Youth Justice and Other Legislation Amendment Bill 2015

Introduced: 1/12/2015By: Hon Y D'Ath MPStatus: PASSED with amendment

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Plain English Summary

Overview

This bill rolls back a package of tough-on-youth-crime laws introduced in 2013 and 2014. It abolishes youth boot camps, ends the offence of breaching bail for children, restores a ban on naming children in the media, and reinstates the principle that detention or imprisonment should only be used as a last resort.

Who it affects

Children and young people in the justice system gain stronger protections, while courts lose the power to order boot camps but regain sentence review powers. Former boot camp centre staff face ongoing duties to report harm to children who were in the program.

Key changes

Boot camp orders and boot camp (vehicle offences) orders are removed as sentencing options for children
Breaching bail by committing another offence is no longer itself a crime for children
Detention for a child must be a last resort, and imprisonment for adults is again a last resort (except for violent and child sexual offences)
No Queensland child dealt with under the Youth Justice Act can be named in the media, even repeat offenders
Childrens Court judges can review sentences handed down by magistrates within 28 days, including for breaches of community-based orders
Former boot camp centre employees must report suspected harm to children who took part in the program, with a maximum penalty of 20 penalty units for failing to do so

How this affects you

Justice & Rights

•Children can no longer be named in the media for offences dealt with under the Youth Justice Act, even if they are repeat offendersClauses 51-52Section 299A (which allowed publication for non first-time offenders) is omitted and section 301 is expanded to prohibit publication of identifying information about any child.
•A child cannot be charged with a separate offence just for committing another offence while on bailClause 8Part 5, division 2 (Offence committed while on bail) of the Youth Justice Act is omitted, with transitional provisions preventing further prosecution of pending charges.
•Detention for a child and imprisonment for an adult must again be treated as a last resort (except for violence and child sexual offences)Clauses 16, 26, 61New section 208 requires a court to be satisfied no other sentence is appropriate before imposing detention; section 9 of the Penalties and Sentences Act is amended to reinstate the last-resort principle for adults.
•A child, the chief executive, the complainant, or the arresting officer can ask a Childrens Court judge to review a magistrate's sentence within 28 daysClause 14 (new sections 118-126)Reinstates the Childrens Court of Queensland's sentence review jurisdiction and expands it to include magistrates' decisions on breaches of community-based orders.

Children & Families

•Youth boot camps end as a sentencing option, following an evaluation that found the trial program was ineffective at reducing reoffendingClauses 20, 25, 31, 42, 49Omits boot camp (vehicle offences) orders, boot camp orders, and boot camp centre administration provisions from the Youth Justice Act.
•If you were found guilty of an offence as a child but no conviction was recorded, that finding cannot be used against you later when you are sentenced as an adultClause 15Section 148 is amended so evidence of a childhood finding of guilt with no conviction recorded is not admissible against the adult.
•Children or their parents who took part in the former boot camp program can still make complaints about how they were treatedClause 54 (new section 305B)The chief executive must issue instructions on how complaints can be made and dealt with, and a child is entitled to complain directly to a Child Advocacy Officer.
•Former boot camp centre staff must report any harm or suspected harm to children from the program, or face a fine of up to 20 penalty unitsClause 54 (new section 305A)Creates an ongoing obligation on former boot camp centre employees to report harm to the chief executive, with a maximum penalty of 20 penalty units.

Bill Journey

Introduced1 Dec 2015

First Reading

Committee

Committee Report1 Mar 2016

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent27 June 2016

Sectors Affected

Courts Criminal Law Youth Justice

Classified using AGIFT/ANZSIC Australian government standards

Youth Justice and Other Legislation Amendment Bill 2015

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Roles & Offices

Sectors Affected

Source Documents