Community Based Sentences (Interstate Transfer) Bill 2019
Plain English Summary
Overview
This bill allows adults serving community-based sentences in Queensland — such as probation, community service, or drug and alcohol treatment orders — to have their sentences formally transferred to another state or territory when they move interstate. It replaces informal arrangements that had no enforcement powers with a proper legal framework based on nationally agreed model legislation.
Who it affects
Adults on community-based sentences who need to relocate interstate, and Queensland Corrective Services, which gains clear powers to supervise interstate offenders and take breach action if they do not comply with their sentence conditions.
Key changes
- Creates a formal process for transferring community-based sentences between Australian states and territories, replacing informal arrangements with no enforcement powers
- Requires consent from the offender, the sending jurisdiction, and the receiving jurisdiction before a sentence can be transferred
- Once registered in the new state, the sentence is managed as though a local court imposed it, including for breach proceedings
- Allows offenders to obtain temporary travel permits for interstate travel while on community orders, without needing a full sentence transfer
- Gives authorities power to issue arrest warrants for offenders who breach travel permit conditions, and recognises interstate warrants in Queensland
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Committee
Committee report tabled
▸Second Reading20 Feb 2020View Hansard
▸18 members spoke11 support7 mixed
As the minister introducing the bill, outlined the national scheme for formal transfer of community based sentences between jurisdictions. Gave assurances that Queensland maintains the right to decline transfer requests and that QCS does not expect increased transfers.
“I assure the House that Queensland Corrective Services has advised that this conservative approach to deciding who is allowed to be supervised in Queensland will not change with the passage of this bill.”— 2020-02-20View Hansard
As shadow minister, acknowledged the bill formalises existing informal arrangements and has good elements, but sought assurance from the minister that Queensland would not become a dumping ground for interstate offenders or a net importer of community based sentence offenders.
“If the minister can give that assurance, then we will not be opposing the bill because, largely, the bill has good, formalised elements that we need.”— 2020-02-20View Hansard
As committee chair, outlined the bill's purpose and noted no statement of reservation was filed. Emphasised the bill applies to community based sentences, not prisoners, and that no significant increase in transfers is expected.
“There is not expected to be any significant—I repeat, there is not expected to be any significant—increase in the number of offenders under the proposed legislation either seeking transfer into Queensland or seeking transfer out of Queensland.”— 2020-02-20View Hansard
Acknowledged the bill is technically good but expressed concern about Queensland becoming a destination for criminals. Supported the shadow minister's call for assurances from the minister that Queensland would not become a dumping ground.
“As the shadow minister said, the LNP can only support this bill if that assurance is forthcoming.”— 2020-02-20View Hansard
Corrected the opposition's use of the term 'prisoners', emphasising the bill applies only to community based sentences which do not include terms of imprisonment. Highlighted that Queensland retains the right to refuse transfers.
“To use the word 'prisoner' when debating this legislation is widely inaccurate and scaremongering.”— 2020-02-20View Hansard
Raised concerns about Queensland becoming a dumping ground for interstate offenders, citing the Queensland Law Society's submission about transfer asymmetry. Could not support the bill without assurances from the minister.
“Without a number of assurances and guarantees from the minister that this bill will not negatively impact Queensland, the LNP simply cannot support it.”— 2020-02-20View Hansard
Supported the bill as formalising Queensland's participation in the national scheme, emphasising its role in supporting offender rehabilitation and community safety through better interstate management.
“This reform will mean that the aforementioned opportunities can be realised by offenders and we will see a lower rate of reoffending due to a stronger support system.”— 2020-02-20View Hansard
Supported the bill as a sensible mechanism to allow adult offenders on community based sentences to cross state borders for family support, rehabilitation and employment. Emphasised the cost-effectiveness compared to imprisonment.
“Clearly, it makes no sense in this day and age of increased mobility to put roadblocks in front of minor offenders whom the broader society would rather see fully rehabilitated and reintegrated in the least intrusive, most culturally appropriate and effective manner possible.”— 2020-02-20View Hansard
Supported the bill, emphasising community based sentences as effective alternatives to imprisonment that allow offenders to give back to society while being rehabilitated.
“Importantly, this bill resolves the risks and issues identified with the current informal administrative interstate transfer arrangements.”— 2020-02-20View Hansard
Raised concerns about Queensland becoming a dumping ground for interstate offenders, the drain on police resources, and costs to Queensland taxpayers for rehabilitating interstate offenders. Called for due diligence and oversight.
“It is imperative that Labor not allow Queensland to become a net importer of such prisoners.”— 2020-02-20View Hansard
Supported the bill from the perspective of domestic and family violence prevention, emphasising that victim safety will be a high priority in transfer decisions and that no change in DV offender transfers is expected.
“By formalising our processes for transferring offenders on community based orders interstate, we are making sure that our processes are as safe as they can be and that offenders can be held properly to account.”— 2020-02-20View Hansard
Outlined the bill's mechanics but raised concerns about Queensland becoming a dumping ground given police are already under-resourced and crime is rising.
“As communities right across Queensland—from Cairns to the Gold Coast—know all too well, under the Palaszczuk Labor government our police are already under-resourced, understaffed and underfunded and subsequently crime is out of control.”— 2020-02-20View Hansard
Supported the bill as vital for maintaining community safety and strengthening interstate law enforcement cooperation, emphasising that it enforces laws consistent with effective rehabilitation and supervision.
“This bill not only strengthens the ties that Queensland has with other jurisdictions but also enforces laws that are consistent with supporting effective rehabilitation, reintegration and the effective supervision of offenders.”— 2020-02-20View Hansard
Acknowledged the LNP wants to support the bill but said the shadow minister's request for assurance about Queensland not becoming a dumping ground is valid and grounded in the committee report. Asked for clarity on resource implications.
“The shadow minister has made it very clear that the LNP want to support this bill. There are valid points within the bill, but it is not impossible to simply ask a question of the minister.”— 2020-02-20View Hansard
Dismissed LNP concerns as hysteria, noting the bill is about community based sentencing not prisoners. Emphasised Queensland retains the right to refuse transfers and the scheme is already operating informally.
“This is purely agreeing to a nationwide approach to community based sentencing. We should not allow the member for Toowoomba North and those opposite to create further fear and hysteria in our community.”— 2020-02-20View Hansard
Supported the bill as eliminating complexity in the transfer system, noting community based sentences can be effective alternatives to imprisonment and that Queensland retains the right to refuse transfers.
“Community based sentences have the potential to be an effective alternative to imprisonment for some offenders.”— 2020-02-20View Hansard
Supported the bill as having merit in streamlining bureaucracy and providing flexibility for low-risk offenders to rehabilitate. Highlighted the Aboriginal and Torres Strait Islander Legal Service's examples of how transfers help offenders.
“Operating under a national scheme will allow Corrective Services to work under a streamlined scheme aimed at cutting down on bureaucracy and paperwork, which is something that I would always support.”— 2020-02-20View Hansard
Could not support the bill without a guarantee Queensland would not become a dumping ground for interstate offenders. Raised concerns about unemployment, accommodation, police resources and the Queensland Law Society's concerns about transfer asymmetry.
“Queensland should not be a dumping ground for offenders or a destination of choice for interstate prisoners, which is why Labor should only agree to the formalisation of existing arrangements as long as Queensland does not become a net importer of these interstate offenders.”— 2020-02-20View Hansard