment throughout the duration of their pregnancy from a suitably trained medical practitioner
o − women in custody who experience pregnancy loss are provided health, wellbeing and medical care
o − women in custody who are pregnant are provided appropriate medical care in an appropriate location during the birth of their baby
o − women in custody receive all necessary health, wellbeing and medical postnatal care from a suitably trained medical practitioner.
137. The Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence progress amendments to the Coroners Act 2003 to include the death of a child born to a woman while she is in custody, stillbirths experienced by women in custody, and the death of a child living in custody with their mother as a reportable death in custody for the purposes of the Coroners Act 2003.
138. Queensland Corrective Services immediately move to introduce the widespread use of non- invasive screening technology to end the practice of strip searches in all women’s correctional facilities. During the implementation of non-invasive screening technology, Queensland Corrective Services will implement policies, procedures and practices for strip searches of women that are trauma-informed and compatible to the greatest extent possible with women’s human rights, in accordance with the advice received from the Queensland Human Rights Commission (recommendation 137).
139. The Queensland Human Rights Commission exercise its functions under section 61(c) of the Human Rights Act 2019 to review policies, procedures and practices relating to the use of strip searches on women in Queensland correctional facilities in relation to their compatibility with human rights and provide advice to Queensland Corrective Services about how compatibility could be improved.
140. The Minister for Police and Corrective Services and Minister for Fire and Emergency Services review the impact of section 68A of the Correctives Services Act 2006 on women prisoners and make necessary amendments to ensure that women with low security classifications are held in low security facilities to the greatest extent possible.
141. Queensland Corrective Services develop and implement a framework for practice within all women’s correctional services that includes policies, procedures and practices that support staff to have the necessary skills and competencies required to effectively and appropriately manage women in prison. This will include:
o − ongoing competency based trauma-informed, gender responsive and culturally capable training for staff at both an intensive and entry-level, and
o − practical guidance about managing women in a correctional setting who have experienced child and other sexual violence, physical violence and domestic and family violence
o − other initiatives, including professional supervision and support.
142. The Department of Children, Youth Justice and Multicultural Affairs develop and implement a framework for practice within youth justice services including detention centres that includes policies, procedures and practices that support staff to have the necessary skills and competencies required to effectively and appropriately manage girls in the youth justice system including in detention. This will include:
o − ongoing competency based trauma-informed, gender responsive and culturally capable training to staff at both an intensive and entry-level and
o − practical guidance about managing girls in the youth justice system who have experienced child and other sexual violence, physical violence and domestic and family violence
o − other initiatives, including professional supervision and support.
143. The whole-of-government strategy for women and girls in the criminal justice system,
recommended by the Taskforce (recommendation 93) include a key focus on:
o − meeting the care, wellbeing, medical and disability support needs of women and girls including those who are in custody
o − improving access to rehabilitation programs as a priority for women and girls to reduce re-offending and recidivism, including for those in custody
o − meeting care and wellbeing needs by improving access to expanded psychological care to include non-acute mental health interventions and trauma support in custody, with continuity upon release
o − maintaining contact with children, connection with family, community and culture
o − improving access to education as a priority for women and girls to reduce re-offending and
recidivism, including for those in custody
o − ensuring women’s human rights protected under the Human Rights Act 2019 are not
unjustifiably limited.
144. The Minister for Police and Corrective Services and Minister for Fire and Emergency Services amend the Corrective Services Act 2006 to include a requirement for Queensland Corrective Services to take reasonable steps to ensure that women in a corrective services facility in Queensland are managed in ways that meet the following standards:
o − their dignity and rights are respected at all times
o − the need for physical care and basic hygiene will be met, including being provided with
adequate food, accommodation and clothing
o − emotional and psychological needs will be met
o − maintaining connection to family, community and culture
o − education, training and employment needs will be identified and adequately met
o − rehabilitation needs will be adequately identified and met • − dental, medical, disability and other therapeutic needs will be adequately assessed and met
• − the right to maintain family relationships is encouraged and supported.
Additionally, the provision will require that the chief executive reports annually on how they have addressed and met these standards.
145. The Minister for Children and Youth Justice and Minister for Multicultural Affairs review section 263 of the Youth Justice Act 1992 to ensure it requires Youth Justice services to take reasonable steps to ensure that girls in youth detention in Queensland are managed in ways that meet the standards outlined in recommendation 142.
146. Subject to the passage of the Inspector of Detention Services Bill 2021, the Minister with administrative responsibility for the Act include in the terms of reference for the review to be undertaken as soon as practicable five years after its commencement, consideration of whether the Act should be amended to include a function for the inspector to receive and manage complaints and investigate incidents in the first instance.
147. The Minister for Police and Corrective Services and Minister for Fire and Emergency Services progress amendments to Chapter 6 of the Corrective Services Act 2006 to strengthen the complaints processes for women detained at a correctional centre including by providing the following minimum protections:
o − ensuring confidentiality for people making complaints, the fact a complaint has been made and for the nature and content of a complaint
o − creating a duty for corrective services officers to report improper conduct toward prisoners by other corrective services officers or staff (for example Queensland Health staff) working in a correctives services facility. There should be disciplinary consequences for failing to report such conduct.
o − that a complainant should not be subjected to reprisal, or attempted reprisal by Queensland Corrective Services or any other person for making the complaint
o − creating an offence for a person who knowingly participates in the reprisal against a prisoner for making a complaint under the Corrective Services Act 2006, either directly or indirectly with consideration to be given to creating a circumstance of aggravation if the offender is a corrective services officer
148. Subject to the passage of the Inspector of Detention Services Bill 2021, the Inspector of Detention Services consider issuing inspection standards in accordance with its functions and powers about the management of women and girls in correctional facilities and detention centres relating to:
o − Wellbeing, medical and dental care including pre and post-natal care, and disability support
o − Accommodation and physical care including hygiene and sanitation
o − Managing and meeting the needs of children in prisons with their mothers
o − Emotional and psychological care and trauma support
o − Connection to family, community and culture
o − Education, training and employment
o − Rehabilitation programs and initiatives
o − Planning and supporting transition from custody and reintegration into the community.
149. Queensland Corrective Services and the Department of Children, Youth Justice and Multicultural Affairs improve the provision of rehabilitation programs offered to women and girls, including those on remand by:
o − ensuring that there is increased delivery of gender specific rehabilitation programs, including drug and alcohol and domestic and family violence programs) for women and girls
o − including a focus on continuity of rehabilitation programs upon release from prison and detention
o − reviewing all programs and services being delivered to women and girls within the corrections and youth justice systems with a view to developing a service delivery model based on the Victorian Women’s Services Review with necessary adaptations.
This will form part of the strategy for women and girls in the criminal justice system recommended by the Taskforce (recommendation 93).
150. The Queensland Government accept and implement:
o − recommendations 35 (programs for prisoners) and 44 (post-prison support) of the Women in Prison 2019 report of the Anti-Discrimination Commission Queensland, and
o − recommendations 17 (remand programs), 19 (throughcare) and 21(recidivism research and implementation plan) of the Queensland Productivity Commission Inquiry into imprisonment and recidivism report with respect to programs on remand.
151. The Minister for Police and Corrective Services and Minister for Fire and Emergency Services progress amendments to the Corrective Services Act 2006 and the Minister for Children and Youth Justice and Minister for Multicultural Affairs progress amendments to the Youth Justice Act 1992 to remove any doubt that participation in a program or engagement in a service while on remand in custody, and anything said or done whilst participating in a program or engaging in a service, cannot be used in evidence in any criminal, civil or administrative proceedings relating to the offence for which the detainee has been charged.
152. The Queensland Government establish and fund a specialist mental health and trauma support program to provide acute and non-acute assessment, treatment and care to women and girls in custody in Queensland, including those on remand. This program will support women and girls while they are in custody, during their transition into the community and beyond to appropriately manage mental health issues and to heal from trauma experiences including in response to domestic and family violence and sexual violence. The program will deliver services that are trauma-informed and gender responsive and will aim to help women and girls to address factors contributing to their offending behaviour and reduce the risk of re-offending.
153. Queensland Corrective Services, as part of its Women’s Strategy 2022-2027 and the associated Action Plan:
o − urgently progress the replacement of the Prisoner Telephone System to reduce costs and other accessibility issues
o − fund some, or all prisoner phone calls, letters and emails to family, children and Elders
o − increase facilitation of calls with family and children and Elders via the internet including
regular virtual visits
o − cease the practice of withholding family contact opportunities for breaches of discipline
o − ensure that calls to Child Safety are included in the Common Auto Dial List in each prison
on an ongoing basis.
154. Queensland Corrective Services, as part of its Women’s Strategy 2022-2027 and the associated Action Plan, and the Department of Children Youth Justice and Multicultural Affairs improve access to quality education programs for women and girls in custody, including online programs. This must include offering basic numeracy and literacy programs and financial literacy to all women and girls who require them, whether they are serving sentences in custody or the community.
Women and girls in prison and youth detention will have access to a variety of education and training programs that can continue after their release back into the community and that provide a relevant and meaningful pathway to employment. Queensland Corrective Services and Youth Justice will work with universities and vocational education and training providers to further promote and enable access to a variety of courses and programs in prisons and detention that can continue after release and that provide a pathway to meaningful employment.
155. Queensland Corrective Services and the Department of Children, Youth Justice and Multicultural Affairs have responsibility, as part of a transition plan for women leaving prison and girls leaving detention (recommendations 169 and 170), to actively facilitate ongoing participation in educational programs commenced in prison or detention, when they are released.
156. The Queensland Government review current employment, wages and working conditions for all women in custody, whether on remand or serving a sentence in Queensland, to ensure that allowances, employment and remuneration offered are compatible with human rights and relevant industrial requirements.
157. The Queensland Government accept and implement recommendation 23 (improving reintegration of prisoners) of the Queensland Productivity Commission Inquiry into imprisonment and recidivism report and recommendation 39 (investigating merits of work release) of the Anti-Discrimination Commission Queensland Women in Prison 2019 report. This will include:
• − investigating the viability of a work release scheme tailored to meet the needs of women in Queensland, such as the ‘Sentenced to a Job’ program in the Northern Territory, and
• − progressing necessary legislative amendments to enable work release to be included as a reason for granting leave from prison.
158. The Queensland Government accept and implement recommendation 21 (rehabilitation outcomes –Work and Development Orders) of the Queensland Productivity Commission Inquiry into imprisonment and recidivism report and if there is a cost-effective option available, expand Work and Development Orders to be available to women who are in custody and those subject to community corrections orders.
This work should form part of the Queensland Corrective Services Women’s Strategy and Action Plan 2022-2027.
159. The Queensland Revenue Office extend the timeframe that enforcement of a State Penalties Enforcement Registry debt is suspended after a person is released from custody beyond the current period of one month and develop a written policy for the consideration of applications for further extension.
The Queensland Corrective Services will ensure the policy is made available to women on reception in all women’s prisons and the Queensland Revenue Office will further ensure that the:
o − application criteria are clear
o − criteria used by the decision maker and the decision making process is clear
o − policy and practice are compatible with human rights
o − policy is also available on the Queensland Treasury Website (State Penalties Enforcement
Registry Page)
o − language in the policy is simple and clear and an easy read version and versions in multiple
languages are made available.
160. Queensland Corrective Services notify Queensland Revenue Office when a person with a State Penalties Enforcement Registry debt enters custody so that the State Penalties Enforcement Registry can immediately suspend enforcement action. Upon notifying the person that enforcement action has been suspended, the State Penalties Enforcement Registry should notify the incarcerated person about the suspension of enforcement their State Penalties Enforcement Registry debt and the opportunity for them to make application for a Work and Development Order, subject to the implementation of recommendation 156.
161. Queensland Revenue Office collect deidentified demographic data relating to gender, Indigenous status and disability for the purposes of the administration and improvement of the State Penalties Enforcement Registry scheme. Deidentified demographic data about State Penalties Enforcement Registry debt should be published annually.
162. The Queensland Government develop and implement a ‘Time Served Scheme’ based on the Victorian model enabling incarcerated people to address their unpaid fines by converting them into imprisonment days that can be serviced concurrently.
163. The Department of Communities, Housing and Digital Economy review the operation of the fair absence from your home policy and ensure that the:
o − application and assessment criteria are clear
o − women in the criminal justice system who are at risk of entering custody or are in custody
are aware of the policy and supported to apply
o − simple plain English and easy read information about the policy is available and accessible
including in multiple languages, including for women entering prison.
164. The Queensland Government design and implement a scheme to enable some personal belongings and documentation of women and girls who require it to be collected and safely stored while they are in custody. The scheme should draw upon the program operated by Corrective Services New South Wales and delivered by Prisoners Aid in that state.
165. The Queensland Government, in consultation with women and girls with lived experience, First Nations peoples, service system and legal stakeholders accept and implement recommendation 10 of the Anti-Discrimination Queensland Women in Prison 2019 report and design and implement a model to identify women and girls who are at risk of being refused bail and women eligible to apply for parole, to assist them to access appropriate accommodation, services and supports so that they are not held in custody longer than is necessary.
The model will include a collaborative and integrated service system response involving relevant government agencies and non-government services to provide tailored responses to meet women and girls individual needs including in relation to housing and homelessness, health, mental health, drug and alcohol abuse, disability support, youth justice, justice and corrective services. The model will aim to reduce the number of women in custody on remand and those in custody who are eligible to apply for parole and to support them to address factors contributing to their offending behaviour and reduce re-offending.
166. The Department of Communities, Housing and Digital Economy continue to extend and expand the Next Step Home program for women and girls to assist them to find safe and affordable housing to prevent them being detained in custody longer than is necessary. The program should be made available statewide.
167. The Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts review and amend the Residential Services (Accreditation) Act 2002 to ensure that providers of boarding houses and transitional accommodation are required to meet reasonable standards and provide safe environments and appropriate supports for women residents. The legislation should provide sufficient regulatory oversight to ensure residents are given appropriate supports and standards of hygiene, maintenance and safety and there are sufficient powers to ensure standards can be enforced.
168. The Queensland Government work with the Federal Government and local councils to highlight the housing and homeless issues for women and girls who are involved in the criminal justice system as victims of domestic, family and sexual violence and as accused persons and offenders in Queensland and commit to addressing these issues as an urgent priority.
The Queensland Government will consider mechanisms for all levels of government to come together with people with lived experience, First Nations peoples, and legal and service system stakeholders to generate options for solution, including at a specially convened summit.
169. Queensland Corrective Services and the Department of Children Youth Justice and Multicultural Affairs develop comprehensive accessible information about the services and supports available to help women and girls transition from custody. This information will be provided to all women and girls when they enter custody. it will include clear easy to understand information about how and when these services and supports can be accessed and the role and responsibility of Queensland Corrective Services and Youth Justice to ensure they have a release plan in place prior to their release from custody (recommendations 169 and 170).
170. The Queensland Government design and implement a process to enable women and girls in custody to apply for relevant identification documents so they have them prior to their release, as far as possible. This should include birth certificates, drivers’ licences, immunisation records, Medicare eligibility documentation and other documentation necessary upon their release. The Queensland Government should work with relevant Federal Government agencies to establish processes enable women and girls to access documentation while they are in custody.
171. The Minister for Police Corrective Services and Minister for Fire and Emergency Services progress amendments to the Corrective Services Act 2006 to make clear that Queensland Corrective Services has an obligation to ensure women in its custody have an appropriate release plan in place prior to their release from custody. The amendments should make clear that the development of the plan should commence when a women enters custody and an appropriate plan should be in place within a reasonable period before a women is released.
The planning approach will encourage women to take responsibility for their own care and wellbeing after release and empower them to seek assistance to reduce their vulnerability, and to ensure they have access to the help and assistance they need to reduce the risk of re- offending. An appropriate plan should include information about how the following needs will be met:
o − suitable accommodation and housing
o − health, and disability support
o − mental health, drug and alcohol, and trauma support
o − education, training and employment
• − access to adequate income
• − connection to family, community and culture
• − ongoing rehabilitation support
• − other needs required by an individual woman.
The legislative amendments will make clear that Queensland Corrective Services has an obligation to continue to support women to implement their release plan for a reasonable period after their release.
The legislative provisions will enable Queensland Corrective Services to meet its obligations by engaging funded non-government organisations to perform some or all of the functions required to meet these obligations.
172. The Minister for Children and Youth Justice and Minister for Multicultural Affairs progress amendments to the Youth Justice Act 1992 to make clear that Youth Justice has an obligation to ensure girls in its custody have an appropriate release plan in place prior to their release from custody. The amendments should make clear that the development of the plan should commence when a girl enters detention and an appropriate plan should be in place within a reasonable period before she is released.
The planning approach will appropriately recognise the girl’s age and level of maturity and the guardianship, family and other supports the girl has in the community. An appropriate plan should include information about how a girl’s needs will be met following her release including:
o − suitable accommodation and housing
o − health, and disability support
o − mental health, drug and alcohol, and trauma support
o − education, training and employment
o − access to adequate income
o − connection to family, community and culture
o − ongoing rehabilitation support
o − other needs required by an individual girls.
The legislative amendments will make clear that Youth Justice has an obligation to continue to support girls to implement their release plan for a reasonable period after their release including after they reach the age of 18 years’ old.
The legislative provisions should enable Youth Justice to meet its obligations by engaging funded non-government organisations to perform some or all of the functions required to meet these obligations.
173. The Queensland Government, in consultation with people with lived experience, First Nations peoples, and service system and legal stakeholders design, fund and implement a consistent statewide model with a single service name to support women and girls to plan for their release from custody and to provide and coordinate supports and services for a reasonable period after their release.
The model will be delivered by funded non-government organisations, which could include different providers in different locations including Aboriginal and Torres Strait Islander community controlled organisations. The model will provide support to women and girls to assist them to reintegrate back into the community irrespective of where they live.
174. Queensland Corrective Services continue to support and work in partnership with the Transforming Corrections to Transform Lives project led by the Griffith Criminology Institute including to support implementation of the program and its evaluation. The results of the evaluation of the project will inform ongoing delivery of the model.
175. The Department of Justice and Attorney-General provide information and assistance to eligible women in custody who require a blue card after they are released to make an application to Blue Card Services. This assistance will continue through the application process and take into consideration the additional barriers women in custody face in engaging with the complex assessment process. This assistance will also include Blue Card Services visiting women’s correctional facilities across Queensland to provide information and assistance to enable women in custody to make an application before they are released.
176. The Attorney-General and Minister for Justice, Minister for Women and the Minister for the Prevention of Domestic and Family Violence review the operation and implementation of the Working with Children (Risk Management and Screening) Act 2000 in relation to women and girls who have been involved in the criminal justice system as accused persons or offenders to ensure it is operating in a manner consistent with its objectives. The review will take into consideration the particular impacts of the operation and implementation of the Act for First Nations women.
177. The Queensland Government include women and girls’ access to meaningful employment as a key priority in the whole of government strategy for women and girls in the criminal justice system (recommendation 93), recommended by the Taskforce.
178. That the Queensland Government work with private and public sector employers to consider the viability of implementing a pathway to employment scheme and ‘buddy system’ in Queensland. Such a scheme should provide a pathway for women and girls with a criminal history, including those who have been in custody, to gain the experience they need to find longer term meaningful employment in public and private sector roles.
179. The Department of Justice and Attorney-General develop a plan to replace the Queensland Wide Inter-linked Courts database with a contemporary and innovative database that supports the effective and efficient administration of courts in Queensland and enables information about victim-survivors and accused persons and offenders to be recorded and extracted, in compliance with existing safeguards and protections relating to the collection, storage and use of personal information by government agencies. Data will be able to be extracted from the system to be analysed to demonstrate demand pressures and measure system performance at critical points. The system will have capacity to enable extraction of data for analysis to inform the allocation of funds and demonstrate the need for additional investment, and to ensure policy development, practice and service delivery meet community expectations.
180. The Department of Justice and Attorney-General improve its data analytics capability to enable it to better analyse available data to identify trends and issues across the courts and legal process, measure and monitor performance and model impacts of anticipated demand pressures. This will enable the department to better advise the Queensland Government about the impacts of changes across the system, the impacts of proposed strategies to reduce demand and demonstrate the need for additional investment. Improved data analytics capability within the department will also support it to better exercise strategic leadership across the system and to maintain and ensure the ongoing use of the Demand and Financial Model or other whole of criminal justice system tools.
181. The Queensland Government clarify agency roles and responsibilities and allocate a clear responsibility for whole of criminal justice system oversight and strategic leadership including in relation to advising on evidence-based whole of Government and whole of system solutions to reduce the rate of offending and re-offending, and the rate of imprisonment. This criminal justice system leadership role will include measuring and monitoring demand and the impacts of proposed initiatives across the system including ensuring the maintenance and use of the Demand and Financial Model developed as part of the Criminal Justice System Reform Framework and Action Plan and other relevant models and tools. The leadership role will also include leading a collaborative process to design and oversee the implementation of whole of government and whole of system strategies and initiatives, including the strategy for women and girls who are involved in the criminal justice system recommended by the Taskforce (recommendation 93).
182. The Queensland Government design and implement a mechanism for improved data integration across the criminal justice system so that the information about victim-survivors and accused persons and offenders is able to be recorded, tracked and monitored across the system to better inform the identification of trends and issues and strategic policy, practice and service delivery improvements.
183. The Queensland Government, in establishing a victims’ commissioner as recommended by the Taskforce (recommendation 18) include as functions of the commission:
o − to develop and coordinate a multidisciplinary research program to inform policies and practices, in consultation with stakeholders and relevant agencies;
o − to develop and implement mechanisms to regularly collect and share the views and experiences of victim-survivors including of domestic and family violence and sexual violence.
184. The Queensland Government investigate the viability, benefits and value for money of establishing an independent body in Queensland to provide advice on factors that affect the distribution and frequency of crime, the effectiveness, efficiency or equity of the criminal justice system, and to ensure that information is available and accessible to agencies, stakeholders, and the community. Such a body will assist the Queensland Government and agencies with administrative responsibility across the criminal justice system to identify issues and trends, design and implement strategies that reduce crime, and provide a more efficient, effective and equitable criminal justice system. The investigation should draw upon the benefits and learnings of the New South Wales Bureau of Crime Statistics and Research. The outcome of the investigation should be publicly reported.
185. The Queensland Government recommit to and revitalise the justice reinvestment project in Cherbourg including by providing clarity about scope, intended outcomes and timeframes. This will include strengthening governance arrangements, resources, supervision and support provided to the project and embedding an independent evaluation framework that incorporates clear outcomes and impacts that are regularly measured and monitored. This will draw upon the successes achieved and lessons learned by the Maranguka Justice Reinvestment project in Bourke in New South Wales. The evaluation of the Cherbourg project will take into consideration impacts and outcomes achieved for women and girls and inform the further expansion of justice reinvestment approaches in other locations.
186. The Queensland Government develop and implement a whole of government monitoring and evaluation plan to measure and monitor outcomes achieved across the sexual violence service system including criminal justice system responses to sexual violence. The monitoring and evaluation plan will:
o − track progress towards outcomes sought to be achieved through the implementation of the Taskforce’s recommendations and across the system
o − support the implementation of Prevent. Support. Believe. Queensland’s Framework to address Sexual Violence
o − incorporate qualitative and quantitative measures, including the voices of victim-survivors to measure impacts and outcomes.
187. As part of the whole-of-government strategy for women and girls involved in the criminal justice system as accused persons and offenders (recommendation 93), the Queensland Government develop and implement a monitoring and evaluation plan to measure and monitor outcomes achieved across the criminal justice system. The monitoring and evaluation plan will:
o − track progress towards outcomes sought to be achieved through the implementation of the Taskforce’s recommendations and across the system
o − support the implementation of the whole-of-government strategy
o − incorporate qualitative and quantitative measures, including the voices of women and girls
who are accused persons and offenders to measure impacts and outcomes.
188. The Queensland Government, include as part of legislative reforms introduced in response to recommendations in this report a statutory requirement for the operation of the relevant amendments to be reviewed five years from when they commence. This will include legislative amendments to the Bail Act 1980, Criminal Code, Criminal Law (Sexual Offences) Act 1978, Corrective Services Act 2006, Evidence Act 1997, Penalties and Sentences Act 1992, Police Powers and Responsibilities Act 2000 and the Youth Justice Act 1992. The statutory review of the operation of these legislative amendments will include consideration of the impacts and outcomes achieved for women and girls.
189. The Women’s Safety and Justice Taskforce reaffirms recommendations 87 and 88 in Hear her voice: Report One, Addressing domestic and family violence and coercive control in Queensland, and recommends that the roles of ministerial directors-general level governance mechanisms implemented in response to those recommendations are expanded to include responsibility for implementing the recommendations made in this report.
190. The Women’s Safety and Justice Taskforce reaffirms recommendation 89 made in its first report, Hear her voice: Report One, Addressing domestic and family violence and coercive control in Queensland, and recommends that the role of an independent implementation supervisor be expanded to include responsibility for overseeing implementation of the recommendations made in this report.
