Police Powers and Responsibilities and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill makes several changes to policing and emergency services law. Its centrepiece is a major expansion of the Police Drug Diversion Program, allowing people caught with small quantities of any dangerous drug to be diverted to health-based programs instead of going to court. It also increases the maximum penalty for drug trafficking to life imprisonment, creates tougher penalties for evading police in aggravated circumstances, and introduces a standalone assault offence for attacks on fire and emergency services workers.
Who it affects
People caught with small quantities of drugs for personal use will benefit from a health-based diversion pathway instead of court proceedings. Drug traffickers and dangerous drivers who evade police face significantly harsher penalties. Fire and emergency services workers gain stronger legal protections.
Expanded drug diversion program
The Police Drug Diversion Program is expanded from cannabis-only to cover all dangerous drugs and certain pharmaceuticals. A new tiered system gives eligible people a warning for a first offence, then offers health-based assessment programs for subsequent offences. For adults, police must offer diversion; for children, it is at the officer's discretion.
- Drug diversion extended from cannabis to all dangerous drugs and S4/S8 medicines
- New tiered system: drug diversion warning for first offence, then assessment programs for repeat minor offences
- Adults must be offered diversion; children may be offered diversion at police discretion
- Drug matter automatically forfeited to the State upon diversion, removing need for forensic analysis
Harsher drug trafficking penalties
The maximum penalty for trafficking in dangerous drugs is increased from 25 years imprisonment to life imprisonment, targeting those who profit from the illicit drug trade.
- Maximum penalty for drug trafficking raised from 25 years to life imprisonment
Aggravated police evasion offence
A new circumstance of aggravation is introduced for evading police, targeting recidivist offenders and those who engage in particularly dangerous conduct while fleeing.
- Maximum penalty increased to 5 years imprisonment and 300 penalty units for aggravated evasion
- Aggravating circumstances include offending at night, using violence or weapons, being in company, damaging property, or having prior convictions for evasion or related offences
- Aggravated evasion classified as a misdemeanour that can be heard summarily or committed to a higher court
Fire and emergency services protections
A standalone assault offence is created for attacks on people performing duties under the Fire and Emergency Services Act. Unlike the existing obstruction offence, no prior warning to the offender is required.
- New standalone assault offence for attacks on fire and emergency services workers (max 100 penalty units or 6 months imprisonment)
- No warning requirement before the assault offence applies
- Assault removed from the definition of obstruction under section 150C
- Fire prohibition notice and fire-lighting permit processes clarified
Police executive appointments
Senior police officers can now be appointed to a rank rather than a specific position, fixing a legal technicality that had constrained workforce management.
- Assistant and Deputy Commissioners can be appointed to rank or to a specific position
- Addresses the Lewis v Commissioner [2021] QSC 169 ruling that required appointment to a specific position
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee21 Feb 2023View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the bill over two months, receiving 15 submissions, holding a public hearing with stakeholders, and conducting a briefing with Queensland Police Service and Queensland Fire and Emergency Services. The committee recommended the bill be passed unanimously, while raising concerns about ensuring the expanded Police Drug Diversion Program is properly implemented through police training and that children suspected of minor drug offences are not treated more harshly than adults. The Queensland Government supported all three of the committee's recommendations.
Key findings (5)
- The bill expands the Police Drug Diversion Program beyond cannabis to include other dangerous drugs, offering diversion as an alternative to prosecution for minor drug offences
- The bill increases the maximum penalty for trafficking in dangerous drugs from 25 years imprisonment to life imprisonment, which raised fundamental legislative principles and human rights considerations
- The committee identified a risk that greater police discretion under the expanded program could result in children being treated more harshly than adults for minor drug offences
- The committee found that an independent evaluation of the expanded program's operation should be conducted and reported to the Legislative Assembly within 24 months
- Fifteen stakeholders made submissions and the committee held public hearings to examine the bill's provisions
Recommendations (3)
- The committee recommends the Police Powers and Responsibilities and Other Legislation Amendment Bill 2023 be passed.
- The committee recommends the Queensland Police Service review their training processes to ensure the amendments to the Police Drug Diversion Program are adequately implemented, including an assessment of whether any changes to current training processes are required to ensure that the greater discretion afforded to police when dealing with children suspected of minor drug offences does not result in them being treated more harshly than if they had been adults.
- The committee recommends that the Queensland Government reports to the Legislative Assembly within 24 months of the Act commencing on its progress regarding the independent evaluation of the Police Drug Diversion Program's operation.
Committee report tabled
▸Second Reading19 Apr 2023View Hansard
▸6 members spoke4 support2 mixed
Spoke in strong support of the expanded police drug diversion program, emphasising it delivers on recommendation 13 of the Mental Health Select Committee report and is backed by Queensland Health, the Queensland Mental Health Commission and the AMAQ.
“Expanding diversion options is also a key priority under Achieving balance: the Queensland alcohol and other drugs plan 2022-2027 which was released last year. An expanded police drug diversion program will divert people away from the criminal justice system for low-level personal drug use to a proportionate health response delivered by specialist alcohol and other drug services.”— 2023-04-20View Hansard
Supported the child sex offender monitoring, hooning, cybercrime, QFES assault, evading police and drug trafficking provisions, but strongly opposed the expanded drug diversion program, arguing it removes the element of deterrence for users and condones the carrying of dangerous drugs like heroin, ice and fentanyl.
“I cannot, and will not, agree to give any ground when it comes to the fight against drugs. I cannot, and will not, agree to reduce options to protect Queenslanders and Queensland communities from the ravages of drugs.”— 2023-04-19View Hansard
Supported both bills, emphasising the importance of restoring longer child sex offender reporting periods and strengthening hooning laws. Criticised the 2014 LNP decision to shorten reporting periods.
“A reporting regime is absolutely essential for community safety and to enable police to properly target repeat offenders and gather necessary intelligence to provide protection to the community.”— 2023-04-19View Hansard
Supported the bills, focusing on the child sex offender reporting periods and the new anti-hooning offences targeting spectators and social media promotion of hooning activities. Also supported the special constables amendment.
“With this legislation the Palaszczuk government is ensuring the reporting obligations of child sex offenders are extended to provide maximum safety and security for the community.”— 2023-04-19View Hansard
Supported child sex offender monitoring measures but strongly opposed the drug diversion expansion, drawing on his experience as a former detective who arrested drug importers and traffickers. Warned the government is raising the white flag on the war against drugs.
“Watering down drug laws and raising the white flag on the war against drugs is not doing better.”— 2023-04-19View Hansard
Supported the bill's expanded drug diversion program, emphasising it was recommended by the Women's Safety and Justice Taskforce led by Hon. Margaret McMurdo to divert women from offending and custody, and is backed by the AMAQ and the Queensland Productivity Commission.
“The evidence clearly demonstrates that providing a health response to this type of offending instead of a criminal justice response is vital to reducing reoffending and has many social, criminogenic and economic benefits.”— 2023-04-19View Hansard
▸In Detail20 Apr 2023View Hansard
Spoke during Consideration in Detail to oppose clause 6 (drug diversion provisions), arguing the Labor Party has gone soft on crime and given up on the war on drugs.
“This is the day the Labor Party has gone soft on crime and soft on drugs. This is the day the Labor Party has given up on the war on drugs.”— 2023-04-20View Hansard
As a former police officer, spoke during Consideration in Detail to strongly oppose the drug diversion amendments, warning that removing deterrents will increase drug supply, reduce costs and lead to more addiction, citing the decline of cities like San Francisco and Vancouver that adopted harm minimisation approaches.
“Take note of this marker in the ground and this date. We can all clearly look back to 17 June 2016 when this government imposed their soft-on-crime agenda and watered down the Youth Justice Act.”— 2023-04-20View Hansard
Assent date: 22 March 2023