Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill modernises Queensland's corrective services and youth detention laws to address emerging security threats and improve emergency preparedness. It creates new criminal offences for flying drones over prisons and youth detention centres, authorises x-ray body scanners and surveillance devices, overhauls the emergency declaration framework to cover disasters and pandemics, and strengthens information sharing between corrective services and partner agencies.
Who it affects
Prisoners, young people in detention, correctional staff, visitors to facilities, and families of prisoners are most directly affected. Drone operators near any correctional facility or youth detention centre face new criminal penalties.
Key changes
- Flying a drone at or above a prison or youth detention centre is now a criminal offence, with a maximum penalty of 100 penalty units or 2 years imprisonment
- X-ray body scanners can be used to search prisoners, visitors and staff for contraband, with safeguards on image storage and destruction
- CCTV, body-worn cameras and other surveillance devices receive clear legal authority for use in correctional facilities
- The emergency declaration framework is expanded to cover natural disasters, pandemics and health emergencies, with tiered declaration periods of 3 to 21 days
- Youth detention centres affected by disasters can be temporarily relocated, with mandatory notification of oversight bodies and consideration of children's human rights
- Prisoner security classifications are simplified from three levels (maximum, high, low) to two (high and low), with new risk sub-categories
- Corrective services staff can proactively share prisoner health information with health practitioners and share intelligence with law enforcement agencies
- Prisoners accessing restricted areas such as rooftops face a new offence carrying up to 2 years imprisonment
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee29 Nov 2022View Hansard
Referred to Legal Affairs and Safety Committee
The Education, Employment and Training Committee examined the bill and recommended it be passed, while seeking clarification from the Minister on three matters: the appropriateness of the emergency declaration threshold, whether electronic surveillance footage could be used for staff disciplinary proceedings, and information sharing processes with foreign corrective agencies. The Queensland Government noted all four recommendations and provided detailed responses confirming the safeguards built into the bill.
Key findings (5)
- The committee found the bill addressed legislative gaps exposed by recent emergencies including bushfires, floods and the COVID-19 pandemic in corrective services facilities and youth detention centres.
- Submitters raised concerns that emergency powers could be used to isolate prisoners in ways that breach human rights, particularly through prolonged solitary confinement.
- The committee examined the introduction of body scanning technology as a less invasive alternative to strip searches for detecting contraband.
- Concerns were raised about information sharing with foreign corrective agencies, particularly the risk of disclosing sensitive personal information to countries that criminalise homosexuality or certain religions.
- The Government confirmed that surveillance footage would not be used for performance management, though recordings could be accessed retrospectively following allegations of corruption or misconduct.
Recommendations (4)
- The committee recommends that the Bill be passed.
- The committee recommends that the Minister for Police and Corrective Services and Minister for Fire and Emergency Services confirm that the threshold for making an emergency declaration under proposed s 271B(1) of the Corrective Services Act 2006 is appropriate.
- The committee recommends that the Minister for Police and Corrective Services and Minister for Fire and Emergency Services clarify whether the Bill would permit recorded electronic surveillance, authorised for another purpose, to be used for performance management or in disciplinary proceedings involving staff.
- The committee recommends that the Minister for Police and Corrective Services and Minister for Fire and Emergency Services clarify the information sharing processes with foreign corrective agencies.
Committee report tabled
▸Second Reading23 May 2023View Hansard
▸10 members spoke7 support3 mixed
As Minister for Police and Corrective Services, moved the second reading and commended the bill as delivering enhanced safety and security in the custodial environment through new technologies, drone offences, emergency powers, and body scanning.
“I am very proud to say that this bill delivers a suite of amendments to ensure the continued and enhanced safety and security of the custodial environment while responding to emerging threats and technology.”— 2023-05-23View Hansard
Stated the opposition would not oppose the bill but raised significant concerns about the government's failure to act in a timely manner on staff safety, the ambiguity of drone exclusion zones, the slow rollout of body scanners, and the removal of maximum security classification.
“While the opposition will not be opposing this bill, there are several issues that I would ask the minister to clarify during consideration in detail.”— 2023-05-23View Hansard
As committee chair, supported the bill and outlined the committee's examination process, noting the committee was satisfied the bill met its policy objectives and recommended it be passed.
“The committee was satisfied that the bill met those policy objectives, and our first recommendation was that the bill be passed.”— 2023-05-23View Hansard
Criticised the government for failing to impose effective penalties for assaults on corrective services officers, noting no maximum penalties had been imposed despite being doubled. Called the bill a missed opportunity but did not oppose it.
“I stand by 100 per cent the comments that the member for Theodore and I made in relation to this being a missed opportunity to ensure there are tougher, effective penalties for inmates who assault corrective services officers.”— 2023-05-23View Hansard
Supported the bill, highlighting the new drone and rooftop offences. Referenced the 2021 riots at Capricornia Correctional Centre and praised corrective services staff.
“I would again like to put on record my thanks to all corrective services staff who were involved in that riot for keeping our community safe and bringing the riot under control without serious injuries.”— 2023-05-23View Hansard
Supported the bill as providing sensible changes to modernise corrective services, emphasising workplace health and safety for staff and the benefits of less invasive body scanners over strip searches.
“This bill provides sensible changes to assist our corrective services facilities to modernise and keep up with technological advancements.”— 2023-05-23View Hansard
Stated the KAP supports the legislation. Supported drone offences, body scanning, and rooftop access offences. Sought to extend the rooftop offence to youth detention centres through an amendment that was ultimately denied leave.
“At the outset I want to say that the KAP supports the legislation. Anything we can do to make it easier for our corrective services staff and people working within our facilities to do their job, which is one of the toughest roles in this state, is something that the KAP will always support.”— 2023-05-23View Hansard
As Minister for Youth Justice, supported the bill and outlined the emergency framework provisions for youth detention centres, including temporary relocation powers and staffing arrangements during disasters.
“These events have highlighted the need for legislation which provides for the broadest possible range of options to deal with emergency situations that present real risks to the health, wellbeing and safety of detainees, staff and visitors to youth detention centres.”— 2023-05-23View Hansard
Supported the bill and praised corrective services staff. Argued strongly against the KAP amendment to extend rooftop offences to youth detention, citing the cognitive differences between adults and minors.
“To suggest that a minor in a detention centre could face up to a year imprisonment if they enter a restricted area is fundamentally refusing to accept the difference in cognitive ability in a developing brain.”— 2023-05-23View Hansard
Raised concerns about the drone provisions being insufficient to prevent surveillance from adjacent properties and noted the doubling of assault penalties had not resulted in any maximum sentences being imposed.
“Since 2020-21 and 2021-22, still 11 serious assaults were perpetrated against correctional service staff. It was not a deterrent.”— 2023-05-23View Hansard
▸In Detail23 May 2023View Hansard
Amendment to extend the restricted area (rooftop access) offence from adult corrective services facilities to youth detention centres, with a maximum penalty of 12 months imprisonment, modelled on Western Australian provisions.
Vote to grant leave
Vote on whether to grant KAP member Mr Dametto leave to move an amendment outside the long title of the bill that would have extended the rooftop access offence to youth detention centres with a maximum penalty of 12 months imprisonment. Leave was denied, with LNP, Greens, KAP and PHON voting in favour and ALP voting against.
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
▸Show individual votesHide individual votes
Ayes (36)
Noes (48)
Assent date: 9 September 2021