Criminal Code and Other Legislation Amendment Bill 2019

Introduced: 12/2/2019By: Hon Y D'Ath MPStatus: PASSED

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced12 Feb 2019View Hansard
First Reading12 Feb 2019View Hansard
11.45 amHon. YM D'ATHSupports

Introduced the bill to expand the definition of murder to include reckless indifference to human life, increase penalties for child manslaughter, and implement Queensland Sentencing Advisory Council recommendations following child homicide cases.

Under this legislation, killers whose callous disregard for their victims leads to their death will, if convicted, face life in jail.2019-02-12View Hansard
Committee12 Feb 2019View Hansard

Referred to Legal Affairs and Community Safety Committee

Second Reading1 May 2019View Hansard
16 members spoke15 support1 mixed
12.50 pmHon. YM D'ATHSupports

As Attorney-General, moved the government bill implementing QSAC recommendations to expand the definition of murder to include reckless indifference to human life, add a new aggravating factor for child manslaughter, and increase penalties for failure to supply necessaries.

The Palaszczuk government recognises there is significant public concern about whether sentencing for criminal offences arising from the death of a child is meeting community expectations. When a child's life is cut short, particularly under violent circumstances, the person found guilty should suffer the consequences.2019-04-30View Hansard
3.17 pmMr JANETZKISupports

Confirmed the opposition would support the government's bill despite reservations about its effectiveness, but argued it does not go far enough to address child homicide sentencing.

I confirm that the opposition will be supporting the government's bill and urge the government in turn to support the Mason Jett Lee bill.2019-04-30View Hansard
3.39 pmMr RUSSOSupports

As committee chair, outlined the government bill's implementation of QSAC recommendations and supported its passage as an evidence-based approach to sentencing reform.

I recommend that the Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019 not be passed and that the Criminal Code and Other Legislation Amendment Bill 2019, which is the government bill, be passed.2019-04-30View Hansard
3.49 pmMr LISTERSupports

Supported both bills, arguing it is most important that they both be passed to ensure appropriate punishment for child killers.

We do support both bills, but it is most important in my view and the view of those on this side of the House that they both be passed.2019-04-30View Hansard
3.59 pmMrs McMAHONSupports

Supported the government bill's evidence-based approach based on QSAC recommendations, while expressing concerns about mandatory sentencing in the opposition bill.

I do support the council's finding that 'sentencing for manslaughter cases involving direct use of violence against a young child are not viewed by the community as adequate.'2019-04-30View Hansard
4.09 pmMr McDONALDSupports

Supported the government bill as a start but argued it fails to appropriately meet community expectations and will fail to properly punish child killers if passed alone.

While being supportive of any bill that will send the message that crimes against children will not be tolerated in Queensland, the LNP holds some concern over this bill's methods of achieving its objectives.2019-04-30View Hansard
4.18 pmMs McMILLANSupports

Supported the government bill, arguing it will ensure killers whose callous disregard leads to death will face life in jail.

Under this legislation, killers whose callous disregard for their victims leads to their death will, if convicted, face life in jail.2019-04-30View Hansard
4.23 pmMr ANDREWMixed

Spoke in support of stronger penalties for child killers but raised concerns that the government was not implementing all royal commission recommendations and criticised the bill's reckless indifference provisions.

Taking the life of a child is a reprehensible crime, whether done intentionally or by reckless indifference.2019-04-30View Hansard
4.30 pmHon. MT RYANSupports

As Minister for Police, strongly supported the government bill, arguing its changes are carefully considered and evidence-based.

Changing these laws is the right thing to do. Changing these laws will put victims first. Changing these laws means that those who would do harm to our most vulnerable people will be treated in the manner they deserve.2019-04-30View Hansard
4.35 pmMr MANDERSupports

As Deputy Leader of the Opposition, supported the government bill but argued it falls short and only tinkers around the edges.

I commend the government with regard to its intention to try to strengthen these laws, but our argument on this side of the House is that it did not go far enough.2019-04-30View Hansard
4.40 pmMrs GILBERTSupports

Spoke movingly about the Goodwin-Burke family from Mackay whose advocacy led to the QSAC review, and commended the government bill to the House.

Because of the lobbying of Shane and Kerri-Ann, and other families sadly in the same position, on 25 October 2017 the Attorney-General and Minister for Justice referred an inquiry to the Queensland Sentencing Advisory Council.2019-04-30View Hansard
4.47 pmMr MICKELBERGSupports

Supported the government bill as any action to improve sentencing should be supported, but called on the government to also support the LNP proposal for stronger sentences.

I will be supporting the government's bill because any action that we can take to improve the current situation should be supported.2019-04-30View Hansard
4.55 pmMr HUNTSupports

Supported the government bill as a step in the right direction but argued it does not go far enough to address failures in the system.

I support the government's bill, it does not go nearly far enough and does not address the failures in the system.2019-04-30View Hansard
5.04 pmMr BENNETTSupports

Supported the government bill's proposed changes but argued the LNP bill is needed to guarantee stronger sentences for child killers.

It is acknowledged that many submitters to the committee fully support these proposed changes.2019-04-30View Hansard
5.12 pmHon. DE FARMERSupports

As Minister for Child Safety, supported the government bill as appropriately addressing community concerns based on QSAC's evidence-based recommendations.

I believe that the government's bill addresses community concerns. It expands the definition of murder to include the reckless indifference to human life.2019-04-30View Hansard
5.22 pmMr MILLARSupports

Welcomed the government bill as a good start but argued it is not robust enough and both bills should be passed together.

I welcome the government's bill, but I do not believe it is robust enough.2019-04-30View Hansard
In Detail1 May 2019View Hansard
Became Act 15 of 20197 May 2019
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill responds to community concern that sentences for people who kill children are too lenient. It requires courts to treat a child's vulnerability as an aggravating factor when sentencing for manslaughter, expands the definition of murder to include reckless indifference to human life, and increases the penalty for failing to provide necessaries to dependants.

Who it affects

Parents, carers and others who cause the death of children face stronger penalties. The expanded murder definition applies to all homicide cases, meaning more offenders across Queensland may be convicted of murder rather than manslaughter.

Key changes

  • Courts must treat a child's defencelessness and vulnerability as an aggravating factor when sentencing for manslaughter of a child under 12
  • Murder definition expanded to include causing death with reckless indifference to human life (aligning Queensland with NSW, ACT and Tasmania)
  • Maximum penalty for failure to supply necessaries increased from 3 to 7 years imprisonment
  • Victims of failure to supply necessaries protected from direct cross-examination by self-represented accused
  • Failure to supply necessaries added to the serious violent offences schedule, affecting parole eligibility