{"id":"BILL-QLD-3232","name":"Making Queensland Safer Bill 2024","slug":"making-queensland-safer-bill-2024","collection":"bill","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2024-01-01","administeringDepartment":null,"currentVersion":{"id":446122,"registerId":"BILL-QLD-3232:current","compilationNumber":null,"startDate":"2024-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-06T12:45:24.135Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Making Queensland Safer Bill 2024\n\nQueensland\nMaking Queensland Safer Bill\n2024\n\nQueensland\nMaking Queensland Safer Bill 2024\nContents\nPage\nPart 1 Preliminary\n1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\n2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\nPart 2 Amendment of Childrens Court Act 1992\n3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\n4 Amendment of s 20 (Who may be present at a proceeding) . . . . 6\n5 Insertion of new pt 7, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\nDivision 7 Transitional provisions for Making Queensland Safer Act\n2024\n40 Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . 8\n41 Application of new s 20 . . . . . . . . . . . . . . . . . . . . . . . 9\n42 Existing exclusion orders . . . . . . . . . . . . . . . . . . . . . . 9\nPart 3 Amendment of Criminal Code\n6 Code amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9\n7 Amendment of s 328A (Dangerous operation of a vehicle) . . . . . 9\n8 Amendment of s 590AH (Disclosure that must always be made) 10\nPart 4 Amendment of Youth Justice Act 1992\nDivision 1 Preliminary\n9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10\nDivision 2 Amendments commencing on assent\n10 Amendment of s 13 (Police officer’s power of arrest preserved in particular\ngeneral circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11\n11 Amendment of s 48AA (Matters to be considered in making particular\ndecisions about release and bail) . . . . . . . . . . . . . . . . . . . . . . . . 11\n12 Amendment of s 56 (Custody of child if not released by court) . . 11\n13 Amendment of s 134 (Offender treated as child) . . . . . . . . . . . . 12\n14 Replacement of ss 135–139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12\n135 Offender to be remanded in a corrective services facility 12\n\nContents\nMaking Queensland Safer Bill 2024\nPage 2\nAuthorised by the Parliamentary Counsel\n136 Application of Corrective Services Act 2006 . . . . . . . 13\n15 Amendment of s 150 (Sentencing principles) . . . . . . . . . . . . . . . 14\n16 Amendment of s 150A (Serious repeat offenders) . . . . . . . . . . . 16\n17 Amendment of s 150B (Court must rely on earlier serious repeat offender\ndeclaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16\n18 Amendment of s 175 (Sentence orders—general) . . . . . . . . . . . 16\n19 Insertion of new s 175A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17\n175A Sentence orders—significant offences to which adult\npenalties apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17\n20 Amendment of s 176 (Sentence orders—life and other significant\noffences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20\n21 Amendment of s 181 (Other orders) . . . . . . . . . . . . . . . . . . . . . . 20\n22 Amendment of s 183 (Recording of conviction) . . . . . . . . . . . . . 21\n23 Amendment of s 192A (Preconditions to making restorative justice order)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21\n24 Omission of s 208 (Detention must be only appropriate sentence) 21\n25 Amendment of s 210 (Detention to be served in detention centre) 21\n26 Amendment of s 227 (Release of child after service of period of\ndetention) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22\n27 Amendment of s 228 (Chief executive’s supervised release order) 22\n28 Amendment of s 234 (Court may allow publication of identifying\ninformation about a child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22\n29 Amendment of s 245 (Court’s power on breach of a community based\norder other than a conditional release order) . . . . . . . . . . . . . . . 23\n30 Amendment of pt 7, div 15, hdg (Application of Acts applying to victims)\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23\n31 Insertion of new s 256A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23\n256A Penalties and Sentences Act 1992, pt 10B . . . . . . . . 23\n32 Amendment of s 263 (Management of detention centres) . . . . . 24\n33 Replacement of pt 8, div 2A (Transfer of detainees to corrective services\nfacilities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24\nDivision 2A Persons to be detained in corrective services facility\nSubdivision 1 When persons must be detained in corrective services\nfacility\n276A Persons who turn 18 years before delivery into custody of\nchief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24\n276B Persons who turn 18 years before period of detention begins\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26\n276C Persons who turn 18 years while held on remand or serving\nperiod of detention . . . . . . . . . . . . . . . . . . . . . . . . . . . 27\n\nContents\nMaking Queensland Safer Bill 2024\nPage 3\nAuthorised by the Parliamentary Counsel\nSubdivision 2 Chief executive may direct detainment in detention\ncentre\n276D Chief executive may direct particular person be detained in\ndetention centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28\nSubdivision 3 Application of Corrective Services Act 2006\n276E Application of Corrective Services Act 2006 . . . . . . . 29\n34 Amendment of s 289 (Recording, use or disclosure for authorised\npurpose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31\n35 Amendment of s 301A (Protection from liability) . . . . . . . . . . . . . 31\n36 Insertion of new pt 11, div 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . 31\nDivision 25 Transitional provisions for Making Queensland Safer\nAct 2024\n429 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . 31\n430 Application of new pt 6, div 11 . . . . . . . . . . . . . . . . . . 31\n431 Application of former ss 135 and 136 for person detained in\ndetention centre before commencement . . . . . . . . . . 32\n432 Applications made under former s 139 before\ncommencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32\n433 Application of new pt 7 and sch 1 . . . . . . . . . . . . . . . 32\n434 Application of Criminal Code, s 305 . . . . . . . . . . . . . 33\n435 Application of new pt 8, div 2A . . . . . . . . . . . . . . . . . 33\n436 Continued application of former pt 8, div 2A for existing\ndecisions by chief executive about prison transfer notices 34\n437 Continued application of former pt 8, div 2A for existing court\napplications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35\n441 Transitional regulation-making power . . . . . . . . . . . . 35\n37 Amendment of sch 1 (Charter of youth justice principles) . . . . . . 36\n38 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 36\nDivision 3 Amendments commencing on proclamation\n39 Insertion of new s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38\n6 Meaning of criminal history of a child . . . . . . . . . . . . 38\n40 Amendment of s 11 (Police officer to consider alternatives to proceeding\nagainst child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39\n41 Amendment of s 15 (Police officer may administer a caution) . . 39\n42 Amendment of s 18 (Caution procedure must involve explanation) 39\n43 Amendment of s 20 (Child must be given a notice of caution) . . 39\n44 Amendment of s 21 (Childrens Court may dismiss charge if caution\nshould have been administered or no action taken) . . . . . . . . . . 39\n45 Amendment of s 22 (When police officer may refer offence for restorative\njustice process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40\n\nContents\nMaking Queensland Safer Bill 2024\nPage 4\nAuthorised by the Parliamentary Counsel\n46 Amendment of s 36 (Conference agreement) . . . . . . . . . . . . . . . 40\n47 Amendment of s 148 (Evidence of childhood finding of guilt not\nadmissible against adult) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40\n48 Insertion of new ss 148AA and 148AB . . . . . . . . . . . . . . . . . . . . 41\n148AA Admissibility and use of childhood criminal history in\nsentencing adults . . . . . . . . . . . . . . . . . . . . . . . . . . . 41\n148AB Admissibility of childhood finding of guilt against adult for\nparticular purposes . . . . . . . . . . . . . . . . . . . . . . . . . . 42\n49 Renumbering of ss 148AA–148A . . . . . . . . . . . . . . . . . . . . . . . . 43\n50 Amendment of s 150 (Sentencing principles) . . . . . . . . . . . . . . . 43\n51 Amendment of s 150A (Serious repeat offenders) . . . . . . . . . . . 43\n52 Omission of s 154 (Finding of guilt as child may be disclosed while a\nchild) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43\n53 Amendment of s 252G (Matters relevant to making further order) 43\n54 Replacement of ss 282A and 282B . . . . . . . . . . . . . . . . . . . . . . . 43\n282A Eligible persons register . . . . . . . . . . . . . . . . . . . . . . 44\n282B Requirement for non-release declaration . . . . . . . . . 46\n282BA Applying for registration as an eligible person . . . . . . 46\n55 Amendment of s 282D (Deciding application) . . . . . . . . . . . . . . . 47\n56 Amendment of s 282E (Removing details from eligible persons register\netc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48\n57 Amendment of s 282F (Releasing information) . . . . . . . . . . . . . . 48\n58 Insertion of new ss 438–440 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48\n438 Admissibility and use of childhood criminal histories and\nparticular findings of guilt . . . . . . . . . . . . . . . . . . . . . . 48\n439 Criminal histories . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49\n440 Release of information to eligible persons . . . . . . . . 50\n59 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 50\nPart 5 Other amendments\n60 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50\nSchedule 1 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51\nCorrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . 51\nDangerous Prisoners (Sexual Offenders) Act 2003 . . . . . . . . . . 51\nEvidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51\nPenalties and Sentences Act 1992 . . . . . . . . . . . . . . . . . . . . . . . 52\nPolice Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . 52\nYouth Justice Regulation 2016 . . . . . . . . . . . . . . . . . . . . . . . . . . 52\n\n2024\nA Bill\nfor\nAn Act to amend the Childrens Court Act 1992, the Criminal\nCode, the Youth Justice Act 1992 and the legislation mentioned\nin schedule 1 for particular purposes\n\nPage 6\nAuthorised by the Parliamentary Counsel\n[s 1]\nMaking Queensland Safer Bill 2024\nPart 1 Preliminary\nThe Parliament of Queensland enacts—\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Making Queensland Safer Act\n2024.\n2 Commencement\nThe following provisions commence on a day to be fixed by\nproclamation—\n(a) part 3;\n(b) part 4, division 3.\nPart 2 Amendment of Childrens Court\nAct 1992\n3 Act amended\nThis part amends the Childrens Court Act 1992.\n4 Amendment of s 20 (Who may be present at a\nproceeding)\n(1) Section 20(1)(c)(i) to (iv)—\nomit, insert—\n(i) a victim, or a relative of a victim, of the\noffence committed by the child; or\n(ii) a relative of a deceased victim of the offence\ncommitted by the child; or\n1\n2\nClause 3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\nClause 13\n14\nClause 15\n16\n17\n18\n19\n20\n21\n22\n\nPage 7\nAuthorised by the Parliamentary Counsel\n[s 4]\nMaking Queensland Safer Bill 2024\nPart 2 Amendment of Childrens Court Act 1992\n(iii) a person who is a representative of a victim,\nor of a relative of a deceased victim, of the\noffence committed by the child; or\nExamples for subparagraph (iii)—\n• a person who provides support or assistance to a\nvictim, or a relative of a deceased victim, in relation\nto the proceeding\n• a member of an organisation that is providing\nsupport or assistance to a victim, or a relative of a\ndeceased victim, in relation to the proceeding\n(iv) a person who, in the court’s opinion, has a\nproper interest in the proceeding; or\n(v) a person holding media accreditation; or\n(2) Section 20(2) to (4)—\nomit.\n(3) Section 20(6), ‘subsections (1) and (2)’—\nomit, insert—\nsubsection (1)\n(4) Section 20(9), definitions accredited media entity, criminal\nproceeding and relative—\nomit.\n(5) Section 20(9)—\ninsert—\ncriminal proceeding means a proceeding under\nthe Youth Justice Act 1992 in relation to an\noffence committed by a child, and includes an\nappeal proceeding, a sentence review or a\nproceeding for the sentencing of a child.\nmedia accreditation means accreditation under\nthe Supreme Court’s media accreditation policy.\noffence, committed by a child, includes an\noffence the child is alleged to have committed.\nrelative—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 8\nAuthorised by the Parliamentary Counsel\n[s 5]\nMaking Queensland Safer Bill 2024\nPart 2 Amendment of Childrens Court Act 1992\n(a) of a victim of an offence committed by a\nchild, means—\n(i) a spouse, child, step-child, parent,\nstep-parent, sibling, step-sibling, aunt,\nuncle, grandparent or grandchild of the\nvictim; or\n(ii) a child, other than a child mentioned in\nsubparagraph (i), for whom the victim\nhas parental responsibility; or\n(iii) a person who, under Aboriginal\ntradition or Island custom, is regarded\nas a person mentioned in subparagraph\n(i) or (ii); or\n(b) of a deceased victim of an offence\ncommitted by a child, means a person who\nwould be a relative mentioned in paragraph\n(a) if the victim were not deceased.\n(6) Section 20(5) to (9)—\nrenumber as section 20(2) to (6).\n5 Insertion of new pt 7, div 7\nPart 7—\ninsert—\nDivision 7 Transitional provisions for\nMaking Queensland Safer\nAct 2024\n40 Definition for division\nIn this division—\nnew section 20 means section 20 as in force from\nthe commencement.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\nClause 20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 9\nAuthorised by the Parliamentary Counsel\n[s 6]\nMaking Queensland Safer Bill 2024\nPart 3 Amendment of Criminal Code\n41 Application of new s 20\nSubject to section 42, new section 20 applies in\nrelation to a proceeding whether the proceeding\nwas started before, or is started after, the\ncommencement of this section.\n42 Existing exclusion orders\n(1) This section applies in relation to an exclusion\norder made by the court under former section 20\nif the order—\n(a) was in effect immediately before the\ncommencement; and\n(b) applies in relation to a proceeding that has\nnot been decided, discontinued, finalised or\nwithdrawn immediately before the\ncommencement.\n(2) A person who is subject to the exclusion order\nmay apply to the court to have the order set aside.\n(3) If the court is satisfied the applicant is a person\nmentioned in new section 20(1)(c), the court must\nset aside the exclusion order.\n(4) In this section—\nformer section 20 means section 20 as in force\nfrom time to time before the commencement.\nPart 3 Amendment of Criminal Code\n6 Code amended\nThis part amends the Criminal Code.\n7 Amendment of s 328A (Dangerous operation of a vehicle)\nSection 328A(6)—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\nClause 25\n26\nClause 27\n28\n\nPage 10\nAuthorised by the Parliamentary Counsel\n[s 8]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\ninsert—\npreviously convicted, for an offender who is an\nadult, includes a previous finding of guilt, within\nthe meaning of the Youth Justice Act 1992,\nschedule 4, against the offender as a child.\nNote—\nSee the Youth Justice Act 1992, section 148B in relation\nto the admissibility of evidence about a previous finding\nof guilt.\n8 Amendment of s 590AH (Disclosure that must always be\nmade)\n(1) Section 590AH(2)(b), after ‘criminal history’—\ninsert—\n, and the accused person’s childhood criminal\nhistory information,\n(2) Section 590AH(4)—\ninsert—\nchildhood criminal history information, of an\naccused person, means a document containing\nany evidence the prosecution intends to adduce\nunder the Youth Justice Act 1992, section 148A or\n148B in relation to the accused person’s criminal\nhistory as a child.\nPart 4 Amendment of Youth Justice\nAct 1992\nDivision 1 Preliminary\n9 Act amended\nThis part amends the Youth Justice Act 1992.\n1\n2\n3\n4\n5\n6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\nClause 27\n28\n\nPage 11\nAuthorised by the Parliamentary Counsel\n[s 10]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nDivision 2 Amendments commencing on\nassent\n10 Amendment of s 13 (Police officer’s power of arrest\npreserved in particular general circumstances)\nSection 13(1)(a)(iv), note—\nomit.\n11 Amendment of s 48AA (Matters to be considered in\nmaking particular decisions about release and bail)\nSection 48AA(4)(b)(i)—\nomit.\n12 Amendment of s 56 (Custody of child if not released by\ncourt)\n(1) Section 56(2)—\ninsert—\nNote—\nHowever, subsection (2)(b) stops applying if a child is in\ncustody in a watch-house and the child turns 18 years.\nSee section 276A.\n(2) Section 56—\ninsert—\n(4A) However, in deciding the date, the chief executive\nmust not have regard to the effect of section\n276A.\n(3) Section 56(6), ‘section 136, 137 or 138’—\nomit, insert—\nsection 135\n1\n2\nClause 3\n4\n5\n6\nClause 7\n8\n9\n10\nClause 11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Page 12\nAuthorised by the Parliamentary Counsel\n[s 13]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n13 Amendment of s 134 (Offender treated as child)\nSection 134, ‘division,’—\nomit, insert—\ndivision and part 8, division 2A,\n14 Replacement of ss 135–139\nSections 135 to 139—\nomit, insert—\n135 Offender to be remanded in a corrective\nservices facility\n(1) This section applies if—\n(a) both of the following apply—\n(i) a court remands an offender in custody\nin connection with a charge of an adult\noffence;\n(ii) the offender is already being held on\nremand in the chief executive’s custody\nor serving a period of detention in\nconnection with a child offence, or\notherwise being held in custody in a\ndetention centre; or\n(b) both of the following apply—\n(i) a court remands an offender in custody\nin connection with a charge of a child\noffence, or both a child offence and an\nadult offence;\n(ii) the offender is not already being held\non remand in the chief executive’s\ncustody or serving a period of\ndetention in connection with a child\noffence, or otherwise being held in\ncustody in a detention centre; or\n(c) both of the following apply—\nClause 1\n2\n3\n4\nClause 5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 13\nAuthorised by the Parliamentary Counsel\n[s 14]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(i) a court remands an offender in custody\nin connection with a charge of a child\noffence;\n(ii) the offender is already being held on\nremand, serving a term of\nimprisonment, or otherwise being held\nin custody, in a corrective services\nfacility.\n(2) The offender must be held on remand in a\ncorrective services facility, unless a direction by\nthe chief executive under section 276D is in effect\nfor the offender.\n(3) Subsection (4) applies if an offender mentioned in\nsubsection (1)(a) is sentenced to a term of\nimprisonment for the adult offence.\n(4) If a direction by the chief executive under section\n276D is in effect for the offender, the offender\nmust serve the term of imprisonment in a\ndetention centre while the direction is in effect.\n(5) The part of a term of imprisonment served in a\ndetention centre under subsection (4) must be\ncounted as part of the term of imprisonment.\n(6) Subsection (7) applies if an offender mentioned in\nsubsection (1)(b) or (c) is sentenced to a period of\ndetention for a child offence.\n(7) The offender must serve the period of detention as\na term of imprisonment in a corrective services\nfacility.\n136 Application of Corrective Services Act 2006\n(1) This section applies if, under section 135(2) or\n(7), an offender is required to be held on remand\nor serve a period of detention for a child offence\nas a term of imprisonment in a corrective services\nfacility.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 14\nAuthorised by the Parliamentary Counsel\n[s 15]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(2) For holding the offender at a corrective services\nfacility—\n(a) the offender is taken to be a prisoner under\nthe Corrective Services Act 2006; and\n(b) any rights, liberties or immunities of the\noffender as a detainee under this Act in\nrelation to the child offence are not\npreserved, transferred or otherwise\napplicable for the offender as a prisoner; and\n(c) if the offender is serving a period of\ndetention, or liable to serve a period of\ndetention—\n(i) the offender is liable to serve a term of\nimprisonment equal to the period of\ndetention the offender remains liable to\nserve when the offender enters the\ncorrective service facility under section\n135(7)(b); and\n(ii) the day the offender would otherwise\nhave been released under section 227,\nfor the period of detention, is the day\nthe offender is to be released on parole\nunder the Corrective Services Act\n2006.\n(3) However, the release of the offender under\nsubsection (2)(c)(ii) is subject to the Corrective\nServices Act 2006 as if granted under a court\nordered parole order (the statutory parole order)\nand the provisions of that Act applying to parole\norders also apply to the statutory parole order.\n15 Amendment of s 150 (Sentencing principles)\n(1) Section 150, before subsection (1)—\ninsert—\n(1AA) In sentencing a child for an offence, a court must\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\nClause 31\n32\n33\n34\n\nPage 15\nAuthorised by the Parliamentary Counsel\n[s 15]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nnot have regard to—\n(a) any principle that a detention order should\nonly be imposed as a last resort; or\n(b) any principle that a sentence that allows the\nchild to stay in the community is preferable.\n(1AB) In sentencing a child for an offence, a court must\nhave primary regard to any impact of the offence\non a victim, including harm mentioned in\ninformation relating to the victim given to the\ncourt under the Penalties and Sentences Act 1992,\nsection 179K.\n(2) Section 150(1)—\ninsert—\n(ba) the matter to which the court must have\nprimary regard under subsection (2); and\n(3) Section 150(1)(c), ‘subsection (2)’—\nomit, insert—\nsubsection (4)\n(4) Section 150(1)(j)—\nomit.\n(5) Section 150(2)(b) and (e)—\nomit.\n(6) Section 150(4), ‘subsection (1)(i)’—\nomit, insert—\nsubsection (3)(i)\n(7) Section 150—\ninsert—\n(5) For the purposes of the Human Rights Act 2019,\nsection 43(1), it is declared that subsection (1) has\neffect—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 16\nAuthorised by the Parliamentary Counsel\n[s 16]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(a) despite being incompatible with human\nrights; and\n(b) despite anything else in the Human Rights\nAct 2019.\nNote—\nUnder the Human Rights Act 2019, section 45(2), this\nsubsection expires 5 years after the commencement.\n(8) Section 150(1AA) to (6)—\nrenumber as section 150(1) to (11).\n16 Amendment of s 150A (Serious repeat offenders)\nSection 150A(3)—\ninsert—\n(f) the matter to which the court must have\nprimary regard under section 150(2).\n17 Amendment of s 150B (Court must rely on earlier serious\nrepeat offender declaration)\nSection 150B(2), ‘to (e)’—\nomit, insert—\nto (f)\n18 Amendment of s 175 (Sentence orders—general)\n(1) Section 175(1)(d)(i), after ‘judge’—\ninsert—\nand section 175A does not apply\n(2) Section 175(1)(d)(ii), ‘section 176 does not apply’—\nomit, insert—\nneither section 175A nor 176 applies\n(3) Section 175(1)(g)(i), after ‘judge’—\n1\n2\n3\n4\n5\n6\n7\n8\n9\nClause 10\n11\n12\n13\n14\nClause 15\n16\n17\n18\n19\nClause 20\n21\n22\n23\n24\n25\n26\n27\n\nPage 17\nAuthorised by the Parliamentary Counsel\n[s 19]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\ninsert—\nand section 175A does not apply\n(4) Section 175(1)(g)(ii), ‘section 176 does not apply’—\nomit, insert—\nneither section 175A nor 176 applies\n19 Insertion of new s 175A\nAfter section 175—\ninsert—\n175A Sentence orders—significant offences to\nwhich adult penalties apply\n(1) This section applies if a court is sentencing a child\nfor an offence against any of the following\nprovisions of the Criminal Code—\n(a) sections 302 and 305;\n(b) sections 303 and 310;\n(c) section 314A;\n(d) section 317;\n(e) section 320;\n(f) section 323;\n(g) section 328A;\n(h) section 340;\n(i) section 408A;\n(j) sections 409 and 411;\n(k) section 419;\n(l) section 421;\n(m) section 427.\n(2) The court may—\n1\n2\n3\n4\n5\nClause 6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 18\nAuthorised by the Parliamentary Counsel\n[s 19]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(a) order that the child be placed on probation\nfor a period not longer than 3 years; or\n(b) order that the child be detained for a period\nnot more than the maximum term of\nimprisonment that an adult convicted of the\noffence could be ordered to serve.\n(3) Section 155 does not apply to the court.\n(4) A requirement under the Criminal Code that a\nterm of imprisonment must be the penalty, or a\npart of the penalty, for the offence is taken to be a\nrequirement that a period of detention must be the\npenalty, or a part of the penalty, for the offence.\n(5) A requirement under the Criminal Code that a\nminimum term of imprisonment must be served\nfor the offence is taken to be a requirement that a\nminimum period of detention must be served for\nthe offence.\n(6) The court may make a detention order—\n(a) with or without a conditional release order\nunder section 220; and\n(b) if section 234 applies—with or without an\norder under that section.\n(7) If the court is sentencing the child to detention for\nlife on a conviction of murder—\n(a) the Criminal Code, section 305(2), (3) and\n(4) applies; and\n(b) for that purpose, a reference in the Criminal\nCode, section 305 to imprisonment is taken\nto be a reference to detention.\nNote—\nFor the child’s parole eligibility, see section 233 of this\nAct and the Corrective Services Act 2006, section 181.\n(8) Section 175(1)(da) and (db) does not apply to the\ncourt.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 19\nAuthorised by the Parliamentary Counsel\n[s 19]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(9) If the offence is a prescribed offence under the\nPenalties and Sentences Act 1992, section 108A,\nthen part 5, division 2, subdivision 2 of that Act\napplies—\n(a) as if a reference in that subdivision to a\ncommunity service order were a reference to\na community service order under this Act;\nand\n(b) as if a reference in that subdivision to a\ngraffiti removal order were a reference to a\ngraffiti removal order under this Act; and\n(c) as if a reference in that subdivision to the\nperiod mentioned in section 103(2)(b) of\nthat Act were a reference to the period\nwithin which the number of hours stated in\nthe community service order must be\nperformed under this Act; and\n(d) as if a reference in that subdivision to\nserving a term of imprisonment in a\ncorrective services facility were a reference\nto serving a period of detention.\n(10) Section 195(a) does not apply to the making of a\ncommunity service order under subsection (9) but\nsubsection (9) applies subject to section 195(b)\nand (c).\n(11) This section—\n(a) applies despite anything else in this Act; and\n(b) subject to subsection (8), does not limit a\ncourt’s power to make an order under\nsection 175.\n(12) For the purposes of the Human Rights Act 2019,\nsection 43(1), it is declared that this section has\neffect—\n(a) despite being incompatible with human\nrights; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n\nPage 20\nAuthorised by the Parliamentary Counsel\n[s 20]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(b) despite anything else in the Human Rights\nAct 2019.\nNote—\nUnder the Human Rights Act 2019, section 45(2),\nthis subsection expires 5 years after the\ncommencement.\n20 Amendment of s 176 (Sentence orders—life and other\nsignificant offences)\n(1) Section 176, heading, ‘life and’—\nomit.\n(2) Section 176(6) to (8)—\nomit.\n(3) Section 176(10), definition relevant offence, before paragraph\n(a)—\ninsert—\n(aa) an offence mentioned in section 175A(1);\n(4) Section 176(10), definition relevant offence, paragraph (b)—\nomit.\n(5) Section 176(10), definition relevant offence, paragraphs (aa)\nand (a)—\nrenumber as paragraphs (a) and (b).\n(6) Section 176(9) and (10)—\nrenumber as section 176(6) and (7).\n21 Amendment of s 181 (Other orders)\nSection 181, after ‘175’—\ninsert—\n, 175A\n1\n2\n3\n4\n5\n6\nClause 7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\nClause 24\n25\n26\n27\n\nPage 21\nAuthorised by the Parliamentary Counsel\n[s 22]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n22 Amendment of s 183 (Recording of conviction)\nSection 183(3), ‘or 176’—\nomit, insert—\n, 175A, 176\n23 Amendment of s 192A (Preconditions to making\nrestorative justice order)\nSection 192A(1)—\ninsert—\nNote—\nFor a court sentencing a child for an offence under\nsection 175A, see section 175A(8).\n24 Omission of s 208 (Detention must be only appropriate\nsentence)\nSection 208—\nomit.\n25 Amendment of s 210 (Detention to be served in detention\ncentre)\n(1) Section 210(2)—\ninsert—\nNote—\nHowever, subsection (2)(b) stops applying if a child is in\ncustody in a watch-house and the child turns 18 years.\nSee section 276A.\n(2) Section 210—\ninsert—\n(4A) However, in deciding the date, the chief executive\nmust not have regard to the effect of section\n276A.\nClause 1\n2\n3\n4\nClause 5\n6\n7\n8\n9\n10\n11\nClause 12\n13\n14\n15\nClause 16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 22\nAuthorised by the Parliamentary Counsel\n[s 26]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n26 Amendment of s 227 (Release of child after service of\nperiod of detention)\n(1) Section 227(1), after ‘subsection (2)’—\ninsert—\nor (4)\n(2) Section 227—\ninsert—\n(3A) If a court makes an order for a child’s detention\nunder section 175A, the court may order the child\nto be released from detention after serving the\nproportion of the period of detention that the court\nconsiders appropriate.\n(3) Section 227(3A) and (4)—\nrenumber as section 227(4) and (5).\n27 Amendment of s 228 (Chief executive’s supervised\nrelease order)\nSection 228(2), ‘section 227(4)’—\nomit, insert—\nsection 227(5)\n28 Amendment of s 234 (Court may allow publication of\nidentifying information about a child)\n(1) Section 234—\ninsert—\n(1A) This section also applies if—\n(a) a court sentences a child for an offence\nunder section 175A; and\n(b) the offence involves the commission of\nviolence against a person; and\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\nClause 15\n16\n17\n18\n19\nClause 20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 23\nAuthorised by the Parliamentary Counsel\n[s 29]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(c) the court considers the offence to be a\nparticularly heinous offence having regard\nto all the circumstances.\n(2) Section 234(1A) to (5)—\nrenumber as section 234(2) to (6).\n29 Amendment of s 245 (Court’s power on breach of a\ncommunity based order other than a conditional release\norder)\nSection 245(1)(a), after ‘175(1)(d),’—\ninsert—\n175A(2)(a),\n30 Amendment of pt 7, div 15, hdg (Application of Acts\napplying to victims)\nPart 7, division 15, heading, ‘Acts applying to victims’—\nomit, insert—\nlegislation relating to victims\n31 Insertion of new s 256A\nAfter section 256—\ninsert—\n256A Penalties and Sentences Act 1992, pt 10B\nThe Penalties and Sentences Act 1992, part 10B\napplies in relation to the sentencing of a child for\nan offence mentioned in section 179J of that Act.\nNote—\nthe Penalties and Sentences Act 1992, part 10B (Victim\nimpact statements)\n1\n2\n3\n4\n5\nClause 6\n7\n8\n9\n10\n11\nClause 12\n13\n14\n15\n16\nClause 17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n\nPage 24\nAuthorised by the Parliamentary Counsel\n[s 32]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n32 Amendment of s 263 (Management of detention centres)\nSection 263(5), ‘principles 3, 16’—\nomit, insert—\nprinciples 4, 17\n33 Replacement of pt 8, div 2A (Transfer of detainees to\ncorrective services facilities)\nPart 8, division 2A—\nomit, insert—\nDivision 2A Persons to be detained in\ncorrective services facility\nSubdivision 1 When persons must be\ndetained in corrective\nservices facility\n276A Persons who turn 18 years before delivery\ninto custody of chief executive\n(1) This section applies if—\n(a) the commissioner of the police service takes\nimmediate custody of a person under section\n56(2)(a) or 210(2)(a) to deliver the person\ninto the custody of the chief executive; and\n(b) the person is in custody in a watch-house.\n(2) If the chief executive becomes aware that the\nperson is likely to turn 18 years before the chief\nexecutive has decided the custody transfer date for\nthe person, the chief executive must notify the\ncommissioner of the police service and chief\nexecutive (corrective services) that the person is\nlikely to be delivered into the custody of the chief\nexecutive (corrective services) under this section.\nClause 1\n2\n3\n4\nClause 5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 25\nAuthorised by the Parliamentary Counsel\n[s 33]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(3) If, on the day the person turns 18 years, the chief\nexecutive has not decided the custody transfer\ndate for the person, sections 56(2)(b) and\n210(2)(b) stop applying in relation to the person.\n(4) On the day the person turns 18 years—\n(a) the Corrective Services Act 2006, section 6\napplies to the person; and\n(b) the period mentioned in section 6(2) of that\nAct is taken to have started on the day the\nperson was taken into custody in a\nwatch-house under section 56 or 210.\n(5) Within 1 business day after the day the person\nturns 18 years, the chief executive must give the\ncommissioner of the police service and chief\nexecutive (corrective services) a notice stating the\nfollowing—\n(a) the person’s name;\n(b) if the person has been remanded in custody\nby a court—that the person is to be held on\nremand in a corrective services facility;\n(c) if the person has been sentenced to serve a\nperiod of detention—\n(i) that the person is to serve the period of\ndetention as a term of imprisonment in\na corrective services facility; and\n(ii) the period of detention the person is\nliable to serve; and\n(iii) the day on which the person is required\nto be released from detention under\nsection 227.\n(6) In this section—\ncustody transfer date, for the delivery of a person\ninto the custody of the chief executive, means—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Page 26\nAuthorised by the Parliamentary Counsel\n[s 33]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(a) if section 56 applies—the date the chief\nexecutive is required to notify the\ncommissioner of the police service for\naccepting custody of the person under\nsection 56(3); or\n(b) if section 210 applies—the date the chief\nexecutive is required to notify the\ncommissioner of the police service for\naccepting custody of the person under\nsection 210(3).\n276B Persons who turn 18 years before period of\ndetention begins\n(1) This section applies if—\n(a) a detention order is made against a person\nfor an offence committed by the person as a\nchild; and\n(b) the person is 18 years or more when—\n(i) the person’s period of detention under\nthe detention order begins; or\n(ii) the person returns to detention to\ncontinue or complete a period of\ndetention under the detention order,\nincluding, for example, because of a\ncontravention of a conditional release\norder or supervised release order.\n(2) The person must serve, continue or complete the\nperiod of detention under the detention order as a\nterm of imprisonment in a corrective services\nfacility.\n(3) The chief executive must, as soon as practicable\nafter becoming aware that a person is to enter a\ncorrective services facility under this section, give\nthe chief executive (corrective services) a notice\nstating the following—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n\nPage 27\nAuthorised by the Parliamentary Counsel\n[s 33]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(a) the person’s name;\n(b) the period of detention the person is liable to\nserve;\n(c) the day on which the person is required to be\nreleased from detention under section 227.\n276C Persons who turn 18 years while held on\nremand or serving period of detention\n(1) If a person turns 18 years while being held on\nremand or serving a period of detention in a\ndetention centre, the person must be transferred to\na corrective services facility to be held on remand\nor to serve the remaining period of detention as a\nterm of imprisonment.\n(2) The transfer under subsection (1) must be made—\n(a) if a direction about the person is given under\nsection 276D and the chief executive\nrevokes the direction—within 30 days after\nthe direction is revoked; or\n(b) otherwise—within 30 days after the day the\nperson turns 18 years.\n(3) A failure to comply with subsection (2) does not\naffect—\n(a) the requirement to transfer the person under\nsubsection (1); or\n(b) the validity of a transfer under subsection\n(1).\n(4) The chief executive must, as soon as practicable\nafter becoming aware that a person is likely to be\ntransferred under this section, give the chief\nexecutive (corrective services) a notice stating the\nfollowing—\n(a) the person’s name;\n(b) the day the transfer is likely to occur;\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 28\nAuthorised by the Parliamentary Counsel\n[s 33]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(c) if the person is serving a period of\ndetention—\n(i) the period of detention the person\nremains liable to serve when the notice\nis given; and\n(ii) the day on which the person is required\nto be released from detention under\nsection 227.\n(5) The chief executive must, as soon as practicable\nafter the day of the transfer is known, give the\nchief executive (corrective services) a notice\nstating the following—\n(a) the person’s name;\n(b) the day of the transfer;\n(c) if the person is serving a period of\ndetention—\n(i) the period of detention the person\nremains liable to serve after the day of\nthe transfer; and\n(ii) the day on which the person is required\nto be released from detention under\nsection 227.\nSubdivision 2 Chief executive may direct\ndetainment in detention\ncentre\n276D Chief executive may direct particular person\nbe detained in detention centre\n(1) This section applies in relation to a person\nmentioned in section 276C(1) who is, or is to be,\ntransferred to a corrective services facility.\n(2) The chief executive may, in writing, direct that\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 29\nAuthorised by the Parliamentary Counsel\n[s 33]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nthe person is to be held on remand or detained in\na detention centre.\n(3) In giving the direction, the chief executive—\n(a) must have regard to—\n(i) the interests of the person; and\n(ii) the interests of other detainees and staff\nat the detention centre; and\n(b) may have regard to any other matter the\nchief executive considers appropriate.\n(4) If a direction under subsection (1) is in effect the\nperson the subject of the direction is to be held on\nremand or detained in a detention centre under the\ndirection.\n(5) The chief executive may, in writing, revoke the\ndirection at any time.\n(6) The chief executive must notify the person to\nwhom the direction relates that the direction has\nbeen made or revoked for the person under this\nsection.\n(7) The chief executive is not required to provide\nprocedural fairness in giving or revoking a\ndirection under this section.\nSubdivision 3 Application of Corrective\nServices Act 2006\n276E Application of Corrective Services Act 2006\n(1) This section applies if—\n(a) a person is delivered into the custody of the\nchief executive (corrective services) under\nsection 276A(5)(a); or\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 30\nAuthorised by the Parliamentary Counsel\n[s 33]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(b) a person is detained in a corrective services\nfacility under section 276B; or\n(c) a person is transferred to a corrective\nservices facility under section 276C.\n(2) For holding the person at a corrective services\nfacility—\n(a) the person is taken to be a prisoner under the\nCorrective Services Act 2006; and\n(b) any rights, liberties or immunities of the\nperson as a detainee under this Act are not\npreserved, transferred or otherwise\napplicable for the person as a prisoner; and\n(c) if the person is serving a period of detention,\nor liable to serve a period of detention—\n(i) the person is liable to serve a term of\nimprisonment equal to the period of\ndetention the person remains liable to\nserve when the person is delivered\nunder section 276A, detained under\nsection 276B or transferred under\nsection 276C; and\n(ii) the day the person would otherwise\nhave been released under section 227,\nfor the period of detention, is the day\nthe person is to be released on parole\nunder the Corrective Services Act\n2006.\n(3) However, the release of the person under\nsubsection (2)(c)(ii) is subject to the Corrective\nServices Act 2006 as if granted under a court\nordered parole order (the statutory parole order)\nand the provisions of that Act applying to parole\norders also apply to the statutory parole order.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 31\nAuthorised by the Parliamentary Counsel\n[s 34]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n34 Amendment of s 289 (Recording, use or disclosure for\nauthorised purpose)\nSection 289(c)(ii), ‘section 150(1)(i)’—\nomit, insert—\nsection 150(3)(i)\n35 Amendment of s 301A (Protection from liability)\nSection 301A(1)(b)(ii), ‘section 150(1)(i)’—\nomit, insert—\nsection 150(3)(i)\n36 Insertion of new pt 11, div 25\nPart 11—\ninsert—\nDivision 25 Transitional provisions for\nMaking Queensland Safer\nAct 2024\n429 Definitions for division\nIn this division—\namending Act means the Making Queensland\nSafer Act 2024.\nformer, for a provision of this Act, means the\nprovision as in force immediately before the\ncommencement.\nnew, for a provision of this Act, means the\nprovision as in force from the commencement.\n430 Application of new pt 6, div 11\nNew part 6, division 11, subdivision 3 applies in\nClause 1\n2\n3\n4\n5\nClause 6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n\nPage 32\nAuthorised by the Parliamentary Counsel\n[s 36]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nrelation to an offender from the commencement,\nwhether the offence for which the offender is\ncharged was committed before or after the\ncommencement.\n431 Application of former ss 135 and 136 for\nperson detained in detention centre before\ncommencement\n(1) This section applies if, immediately before the\ncommencement, an offender is serving a term of\nimprisonment, or is being held on remand, in a\ndetention centre under former section 135(3) or\n136(2).\n(2) New part 8, division 2A applies in relation to the\noffender as if the offender had turned 18 years on\nthe commencement.\n432 Applications made under former s 139 before\ncommencement\n(1) This section applies if—\n(a) before the commencement, an application to\nbe held in a detention centre was made\nunder former section 139; and\n(b) immediately before the commencement the\napplication was not decided.\n(2) On the commencement, the application lapses.\n433 Application of new pt 7 and sch 1\n(1) New part 7, other than new sections 210 and\n256A, and new schedule 1 apply in relation to an\noffence only if the offence was committed after\nthe commencement.\n(2) Despite the amending Act, former part 7 and\nformer schedule 1 apply in relation to an offence\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 33\nAuthorised by the Parliamentary Counsel\n[s 36]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\ncommitted before the commencement.\n(3) New section 256A applies in relation to an\noffence whether committed before or after the\ncommencement.\n434 Application of Criminal Code, s 305\n(1) This section applies for the purpose of applying\nthe Criminal Code, section 305(2) and (3) (the\nCode provisions) to a child under section 175A(7)\nof this Act.\n(2) The court, in applying the Code provisions, may\nhave regard to an offence of murder that was\ncommitted before the commencement, whether\nthe conviction or sentence for the murder\nhappened before or happens after the\ncommencement.\n(3) Subsection (2) applies even if the offence of\nmurder is an offence—\n(a) for which the court is also sentencing the\nchild; or\n(b) that the court is taking into account on the\nsentence of the child.\n435 Application of new pt 8, div 2A\n(1) Subject to sections 436 and 437, new sections 56\nand 210 and new part 8, division 2A apply—\n(a) in relation to a person mentioned in section\n276A(1) whether the person started to be in\nthe custody of the commissioner of the\npolice service before or after the\ncommencement; and\n(b) in relation to a person mentioned in section\n276B(1), whether the person was sentenced\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 34\nAuthorised by the Parliamentary Counsel\n[s 36]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nto the period of detention before or after the\ncommencement; and\n(c) in relation to a person mentioned in section\n276C(1), whether the person started to be\ndetained or remanded in custody before or\nafter the commencement.\n(2) If a person mentioned in subsection (1) turned 18\nyears before the commencement, for applying\nnew part 8, division 2A, the person is taken to\nhave turned 18 on the commencement.\n436 Continued application of former pt 8, div 2A for\nexisting decisions by chief executive about\nprison transfer notices\n(1) This section applies if—\n(a) before the commencement, the chief\nexecutive had given a detainee—\n(i) a notice of a decision to temporarily\ndelay giving, or not to give, the\ndetainee a prison transfer notice under\nformer section 276D(2); or\n(ii) a prison transfer notice under former\nsection 276F; and\n(b) for a notice mentioned in paragraph\n(a)(i)—the date specified in the notice\noccurs after the commencement; and\n(c) immediately before the\ncommencement—the detainee is detained in\na detention centre.\n(2) Former part 8, division 2A continues to apply in\nrelation to the person as if the amending Act had\nnot been enacted.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 35\nAuthorised by the Parliamentary Counsel\n[s 36]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n437 Continued application of former pt 8, div 2A for\nexisting court applications\n(1) This section applies—\n(a) if—\n(i) before the commencement, an\napplication to a court for a temporary\ndelay under former section 276P had\nbeen made; and\n(ii) immediately before the\ncommencement the court had not\ndecided the application; or\n(b) if—\n(i) before the commencement, an\napplication to the Childrens Court for a\nreview of the chief executive’s decision\nunder former section 276T had been\nmade; and\n(ii) immediately before the\ncommencement the court had not\ndecided the application.\n(2) The court may continue to hear and decide the\napplication under former part 8, division 2A as if\nthe amending Act had not been enacted.\n(3) Former part 8, division 2A continues to apply in\nrelation to the person to whom the decision under\nsubsection (2) relates as if the amending Act had\nnot been enacted.\n441 Transitional regulation-making power\n(1) A regulation (a transitional regulation) may\nmake provision about a matter for which—\n(a) it is necessary to make provision to allow or\nfacilitate the doing of anything to achieve\nthe transition from the operation of the\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 36\nAuthorised by the Parliamentary Counsel\n[s 37]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nformer provisions of this Act to the\noperation of the new provisions of this Act;\nand\n(b) this Act does not provide or sufficiently\nprovide.\n(2) A transitional regulation may have retrospective\noperation to a day not earlier than the day this\nsection commences.\n(3) A transitional regulation must declare it is a\ntransitional regulation.\n(4) This section and any transitional regulation expire\non the day that is 1 year after the day this section\ncommences.\n37 Amendment of sch 1 (Charter of youth justice principles)\n(1) Schedule 1—\ninsert—\n1A A child who commits an offence should be\nheld accountable in a way that recognises\nthe impact of the child’s offending on any\nvictim of that offending.\n(2) Schedule 1, item 18—\nomit.\n(3) Schedule 1, items 1A to 17—\nrenumber as items 2 to 18.\n38 Amendment of sch 4 (Dictionary)\n(1) Schedule 4, definitions detainee, prison transfer notice,\nreview application and temporary delay—\nomit.\n(2) Schedule 4—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\nClause 14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\nClause 25\n26\n27\n28\n29\n\nPage 37\nAuthorised by the Parliamentary Counsel\n[s 38]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\ninsert—\ndetainee means a person—\n(a) being held on remand, in the chief\nexecutive’s custody, in connection with a\ncharge of an offence; or\n(b) serving a period of detention, in a detention\ncentre, for an offence; or\n(c) otherwise being held in custody in a\ndetention centre.\n(3) Schedule 4, definition applicant, ‘section 282A(2)’—\nomit, insert—\nsection 282BA(1)\n(4) Schedule 4, definition detention order, after ‘175(1)(g)’—\ninsert—\n, 175A(2)(b)\n(5) Schedule 4, definition nominee, ‘section 282A(4)’—\nomit, insert—\nsection 282BA(3)\n(6) Schedule 4, definition probation order, after ‘175(1)(d)’—\ninsert—\n, 175A(2)(a)\n(7) Schedule 4, definition sentence order, paragraph (b)(i), after\n‘175’—\ninsert—\n, 175A\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n\nPage 38\nAuthorised by the Parliamentary Counsel\n[s 39]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nDivision 3 Amendments commencing on\nproclamation\n39 Insertion of new s 6\nAfter section 5—\ninsert—\n6 Meaning of criminal history of a child\n(1) In this Act, criminal history, of a child, means—\n(a) each caution administered to the child for an\noffence; and\n(b) each finding of guilt against the child for an\noffence, other than a finding of guilt that is\nset aside or quashed; and\n(c) each restorative justice agreement made by\nthe child for an offence; and\n(d) all findings and orders by a court, a\nChildrens Court magistrate or other judicial\nofficer in relation to an offence that forms\npart of the child’s criminal history,\nincluding, for example, a finding that the\nchild has contravened a supervised release\norder for a period of detention ordered in\nrelation to an offence.\n(2) If a child fails to comply with a restorative justice\nagreement that forms part of the child’s criminal\nhistory, the child’s criminal history also includes\nany action taken by a police officer under section\n24(3).\n(3) This section applies despite the Criminal Law\n(Rehabilitation of Offenders) Act 1986.\n1\n2\nClause 3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Page 39\nAuthorised by the Parliamentary Counsel\n[s 40]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n40 Amendment of s 11 (Police officer to consider\nalternatives to proceeding against child)\nSection 11(2)(b), ‘, any previous cautions administered to the\nchild for an offence’—\nomit.\n41 Amendment of s 15 (Police officer may administer a\ncaution)\nSection 15(3)—\nomit.\n42 Amendment of s 18 (Caution procedure must involve\nexplanation)\nSection 18(1), after ‘effect of the caution’—\ninsert—\n, including the effect on the child’s criminal\nhistory\n43 Amendment of s 20 (Child must be given a notice of\ncaution)\nSection 20(2)(h), after ‘effect of a caution’—\ninsert—\n, including the effect on the child’s criminal\nhistory\n44 Amendment of s 21 (Childrens Court may dismiss charge\nif caution should have been administered or no action\ntaken)\nSection 21(4)—\nomit.\nClause 1\n2\n3\n4\n5\nClause 6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\nClause 16\n17\n18\n19\n20\n21\nClause 22\n23\n24\n25\n26\n\nPage 40\nAuthorised by the Parliamentary Counsel\n[s 45]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n45 Amendment of s 22 (When police officer may refer\noffence for restorative justice process)\nSection 22(5)—\nomit, insert—\n(5) The police officer must inform the child—\n(a) generally of the restorative justice process\nand potential consequences for the child of\nfailing to properly participate in the process;\nand\n(b) that the making of a restorative justice\nagreement will form part of the child’s\ncriminal history.\n46 Amendment of s 36 (Conference agreement)\nSection 36—\ninsert—\n(6) However, the conference agreement is not\nevidence that the child committed the offence.\n47 Amendment of s 148 (Evidence of childhood finding of\nguilt not admissible against adult)\n(1) Section 148(1)—\nomit, insert—\n(1) Subject to sections 148A and 148B, in a\nproceeding against a person who is an adult for an\noffence, there must not be admitted against the\nperson evidence that the person was found guilty\nas a child of an offence if a conviction was not\nrecorded.\n(2) Section 148(3)—\nomit.\n(3) Section 148(4)—\nClause 1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\nClause 13\n14\n15\n16\n17\nClause 18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 41\nAuthorised by the Parliamentary Counsel\n[s 48]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nrenumber as section 148(3).\n48 Insertion of new ss 148AA and 148AB\nAfter section 148—\ninsert—\n148AA Admissibility and use of childhood criminal\nhistory in sentencing adults\n(1) This section applies in relation to a court that is\nsentencing a person who is an adult for an\noffence.\n(2) During the prescribed period—\n(a) section 148 does not prevent the court\nadmitting evidence that the person was\nfound guilty as a child of an offence without\nthe recording of a conviction; and\n(b) the court may admit other evidence from the\nperson’s criminal history as a child; and\n(c) a previous finding of guilt, other than an\nexcluded previous finding of guilt, against\nthe person as a child, for an offence without\nthe recording of a conviction that forms part\nof the person’s criminal history as a child is\ntaken to be a previous conviction of the\nperson.\n(3) Also, section 148 does not prevent the court from\nreceiving information about any other sentence to\nwhich the person is subject under this Act if that\nis necessary to mitigate the effect of the court’s\nsentence.\n(4) In this section—\nexcluded previous finding of guilt means a\nfinding of guilt to which section 148B(2) applies.\nprescribed period, for a person, means a period of\n5 years starting on the latest day that a matter\n1\nClause 2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 42\nAuthorised by the Parliamentary Counsel\n[s 48]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nbecame part of the person’s criminal history as a\nchild.\n148AB Admissibility of childhood finding of guilt\nagainst adult for particular purposes\n(1) This section applies to—\n(a) a proceeding before a court to hear and\ndetermine a charge against a person who is\nan adult of an offence under the Criminal\nCode, section 328A, on indictment or\nsummarily, alleged to have been committed\nafter a previous conviction mentioned in\nthat section; or\n(b) a proceeding before a court for the\nsentencing of a person who is an adult—\n(i) convicted of an offence under the\nCriminal Code, section 328A(2)(c); or\n(ii) convicted of an offence to which the\nCriminal Code, section 328A(3)\napplies.\n(2) Section 148 does not prevent the court admitting\na previous finding of guilt against the person, as a\nchild, for a relevant offence without the recording\nof a conviction if the finding of guilt—\n(a) forms part of the person’s criminal history\nas a child; and\n(b) was made during a period of 5 years before\nthe offence mentioned in subsection (1) was\ncommitted.\n(3) In this section—\nrelevant offence means an offence mentioned in\nthe Criminal Code, section 328A(2)(c) or (3).\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 43\nAuthorised by the Parliamentary Counsel\n[s 49]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n49 Renumbering of ss 148AA–148A\nSections 148AA to 148A—\nrenumber as sections 148A to 148C.\n50 Amendment of s 150 (Sentencing principles)\nSection 150(3)(e), as renumbered by this Act, ‘previous\noffending’—\nomit, insert—\ncriminal\n51 Amendment of s 150A (Serious repeat offenders)\nSection 150A(2)(c)(i) and (3)(e), ‘previous offending’—\nomit, insert—\ncriminal\n52 Omission of s 154 (Finding of guilt as child may be\ndisclosed while a child)\nSection 154—\nomit.\n53 Amendment of s 252G (Matters relevant to making further\norder)\nSection 252G(3)—\nomit.\n54 Replacement of ss 282A and 282B\nSections 282A and 282B—\nomit, insert—\nClause 1\n2\n3\nClause 4\n5\n6\n7\n8\nClause 9\n10\n11\n12\nClause 13\n14\n15\n16\nClause 17\n18\n19\n20\nClause 21\n22\n23\n\nPage 44\nAuthorised by the Parliamentary Counsel\n[s 54]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n282A Eligible persons register\n(1) The chief executive must keep a register of\npersons who are eligible to receive information\n(detainee information) under section 282F about\na child who is serving a period of detention in a\ndetention centre for a violent offence or a sexual\noffence.\n(2) Subsection (3) applies if the chief executive\nreceives relevant information for the following\npersons from the commissioner of the police\nservice or director of public prosecutions, in\nrelation to an offence mentioned in subsection\n(1)—\n(a) a victim of the offence;\n(b) if a victim is deceased because of the\noffence—an immediate family member of\nthe deceased victim.\n(3) Subject to subsections (5) to (9), the chief\nexecutive must register the person as an eligible\nperson in relation to the child detained for the\noffence.\n(4) Also, the chief executive may register a person\nwho applies for registration under section 282BA\nas an eligible person.\n(5) The chief executive must not register a person as\nan eligible person unless the person, and any\nnominee for the person, has given a declaration\nunder section 282B.\n(6) The chief executive may decide not to register a\nperson as an eligible person if the chief executive\nreasonably believes releasing detainee\ninformation to the person may endanger—\n(a) the security of a detention centre; or\n(b) the safe custody or welfare of a child\ndetained in a detention centre; or\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n\nPage 45\nAuthorised by the Parliamentary Counsel\n[s 54]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n(c) the safety or welfare of another person.\nExample—\nReleasing detainee information to a child who is also\ndetained in a detention centre may endanger the safe\ncustody or welfare of the child sentenced to detention\nfor the offence.\n(7) The chief executive may register a child as an\neligible person only if it is in the child’s best\ninterests.\n(8) If the chief executive proposes to register a child\nin care as an eligible person, the chief executive\nmust consult with the chief executive (child\nsafety) before deciding what is in the child’s best\ninterests under subsection (7).\n(9) Before registering an eligible person under\nsubsection (3), the chief executive must give the\nchild detained for the offence a reasonable\nopportunity to make a submission to the chief\nexecutive about why the victim or immediate\nfamily member should not be registered as an\neligible person.\n(10) In this section—\nchild in care means a child—\n(a) who is in the custody or guardianship of the\nchief executive (child safety); or\n(b) who, under an agreement entered into by the\nchief executive (child safety) and a parent of\nthe child, has been placed in the care of a\nperson other than a parent of the child.\nrelevant information, for a person, means—\n(a) the name and contact details of the person;\nand\n(b) the person’s consent to being registered as\nan eligible person.\nsexual offence see the Corrective Services Act\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n34\n35\n\nPage 46\nAuthorised by the Parliamentary Counsel\n[s 54]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n2006, schedule 4.\nviolent offence means an offence in which a\nvictim suffers actual or threatened violence.\n282B Requirement for non-release declaration\nThe chief executive may register a person as an\neligible person only if the person, and any\nnominee of the person, has signed a declaration\nstating that the person or person’s nominee will\nnot disclose detainee information received by the\nperson or nominee other than as permitted under\nsection 282G(3).\n282BA Applying for registration as an eligible\nperson\n(1) The following persons (each an applicant) may\napply in writing to the chief executive to be\nregistered as an eligible person in relation to a\nchild mentioned in section 282A(1)—\n(a) if a victim is a child—the child’s parent;\n(b) if a victim is an adult with legal\nincapacity—the adult’s guardian or attorney\nappointed for the person under an enduring\npower of attorney under the Powers of\nAttorney Act 1998;\n(c) another person who satisfies the chief\nexecutive the person’s life or physical safety\ncould reasonably be expected to be\nendangered because of—\n(i) the child’s history of violence against\nthe person; or\nExample—\na domestic violence order has been made\nagainst the child under the Domestic and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 47\nAuthorised by the Parliamentary Counsel\n[s 55]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nFamily Violence Protection Act 2012 for the\nbenefit of the person\n(ii) a connection between the person and\nthe offence.\n(2) The application must be accompanied by\ndocumentary evidence satisfying the chief\nexecutive of the applicant’s identity.\n(3) The applicant may nominate a person (a nominee)\nto receive the detainee information for the\napplicant.\nExample—\na victim support worker from a victims’ support agency\n(4) Before deciding an applicant is eligible under\nsubsection (1)(c) to make the application, the\nchief executive must give the child a reasonable\nopportunity to make a submission to the chief\nexecutive about why the applicant should not be\nregistered as an eligible person.\n55 Amendment of s 282D (Deciding application)\n(1) Section 282D(1), ‘section 282A(2)’—\nomit, insert—\nsection 282BA(1)\n(2) Section 282D(2) to (5)—\nomit, insert—\n(2) However, the chief executive may refuse the\napplication if the chief executive considers the\nperson should not be registered as an eligible\nperson because of the application of section\n282A(5) to (9).\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\nClause 19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 48\nAuthorised by the Parliamentary Counsel\n[s 56]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\n56 Amendment of s 282E (Removing details from eligible\npersons register etc.)\nSection 282E(4) and (5), ‘section 282A(4)—\nomit, insert—\nsection 282BA(3)\n57 Amendment of s 282F (Releasing information)\nSection 282F(2), ‘section 282A(4)—\nomit, insert—\nsection 282BA(3)\n58 Insertion of new ss 438–440\nAfter section 437—\ninsert—\n438 Admissibility and use of childhood criminal\nhistories and particular findings of guilt\n(1) This section applies in relation to a proceeding\nagainst an adult for an offence.\n(2) The former Act applies to a proceeding for an\nappeal from a sentence that happened before the\ncommencement.\n(3) Subject to subsection (2), the new Act applies in\nrelation to a proceeding for an offence—\n(a) whether the proceeding was started before,\nor is started after, the commencement of this\nsection; or\n(b) whether the offence was committed before,\nor is committed after, the commencement of\nthis section.\n(4) In this section—\nformer Act means this Act as in force\nClause 1\n2\n3\n4\n5\nClause 6\n7\n8\n9\nClause 10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 49\nAuthorised by the Parliamentary Counsel\n[s 58]\nMaking Queensland Safer Bill 2024\nPart 4 Amendment of Youth Justice Act 1992\nimmediately before the commencement of the\nMaking Queensland Safer Act 2024, part 4,\ndivision 3.\nnew Act means this Act as in force from the\ncommencement of the Making Queensland Safer\nAct 2024, part 4, division 3.\n439 Criminal histories\n(1) In new section 6—\n(a) a reference to a caution does not include a\ncaution administered to a child before the\ncommencement; and\n(b) a reference to a finding of guilt includes a\nfinding of guilt that was made in relation to\na child before the commencement; and\n(c) a reference to a restorative justice agreement\ndoes not include a restorative justice\nagreement made by a child before the\ncommencement; and\n(d) subject to subsection (2)—a reference to a\nfinding or order in relation to an offence that\nformed part of a child’s criminal history\nincludes a finding or order that was made\nbefore the commencement.\n(2) New section 6 does not apply to a finding that a\nchild has contravened a supervised release order if\nthe finding was made before the commencement.\n(3) New section 6 applies in relation to a person—\n(a) whether the person is a child or an adult on\nthe commencement; and\n(b) whether an offence committed by the person\nas a child was committed before, or is\ncommitted after, the commencement of this\nsection; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 50\nAuthorised by the Parliamentary Counsel\n[s 59]\nMaking Queensland Safer Bill 2024\nPart 5 Other amendments\n(c) whether a proceeding for an offence against\nthe person as a child was started before, or is\nstarted after, the commencement of this\nsection.\n(4) For applying section 11 of the Act in relation to a\nchild after the commencement, a reference to a\nchild’s criminal history is taken to include any\nprevious cautions administered to the child for an\noffence.\n(5) In this section—\nnew section 6 means section 6 as in force from the\ncommencement.\n440 Release of information to eligible persons\nNew part 8, division 7 applies in relation to\ndetainee information about a child whether the\nviolent offence or sexual offence for which the\nchild has been detained was committed before or\nafter the commencement.\n59 Amendment of sch 4 (Dictionary)\nSchedule 4—\ninsert—\ncriminal history, of a child, see section 6.\nPart 5 Other amendments\n60 Legislation amended\nSchedule 1 amends the legislation it mentions.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\nClause 19\n20\n21\n22\n23\nClause 24\n25\n\nSchedule 1\nMaking Queensland Safer Bill 2024\nPage 51\nAuthorised by the Parliamentary Counsel\nSchedule 1 Other amendments\nsection 60\nCorrective Services Act 2006\n1 Schedule 4, definition parole order, note—\nomit, insert—\nNote—\nUnder the Youth Justice Act 1992, sections 136 and\n276E, the provisions of this Act that apply to a parole\norder also apply to a statutory parole order under those\nsections of that Act.\nDangerous Prisoners (Sexual Offenders) Act 2003\n1 Section 5(6), definition prisoner, paragraph (b), ‘section\n138(3)’—\nomit, insert—\nsection 135(7)\nEvidence Act 1977\n1 Section 132C(5), definition allegation of fact, paragraph\n(b), ‘section 150(4A)’—\nomit, insert—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n\nSchedule 1\nMaking Queensland Safer Bill 2024\nPage 52\nAuthorised by the Parliamentary Counsel\nsection 150(9)\nPenalties and Sentences Act 1992\n1 Section 179J—\ninsert—\nNote—\nUnder the Youth Justice Act 1992, section 256A, this\npart also applies in relation to an offender who is a child.\n2 Section 179K(3), note, paragraph (b), ‘section 150(1)(j)’—\nomit, insert—\nsection 150(2)\nPolice Powers and Responsibilities Act 2000\n1 Section 365(3), note—\nomit.\nYouth Justice Regulation 2016\n1 Section 38(1)(a)(ii), ‘principle 3, 16’—\nomit, insert—\nprinciple 4, 17\n© State of Queensland 2024\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Bill substantially broadens the operational scope of youth-justice law from a framework focused on diversion, rehabilitation and youth‑specific detention principles toward an adult‑style response for a defined set of serious offences. It introduces adult-equivalent sentencing powers for children (new s 175A), converts certain child detention periods into terms of imprisonment under the Corrective Services Act (ss 135–136; 276E), allows childhood findings to be used in adult prosecutions and sentencing (new ss 148AA–148AB; s 6), expands victims’ access to detention information and court presence (s 20; ss 282A–282F), and removes statutory status of \"detention as last resort\" (s 150 amendments; s 208 omitted). Those changes extend the Bill well beyond narrow procedural adjustments and into core policy on custodial placement, sentencing philosophy, evidentiary rules and executive discretion, thereby materially changing the original youth-justice operating model."},"complexity_factors":["Large number of substantive amendments across multiple Acts (Childrens Court Act 1992; Criminal Code; Youth Justice Act 1992; and multiple consequential amendments in Schedule 1).","Insertion of many new sections and entire divisions (e.g. new s 175A; Part 8 Div 2A ss 276A–276E; new ss 148AA–148AB; replacement of ss 282A–282B).","Extensive cross-references to other statutes and instruments (Corrective Services Act 2006, Penalties and Sentences Act 1992, Human Rights Act 2019, Criminal Code), requiring cross-act interpretation.","Multiple timing and commencement triggers (some amendments commence on assent, others by proclamation) and detailed transitional/saving rules affecting pre‑existing cases (many transitional sections: e.g. pt 7 div 7; pt 11 div 25; ss 431–437).","Conditional logic and exceptions: who is transferred to corrective services depends on combinations of remand/sentencing status, turning 18 before/after delivery to custody, and chief executive directions (complex conditions in ss 135, 276A–276C, 276D).","Renumbering, replacement and repeal of existing provisions (e.g. omission of s 208; replacement of ss 135–139; renumbering of ss 148AA–148A) increases interpretive load.","New evidentiary regimes with time-limited application (prescribed 5-year period for admitting childhood criminal history) and offence-specific rules (ss 148AA–148AB).","Discretionary administrative powers with expressly limited procedural fairness (s 276D(7)), increasing the interface between administrative law and statutory text."],"plain_english_summary":"**What this Bill does (mechanically)\n\n- Changes who can be present and who can receive information in youth justice court proceedings (Childrens Court Act 1992, s 20). It explicitly allows victims, specified relatives, their representatives and accredited media to be present; it redefines terms like \"criminal proceeding\" and \"relative\" (see s 4–5). Transitional rules let people subject to old exclusion orders apply to set them aside (s 41–42).\n\n- Makes childhood criminal history usable in certain adult criminal proceedings and in prosecution disclosures. The Criminal Code and disclosure rules are amended so a prior finding of guilt as a child can count as a prior conviction for adult sentencing purposes in specified circumstances, and prosecutors must disclose an accused person’s childhood criminal history information to the defence (Criminal Code s 328A amendment, Evidence/ disclosure amendments s 590AH).\n\n- Rewrites major parts of the Youth Justice Act 1992 to treat some children like adults for sentencing and custody purposes:\n  - Introduces a new sentencing power allowing courts to impose detention on a child up to the adult maximum penalty (or probation up to 3 years) for a list of serious offences (new s 175A). The section treats detention as equivalent to imprisonment for applying adult penalty rules (s 175A(2)-(5)). The provision is declared to operate despite incompatibility with the Human Rights Act for 5 years (s 19(12)).\n  - Removes the statutory requirement that detention be a last resort and that community-based sentences be preferable when sentencing children (s 150 amended; s 208 omitted).\n  - Expands when children (or persons who were children when sentenced) are to be held or serve detention in corrective services (adult) facilities rather than detention centres: for children who turn 18 in custody or before delivery to custody, for children who are already in or later become prisoners, and where a detention order begins when the person is an adult (new ss 135, 136; new Part 8 Div 2A sections 276A–276E). These provisions convert certain child detention periods into terms of imprisonment and apply the Corrective Services Act 2006 provisions to those people (ss 135–136; 276E).\n  - Gives the chief executive a written discretionary power to direct that a person who turns 18 while detained be kept in a youth detention centre rather than transferred to an adult corrective services facility; the statute expressly says procedural fairness is not required for that administrative decision (s 276D(2)–(7)).\n\n- Changes rules about victims receiving detainee information: creates/updates an \"eligible persons\" register so victims (or immediate family of deceased victims) or certain applicants can be registered to receive information about a child detained for a violent or sexual offence, subject to non-disclosure declarations and safety/security exceptions (replacement of ss 282A–282B and new ss 282BA–282F). The child gets a chance to make submissions before some registrations (s 282A(9), s 282BA(4)).\n\n- Alters evidentiary rules about childhood findings of guilt: introduces new sections permitting childhood findings or parts of a child’s criminal history to be admitted in adult sentencing proceedings during a defined \"prescribed period\" (5 years after the matter entered the child’s criminal history) and for particular offences (new ss 148AA–148AB; renumbering and related amendments). The Youth Justice Act defines \"criminal history\" for a child broadly to include cautions, findings of guilt, restorative justice agreements and related orders (new s 6).\n\n- Includes transitional and saving provisions across the amended Acts to govern how and when the new rules apply to matters started before commencement (multiple transitional sections in each Part).\n\nWho it affects\n\n- Children (persons under 18) who are charged with serious offences — some will face adult-style maximum penalties and may be required to serve detention time in corrective services (adult) facilities (new s 175A; ss 135–136; 276A–276C).\n- People who turn 18 while in youth custody — may be transferred into adult corrective services facilities, with limited administrative avenues to remain in youth detention (ss 276A–276D).\n- Victims and the immediate families of deceased victims — gain clearer rights to be present at youth proceedings and, if eligible, to receive detainee information under an \"eligible persons\" register (s 20; ss 282A–282F).\n- Courts, prosecutors and police — new disclosure obligations, new admissibility rules for childhood criminal history, and revised sentencing principles change what evidence and considerations courts must take into account (s 590AH; ss 148AA–148AB; s 150 as amended).\n- Correctional services and the state budget — more persons may be moved to corrective services facilities; the Corrective Services Act is explicitly made to apply to certain persons previously treated under youth detention law (ss 135, 136, 276E).\n- Media — accredited media may be permitted to be present at youth court matters under the new s 20(1)(c)(v).\n\nWhy the Bill matters (claimed purpose and a brief test)\n\n- The Bill’s stated or implicit purpose (as expressed in its text and structure) is to strengthen public safety and victims’ rights by:\n  - allowing courts to impose adult-equivalent penalties for specified serious offences by children (new s 175A); and\n  - increasing victims’ access to information and presence at proceedings (amendments to s 20 and the eligible persons register).\n\nTesting those claims against trade-offs, costs and incentives:\n- Direct fiscal and operational costs: transferring more people to corrective services increases demand for adult prison capacity, staff, medical and mental-health services, and parole administration. That cost is borne by the state budget (see ss 135–136, 276E which make Corrective Services Act provisions apply and convert child detention periods to terms of imprisonment).\n\n- Incentives and behavioural effects: prosecutors and courts will operate with a different sentencing framework (s 150 amended; new s 175A). Knowing adult-style penalties and admissibility of childhood history are available may change charging decisions and plea bargaining; defence strategy will need to respond to admissibility of childhood history (ss 148AA–148AB, s 590AH). Police use of cautions and diversion may fall because cautions and restorative agreements are now part of defined criminal history that can later be used (new s 6; changes to s 11–22 regarding cautions and restorative justice).\n\n- Trade-offs in rehabilitative goals: the legislative text removes or downgrades statutory presumptions favouring community-based orders and last-resort detention for children (s 150 amendments; s 208 omitted). That shifts the legal balance away from diversion/rehabilitation towards custodial penalties for a defined set of offences, which has opportunity costs (reduced investment in community programs, altered contracting opportunities for non‑government service providers who run diversion or restorative programs).\n\n- Administrative discretion and procedural protections: the chief executive has a written power to direct that a transferred person remain in a detention centre (s 276D). The statute explicitly states the chief executive is not required to provide procedural fairness when giving or revoking such a direction (s 276D(7)). That increases executive discretion and reduces procedural safeguards for affected individuals, which raises legal risk and possible judicial review challenges.\n\n- Human rights compatibility and litigation risk: the Bill contains express declarations that some provisions operate \"despite\" incompatibility with the Human Rights Act 2019 for 5 years (s 150(5) and s 175A(12) notes). That may reduce immediate litigation risk under the Queensland Human Rights Act but increases the prospect of constitutional or international human rights challenges and political scrutiny.\n\n- Victim access and privacy/safety trade-offs: creating an eligible persons register (replacement ss 282A–282F) benefits victims who wish to know about a detainee’s status; the chief executive retains discretion to refuse registration for safety or security reasons (s 282A(6)). Registered recipients must sign non‑disclosure declarations (s 282B). These measures increase administrative burden on Youth Justice to verify applicants and to manage information flows.\n\n- Effects on speech and court transparency: allowing accredited media into youth proceedings (s 20) increases public transparency but also raises practical questions about accreditation, reporting limits, and privacy of children charged with offences.\n\nWho pays, who decides and what behaviour will change (concise)\n- Who pays: the Queensland Government (taxpayers) for increased custodial costs, corrections staffing, and administrative systems; victims and applicants bear some compliance obligations (e.g. providing ID, signing non‑disclosure declarations); community legal services and defence may bear additional costs responding to admitted childhood history.\n- Who decides: courts (on sentencing and admissibility), the chief executive (custody/transfer and registration decisions), police (charging and diversion choices), and the director of public prosecutions/commissioner (in providing victim details to the register).\n- Behaviour changes: fewer diversions/cautions leading to criminal-history entries; more children detained under adult-equivalent sentences for listed offences; greater use by victims of registries and presence at court; administrative processes to transfer 18th‑birthday detainees into corrective services.\n\nImplementation risks and compliance burdens\n- Capacity risk: adult corrective services may need more capacity, increasing short-to-medium-term costs and operational risk (s 135, 136, 276A–276C).\n- Administrative burden: maintaining the eligible persons register, verifying applicants, managing disclosure and non‑disclosure obligations, and meeting disclosure obligations in prosecutions (ss 282A–282F; s 590AH).\n- Legal risk: increased potential for human rights litigation, judicial review of discretionary executive directions (s 276D), and challenges about admissibility or retrospective application of criminal-history rules (transition provisions are complex and numerous).\n\nNet mechanical effect (section pointers)\n- New power to impose adult‑equivalent detention on children for a specified set of serious offences: new s 175A.\n- New mandatory or presumptive transfers to corrective services for people who turn 18 in custody or whose detention begins after turning 18: ss 135–136; 276A–276E.\n- Broader use of childhood criminal history in adult proceedings and prosecutorial disclosure: new ss 148AA–148AB; s 590AH amendment; new s 6 in Youth Justice Act.\n- Expanded victim access and an \"eligible persons\" register to receive detainee information: replacement ss 282A–282B and new ss 282BA–282F.\n\nThis summary describes what the Bill does and the principal legal mechanisms by which it operates. The Bill’s text frames these changes as increasing victim participation and public safety; the practical costs, incentives and legal risks described above show how those aims translate into greater custodial use, administrative work, executive discretion, and altered charging and sentencing behaviour (see especially ss 150, 175A, 135–136, 276A–276E, 282A–282F, 148AA–148AB, 590AH)."},"summary":{"status_summary":"The Making Queensland Safer Bill 2024 has received royal assent; some provisions commence on assent while Part 3 and Part 4 Division 3 will commence on a day to be fixed by proclamation.","complexity_score":8,"likely_questions":["When will the provisions that commence by proclamation actually start?","Will a 17-year-old who commits an offence before the new laws commence be sentenced under the old or new rules?","How does the new 'eligible persons register' for victims work and how do I apply?","What happens to a young person who turns 18 while on remand in a youth detention centre?","Can childhood cautions and findings of guilt without conviction still be used against me as an adult after five years?","Does the removal of 'detention as a last resort' apply retroactively to offences committed before the bill?","What impact will transferring 18-year-olds to adult prisons have on their rehabilitation and safety?"],"complexity_factors":["Large number of interconnected amendments across multiple Acts","Partial commencement by proclamation creates phased implementation","Complex transitional provisions for existing detainees and court proceedings","New sentencing framework with specific lists of offences and exceptions","Interaction with Human Rights Act including expiring incompatibility declarations","Changes to evidence admissibility rules for childhood criminal histories","Discretionary powers for chief executive without procedural fairness requirements"],"plain_english_summary":"Bill tightens Queensland’s youth‑justice framework: it removes the “last resort” constraint, allows detention of children up to adult maximums (with a mandatory minimum for murder), and moves 18‑year‑olds in custody into adult prisons with limited administrative discretion. It also expands victim/media access, broadens what counts as a child’s criminal history, and creates a victim notification register. Affects children charged with serious offences, victims, courts and corrections — significant because it alters sentencing, detention placement, rights and likely prison populations."}},"importantCases":[],"_links":{"self":"/api/acts/making-queensland-safer-bill-2024","history":"/api/acts/making-queensland-safer-bill-2024/history","analysis":"/api/acts/making-queensland-safer-bill-2024/analysis","conflicts":"/api/acts/making-queensland-safer-bill-2024/conflicts","importantCases":"/api/acts/making-queensland-safer-bill-2024/important-cases","documents":"/api/acts/making-queensland-safer-bill-2024/documents"}}