Police Powers and Responsibilities and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill makes wide-ranging changes to Queensland police powers and several other Acts. Its most significant reforms create new search powers for high-risk missing persons, strengthen the framework for investigating drivers who flee police, enable court-ordered access to locked electronic devices at crime scenes, and streamline parole board decision-making for serious offenders.
Who it affects
Families of missing persons benefit from stronger police search powers. Vehicle owners face tougher obligations if their car is involved in an evade police incident. People suspected of crimes may be compelled to unlock electronic devices seized at crime scenes. Prisoners on parole face streamlined cancellation processes.
High-risk missing persons
Creates a new legal framework for police to search places when looking for missing persons at serious risk of harm, such as children under 13 or people who may be suicidal. Police can establish a 'missing person scene' under a warrant issued by a judge or magistrate, lasting up to 48 hours.
- New warrant-based power to establish 'missing person scenes' at homes, workplaces, vehicles and other places
- Applies to missing persons under 13 or reasonably suspected of being at risk of serious harm
- Police Commissioner must arrange alternative accommodation for displaced occupiers
- Crime and Corruption Commission to review the scheme after 5 years
Crime scenes and electronic evidence
Simplifies crime scene laws by lowering the offence threshold from 7 years to 4 years imprisonment, capturing more offences like stalking and domestic violence order breaches. Also allows police to obtain court orders compelling people to unlock phones and computers seized at crime scenes.
- Crime scene threshold lowered from 7-year to 4-year maximum penalty offences
- Distinction between primary and secondary crime scenes removed
- New court orders can compel people to unlock electronic devices seized at crime scenes, with up to 5 years imprisonment for refusal
- Police gain inspection powers over devices of offenders convicted of administering child exploitation websites
Evade police investigations
Implements recommendations from the 2011 Crime and Misconduct Commission review to help police identify drivers who flee. Vehicle owners must now provide much more detailed information when served with an evasion offence notice, and face a new offence for failing to respond.
- Vehicle owners must provide detailed information about who had access to their vehicle, including names, addresses and usage patterns
- Response time increased from 4 to 14 business days
- New offence for failing to respond to an evasion offence notice, carrying a maximum fine of 100 penalty units
- Owners who withhold information in their statutory declaration cannot later use that information in their defence without court leave
Child sex offender reporting
Adds 10 Commonwealth child sex offences to Queensland's reportable offender scheme to ensure nationally consistent management of child sex offenders across state borders.
- Ten Commonwealth offences added, including child trafficking, overseas child sexual abuse, and child abuse material offences
- Reportable offenders convicted of administering or encouraging child exploitation websites subject to device inspection powers
Parole board reforms
Streamlines Parole Board Queensland processes for dealing with serious offenders, allowing faster decision-making on parole suspensions and cancellations.
- Parole Board can now consider immediate suspension requests directly, without a two-stage process through a single member first
- Three board members (instead of five) can cancel a prescribed prisoner's parole
- Life-sentenced prisoners refused parole can be required to wait up to 12 months before reapplying, doubled from 6 months
Other policing and procedural changes
Addresses several operational policing issues including watch-house officer safety, breach of the peace searches, banning notice enforcement, and evidentiary streamlining.
- New simple offence for assaulting or obstructing civilian watch-house officers (40 penalty units or 6 months imprisonment)
- Assault and obstruct police officer offences separated into distinct offences for clearer criminal records
- Police can search persons detained for breach of the peace before transporting them
- Proof of delegation no longer required for evidentiary certificates across five Acts unless challenged by defendant
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 June 2018View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined this wide-ranging police powers bill over approximately two months, receiving five submissions and holding a public briefing and hearing with the Queensland Police Service, Queensland Corrective Services, and key legal stakeholders. The committee recommended the bill be passed, finding that the proposed expansions of police powers — including new search powers for high-risk missing persons, a lowered crime scene threshold, and compelled access to locked electronic storage devices — were justified on balance, noting the safeguards built into the bill such as judicial oversight, body-worn camera recording requirements, and a mandatory five-year review by the Crime and Corruption Commission. The Bar Association of Queensland and Queensland Law Society raised concerns about civil liberties implications of several provisions, but the committee concluded the potential breaches of fundamental legislative principles were outweighed by community safety benefits.
Key findings (5)
- The bill's high-risk missing person search powers were an Australian first, with stakeholders divided between those supporting the new tools for police and those concerned about impacts on the rights of property owners and occupiers
- The Queensland Law Society and Bar Association of Queensland raised significant civil liberties concerns about multiple provisions including the lowered crime scene threshold, compelled disclosure of storage device passwords, and expanded breach-of-the-peace search powers
- The Crime and Corruption Commission, Protect All Children Today, and Queensland Council of Unions broadly supported the bill's objectives, particularly the enhanced protections for children and missing persons
- The committee found that the bill's safeguards — including judicial oversight, commissioned officer approval, electronic recording of powers used, and a mandatory CCC review after five years — adequately balanced expanded police powers against individual rights
- The Bar Association opposed extending the parole reapplication period for life-sentenced prisoners from six to twelve months, warning it could lead to a loss of hope and reduced rehabilitation efforts
Recommendations (1)
- The committee recommends the Police Powers and Responsibilities and Other Legislation Amendment Bill 2018 be passed.
Committee report tabled
▸Second Reading18 Sept 2018View Hansard
▸34 members spoke34 support
Introduced the bill as Minister for Police, outlining its key provisions including new high-risk missing person powers, modernised crime scene framework, and stronger evade police provisions. Also foreshadowed amendments to strengthen child sex offender monitoring.
“Every part of this bill serves to protect the community and provide police and Parole Board Queensland with stronger, better legislative tools to do what they do best: keep us all safe.”— 2018-09-18View Hansard
Supported the bill as shadow police minister but criticised the government's rushed amendments regarding sex offender monitoring as inadequate and not going far enough, arguing Labor had no plan for Fardon's release and had cut police funding.
“This bill provides for those things and that is why we will be supporting the bill.”— 2018-09-18View Hansard
Supported the bill, emphasising the importance of the evade police provisions to combat hooning in her electorate and the strengthened child sex offender monitoring laws.
“As the daughter of an ex-Gold Coast police officer, I know how important it is that we give our men and women in blue the powers they need to keep our communities safe.”— 2018-09-18View Hansard
Supported the substantive bill but heavily criticised the government's rushed amendments as inadequate, arguing they amounted to an 'honesty system' for monitoring the worst sex offenders and that Labor had shown colossal complacency on the issue.
“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
Supported the bill as committee chair, emphasising the importance of the high-risk missing person powers and the government's amendments to strengthen child sex offender monitoring.
“The safe return of vulnerable high-risk missing persons must be given priority and police must be given the legislative tools they need to locate them or find answers as to what has happened to them.”— 2018-09-18View Hansard
Supported the bill as committee deputy chair, noting stakeholder concerns about broad police powers but concluding the benefits outweighed the concerns. Criticised the government's rushed amendments as not going far enough.
“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 drawing on her extensive experience as a former police officer, emphasising the critical importance of the high-risk missing person powers for front-line officers in the early hours of an investigation.
“Backing our general duties officers, backing their judgement, trusting in their years of experience and their finely honed investigative skill is a vote of confidence in our officers.”— 2018-09-18View Hansard
Supported the bill as a committee member, noting the powers were informed by stakeholder submissions and would help police meet contemporary challenges. Called on the government to accept the LNP's plan for mandatory GPS tracking of violent sex offenders.
“I call on the government to put politics aside, focus on the safety of the community and accept the LNP's plan to ensure that the worst violent sex offenders are fitted with GPS trackers for the rest of their lives.”— 2018-09-18View Hansard
Supported the bill and the government's amendments, emphasising Labor's track record on child sex offender laws and defending the robustness of the proposed monitoring regime.
“You cannot be strong on child protection if you are weak on the law. Labor has a strong track record legislating laws that stand the test of time.”— 2018-09-18View Hansard
Supported the bill but criticised the government's amendments as too little too late, arguing they do not mandate GPS tracking for life and urging the government to strengthen laws to cover all violent sexual offenders.
“It is not good enough to wait until a known offender has engaged in concerning conduct before acting. If an individual is a serious danger to the community then they should be subject to supervision for the rest of their life, without question.”— 2018-09-18View Hansard
Supported the bill, focusing on the modernised crime scene provisions and improved electronic evidence access powers. Defended the government's record on crime in Townsville.
“The new singular definition of 'crime scene' will provide clarity to police and the judiciary in their interpretations of the provisions.”— 2018-09-18View Hansard
Supported the bill drawing on his policing career, detailing the practical benefits of the missing persons, crime scene, and evade police provisions. Argued there must be mandatory GPS tracking of repeat violent sex offenders until they die.
“Certainly there needs to be GPS tracking of repeat violent sex offenders until they die. The power to extend supervision orders and constant monitoring absolutely needs to be in place.”— 2018-09-18View Hansard
Supported the bill but raised concerns about police resourcing in his electorate to deliver on the new powers. Criticised the government's amendments as not delivering the community safety Queenslanders deserve.
“At the outset, as many other speakers have mentioned, the LNP supports this bill as it stands unamended.”— 2018-09-18View Hansard
Supported the bill, focusing on the breach of peace search provisions, the new civilian watch-house officer offences, and the separation of assault and obstruct police offences.
“Community safety is a top priority of the Palaszczuk government.”— 2018-09-18View Hansard
Supported the bill, noting the importance of updated police powers for his Gold Coast electorate. Criticised the government's amendments as not going as far as the LNP's proposed bill.
“I will always back laws that support our police officers so that we can make the Gold Coast a safe place to live, work and raise a family.”— 2018-09-18View Hansard
Supported the bill, particularly the new high-risk missing person framework and the judicial access to locked storage devices. Raised concerns about inadequate police resourcing on the northern Gold Coast.
“Whilst this legislation may give police additional powers to do their job better, we need the police resources to adequately service the massive population growth.”— 2018-09-18View Hansard
Supported the bill as Minister for Child Safety, focusing on the high-risk missing person powers and child sex offender monitoring amendments, defending them as effective and legally robust.
“Children need to be protected from those who would exploit them and do them harm and their safety is paramount.”— 2018-09-18View Hansard
Supported the bill drawing on 23 years as a police officer including work in a Child Protection Unit. Criticised the government's amendments as relying on an honesty system and not covering all violent sex offenders.
“Do we really want to have to watch these sex offenders preparing to commit another sexual offence on our vulnerable children before police can take action under this legislation?”— 2018-09-18View Hansard
Supported the original bill but condemned the government's amendments as inadequate, arguing they fail to protect adults from violent sex offenders and rely on empty political promises rather than genuine community protection.
“The resources that this government provides to the police are entirely relevant to this debate.”— 2018-09-18View Hansard
Supported the bill and amendments, highlighting the high-risk missing person warrant scheme, evade police provisions, and the inclusion of 10 Commonwealth child sex offences as reportable offences in Queensland.
“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.”— 2018-09-18View Hansard
Supported the bill as a committee member, emphasising the importance of the missing person powers and the need for police to have modern tools to combat evolving crime.
“These proposed powers have the clear potential to establish the whereabouts of high-risk missing persons, prevent suicide, address serious medical concerns and identify suspicious circumstances.”— 2018-09-18View Hansard
Supported the bill's changes to police powers but criticised the government's amendments as soft, arguing there was no guarantee of GPS tracking and the proposed monitoring relied on an honesty system for the worst offenders.
“I am not quite sure how we have a situation where the community is being led to believe that somehow this tough legislation will see somebody GPS tracked for life when they may not be GPS tracked at all.”— 2018-09-18View Hansard
Supported the original bill but condemned the rushed government amendments as cobbled together, arguing they do not protect adults from violent sex offenders and rely on self-reporting by the worst criminals.
“There is, however, a big difference between 'could' and 'shall' when framing legislation.”— 2018-09-18View Hansard
Supported the bill as Leader of the Opposition but argued the government's amendments were rushed and inadequate. Emphasised inadequate police resourcing in the South Burnett and advocated for the LNP's tougher criminal laws.
“Under Labor's bill, a repeat sexual offender could maybe have GPS tracking. We are not sure. It depends on who you ask on that side of the House.”— 2018-09-18View Hansard
Supported the bill but described the government's amendments as grossly inadequate, drawing on his experience as a detective in the Child Protection and Investigation Unit to explain that the existing CPOR monitoring system was already overwhelmed with over 3,000 reportable offenders.
“In reality, if these amendments are passed Mr Fardon on his release from prison will likely get a phone call telling him he has seven days to report his new address to his local CPOR officer.”— 2018-09-18View Hansard
Supported the bill but criticised the government for being forced to act only after the LNP announced its plan, arguing Labor's amendments were reactive and did not go far enough to protect the community from dangerous sex offenders.
“The mere fact that the Liberal National Party has had to force Labor to act after three years of inertia tells the people of Queensland all they need to know about this Labor government's failed community safety priorities.”— 2018-09-18View Hansard
Supported the bill but criticised the government's amendments as having had no scrutiny whatsoever and relying on an honour system for psychopathic offenders. Paid tribute to officers killed in the line of duty.
“If you are going to give police extraordinary powers over citizens of this state, you must arm and resource them sufficiently to do the task.”— 2018-09-18View Hansard
Supported the bill but found the government's amendments inadequate, particularly for the protection of women from serious sexual offenders. Drew on the community's experience with Denis Ferguson to illustrate the consequences of inadequate monitoring.
“This House should not permit a repeat of what happened with Denis Ferguson.”— 2018-09-18View Hansard
Supported the bill and amendments as Attorney-General, defending the government's approach as legally robust and constitutionally sound. Warned that the LNP's proposed alternative risked invalidating the entire DPSO framework.
“Unconstitutional and unenforceable laws cannot and do not protect our children.”— 2018-09-18View Hansard
Supported the bill, particularly the child sex offender reporting amendments, but expressed disappointment the government had not adopted a public sex offender register. Criticised the rushed committee process for the amendments.
“It is my strong belief that all necessary steps must be taken to protect children and their families from sexual crimes.”— 2018-09-18View Hansard
Supported the bill as common-sense amendments to police powers but argued Labor only acts on law and order when forced by the LNP, citing domestic violence laws and no-body no-parole as prior examples.
“When it comes to law and order issues, domestic violence issues and assisting victims of crime issues, Labor does not act unless the LNP leads the way in terms of policy.”— 2018-09-18View Hansard
Supported the bill but condemned the government's amendments as shoddy and feeble, arguing they do not cover all violent sexual offenders and do not guarantee GPS tracking for life.
“I am not willing to risk letting dangerous sexual offenders be released unsupervised ever.”— 2018-09-18View Hansard
Supported the bill and the government's amendments but expressed serious concerns about the precedent set by introducing amendments without committee scrutiny, warning it was bad for public confidence and democracy.
“Not all would agree with me about the need for urgent reform to improve those processes so that we have more robust processes and better scrutiny of legislation.”— 2018-09-18View Hansard
Supported the bill as a former police officer, welcoming the new powers. Highlighted the contribution of the member for Ninderry in exposing flaws in the government's rushed amendments.
“Those amendments have been through scrutiny today from the five ex-serving police officers on this side of the House.”— 2018-09-18View Hansard
▸In Detail18 Sept 2018View Hansard
Inserted new clauses 3A to 3M into the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, creating a new category of 'post-DPSOA reportable offender' for child sex offenders who are no longer subject to Dangerous Prisoners (Sexual Offenders) Act orders. The amendments require lifetime reporting obligations, 24-hour initial reporting, broadened 'concerning conduct' definition, and enable courts to require GPS tracking, residence conditions, and psychological treatment through prohibition orders.
Inserted new clauses 4A and 4B requiring post-DPSOA reportable offenders to make an initial report to the Police Commissioner within 24 hours and adding the new definition to the dictionary.
Assent date: 16 March 2018