Sentencing domestic violence

Our review focuses on the impact of two distinct sentencing reforms introduced to address domestic and family violence offences in Queensland.

Domestic Violence as an aggravating factor

In May 2016, a legislative change was made requiring courts to treat a domestic violence offence as more serious when deciding on a sentence. This is referred to as an ‘aggravating factor’, under section 9(10A) of the Penalties and Sentences Act 1992 (Qld).

This means that individuals convicted of domestic violence offences are at greater risk of harsher sentences, such as imprisonment. These offences are also recorded on a person’s criminal history, helping courts identify patterns of domestic violence offending if they reoffend in the future.

Our review is assessing how this change has affected sentencing practices and whether it has improved victim-survivor satisfaction with the sentencing process.

Increased maximum penalties for contravening domestic violence orders

We are also looking at the impacts of the increased maximum penalties introduced in 2015 for breaching a domestic violence order, which is a criminal offence under section 177 of the Domestic and Family Violence Protection Act 2012 (Qld).

The current maximum penalties are:

• 240 penalty units ($38,712) or 5 years imprisonment if the person has been convicted of a domestic violence offence within the previous 5 years.
• 120 penalty units ($19,356) or 3 years imprisonment in all other cases.

Next steps and updates

Feedback on the Consultation Paper has now been received and is being reviewed.

Our findings and any recommendations will be included in the final report, which is on track to be delivered by 27 February 2026.