Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Bill 2016
Plain English Summary
Overview
This bill raises the age of a 'child' in Queensland's youth justice system from under 17 to under 18, so 17-year-olds are treated as young people rather than adults in the criminal justice system. It also sets up transitional rules to move 17-year-olds currently in adult prisons, on remand or in adult court proceedings into the youth justice system. Queensland was the last state to treat 17-year-olds as adults, and the change aligns with national practice and the UN Convention on the Rights of the Child.
Who it affects
17-year-olds charged with offences gain access to youth courts, diversion programs and youth detention instead of adult prison, and their victims can use the restorative justice program. Queensland Corrective Services and Youth Justice must coordinate a staged transfer of existing 17-year-old prisoners and detainees.
Key changes
- 17-year-olds will be dealt with under the Youth Justice Act 1992 as children, not as adults
- 17-year-olds held in adult prisons or on remand can be transferred to youth detention centres during a transitional period
- Courts can vary existing adult sentences of 17-year-olds and substitute equivalent child sentences (for example, swapping imprisonment for detention, or parole for a supervised release order)
- Subsection 18(2) of the Corrective Services Act 2006 (keeping under-18 prisoners separate from adults) continues to apply until the last 17-year-old leaves adult custody
- The transitional regulation-making power expires 2 years after commencement, and the Act itself commences on a date fixed by proclamation (intended to be 12 months after passage)
- Driver disqualifications for Category A offences committed at 17 become Category B offences, letting some people become eligible for a licence sooner
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Sept 2016View Hansard
Referred to Education, Tourism, Innovation and Small Business Committee
The Education, Tourism, Innovation and Small Business Committee examined the bill but was unable to reach agreement on whether it should be passed. The bill sought to include 17-year-olds in Queensland's youth justice system rather than the adult criminal justice system, bringing Queensland into line with all other Australian states and the United Nations Convention on the Rights of the Child. Government members strongly supported the bill, while non-government members opposed it, citing the lack of a developed transition plan, uncertainty about costs, and concerns about managing 17-year-olds alongside younger children in detention.
Key findings (5)
- Queensland was the only Australian jurisdiction that treated 17-year-olds as adults in the criminal justice system, inconsistent with the UN Convention on the Rights of the Child
- All submitters to the inquiry supported the objectives of the bill, with many noting the reforms were long overdue after being on the books since 1992
- The department estimated annual costs of $44 million but acknowledged this figure did not include additional staffing costs at youth detention facilities
- Aboriginal and Torres Strait Islander youth were 23 times more likely to be held in detention than non-Indigenous young people, and reducing their over-representation was identified as a key strategy
- The government proposed a whole-of-government panel and cabinet subcommittee to oversee the transition, with implementation details to be determined by regulation
Committee report tabled
▸Second Reading3 Nov 2016View Hansard
That the bill be now read a second time
Vote on the second reading of the bill to include 17-year-olds in the youth justice system; passed 43-41 with government, KAP (Katter) and independents supporting, LNP and KAP (Knuth) opposing.
The motion passed.
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Ayes (43)
Noes (41)
Vote on a motion
Procedural division during the debate (likely a quorum or adjournment-related motion) that was defeated 40-42.
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 (40)
Noes (42)
▸30 members spoke15 support15 oppose
As Attorney-General, moved the bill's second reading, arguing it brings Queensland into line with all other Australian jurisdictions and the UN Convention on the Rights of the Child by including 17-year-olds in the youth justice system.
“This is an essential reform that will bring Queensland into line with every other Australian state and territory and will ensure we meet our obligations under international law.”— 2016-11-03View Hansard
As shadow Attorney-General, opposed the bill arguing it is rushed, lacks a transition plan, has no clear costings, and fails to address how 17-year-olds will be managed alongside children as young as 10.
“We in the LNP cannot in all good conscience support legislation that has no articulated plan to implement its stated policy objectives and no detail as to how it will be funded.”— 2016-11-03View Hansard
As committee chair, supported the bill noting all 16 submitters to the committee agreed with the reform, which aligns Queensland with other states and the UN Convention on the Rights of the Child.
“The Palaszczuk government has said there has been enough talk and it is now time for action. This bill will achieve what should have been done all those decades ago.”— 2016-11-03View Hansard
As deputy chair of the committee, opposed the bill, arguing it is a motherhood statement with no transition plan and that providing transition detail by regulation abrogates the sovereignty of parliament.
“We are simply debating and discussing a motherhood statement ... At best there is a plan for a plan.”— 2016-11-03View Hansard
Supported the bill, arguing 17-year-olds should not be imprisoned with adults and that education and family intervention are more effective than punitive approaches.
“By putting 17-year-olds in with grown men, especially in the male correctional centres, all we are doing is setting them up to fail.”— 2016-11-03View Hansard
Opposed the bill citing substantial implementation costs and concerns that the measure is not in the best interests of youth and adults in the respective systems.
“We do not believe that this measure is in the best interests of the youth and adults who are currently in respective systems and of those who will enter the system in the future.”— 2016-11-03View Hansard
Supported the bill, arguing Queensland's current treatment of 17-year-olds as adults is inconsistent with all other Australian states and the UN Convention on the Rights of the Child.
“It is the Palaszczuk Labor government that has displayed leadership and determination to tackle this historic injustice.”— 2016-11-03View Hansard
Opposed the bill, concerned that adult-sized 17-year-olds who have committed serious offences will be placed alongside younger children without a clear transition plan or cost estimate.
“In good conscience, I cannot support something where there is possible risk for younger offenders ... I cannot support a piece of legislation that is paralysed with no plan.”— 2016-11-03View Hansard
Supported the bill, arguing that 17-year-olds must be given proper recognition under the law by being brought into the youth justice system.
“Seventeen-year-olds are still youths. They are not adults and, as such, they should not be treated as adults in the justice system.”— 2016-11-03View Hansard
Opposed the bill, arguing Labor is soft on youth crime and is putting younger children at risk by transitioning 17-year-olds into youth detention without adequate planning or funding detail.
“This Labor government is putting at risk the safety of young people in youth detention with a change to the law that means that it cannot guarantee the safety of children in detention.”— 2016-11-03View Hansard
Opposed the bill as a simplistic knee-jerk response, arguing hardened 17-year-old criminals should not be mixed with children as young as 10.
“Why would we want to mix hardened 17-year-old criminals with children as young as 10? ... It makes absolutely no sense at all.”— 2016-11-03View Hansard
Supported the bill, arguing it corrects an injustice in breach of the UN Convention on the Rights of the Child and citing the success of the YJET program in his electorate.
“I am very pleased that we will be ending, with the support of this House, an injustice in respect of how we have treated 17-year-olds in Queensland within the context of the criminal justice system.”— 2016-11-03View Hansard
Opposed the bill due to safety concerns for very young detainees mixed with older 17-year-old offenders, and the lack of a transition plan and cost estimate.
“The LNP will be opposing the bill before us because we are not satisfied that the government can guarantee the safety of very young detainees—as young as 10—if 17-year-olds are moving into the juvenile justice system.”— 2016-11-03View Hansard
Opposed the bill, arguing the government cannot be trusted to manage the complex transition and has no plan to safely separate young detainees from older offenders.
“This legislation is not accompanied by a plan; it is a headline with a power to transition 17-year-old criminals into the youth detention system but there is no detail as to how that is going to be done.”— 2016-11-03View Hansard
Strongly supported the bill, drawing on his experience representing children in the courts and arguing that the law change is long overdue.
“I rise to express my wholehearted support for this bill that removes 17-year-olds from the adult prison system.”— 2016-11-03View Hansard
Opposed the bill, arguing there is no fail-safe risk management framework or practical transition plan and that the safety of young detainees cannot be guaranteed.
“I oppose the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Bill 2016 not necessarily on philosophical grounds, but because of the failure of the Palaszczuk government to clearly outline a fail-safe risk management framework and an appropriate practical transition implementation plan.”— 2016-11-03View Hansard
Opposed the bill as a badly-costed knee-jerk reaction to a Four Corners television program about the Northern Territory, arguing it will cost hundreds of millions for around 49 prisoners.
“It is a sad day when we are discussing legislation which is basically badly costed and a knee-jerk reaction to a television program.”— 2016-11-03View Hansard
Supported the bill, arguing children should not be incarcerated with adults and criticising the former Newman government for cutting TAFE teachers from detention centres.
“This bill is important to bring 17-year-olds out of adult prisons and the adult criminal justice system. Seventeen-year-olds are considered children in every other area of law. This is the right thing to do.”— 2016-11-03View Hansard
Opposed the bill due to the lack of a workable transition plan and clear costings for transferring approximately 50 detainees.
“After 18 months of work, the minister still has no workable plan to transfer 50 persons ... It is not much more than half a plan for a plan.”— 2016-11-03View Hansard
Supported the bill, arguing it brings Queensland into line with national laws and the UN Convention on the Rights of the Child through an evidence-based, multiagency response.
“By treating 17-year-olds as adults in the criminal justice system, we are inconsistent with not only all the other laws of our state but also the laws of the rest of Australia.”— 2016-11-03View Hansard
Supported the concept of aligning Queensland with other states but opposed the bill because the transition plan has not been properly established and the cost cannot be determined.
“I support the concept that Queensland be brought into line with other states regarding the treatment of 17-year-olds in our justice system but not in this way—not as a kneejerk reaction.”— 2016-11-03View Hansard
As Minister for Health, strongly supported the bill, arguing it demonstrates political courage and fulfils the intent of the Youth Justice Act 1992.
“Political courage compels us to do what is right rather than what is merely expedient ... This is an important and overdue reform whose time has come.”— 2016-11-03View Hansard
Offered full support for the bill, arguing it restores humanity and dignity and particularly benefits Indigenous young people who are disproportionately incarcerated.
“I rise to speak to the bill and offer my full support to the youth justice and other legislation amendment bill ... Seventeen-year-olds do not belong in adult prisons.”— 2016-11-03View Hansard
Opposed the bill on the grounds that safety of young detainees cannot be guaranteed and the cost of transition is undetermined due to the absence of a transition plan.
“The failure to properly plan is the most egregious of the objections, but the failure to properly plan for the transition is entirely consistent with the government's failure to stay strong on youth crime.”— 2016-11-03View Hansard
As Minister for Innovation, Science and the Digital Economy, supported the bill, highlighting the over-representation of Aboriginal and Torres Strait Islander youth in detention.
“Children have absolutely no place in an adult prison, yet to Queensland's shame the treatment of 17-year-olds in the adult criminal justice system has been an issue in our state for more than two decades.”— 2016-11-03View Hansard
As Deputy Premier, supported the bill, citing her personal concerns following the Four Corners Don Dale report and arguing current law is inconsistent with the UN Convention on the Rights of the Child.
“It is my hope that today is the day that we do the right thing and end, once and for all, the shameful practice of locking up children with adults.”— 2016-11-03View Hansard
As a former mentor at the Cleveland Youth Detention Centre and former police officer, opposed the bill, citing an unrelenting crime spree in Townsville and concerns about standover tactics by older detainees.
“This is an ill-conceived, knee-jerk reaction to a broader crime problem and for that reason I oppose the bill before the House.”— 2016-11-03View Hansard
As Minister for Communities, Women and Youth, supported the bill, noting her long personal advocacy and calling for a bipartisan evidence-based approach to youth justice.
“I rise to speak in support of the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Bill which will finally transition 17-year-olds from adult correctional facilities—a place they should never have been.”— 2016-11-03View Hansard
Opposed the bill arguing it prioritises perpetrators over victims of crime while Townsville experiences heightened juvenile crime.
“The welfare and circumstances of 17-year-olds in juvenile detention or adult detention is not the priority of the people of Queensland. I do not support this bill, because it is not a priority.”— 2016-11-03View Hansard
Supported the bill, arguing only committed government action can address youth justice issues and defending the Attorney-General's reform record.
“Legislation such as this is exactly why I got into politics, because only a committed effort from government can make a difference for those young people in our society.”— 2016-11-03View Hansard
Referenced Entities
Legislation
Programs & Schemes
Sectors Affected
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