Queensland's proposed domestic and family violence legislation has raised concerns from the Crime and Corruption Commission (CCC) over potential corruption risks related to police discretion in handling cases involving fellow officers. The CCC cautioned that allowing police to issue on-the-spot Police Protection Directions (PPDs) to other officers without requiring court approval could weaken safeguards against internal bias and undermine public confidence.
Currently, police cannot issue these orders directly to colleagues in domestic and family violence matters; instead, such decisions require judicial oversight. The proposed amendments would remove this restriction, granting officers the authority to impose PPDs immediately in incidents involving police personnel.
The CCC’s submission to lawmakers emphasized that this change could exacerbate challenges victims face when reporting abuse by fellow officers. Kathryn McMillan KC, Acting Chair of the CCC, noted the significant courage required for victims to come forward and the necessity of maintaining impartial and independent processes. She argued there was no justification for removing existing protections that prevent police from effectively policing their own.
Premier David Crisafulli defended the amendments, asserting that expanding police powers to issue PPDs is essential for providing timely protection to vulnerable women and children. He described the current system as slow and burdensome, potentially delaying help for those at risk.
Responding to the CCC’s concerns, a spokesperson from the Queensland Department of Families acknowledged that the proposed legislation lacks specific provisions for domestic violence cases involving police officers. However, the department pointed to several safeguards intended to address power imbalances, including supervisory approval requirements for PPDs, discretion for police to refer complex or high-risk cases to courts, mandatory judicial involvement in certain situations, and rights for affected individuals to seek court review of decisions.
Additionally, the department stated that the Queensland Police Service would offer policy guidance to support appropriate handling of these sensitive cases.
The controversy arises amid ongoing calls for the establishment of a dedicated Police Integrity Unit, previously recommended by the Commission of Inquiry into Queensland Police Service Responses to Domestic and Family Violence, which remains unimplemented. The CCC warned that without such a unit, reliance on internal police discretion could further erode trust in law enforcement’s ability to address domestic violence allegations involving their own members.
