Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021
Plain English Summary
Overview
This bill streamlines Queensland Police Service operations by cutting red tape and updating outdated processes. It lets senior police officers witness certain affidavits instead of requiring a Justice of the Peace, expands police powers to seek court-ordered access to seized digital devices, introduces faster saliva drug testing for officers after critical incidents, and makes several changes to weapons licensing administration.
Who it affects
Police officers benefit from reduced paperwork and modernised procedures. People under investigation face broader circumstances in which courts can order them to provide passwords for seized devices. Weapons licence holders and firearms dealers get more flexibility around temporary storage and the national firearms amnesty.
Key changes
- Senior police officers (sergeants and above) can now witness bail, service, and warrant affidavits, saving an estimated 5,000 to 22,000 officer hours per year previously spent locating Justices of the Peace
- Courts can order people to hand over passwords for digital devices seized under any lawful police power, not just search warrants issued by magistrates or judges — including for intimate image and privacy offences
- Police officers involved in critical incidents can be tested for drugs using saliva instead of urine, providing faster results and less invasive testing
- The definition of 'critical incident' triggering mandatory drug and alcohol testing is broadened to include deaths and grievous bodily harm during any police operation
- Temporary weapons storage period doubled from three months to six months, helping during deceased estate administration
- Licensed firearms dealers can retain anonymously surrendered firearms under the permanent national amnesty instead of transporting them to police stations
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 Sept 2021View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the bill over six weeks, receiving seven submissions and holding a public briefing and hearing with the Queensland Police Service, Queensland Law Society, Queensland Council for Civil Liberties, firearms industry groups, and the Youth Advocacy Centre. The committee recommended the bill be passed, finding that its measures to streamline police operations were justified despite stakeholder concerns about expanded digital device access orders and their impact on privacy and the privilege against self-incrimination. No dissenting views were filed.
Key findings (5)
- The Queensland Law Society and Queensland Council for Civil Liberties raised concerns that expanded access orders for seized digital devices could grant police unfettered access to private information, and recommended safeguards such as limiting the scope of warrants and requiring police to report to the court on what was accessed
- The Youth Advocacy Centre opposed allowing senior police officers to witness bail affidavits under the Youth Justice Act, arguing an independent judicial officer should continue this role given the serious consequences of bail refusal for children
- The committee accepted the QPS position that existing safeguards, including judicial oversight by a magistrate or Supreme Court judge and criminal penalties for improper disclosure, were sufficient to protect individuals' rights
- Firearms industry groups broadly supported the weapons amendments but raised concerns about individual approval requirements for anonymously surrendered firearms and the exclusion of Category R weapons from the dealer retention scheme
- The committee found the bill's limitations on human rights, particularly the right to privacy in relation to digital device access orders, were reasonable and demonstrably justified under the Human Rights Act 2019
Recommendations (1)
- The committee recommends the Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021 be passed.
Committee report tabled
▸Second Reading18 Nov 2021View Hansard
As opposition lead speaker on the Police bill, confirmed the LNP would not oppose the bill, supporting measures that help police do their job while welcoming safeguards on device access.
“The LNP will not be opposing this bill for one simple reason and that is that the LNP supports our police in the difficult job they do and the LNP recognises the vital role they play.”— 2021-11-18View Hansard
Spoke in support of the bill, praising reforms that will bolster police ability to disrupt crime and keep the community safe.
“I rise to speak in support of the Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021.”— 2021-11-18View Hansard
Supported the bill while raising concerns about the firearms amnesty provisions and the Weapons Licensing Branch's capacity, citing stakeholder feedback from the Shooters Union.
“Queensland's police servicemen and servicewomen deserve our appreciation.”— 2021-11-18View Hansard
Spoke in support of the bill, acknowledging the demands on the police service and supporting the efficiency measures.
“I rise in support of the Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021.”— 2021-11-18View Hansard
Supported the legislation, emphasising the need to reduce bureaucracy and paperwork keeping police tied to their desks.
“Anything they can do to streamline the bureaucracy and paperwork that is keeping police officers tied to their desks we will support. We support this legislation.”— 2021-11-18View Hansard