Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill amends Queensland's corrective services laws to improve safety for victims of crime, frontline corrective services officers, prisoners, and the wider community. It strengthens the QCS Victims Register, cracks down on prisoners misusing phone systems for domestic violence, extends police powers over dangerous sex offenders on supervision, and reforms the Parole Board to include victim and First Nations representation.
Who it affects
Victims of crime gain better access to information and a voice in parole decisions. Prisoners face tighter controls on phone calls, especially those with domestic violence histories. Corrective services officers gain body-worn camera authority and stronger workplace safety protections.
Key changes
- Victims Register is expanded with simpler registration, broader eligibility for homicide victim families, and more information shared with registered victims
- Prisoners' personal phone calls face stronger controls to prevent domestic violence, threats, and other criminal communication from behind bars, with a guaranteed minimum of seven calls per week
- Parole Board must include at least one victims' representative and at least one First Nations professional member
- Police gain powers to enter premises, photograph items, and inspect digital devices of reportable child sex offenders on post-sentence supervision orders
- New offence of possessing a gel blaster or inoperable firearm on corrective services land, carrying up to two years' imprisonment
- Corrective services officers authorised to use body-worn cameras outside facilities when escorting prisoners or responding to safety risks
- Search requirements for prisoners will move to regulation to better accommodate trans, gender diverse and intersex prisoners
- Queensland can now lawfully detain Norfolk Island prisoners under an intergovernmental agreement with the Commonwealth
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 Feb 2024View Hansard
Referred to Legal Affairs and Safety Committee
The Community Safety and Legal Affairs Committee examined the bill over two months, tabling its report on 12 April 2024. The committee recommended the bill be passed and made three additional recommendations addressing non-written parole applications, safeguards for withholding information from prisoners, and a privacy impact assessment for body-worn cameras. The Queensland Government supported all recommendations, committing to amend the bill during consideration in detail to strengthen recordkeeping and natural justice safeguards.
Key findings (5)
- The committee found the bill's enhancements to the QCS victims register were well-supported, expanding eligibility and improving information sharing for victim safety.
- Concerns were raised about the requirement for parole applications to be in writing, with the committee recommending the government consider allowing non-written applications to improve accessibility for prisoners.
- The committee's majority found that new section 340AA, which allows withholding information from prisoners on safety grounds, needed stronger safeguards including a public interest test and recordkeeping requirements.
- The committee identified the need for a Privacy Impact Assessment before body-worn cameras are used by corrective services officers outside facilities.
- The bill's provisions for accommodating diverse prisoner needs during searches, including for pregnant, breastfeeding, or religious prisoners, were examined as necessary reforms.
Recommendations (4)
- The committee recommends the Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024 be passed.
- The committee recommends the Queensland Government consider allowing for non-written parole applications from prisoners.
- The majority of the committee recommends the Queensland Government consider the merit of amending new section 340AA to: provide for a public interest test in relation to decisions in order to determine whether the impact of disclosure outweighs the right to natural justice; require that decision makers keep a record of reasons, even if they are not required to disclose these reasons to a prisoner; and clarify that the section does not apply to statements of reason under the Judicial Review Act 1991.
- The committee recommends the Queensland Government conduct a Privacy Impact Assessment before implementing provisions relating to the use of body-worn cameras.
Committee report tabled
▸Second Reading21 May 2024View Hansard
▸13 members spoke7 support6 mixed
Introduced the corrective services bill, emphasising community safety, victim support enhancements to the victims register, strengthened powers over prisoner communications, body worn cameras for corrective services officers, and protection of victim and intelligence information in parole decisions.
“I want to be very clear: in a choice between the rights of offenders and the rights of victims, we choose the rights of victims.”— 2024-05-21View Hansard
Stated the LNP would not oppose the bills but raised serious concerns including inadequate consultation periods, the government's ideological approach to gender in search provisions, staff shortages in psychology recruitment, and criticised the seven-year delay in adding a victims' representative to the Parole Board.
“The LNP, as I stated initially, will not be opposing these bills for a simple reason—that is, we support Queenslanders. We support victims of crime. We support the Queenslanders who work as our police officers and in our correctional system.”— 2024-05-21View Hansard
Acknowledged the Allison Baden-Clay Foundation and Queensland Homicide Victims' Support Group for their advocacy on extending parole reapplication periods, and supported the corrective services amendments.
“These amendments are a credit to them and their advocacy and will ensure that many victims into the future will be protected from the retraumatisation associated with constant applications from prisoners.”— 2024-05-21View Hansard
Did not oppose the bills but was highly critical of police resourcing failures, the lack of clarity around 'improper purpose' in search provisions, and argued the legislation lacks operational support. Welcomed the parole reapplication restrictions as consistent with Sian's Law.
“Large sections of this bill prove that the government has wrong priorities and is not listening to Queenslanders about the issues that are of most concern to them.”— 2024-05-21View Hansard
Spoke in support of both bills, outlining the key objectives of each and highlighting the committee's examination of the corrective services bill's victim support provisions and stakeholder consultation.
“While there are many parts to this good reforming legislation, I will conclude my contribution on the debate and recommend to the House that these cognate bills be passed.”— 2024-05-21View Hansard
Supported both bills, highlighting victim safety improvements including streamlined victims register registration, non-written parole submissions, and stronger prisoner communication controls. Drew on personal experience as a former custodial officer to advocate for non-written parole applications.
“This government places victim safety as a very high priority, as is evidenced by such things as the creation of a Victims' Commissioner.”— 2024-05-21View Hansard
Supported victim register improvements and diverse Parole Board representation, but opposed parole reapplication restrictions as likely to worsen overcrowding and reduce community safety. Criticised the new section 340AA for undermining procedural fairness and raised concerns about erosion of search safeguards for women.
“Unfortunately, these bills have little regard for the rights of anyone involved in the criminal legal system.”— 2024-05-21View Hansard
Strongly supported the bill's victims register reforms, drawing on her long history supporting homicide victims. Criticised the LNP's record on victim services, noting they cut DV shelters, victim support group funding and abolished the Queensland Sentencing Advisory Council when in government.
“These reforms have the support of victims agencies, which have impressed on us through the committee process the importance of identifying and reforming those intersections in the justice system that retraumatise victims.”— 2024-05-21View Hansard
Supported the original intent of section 340AA to give the Parole Board broad discretion to withhold information, but strongly criticised the minister's amendments as watering down protections for victims. Used the McQueen case to argue the balancing test puts offenders' rights above victims' rights.
“This minister has come into this chamber and watered down her own laws that are designed to protect victims of crime.”— 2024-05-21View Hansard
Supported the bills, particularly the parole reapplication restrictions which provide victims assurance that another parole application is not imminent. Criticised the LNP for lacking any policy detail on victim support.
“It is absolute hypocrisy for those opposite to lecture this government on support for victims when they have said nothing about what they would do if they get into government.”— 2024-05-21View Hansard
Supported the original intent of section 340AA to protect victims and informants but opposed the minister's amendments introducing a balancing test, arguing it waters down protections and could endanger prison informants.
“The amendment is watering it down. I again say to the minister that the original intent was good because it will protect the rights of victims, it will protect potential information and it will protect potential informants in the prison system itself.”— 2024-05-21View Hansard
Supported both bills, focusing on the police powers bill's provisions for protecting the rights of LGBTIQ+ people during searches and the corrective services bill's victim safety enhancements.
“Ultimately, this bill aims to keep people safe by respecting and protecting the rights of individuals.”— 2024-05-21View Hansard
Raised concerns about the broad police powers expansion, the removal of same-sex search safeguards from primary legislation to regulation, the new section 340AA undermining procedural fairness, and the expanded use of body worn cameras without adequate privacy protections.
“The bill before the House will bypass this important safeguard by removing any need for a public interest assessment to be carried out by the Attorney-General.”— 2024-05-21View Hansard
▸In Detail21 May 2024View Hansard
Amendment 1 to clause 32 inserting new subsections into section 340AA requiring decision-makers to weigh the consequences of disclosure against the unfairness of non-disclosure, and to keep written records of decisions to withhold information.
Amendments 2-3 to clause 34, technical amendments regarding transitional provisions and disregarding non-compliance with the new balancing test requirements.
Amendment 4 to clause 34 inserting new section 490ZJ to validate conditional parole decisions made by the Parole Board on or after 26 May 2017, addressing potential procedural defects in past decisions.
Amendment 5 inserting new clauses 58-60 amending the Queensland Civil and Administrative Tribunal Act 2009 to validate exercises of jurisdiction by supplementary members who did not take the prescribed oath between 1 February 2017 and 15 May 2024.
Amendment 6 to the long title to include the Queensland Civil and Administrative Tribunal Act 2009.
Assent date: 18 June 2024