Police Powers and Responsibilities and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill updates search and forensic procedure safeguards across Queensland law to recognise gender diversity, following the passage of the Births, Deaths and Marriages Registration Act 2023. It replaces sex-based requirements with gender-responsive ones, giving people being searched the right to express a gender preference. The bill also restricts how often prisoners can reapply for parole after refusal, expands who can assess at-risk prisoners, and clarifies planning rules for corrective services facilities.
Who it affects
Trans and gender diverse people gain explicit protections during police and health facility searches. Victims of crime benefit from fewer repeated parole hearings, and prisoners at risk of self-harm may receive faster assessments.
Gender-responsive search safeguards
Replaces old same-sex search rules with new gender-based safeguards across police, anti-corruption, mental health, and public health legislation. People being searched must be asked about their gender preference for the searcher, and that preference must be accommodated where practicable.
- People being searched by police or in health facilities must be given a chance to express a gender preference for their searcher
- Preferences must be accommodated unless impracticable or made for an improper purpose
- Searches can be split between different officers for the upper body, lower body, or head to accommodate preferences
- Video camera monitors must now be turned off during all searches, removing the previous exception for same-sex officers
Forensic procedures and offender photography
Updates forensic procedure and reportable offender photography rules to remove sex-specific language and extend safeguards to all genders. Photography of breasts is reclassified from an intimate to a non-intimate forensic procedure.
- Breast photography safeguards extended to people of all genders, not just females
- Photography of breasts reclassified as a non-intimate forensic procedure
- Reportable offenders of any gender can be required to expose breasts for identification photos, with new gender preference safeguards
- Same-sex requirement for forensic nurse examiners removed
Parole reapplication restrictions
Gives the Parole Board broader power to limit how soon a prisoner can reapply for parole after being refused, reducing repeated trauma for victims.
- Life sentence prisoners can be restricted from reapplying for up to 5 years
- Prisoners serving 10 years or more can be restricted for up to 3 years
- All other prisoners can be restricted for up to 1 year
- Board must consider the nature and seriousness of offences and may consider the impact on victims
Prisoner safety and corrective services
Expands who can assess prisoners at risk of self-harm beyond doctors and psychologists, and clarifies that corrective services infrastructure on prescribed land is accepted development.
- Social workers, occupational therapists, nurses, and speech pathologists can now assess prisoners at risk of self-harm for safety orders
- Corrective services infrastructure (such as the QCS Academy) on prescribed land classified as accepted development under planning law
- Previous development on these sites validated retrospectively
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee21 Mar 2024View Hansard
Referred to Community Safety and Legal Affairs Committee
The Community Support and Services Committee examined the bill over seven weeks, receiving 13 submissions and holding public hearings. The committee recommended the bill be passed, while also making three additional recommendations focused on police training for LGBTIQA+ diversity, clarification of when gender preferences for searches may not be accommodated, and recruitment of psychologists for corrective services. The Queensland Government supported or noted all four recommendations.
Key findings (5)
- Several stakeholders raised concerns about whether the proposed search amendments would adequately protect the dignity of persons being searched, particularly during unclothed searches, and suggested less intrusive alternatives such as full body scanners.
- The committee identified a need for Queensland Police Service training focused on diversity and the intersection of LGBTIQA+ individuals with the criminal justice system.
- Stakeholders sought clarification on the circumstances in which it would not be 'reasonably practicable' to accommodate a person's gender preference during a search, with the government agreeing to move amendments during consideration in detail.
- The Aboriginal and Torres Strait Islander Legal Service raised concerns about recruitment difficulties for qualified psychologists in Queensland Corrective Services.
- The bill also proposed removing unnecessary gendered language across several statutes, which stakeholders did not oppose.
Recommendations (4)
- The committee recommends the Police Powers and Responsibilities and Other Legislation Amendment Bill 2024 be passed.
- The committee recommends the Queensland Police Service conducts appropriate training of officers and support staff that focuses on diversity and intersection of LGBTIQA+ individuals encountering the criminal justice system as part of the implementation of the reforms proposed in the Bill.
- The committee recommends that the Minister for Police and Community Safety provide further clarification of the circumstances in which it is not 'reasonably practicable' to accommodate a gender preference.
- The committee encourages Queensland Corrective Services to address the current difficulties to recruit qualified psychologists with a proactive recruitment campaign.
Committee report tabled
▸Second Reading21 May 2024View Hansard
▸10 members spoke6 support4 mixed
Introduced the police powers bill as part of the cognate debate, highlighting amendments to ensure trans and gender diverse people receive equal protections, enabling police scanning powers, and enlivening police powers for reportable child sex offenders under the DPSO Act.
“This is a bill that aims to keep the community safe and prioritise 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
Spoke in support as the Minister for Police, emphasising the bill modernises search safeguards for trans and gender diverse Queenslanders while retaining the same-gender starting point, and foreshadowed amendments to clarify 'reasonably practicable' and 'improper purpose'.
“The Miles government is proud to present a bill which supports the delivery of safe, fair and inclusive policing services that are accessible to all Queenslanders.”— 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
Focused on the police powers bill, noting the legislation was introduced with respect and dignity as its focus but raised concerns about the undefined 'improper purpose' term and called for appropriate police resourcing. Welcomed amendments to parole reapplication periods.
“The proposed legislation is introduced, I believe, with respect and dignity as its focus.”— 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
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 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
▸In Detail21 May 2024View Hansard
Amendments 1-7 to clauses 6, 22, 36, 37, 40, 42 and 46 inserting explanatory notes clarifying that 'improper purpose' includes lewd or offensive purposes and attempts to frustrate the process, and that it is expected to be reasonably practicable to accommodate a genuine preference for a man or a woman.
Assent date: 4 December 2023