Police Powers and Responsibilities and Other Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill makes broad changes across policing, corrective services, and child protection law. It tackles knife crime in entertainment precincts, overhauls parole rules for the most serious murderers, strengthens 'No Body, No Parole' laws, creates tougher penalties for harming police and corrective services animals, and updates child sexual abuse offence lists to include modern Commonwealth offences.
Who it affects
Families of homicide victims gain protection from repeated parole notifications. People in safe night precincts benefit from stronger knife crime measures. Convicted child sex offenders face expanded monitoring, and people who harm police animals face harsher penalties.
Knife crime and public safety
Police can now issue banning notices to adults caught unlawfully carrying a knife in a safe night precinct, licensed premises, or a public event where alcohol is sold. The person can be banned from the area for up to one month.
- Police banning notices expanded to cover unlawful knife possession in entertainment areas
- Banned person excluded from the area for up to one month, with existing review rights maintained
Parole reforms for serious murderers
A new parole framework targets life-sentenced prisoners who murdered a child or committed multiple murders. The Parole Board President can block parole consideration for up to 10 years. Where no declaration is made, there is a presumption against parole.
- Parole Board President can declare a restricted prisoner cannot apply for parole for up to 10 years
- Presumption against parole for life-sentenced multiple or child murderers
- Higher threshold for exceptional circumstances parole — prisoner must be dying or incapacitated
- Life-sentenced prisoners can be restricted from reapplying for parole for up to 3 years after refusal
No Body, No Parole strengthening
The Parole Board can now assess a prisoner's cooperation in locating a victim's remains at any time after sentencing, rather than waiting for a parole application. A no cooperation declaration blocks the prisoner from applying for parole until they provide new information.
- Board can initiate No Body, No Parole assessment at any time after sentencing
- No cooperation declaration blocks parole applications until prisoner provides new cooperation
- Prisoners can apply for reconsideration if they provide new information to police
Police operational powers
Several changes improve QPS operational capability, including allowing civilian staff to monitor surveillance devices without constant police supervision, enabling Queensland's participation in the national drug profiling program, and expanding assumed identity powers.
- Civilian QPS employees and translators can monitor surveillance devices without a police officer present
- Queensland can now participate in the national illicit drug profiling program (ENIPID)
- Assumed identities can be used for training and administrative purposes with expanded historical backstopping
- QPS staff members gain protection from revealing police methodologies in court
Protection of police and corrective services animals
New indictable offences are created for wilfully killing or seriously injuring a police dog, police horse, or corrective services dog while on duty or in retaliation for their use. This follows the stabbing of police dog Kaos on the Gold Coast in 2020.
- New indictable offence carrying up to 5 years imprisonment for killing or seriously injuring a police or corrective services animal
- Courts can order offenders to pay for treatment, retraining, or replacement of the animal
- Existing simple offences retained for lower-level harm such as kicking or hitting
Child protection offence updates
Nine Commonwealth child sexual abuse offences are added to the child offender registry, and the working with children blue card system is updated to include modern slavery, trafficking, organ trafficking, and child grooming offences as disqualifying or serious offences.
- Nine Commonwealth child sexual abuse offences added as reportable offences for the child offender registry
- Five of those offences also allow police to inspect offenders' digital devices
- Blue card disqualifying offences expanded to include slavery, forced labour, trafficking, and grooming offences against children
- Outdated references to repealed Commonwealth child pornography offences updated
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Sept 2021View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the bill over six weeks, receiving ten submissions and holding a public briefing and hearing. The committee recommended the bill be passed, but raised significant concerns about the human rights compatibility of the restricted prisoner declaration and no cooperation declaration provisions, finding they may be incompatible with the right to be free from cruel, inhuman or degrading treatment and the right to humane treatment in detention. The committee suggested the government consider an override declaration under the Human Rights Act 2019 to address this risk. Opposition members filed a statement of reservation criticising the bill as ineffective window dressing.
Key findings (5)
- The committee found that provisions introducing restricted prisoner declarations and no cooperation declarations may be incompatible with the Human Rights Act 2019, specifically the rights to freedom from cruel, inhuman or degrading treatment and to humane treatment in detention.
- Stakeholders including the Queensland Law Society, Prisoners' Legal Service, Sisters Inside and the Queensland Human Rights Commission strongly opposed the new parole restrictions for life-sentenced prisoners, arguing they were unnecessary, disproportionate and undermined rehabilitation.
- The committee noted that the power to declare a prisoner as a restricted prisoner could be made by a court rather than the President of the Parole Board, and that non-parole periods could be stipulated at sentencing.
- Submitters raised concerns that expanding banning notices to knife possession would disproportionately affect homeless people and those needing to access services in safe night precincts.
- The temporary extension of parole decision timeframes was criticised by multiple stakeholders as a short-sighted fix to inadequate Parole Board funding that would result in people being detained longer than necessary.
Recommendations (1)
- The committee recommends that the Police Powers and Responsibilities and Other Legislation Amendment Bill 2021 be passed.
Committee report tabled
▸Second Reading30 Nov 2021View Hansard
▸23 members spoke22 support1 oppose
As Minister for Police, introduced and defended the bill as creating the toughest parole laws in the nation for child killers and multiple murderers. Highlighted the 145% increase in Parole Board funding since 2016-17 and defended the government's record on resourcing.
“Under this bill, Queensland will have the toughest parole laws in the nation—tough parole laws for child killers and multiple murderers, the worst of the worst, and tough parole laws that will keep them behind bars for longer.”— 2021-11-30View Hansard
As shadow police minister, stated the LNP will not oppose the bill, supporting the parole framework changes, knife crime provisions and police dog protections. Criticised the government for being reactive rather than proactive and for the five-year delay in joining the national drug intelligence program.
“The LNP has made it clear that we will support legislation that provides good outcomes for Queensland and for Queenslanders. There is no greater responsibility for a government than to keep Queenslanders safe.”— 2021-11-30View Hansard
Supported the bill, speaking to the new parole framework for restricted prisoners, the knife crime banning notices, and the child sexual abuse offence provisions. Highlighted transparency in parole decision-making.
“The government is ensuring that the public interest is the primary consideration when deciding whether to make a restricted prisoner declaration.”— 2021-11-30View Hansard
Supported the bill, particularly the 'Sian's Law' provisions championed by the Kingi family. As a former federal prosecutor, emphasised the importance of the child sexual abuse amendments. Criticised the government for the broken parole system and for taking two years to implement ministerial council recommendations.
“The atrocities committed against Sian and the advocacy that followed by Sian's family and friends should be rightly acknowledged by this parliament. Their voice on this issue has brought about legislative change that we are debating today.”— 2021-11-30View Hansard
Supported the bill, praising the corrective services dog protection provisions from his decades of experience in corrections. Defended the no-body no-parole framework and banning notice expansions as supporting police and community safety.
“I commend this bill to the House, as I would commend any bill that supports the men and women of the Queensland Police Service who keep us safe on a 24/7 basis.”— 2021-11-30View Hansard
As a committee member, welcomed the restricted prisoner and no-body no-parole provisions, acknowledging the Kingi family and the Morcombes. Criticised the 60-day parole extension as a bandaid fix for the government's failure to adequately resource the Parole Board.
“We will not be opposing this legislation but it has to be pointed out that, once again, we are making a legislative amendment to address this government's inability to do their job.”— 2021-11-30View Hansard
As an independent and committee member, supported the restricted prisoner framework to reduce retraumatisation of victims' families. Acknowledged stakeholder concerns but noted parole is not a right. Called for urgent review of the broader parole system including implementation of Sofronoff review recommendations.
“Those who commit heinous crimes should not have the ability to continually apply for parole, creating ongoing trauma for victims' families and friends.”— 2021-11-30View Hansard
As a committee member, supported the bill with detailed discussion of the no-body no-parole framework strengthening. Drew on her professional experience working with homicide victims' families to emphasise the importance of early cooperation from prisoners in locating remains.
“We cannot imagine the slap in the face to a family where offenders do not cooperate or, even worse, actively thwart police attempts to recover a person's body.”— 2021-11-30View Hansard
Focused criticism on clause 21 extending Parole Board decision time frames by 60 days, citing $31.5 million in costs from parole delays, 325 judicial review applications, and a Supreme Court practice direction for handling the backlog. Accused Labor of changing the goalposts rather than fixing the problem.
“If ever there was a sign that this government and this minister have lost control of the Parole Board situation in Queensland and needed evidence to be put in front of people, it would be this particular clause.”— 2021-11-30View Hansard
As the member who tabled the 72,000-signature petition from Sian Kingi's family, strongly supported the parole framework changes he called 'Sian's Law'. Described working closely with the Kingi family since Barrie Watts's parole application and noted the bill was announced the day after the petition was tabled.
“This legislation is the direct legacy of that journey.”— 2021-11-30View Hansard
Supported the bill, focusing on the no-body no-parole framework and its importance for homicide victims' families. Referenced the case of Tim Pullen from her community whose body has never been found, and emphasised the value of early prisoner cooperation.
“Having a body for a funeral does not take away the full trauma experienced by families. It does, however, give families the peace of mind of knowing the final resting place of their loved one.”— 2021-11-30View Hansard
Supported 'Sian's Law' and knife crime provisions, acknowledging the Kingi and Beasley families' advocacy. Criticised the bill as not going far enough, arguing it is 'nowhere near enough' to reduce crime but is 'a start'. Strongly criticised the government over the Parole Board backlog.
“This bill needs to do more than the limited window-dressing to achieve an outcome that will reduce crime in this great state.”— 2021-11-30View Hansard
Defended the bill against the LNP's statement of reservation calling it 'window-dressing', highlighting the government's record of 2,025 new police over five years compared to the LNP's sacking of 300 police. Supported the no-body no-parole framework and knife crime provisions.
“For the statement of reservation to describe this bill as window-dressing is completely and utterly insulting to all of the people involved in that process.”— 2021-11-30View Hansard
As a former police officer, supported 'Sian's Law' and called for the new parole framework to be formally named after Sian Kingi. Noted operational police numbers per capita had declined and called on the minister to secure additional police resources.
“I support my colleague the member for Ninderry in his call for the proposed new parole laws to be named 'Sian's Law'.”— 2021-11-30View Hansard
Did not oppose the bill but criticised it as a 'disparate collection of measures bundled together to give the appearance of a concerned response to curb crime'. Highlighted the government's delays in joining the national drug intelligence program and implementing child sex abuse amendments.
“It is disrespectful, ignorant and shows poor governance to legislate to cover up mismanagement.”— 2021-11-30View Hansard
Supported the bill, highlighting the successful 'I live my life without a knife' campaign in Logan which achieved a 23% decrease in knife offences. Expressed disappointment at the opposition's statement of reservation calling the bill 'window-dressing' while simultaneously claiming credit for its provisions.
“This trial program in Logan saw a 23 per cent decrease in knife related offences occurring in public places from October through to early 2020 and a sustained reduction going into 2021.”— 2021-11-30View Hansard
Supported the bill, focusing on the knife crime provisions as the local member for the area where Jack Beasley was killed. Cited data from the Gold Coast wanding trial showing 58 weapons found among 2,500 people wanded. Called the laws 'a start but we need so much more'.
“These laws are a start but we need so much more to reduce crime in our state.”— 2021-11-30View Hansard
Opposed the bill as 'Labor's Courier-Mail headline omnibus bill'. Argued the restricted prisoner framework was an unnecessary response to a single media-driven case, the parole time extension strips prisoners of judicial review rights, and the banning notice expansion limits the human rights of vulnerable people. Called for structural reform including proper Parole Board funding and drug decriminalisation.
“This government failed the assignment and now they are rewriting the criteria in the hope that they might pass.”— 2021-11-30View Hansard
Supported the bill as good law reform, covering the restricted prisoner framework, no-body no-parole strengthening, knife banning notices, police methodology protections and the new indictable offences for injuring police and corrective services animals.
“Laws should be modified and shaped over time to better reflect the social values that society feels are important.”— 2021-11-30View Hansard
Supported the bill, focusing on knife crime provisions given the Gold Coast wanding trial in his electorate's safe night precincts. Acknowledged the Kingi and Beasley families' advocacy and criticised the Parole Board time frame extension as masking system failures.
“I commend the Beasley family for their efforts here.”— 2021-11-30View Hansard
Supported the bill, focusing on the new indictable offences for killing or injuring police and corrective services animals. Detailed the case of police dog Kaos who was stabbed and the limitations of existing animal cruelty offences.
“Kaos suffered a 15-millimetre, full-thickness laceration in the mid-oesophagus, damage to the trachea and nerve damage. Kaos received urgent life-saving veterinary care before returning to active duty and has recently retired.”— 2021-11-30View Hansard
Supported the parole framework and knife banning provisions but criticised the 60-day extension to parole decision time frames as covering up the government's incompetence in managing the Parole Board. Raised concerns about juvenile crime in his electorate.
“This extension of time is so that the minister can stand and say that the Parole Board is meeting its time frames—which is something that it is failing to do now.”— 2021-11-30View Hansard
Supported the knife crime exceptions for occupational knife use and the police animal protection offences. Criticised the parole time frame extension as the government changing its KPIs rather than fixing the problem. Highlighted youth crime issues in Goondiwindi.
“It is the proclivity of this government—and Labor governments always—that when they cannot meet their KPIs and legislative standards they come in here and change those standards as part of an omnibus bill.”— 2021-11-30View Hansard
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