Youth Justice and Other Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill tightens bail for serious repeat youth offenders, trials electronic ankle monitoring for 16-17 year olds in limited areas, gives police new powers to scan for knives in Gold Coast entertainment precincts, and strengthens owner onus rules for hooning offences. It responds to a small cohort of recidivist young offenders responsible for nearly half of all youth crime, recent knife murders on the Gold Coast, and ongoing community concern about dangerous driving.
Who it affects
Repeat young offenders aged 16-17 face tougher bail conditions and potential electronic monitoring. People in the Surfers Paradise and Broadbeach nightlife areas may be scanned for knives. Vehicle owners must help identify drivers involved in hooning or face penalties of up to 100 penalty units.
Youth justice bail reforms
Strengthens the bail framework for serious recidivist youth offenders. Creates a presumption against bail for young people charged with serious offences while already on bail, and trials electronic monitoring devices for offenders aged 16-17 in prescribed areas. Courts can also consider whether a parent or other person will support the young person to comply with bail conditions.
- Young people charged with a prescribed indictable offence while already on bail must 'show cause' why they should be released
- 12-month trial of electronic monitoring (tracking devices) for recidivist offenders aged 16-17, with a 2-year sunset clause
- Courts and police can consider parental or community support when making bail decisions
- Offending while on bail is codified as an aggravating factor at sentencing
- Charter of Youth Justice Principles amended to specifically reference protecting the community from recidivist high-risk offenders
Knife scanning on the Gold Coast
Introduces a trial of hand-held metal scanner powers for police in the Surfers Paradise CBD and Broadbeach CBD Safe Night Precincts. Police can stop and scan people for knives without a warrant during authorised 12-hour periods. The trial includes safeguards and a 2-year sunset clause.
- Police can require people to stop and submit to a hand-held metal scan for knives in prescribed Gold Coast entertainment areas
- Scanning must be authorised by a senior police officer (inspector or above) for 12-hour periods
- Refusing to comply with scanning may result in a search without warrant
- Safeguards include least invasive approach, same-sex scanning where practicable, and written notice to the person
- Provisions expire after 2 years
Hooning enforcement
Expands the existing owner onus scheme from police evasion offences to all type 1 vehicle related offences (hooning). Vehicle owners must provide a statutory declaration to help police identify who was driving during a hooning offence.
- Owner onus provisions expanded to cover all type 1 vehicle related offences, not just evasion offences
- Vehicle owners must provide a statutory declaration with details to help identify the driver
- Failing to provide the declaration is an offence carrying a maximum penalty of 100 penalty units
- If the owner does not provide a declaration, they may be deemed to be the driver
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee25 Feb 2021View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the Youth Justice and Other Legislation Amendment Bill 2021 over seven weeks, receiving 83 written submissions and holding seven public hearings across Mount Isa, Cairns, Townsville, Brisbane and the Gold Coast. The committee recommended the bill be passed, acknowledging deeply divided stakeholder views: legal and social service organisations argued the bill would further marginalise vulnerable young people without addressing root causes of offending, while community members in regional areas expressed frustration at recidivist youth crime and called for stronger measures. Sandy Bolton MP filed a Statement of Reservation supporting passage but noting the youth justice provisions were viewed as a short-term measure by both sides of the debate.
Key findings (5)
- Around 10 per cent of youth offenders were responsible for 48 per cent of all youth offending, and the bill targeted this cohort of serious recidivist offenders
- Multiple stakeholders raised concerns that the bill would disproportionately affect Aboriginal and Torres Strait Islander young people, who made up over 70 per cent of young people in detention in Queensland
- Evidence on the effectiveness of GPS electronic monitoring for children was inconsistent across jurisdictions, prompting the government to propose a two-year trial rather than permanent implementation
- Regional hearings revealed widespread community frustration, particularly in Townsville, with residents describing living in fear due to repeat youth offending and a perception of inadequate consequences
- Legal, human rights and social service organisations broadly opposed the youth justice provisions, arguing they would not address the underlying causes of offending such as poverty, family dysfunction, fetal alcohol spectrum disorder and homelessness
Recommendations (1)
- The committee recommends the Youth Justice and Other Legislation Amendment Bill 2021 be passed.
Committee report tabled
▸Second Reading20 Apr 2021View Hansard
▸49 members spoke22 support2 oppose25 mixed
Supported the LNP's amendment to restore breach of bail but argued the government's measures fall short of what is required, citing rising youth crime statistics and the failure of Labor's bail houses.
“The LNP's amendment to restore breach of bail provisions will improve the bill. We have been consistent with our policy approach on youth justice.”— 2021-04-22View Hansard
Spoke in support of the bill as a member of the Legal Affairs and Safety Committee, outlining the bill's objectives and the committee's recommendation that the bill be passed.
“The Legal Affairs and Safety Committee, in its report No. 7, tabled in this Assembly on 16 April 2021, has recommended to the Assembly that this bill be passed.”— 2021-04-21View Hansard
Moved the second reading as Minister for Police, presenting the bill as decisive action to target the 10 per cent cohort of serious recidivist youth offenders responsible for almost 50 per cent of offending, backed by nearly $100 million in new funding for GPS monitoring trials, presumption against bail, knife scanning powers and anti-hooning measures.
“This bill, together with the governments continued investment in the Working Together Changing the Story: Youth Justice Strategy 2019-2023 and the five-point plan, represents decisive action to address this cohort of serious recidivist youth offenders who continue to pose a risk to the community and themselves.”— 2021-04-20View Hansard
Supported the bill as a step in tackling youth justice reform, emphasising the need for generational change through education, housing and violence reduction rather than a silver bullet approach.
“Wouldn't it be great if in 20 years these kids have a secure job, earning a living, providing for their families and paying taxes?”— 2021-04-22View Hansard
Supported the bill but argued it does not go far enough, criticising the government's inconsistent approach to youth justice and calling for breach of bail to be restored as an offence.
“We all support this bill. We will seek to move the amendment. We will watch the outcome closely.”— 2021-04-21View Hansard
Stated the LNP would not oppose the bill but expressed serious concerns it falls far short of addressing youth crime, criticising the exclusion of 15-year-olds from GPS tracking, the lack of consequences for cutting off GPS bracelets, and tabled amendments to make breach of bail a criminal offence for juveniles.
“This bill falls a long way short of addressing the youth crime issue plaguing this state. I could talk about the need for early intervention, the need for more support for the families of these young offenders, truancy, the gaps in the system at point of release and the poor record in rehabilitating these young offenders, but this bill does not mention any of those initiatives for intervention strategies.”— 2021-04-20View Hansard
As a committee member, supported the bill's passage but with reservations, noting the measures do not go far enough for either side of the debate and calling for further investigation of relocation sentencing and youth Murri courts.
“While I support the passage of this bill and its efforts for greater safety, that support should not be seen as endorsing these measures as a solution that will deliver to either side of the debate the outcomes sought.”— 2021-04-22View Hansard
Supported the bill as a committee member, emphasising the need for early intervention and wraparound services alongside the legislative measures targeting the 10 per cent of hardcore recidivist offenders.
“On the basis that this it is a positive step towards community safety, I commend the bill to the House.”— 2021-04-21View Hansard
Supported the bill as Minister for Children and Youth Justice, arguing it builds on the government's half-billion-dollar investment in youth justice and targets the small cohort of serious repeat offenders, while emphasising the need for both strong responses and diversionary programs to turn young lives around.
“Community safety is paramount and community confidence in our youth justice system is essential. These are the principles underpinning our Working Together Changing the Story Youth Justice Strategy, which remains our government's foundation policy direction for youth justice in Queensland.”— 2021-04-20View Hansard
Spoke in support of the bill following the tragic deaths of constituents Matt and Kate Leadbetter, praising the government's response and the new hooning and bail provisions.
“I am so glad that they listened to me but also, more importantly, to my community.”— 2021-04-22View Hansard
As deputy chair of the committee, did not oppose the bill but argued it falls well short of what is needed, calling for breach of bail to be reinstated and criticising the limited scope of GPS monitoring provisions.
“I will not be opposing this bill. However, it is my sincere belief that the measures in this bill fall well short of what is required to keep the community safe from these repeat offenders.”— 2021-04-21View Hansard
Criticised the bill as taking only small steps when communities are screaming for real action, arguing the government's $500 million prior investment had failed to reduce serious recidivism, pointing to the failed bail houses program and questioning whether GPS devices will work given offenders can remove them.
“This legislation takes some small steps at a time when parts of our state, in particular North Queensland, are screaming out for some real action.”— 2021-04-20View Hansard
Strongly criticised the government's record on youth justice, arguing crime went down under the LNP and up under Labor, and called for the government to support the LNP's breach of bail amendment.
“The LNP has shown that we are always stronger and tougher on youth crime. Labor just make announcements.”— 2021-04-22View Hansard
Defended the bill as a committee member, arguing that the government's evidence-based approach including the Transition 2 Success program is more effective than the LNP's failed breach of bail offence.
“We do have to stay the course on our approach to youth justice because we know it is making a tangible and positive difference to young people, their families and our communities.”— 2021-04-21View Hansard
As Attorney-General, supported the bill's bail reforms including the presumption against bail and GPS monitoring trial, arguing the amendments are appropriately targeted to the recidivist cohort.
“Collectively, the amendments proposed in the bill reinforce the importance of community protection and demonstrate the Palaszczuk government's absolute commitment to achieving it.”— 2021-04-22View Hansard
Supported the bill as better than nothing but argued the government has zero credibility on youth crime, criticising its multiple failed plans and calling for consequences for offenders who breach bail.
“We will support this bill because anything is better than nothing, but it does not go far enough.”— 2021-04-21View Hansard
Supported the bill as taking some positive steps but argued it does not go far enough, citing dramatic increases in youth crime statistics on the Sunshine Coast and calling for breach of bail.
“I will support this bill because it does take some positive steps to address the problem, but, simply put, more needs to be done.”— 2021-04-22View Hansard
Supported the bill, particularly the hooning provisions which would help police in Logan, and praised the reverse onus bail provisions as a serious step targeting repeat offenders.
“I want to emphasise to the Logan community what a big step it is to reverse the onus of proof on hooning.”— 2021-04-21View Hansard
Opposed the bill as dangerous kneejerk legislation that will disproportionately impact First Nations children, arguing GPS trackers will increase stigma and the presumption against bail will lead to more children in custody.
“It is a shameful bill that will do absolutely nothing to improve community safety. In fact, it will make us less safe.”— 2021-04-22View Hansard
Supported the bill but predicted it would fail to address youth crime, comparing the government's approach to its failed handling of bikie gangs and calling for stronger legislation.
“We will support this youth justice bill but, again, I guarantee that Ray will be making another speech about youth justice in six to nine months.”— 2021-04-21View Hansard
Supported the bill but argued it is just the latest inadequate kneejerk response from a government with an appalling record on youth justice, urging support for the LNP amendments.
“This bill will not meet community expectations and I urge the government to support the LNP amendments.”— 2021-04-22View Hansard
Supported the bill, focusing on the hooning deeming provisions as a game changer for Logan police and praising programs like the Blue EDGE and youth co-responder teams.
“The new deeming provisions will be a game changer in how many of these hoons are held accountable for their actions.”— 2021-04-21View Hansard
As a former police officer, supported the bill but argued the two biggest missed opportunities are the limited GPS monitoring trial and the absence of breach of bail as an offence enabling police to intervene early.
“If the police had the offence of breaching bail available to them, they could intervene, arrest that child, take him or her to a place of safety or home, or deal with them in another way.”— 2021-04-22View Hansard
As Leader of the Opposition, supported the bill's provisions but called on the government to accept one simple amendment to restore breach of bail as an offence, arguing there must be consequences for actions.
“We are not doing that. We are asking for one thing: we are asking the government to back Queenslanders.”— 2021-04-21View Hansard
Opposed the bill as further marginalising vulnerable children who are scapegoats for failures of successive governments, calling instead for investment in housing, education and drug rehabilitation.
“These measures also completely overlook the root causes of youth criminalisation.”— 2021-04-22View Hansard
Supported the bill including the GPS monitoring trial in her electorate and the hooning deeming provisions, arguing the government has the balance right on youth justice reform.
“Again I suggest the government has the balance right because there are as many people saying these reforms go too far as there are suggesting that these reforms do not go far enough.”— 2021-04-21View Hansard
Supported the bill and the hooning and wanding provisions but argued the legislation will not go far enough to address youth crime on the Gold Coast, urging support for the LNP and KAP amendments.
“We need to support the LNP's amendment to restore the breach of bail provision, which will mean that there will be a consequence for someone who is caught committing a crime while on bail.”— 2021-04-22View Hansard
Supported the bill as going some way towards addressing juvenile crime but argued it does not go far enough, calling for breach of bail to be reinstated and welcoming the knife wanding trial and hooning provisions.
“While this legislation goes some way towards the issues surrounding juvenile crime, it definitely does not go far enough, and that is why the opposition will be moving an amendment.”— 2021-04-21View Hansard
Supported the hooning law reforms as important for his electorate but argued the government has failed miserably on youth justice, with the revolving door system failing to keep communities safe.
“Safety of the community must always come first. When it comes to that hardcore group of youth offenders, what is being done at the moment is not working for the community.”— 2021-04-22View Hansard
Supported the bill as minister, defending the government's evidence-based approach and dismissing the LNP's breach of bail proposal as a proven failure with a 94 per cent reoffending rate.
“This is a complex and a long journey, but we have put our money where our mouth is. We are tracking these things. We know the things that work, and that is what we are committed to doing for this Queensland community.”— 2021-04-21View Hansard
As the responsible minister, defended the bill in reply, arguing it directly targets the hardcore 10 per cent cohort with evidence-based measures, dismissing the LNP's breach of bail proposal as having a 94 per cent failure rate.
“This bill sends an important message to the community. This government has listened to the community's concerns. We are acting on the community's concerns with sensible, evidence based, workable solutions.”— 2021-04-22View Hansard
As a committee member, supported passage but criticised the government's chaotic approach to youth justice, expressing concerns that the GPS monitoring trial may produce too little data to be meaningful.
“My concern, though, is that ... the cohort that will actually have these monitoring devices fitted may be so small that we may not have any meaningful data on which to base further decisions when the sunset clause concludes after two years.”— 2021-04-21View Hansard
Strongly supported the bill as a Townsville member, defending the government's record and arguing the LNP's breach of bail was a proven failure with 90 per cent reoffending rates.
“These are good reforms that are needed for our government to make serious change in youth offending.”— 2021-04-21View Hansard
Supported the KAP amendments for relocation sentencing and removal of detention as a last resort but argued the bill does not meet community expectations on curbing youth crime.
“There seems to be a complete lack of empathy and consideration for victims of repeated youth offenders in this bill.”— 2021-04-21View Hansard
Supported the bill as targeting hardcore repeat offenders, highlighting success of programs like Project Booyah in his Sunshine Coast electorate.
“This should not be about politics. This is about ensuring we have the right measures in place to deliver results for communities across Queensland and reduce youth offending.”— 2021-04-21View Hansard
Did not oppose the bill but argued it would fail regional communities, criticising the government's watering down of youth justice laws since 2015 and calling for breach of bail to apply equally to adults and children.
“Unfortunately, I fear that this legislation before the House will fail these communities and the hardworking everyday Queenslanders and their families.”— 2021-04-21View Hansard
Supported the bill as striking the right balance between holding young people to account and supporting early intervention programs.
“It strikes the right balance. It will hold these young people to account.”— 2021-04-21View Hansard
Welcomed the metal detector wanding trial and some positive changes but questioned the effectiveness of other measures, noting the bill's provisions need to go further to address Gold Coast knife and hooning crime.
“I welcome the plan for some of the positive changes ... However, there are many who call into question the effectiveness of some of the proposed amendments.”— 2021-04-21View Hansard
Strongly supported the bill as a Townsville minister, arguing the government is coming down hard on the hardcore 10 per cent of recidivist offenders and backing police with stronger laws and greater resources.
“We make no apologies for targeting hardcore, repeat offenders who place our community in danger.”— 2021-04-21View Hansard
Supported the bill but called on the government to also support the LNP's breach of bail amendment, highlighting the role of education and fetal alcohol spectrum disorder in youth offending.
“The LNP firmly believes that it is imperative to amend section 29 of the Bail Act in order that it equally applies to both adults and young offenders.”— 2021-04-21View Hansard
Supported the bill as acting on community feedback and expert advice, highlighting the Youth Crime Taskforce forum held in her electorate and the government's evidence-based approach.
“We are acting based on expert advice and on the evidence. Our government is only interested in doing what works.”— 2021-04-21View Hansard
Supported the bill's hooning provisions as better than nothing but argued the legislation does not go far enough, calling for breach of bail and more police and transport officer joint operations.
“The provisions before the House do not go far enough. We will support them insofar as they are better than nothing, but they are not enough.”— 2021-04-21View Hansard
Supported the bill, particularly the hooning amendments for the Ipswich community, and praised programs like the Murri Courts, PCYC Project Booyah, and the Ipswich Community Youth Service.
“For the small cohort of hardened youth offenders who repeatedly commit crimes, who have no respect for the law and who endanger our community, we need tougher laws. This bill does that.”— 2021-04-21View Hansard
Supported the bill's passage with great disappointment, arguing Labor's ideological approach has demolished Queensland's youth justice system and led to catastrophic increases in youth crime.
“While the LNP will support the passage of this bill, I remain very concerned at the way Labor has demolished Queensland's youth justice system and at the price being paid by innocent citizens and by the young offenders themselves.”— 2021-04-21View Hansard
Supported the bill, particularly the hooning amendments which he had advocated for within government on behalf of Logan constituents affected by loud modified vehicles and dangerous driving.
“This reverse onus provision is a significant change to the criminal law in Queensland and I am very pleased to have advocated for this change within the government on behalf of the Woodridge electorate and residents of the city of Logan.”— 2021-04-21View Hansard
Supported the bill in the absence of any real attempts to crack down on crime but argued it is merely window-dressing that does nothing to tip the balance of power back to police, criticising the retention of detention as a last resort principle.
“The government might trumpet these amendments as a youth crime crackdown, but they are nothing but window-dressing and when we peel back the curtain all we see are minor tweaks to legal definitions that our police know will have no impact on the youth crime epidemic currently gripping communities across Queensland.”— 2021-04-21View Hansard
Supported the bill and its reverse onus bail provisions, highlighting successful community programs in Mackay including an alternative learning centre and Project Booyah.
“The best thing about what we are doing with bail for youth offenders is that we are bringing in a better and more effective system.”— 2021-04-21View Hansard
Supported the bill particularly for the knife wanding trial which resulted from the Jack Beasley Foundation's advocacy after the murder of 17-year-old Jack Beasley, but argued the bill falls well short overall.
“Tonight I reaffirm my commitment that Jack's death will not be in vain. His name will mean something and it will lead to change.”— 2021-04-21View Hansard
Strongly supported the bill as a Townsville member, emphasising the GPS monitoring trial for Townsville and the government's commitment to addressing the hardcore 10 per cent of youth offenders.
“I know that this government will always listen and will always act.”— 2021-04-21View Hansard
▸In Detail22 Apr 2021View Hansard
Amendments 1-35: Replaced the word 'tracking' with 'monitoring' throughout the bill in references to electronic monitoring devices, and added a provision requiring courts to consider detaining a child until the monitoring device is fitted. Also amended the long title to include the Bail Act 1980.
Amendment to clause 29: Sought to remove section 150(2)(e) of the Youth Justice Act which establishes detention as a sentence of last resort, to give magistrates more sentencing options for serious recidivist youth offenders.
Sought leave to move amendment for alternative sentencing arrangements (relocation sentencing) outside the long title of the bill, to allow magistrates to send youth offenders to remote locations for rehabilitation.
Vote to grant leave
Vote on whether KAP member Katter could move amendments outside the long title of the bill to introduce relocation sentencing and alternative sentencing arrangements for youth offenders. The LNP, KAP and PHON voted in favour but were defeated 34-51 by Labor and the Greens.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (34)
Noes (51)
Sought leave to move an amendment outside the long title of the bill to restore breach of bail as an offence for youth offenders.
Vote to grant leave
Vote on whether KAP member Katter could move amendments outside the long title of the bill to introduce relocation sentencing and alternative sentencing arrangements for youth offenders. The LNP, KAP and PHON voted in favour but were defeated 34-51 by Labor and the Greens.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
▸Show individual votesHide individual votes
Ayes (34)
Noes (51)
Moved amendments for alternative sentencing arrangements and removal of detention as a last resort, arguing the bill's changes fall well short of what is needed and that relocation sentencing should be available to magistrates.
“The changes that are being made here today are by no means commensurate with the size or the nature of the problem we are dealing.”— 2021-04-22View Hansard
Supported the KAP amendments in Consideration in Detail, arguing children are working the system and that programs cannot work unless offenders are detained and compelled to participate.
“I guarantee that, if we do not move against this and move to change this view that incarceration should be the last resort for these children, we have no chance of turning their lives around.”— 2021-04-22View Hansard