Youth Justice and Other Legislation Amendment Bill 2019
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
Vote on a motion
LNP motion related to the Youth Justice bill debate that was defeated 41-51, with ALP government members voting against
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (41)
Noes (51)
▸1 procedural vote
Vote to grant leave
Procedural vote on whether to grant leave for the LNP to move their amendment introducing breach of bail as an offence and a 72-hour watch house limit. Leave was refused 45-47.
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 (45)
Noes (47)
▸32 members spoke12 support20 mixed
Spoke from the perspective of his Townsville community, supporting the government's youth justice reform strategy and investment while emphasising community safety and accountability.
“My community tells me that kids need to be held accountable for their actions, and I agree with them.”— 2019-08-22View Hansard
Moved the second reading as Minister for Child Safety, Youth and Women, presenting the bill as part of the government's half-billion dollar youth justice reform. Highlighted removing legislative barriers to bail and reducing children held in watch houses.
“If we persist with a 'lock them up and throw away the key' approach we know that there is an almost 100 per cent chance that young people will reoffend.”— 2019-08-21View Hansard
Supported the LNP amendments but could not support changes to the bail decision-making framework, arguing the government should support police rather than prescribe in favour of bail.
“I wholeheartedly support the sensible amendments to be moved by the member for Toowoomba South.”— 2019-08-22View Hansard
Spoke as shadow Attorney-General, criticising the government's youth justice record extensively while acknowledging the bill is 'but a start'. Called it Labor's 'generational failure' on youth justice and foreshadowed amendments.
“This bill is but a start. There must be a whole-of-government response to this crisis, because the Queensland community is sick of being failed.”— 2019-08-21View Hansard
Supported the bill as an important step in youth justice reform, commending the minister and highlighting the government's significant investment in reducing demand pressures.
“I do want to commend Minister Di Farmer on the Youth Justice Strategy.”— 2019-08-22View Hansard
Supported the bill, criticising the LNP for not having their own solution to youth justice and noting the bill would help deal with children in a speedy manner.
“I support the bill before the House and recommend that it be passed.”— 2019-08-21View Hansard
Criticised the government's approach as a kneejerk response, called for supporting LNP amendments on breach of bail and 72-hour watch house limits, and questioned why the government disregarded Bob Atkinson's recommendations.
“I call on the Labor government to develop a solution that addresses the root cause of Queensland's youth crime epidemic and to support the LNP's amendments.”— 2019-08-22View Hansard
Stated the LNP supports most of the bill but opposes clause 10 which amends the bail decision-making framework. Called for a 72-hour statutory maximum on watch house detention and supported LNP amendments.
“We support most of the bill, but have some amendments that we hope the government will take in the spirit in which they are offered.”— 2019-08-21View Hansard
Supported the bill, stating it strikes the right balance and commending the minister and her department for their work.
“I support the Youth Justice and Other Legislation Amendment Bill 2019.”— 2019-08-22View Hansard
Supported the bill as a committee member, emphasising the Youth Justice Strategy four-pillar approach and arguing the issue requires a community effort rather than a stroke of a pen.
“It will require a community effort, with department staff working with affected people, supported and enabled by elected officials here in this House who give legislative guidance where required.”— 2019-08-21View Hansard
Supported the shadow Attorney-General's bail amendment, arguing it returns the balance between punishment and humane treatment of offenders.
“In relation to the amendment concerning bail, I fully support the move by the shadow Attorney-General as it does return the balance.”— 2019-08-22View Hansard
Stated the LNP will not oppose the bill as it is on the right track but argued it has glaring holes, including the need for a 72-hour watch house limit. Supported the shadow minister's amendments.
“The LNP will not be opposing the bill. It is on the right track, but still it is in dire need of support from the LNP amendments.”— 2019-08-21View Hansard
Supported the bill emphasising the need for community-led initiatives and working together to address youth justice issues.
“We need to help design effective community-led initiatives to address youth justice issues.”— 2019-08-22View Hansard
Supported the bill drawing on her experience as a former school principal, commending the minister and emphasising the importance of reforms for positive behavioural change in children.
“I commend the minister and the work of her department. I know how important these reforms are. They are critical in ensuring a positive behavioural change for our children.”— 2019-08-21View Hansard
Supported the shadow Attorney-General's amendment on the 72-hour watch house limit but feared the bill in its unamended form would not improve youth crime.
“I wholeheartedly support the amendment of the shadow Attorney-General, the member for Toowoomba South.”— 2019-08-22View Hansard
Rose to speak in support of the bill, acknowledging good elements including information sharing between government bodies, while arguing punishment must accompany rehabilitation.
“I rise to speak in support of the Youth Justice and Other Legislation Amendment Bill. I do so because there are good elements of this bill and it would be wrong of the LNP not to support those good elements.”— 2019-08-21View Hansard
Criticised the government for making a mess of the youth detention system and argued releasing criminals without appropriate penalties would not solve youth crime.
“We cannot be so naive as to think that letting criminals out onto the street without appropriate penalties will solve the significant issue of youth crime.”— 2019-08-22View Hansard
Spoke in support praising the minister's work on youth justice reform, arguing children deserve better treatment than adults in the justice system and need more hopeful outlooks.
“It is a sad state of affairs when our young people and kids are treated with less care and support than adults in our justice system.”— 2019-08-21View Hansard
Spoke in support highlighting the progress in reforming Queensland's youth justice system and the government's commitment to community safety.
“I rise today to speak in support of the Youth Justice and Other Legislation Amendment Bill 2019.”— 2019-08-22View Hansard
Strongly supported the government's commitment to keeping communities safe and changing the trajectory for young people in the justice system.
“I strongly support our government's commitment to keeping our communities safe and also to changing the trajectory for those young people in our youth justice system.”— 2019-08-21View Hansard
Supported the bulk of the legislation but notably broke with his own party by opposing the LNP's proposed breach of bail amendment, calling it a double penalisation that would further criminalise kids.
“It strikes me as not only a fairly fundamental misapprehension of what bail is supposed to do—it is a double penalisation for the same transgression of the kid involved—but it is also just another way to criminalise kids.”— 2019-08-22View Hansard
Supported the shadow minister's amendments and the 72-hour watch house limit but criticised the government's record on youth justice and police support.
“I support the shadow minister's proposed amendments. I believe that a cap on the length of time children can be held in watch houses to 72 hours should be supported.”— 2019-08-21View Hansard
Supported the LNP amendments including the 72-hour watch house limit and urged the minister to have a change of heart on the amendments.
“I sincerely hope that the minister has a change of heart and supports our proposed amendments for the betterment of Queensland kids.”— 2019-08-22View Hansard
Spoke on the bill criticising the government's approach to youth justice and police resourcing, arguing for machinery-of-government changes and the 72-hour watch house limit.
“Seventy-two hours in watch houses is possible if the government acts and changes the way it deals with these offenders.”— 2019-08-21View Hansard
Criticised the government for lacking an implementation plan when transitioning 17-year-olds and supported the shadow Attorney-General's amendments.
“This legislation demonstrates that the Labor government is simply not up to addressing these crises.”— 2019-08-22View Hansard
Argued the government's approach was not working, citing rising youth crime statistics, and stated only an LNP government would provide safe communities.
“What is now abundantly clear is that only a Deb Frecklington led LNP government will provide safe and secure communities for all Queenslanders.”— 2019-08-22View Hansard
Stated the LNP will be supporting the bill but argued it fails to address the 72-hour watch house recommendation. Urged the government to vote in favour of the LNP amendments.
“The LNP will be supporting the bill, but we believe it fails to address a key recommendation from the Human Rights Commissioner.”— 2019-08-22View Hansard
Noted the LNP does not oppose the bill and there are good aspects, but urged members to support the shadow Attorney-General's amendments.
“I note the LNP do not oppose the bill. Indeed, there are some very good aspects to the bill that will be beneficial going forward.”— 2019-08-22View Hansard
Supported the LNP amendments to restore breach of bail as an offence and impose a 72-hour watch house limit, opposing clause 10 for weakening bail provisions.
“The LNP opposes clause 10, which substantially amends the bail decision-making framework.”— 2019-08-22View Hansard
Stated the LNP will not oppose the bill but commended the shadow Attorney-General's amendments and criticised the government for weakening bail laws.
“At the outset, we heard that the LNP will not oppose the bill.”— 2019-08-22View Hansard
Spoke in support of the LNP amendments, emphasising the need to keep repeat offenders off streets and support community safety.
“I want to spend a few minutes to speak in support of the member for Toowoomba South, the shadow Attorney-General and shadow minister for justice, and his common-sense amendments.”— 2019-08-22View Hansard
Stated the LNP will oppose clause 10 and move amendments to restore breach of bail as an offence and impose a 72-hour watch house limit.
“The LNP have stated that we will oppose clause 10, which substantially amends the bail decision-making framework.”— 2019-08-22View Hansard
Amendment to insert new clauses 3A-3D before clause 4, introducing: (1) a 72-hour limit on holding children in police watch houses, (2) breach of bail as a new offence carrying up to 20 penalty units or 1 year imprisonment when a child is found guilty of a subsequent offence while on bail.
Amendment after clause 5 inserting new section 313A requiring the Minister to review the operation of body-worn camera provisions in detention centres within 2 years, considering the effect on children's privacy.
Amendments to clause 13 clarifying timeframes for bringing detained children before the Childrens Court after their detention under the Police Powers and Responsibilities Act ends.
Amendments to clause 20 inserting the word 'written' to clarify that pre-sentence reports must be written reports.
That the amendment be agreed to
Vote on the LNP opposition amendment moved by Mr Janetzki to introduce breach of bail as an offence, impose a 72-hour watch house limit, and amend child custody provisions. Amendment defeated 42-48.
The motion was defeated.
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Ayes (42)
Noes (48)
▸1 clause vote (all passed)
Vote on clause 10
Vote on whether to retain clause 10, which amended the bail decision-making framework for children by introducing an explicit presumption in favour of release. LNP, KAP and crossbenchers opposed this as weakening bail provisions. Government prevailed 48-42.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (48)
Noes (42)
Plain English Summary
Overview
This bill reforms Queensland's youth justice system to keep more children out of detention while awaiting trial. It creates a clear presumption that children should be released on bail, bans electronic tracking devices for young people, and requires police to consider alternatives to arrest when children breach bail conditions.
Who it affects
Children and young people in the justice system are more likely to be released on bail and stay connected to family, education and support. Parents must be contacted when a child is arrested, and legal aid must be notified before police question children about serious offences.
Key changes
- Children must be released on bail unless there is an unacceptable risk to community safety - lack of accommodation or family support alone is not sufficient reason to refuse bail
- Children arrested must be brought before court within 24 hours, and remanded cases given priority
- Bail conditions must target specific risks, specify their duration, and not be overly onerous for the child
- Electronic tracking devices banned for children on bail, probation, intensive supervision or conditional release
- Police must consider warnings or taking no action before arresting a child for breaching bail conditions
- New information-sharing framework allows government and non-government services to coordinate support for young offenders
- Body-worn cameras and CCTV audio recording authorised in youth detention centres for safety and accountability