Police Powers and Responsibilities and Other Legislation Amendment Bill 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
▸29 members spoke26 support3 mixed
As Minister for Police, moved the bill and proposed amendments to enhance child sex offender reporting requirements. Emphasised community safety as paramount.
“This government steadfastly believes the safety of the Queensland community is paramount.”— 2018-09-18View Hansard
Shadow Minister for Police supported the bill as it provides police with necessary powers. However, heavily criticised the government's rushed amendments on sex offender monitoring as inadequate compared to the LNP's alternative proposal.
“This bill provides for those things and that is why we will be supporting the bill.”— 2018-09-18View Hansard
As daughter of an ex-police officer, supported giving police necessary powers while maintaining balance with individual rights. Highlighted importance of evade police provisions.
“I rise to speak in favour of the Police Powers and Responsibilities and Other Legislation Amendment Bill 2018.”— 2018-09-18View Hansard
Shadow Attorney-General supported the original bill but strongly criticised the government's rushed amendments on sex offender monitoring as inadequate, calling them an 'honour system' for dangerous offenders.
“Labor is basically legislating an honour system that requires some of the worst criminals in Queensland history to send an email to the police to let them know how they are going.”— 2018-09-18View Hansard
As committee chair, recommended the bill be passed. Emphasised the importance of new missing persons investigation powers to help locate vulnerable people.
“I rise to recommend that the House pass the Police Powers and Responsibilities and Other Legislation Amendment Bill 2018.”— 2018-09-18View Hansard
As deputy chair of the Legal Affairs and Community Safety Committee, supported the bill as it enhances police powers to protect the community.
“The LNP supports this bill. Its objective is to enhance the efficiency and quality of front-line police services and ensure that policing services remain responsive to contemporary community needs.”— 2018-09-18View Hansard
Supported the bill, highlighting the importance of high-risk missing person provisions. Explained how the new powers would help police investigate in the critical early stages of missing person cases.
“It is incumbent upon us as legislators to ensure that our police have the legislative tools to carry out their important functions but also balance this with the transparency and accountability that a modern society demands.”— 2018-09-18View Hansard
Former police officer supported the enhanced police powers. Noted the LNP trusts in the professionalism of police officers to use these powers appropriately.
“Like my colleagues, I stand in favour of this bill and support the enhanced powers it will give to our state's police officers.”— 2018-09-18View Hansard
Committee member who supported the bill and its measures to enhance front-line policing.
“The Queensland Police Service has been a strong supporter of these amendments.”— 2018-09-18View Hansard
Supported the bill's police powers enhancements but criticised the government's amendments regarding sex offenders as rushed and inadequate.
“These new powers will certainly be welcomed by police officers across Queensland.”— 2018-09-18View Hansard
Supported the bill's crime scene powers simplification and electronic device access provisions to keep Queenslanders safe.
“This bill will introduce a suite of amendments aimed at enhancing front-line policing services to the Queensland community and importantly keeping Queenslanders safe.”— 2018-09-18View Hansard
Former police officer who supported the bill as it provides police with powers necessary for modern policing, particularly the high-risk missing person provisions.
“I rise to speak to the Police Powers and Responsibilities and Other Legislation Amendment Bill 2018, a bill which will provide hardworking police officers with the powers necessary to perform their job in a modern and fast-changing police environment.”— 2018-09-18View Hansard
Supported enhanced police powers in the bill while criticising the rushed government amendments on sex offender monitoring.
“The LNP supports this bill and the enhanced powers it provides to police.”— 2018-09-18View Hansard
Supported the bill's measures to enhance police powers and keep the community safe.
“I support this bill and the important work it does to protect our community.”— 2018-09-18View Hansard
Supported the bill's police powers provisions but criticised the government's approach to sex offender monitoring.
“The LNP supports giving police the powers they need.”— 2018-09-18View Hansard
Supported the bill's enhanced police powers while criticising the government's rushed amendments.
“The LNP supports these enhanced police powers.”— 2018-09-18View Hansard
Former police officer who supported the bill's enhanced powers for front-line policing.
“As a former police officer, I support giving our police the powers they need.”— 2018-09-18View Hansard
Supported the bill while criticising the government's rushed amendments on sex offender monitoring as inadequate.
“The LNP supports this bill and the enhanced powers for police.”— 2018-09-18View Hansard
Supported the bill as part of continuous review to ensure police powers remain reflective of contemporary practice and community needs.
“There is a clear need to continuously review the powers and responsibilities afforded to our police to ensure that they remain reflective of contemporary practice and are best able to provide the protections our community demands and rightly deserves.”— 2018-09-18View Hansard
Committee member who supported the bill as giving front-line officers more powers to deal with modern policing challenges.
“The bill in its entirety serves the purpose to give front-line officers more power and responsibilities when it comes to its operations.”— 2018-09-18View Hansard
Supported the bill's police powers changes, particularly those reflecting changing technology. Criticised the rushed amendments on sex offenders and called for more police resources.
“I support the changes the minister has put forward, particularly those that reflect changing technology—things like mobile devices. I think they are sensible and reasonable.”— 2018-09-18View Hansard
Supported the bill's enhanced police powers while criticising the government's approach to sex offender monitoring.
“The LNP supports enhanced powers for our police officers.”— 2018-09-18View Hansard
Former Child Protection detective who supported the bill's police powers but strongly criticised the government's amendments on sex offender monitoring as 'manifestly inadequate' and 'a joke'. Outlined major flaws in the CPOR monitoring system.
“The amendments put forward by the police minister are not only weak: they are a joke.”— 2018-09-18View Hansard
Supported the bill's enhanced police powers while criticising the government's amendments as rushed and inadequate.
“The LNP supports enhanced police powers.”— 2018-09-18View Hansard
Supported the bill's enhanced police powers for regional communities.
“The LNP supports these enhanced powers for police.”— 2018-09-18View Hansard
Supported the bill's amendments to increase public safety and improve police ability to protect children from predatory behaviour. Advocated for a public sex offender register.
“I support these changes, which increase public safety and improve the ability of police to protect children from predatory and exploitative behaviour by those in a position of power and authority over them.”— 2018-09-18View Hansard
Supported the bill's enhanced police powers while criticising the government's rushed amendments.
“The LNP supports enhanced police powers.”— 2018-09-18View Hansard
Praised police including her daughter who recently graduated, but heavily criticised the government's amendments as 'shoddy' and 'Frankenstein's monster'. Called the amendments rushed and inadequate for protecting the community from sex offenders.
“However, this bill has been turned into Frankenstein's monster with the inclusion of Labor's shoddy amendments which represent their feeble attempt at a plan B.”— 2018-09-18View Hansard
Former police officer who supported the original bill that went through proper committee processes. Welcomed new missing persons powers but criticised the rushed amendments as 'wet lettuce'.
“I support the bill as originally presented and scrutinised through the committee process.”— 2018-09-18View Hansard
Plain English Summary
Overview
This bill amends police powers and corrective services legislation across seven distinct policy areas. It creates new search powers for high-risk missing person investigations, expands crime scene powers, allows court orders to unlock seized electronic devices, strengthens evade police investigations, adds Commonwealth child sex offences to reportable offender laws, streamlines Parole Board Queensland processes, and reduces administrative requirements for court proceedings.
Who it affects
Families of missing persons may see faster investigations. Vehicle owners must provide more information in evade police cases. People whose devices are seized at crime scenes can be ordered to unlock them. Life-sentenced prisoners may wait longer between parole applications.
High-risk missing persons
Creates a new scheme allowing police to search places for high-risk missing persons (children under 13 or those at risk of serious harm) without waiting for occupier consent. Warrants are issued by judges or magistrates for up to 48 hours, with extensions possible. The Crime and Corruption Commission will review the scheme after 5 years.
- Police can establish 'missing person scenes' at residences, workplaces and vehicles
- Warrants issued by Supreme Court judges or magistrates for up to 48 hours
- Urgent searches can proceed before warrant if authorised by commissioned officer
- Occupiers entitled to alternative accommodation if displaced
Crime scene and device access powers
Simplifies crime scene definitions and lowers the threshold for establishing crime scenes from 7-year to 4-year imprisonment offences. This captures offences like stalking and domestic violence breaches. Also allows police to seek court orders requiring people to unlock seized phones and computers.
- Crime scene threshold lowered from 7 years to 4 years imprisonment offences
- Primary and secondary crime scene distinction removed
- Courts can order people to provide passwords for devices seized at crime scenes
- Failure to comply with access orders carries up to 5 years imprisonment
Evade police investigations
Implements 7 recommendations from a 2011 Crime and Corruption Commission review into evade police provisions. Vehicle owners must provide more detailed information when their vehicle is involved in an evade police incident, with new penalties for non-compliance.
- Vehicle owners must disclose names and addresses of all potential drivers
- Time to respond to evasion offence notices extended from 4 to 14 business days
- New offence for failing to provide statutory declaration (100 penalty units)
- Owners cannot rely on evidence they failed to include in their declaration
Child protection and offender reporting
Adds 10 Commonwealth child sex offences to Queensland's reportable offender list for national consistency. Also allows police to inspect storage devices of offenders convicted of administering or encouraging use of child exploitation material websites.
- 10 Commonwealth child sex offences now trigger reporting obligations in Queensland
- Child trafficking, overseas child sexual offences, and aggravated offences included
- Police can inspect devices of child exploitation website administrators
Parole Board Queensland reforms
Streamlines parole board processes following the 2016 Sofronoff review. Removes the two-stage process for urgent parole suspensions and allows three board members (instead of five) to cancel a prescribed prisoner's parole.
- Parole board can consider urgent suspensions directly without single-member referral
- Three members can cancel prescribed prisoner parole (previously required five)
- Life-sentenced prisoners may wait up to 12 months between parole applications
Police and watch-house protections
Creates new offences for assaulting or obstructing civilian watch-house officers, and separates the existing assault/obstruct police offence into two distinct offences for clearer criminal history records.
- New simple offence for assaulting or obstructing watch-house officers
- Maximum penalty of 40 penalty units or 6 months imprisonment
- Assault and obstruct police now recorded as separate offences
Administrative streamlining
Removes the requirement to prove delegation instruments in court proceedings across multiple Acts, reducing paperwork for prosecution services. Defendants can still challenge delegations with 10 business days notice.
- No need to prove delegation of authority unless defendant challenges
- Applies to police, transport, maritime and penalties legislation
- Defendants must give 10 business days notice to challenge a delegation