Jail terms for perpetrators of domestic violence have remained the same despite several reforms on the back of a historic inquiry into how the justice system has dealt with crimes against women.
But Queensland judges and magistrates are taking sentencing more seriously with an increase in the number of prison terms being handed out to those found guilty of domestic violence offences.
The results were revealed in a Queensland Sentencing Advisory Council the report was made public on Monday, after it was handed over to the Attorney General Deb Frecklington at the end of last month.
QSAC council chairman and former judge Kerry O’Brien AM said Queensland had already done a lot to end the scourge of domestic violence in society.
O’Brien, who was the longest-serving judge in the District Court, said the study found sentencing practices had shifted toward treating domestic violence more seriously than other crimes.
“We are seeing increased use of custody and supervision orders, as well as imprisonment, for breaching a domestic violence order,” he wrote.
“However, the length of custodial sentences has not changed.”
The report found the breadth of reform and systemic change meant it was impossible to pinpoint what was driving sentencing trends.
The report draws on more than a year of research into the former Labor government’s reforms to higher penalties for DVO breaches and the introduction of domestic violence as a precipitating factor for sentencing purposes.
When the sentencing research was taken more seriously, there were two non-DV offenses – acts intended to cause grievous bodily harm, and burglary and committing a misdemeanor – that did not follow that pattern.
“Our research suggests this was due to significant case differences between offenses judged to be DV offenses and those that were not,” the report said.
The report said the number of people convicted of DVO breaches had increased by 258 per cent from 2013-14 to 2024-24.
In the 2024-25 period, two-thirds of offenses were aggravated, with charges increasing.
The study also found offenses committed in other jurisdictions were less frequently recorded as domestic violence offences, which could affect sentencing practices.
The increase in the severity of penal consequences for DV offenders and breach of orders was related to the introduction of the two amendments.
However, because the reform took place during a period of great change, the council could not determine with certainty whether the reform was the cause.
The report also said the types of conditions that were breached on the DVO or the nature of the breach could not be determined from administrative data.
The Council made 12 findings and seven observations on sentencing reform, including improved data capture to support a better understanding of the actual amount of time spent in custody, and the creation of standardized integrated data sets for better research efforts.
In the report, O’Brien said the council’s work confirmed the need to improve systems and evidence bases across the system.
“We cannot assess and the government cannot change what cannot be seen. Improving data systems in Queensland is essential,” he said.
“More comprehensive data must be captured and integrated at the payment level to enable the impact of criminal justice reform to be properly understood.”
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Chloe Read is a crime and court reporter at the Brisbane Times.Connect through X or email address.
