Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill updates Queensland's child protection offender registry scheme to address technology-based offending that has become more prevalent since the COVID-19 pandemic. It strengthens police monitoring powers over convicted child sex offenders, particularly their use of digital devices, anonymising software, and online platforms.
Who it affects
Convicted child sex offenders on the registry face significantly tighter monitoring of their digital devices and online activity. Parents and families benefit from stronger protections as police gain better tools to track and disrupt offending behaviour.
Key changes
- Reportable offenders must declare all anonymising software, vault and black hole applications, and the MAC address of every digital device they possess
- Police can enter an offender's residence specifically to inspect digital devices and can require production of every device, not just one
- The list of offences triggering mandatory device inspections is expanded to include child exploitation material and grooming offences, applied retrospectively to current offenders
- At-risk offenders can be required to report any change in their location within 24 hours for stays of 3 or more consecutive days
- A new criminal offence for refusing to produce digital devices for inspection carries up to 5 years imprisonment or 300 penalty units
- Information from the child protection register can now be shared directly with the Department of Home Affairs, Australian Border Force, and Australian Federal Police
- Children's identifying information is removed from data given to offenders who request their register information
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee26 Oct 2022View Hansard
Referred to Community Support and Services Committee
The Community Support and Services Committee examined the bill over three months, receiving 11 submissions and holding a public briefing and public hearing. The committee unanimously recommended the bill be passed, finding that the proposed limitations on reportable offenders' rights were justified by the overriding importance of protecting children's safety. The committee also recommended enhanced cross-jurisdictional data sharing on child sex offenders.
Key findings (5)
- Submitters broadly supported the bill's aim to address the shift from contact offending to online and device-based child sexual offending since the COVID-19 pandemic
- The Daniel Morcombe Foundation and eSafety Commissioner highlighted the significant increase in child exploitation material online and the challenges posed by anonymising software and the dark web
- The Aboriginal and Torres Strait Islander Legal Service raised concerns that prescriptive reporting frameworks may disproportionately affect First Nations peoples and recommended culturally appropriate communication of reporting obligations
- The Queensland Family and Child Commission raised concerns about the application of reporting obligations to young offenders, particularly children in unstable living arrangements or out-of-home care
- The committee found that the bill's limitations on human rights, including privacy and freedom of movement, were reasonable and justified given the paramount importance of protecting children
Recommendations (2)
- The committee recommends the Bill be passed.
- The committee recommends that the Minister for Police and Corrective Services encourage the Commonwealth Government to continue to enhance data sharing arrangements in relation to child sex offenders and to monitor the movements of child sex offenders across jurisdictions.
▸Committee Report3 Feb 2023
Committee report tabled
Vote on a motion
Vote on a procedural motion related to the Speaker's ruling on the same question rule for the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022, likely to suspend Standing Order 87 to allow consideration of clauses 3 and 50.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (51)
Noes (36)
▸Second Reading23 Aug 2023View Hansard
That the amendment be agreed to
Vote on the LNP amendment moved by Mr Powell to refer the bill and government amendments back to the Community Support and Services Committee for full examination, rather than proceeding with debate. Defeated 38-48.
The motion was defeated.
▸Show individual votesHide individual votes
Ayes (38)
Noes (48)
That the amendment be agreed to
Vote on a government amendment to a procedural motion (likely the business program motion), carried by the government majority before the substantive bill debate commenced.
The motion passed.
▸Show individual votesHide individual votes
Ayes (46)
Noes (34)
That the motion, as amended, be agreed to
Vote on the procedural motion as amended, carried by the government majority before the substantive bill debate commenced.
The motion passed.
▸Show individual votesHide individual votes
Ayes (46)
Noes (34)
▸1 procedural vote
Vote to end debate
Government gag motion to end debate on the LNP amendment that sought to refer the bill and all government amendments back to the Community Support and Services Committee for scrutiny, reporting back no earlier than 6 October 2023.
Debate was ended and a vote was forced.
A procedural vote to end debate and force an immediate decision. Sometimes called a “gag motion”.
▸Show individual votesHide individual votes
Ayes (48)
Noes (38)
▸28 members spoke14 support1 oppose13 mixed
Supported the original child protection bill but moved an amendment to refer the bill and government amendments back to committee for proper scrutiny. Strongly opposed the government's 57 pages of last-minute amendments as an abuse of parliamentary process.
“Let me be very clear: the LNP opposition supports the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022 in its original form and will vote to support it.”— 2023-08-24View Hansard
As Minister for Police, introduced the bill and foreshadowed extensive amendments covering child protection reporting, decriminalisation of public intoxication and begging, sex work police powers, youth justice watch house provisions, and Byerwen mine workforce accommodation. Defended all elements as necessary for community safety.
“Every element of this bill and the amendments to be moved during consideration in detail are aimed at delivering a safer community and a better society—the safety of children, the safety of the broader community and evidence-based policing.”— 2023-08-23View Hansard
Spoke against the LNP amendment to refer the bill back to committee, arguing the opposition was hypocritical given the Newman government's record of bypassing committee processes on key bills.
“The LNP bypassed the committee process entirely on key bills, including their antibikie laws that had to be redrafted.”— 2023-08-24View Hansard
Supported the child protection elements of the bill but was outraged that substantial amendments were dropped without notice, consultation or committee scrutiny. Reserved the opposition's position on the bill pending overnight consideration of the amendments. As local member for Glenden, expressed concern about the mining lease transition timeline.
“For this minister to come into this place and drop those amendments with no notice, no consultation, no briefing whatsoever is an absolute disgrace!”— 2023-08-23View Hansard
Supported the original bill but strongly criticised the government's 57 pages of amendments as a 'grab bag of unheralded changes', particularly the override of the Human Rights Act to allow children to be held in watch houses and the lack of committee scrutiny.
“These are significant changes—changes to the criminal law, changes to the Summary Offences Act, changes to the prostitution act, changes to the Youth Justice Act, changes to the Supreme Court of Queensland Act, changes to police banning notices.”— 2023-08-24View Hansard
As Minister for Youth Justice, spoke in support of the youth justice amendments, defending the need to hold young people in watch houses while new detention centres are built, and citing the government's investment in early intervention programs alongside tougher laws.
“We are committed to ensuring that young people charged with a crime should spend the least amount of time possible in a watch house.”— 2023-08-23View Hansard
Supported the motion to refer the bill back to committee and opposed the rushed process. Particularly concerned about Mineral Resources Act amendments relating to Glenden being buried in a child protection bill without proper committee scrutiny.
“I was not down on the list to speak on this bill, but I did not know there would be natural resources amendments in a child safety bill. It defies belief.”— 2023-08-24View Hansard
As deputy chair of the committee that examined public offence decriminalisation, supported the child protection elements but strongly objected to the Summary Offences Act amendments being introduced without committee scrutiny or diversionary services being established first. Argued the decriminalisation would undermine safe night precincts and leave police without direction.
“This will not deal with, in many cases, the underlying problems of poverty, homelessness and entrenched disenfranchisement. That is why we made it clear that we must fix the issues before introducing legislative reforms.”— 2023-08-23View Hansard
As the minister introducing the bill, defended both the original bill and the amendments as necessary, technical or urgent measures. Argued many amendments had already been subject to parliamentary or expert consideration and were justified for urgent legislative action.
“This comprehensive legislative package supports the community. Elements within this legislation support a safer community. Elements within this legislation support a fairer community.”— 2023-08-24View Hansard
As committee chair, supported both the bill and the proposed amendments on decriminalisation of summary offences, arguing they reflect the committee's recommendations and address disproportionate impacts on First Nations people and vulnerable Queenslanders.
“Those of us on this side of the House will always work to ensure security, safety and equitable treatment for our most vulnerable.”— 2023-08-23View Hansard
Supported the original child protection bill but strongly opposed the rushed 57 pages of government amendments, describing the process as a disgrace that demonstrated the chaos and crisis of the Palaszczuk government. Criticised the override of the Human Rights Act.
“They introduced the Human Rights Act as this groundbreaking, world-leading legislation. Now they are just happy to trash it.”— 2023-08-24View Hansard
Condemned the process of introducing major amendments without committee scrutiny. Supported decriminalisation of public offences and removal of sex work police powers in principle, but strongly opposed the youth justice amendments that suspend the Human Rights Act to allow children to be held in watch houses. Called the youth justice provisions disgraceful.
“All of those rights are being stripped away by amendments that the government introduced at the eleventh hour—at 30 seconds to midnight—with no committee scrutiny, with no community consultation.”— 2023-08-23View Hansard
Supported both the original bill and the amendments, defending the decriminalisation of public intoxication and begging as progressive reforms that help vulnerable people. Criticised the LNP's record on monitoring sex offenders.
“On this side of the House we do protect the more vulnerable in our community, and one of the most vulnerable elements of our community is children.”— 2023-08-24View Hansard
Supported the bill's child protection measures and the decriminalisation of public offences, highlighting the disproportionate impact of summary offences on Aboriginal and Torres Strait Islander people and arguing decriminalisation would support better health and welfare responses.
“I firmly believe that decriminalising public offences will also bring to the surface issues around health, mental health, housing and the low socioeconomic background of these people.”— 2023-08-23View Hansard
Supported the bill and amendments, highlighting the need to combat technology-based child exploitation and praising the Glenden mining amendments as a swift government response to protect a regional community.
“Police need to be provided with the power to monitor online activities and inspect digital devices to detect and prevent this predatory criminal behaviour.”— 2023-08-24View Hansard
Criticised the introduction of 57 pages of amendments with no committee scrutiny. Opposed the decriminalisation of public intoxication, begging and urination, and the removal of police move-on powers for prostitution. Focused heavily on youth crime impacts in Goondiwindi, arguing the government's approach fails to protect victims.
“It is very difficult for an opposition—indeed, for a community—to properly assess and express its wishes with respect to the bill and its amendments when we have so little time in which to look at it.”— 2023-08-23View Hansard
Supported the original bill but strongly opposed the rushed amendments, particularly the override of the Human Rights Act allowing children to be held in watch houses without appropriate educational or rehabilitation facilities.
“I want to be crystal clear that I support the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022 as originally presented with no amendments.”— 2023-08-24View Hansard
Supported the bill as modernising the child protection framework, detailing the technical aspects of anonymising software, vault and black hole applications, and the expansion of device inspection powers for police monitoring of reportable offenders.
“Our government and the community's message to child sex offenders is: you are not welcome in Queensland. Do not come here. Do not offend here.”— 2023-08-23View Hansard
Supported the bill and amendments while acknowledging children do not belong in watch houses. Drew on personal experience with victims of violent crime to argue the priority must be community safety, while calling for better long-term solutions.
“No one wants young people in watch houses—not me, not my community, not the legal sector and not the police.”— 2023-08-24View Hansard
Supported the child protection offender reporting amendments in principle but could not support the bill due to the last-minute amendments tabled without consultation. Criticised the government for ignoring the CCC's 23 recommendations and for inadequate police resourcing, noting only 44 officers monitor nearly 4,000 registered child sex offenders.
“Tougher laws are nothing without the ability to enforce them. We must protect our children with real laws that are backed up with real resources. Anything less is a fairytale.”— 2023-08-23View Hansard
Supported the original child protection bill but criticised the amendments as rushed and hypocritical, particularly the formalisation of children being held in watch houses until 2026 and the failure to consider the CCC's recommendations on the child sex offender registry.
“How is it acceptable that we even have to build two new detention centres in this modern state of Queensland?”— 2023-08-24View Hansard
As Minister for Resources, spoke specifically in support of the Mineral Resources Act amendments to secure the future of Glenden by requiring Byerwen mine's workforce to transition to the town over five years, with 30 per cent housed in residential dwellings.
“These amendments seek to secure the long-term future of Glenden, and they will ensure that the residents of Glenden share in the economic and social benefits of a billion dollar resource project in the Isaac region.”— 2023-08-23View Hansard
Supported the bill and amendments, drawing on her policing experience to explain that the decriminalisation of public intoxication and the youth detention amendments simply formalise existing police practice rather than creating new powers.
“We are not increasing the number of juveniles in the watch house; we are just providing the legal basis for the process that is already happening.”— 2023-08-24View Hansard
Passionate about child safety and acknowledged some amendments had merit, but was furious about the lack of committee scrutiny for 57 pages of amendments dropped with 17 minutes notice. Argued this undermined Queensland's unicameral system which relies on committees for legislative scrutiny.
“We have one chamber in this parliament. We do not have a Legislative Council like other parliaments in Australia. We rely on our committee system to be robust, and if that committee system is circumvented by government members in this parliament then it turns the whole system into a sham.”— 2023-08-23View Hansard
Supported the original bill's measures against child sex offenders and advocated for a publicly accessible sex offender register, but opposed the rushed 57 pages of government amendments as a disgraceful abuse of process.
“I support the measures contained in the original bill. Any measures that we can take to stop sex offenders from committing their heinous acts should be implemented and they should be supported.”— 2023-08-24View Hansard
Supported the bill as strengthening police powers to monitor child sex offenders using anonymising technology. Contrasted Labor's record on child protection legislation with the LNP's record of cutting police monitoring of sex offenders when in government.
“These are vile offenders that have evil in their hearts. That is the primary objective of this bill.”— 2023-08-23View Hansard
Strongly supported the bill and all amendments, particularly the youth justice provisions. Argued community safety must take priority and that the amendments simply clarify administrative arrangements for holding young people in watch houses until new detention centres are built.
“There is only one place that serious violent repeat offenders belong, and that is in custody.”— 2023-08-24View Hansard
Supported the child protection offender reporting legislation but was deeply disappointed by the rushed amendments unrelated to the bill's original intent, describing it as disrespectful to child safety advocates.
“I support the child protection offender legislation, but I am so disappointed that these other amendments have been shoved in with no opportunity for us to respond and no real opportunity for public scrutiny.”— 2023-08-24View Hansard
▸In Detail23 Aug 2023 – 24 Aug 2023View Hansard
Commencement clause setting various start dates for the amendments, including retrospective commencement to 23 August 2023 for youth justice watch house provisions.
Amendments to schedule 2 removing MAC address reporting requirements for offenders and refining the digital device and software application disclosure obligations.
Removal of MAC address definition from the dictionary (consequential to amendment 3).
Amendment to the Mental Health Act 2016 to retrospectively validate appointments to the Mental Health Court and any exercise of jurisdiction during a gap period from 14 February to 29 June 2023.
Amendment to the Mineral Resources Act 1989 to legislatively grant a mining lease for the Byerwen mine workers camp and impose conditions requiring progressive accommodation of workers in Glenden, from 10% by March 2025 to 100% by March 2029.
Batch of 23 amendments (Nos 7-29) covering: decriminalisation of public intoxication and begging under the Summary Offences Act; new police detention powers for intoxicated persons; clarification of controlled operations for Task Force Argos; police banning notice service methods; validation of police disciplinary referrals under the Police Service Administration Act; youth justice amendments overriding the Human Rights Act to allow children to be held in watch houses and parts of corrective services facilities until new detention centres are built by December 2026; and validation of the Supreme Court of Queensland Regulation 2012.
Opposed the government amendments, particularly the override of the Human Rights Act to allow children to be detained in watch houses and adult prisons. Described the conduct as the government stooping to a new low and disregarding democracy and vulnerable people.
“I think the government has stooped to a new low this week, in my experience—to sneak in a business program motion that looks innocuous and then drop some of the worst, most gratuitous amendments that we now have no time to debate.”— 2023-08-24View Hansard
▸Third Reading24 Aug 2023View Hansard
That the bill, as amended, be now read a third time
Final passage vote on the Child Protection bill including all 30 government amendments covering youth justice watch house provisions, decriminalisation of public intoxication and begging, Glenden mining lease conditions, Mental Health Act validation, and police discipline referral validation. LNP, PHON and Independent voted against in protest at the rushed process; KAP voted with the government.
The motion passed.
▸Show individual votesHide individual votes
Ayes (50)
Noes (33)
Assent date: 14 September 2020
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards