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Your search for Crime returned 102 record/s.
Police Service Administration and Other Legislation Amendment Bill 2008 The Queensland Police Service (QPS) currently operates a number of different databases to store its policing information. These databases are progressively being amalgamated into a single database known as QPRIME. QPRIME is due to be fully operational before the end of 2008 at which time the majority of other databases will be decommissioned or no longer updated. There are a number of organisat
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008 The Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008 contains amendments to the Criminal Proceeds Confiscation Act 2002, the Security Providers Act 1993, the Fair Trading Act 1989 and the Trusts Act 1973. The amendments to the Criminal Proceeds Confiscation Act aim to improve the Act’s ability to achieve its objectives, which are primarily aimed at removing financial gain and incr
Increase to the penalty unit value Cabinet considered an increase to the penalty unit value from $75 to $100. Cabinet approved an increase in the penalty unit amount from $75 to $100 to reflect movements in the Consumer Price Index, commencing 1 January 2009. Cabinet approved the penalty unit increase be reviewed every three years to take account of CPI increases. Cabinet approved amendments to the Penalties and Sentences Act 1992
Review of the domestic discipline defence Section 280 of the Criminal Code makes it lawful for a parent or carer to use such force to a child as is reasonable in the circumstances for the purposes of correction, discipline, management or control. In order to examine whether the existence of this defence is impacting on the prosecution of abusive parents, the Department of Justice and Attorney-General reviewed 198 cases accused of parent/c
Summary Offences and Other Acts Amendment Bill 2008 The Crime and Misconduct Commission report on the public nuisance offence, Policing Public Order: A review of the public nuisance offence was tabled in Parliament on 23 May 2008. The report concluded that the new public nuisance offence did not appear to have a significant impact on public nuisance offending or on the police and courts response to it. The report also found that marginalised gro
Police Powers and Responsibilities (Gold Coast Nikon Indy 300) Regulation 2008 The 2008 Indy 300 will be held from 23 to 26 October 2008 on the Gold Coast. The policing commitment for the event will commence on Sunday, 19 October 2008 and conclude on Monday, 27 October 2008. The Police Powers and Responsibilities Act 2000 contains a legislative scheme which enables the Queensland Police Service (QPS) to be provided with special powers to address safety and security issues
Review of the Criminal and Civil Justice System in Queensland - Terms of Reference Criminal offences are divided into two main classes: indictable offences, which are more serious crimes, and summary offences of a more minor nature. An indictable offence is ordinarily prosecuted before a judge and jury. In some circumstances, offences declared to be indictable may be dealt with summarily in a Magistrates Court, generally at the election of the accused. Former Senior Judge Ad
Criminal Code and Misconduct Amendment Bill The Crime and Misconduct and Summary Offences Amendment Bill 2009 contains amendments to the Crime and Misconduct Act 2001 and the Summary Offences Act 2005. The Bill amends the Crime and Misconduct Act 2001 to validate past and future use of general ‘umbrella’ referrals of major crime to the Crime and Misconduct Commission and to subject general referrals to periodic review to ensure they remain
Criminal Code Amendment Bill 2009 On 1 October 2008, the Queensland Law Reform Commission (QLRC) Report, The Excuse of Accident and the Defence of Provocation (the QLRC Report) was tabled in Parliament. The QLRC’s report made a number of recommendations regarding accident and provocation, but also made note of the difficulties sometimes encountered by battered spouses who kill their abusers to rely on existing defences. In this r
Victims of Crime Assistance Bill The Victims of Crime Assistance Bill 2009 repeals the Criminal Offence Victims Act 1995. The Bill provides for a new victims financial assistance scheme. The new scheme will focus on victim recovery by paying for, or reimbursing the costs of goods and services that the victim requires to help them recover from the physical and psychological effects of an act of violence. It aims to provide a tailo
Criminal History Screening Legislation Amendment Bill 2009 The Criminal History Screening Legislation Amendment Bill 2009 proposes to streamline criminal history screening for Queenslanders. These arrangements will reduce duplication of screening and achieve consistency in screening for persons providing services to children and young people or working in a place where the Department of Communities funds or provides disability services, while maintaining
Qld Govt sub to CMC re alleged misuse of public money On 23 November 2009, the Crime and Misconduct commenced public hearings in relation to the allegations of official misconduct involving a former Ministerial adviser involving alleged misuse of public money. During the hearing, the CMC Chairperson stated that he would invite submissions from any interested party on the wider issues of what recommendations should be made with respect to the way the
Response to Private Member's Bill - Juvenile Justice (Sentencing Principles) Amendment Bill 2009 The member for Southern Downs, Mr Lawrence Springborg MP, introduced the Juvenile Justice (Sentencing Principles) Amendment Bill 2009 as a Private Member’s Bill on 3 June 2009. The Explanatory Notes to the Bill state the purpose of the Bill is to amend the Juvenile Justice Act 1992 to remove reference to detention as a last resort. Cabinet considered that the removal of the principle of detenti
Government Response to the Review of the civil and criminal justice system in Qld Report On 28 July 2008, a review of the civil and criminal justice system in Queensland was launched by the Queensland Government. Former Senior Judge Administrator, the Honourable Martin Moynihan AO QC, was appointed to conduct the review and report on the working of Queensland courts in the civil and criminal jurisdictions with a view to making more effective use of public resources. The Terms of Ref
Organised Crime Control Bill 2009 In May 2009 the Queensland Government publicly committed to introducing legislative measures aimed at preventing, detecting and disrupting organised criminal activity in Queensland. In April 2009 the Standing Committee of Attorneys-General (SCAG) also agreed to develop a comprehensive national response to combat organised crime. The preparation of this bill will deliver on the Government’s commit
Criminal Code Amendment Bill 2009 On 1 October 2008, the Queensland Law Reform Commission (QLRC) Report, The Excuse of Accident and the Defence of Provocation (the QLRC Report) was tabled in Parliament. The QLRC’s report made a number of recommendations regarding accident and provocation, but also made note of the difficulties sometimes encountered by battered spouses who kill their abusers to rely on existing defences. In this r
Criminal Code (Honesty and Integrity in Parliament) The Member for Surfers Paradise and then Leader of the Opposition and Shadow Minister for the Arts, Mr John-Paul Langbroek MP, introduced the Criminal Code (Honesty and Integrity in Parliament) Amendment Bill 2009 on 19 August 2009. The Explanatory Notes to the Bill state the purpose of the Bill is to amend the Criminal Code to introduce the offence of giving false evidence to Parliament and the
Criminal Organisation Bill 2009 The Criminal Organisation Bill 2009 allows for criminal organisations to be “declared” by the Supreme Court upon application by the Police Commissioner and for members and associates of declared organisations, on application of the Police Commissioner, to be liable to have control orders imposed on them. Activities that may be controlled by an order include: associating with other persons; posses
Govt Response to PCMC Report 79 The Parliamentary Crime and Misconduct Committee is required to review the activities of the Crime and Misconduct Commission and report to the Legislative Assembly as near as possible to the end of each parliamentary term on any further action that should be taken in relation to the Crime and Misconduct Act 2001 or the functions, powers and operations of the Crime and Misconduct Commission. On 20
Civil and Criminal Jursidiction Reform and Modernisation Amendment Bill 2010 On 28 July 2008, a review of the civil and criminal justice system in Queensland was launched by the Queensland Government. Former Senior Judge Administrator, the Honourable Martin Moynihan AO QC, was appointed to conduct the review and report on the working of Queensland courts in the civil and criminal jurisdictions with a view to making more effective use of public resources. The report on th
Criminal Code (Images of Violence Against Children) The Member for Moggill and Shadow Minister for Education and Training, Dr Bruce Flegg, introduced the Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010 as a Private Member’s Bill in March 2010. The Bill replaced the Criminal Code (Filming or Possessing Images of Violence Against Children) Amendment Bill 2009, which Dr Flegg withdrew. The Explanator
Criminal Code (Serious Assaults on Police) The Member for Southern Downs and Deputy Leader for the Opposition, Mr Lawrence Springborg MP introduced the Criminal Code (Serious Assaults on Police and Particular Other Persons) Amendment Bill 2010 as a Private Member’s Bill in February 2010. The Bill proposed amendments to section 340 of the Criminal Code, which contains the offence of serious assault. The Bill aims to introduce mandatory mini
Govt response to Crime and Misconduct Commission Report Restoring Order The CMC report Restoring order: Crime prevention and local justice in Queensland’s Indigenous communities was released on 20 November 2009, in response to the Queensland Government’s 2007 request for a review of policing in Indigenous communities. Cabinet broadly supported all six recommendations of the CMC. Five of the CMC recommendations were supported in full, including: a focus on crime preven
Child Protection (Offender Reporting) and other Legislation Amendment Bill 2010 In June 2009 the Ministerial Council for Police and Emergency Management – Police (MCPEMP) endorsed a set of recommendations to establish national consistency in the approach to management of reportable offenders in Australian police jurisdictions. In observation of the MCPEMP recommendations, the Queensland Police Service (QPS) also conducted a review of the Child Protection (Offender Reporting)
Penalties and Sentences (Sent Advis Council Amend Bill 2010 The criminal justice system plays an important role in creating a safe community for Queenslanders. It is vital that the community has confidence in the sentencing process. The Queensland Penalties and Sentences Act 1992 sets out the purposes of sentencing and the guidelines to be followed. It also contains the sentencing options available to the court. The Penalties and Sentences (Sentencing
Review of Domestic and Family Violence Protection Act Cabinet previously endorsed the ‘Queensland Government Strategy to Reduce Domestic and Family Violence 2009-2014’ (the Strategy) and approved the Terms of Reference for a review of the Domestic and Family Violence Protection Act 1989 (DFVPA). The Department of Communities is leading the review of the DFVPA to ensure that the Act supports the implementation of the Strategy and is effective and e
Strengthening Adult Sentencing Regime The criminal justice system plays an important role in creating a safe community for Queenslanders. Equally as important is the need to ensure that people within the community also enjoy a sense of safety. The task of sentencing is complex and is one of the most difficult functions performed by the courts. It is vital that the Queensland community has confidence in the criminal sentencing process
Criminal Code (Images of Violence Against Children) The Member for Moggill and Shadow Minister for Education and Training, Dr Bruce Flegg, introduced the Criminal Code (Filming or Possessing Images of Violence Against Children) Amendment Bill 2009 as a Private Member’s Bill in October 2009. The Explanatory Notes to the Bill state the objective of the Bill is to amend the Criminal Code to provide protection for children who are the targets of cyber
Guidelines for post-coviction DNA testing The Griffith University Innocence Project has suggested law reform in Queensland to assist convicted persons in establishing their innocence through testing of DNA post-appeal. A convicted offender must be required to meet certain criteria to request post-conviction DNA testing. For example, the application must relate to a conviction for an offence carrying a maximum or mandatory penalty of life
Criminal Code and Other Legislation Amendment Bill The primary objectives of the Criminal Code and Other Legislation Amendment Bill 2010 are to: amend the excuse of accident (section 23(1)(b), Criminal Code) to omit the term ‘accident’ and substitute the term with a phrase which better reflects the ‘reasonably foreseeable consequence’ test; recast the partial defence of provocation (section 304, Criminal Code) to address its bias and flaws, as r
Police Legislation Amendment Bill 2010 In June 2010, the Premier and Minister for the Arts announced that legislation to allow for the statewide roll-out of public nuisance ticketing would be introduced into the Parliament later this year, following an evaluation of a 12-month trial. The Police Legislation Amendment Bill 2010 (the Bill) amends the Police Powers and Responsibilities Act 2000 to remove provisions which currently limit th
Referral NonParole Periods Sentencing advisory council The Sentencing Advisory Council for Queensland was established under changes to the Penalties and Sentences Act 1992 (Qld), to help bridge any gap between community expectations, the courts and government on the complex issue of sentencing criminal offenders. The aims behind the Sentencing Advisory Council will be to promote greater consistency in sentencing; stimulate balanced public debate and
Government Response to Sexual Offender Treatment Programs report In 2009, Queensland Corrective Services engaged the services of Professor Stephen Smallbone, from Griffith University’s School of Criminology and Criminal Justice, to independently evaluate the effectiveness of its sex offender treatment programs with particular reference to their impact on recidivism rates. The evaluation considered the recidivism data of 409 adult males who had served a term of
Response to Private Members Bill - Criminal Proceeds Confiscation (Serious and Organised Crime Unexplained Wealth) Amendment Bill 2010 The Member for Southern Downs and Deputy Leader of the Opposition, Mr Lawrence Springborg MP, introduced the Criminal Proceeds Confiscation (Serious and Organised Crime Unexplained Wealth) Amendment Bill 2010 as a Private Member’s Bill on 24 November 2010. The Bill amends the Criminal Proceeds Confiscation Act 2002 (CPC Act) and the Drugs Misuse Act 1986 and allows the State to seek an unexplain
Weapons Amendment Bill 2011 In 2006, the then Minister for Police, Corrective Services and Sport announced a review of the Weapons Act 1990 and subordinate legislation and established the Weapons Review Committee that considered submissions from the public, the weapons industry and the Queensland Police Service. The Committee identified over 440 proposals for legislative change to the Act, the Weapons Categories Regulation 1
Police Powers and Responsibilities (Motor Vehicle Impoundment) Amendment Bill 2011 Between 2007 and 2009 the Queensland Police Service (QPS) evaluated the vehicle impoundment scheme under the Police Powers and Responsibilities Act 2000 (the Act). While the type 2 vehicle impoundment scheme was initially the subject of the evaluation, amendments are also made to the type 1 vehicle impoundment scheme where analogous provisions exist. Eight recommendations were made by the QPS t
Penalties and Sentences and Other Legislation Amendment Bill 2012 As part of its election commitments, the Government pledged to increase the penalty unit value from $100 to $110; and introduce a nominal administration fee on all criminal justice related outcomes in the Supreme and District ($300) and Magistrates ($100) Courts where an offender is found guilty.  The Penalties and Sentences and Other Legislation Amendment Bill 2012 delivers on these commitments b
Criminal Law Amendment Bill 2012 As part of its election commitments the Queensland Government undertook to introduce amendments within its first 100 days of forming Government to toughen the sentences for evade police, murder (including the murder of a police officer) and serious assaults committed upon police officers. The Criminal Law Amendment Bill 2012 delivers on these pre-election commitments by: amending the Criminal Co
Criminal Law Amendment Bill No.2 2012 As part of its pre-election commitments, the Government committed to: ensuring that victim impact statements be read out in court if the victim wishes; toughening the sentencing laws for drug traffickers who target children; requiring drug traffickers to serve at least 80 percent of their sentence before parole eligibility; and requiring all graffiti offenders to remove graffiti and to strengthen
Criminal Law Child Exploitation and Dangerous Drugs Amendment Bill 2012 As part of its Six Month Action Plan the Queensland Government committed to amend laws to address: “synthetic drugs, penalties for child pornography and some child sex offences, including a new child grooming offence”. Key provisions of the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Bill 2012 deliver on these commitments by: amending the Criminal Code to: amend the definit
Criminal Proceeds Confiscation Unexplained Wealth Serious Drug Offender Amendment Bill 2012 In a pre-election commitment, the Government committed to ‘introduce tough new unexplained wealth and drug trafficker declarations to target the ill-gotten gains of drug criminals’. The Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Bill 2012: amends the Criminal Proceeds Confiscation Act 2002 and the Penalties and Sentences Act 1992 to i
Weapons and Other Legislation Amendment Bill 2012 In April 2012, the Government announced that it would introduce mandatory minimum penalties for weapons offences to address the illegal use of firearms. The Bill provides for mandatory minimum periods of imprisonment for the following offences under Weapons Act 1990 (the Act): unlawful trafficking (s 65), unlawful supply (s 50B) and unlawful possession of firearms (s 50). The Bill also provides fo
Criminal Law Amendment (Public Interest Declaration) Amendment Bill 2013 The Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013 amended the Criminal Law Amendment Act 1945 to empower the Governor in Council to declare that a relevant person must be detained under that Act. The Governor in Council may make a ‘public interest declaration’ if satisfied it is in the public interest to make the declaration. A ‘relevant person’ is a person who is subj
Criminal Law Criminal Organisations Disruptions Bill 2013 To deliver on the commitment to implement tougher laws to tackle criminal gangs, the Government has implemented a comprehensive package of legislative reforms contained in three Acts: the Tattoo Parlours Act 2013, the Vicious and Lawless Association Disestablishment Act 2013 and the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013. As foreshadowed in Parliament during the Octob
Penalties and Sentences Indexation Amendment Bill 2013 The penalty unit is the basic monetary value for most fines and penalty infringement notices (PINs, commonly called ‘tickets’). When an offence is created by legislation, the legislation also prescribes the penalty. In most cases the penalty is prescribed as a multiple of the penalty unit. The value of the penalty unit is prescribed in section 5 of the Penalties and Sentences Act 1992 and is $110
Response to Private Members Bill Criminal Code Looting in Declared Areas The Member for Yeerongpilly introduced the Criminal Code (Looting in Declared Areas) Amendment Bill 2013 as a Private Member’s Bill in March 2013. The Explanatory Notes to the Bill indicate that the primary objective of the Bill is to amend Queensland’s Criminal Code to insert new item 13A (Stealing by looting in a declared area) into existing section 398, which sets the punishment regime for the
Tattoo Parlours, Vicious Lawless Disestablishment and Criminal Organisations Disruption Bills On 28 September 2013, in the wake of violence at Broadbeach involving criminal motorcycle gangs, the Queensland Government announced its commitment to: adopt a zero tolerance crackdown on criminal gangs; provide whatever additional resources are necessary for the Queensland Police Service to carry out this crackdown; introduce a range of tougher laws to tackle criminal gangs; and support any move
Appointment Criminal Organisation Public Interest Monitor The Criminal Organisation Act 2009 (the Act) seeks to disrupt and restrict the activities of organisations involved in serious criminal activity and to disrupt and restrict the activities of the members and associates of such organisations who are involved in serious criminal activity. Section 83 of the Act provides for the appointment of the Criminal Organisation Public Interest Monitor (COPIM)
Crime and Misconduct and Other Legislation Amendment Bill 2014 On 3 July 2013, the Queensland Government tabled its response in the Legislative Assembly to the two recent reviews of the Crime and Misconduct Commission (CMC): the review by the Independent Advisory Panel of the Crime and Misconduct Act 2001; and the inquiry by the Parliamentary Crime and Misconduct Committee (PCMC) into the CMC’s release and destruction of Fitzgerald Commission of Inquiry doc
Criminal Code and Another Act (Stock) Amendment Bill 2014 In January 2012, in response to primary industry calls for law reform on stock-related offending, the then Attorney-General approved the formation of a Stock Working Group to review provisions of the Criminal Code and other Acts relating to stock. The Chair of the working group was Mr John Jerrard QC, former Justice of the Queensland Court of Appeal, and the working group was made up of various st
Criminal Law Amendment Bill 2014 The main purpose of the Criminal Law Amendment Bill 2014 (the Bill) is to clarify or otherwise improve the operation of criminal law and criminal law related statutes within the portfolio of the Attorney-General and Minister for Justice. The Bill provides miscellaneous criminal law and other amendments to a number of Acts including: Acts Interpretation Act 1954; Bail Act 1980; Criminal Code; Dange
Statutory review of the Victims of Crime Assistance Act 2009 The Victims of Crime Assistance Act 2009 (VOCA Act) commenced in December 2009. The purposes of the Act are to declare the fundamental principles of justice to underlie the treatment of victims; implement the principles of justice and set out processes to make complaints about conduct inconsistent with the principles; and establish a financial assistance scheme for victims who have suffered from a
Payroll Tax Rebate Revenue and Other Legislation Amendment Bill 2015 The Payroll Tax Rebate, Revenue and Other Legislation Amendment Bill 2015 gives effect to a 2015 election commitment by the Government, funded for three years, in relation to a payroll tax rebate on the wages of apprentices and trainees (the Rebate). The Bill also proposed to amend the following: Payroll Tax Act 1971 – to give effect to the Rebate by extending the application of existing provis
Criminal Law (Domestic Violence) Amendment Bill (No 2) 2015 In February 2015, the Special Taskforce on Domestic and Family Violence provided its report, Not Now, Not Ever: Putting an End to Domestic Violence in Queensland (the report) to the Honourable Annastacia Palaszczuk MP, Premier and Minister for the Arts. The report contains 140 recommendations on how the Government and the Queensland community can better address and reduce domestic and family viole
Health and Other Legislation Amendment Bill 2016 The Health and Other Legislation Amendment Bill 2016 (the Bill) makes legislative amendments to a range of health portfolio Acts to support the implementation of policy initiatives to protect and improve the health of Queenslanders, and to improve the operation of the Acts. The Bill amends: the Hospital and Health Boards Act 2011 to facilitate general practitioners having access to the Queensland
Queensland Organised Crime Commission of Inquiry - Government Response The Queensland Organised Crime Commission of Inquiry commenced on 1 May 2015 by the Commissions of Inquiry Order (No. 1) 2015. Mr Michael Byrne QC was appointed as Commissioner to lead the Inquiry. The terms of reference required the Commission of Inquiry to focus on four key areas: major illicit drug and illicit drug precursor markets; online child sexual offending, including the child exploitat
Australian Crime Commission (Queensland) and Other Legislation Amendment Bill 2016 CrimTrac is a national information management system which enables Australia’s law enforcement agencies to share information. In November 2015, all jurisdictions agreed that CrimTrac should be merged into the Australian Crime Commission (ACC). This will bring together Australia’s national criminal intelligence and information capabilities. The Australian Crime Commission (Queensland) and Other Leg
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2016 The Government will introduce new legislation to give effect to recommendations made by the Crime and Corruption Commission through its review of the Child Protection (Offender Prohibition Order) Act 2008 (CPOPOA). The Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2016 introduces a holistic response to reportable offender management, streamlines the administration of t
Criminal Law Amendment Bill 2016 The Criminal Law Amendment Bill 2016 (the Bill) amends section 304 (Killing on provocation) of the Criminal Code to exclude an unwanted non-violent sexual advance from the ambit of the defence. The Bill also contains a number of other amendments intended to improve or streamline the operation of the criminal laws of Queensland. Cabinet approved the introduction of the Criminal Law Amendment Bill
Victims of Crime Assistance and Other Legislation Amendment Bill 2016 The Final Report on the review of the Victims of Crime Assistance Act 2009 (the VOCA Act review report) was tabled in the Legislative Assembly by the Acting Attorney-General and Minister for Justice and Acting Minister for Training and Skills in December 2015. The Government accepted all of the 15 VOCA Act review report’s recommendations. The VOCA Act review report identified amendments to the Vic
Queensland sentinel events review into homicide and public sector mental health services In March 2015, the Queensland Government approved the commencement of a state-wide clinical review of sentinel events involving individuals with a mental illness, to be managed by Queensland Health (the Sentinel Events Review). An independent review committee was appointed to conduct the clinical review pursuant to the provisions of Part 6, Division 3, of the Hospital and Health Boards Act 2011.
Serious and Organised Crime Legislation Amendment Bill 2016 The Serious and Organised Crime Legislation Amendment Bill (the Bill) implements the Government’s primary legislative response to three reviews commissioned by the Government in relation to organised crime: Queensland Organised Crime Commission of Inquiry; Review of the Criminal Organisation Act 2009; and Taskforce on Organised Crime Legislation. The Bill also introduces the Government’s self-
Responding to Crystal Methamphetamine in Queensland Ice is having a significant adverse impact across many Queensland communities. The increasing prevalence of the drug’s use, the disproportionate levels of harm it can cause, as well as the involvement of organised crime in its production, supply and distribution means that a coordinated whole of government response is needed to tackle this growing problem. Action on Ice is the Queensland Governmen
Crime and Corruption and Other Legislation Amendment Bill 2017 The Crime and Corruption and Other Legislation Amendment Bill 2017 (the Bill) will give effect to the Queensland Government’s commitment to widen the definition of 'corrupt conduct' in the Crime and Corruption Act 2001 by including conduct, such as collusive tendering or fraud in applications for licences or permits issued by government, by people outside the public sector that impairs or could im
Lapsed Legislation for Re-Introduction into Legislative Assembly When the election was called on 29 October 2017, the Parliament was dissolved by proclamation of the Governor. The dissolution has significant effects on the Parliament as follows: All business on the Notice Paper including Government Bills, Private Members Bills and Questions On Notice lapse; All notices of motions remaining on the Notice Paper such as revocation motions lapse, except for disall
Police and Other Legislation (Identity and Biometric Capability) Amendment Bill 2018 At the special meeting of the Council of Australian Governments on Counter-Terrorism on 5 October 2017, leaders agreed to establish a National Facial Biometric Matching Capability and signed an Intergovernmental Agreement (IGA) on Identity Matching Services. This is to help to protect Australians by making it easier for security and law enforcement agencies to identify people who are suspects or
Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018 The Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018 (the Bill) amends the Ministerial and Other Office Holder Staff Act 2010 and the Parliamentary Service Act 1988 to provide the Director-General and the Clerk respectively with explicit power to conduct criminal history checks to assess the suitability of a person to be engaged under these Acts in a Ministerial
Police Powers and Responsibilities and Other Legislation Amendment Bill 2018 The Police Powers and Responsibilities and Other Legislation Amendment Bill 2018 (the Bill) amends the Police Powers and Responsibilities Act 2000 (PPRA) to enhance the delivery of efficient, quality front line services. The Bill creates a new high-risk missing person scheme to provide police with powers to enter certain places with a warrant from a Supreme Court judge or a magistrate, to search f
Criminal Law Historical homosexual Convictions Expungement Bill 2017 The Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017 (the Bill) provides an appropriate framework for the expungement of historical convictions or charges for homosexual acts. The Bill substantively implements the recommendations of the Queensland Law Reform Commission Report No. 74 August 2016, Expunging criminal convictions for historical gay sex offences. The Bill creates
Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017 The Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017 (the Bill) provides an appropriate framework for the establishment, imposition and management of a new sentencing order called a Drug and Alcohol Treatment Order (Treatment Order). The Bill implements the reintroduction of diversionary processes and programs and the recommendations of the Drug
Amendment to Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017 The Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017 (the Bill) provides a framework for the expungement of historical convictions or charges for homosexual acts. The Bill substantively implements the recommendations of the Queensland Law Reform Commission Report No. 74 - August 2016, Expunging criminal convictions for historical gay sex offences. Amendments to be introduced
Appointments of Public Interest Monitor and Deputy Public Interest Monitors The Public Interest Monitor (PIM) and Deputy PIMs are appointed by the Governor in Council under section 324 of the Crime and Corruption Act 2001 and section 740 of the Police Powers and Responsibilities Act 2000. The PIM’s functions include: Appearing in court hearings to test the validity of applications by law enforcement authorities for surveillance device warrants, retrieval warrants, approva
Appointments to Crime Reference Committee Section 274 of Crime and Corruption Act 2001 (the Act) establishes the Crime Reference Committee (the Committee). Section 275 of the Act states that the Committee has the following functions: (a) to refer, as provided under chapter 2, part 2, division 2, major crime to the commission for investigation; (b) to authorise the commission, as provided under chapter 2, part 4, division 2A, to undertak
Queensland Government 12 month progress report - impementation of Action on Ice The use of crystal methamphetamine (ice) in Queensland has led to increased harms to individuals, their families and the broader community including drug dependence, violence and injury, mental and physical health issues and negative impacts on employment and relationships. Ice misuse continues to place a burden on frontline services, law enforcement and the health system. On 10 February 2018, th
Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Bill 2018 The Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Bill 2018 (the Bill) creates new offences targeting the non-consensual sharing of intimate images, including threats to distribute intimate images and in circumstances where the material may not exist. The Bill: introduces a new offence prohibiting the non-consensual distribution of intimate images of another person in a way t
Criminal Code and Other Legislation Amendment Bill 2019 The Queensland Sentencing Advisory Council (the Council) is an independent body established under Part 12 of the Penalties and Sentences Act 1992. The functions of the Council include, if asked by the Attorney-General, to advise the Attorney-General on matters relating to sentencing. On 25 October 2017, the Attorney-General and Minister for Justice and Leader of the House issued terms of reference
Criminal Code (Child Sexual Offences Reform) Bill 2019 The Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019 contains a comprehensive package of amendments intended to improve the responsiveness of the criminal justice system to child sexual offending and the victims of child sexual offences by: implementing recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse - Criminal Justi
Criminal Code (Consent and Mistake of Fact) and Other Legislation Amend Bill 2020 The Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020 will implement the recommendations of the Queensland Law Reform Commission’s report ‘Review of consent laws and the excuse of mistake of fact’ (the QLRC report) and progress a second tranche of the Government’s legislative response to the final evaluation report of the Tackling Alcohol-Fuelled Violence Policy
Queensland Law Reform Commission report on consent and mistake of fact On 2 September 2019, the Attorney-General and Minister for Justice and Leader of the House asked the Queensland Law Reform Commission (QLRC) to examine the operation and practical application of both the definition of consent under section 348 of the Criminal Code 1899 (Qld) (Criminal Code) and the excuse of mistake of fact as it applies to sexual offences in the Criminal Code, and to provide draf
Lapsed Legislation for reintroduction to Legislative Assembly The Parliament was dissolved on 6 October 2020 for the 2020 State election, held on 31 October 2020. The dissolution had significant effects on the Parliament as follows: All business on the Notice Paper including Government Bills, Private Members Bills and Questions On Notice lapsed; All notices of motions remaining on the Notice Paper such as revocation motions lapsed, except for disallowance m
Appointment of Public Interest Monitor The Public Interest Monitor is appointed by the Governor in Council under section 740 of the Police Powers and Responsibilities Act 2000 and section 324 of the Crime and Corruption Act 2001. The role of the Public Interest Monitor includes (among other matters) appearing at court hearings to test the validity of applications by law enforcement authorities for surveillance device warrants, retrieva
Proposals to respond to serious recidivist youth offenders The Queensland Government remains committed to community safety, reducing youth offending and reducing crime victimisation. Queensland Police Service (QPS) data shows a continued decrease in the number of unique youth offenders coming to the attention of police. However, there is a small cohort of serious recidivist youth offenders who engage in persistent and serious offending and are driving mu
Framework for parole decisions about prisoners Under Queensland’s Criminal Code, the offence of murder carries mandatory life imprisonment or the imposition of an indefinite sentence under Part 10 of the Penalties and Sentences Act 1992. The Criminal Code, read in conjunction with the Corrective Services Act 2006, sets mandatory minimum non-parole periods for the offence of murder; that is, the minimum period an offender must spend in prison b
Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021 The Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021 (the Bill) amends the Police Powers and Responsibilities Act 2000 (PPRA), Oaths Regulation 2021 (Oaths Regulation), Police Service Administration Act 1990 (PSAA), Police Service Administration Regulation 2016 (PSAR) and the Weapons Act 1990 (Weapons Act). The amendments are designed to support the efficient and effective
Referral of serious vilification and hate crime law reform to the Legal Affairs and Safety Committee On 21 August 2020, the Cohesive Communities Coalition wrote to the Premier and Minister for Trade advocating for legislative reform regarding serious vilification and ‘hate crimes’ and attaching an options paper entitled 'Serious vilification and hate crime: The need for legislative reform'. The Deputy Premier and former Health Minister responded to the Cohesive Communities Coalition committing to
Inspector of Detention Services Bill 2021 Since 2016, a number of reviews into elements of Queensland’s criminal justice system have considered the existing layers of accountability over Queensland’s places of detention and recommended the establishment of an independent inspectorate to oversee adult prisons, youth detention centres and police watch-houses. These reviews include the Queensland Parole System Review, the Independent Review
Queensland’s position on Minimum Age of Criminal Responsibility Across Australia, a child under 10 years of age cannot be prosecuted for a criminal offence (minimum age of criminal responsibility). A rebuttable presumption, known as doli incapax, exists for children between 10 and 14 years of age. In Queensland, the presumption requires the prosecution to prove, beyond a reasonable doubt, that the child had the capacity to know that the child ought not commit
Amendments to support video recorded evidence and testing and examination of human remains On 5 April 2019, Mr Terry Ryan, State Coroner, delivered his findings under the Coroners Act 2003 of the inquest into the disappearance and death of Daniel James Morcombe. Recommendation 2 of the findings provides that the Queensland Government amend the Criminal Code to ensure a time limit is imposed on the testing of human remains in circumstances where the prosecution and defence fail to reach
Government Response to the Community Support and Services Committee Report No. 16, 57th Parliament The Community Support and Services Committee tabled its report on the Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021 (the Report) on 15 March 2022. The Report contains four recommendations for Government action that propose a range of operational responses relating to: the adequacy of training provided to residential care workers and legal stakeholders in relation to particul
Response to Parliamentary Committee Report No 22 Inquiry into serious vilification and hate crime On 31 January 2022, the Legal Affairs and Safety Committee (LASC) tabled its Report on serious vilification and hate crime in Queensland in the Legislative Assembly. Pursuant to the Parliament of Queensland Act 2001 (POQ Act), a Government response to the LASC Report must be tabled in Parliament. The Report contains 17 recommendations, primarily relating to the operation of offences, the improvem
Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022 The Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022 (the Bill) seeks to ensure the legislative framework which underpins the child protection registry scheme remains contemporary, accounts for changes in offending patterns and is continually improved to enhance its ability to protect the lives and sexual safety of children. The Bill am
Police Powers and Responsibilities and Other Legislation Amendment Bill 2023 The Police Powers and Responsibilities and Other Legislation Amendment Bill 2023 (Bill) amends the: Police Powers and Responsibilities Act 2000 (PPRA) and other legislation to expand the scope of the police drug diversion program (PDDP); Drugs Misuse Act 1986 (DMA) to increase the maximum penalty for trafficking in dangers drugs; PPRA to create a circumstance of aggravation to the police evasion o
Criminal Code (Serious Vilification & Hate Crimes) & Other Legislation Amendment On 31 January 2022, the Legal Affairs and Safety Committee tabled its Report No. 22, 57th Parliament, Inquiry into serious vilification and hate crimes (LASC Report) in the Legislative Assembly. The Report contains 17 recommendations, primarily relating to the operation of offences, the improvement of record keeping and reporting of serious vilification and hate crime, and community education and
Victims of Crime Assistance and Other Legislation Amendment Bill 2023 On 28 September 2023, the Queensland Government announced a significant reform package to better support victims of crime and their families. The Victims of Crime Assistance and Other Legislation Amendment Bill 2023 (Bill) seeks to implement the announced reforms to increase the amount of financial support available to victims of crime and their families by amending the Victims of Crime Assistanc
10.Appointment of Assisting Clinicians to the Mental Health Court Established under the Mental Health Act 2016, the Mental Health Court is constituted by a Judge of the Supreme Court of Queensland, assisted in relation to psychiatric and intellectual disability matters by assisting clinicians to enable mentally ill and intellectually disabled offenders to be moved from the criminal justice system into the mental health system. An assisting clinician may be a psy
Appointment of Assisting Clinicians to Mental Health Court Established under the Mental Health Act 2016, the Mental Health Court is constituted by a Judge of the Supreme Court of Queensland, assisted in relation to psychiatric and intellectual disability matters by assisting clinicians to enable mentally ill and intellectually disabled offenders to be moved from the criminal justice system into the mental health system. An assisting clinician may be a psy
Response to interim report from COI into Forensic DNA Testing in Queensland On 6 June 2022, the Queensland Government announced an independent Commission of Inquiry into Forensic DNA testing in Queensland led by the former President of the Court of Appeal, retired judge Mr Walter Sofronoff KC. The Commission of Inquiry was established to ensure transparency, identify opportunities for improvement and ensure public confidence in the collection of DNA and the testing and an
Response to Committee Report Decriminalising offences On 24 June 2022, the Legislative Assembly referred to the Community Support and Services Committee (the Committee) an inquiry into decriminalising public intoxication, begging and public urination offences, and health and social welfare-based responses. On 31 October 2022, the Committee tabled Report No. 23, Towards a healthier, safe, more just and compassionate Queensland: decriminalising the off
Response to Committee Report Inquiry into support provided to victims of crime On 19 May 2023, the Legal Affairs and Safety Committee (the Committee) tabled Report No. 48, 57th Parliament, Inquiry into support provided to victims of crime (Report) in the Legislative Assembly. Pursuant to the Parliament of Queensland Act 2001, a Government response to the report must be tabled in Parliament. The Report contains 18 recommendations, that relate to support and advocacy to assis
Summary Offences and Other Legislation Amendment Bill 2023 The Summary Offences and Other Legislation Amendment Bill 2023 (the Bill) amends the Summary Offences Act 2005 and the Police Powers and Responsibilities Act 2000. The Bill aims to promote community safety, reduce the accessibility of dangerous knives and other weapons to young people, disrupt and deter violent offences and curb the notoriety of weapon possession by: prohibiting the sale of knives
Victims’ Commissioner and Sexual Violence Review Board Bill 2024 On 1 July 2022, the Women’s Safety and Justice Taskforce released its second report, Hear Her Voice – Report 2 – Women and girls’ experience in the criminal justice system (Taskforce Report Two), which included several recommendations including the establishment of a victims’ commissioner and sexual violence case review board in Queensland. On 21 November 2022, the Queensland Government response t
Appointment of DPP Section 4A of the Director of Public Prosecutions Act 1984 provides that there is to be a Director of Public Prosecutions (DPP) and establishes the Office of the Director of Public Prosecutions (ODPP). The ODPP’s responsibility is to prosecute criminal matters in the High Court of Australia, Court of Appeal (Qld), Supreme, Mental Health and District Courts and the Magistrates Court (in limited lo