4495-26 Excessive length of time for DV related matters
Eligibility - Residents of the State of Queensland9 Newman Street
COOKTOWN QLD 4895
The Petition of residents of the State of Queensland draws to the attention of the House that under current laws and practice, domestic violence matters initiated by way of Police Protection Notice and subsequent Temporary Protection Order applications can take many months, and in some contested cases in excess of twelve months, to be finally determined by a court. This prolonged delay creates a significant risk that the court process and police enforcement mechanisms may be misused as instruments of punishment against a respondent
Personality disorders are clinically recognised as a frequent co-occurring condition in matters involving allegations of coercive control. The current system does not require or facilitate early independent clinical assessment of either party, leaving courts without professional opinion grounded in recognised diagnostic frameworks such as the DSM 5.
The indefinite continuation of ouster conditions no contact with children, founded solely upon the allegations of one party and without timely adjudication, constitutes a serious interference with fundamental human rights.
Your petitioners, therefore, request the House to require that:
- on issuing of a PPN or TPO involving coercive control, both parties be directed to attend a qualified specialist;
- an amendment of the Act to impose in all contested matters where coercive control is alleged, the evidence of both parties be heard and the matter determined within two months of the first return date; and
- the establishment of appropriate resourcing and specialist court capacity ensuring that the rights of all parties, including respondents, are protected.