Corrective Services and Other Legislation Amendment Bill 2020
Plain English Summary
Overview
This bill strengthens anti-corruption measures in Queensland prisons following the Crime and Corruption Commission's Taskforce Flaxton report, improves the parole system based on the Queensland Parole System Review, and tightens prisoner management rules. It also establishes a permanent firearms amnesty, clarifies rules for gel blaster and replica firearm possession, and increases penalties for assaults on corrective services officers.
Who it affects
Corrective services staff face new drug and alcohol testing and search requirements. Victims of crime gain more time and better notification in parole processes. Anyone with an unregistered firearm can now hand it in permanently without prosecution.
Prison anti-corruption and staff integrity
Responds to the Crime and Corruption Commission's Taskforce Flaxton by introducing alcohol and drug testing for prison staff, broader search powers at facilities, and a new criminal offence for staff who have intimate relationships with prisoners or offenders.
- Corrective services staff can be required to undergo random alcohol and drug testing, with a zero-tolerance policy for dangerous drugs
- Staff can be searched at any time while at a corrective services facility, not just on entry
- New offence for staff having intimate relationships with prisoners or offenders — up to 100 penalty units or 3 years imprisonment
- Inspectors can now investigate misconduct and corrupt conduct of staff members
Parole system and victims' rights
Implements recommendations from the Queensland Parole System Review, giving victims more time to make parole submissions, streamlining Parole Board operations, and strengthening 'No Body, No Parole' laws.
- Victims on the Victims Register can apply for extra time to provide submissions before a parole decision
- Victims notified of a prisoner's release as soon as practicable, rather than within 14 days beforehand
- Parole Board can now cancel a parole order when considering an immediate suspension request
- Quorum of five required only for prescribed prisoners, streamlining other parole decisions
Prisoner management and safety
Restricts transfers for serious offenders, creates new offences for tampering with monitoring devices, and increases protections for corrective services officers who are victims of serious assault.
- Prisoners convicted of sexual offences, murder, or serving life sentences barred from low-custody facilities
- New offence for removing or tampering with an electronic monitoring device — up to 30 penalty units or 3 months imprisonment
- Maximum penalty for serious assault on a corrective services officer increased to 14 years imprisonment in aggravated circumstances
- Compassionate leave extended to prisoner parents and kin to maintain relationships with children
Permanent firearms amnesty and replica firearms
Establishes a permanent firearms amnesty allowing people to surrender unregistered firearms at police stations or approved dealers. Also clarifies that gel blaster club members and licensed collectors can lawfully possess replica firearms.
- Permanent firearms amnesty — hand in unregistered firearms or prescribed items at a police station or approved dealer without prosecution
- Gel blaster club members have a clear 'reasonable excuse' for possessing replica firearms, provided activities are not in a public place
- Licensed weapons collectors can hold replica firearms and deactivated category A, B, or C weapons
- People must notify the dealer or police station before bringing in a firearm, unless they have a reasonable excuse
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee17 Mar 2020View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill over two months, receiving 14 submissions and holding a public briefing and hearing. The committee recommended the bill be passed. Key areas of concern raised by stakeholders included the regulation of gel blasters as replica firearms, the blanket ban on transferring certain prisoners to low custody facilities, increased penalties for assaulting corrective services officers, and restrictions on payments to prisoners. LNP members filed a statement of reservation objecting to the gel blaster regulation and early parole release provisions.
Key findings (5)
- The bill implemented recommendations from the Crime and Corruption Commission's Taskforce Flaxton report to address corruption risks in Queensland prisons, including alcohol and drug testing of staff and broader search powers
- Stakeholders including the Queensland Human Rights Commission and Sisters Inside raised concerns that the blanket ban on transferring prisoners convicted of any sexual offence to low custody facilities was disproportionate and could affect children and those convicted of minor offences
- Firearms industry stakeholders broadly supported the permanent firearms amnesty but raised concerns about the regulation of gel blasters as replica firearms, noting the impact on small businesses and rural communities
- The Queensland Human Rights Commission and Sisters Inside argued the increased penalties for assaulting corrective services officers may be premature given the Queensland Sentencing Advisory Council was concurrently reviewing such penalties
- Sisters Inside and the Prisoners' Legal Service raised concerns about restrictions on payments to prisoners, noting the disproportionate impact on Aboriginal and Torres Strait Islander prisoners and women in prison
Recommendations (1)
- The committee recommends the Corrective Services and Other Legislation Amendment Bill 2020 be passed.
Committee report tabled
▸Second Reading15 July 2020View Hansard
Vote on a motion
Procedural vote to suspend standing and sessional orders to allow the Treasurer to immediately move a motion about extending the federal government's JobKeeper program. This was unrelated to the Corrective Services bill.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (48)
Noes (34)
▸23 members spoke12 support2 oppose9 mixed
Supported the bill's anti-corruption measures implementing Taskforce Flaxton recommendations but strongly opposed clause 62 regulating gel blasters, arguing they are toys and existing laws already adequately punish misuse.
“Under the bill, Labor proposes to regulate the gel blaster industry by classifying a gel blaster as a restricted item under section 9 of the Weapons Categories Regulation 1997.”— 2020-07-16View Hansard
Moved the second reading as Minister for Police and Corrective Services, outlining the bill's responses to Taskforce Flaxton corruption recommendations, parole system reforms, permanent firearms amnesty, gel blaster regulation, and foreshadowed amendments to the Public Health Act for COVID-19 response.
“This government will always put community safety first.”— 2020-07-15View Hansard
Supported the bill including its implementation of Taskforce Flaxton recommendations, the permanent firearms amnesty, and gel blaster regulation, noting the Police Commissioner supports regulation of replica firearms.
“All legal opinions seem to agree that if you intend to use a gel blaster as a toy—that is, your intended use is not unlawful, dangerous, irresponsible, alarming to the public or threatening toward any person—then that is a reasonable excuse.”— 2020-07-16View Hansard
Supported some measures but opposed clause 15 (early release of prisoners) and clause 62 (gel blaster regulation), criticising the government for prioritising toy regulation over addressing rampant crime and arguing the gel blaster provisions would hurt rural residents without gel blaster clubs.
“If the government were truly interested in community safety, that bill would be up for its second reading debate. Instead, we are talking about toys.”— 2020-07-15View Hansard
Strongly opposed the gel blaster regulation as ridiculous nanny-state overreach, arguing gel blasters are toys that fire water-based pellets and should not be regulated alongside real firearms. Also criticised amendments protecting the CFMMEU.
“We are taking toys off kids. We tell kids to go outside and enjoy life but we are now regulating that.”— 2020-07-16View Hansard
Supported the bill, detailing the Taskforce Flaxton reforms including alcohol and drug testing for staff, new offences for intimate relationships with offenders, and the permanent firearms amnesty provisions.
“The government's swift implementation of legislative amendments to support the Taskforce Flaxton recommendations highlights a commitment to ensuring that all government departments act with the highest standards of integrity, ethics, accountability and transparency.”— 2020-07-15View Hansard
Supported the bill with a focus on the Taskforce Flaxton anti-corruption reforms including alcohol and drug testing for prison staff, broader search powers, and the new offence prohibiting intimate relationships between staff and offenders.
“An effective ESU promotes an integrity culture, discipline and professional practice across the agency and is necessary to prevent, detect and deal with corruption risks in prisons.”— 2020-07-16View Hansard
As a committee member, stated the LNP would not oppose the bill overall but opposed the early parole release and gel blaster regulation provisions, criticising the government for prioritising regulation of toys over cracking down on real weapons crime.
“It baffles me that the Palaszczuk Labor government is prioritising the strict regulation of toys over a crackdown on weapons and firearms crime committed by violent and organised criminals.”— 2020-07-15View Hansard
Focused his opposition on the gel blaster regulation, arguing it would harm small businesses and restrict law-abiding people in rural and regional Queensland from enjoying a recreational activity.
“Water pistols are toys that are used by law-abiding people. However, because the Labor Party thinks that we need to crack down on them, law-abiding people will not be able to use gel blasters.”— 2020-07-16View Hansard
Supported the bill as a committee member, speaking in favour of alcohol and drug testing for prison staff, the intimate relationships offence, and gel blaster regulation, drawing on her experience as a former custodial officer.
“When one wears a uniform it carries with it a key community safety expectation that one's behaviour must be beyond reproach.”— 2020-07-15View Hansard
Supported the bill and spoke specifically in support of the consideration in detail amendments to the Petroleum and Gas (Production and Safety) Act 2004 to rectify authorised officer appointment issues arising from the establishment of Resources Safety and Health Queensland.
“There is no day and no opportunity that should be lost when it comes to improving safety.”— 2020-07-16View Hansard
Broadly supportive of the bill's objectives, particularly the permanent firearms amnesty, but had reservations about blanket restrictions on prisoner transfers to low-security facilities and the breadth of replica firearm reclassification.
“I am broadly supportive of the objectives and provisions in the bill. In particular, I welcome clause 63 of the bill, which establishes a permanent amnesty for the surrender of firearms to police officers or licensed firearms dealers.”— 2020-07-15View Hansard
Did not oppose the bill in its entirety but strongly opposed clause 62 regulating gel blasters, arguing it disproportionately affects rural Queenslanders and would cripple small businesses. Also opposed clause 15 on early parole release.
“Just like my colleagues in the LNP, I will not be opposing the bill in its entirety. I will, however, oppose its clauses which perfectly show this Labor government has complete disregard for common sense.”— 2020-07-16View Hansard
Supported the bill, emphasising community safety as paramount and defending the gel blaster regulation framework, the permanent firearms amnesty, and increased penalties for assaults on corrective services officers.
“Community safety is paramount.”— 2020-07-15View Hansard
Supported the bill and spoke to the Racing Integrity Act amendments clarifying QRIC's information-sharing powers. Defended the gel blaster regulation, arguing the appearance of gel blasters can cause genuine fear.
“The grave danger, the great risk with this is that the very appearance of some of these gel blasters can fool people and cause great concern and great fear.”— 2020-07-16View Hansard
Confirmed the opposition would not oppose the bill overall but would oppose specific aspects, criticising prison overcrowding under Labor as fuelling corruption and listing recent assaults on corrections officers.
“I can confirm that the opposition will not be opposing the bill; however, there are aspects of this bill which the LNP will be opposing which I will address throughout my speech.”— 2020-07-15View Hansard
Broadly did not oppose the bill but raised concerns about the failure to adopt CCC recommendation 33 for an independent inspectorate, prison overcrowding, and the gel blaster regulation. Outlined his AEIOU framework for prisoner rehabilitation.
“Given that corruption is rife in Queensland prisons, it is paramount that investigations of prison staff are transparent and unbiased. While this provision is a step in the right direction, it does not go far enough in mitigating corruption.”— 2020-07-16View Hansard
Supported the bill and spoke specifically to the consideration in detail amendments to the Public Health Act 2005 and Hospital and Health Boards Act 2011, including increasing penalties for breaching public health directions and enabling the Chief Health Officer to delegate emergency powers during COVID-19.
“We are increasing the penalties for breaching any public health directions and implementing a penalty of six months imprisonment.”— 2020-07-16View Hansard
Criticised the bill as a chaotic amalgamation of unrelated amendments being rushed through parliament. Supported the member for Kawana's concerns about gel blaster regulation, visiting stores in his electorate to test them firsthand.
“Instead of bringing these various issues before the House in a sensible and structured manner—perhaps actually having amendments to the Weapons Act dealt with as a completely separate piece of legislation—the government keeps putting all these things on the back of other bills.”— 2020-07-16View Hansard
Supported the bill and defended the gel blaster regulation as creating a safe framework that protects the community while allowing responsible use. Accused the LNP of hypocrisy, noting the Leader of the Opposition had previously called for gel blasters to be banned.
“This creates a safe framework, protects the community and protects small businesses but allows people to continue safely enjoying a popular pastime.”— 2020-07-16View Hansard
Opposed the bill, particularly the gel blaster regulation which he argued targeted law-abiding citizens and small businesses rather than addressing real crime like youth offending. Also raised concerns about the firearms amnesty requiring firearms to be destroyed and replica firearms being added to the restricted list.
“It is a dark day in Queensland when we start going after the low-hanging fruit in the community rather than get to the crux of what is going on with crime in our community.”— 2020-07-16View Hansard
Supported the bill with a focus on boosting safety for corrective services officers, including tougher penalties for assaults and the anti-corruption measures from Taskforce Flaxton. Also supported the new offence for parolees who remove GPS monitoring devices.
“Any prisoner who commits a serious assault on a corrections officer will face up to 14 years in prison for that offence. This rightfully matches the penalty that applies to anyone assaulting a police officer and other front-line service officers.”— 2020-07-16View Hansard
As the responsible minister, defended the bill in reply, highlighting the government's record investment of almost $1 billion in correctional infrastructure and defending the gel blaster regulation framework as balanced, supporting responsible use while promoting community safety.
“This is a framework that supports the continued responsible use of gel blasters, supports small businesses that sell gel blasters and promotes community safety.”— 2020-07-16View Hansard
▸In Detail16 July 2020View Hansard
Postponed clause 2 (Commencement) for later consideration to accommodate other amendments to the bill.
Omitted clause 15 which would have allowed the chief executive to release prisoners from custody within seven days before their parole date, removing the early release provision.
Inserted new section 124A creating an offence prohibiting intimate relationships between staff members and offenders, with a maximum penalty of 100 penalty units or 3 years imprisonment.
Omitted clause 21 (insertion of new section 173A), removing another provision from the bill.
Inserted new Part 3A amending the Hospital and Health Boards Act 2011 to create a Deputy Chief Health Officer position with delegated functions and powers from the Chief Health Officer.
Inserted new Part 3B amending the Petroleum and Gas (Production and Safety) Act 2004 to allow the department's chief executive to appoint authorised officers (general) alongside RSHQ's authorised officers (safety and health).
Inserted new Part 3C amending the Public Health Act 2005 to enable contact tracing officers to operate across jurisdictions, allow the Chief Health Officer to delegate emergency powers, and increase penalties for breaching public health directions to include 6 months imprisonment.
Inserted new Part 4A amending the Summary Offences Act 2005 to clarify trespass provisions and expand the definition of authorised industrial officer to include WHS entry permit holders.
Amended clause 2 (Commencement) to set commencement dates for various provisions including those linked to the COVID-19 emergency period, the Resources Safety and Health Queensland Act 2020, and provisions to commence by proclamation.
Amended the long title of the bill to include references to the Hospital and Health Boards Act 2011, Petroleum and Gas (Production and Safety) Act 2004, Public Health Act 2005, and Summary Offences Act 2005.
▸1 clause vote (all passed)
Vote on clause 62
Vote on whether to retain clause 62 which classifies gel blasters as restricted items under the Weapons Categories Regulation, requiring owners to have a reasonable excuse such as club membership. The LNP, KAP, PHON and independents opposed the clause while ALP and Greens supported it.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
▸Show individual votesHide individual votes
Ayes (45)
Noes (38)
Assent date: 11 April 2019