Youth Justice and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill reforms Queensland's youth justice system by creating stronger bail protections for children, reducing the time young people spend in custody on remand, and banning electronic tracking devices on children. It implements the Queensland Government's Youth Justice Strategy 2019-2023 and its principle that detention should be a last resort for young people.
Who it affects
Young people in the justice system benefit from stronger bail rights and cannot be detained solely for lacking accommodation or family support. Police must follow new procedures when arresting children, making bail decisions, and responding to bail breaches.
Key changes
- Creates an explicit presumption in favour of releasing children from custody, which can only be rebutted where there is an unacceptable risk to community safety
- Children cannot be refused bail solely because they lack accommodation or have no family support
- Bail conditions for children must be targeted to a specific risk, proportionate to the child's circumstances, and time-limited
- Bans electronic tracking devices on children for bail, probation, supervision orders, and detention leave
- Requires arrested children to be brought before the Childrens Court within 24 hours
- Police must consider alternatives to arrest when a child breaches bail conditions, such as issuing a warning or applying to vary bail
- Police must notify a legal aid organisation before questioning a child about an indictable offence
- Introduces a cross-agency information sharing framework so government and non-government service providers can coordinate support for young people charged with offences
- Authorises body-worn cameras and CCTV audio recording in youth detention centres, with safeguards for privileged communications
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 June 2019View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Legal Affairs and Community Safety Committee examined the Youth Justice and Other Legislation Amendment Bill 2019 over two months, receiving 28 submissions and holding a public hearing with 12 stakeholder organisations. The committee recommended the bill be passed. While stakeholders broadly supported the bill's reforms to bail decision-making, information sharing, and protections for children in the justice system, several raised concerns about the child homicide sentencing provision and the need for adequate resourcing to implement the changes. LNP members filed a Statement of Reservation calling for a 72-hour cap on children's detention in watch houses.
Key findings (5)
- Stakeholders broadly supported the reformed bail decision-making framework, including the explicit presumption in favour of release and child-specific factors, noting that 87 per cent of young people in Queensland detention were unsentenced on any given day
- Several key stakeholders including the Queensland Law Society, Sisters Inside, and PeakCare opposed the child homicide aggravating factor provision, arguing the Queensland Sentencing Advisory Council's recommendation was not intended to apply to children as defendants
- Privacy concerns were raised about the new information sharing framework, though the committee found sufficient safeguards existed including consent requirements, limited purposes, and penalties for misuse
- Stakeholders emphasised that legislative changes to bail would be ineffective without investment in accommodation, support services, and training for police and judicial staff
- The committee found the bill had sufficient regard to fundamental legislative principles, noting justifiable limitations on privacy rights in the interests of vulnerable children
Recommendations (1)
- The committee recommends the Youth Justice and Other Legislation Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading21 Aug 2019View Hansard
Vote on a motion
Vote on an LNP motion related to the Youth Justice bill debate, defeated 41-51 with the ALP government majority voting against the opposition motion.
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)
▸36 members spoke14 support1 oppose21 mixed
Strongly supported the bill as part of a broader blueprint for youth justice reform, drawing on his experience as a school principal running intervention programs for disengaged students. Argued that addressing youth crime at the family level through early intervention is more effective than building more detention centres.
“My community tells me, and Major General Stuart Smith and Bob Atkinson, that kids need to be held accountable for their actions, and I agree with that. My community also recognises that we need to break the cycle of crime back at the family level because if we do not this problem is only going to get bigger and bigger.”— 2019-08-22View Hansard
As the responsible minister, moved the bill and defended the government's $550 million youth justice investment and Youth Justice Strategy 2019-2023, emphasising the bill removes barriers to bail, reduces time in custody, and improves information sharing across agencies.
“We know that reforming youth justice is challenging and complex and it will take time to see lasting results. However, this government is committed to long-term solutions which are set out in Working together changing the story: Youth Justice Strategy 2019-2023.”— 2019-08-21View Hansard
Supported provisions for body worn cameras and information sharing, but strongly opposed the amendments to the bail decision-making framework. Called for breach of bail to be restored as an offence and supported the 72-hour watch house limit amendment.
“What I cannot support are the amendments to the bail decision-making framework. Instead of prescribing in favour of bail, we should support the staff who deal with these young people: the hardworking police officers.”— 2019-08-22View Hansard
Supported most of the bill including information sharing and body worn cameras, but opposed the bail amendments (clause 10) as weakening community safety. Criticised the government for a 'generation of failure' in youth justice, moved amendments for a 72-hour watch house cap and restoring breach of bail as an offence.
“The government's amendment to the same in this regard will be opposed by the opposition. I also note that amendments will be made in respect of breach of bail being reintroduced as an offence.”— 2019-08-21View Hansard
Supported the bill as continuing the government's youth justice strategy reforms, highlighting the over-representation of Aboriginal and Torres Strait Islander children in the system and criticising the former LNP government's approach of removing detention as a last resort.
“I am proud to be part of a government that is committed to ending unnecessary detention for children and young people and to tackle the issue of juvenile crime.”— 2019-08-22View Hansard
Supported the bill and its four-pillar youth justice strategy approach, criticising the LNP's record of closing the purpose-built Childrens Court in North Quay.
“I support the bill before the House and recommend that it be passed.”— 2019-08-21View Hansard
Supported provisions for information sharing and body worn cameras, but strongly opposed the weakening of bail provisions. Called for the LNP amendments to restore breach of bail as an offence and restrict watch house detention to 72 hours.
“Community safety should come first. Communities across Queensland are sick and tired of the same youth offenders holding them to ransom.”— 2019-08-22View Hansard
Described the bill as necessary and largely good but supported LNP amendments for a 72-hour watch house cap and restoring breach of bail as an offence. Opposed clause 10 which amends the bail decision-making framework.
“This is a necessary bill, it is by and large a good bill, but the LNP does not agree with all aspects of it and will put forward some amendments.”— 2019-08-21View Hansard
Supported the bill's focus on keeping children out of custody, improving bail access, information sharing between agencies, and the introduction of body worn cameras in youth detention. Argued that a 72-hour statutory limit could become a default rather than an improvement.
“I think this bill strikes the right balance that we are looking for.”— 2019-08-22View Hansard
Drawing on her experience as a former police watch-house keeper, supported the bill's bail reforms and argued arbitrary bail conditions without proper justification often have counterproductive consequences for young people.
“Depriving a person of their liberty, regardless of their age or the charges they face, should not be a fait accompli. It is a position of great responsibility.”— 2019-08-21View Hansard
Acknowledged the need for youth justice reform but argued the government's approach of easing bail to address overcrowding would not reduce youth crime. Supported the shadow Attorney-General's amendment to create a new offence of finding of guilt while on bail.
“Bail is given on condition that the alleged offender does not face further charges. It is not given so that those conditions can be breached again and again.”— 2019-08-22View Hansard
Supported the bill as being on the right track but argued it needs the LNP's amendments to properly balance community safety with fair treatment of offenders, including the 72-hour watch house cap and restoring breach of bail.
“Whilst the bill makes a gallant attempt at achieving this goal, it is the same glaring holes that require patching. I and my colleagues offer our support to this bill because Queenslanders deserve better.”— 2019-08-21View Hansard
Supported the bill as delivering on the government's youth justice strategy, emphasising the need to work together with families and communities to change the story for young people, including reducing the over-representation of Aboriginal and Torres Strait Islander children.
“Children and young people who offend need to be accountable but, more importantly, they also need to be guided to change their behaviours and attitudes.”— 2019-08-22View Hansard
As a former school principal, supported the bill's reforms to expedite proceedings and reduce bail conditions, emphasising the psychological impacts of extended incarceration on children.
“As a former principal I know firsthand the impacts upon children when being held in custody for long periods of time—the impact on their education and the impact on their personal mental health.”— 2019-08-21View Hansard
Acknowledged the complexity of youth justice and the link between child protection and offending, but expressed concern about the bail provisions and supported the shadow Attorney-General's amendments. Questioned whether the bill would address youth crime without systemic change.
“In conclusion, will this bill impact our current societal problem of youth crime without a systemic and cultural change to how the department manages the needs of these young people? Without proper amendments, unfortunately I fear it will not.”— 2019-08-22View Hansard
Supported information sharing, body worn cameras, and bringing children before court more quickly, but opposed clause 10's bail changes and called for restoring breach of bail as an offence and a 72-hour watch house limit.
“To suggest that the only solution is to not incarcerate people who are doing the wrong thing is an absolute cop-out. Those opposite cannot come into this place and say that the answer to youth crime is to make it easier for somebody to skip out on bail.”— 2019-08-21View Hansard
Supported early intervention and the LNP amendments for 72-hour watch house limits and breach of bail, but opposed the weakening of bail provisions. Criticised the government for inconsistent funding of youth intervention programs, particularly on the Sunshine Coast.
“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
Supported the bill's commitment to keeping young people out of watch houses on remand, highlighting the reforms to bail decision-making and the presumption in favour of release.
“We have a premier and a minister in Di Farmer who are absolutely committed to delivering real reform to break the cycle.”— 2019-08-21View Hansard
Supported the bill as part of the Queensland Youth Justice Strategy, highlighting the importance of the information-sharing framework for coordinating government and non-government support services for juvenile offenders.
“This bill is an important step in continuing the significant progress that has already been made in reforming Queensland's youth justice system.”— 2019-08-22View Hansard
Supported changes to streamline proceedings, information sharing and body worn cameras, but argued the bail legislation goes too far and strongly supported the 72-hour watch house amendment.
“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. They are our most vulnerable and they deserve better.”— 2019-08-21View Hansard
Supported the bulk of the legislation but raised concerns about bail changes and the unintended consequence of mandatory legal aid notification potentially reducing police discretion to caution first-time young offenders instead of taking them to court.
“Softening bail laws, as this bill does, is not the answer to getting children out of watch houses. It will lead to more recidivist young offenders, who should otherwise be in custody, being free to roam and continue to commit crimes.”— 2019-08-22View Hansard
Supported the bill and the government's broader $550 million youth justice strategy, highlighting successful programs like Transition 2 Success and restorative justice that reduce reoffending.
“We know these programs are working to prevent reoffending with data showing that almost six out of 10 young people who go through these programs do not go on to reoffend.”— 2019-08-21View Hansard
Supported the bill despite its shortcomings, welcoming bail reforms and watch house reforms but calling for the age of criminal responsibility to be raised to 14. Opposed the LNP's breach of bail amendment as double penalisation but supported the principle of a 72-hour watch house limit.
“I welcome an urgent response to this crisis which is why, despite its shortcomings, I will be supporting this bill today, but I will also say that the need for a proper overhaul of our youth justice system cannot be ignored.”— 2019-08-22View Hansard
Supported the bill's goals of reducing time in custody and improving rehabilitation but criticised the government for weakening bail laws, supported the 72-hour watch house cap amendment.
“It is important that a balance is struck between holding offenders in appropriate facilities and keeping repeat offenders off Queensland streets. The safety of the community is paramount.”— 2019-08-21View Hansard
Spoke in support of the legislation overall but advocated for the LNP amendments. Focused on the inhumane conditions of children in watch houses and supported body worn cameras, while criticising the government's watch house crisis for diverting police resources from community safety.
“I am appalled to hear that children as young as 10 years of age were being held in Queensland watch houses and continue to be held in spite of concerns raised right here in this very chamber.”— 2019-08-22View Hansard
As Police Minister, supported the bill's reforms including expanded parent notification requirements, early legal advice for young offenders, and the intensive community supervision program backed by $9.4 million.
“We need to have a balanced youth justice system that addresses the causes of offending and draws on the positive benefits of early intervention and rehabilitation to build stronger and safer communities.”— 2019-08-21View Hansard
Supported the LNP amendments to restore breach of bail and impose a 72-hour watch house limit, but opposed the relaxation of bail laws. Argued the crisis was caused by the government's failure to plan for the transition of 17-year-olds to youth detention.
“Softening bail laws is not the answer for my communities in the electorate of Glass House; that is not the answer for the community of Townsville; and that is not the answer for other communities around Queensland.”— 2019-08-22View Hansard
Acknowledged meritorious points in the bill including reducing proceeding times and information sharing, but heavily criticised the government for failing to plan before transferring 17-year-olds, arguing this bill should have been passed before the transition.
“First and foremost, the reason the Police Service have found their watch houses full and the reason the Police Service has found so many juvenile offenders in their care is because, in the opinion of Ian Leavers, who I happen to agree with, the Youth Justice Minister Di Farmer clearly did nothing.”— 2019-08-21View Hansard
Strongly criticised the bill as doing nothing to combat juvenile crime or repair the justice system. As a former police detective, warned that requiring legal aid notification before questioning would undermine police discretion to caution first-time young offenders, pushing more children into court.
“This bill makes no attempt to combat the juvenile crime epidemic currently gripping our state. It does nothing to stop or prevent crime. It does nothing to repair our broken juvenile justice system.”— 2019-08-22View Hansard
Acknowledged some positive amendments in the bill but criticised the lack of preventive measures and the failure to set a statutory limit on watch house detention. Supported the LNP amendments and characterised the bill as a rushed response to Four Corners reporting.
“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 acknowledged beneficial aspects, but opposed clause 10 amending the bail framework and supported the LNP amendments for a 72-hour watch house limit and restoring breach of bail as an offence.
“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 restrict watch house detention to 72 hours and restore breach of bail. Criticised the government for weakening bail laws to manage its own detention centre crisis rather than addressing the root causes of youth crime.
“It is obvious that Labor is weakening the bail laws because it wants to reduce the number of children entering overcrowded youth detention centres. It is weakening laws to massage the statistics.”— 2019-08-22View Hansard
Noted the LNP will not oppose the bill but supported the amendments for a 72-hour watch house limit and restoring breach of bail. Criticised the government's lack of practical planning for the transition of 17-year-olds and shared constituent concerns about youth crime in rural communities.
“Under Labor, more repeat offenders will be let out on the streets into rural and regional communities and back to places like Townsville only to reoffend.”— 2019-08-22View Hansard
Supported the LNP amendments to restrict watch house detention to 72 hours and restore breach of bail as an offence, arguing the government was weakening bail laws to manage its overcrowded detention centres rather than keeping communities safe.
“The safety of Queenslanders is paramount and should always be favoured over the alleged perpetrators of serious crimes.”— 2019-08-22View Hansard
Supported the LNP amendments and opposed clause 10, while acknowledging the importance of early intervention and community-based programs like the Oakey local level alliance. Emphasised that community safety must be balanced with appropriate support for young offenders.
“I believe that there is not a one-size-fits-all approach to this matter, and we must start within our communities and at home.”— 2019-08-22View Hansard
As minister, delivered the reply defending the bill as part of the government's historic half-billion-dollar investment in youth justice reform. Strongly opposed both LNP amendments, arguing a 72-hour limit would become a default rather than a maximum, and breach of bail would result in double penalisation of vulnerable children.
“We know that if you lock young people up and throw away the key they are almost 100 per cent likely to reoffend. We cannot solve this issue by simply building more detention centres.”— 2019-08-22View Hansard
▸In Detail22 Aug 2019View Hansard
Introduced a new offence of 'finding of guilt while on bail' (s 59B) applying to children who are found guilty of a subsequent offence committed while on bail for an original offence, with a maximum penalty of 20 penalty units or 1 year's imprisonment. Also imposed a 72-hour limit on children's detention in watch houses by amending ss 50 and 54 of the Youth Justice Act.
That the amendment be agreed to
Vote on the LNP opposition amendment moved by Mr Janetzki to introduce breach of bail as an offence for children, impose a 72-hour limit on children's detention in watch houses, and amend child custody provisions. The amendment was defeated 42-48, with ALP and Greens voting against.
The motion was defeated.
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Ayes (42)
Noes (48)
Inserted new section 313A requiring the Minister to review the operation of body worn camera provisions in youth detention centres within 2 years of commencement, with particular consideration of the privacy of detained children. Gave effect to recommendations by the Queensland Human Rights Commissioner and Queensland Privacy Commissioner.
Amended clause 13 to clarify that if a child is being detained under the Police Powers and Responsibilities Act chapter 15, part 2, they must be brought before the Childrens Court within 24 hours after detention ends, or as soon as practicable on the next day the court can be constituted.
Amended clause 20 to insert the word 'written' before references to pre-sentence reports, clarifying that pre-sentence reports must be in written form.
▸1 clause vote (all passed)
Vote on clause 10
Vote on whether to retain clause 10, which reformed the bail decision-making framework for children by creating an explicit presumption in favour of release from custody. The LNP, KAP, PHON and crossbenchers opposed the clause as weakening bail provisions, but the government prevailed 48-42 with Greens support.
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)
▸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, with the government blocking the amendment from being formally considered.
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)
As shadow Attorney-General, moved the LNP amendments during Consideration in Detail to introduce a 72-hour watch house limit and create a new offence of finding of guilt while on bail. Opposed clause 10's changes to the bail framework, arguing it would put community safety at risk.
“Ultimately this clause will result in more youths who commit serious offences that put community safety at risk being released on bail.”— 2019-08-22View Hansard