Police Powers and Responsibilities and Other Legislation Amendment Bill 2023
Bill Journey
Referred to Legal Affairs and Safety Committee
Plain English Summary
Overview
This bill makes several changes to police and emergency services operations in Queensland. The major reform expands the Police Drug Diversion Program beyond cannabis to cover all dangerous drugs, treating minor drug possession as a health issue rather than a criminal matter. It also increases penalties for serious offences including life imprisonment for drug trafficking and higher penalties for evading police in dangerous circumstances.
Who it affects
People caught with small amounts of drugs now have access to health-based diversion rather than court. Drug traffickers face life imprisonment. Drivers who evade police in aggravated circumstances face up to 5 years jail. Emergency services workers gain stronger assault protections.
Drug Diversion Program Expansion
The Police Drug Diversion Program is expanded from cannabis-only to all dangerous drugs and certain pharmaceuticals. The program takes a health-based approach, diverting people with minor drug possession away from court and into treatment. Adults must be offered diversion for first and second minor drug offences.
- Minor drug offences now include small quantities of any dangerous drug, not just cannabis
- First minor drug offence: police must offer a drug diversion warning (for adults)
- Second offence: police must offer entry to a drug diversion assessment program
- Third offence: police may offer a subsequent diversion program before court action
- Drugs and paraphernalia are automatically forfeited when diversion is accepted
Drug Trafficking Penalties
The maximum penalty for trafficking in dangerous drugs under section 5 of the Drugs Misuse Act is increased from 25 years imprisonment to life imprisonment, reflecting the harm caused by drug distribution.
- Maximum penalty increased from 25 years to life imprisonment
- Targets those who profit from the illicit drug trade
- Brings Queensland closer to penalties in other Australian jurisdictions
Evade Police Aggravated Offence
A new aggravated form of the evade police offence is created with a maximum penalty of 5 years imprisonment (up from 3 years), targeting recidivist offenders and those who pose serious community risk.
- Maximum penalty of 5 years applies if offence occurs at night
- Aggravated penalty applies if driver uses or threatens violence
- Applies if driver is armed or pretends to be armed
- Applies if driver is in company or damages property
- Applies to those with prior convictions for evasion, car theft, or dangerous driving
Emergency Services Assault Offence
A new specific offence is created for assaulting fire and emergency services personnel performing their duties. Unlike the obstruction offence, no warning is required before charging someone with assault.
- New offence for assaulting persons performing functions under the Fire and Emergency Services Act
- Maximum penalty of 100 penalty units or 6 months imprisonment
- No warning requirement before prosecution (unlike obstruction offence)
- Assault removed from definition of obstruction to create separate, clearer offence