Labor introduces bill to change definition of strangulation in Queensland

Queensland's opposition is set to introduce a private members bill seeking to enshrine the recommendations of a report on strangulation laws.

It comes more than a year after the report recommended a major overhaul of how the state responds to non-fatal strangulation.

Attorney-General Deb Frecklington said her government is working through the recommendations.

Queensland's opposition has slammed the Attorney-General for failing to act on a report recommending a crackdown on the state's strangulation legislation, despite it "sitting on [her] desk for more than a year".

The Queensland Law Reform Commission (QLRC) handed down its report in September last year, recommending a major overhaul of how the state responds to non-fatal strangulation, particularly in domestic violence situations.

It found loopholes in the law were leading to failed or lengthy legal battles for victim-survivors of domestic and family violence in the courts and made 18 recommendations.

It also found the risks of strangulation were not well known; calling for more education as well as a change to laws.

The report stated strangulation was one of the strongest predictions of a future homicide, and far more force is used to open a can of soft drink, than what is required to restrict arteries.

The Opposition will today introduce a private members bill, in a bid to enshrine the recommendations of the QLRC's report.

Opposition leader Steven Miles said the report has not been acted on since it landed on the government's desk 394 days ago.

"394 days gathering dust when they could have been keeping women safe," Mr Miles said.

But the Attorney-General said the Labor party was "playing politics with women's lives".

"Please do not listen to the Labor Party, who are going to run a scare campaign," she said.

The QLRC's review was prompted by a Queensland Audit Office report which found only 51 per cent of strangulation charges resulted in a conviction.

The QLRC stated there were several barries to proving strangulation — including a lack of visible injuries.

The QLRC recommended the definition of bodily harm from strangulation be amended to include complete or partial restriction of blood circulation or breathing.

It stated this was to ensure where there's a lack of evidence from a physical injury, it "does not prevent a charge of assault occasioning bodily harm being laid".

"This is about making sure that all of those forms of strangulation are properly captured under the law," Opposition Attorney-General, Meaghan Scanlon said.

Ms Scanlon said the proposed laws also seek to introduce an aggravated offence for strangulation, carrying a maximum penalty of 14 years behind bars, compared with 7 years for a non-aggravating offence.

"And the bill also allows this matter to be dealt with when the magistrates will, which means victims will get justice sooner," Ms Scanlon said.

It also recommended changes to remove certain defences to strangulation in a court, but include other defences like affirmative consent in a sexual setting, or where the conduct occurred in a sporting context.

It recommended axing defences like provocation, domestic discipline and prevention of repetition of insult.

Deb Frecklington said the move was "rich" from the Labor party.

"I want to be very clear to the women, in particular, of Queensland who are suffering through domestic violence; there is an offence for strangulation and choking in a domestic setting," Ms Frecklington said.

"I genuinely believe that if [Labor] wanted to protect women and children in this state, they would have supported us when we made strangulation an offence under adult crime, adult time."

Ms Frecklington said her government was working through the recommendations.