Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016
Plain English Summary
Overview
This bill re-establishes the Queensland Sentencing Advisory Council, an independent body that advises on sentencing, researches how sentences are set, and seeks community views. The council had been created in 2010 and dissolved in 2012; this bill brings it back in permanent legislation.
Who it affects
Queenslanders interested in criminal sentencing get a new avenue to have their views heard and to access independent research. The council will have up to 12 members, with at least one Aboriginal or Torres Strait Islander member required.
Key changes
- Creates the Queensland Sentencing Advisory Council in the Penalties and Sentences Act 1992
- Council can advise the Attorney-General on sentencing, give the Court of Appeal written views on guideline judgments, and publish research
- Up to 12 members appointed for terms of up to 3 years, with at least one Aboriginal person or Torres Strait Islander
- Council must seek community views on sentencing and report to Parliament each financial year
- Removes the 2012 provision that dissolved the former sentencing advisory council
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Mar 2016View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016 and made two technical amendment recommendations. The committee recommended replacing the word 'suffering' with appropriate terminology in the council membership provisions, and inserting the word 'present' to clarify meeting quorum procedures. The Queensland Government accepted both recommendations and moved amendments during consideration in detail.
Key findings (4)
- The bill establishes the Queensland Sentencing Advisory Council (QSAC) to provide independent research-based sentencing advice and obtain community views on sentencing matters.
- The committee identified that the word 'suffering' in proposed section 201(3)(d) was inappropriate terminology and should be replaced.
- Queensland Advocacy Incorporated raised concerns about excluding people convicted of indictable offences from QSAC membership, arguing their experience is relevant to the council's community consultation functions.
- Government members separately supported an amendment to require at least one woman be appointed to the QSAC.
Recommendations (2)
- The committee recommends that the bill be amended to delete the word 'suffering' in proposed section 201(3)(d) of the Penalties and Sentences Act and to replace it with appropriate terminology.
- The committee recommends that the bill be amended to insert the word 'present' in proposed section 203F(3) of the Penalties and Sentences Act, such that the section reads: 'If neither the chairperson nor deputy chairperson is present at a meeting, a member of the council chosen by the members present presides.'
Committee report tabled
▸Second Reading24 May 2016View Hansard
Vote on a motion
Procedural vote on a motion unrelated to the bill debate, occurring during the evening session (possibly the private member's motion debated at 6 pm).
The motion was rejected.
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 (39)
Noes (41)
▸16 members spoke6 support10 oppose
In reply, defended the council's record including two completed terms of reference, specialist research and sentencing fact sheets, and argued the $1.8 million cost was justified for an independent body the public could trust.
“I can guarantee that if it were the Department of Justice and Attorney-General that was putting this information out about sentencing and those on the other side did not like what was being reported, the first thing they would say is that it is biased; it is coming from within a department; it is not independent.”— 2016-05-24View Hansard
As committee chair, supported the bill and both committee recommendations, emphasising the importance of broad-based community representation on the council including Aboriginal and Torres Strait Islander members and women.
“When this bill is passed, we will be the fifth state providing the government and the wider community with a valuable and independent resource that has unique and dedicated functions specific to sentencing matters.”— 2016-05-24View Hansard
Focused primarily on opposing the late amendment deferring criminal organisation licensing provisions, arguing the government was going soft on organised crime and rolling out the red carpet to criminal motorcycle gangs.
“If there was any further evidence that we on this side of the House needed about this Labor government going soft on crime, I cannot think of a better example.”— 2016-05-24View Hansard
Supported the bill as restoring a valuable resource dissolved by the previous government, arguing the council's community education role would address widespread misunderstanding about the judiciary and sentencing.
“The council's role is not to be a headline-grabbing stunt but to actually do the hard work that is required to reduce crime rates and address the causes of crime in the community.”— 2016-05-24View Hansard
Opposed the bill as a waste of $1.8 million given the previous council was never used by the Court of Appeal, and strongly opposed the amendment deferring criminal organisation licensing provisions, arguing the government was rolling out the red carpet to organised crime.
“When the model this is based on has been hardly ever used and the previous iteration of this exact same body was not used in a two-year period before its abolition, one really must wonder why we are wasting not only our time but also the $1.8 million, which I think could be used in a much better way.”— 2016-05-24View Hansard
Supported the bill as restoring a valuable independent body with community engagement functions, highlighting its potential role in tracking changing community attitudes towards domestic violence sentencing.
“One of the key outcomes that I see arising from this council is that we can actually increase community awareness of, a respect for and a faith in not only sentencing but the criminal justice system.”— 2016-05-24View Hansard
Opposed the bill as another bureaucracy that adds no value, arguing the $1.8 million could be better spent on community legal centres like Robina or additional police for the northern Gold Coast.
“While the LNP supports evidence based policymaking, the creation of another bureaucracy that adds no value and offers no additional research or support outside existing agencies is simply not warranted.”— 2016-05-24View Hansard
Opposed the bill as creating a bureaucracy that achieved nothing during its previous existence, arguing it was driven by petty political pride and jobs for Labor supporters, and criticised the amendment deferring criminal organisation licensing provisions.
“Between 2010 and 2012 the QSAC did not provide any advice to the Court of Appeal in terms of guideline judgements. That is $1.8 million per annum for no advice for two years.”— 2016-05-24View Hansard
Opposed the bill as failing to demonstrate value for its $1.8 million annual cost, arguing the council's composition needed broader professional expertise and that the funds would be better applied to front-line services.
“Unfortunately, I believe that the proposed implementation of this body in Queensland will result in wasted public funds which might be better applied elsewhere in front-line services including via Legal Aid or community legal centres.”— 2016-05-24View Hansard
Opposed the bill as an unnecessary $1.8 million expenditure on a rehashed idea that produced little in its previous existence, arguing sentencing policy should better reflect community expectations rather than educating the public.
“If this Palaszczuk Labor government is serious about stimulating balanced public debate about sentencing issues, it could start by listening to the public about VLAD laws.”— 2016-05-24View Hansard
Supported the bill, challenging opposition claims the previous council achieved nothing by citing its published report on minimum standard non-parole periods, and arguing the council's educative function was vital to countering public misperceptions about sentencing.
“The role of the Sentencing Advisory Council is not only to feed community feedback into the process of sentencing but also to provide that important educative function—to ensure that our communities are aware of sentencing processes.”— 2016-05-24View Hansard
Opposed the bill as re-establishing an unnecessary bureaucracy that duplicates existing departmental functions, and opposed the amendment deferring criminal organisation licensing provisions, citing Taskforce Maxima raids in her electorate.
“Let me be clear: this is another Labor government re-establishing another Labor bureaucracy for no good reason.”— 2016-05-24View Hansard
Opposed the bill as a $1.8 million waste that achieved nothing, calculating the single report found by the member for Morayfield cost $13,845 per page, and opposed the amendment as allowing criminals in licensed occupations.
“Let us keep this simple: this is a waste of $1.8 million and that is why we oppose the bill.”— 2016-05-24View Hansard
As a committee member, opposed the bill as achieving nothing, noting the previous council was never asked to perform its primary function and similar bodies in Victoria were used only once in four years.
“When this bill came to the committee, I immediately thought of Jack Thompson. A few years back Jack Thompson appeared in an ad the slogan of which was 'the drink to have when you're not having a drink'. Therefore, I refer to this bill as the Clayton's bill, because it is a bill that will do nothing.”— 2016-05-24View Hansard
Opposed the bill while acknowledging the concept was not inherently bad, arguing the council's functions could be achieved more efficiently through the Department of Justice and the parliament itself, and questioning the value for money of $1.8 million annually.
“Everything that is sought to be achieved by the Sentencing Advisory Council, with its $1.8 million annual budget, could be achieved by the Department of Justice and Attorney-General, with assistance from us, the members of the Queensland parliament.”— 2016-05-24View Hansard
Supported the bill and foreshadowed an amendment for greater Indigenous representation on the council, citing the stark overrepresentation of Indigenous people who make up 3.6 per cent of Queensland's population but almost one-third of the prison population.
“If we are going to be so tragically overrepresented in the prison system then Indigenous people should be equally represented on the Sentencing Advisory Council.”— 2016-05-24View Hansard
▸In Detail24 May 2016View Hansard
Omit the word 'suffering' from proposed section 201(3)(d) and replace with 'who have a', so the example reads 'persons who have a mental illness' instead of 'persons suffering mental illness', consistent with the Mental Health Act.
Insert the word 'present' in proposed section 203F(3) to clarify that when neither the chairperson nor deputy chairperson is at a meeting, the presiding member is chosen by the members present at the meeting.
Insert new Part 2A to amend the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013, changing the commencement date of parts 8, 14 and 24 (which exclude criminal organisation participants from licensed occupations) from 1 July 2016 to 1 July 2017.
That the amendment be agreed to
Vote on the Attorney-General's amendment to defer the commencement of provisions excluding criminal organisation participants from licensed occupations (construction, electrical, workplace health and safety) from 1 July 2016 to 1 July 2017, to allow the government to consider the Task Force on Organised Crime Legislation recommendations.
The motion passed.
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Ayes (44)
Noes (39)
Amend the long title of the bill to include reference to the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013.
▸1 procedural vote
Vote to grant leave
Vote on whether to allow the Attorney-General to move an amendment outside the long title of the bill to defer the commencement of criminal organisation licensing provisions in the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 until 1 July 2017.
Permission was granted.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (44)
Noes (39)
▸Third Reading24 May 2016View Hansard
That the bill, as amended, be now read a third time
Final passage vote on the bill establishing the Queensland Sentencing Advisory Council, as amended to include the deferral of criminal organisation licensing provisions. The LNP divided at this stage specifically because of the amendments passed during consideration in detail.
The motion passed.
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Ayes (44)
Noes (39)
Informed the House the opposition would divide on the third reading due to the amendments passed during consideration in detail.
“I inform the House that, although the opposition did not divide at the second reading, in view of the amendments that have been passed in consideration in detail we will be dividing on this the third reading and opposing it.”— 2016-05-24View Hansard
Referenced Entities
Legislation
Organisations
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards