Police Powers and Responsibilities and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill strengthens Queensland's response to child sex offending, cybercrime, organised crime, and hooning. It doubles reporting periods for child sex offenders, gives police new covert investigation tools for online fraud and identity theft, allows civilians to assist in undercover operations, and creates offences targeting hooning spectators, organisers, and promoters.
Who it affects
Child sex offenders face longer monitoring. Cybercrime victims benefit from expanded police powers. Drivers and spectators at hooning events face new criminal penalties, while communities plagued by hooning get stronger protections.
Child protection offender reporting
Reporting periods for child sex offenders increase from 5/10/life years to 10/20/life years, aligning Queensland more closely with other Australian states. Child offenders receive reduced periods. The changes only apply to offences committed after the new laws commence.
- Reporting periods double from 5 and 10 years to 10 and 20 years for new offences
- Child offenders report for 2.5, 4 or 7.5 years depending on repeat offending
- Life reporters must wait 25 years (up from 15) before applying to the Supreme Court for exemption
- Police can use surveillance devices and controlled operations to monitor non-compliant reportable offenders
Cybercrime investigation powers
Police gain the ability to use controlled operations and surveillance device warrants to investigate fraud, identity theft, computer hacking, and intimate image distribution. Queensland had the highest cybercrime incidence of all Australian states at 30% of national reports.
- Fraud, identity theft, computer hacking, and distributing intimate images added to the controlled operations schedule
- Police can apply for surveillance device warrants to investigate these cybercrime offences
- Controlled operations for these offences still require Crime and Corruption Commission oversight
Civilian participants in controlled activities
Civilians can now assist police in short-term undercover controlled activities, limited to ancillary conduct such as aiding or conspiring with an officer. This brings Queensland into line with Victoria's approach for minor controlled operations.
- Civilians can assist undercover police in controlled activities for up to 7 days
- Role limited to ancillary conduct — aiding, enabling, or conspiring with the officer
- Requires written authorisation from a superintendent
- Civilians receive criminal and civil liability protection when acting under instructions
Anti-hooning measures
New offences target the culture around hooning events — not just the drivers but also spectators, organisers, filmers, and people who possess items like stolen number plates for use in hooning. A new standalone offence covers burnouts in public places.
- New offence for participating in, organising, promoting, or filming hooning events — up to 40 penalty units or 1 year's imprisonment
- New offence for possessing items used in hooning such as unmatched number plates or racing tyres
- New offence for wilfully causing sustained loss of traction on a road or in a public place — up to 20 penalty units
- Penalty for using altered number plates during hooning doubled from 20 to 40 penalty units
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee30 Nov 2022View Hansard
Referred to Legal Affairs and Safety Committee
The Economics and Governance Committee examined the bill over approximately three months, receiving seven written submissions and holding a public hearing. The committee recommended the bill be passed, finding that its amendments to strengthen child protection monitoring, expand police cybercrime investigation powers, authorise limited civilian participation in controlled activities, and create new hooning offences were justified. While stakeholders raised concerns about the breadth of surveillance powers and the timing of amendments ahead of a Crime and Corruption Commission review, the committee was satisfied the bill had sufficient regard to rights and liberties and was compatible with human rights.
Key findings (5)
- The Queensland Law Society considered the expansion of relevant offences for controlled operations and surveillance device warrants to be overly broad, but police argued the offences were the minimum necessary.
- The Crime and Corruption Commission and Queensland Law Society raised concerns about progressing amendments to reportable offender monitoring periods before the CCC finalised its own review of the child protection reporting legislation.
- The committee found the new hooning offences and penalties were proportionate and in line with penalties for similar offences, despite concerns from the QLS about potential ambiguity in capturing spectator behaviour.
- The committee was satisfied that safeguards for civilian participation in controlled activities, including superintendent-level authorisation and a seven-day maximum authority period, would minimise risks.
- The committee found the bill was compatible with human rights under the Human Rights Act 2019, with any limitations on rights being adequate and proportional.
Recommendations (1)
- The committee recommends the Police Powers and Responsibilities and Other Legislation Amendment Bill 2022 be passed.
Committee report tabled
▸Second Reading20 Apr 2023View Hansard
▸20 members spoke11 support9 mixed
Supported child sex offender reporting reforms and hooning measures but raised concerns about the drug diversion provisions, arguing the threshold of one gram for hard drugs like ice is too high and questioning the capacity of the health system to handle diversions.
“This bill seeks to introduce new legislation around child sex offending. This will have the support of the KAP.”— 2023-04-20View Hansard
Agreed with many areas of the bill but raised caution about the drug diversion approach, questioning whether it risks normalising drug use and noting police on the street do not support it.
“We raise that as a caution. We understand the benefits, but it does raise the question of how the police feel about this.”— 2023-04-20View Hansard
Spoke in strong support of the expanded police drug diversion program, emphasising it delivers on recommendation 13 of the Mental Health Select Committee report and is backed by Queensland Health, the Queensland Mental Health Commission and the AMAQ.
“Expanding diversion options is also a key priority under Achieving balance: the Queensland alcohol and other drugs plan 2022-2027 which was released last year. An expanded police drug diversion program will divert people away from the criminal justice system for low-level personal drug use to a proportionate health response delivered by specialist alcohol and other drug services.”— 2023-04-20View Hansard
Strongly supported the bills, particularly the expanded drug diversion program, arguing evidence-based policy rather than a punitive approach is the contemporary way to deal with drug offences.
“We rely on expert opinion, evidence-based decision-making and informed policy—not informed by ideology but informed by fact. It is for these reasons that I support these bills.”— 2023-04-20View Hansard
Supported child sex offender reporting reforms and hooning provisions but strongly criticised the drug diversion elements, arguing one gram of ice represents 10 hits and the health system cannot cope with diversion volumes.
“In the middle of a youth crime crisis this Palaszczuk government is moving to weaken our drug laws.”— 2023-04-20View Hansard
Supported the bills, particularly the drug diversion program and the special constable provisions, highlighting the industrial relations framework established for the new special constables.
“This bill is about looking at this issue. The policy of diversion is about taking a different approach.”— 2023-04-20View Hansard
Acknowledged some positive elements of the bills but raised concerns about whether the drug diversion program is adequately resourced and called for relocation sentencing options for youth offenders.
“In the most recent Noosa MP survey, over 75 per cent listed youth crime as their No. 1 concern, with over 70 per cent in favour of on-country relocation sentencing rather than imprisonment.”— 2023-04-20View Hansard
Supported the cognate bills, highlighting the effectiveness of the police drug diversion program with 72 per cent of recipients not reoffending within four years.
“Drug diversion is not a new concept in Queensland. Queensland police have been diverting people for cannabis possession for over 20 years.”— 2023-04-20View Hansard
Supported child protection and hooning provisions but strongly opposed the drug diversion elements, arguing one gram of drugs like ice, cocaine and fentanyl should not be treated as minor possession.
“It is not okay to be in possession of a gram of any of these drugs. It is not okay to say, 'If you have it, you get diversion'—not once, not twice but three times.”— 2023-04-20View Hansard
Strongly supported the bills, focusing on the drug diversion reforms and arguing criminalising personal drug use does not serve the public interest and prevents people from seeking treatment.
“This is a really good bill. It has been a shame really to hear some of the comments that have been made in this House about the bill—complete misrepresentations about what the bill is going to achieve.”— 2023-04-20View Hansard
Supported the bills, expressing optimism about the drug diversion scheme as a move towards commonsense drug laws, while noting the government continues to underfund prevention, treatment and harm reduction.
“The new diversion scheme is more in line with international law, which views drug use as a health issue and acknowledges that prohibitionist notions of a drug-free world are simply unrealistic.”— 2023-04-20View Hansard
Supported the bills, focusing on the reforms to reportable offender reporting periods which give Queensland the longest reporting periods in Australia.
“This is yet another example where the Palaszczuk government is responding with agility and decisiveness to improve the safety of our Queensland community.”— 2023-04-20View Hansard
Supported sex offender reporting and cybercrime investigation enhancements but raised concerns about the drug diversion provisions and highlighted that convicted sex offenders with reporting obligations can still visit state primary schools as parents.
“Those subject to sex offender reporting should not be permitted in places like schools.”— 2023-04-20View Hansard
Supported the bills, criticising the previous LNP government for cutting the sex offender reporting period from eight to five years which allowed 1,700 child sex offenders to slip off the radar.
“The LNP deliberately, knowingly and with breathtaking callousness put our communities and our children at increased risk by cutting the reporting period from eight to five years.”— 2023-04-20View Hansard
Acknowledged both sides are largely supportive of the bill's intent regarding police capabilities but opposed the drug diversion provisions, arguing against going soft on drugs.
“I do not agree with going soft on drugs, and I do not like seeing the things we are seeing in this particular legislation.”— 2023-04-20View Hansard
Defended the bills in reply, highlighting the government's police recruitment efforts and criticising the LNP for committing to 1,000 fewer police officers at the last election.
“The President of the Queensland Police Union is on the public record noting that the LNP's commitment at the last election was 1,000 fewer officers than this government.”— 2023-04-20View Hansard
Supported the child sex offender monitoring, hooning, cybercrime, QFES assault, evading police and drug trafficking provisions, but strongly opposed the expanded drug diversion program, arguing it removes the element of deterrence for users and condones the carrying of dangerous drugs like heroin, ice and fentanyl.
“I cannot, and will not, agree to give any ground when it comes to the fight against drugs. I cannot, and will not, agree to reduce options to protect Queenslanders and Queensland communities from the ravages of drugs.”— 2023-04-19View Hansard
Supported both bills, emphasising the importance of restoring longer child sex offender reporting periods and strengthening hooning laws. Criticised the 2014 LNP decision to shorten reporting periods.
“A reporting regime is absolutely essential for community safety and to enable police to properly target repeat offenders and gather necessary intelligence to provide protection to the community.”— 2023-04-19View Hansard
Supported the bills, focusing on the child sex offender reporting periods and the new anti-hooning offences targeting spectators and social media promotion of hooning activities. Also supported the special constables amendment.
“With this legislation the Palaszczuk government is ensuring the reporting obligations of child sex offenders are extended to provide maximum safety and security for the community.”— 2023-04-19View Hansard
Supported child sex offender monitoring measures but strongly opposed the drug diversion expansion, drawing on his experience as a former detective who arrested drug importers and traffickers. Warned the government is raising the white flag on the war against drugs.
“Watering down drug laws and raising the white flag on the war against drugs is not doing better.”— 2023-04-19View Hansard
▸In Detail20 Apr 2023View Hansard
Amendment to insert new Part 3A into the Police Powers and Responsibilities and Other Legislation Amendment Bill 2022, amending the Police Service Administration Act 1990 to create a new category of special constables (State officers) who can be employed on a casual basis to undertake frontline general duties policing, drawing on former police officers who have left the service.
Referenced Entities
Legislation
Organisations
Programs & Schemes
Places
Roles & Offices
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards