Inspector of Detention Services Bill 2021
Plain English Summary
Overview
This bill creates an independent Inspector of Detention Services to oversee Queensland's prisons, youth detention centres, police watch-houses, work camps and community corrections centres. The Inspector's job is to prevent harm by regularly inspecting detention facilities and reporting publicly to Parliament on conditions and treatment of detainees. The role is held by the Queensland Ombudsman but operates independently with dedicated staff and resources.
Who it affects
People held in any form of detention in Queensland will have an independent watchdog checking their treatment and conditions. Prison and detention staff must cooperate with inspections but receive protections for information they provide.
Key changes
- An independent Inspector of Detention Services is created as an officer of Parliament, not subject to government direction
- Youth detention centres must be inspected at least once every year, and high-security prisons at least once every five years
- The Inspector can enter any detention facility at any time without notice, speak privately to detainees, and access any documents including health records
- People who provide information to the Inspector are protected from reprisals, with penalties of up to 100 penalty units for those who retaliate
- The Inspector must arrange for Aboriginal and Torres Strait Islander representatives when inspections involve First Nations detainees, and child trauma experts for youth detention inspections
- If the Inspector finds serious risks of harm or torture, they must issue a show cause notice and can refer the matter directly to the responsible Minister
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee28 Oct 2021View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the Inspector of Detention Services Bill 2021 over three months, receiving 20 submissions and holding a public hearing. All submitters supported establishing an Inspector, though many raised concerns about the dual appointment model (giving the role to the Ombudsman rather than creating a standalone body), the narrow scope of places covered, and the five-year inspection cycle for secure prisons. The committee unanimously recommended the Bill be passed.
Key findings (5)
- All 20 submitters supported establishing an independent Inspector of Detention Services in Queensland, fulfilling recommendations from multiple reviews including the Sofronoff Inquiry into the parole system and Taskforce Flaxton into prison corruption
- Many stakeholders argued the dual appointment model, where the Ombudsman also serves as Inspector, risked inadequate resourcing and pointed to Tasmania's experience where the Ombudsman could only dedicate ten per cent of time to inspector duties
- Stakeholders raised concerns that the definitions of 'detention service' and 'place of detention' were too narrow, excluding mental health facilities, the journey from arrest to watch-house, and aged care facilities where people may be deprived of liberty
- Multiple submitters argued the five-year mandatory inspection cycle for secure prisons was insufficient, recommending a two-to-three-year cycle consistent with Western Australia, Tasmania and the ACT
- Several stakeholders urged that the Bill explicitly reference and comply with OPCAT (the Optional Protocol to the Convention against Torture), noting the Bill would likely serve as Queensland's National Preventive Mechanism but did not acknowledge this
Recommendations (1)
- The committee recommends the Inspector of Detention Services Bill 2021 be passed.
Committee report tabled
▸Second Reading26 May 2022View Hansard
That the amendment be agreed to
Vote on an amendment to the estimates hearings schedule motion moved by the Leader of the House. This division was not related to the Inspector of Detention Services Bill.
The motion passed.
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Ayes (48)
Noes (34)
Vote on a motion
Vote on the estimates hearings schedule motion moved by the Leader of the House, not related to the Inspector of Detention Services Bill. The LNP opposed the motion over concerns about the estimates process.
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.
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Ayes (48)
Noes (32)
That the motion, as amended, be agreed to
Vote on the estimates hearings schedule motion as amended. The LNP, Greens and Independent member for Noosa opposed the motion over concerns about limited scrutiny time and the process bypassing the committee system. Not related to the Inspector of Detention Services Bill.
The motion passed.
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Ayes (48)
Noes (34)
▸25 members spoke19 support6 mixed
Supported the bill as the member with corrections facilities in her electorate, emphasising the importance of independent oversight for prisoner rehabilitation and the relationship between custodial officers and detainees.
“The experience of the prisoners is a key part of the many factors that determine whether a prisoner who has served their sentence will reoffend. For this reason, if for no other, each and every Queenslander is indirectly and directly invested in the treatment of our prison population.”— 2022-08-30View Hansard
Supported the bill as committee chair, outlining the committee's examination of stakeholder concerns about the inspector's appointment model, resourcing, and scope of detention services definitions.
“All of the submissions received indicated support for the establishment of an inspector in Queensland; however, a number of submitters—as is to be expected from stakeholders with diverse interests—did raise concerns about the appointment model proposed under the bill and the resourcing of the inspector.”— 2022-06-22View Hansard
As the minister responsible, moved the second reading and outlined the bill's purpose to establish independent oversight of detention facilities, confirming $9.38 million in funding over four years and 16 additional staff for the Ombudsman's office.
“The Palaszczuk government is committed to protecting the human rights of all Queenslanders, including those in detention. That is why this bill is aimed at promoting and upholding the humane treatment and conditions of detainees and preventing harm to detainees.”— 2022-05-26View Hansard
Supported the bill but raised significant concerns about the dual appointment model with the Ombudsman risking inadequate resourcing, the unduly narrow definition of places of detention excluding mental health facilities, the five-year inspection cycle being too infrequent, and the lack of a clear complaints mechanism for detainees.
“I reiterate that the Greens will support this bill because a new Inspector of Detention Services is certainly better than none at all.”— 2022-08-30View Hansard
Stated the LNP would not oppose the bill but raised significant concerns about the minimum five-year inspection cycle being too low, the dual appointment model with the Ombudsman, and the government's failure to protect corrective services staff from assaults.
“The average term of imprisonment in Queensland is 3½ years. This means there are a significant number of detainees and inmates who will never see an inspector come through the facility during their term of detention.”— 2022-06-22View Hansard
Supported the bill while noting that most submitters preferred a standalone inspectorate rather than the dual Ombudsman model. Acknowledged the additional funding addresses key concerns but flagged the need to monitor the model's effectiveness.
“As it was when that obscure country squire John Howard in the 18th century started his review of prisons, inspection, openness and transparency are the way that we will see humane conditions in our prisons and in our prison system.”— 2022-05-26View Hansard
Supported the bill, highlighting the training and rehabilitation programs at Borallon prison in his electorate and arguing that greater scrutiny of detention facilities is a step in the right direction.
“Any bill that brings greater scrutiny to the operation of places of detention is a step forward in the right direction because it directly and indirectly highlights the work of the facility.”— 2022-08-30View Hansard
Supported the bill as a former custodial corrections officer, praising the professionalism of Queensland's custodial officers and clarifying that detention practices in Queensland do not amount to torture.
“No prisoner in Queensland is subject to torture or cruel or degrading conditions. When, for example, a prisoner is placed in restraints, handcuffs or spit hoods, it can look very daunting to the untrained or the unfamiliar. But make no mistake, a prisoner is invariably restrained in this way to prevent them doing harm to others.”— 2022-06-22View Hansard
Spoke in support of the bill, emphasising its role in establishing independent oversight to promote humane treatment of detainees and implementing recommendations from multiple criminal justice system reviews.
“This bill gives effect to the Queensland government's commitment to establish an independent inspectorate to promote and uphold the humane treatment and conditions of people detained in prisons, community corrections centres, work camps, youth detention centres and police watch houses.”— 2022-05-26View Hansard
Welcomed transparency in detention centres but argued the bill focused too much on international obligations and detainee welfare at the expense of detention centre workers who face verbal abuse and assault, particularly from juveniles.
“Although we would like to see more transparency, we would also like to see further transparency on how these detention centres are run from the perspective of those actually tasked with the job of running them.”— 2022-08-30View Hansard
Supported the bill's establishment of an independent inspectorate but stressed the need for adequate resourcing, a stand-alone office, and monitoring of aspects like overcrowding and transitional housing for released prisoners.
“It is now to up to government to ensure adequate resourcing to support the inspector and ensure that it does not become ultimately an annexure of the Queensland Ombudsman's office and budget.”— 2022-06-22View Hansard
Supported the bill as a former union organiser who worked with custodial officers in privatised detention centres, praising the government for returning all prisons to public ownership and establishing independent oversight.
“No-one wins through a privatised detention system, and I am so proud to be part of a government that has eradicated them.”— 2022-08-30View Hansard
Supported the bill as part of the broader government response to multiple reviews including Taskforce Flaxton and the Royal Commission into Institutional Responses to Child Sexual Abuse, emphasising the inspector's broad powers and independent mandate.
“This bill continues to demonstrate the government's commitment to human rights and will ensure that the oversight, accountability and transparency of our places of detention and the treatment of detainees are strengthened.”— 2022-06-22View Hansard
Supported the bill, noting the significance of the Attorney-General rather than the Corrections Minister bringing the bill as recognition of the independent oversight at its core, and praising the Queensland Ombudsman as well suited to the role.
“I give credit to the Queensland Ombudsman, currently Anthony Reilly, who is a well-respected senior public servant and long-term manager of independent units within government.”— 2022-08-30View Hansard
Supported the bill as Minister for Seniors and Disability Services and Aboriginal and Torres Strait Islander Partnerships, highlighting its safeguards for Aboriginal and Torres Strait Islander detainees and detainees with disability.
“Aboriginal and Torres Strait Islander people and people with disability are both over-represented in the criminal justice and juvenile justice systems. When faced with detention, they often are in a more vulnerable position than non-Indigenous detainees and those living without disability.”— 2022-06-22View Hansard
Supported the bill as another good reform by the Palaszczuk government, drawing on his experience as a nurse caring for prisoners and arguing the bill would facilitate greater transparency, accountability and humane treatment.
“I know how important it is that when we interfere with people's liberty and when we detain people, we put in place the maximum number of safeguards for these people.”— 2022-08-30View Hansard
Supported the bill, emphasising the preventive focus of the inspector role and the importance of maintaining humanity for detainees while ensuring safety for custodial officers.
“Indeed, whilst those detained may well have lost their liberty, it is important to ensure that those detained do not lose their important sense of humanity. That is why the mandate for the inspector will be of a preventive, proactive and independent nature.”— 2022-06-22View Hansard
Supported the bill as establishing a single body of external oversight for places of detention with a focus on harm prevention, cultural competency requirements and transparent reporting to parliament.
“This bill demonstrates the Palaszczuk government's dedication to human rights. It will ensure oversight, accountability and transparency in our places of detention.”— 2022-08-30View Hansard
As shadow minister for corrective services, argued the bill falls short by not including health and safety of workers in detention facilities. Highlighted serious assaults on corrections officers and criticised the government for failing to protect frontline staff.
“Without the inclusion of the health and safety of workers in prisons, youth detention centres and other places of detention, this bill falls a long way short of the mark.”— 2022-06-22View Hansard
Delivered the minister's reply, confirming $9.388 million in funding over four years for the inspectorate, addressing concerns about dual appointment, inspection frequency, OPCAT compliance, and cultural competency requirements.
“This bill will deliver significant benefits to Queenslanders through independent oversight for places of detention and detention services and recommended improvements in custodial environments in Queensland.”— 2022-08-30View Hansard
Supported the bill as delivering on the government's commitment to establish an independent inspectorate, outlining the inspector's broad powers and the bill's alignment with international and national models.
“International and Australian law recognise that all people in detention or imprisonment should be treated in a humane way. Due to the closed nature of custodial institutions and the power imbalance inherent in the custodial environment, the potential for abuse and ill-treatment is unfortunately always present.”— 2022-06-22View Hansard
Supported the bill, acknowledging custodial corrections officers at Capricornia Correctional Centre and arguing for the link between quality prison environments, rehabilitation and reduced recidivism.
“All of the evidence shows that by providing safe prisons with a focus on quality rehabilitation and reintegration we can reduce recidivism and in turn reduce the impact of crime on our communities and the cost to taxpayers.”— 2022-06-22View Hansard
Welcomed the independent inspectorate framework but cautioned the government needs to implement it correctly, noting concerns about the over-representation of Indigenous people in detention and the need for the inspector to be a two-way street requiring detainees to reciprocate respect.
“The LNP welcomes any bill that will provide a framework for the independent and transparent reporting of inspections and reviews of detention services. The opposition agrees that we do not need another level of bureaucracy that achieves nothing.”— 2022-06-22View Hansard
As Minister for Police and Corrective Services, supported the bill as enhancing oversight to improve safety for staff, visitors and detainees, and outlined the government's investment in custodial officer training, equipment and a new 1,500-bed facility at Gatton.
“The theory is that if we enhance oversight then we enhance the operating environment which then enhances safety—safety for staff, safety for visitors and safety for those who are in the care of the agencies that are responsible for detaining people from time to time.”— 2022-06-22View Hansard
Acknowledged custodial officers and supported the concept of the bill but was highly critical of the government's track record on detention services, including scrapping prison expansion plans, overcrowding, and riots in correctional centres.
“It was the Palaszczuk Labor government that scrapped expansion plans for our correctional centres. We heard the minister just talking about the expansion that is occurring as we speak. That was actually slated to start seven years ago.”— 2022-06-22View Hansard
▸In Detail30 Aug 2022View Hansard
That the amendment be agreed to
The motion was defeated.
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Ayes (30)
Noes (51)
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