Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill updates Queensland's laws for monitoring convicted child sex offenders to address modern technology-based offending. It requires offenders to report their use of anonymising software, hidden vault applications and the digital identifiers of all their devices, and gives police stronger powers to inspect those devices and enter offenders' homes to do so.
Who it affects
Convicted child sex offenders on the child protection register face significantly expanded reporting and monitoring obligations. Children and families benefit from stronger safeguards and better police oversight of offender behaviour in the community.
Key changes
- Reportable offenders must disclose all digital devices, their MAC addresses, and any anonymising software or vault applications they possess or use
- Police can enter an offender's residence to inspect digital devices and require the offender to present every device, with up to 5 years imprisonment for refusal
- The list of offences triggering device inspections is expanded to include child exploitation material offences, child trafficking and grooming, applied retrospectively to current offenders
- High-risk offenders can be required to report any change in location within 24 hours if they stay somewhere for 3 or more consecutive days
- Information on the child protection register can now be shared directly with the Department of Home Affairs, Australian Border Force and Australian Federal Police
- Overseas child offender reporting schemes are recognised, so offenders moving to Queensland from overseas face the same monitoring obligations
- Children's identifying information is protected when offenders request their registry data, with only initials and dates disclosed
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee26 Oct 2022 – 24 Aug 2023View Hansard
Referred to Community Support and Services Committee
Vote on a motion
Vote on a procedural motion related to the Speaker's ruling on the same question rule for the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022, likely to suspend Standing Order 87 to allow consideration of clauses 3 and 50.
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.
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Ayes (51)
Noes (36)
▸1 procedural vote
Vote to end debate
Government gag motion to end debate and force a vote on the LNP amendment to refer the bill back to the Community Support and Services Committee for scrutiny of the last-minute government amendments.
Debate was ended and a vote was forced.
A procedural vote to end debate and force an immediate decision. Sometimes called a “gag motion”.
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Ayes (48)
Noes (38)
▸Second Reading23 Aug 2023 – 24 Aug 2023View Hansard
▸22 members spoke10 support7 oppose5 mixed
Supported the original child protection bill but strongly opposed the government's 57 pages of last-minute amendments introduced without committee scrutiny. Moved an amendment to refer the bill back to committee. Voted against the bill at third reading.
“Let me be very clear: the LNP opposition supports the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022 in its original form and will vote to support it.”— 2023-08-24View Hansard
As Minister for Police, moved the second reading and outlined the bill's purpose to enhance police powers to monitor child sex offenders' use of technology. Foreshadowed amendments addressing prostitution decriminalisation and other matters.
“For this government, community safety is of paramount importance. It is of particular importance to ensure the utmost protections are in place to protect the innocent and the vulnerable—our children.”— 2023-08-23View Hansard
Criticised the government for overriding its own Human Rights Act through last-minute amendments, particularly the youth justice watch house provisions. Supported the original bill but opposed the amended version.
“Here they are with one of the biggest overrides of the Human Rights Act that we have seen in this place since their own ill-fated legislation came in.”— 2023-08-24View Hansard
Supported the core child protection provisions but expressed outrage at the minister tabling significant amendments with only 17 minutes notice, including decriminalisation of prostitution offences and mining lease changes, with no prior consultation.
“For this minister to come into this place and drop those amendments with no notice, no consultation, no briefing whatsoever is an absolute disgrace!”— 2023-08-23View Hansard
Supported the motion to refer the bill back to committee. Criticised the inclusion of natural resources amendments in a child safety bill, noting the Coordinator-General terms from 2014 and 10-year implementation period showed no urgency.
“I was not down on the list to speak on this bill, but I did not know there would be natural resources amendments in a child safety bill. It defies belief.”— 2023-08-24View Hansard
Supported the child protection measures and strong powers against sex offenders, but criticised the last-minute tabling of significant amendments without committee scrutiny.
“I have no sympathy for these convicted high-risk offenders. We must do everything we can and as often as we can in these debates to never forget the victims.”— 2023-08-23View Hansard
Defended both the bill and the amendments, arguing the amendments address vulnerable elements of the community including decriminalisation of minor offences that disproportionately affect disadvantaged people.
“This bill and the amendments directly address the more vulnerable elements of our community.”— 2023-08-24View Hansard
As chair of the Community Support and Services Committee, supported the bill and outlined the committee's two recommendations including passage and encouraging Commonwealth data-sharing on child sex offenders.
“On this side of the House, we recognise the importance of this bill because we know it will provide the police with the necessary additional detection, investigative and enforcement powers they need to disrupt the efforts of those who target our most vulnerable—our children.”— 2023-08-23View Hansard
Supported the bill, emphasising the threat of child trafficking and exploitation through emerging technology. Cited the eSafety Commissioner's evidence about 800,000 new dark web accounts during COVID for child abuse material.
“The Queensland Police Service tells us that the greatest risk to children throughout our state is child trafficking, child exploitation and grooming offences.”— 2023-08-24View Hansard
Supported the bill, emphasising the need for legislation to keep up with advancing digital technology that creates new avenues for child exploitation.
“While there are many positives associated with the advancement of digital technology, I am very aware that these platforms create a favourable medium for people with bad and evil intentions.”— 2023-08-23View Hansard
Supported the original bill but strongly opposed the amendments and the process of their introduction. Criticised the minister's character and the government's overriding of its own Human Rights Act.
“I want to be crystal clear that I support the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022 as originally presented with no amendments.”— 2023-08-24View Hansard
Supported the child protection provisions but strongly criticised the government for tabling 57 pages of amendments with only 17 minutes notice, circumventing the committee process. Also used his speech to raise youth crime concerns in his electorate.
“If you look at the relative thickness of the bill and its associated greens and the amendments and its associated greens, the amendments are thicker.”— 2023-08-23View Hansard
Supported both the bill and amendments. As a former DV worker, gave a powerful speech defending the watch house amendments by drawing on her experience visiting children in morgues after violent crime, arguing detention is preferable to death.
“Children do not belong in watch houses. The second-last place I ever want to see a child is in a watch house... there is a worse place you can visit a child: in a morgue.”— 2023-08-24View Hansard
Supported the bill, praising the Morcombe Foundation's advocacy and emphasising the bill's role in modernising the child protection framework to address emerging technologies used by offenders.
“This bill seeks to modernise the framework underpinning the existing child protection scheme by enhancing the Child Protection (Offender Reporting and Offender Prohibition Order) Act and the Police Powers and Responsibilities Act.”— 2023-08-23View Hansard
As shadow minister for child protection, supported the original bill but opposed the amendments. Criticised the government for not understanding technology regarding MAC addresses and for the rushed process.
“While the opposition supports the original bill before us—there is no greater priority than protecting our children—we have found some issues with the amendments.”— 2023-08-24View Hansard
Supported the child protection bill but criticised the minister for tabling significant amendments without consultation, particularly those decriminalising prostitution offences and reducing police powers. Noted the bill was tabled without input from the CCC's review.
“For the minister to get up here only half an hour ago and talk about listening and working together and hearing communities and victims but then table a long list of amendments which outweigh the length of this bill just flies in the face of what this minister said.”— 2023-08-23View Hansard
Supported the bill and amendments. As a former police officer, provided detailed explanation of the decriminalisation of public intoxication and its existing parliamentary scrutiny, and defended the watch house provisions.
“What this amendment does is provide an alternative framework for dealing with intoxicated people in public.”— 2023-08-24View Hansard
Supported the child protection provisions but criticised the lack of consultation on the 57 pages of amendments tabled 17 minutes before debate, arguing it circumvented the single-chamber parliament's reliance on committee scrutiny.
“We have one chamber in this parliament. We do not have a Legislative Council like other parliaments in Australia. We rely on our committee system to be robust, and if that committee system is circumvented by government members in this parliament then it turns the whole system into a sham.”— 2023-08-23View Hansard
Supported the original bill's child protection measures but opposed the 57 pages of amendments introduced with no committee scrutiny, calling it a disgraceful abuse of process.
“What I cannot support is the disgraceful abuse of process displayed by the Minister for Police in introducing 57 pages of amendments yesterday.”— 2023-08-24View Hansard
Supported the bill, emphasising the need for police to have enhanced detection and enforcement powers against child sex offenders using anonymising technology.
“These are vile offenders that have evil in their hearts. That is the primary objective of this bill.”— 2023-08-23View Hansard
Supported the bill and amendments in full, particularly the youth justice amendments addressing detention capacity. Argued it would be irresponsible not to have interim contingencies before new detention centres come online in 2026.
“It would be entirely irresponsible not to have any interim contingencies in place for the three years between now and when the new infrastructure becomes available.”— 2023-08-24View Hansard
Supported the child protection bill but strongly opposed the rushed amendments, calling them disrespectful to child safety advocates. Criticised the curtailing of debate time.
“What we have seen with the introduction of all these amendments is an absolute disgrace. They have been rushed in. They have absolutely nothing to do with the overall intent or spirit of the legislation.”— 2023-08-24View Hansard
▸In Detail24 Aug 2023View Hansard
That the amendment be agreed to
LNP amendment moved by Mr Powell to refer the bill and government amendments back to the Community Support and Services Committee for examination, reporting back no later than 6 October 2023. Supported by LNP, Greens, KAP, PHON and Independent; defeated 38-48.
The motion was defeated.
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Ayes (38)
Noes (48)
That the amendment be agreed to
Vote on a government amendment to a motion before the House, likely related to procedural matters given it preceded the substantive bill debate and passed with the government's majority.
The motion passed.
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Ayes (46)
Noes (34)
That the motion, as amended, be agreed to
Vote on the amended motion following the successful amendment, again carried by the government majority.
The motion passed.
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Ayes (46)
Noes (34)
▸Third Reading24 Aug 2023View Hansard
That the bill, as amended, be now read a third time
Final passage vote on the Child Protection bill including the controversial government amendments on youth justice watch houses, prostitution decriminalisation, and mining lease changes. LNP, PHON and Independent voted against in protest at the rushed process, while KAP voted with the government.
The motion passed.
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Ayes (50)
Noes (33)
Assent date: 14 September 2020