Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021
Bill Journey
Referred to Legal Affairs and Safety Committee
Referred to State Development and Regional Industries Committee
Referred to Legal Affairs and Safety Committee
Plain English Summary
Overview
This bill modernises Queensland Police Service operations by cutting red tape and updating procedures. It allows senior police officers to witness certain legal documents instead of requiring Justices of the Peace, expands court powers to order access to seized phones and computers, and updates drug testing procedures for officers involved in serious incidents.
Who it affects
Primarily affects police officers through streamlined administrative processes. People under investigation face expanded powers for police to compel access to digital devices. Firearms licence holders benefit from longer temporary storage periods.
Police administrative streamlining
Senior police officers can now witness affidavits for bail objections and document service, saving officers from travelling to find a Justice of the Peace. Studies showed this took 30 minutes to 2 hours per document, costing up to 22,000 police hours annually.
- Sergeants and officers-in-charge can witness bail objection affidavits
- Affidavits can be witnessed electronically or by video link
- Search warrant documents can be sent by email instead of fax
Digital device access powers
Courts can now order people to provide passwords or unlock codes for seized phones and computers in more circumstances, including for image-based abuse offences that previously fell outside the scheme.
- Access orders available for devices seized under any lawful police power, not just magistrate-issued warrants
- Covers intimate image offences (3-year penalty) that were previously excluded
- Failure to comply carries up to 5 years imprisonment
Police drug and alcohol testing
The circumstances triggering mandatory testing of police officers are expanded to cover deaths or serious injuries during any police operation. Saliva testing is introduced as a faster, less invasive alternative to urine testing.
- Critical incident definition expanded to include grievous bodily harm during police operations
- Saliva testing introduced as alternative to urine testing
- Accidental firearm discharges now trigger testing requirements
Interstate police cooperation
The Police Commissioner can now clearly authorise interstate police officers to use Queensland police powers when assisting with major events, disasters, or terrorism incidents.
- Special constables can exercise powers under any Queensland Act, not just police-specific Acts
- Non-State officers responding to terrorism can use the same powers as Queensland officers
- Commissioner must report on interstate officer authorisations in annual report
Firearms licensing improvements
Changes make it easier to manage firearms during deceased estate administration and streamline the permanent firearms amnesty that commenced in July 2021.
- Temporary weapon storage extended from 3 months to 6 months
- Licensed dealers can retain anonymously surrendered amnesty firearms
- Civilian technical officers can prepare weapon category certificates for court