Inspector of Detention Services Bill 2021

Introduced: 28/10/2021By: Hon S Fentiman MPStatus: PASSED
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill creates an independent Inspector of Detention Services to oversee Queensland's prisons, youth detention centres, community corrections centres, work camps and police watch-houses. The Inspector, held by the Queensland Ombudsman, will conduct regular inspections and reviews of detention facilities and report findings directly to Parliament, with the aim of preventing harm and improving conditions for people in custody.

Who it affects

People held in Queensland's detention facilities will have an independent watchdog monitoring their treatment and conditions. Detention staff must cooperate with inspections, and the broader community gains transparency through published reports on how custodial facilities are managed.

Key changes

  • Creates an Inspector of Detention Services as an independent officer of Parliament, with the role held by the Queensland Ombudsman
  • Mandates annual inspections of youth detention centres and five-yearly inspections of high-security prisons
  • Gives the Inspector power to enter any detention facility at any time without notice, speak privately with detainees, and access all documents
  • Requires culturally appropriate representatives for inspections involving Aboriginal and Torres Strait Islander detainees, and child trauma experts for inspections involving children
  • Protects people who provide information to the Inspector from reprisals, with penalties of up to 100 penalty units for obstruction, reprisals or providing false information

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced28 Oct 2021View Hansard
First Reading28 Oct 2021View Hansard
Committee28 Oct 2021 – 26 May 2022View Hansard

Referred to Legal Affairs and Safety Committee

Second Reading26 May 2022 – 30 Aug 2022View Hansard

Vote on a motion

Vote on the estimates hearings schedule motion moved by the Leader of the House, not related to the Inspector of Detention Services Bill. The LNP opposed the motion over concerns about the estimates process.

Passed48 ayes – 32 noes2022-06-22

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 votes

Ayes (48)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (32)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Bolton(Independent)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
MacMahon(Queensland Greens)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
23 members spoke17 support6 mixed
11.15 amMs PUGHSupports

Supported the bill as important for oversight of corrections facilities, drawing on her experience visiting Wacol prisons and meeting custodial officers in her electorate.

The experience of the prisoners is a key part of the many factors that determine whether a prisoner who has served their sentence will reoffend. For this reason, if for no other, each and every Queenslander is indirectly and directly invested in the treatment of our prison population.2022-08-30View Hansard
5.56 pmMs PUGHSupports

Spoke in support of the bill, drawing on her experience visiting corrective services facilities in her electorate and praising the dedication of corrections staff. Argued the bill would shine a light on good work happening behind closed doors.

This bill is going to go some way at least to shining a light on the great work that is happening behind closed doors in our corrections facilities.2022-08-18View Hansard
3.40 pmMr RUSSOSupports

Continued speech from previous sitting in support of the bill as committee chair. Outlined stakeholder submissions and the department's responses to concerns about the appointment model and resourcing of the inspector.

I rise to continue my speech in support of the Inspector of Detention Services Bill 2021.2022-06-22View Hansard
5.20 pmHon. LM LINARDSupports

As minister moving the second reading, outlined the bill's establishment of an independent Inspector of Detention Services to provide oversight of prisons, youth detention centres and watch houses. Confirmed $9.38 million over four years in additional funding for the Ombudsman's office to carry out the inspector role.

The Palaszczuk government is committed to protecting the human rights of all Queenslanders, including those in detention. That is why this bill is aimed at promoting and upholding the humane treatment and conditions of detainees and preventing harm to detainees.2022-05-26View Hansard
11.23 amMr BERKMANMixed

Supported the bill as a step forward but raised significant concerns that the inspectorate should be an independent statutory body rather than a dual appointment with the Ombudsman, that the definition of place of detention is too narrow and inconsistent with OPCAT, and that the five-year inspection cycle is insufficient.

While the bill is a step forward, we need to be clear about the fact that it does not properly meet our obligations under OPCAT, the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.2022-08-30View Hansard
3.48 pmMrs GERBERMixed

Expressed hope the bill would be effective but raised serious concerns about the government's track record, insufficient resourcing, and the choice to appoint the Ombudsman rather than create a standalone inspectorate. Criticised the government as more concerned with appearances than outcomes.

Without proper planning, sufficient resourcing and true independence the establishment of this office may only check the box and give the appearance of making good on a policy that Labor took to the last election.2022-06-22View Hansard
5.34 pmMr NICHOLLSSupports

Confirmed the LNP will not oppose the bill. Provided extensive historical context on prison reform. Noted concerns about the dual appointment model with the Ombudsman rather than a standalone inspectorate, but acknowledged the additional funding addresses some concerns. Highlighted the difficult conditions prison officers work in.

I want to advise that the LNP will not be opposing this bill.2022-05-26View Hansard
11.32 amMr MADDENSupports

Supported the bill as establishing important independent oversight of places of detention, highlighting the Borallon Training and Correctional Centre in his electorate and its rehabilitation programs.

Any bill that brings greater scrutiny to the operation of places of detention is a step forward in the right direction because it directly and indirectly highlights the work of the facility.2022-08-30View Hansard
3.58 pmMr HUNTSupports

Supported the bill as a committee member, drawing on his professional experience in correctional services. Discussed the committee's thorough examination of submissions and the importance of independent oversight.

I rise to speak in support of the Inspector of Detention Services Bill 2021.2022-06-22View Hansard
5.57 pmMr RUSSOSupports

Spoke in support of the bill, noting it fulfils the government's commitment to establish an independent inspectorate and addresses recommendations from multiple criminal justice reviews. Speech was cut short by adjournment.

The purpose of the Inspector of Detention Services is to facilitate greater transparency and accountability in the way that places of detention, and the people detained within them, are managed.2022-05-26View Hansard
11.39 amMr DAMETTOMixed

Welcomed transparency but expressed concern the bill focuses too much on detainee welfare while neglecting the rights and safety of workers in detention centres, and that it is more about UN compliance than meeting the needs of Queenslanders.

Although we would like to see more transparency, we would also like to see further transparency on how these detention centres are run from the perspective of those actually tasked with the job of running them.2022-08-30View Hansard
4.13 pmMs BUSHSupports

Supported the bill as a committee member, emphasising the importance of independent oversight in closed detention environments. Drew on her professional background to discuss the prevention of harm and the unique vulnerabilities of detainees.

Independent inspectors ensure accountability and transparency in the way that those places are managed. They are a set of independent eyes and ears in places that are often closed off, to some degree, to the public.2022-06-22View Hansard
11.45 amMs BOYDSupports

Supported the bill as demonstrating the government's commitment to human rights, drawing on her experience as a union organiser working with custodial officers in privatised detention centres.

No-one wins through a privatised detention system, and I am so proud to be part of a government that has eradicated them.2022-08-30View Hansard
4.25 pmMr SMITHSupports

Supported the bill, emphasising the prevention focus of the inspector role rather than responding to complaints after harm has occurred. Discussed the importance of examining systemic issues across detention facilities.

The prevention of harm, rather than responding to complaints of harm, is the key focus of the inspector.2022-06-22View Hansard
11.48 amMr SULLIVANSupports

Supported the bill as providing streamlined independent oversight of places of detention, noting its origins in the Sofronoff review and other criminal justice system reviews.

This bill delivers significant benefits to Queenslanders through independent oversight for places of detention and detention services and recommended improvements in custodial environments in Queensland.2022-08-30View Hansard
4.36 pmMr LASTMixed

Criticised the government for taking over five years to implement recommendations from multiple reports including the Sofronoff review. Argued the government has failed to deliver for prison staff and highlighted concerns about staffing levels and conditions in correctional facilities.

There is not one Queenslander who would condone the inhumane treatment or torture of people in detention.2022-06-22View Hansard
11.54 amMr KELLYSupports

Supported the bill as another good reform, drawing on his nursing experience including caring for prisoners, and emphasising the importance of human rights safeguards when interfering with people's liberty.

I know how important it is that when we interfere with people's liberty and when we detain people, we put in place the maximum number of safeguards for these people.2022-08-30View Hansard
4.39 pmMr McCALLUMSupports

Supported the bill as fulfilling the government's commitment to establish an independent inspectorate. Discussed the framework for reviewing detention services and the importance of independent reporting to parliament.

I rise in support of the Inspector of Detention Services Bill, part of our commitment to establish an independent inspectorate to promote and uphold the humane treatment and conditions of people detained in prisons.2022-06-22View Hansard
12.00 pmMr BROWNSupports

Supported the bill as establishing important independent oversight of places of detention with a focus on harm prevention, highlighting the inspector's cultural competency requirements.

This bill demonstrates the Palaszczuk government's dedication to human rights. It will ensure oversight, accountability and transparency in our places of detention.2022-08-30View Hansard
4.50 pmMs LAUGASupports

Supported the bill, acknowledging corrections officers at Capricornia Correctional Centre who endured a major riot. Emphasised the importance of independent oversight and the Together union's advocacy for prison officer safety.

I rise to speak in support of the Inspector of Detention Services Bill 2021.2022-06-22View Hansard
12.05 pmHon. SM FENTIMANSupports

As Attorney-General, delivered the reply speech defending the bill's design including the dual appointment with the Ombudsman, the scope of inspection powers, resourcing of $9.388 million over four years, and cultural competency requirements.

We care about the human rights of all people, including those in detention. That is why the bill establishes an Inspector of Detention Services.2022-08-30View Hansard
4.59 pmMr LANGBROEKMixed

Raised concerns about OPCAT compliance, resourcing uncertainty, and the dual appointment model with the Ombudsman. Highlighted the over-representation of Indigenous people in the criminal justice system. Argued the inspector role is a two-way street requiring support for corrections staff as well.

The Inspector of Detention Services Bill is a two-way street. To gain respect, you have to give it.2022-06-22View Hansard
6.21 pmMr POWELLMixed

Spoke as representative of an electorate with a major correctional centre. Heavily criticised the Palaszczuk government's record on detention services including scrapping prison expansions, costly re-nationalisation of private prisons, and overcrowding. While not opposing the bill, expressed frustration about conditions for custodial officers.

They deserve our support. We should be looking at ways that we can protect them better, if not through this bill then through some other means.2022-06-22View Hansard
In Detail28 Oct 2021 – 30 Aug 2022View Hansard
Amendment

That the amendment be agreed to

Passed48 ayes – 34 noes2022-06-22

The motion passed.

Show individual votes

Ayes (48)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (34)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Amendment

That the amendment be agreed to

Defeated30 ayes – 51 noes2021-10-28

The motion was defeated.

Show individual votes

Ayes (30)

Bates(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Boyce(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (51)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

That the motion, as amended, be agreed to

Passed48 ayes – 34 noes2022-06-22

The motion passed.

Show individual votes

Ayes (48)

A. King(Australian Labor Party)
Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Kelly(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
S. King(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (34)

Andrew(One Nation Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crisafulli(Liberal National Party)
Dametto(Katter's Australian Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Janetzki(Liberal National Party)
Katter(Katter's Australian Party)
Knuth(Katter's Australian Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Third Reading28 Oct 2021 – 30 Aug 2022View Hansard
Became Act 18 of 20227 Sept 2022

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