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Authorised by the Parliamentary Counsel
[s 13]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
13 Amendment of s 134 (Offender treated as child)
Section 134, ‘division,’—
omit, insert—
division and part 8, division 2A,
14 Replacement of ss 135–139
Sections 135 to 139—
omit, insert—
135 Offender to be remanded in a corrective
services facility
(1) This section applies if—
(a) both of the following apply—
(i) a court remands an offender in custody
in connection with a charge of an adult
offence;
(ii) the offender is already being held on
remand in the chief executive’s custody
or serving a period of detention in
connection with a child offence, or
otherwise being held in custody in a
detention centre; or
(b) both of the following apply—
(i) a court remands an offender in custody
in connection with a charge of a child
offence, or both a child offence and an
adult offence;
(ii) the offender is not already being held
on remand in the chief executive’s
custody or serving a period of
detention in connection with a child
offence, or otherwise being held in
custody in a detention centre; or
(c) both of the following apply—
Clause 1
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Clause 5
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Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
(i) a court remands an offender in custody
in connection with a charge of a child
offence;
(ii) the offender is already being held on
remand, serving a term of
imprisonment, or otherwise being held
in custody, in a corrective services
facility.
(2) The offender must be held on remand in a
corrective services facility, unless a direction by
the chief executive under section 276D is in effect
for the offender.
(3) Subsection (4) applies if an offender mentioned in
subsection (1)(a) is sentenced to a term of
imprisonment for the adult offence.
(4) If a direction by the chief executive under section
276D is in effect for the offender, the offender
must serve the term of imprisonment in a
detention centre while the direction is in effect.
(5) The part of a term of imprisonment served in a
detention centre under subsection (4) must be
counted as part of the term of imprisonment.
(6) Subsection (7) applies if an offender mentioned in
subsection (1)(b) or (c) is sentenced to a period of
detention for a child offence.
(7) The offender must serve the period of detention as
a term of imprisonment in a corrective services
facility.
136 Application of Corrective Services Act 2006
(1) This section applies if, under section 135(2) or
(7), an offender is required to be held on remand
or serve a period of detention for a child offence
as a term of imprisonment in a corrective services
facility.
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Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
(2) For holding the offender at a corrective services
facility—
(a) the offender is taken to be a prisoner under
the Corrective Services Act 2006; and
(b) any rights, liberties or immunities of the
offender as a detainee under this Act in
relation to the child offence are not
preserved, transferred or otherwise
applicable for the offender as a prisoner; and
(c) if the offender is serving a period of
detention, or liable to serve a period of
detention—
(i) the offender is liable to serve a term of
imprisonment equal to the period of
detention the offender remains liable to
serve when the offender enters the
corrective service facility under section
135(7)(b); and
(ii) the day the offender would otherwise
have been released under section 227,
for the period of detention, is the day
the offender is to be released on parole
under the Corrective Services Act
2006.
(3) However, the release of the offender under
subsection (2)(c)(ii) is subject to the Corrective
Services Act 2006 as if granted under a court
ordered parole order (the statutory parole order)
and the provisions of that Act applying to parole
orders also apply to the statutory parole order.
15 Amendment of s 150 (Sentencing principles)
(1) Section 150, before subsection (1)—
insert—
(1AA) In sentencing a child for an offence, a court must
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Authorised by the Parliamentary Counsel
[s 15]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
not have regard to—
(a) any principle that a detention order should
only be imposed as a last resort; or
(b) any principle that a sentence that allows the
child to stay in the community is preferable.
(1AB) In sentencing a child for an offence, a court must
have primary regard to any impact of the offence
on a victim, including harm mentioned in
information relating to the victim given to the
court under the Penalties and Sentences Act 1992,
section 179K.
(2) Section 150(1)—
insert—
(ba) the matter to which the court must have
primary regard under subsection (2); and
(3) Section 150(1)(c), ‘subsection (2)’—
omit, insert—
subsection (4)
(4) Section 150(1)(j)—
omit.
(5) Section 150(2)(b) and (e)—
omit.
(6) Section 150(4), ‘subsection (1)(i)’—
omit, insert—
subsection (3)(i)
(7) Section 150—
insert—
(5) For the purposes of the Human Rights Act 2019,
section 43(1), it is declared that subsection (1) has
effect—
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[s 16]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
(a) despite being incompatible with human
rights; and
(b) despite anything else in the Human Rights
Act 2019.
Note—
Under the Human Rights Act 2019, section 45(2), this
subsection expires 5 years after the commencement.
(8) Section 150(1AA) to (6)—
renumber as section 150(1) to (11).
16 Amendment of s 150A (Serious repeat offenders)
Section 150A(3)—
insert—
(f) the matter to which the court must have
primary regard under section 150(2).
17 Amendment of s 150B (Court must rely on earlier serious
repeat offender declaration)
Section 150B(2), ‘to (e)’—
omit, insert—
to (f)
18 Amendment of s 175 (Sentence orders—general)
(1) Section 175(1)(d)(i), after ‘judge’—
insert—
and section 175A does not apply
(2) Section 175(1)(d)(ii), ‘section 176 does not apply’—
omit, insert—
neither section 175A nor 176 applies
(3) Section 175(1)(g)(i), after ‘judge’—
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Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
insert—
and section 175A does not apply
(4) Section 175(1)(g)(ii), ‘section 176 does not apply’—
omit, insert—
neither section 175A nor 176 applies
19 Insertion of new s 175A
After section 175—
insert—
175A Sentence orders—significant offences to
which adult penalties apply
(1) This section applies if a court is sentencing a child
for an offence against any of the following
provisions of the Criminal Code—
(a) sections 302 and 305;
(b) sections 303 and 310;
(c) section 314A;
(d) section 317;
(e) section 320;
(f) section 323;
(g) section 328A;
(h) section 340;
(i) section 408A;
(j) sections 409 and 411;
(k) section 419;
(l) section 421;
(m) section 427.
(2) The court may—
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Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
(a) order that the child be placed on probation
for a period not longer than 3 years; or
(b) order that the child be detained for a period
not more than the maximum term of
imprisonment that an adult convicted of the
offence could be ordered to serve.
(3) Section 155 does not apply to the court.
(4) A requirement under the Criminal Code that a
term of imprisonment must be the penalty, or a
part of the penalty, for the offence is taken to be a
requirement that a period of detention must be the
penalty, or a part of the penalty, for the offence.
(5) A requirement under the Criminal Code that a
minimum term of imprisonment must be served
for the offence is taken to be a requirement that a
minimum period of detention must be served for
the offence.
(6) The court may make a detention order—
(a) with or without a conditional release order
under section 220; and
(b) if section 234 applies—with or without an
order under that section.
(7) If the court is sentencing the child to detention for
life on a conviction of murder—
(a) the Criminal Code, section 305(2), (3) and
(4) applies; and
(b) for that purpose, a reference in the Criminal
Code, section 305 to imprisonment is taken
to be a reference to detention.
Note—
For the child’s parole eligibility, see section 233 of this
Act and the Corrective Services Act 2006, section 181.
(8) Section 175(1)(da) and (db) does not apply to the
court.
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Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
(9) If the offence is a prescribed offence under the
Penalties and Sentences Act 1992, section 108A,
then part 5, division 2, subdivision 2 of that Act
applies—
(a) as if a reference in that subdivision to a
community service order were a reference to
a community service order under this Act;
and
(b) as if a reference in that subdivision to a
graffiti removal order were a reference to a
graffiti removal order under this Act; and
(c) as if a reference in that subdivision to the
period mentioned in section 103(2)(b) of
that Act were a reference to the period
within which the number of hours stated in
the community service order must be
performed under this Act; and
(d) as if a reference in that subdivision to
serving a term of imprisonment in a
corrective services facility were a reference
to serving a period of detention.
(10) Section 195(a) does not apply to the making of a
community service order under subsection (9) but
subsection (9) applies subject to section 195(b)
and (c).
(11) This section—
(a) applies despite anything else in this Act; and
(b) subject to subsection (8), does not limit a
court’s power to make an order under
section 175.
(12) For the purposes of the Human Rights Act 2019,
section 43(1), it is declared that this section has
effect—
(a) despite being incompatible with human
rights; and
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Authorised by the Parliamentary Counsel
[s 20]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
(b) despite anything else in the Human Rights
Act 2019.
Note—
Under the Human Rights Act 2019, section 45(2),
this subsection expires 5 years after the
commencement.
20 Amendment of s 176 (Sentence orders—life and other
significant offences)
(1) Section 176, heading, ‘life and’—
omit.
(2) Section 176(6) to (8)—
omit.
(3) Section 176(10), definition relevant offence, before paragraph
(a)—
insert—
(aa) an offence mentioned in section 175A(1);
(4) Section 176(10), definition relevant offence, paragraph (b)—
omit.
(5) Section 176(10), definition relevant offence, paragraphs (aa)
and (a)—
renumber as paragraphs (a) and (b).
(6) Section 176(9) and (10)—
renumber as section 176(6) and (7).
21 Amendment of s 181 (Other orders)
Section 181, after ‘175’—
insert—
, 175A
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Authorised by the Parliamentary Counsel
[s 22]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
22 Amendment of s 183 (Recording of conviction)
Section 183(3), ‘or 176’—
omit, insert—
, 175A, 176
23 Amendment of s 192A (Preconditions to making
restorative justice order)
Section 192A(1)—
insert—
Note—
For a court sentencing a child for an offence under
section 175A, see section 175A(8).
24 Omission of s 208 (Detention must be only appropriate
sentence)
Section 208—
omit.
25 Amendment of s 210 (Detention to be served in detention
centre)
(1) Section 210(2)—
insert—
Note—
However, subsection (2)(b) stops applying if a child is in
custody in a watch-house and the child turns 18 years.
See section 276A.
(2) Section 210—
insert—
(4A) However, in deciding the date, the chief executive
must not have regard to the effect of section
276A.
Clause 1
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[s 26]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
26 Amendment of s 227 (Release of child after service of
period of detention)
(1) Section 227(1), after ‘subsection (2)’—
insert—
or (4)
(2) Section 227—
insert—
(3A) If a court makes an order for a child’s detention
under section 175A, the court may order the child
to be released from detention after serving the
proportion of the period of detention that the court
considers appropriate.
(3) Section 227(3A) and (4)—
renumber as section 227(4) and (5).
27 Amendment of s 228 (Chief executive’s supervised
release order)
Section 228(2), ‘section 227(4)’—
omit, insert—
section 227(5)
28 Amendment of s 234 (Court may allow publication of
identifying information about a child)
(1) Section 234—
insert—
(1A) This section also applies if—
(a) a court sentences a child for an offence
under section 175A; and
(b) the offence involves the commission of
violence against a person; and
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[s 29]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
(c) the court considers the offence to be a
particularly heinous offence having regard
to all the circumstances.
(2) Section 234(1A) to (5)—
renumber as section 234(2) to (6).
29 Amendment of s 245 (Court’s power on breach of a
community based order other than a conditional release
order)
Section 245(1)(a), after ‘175(1)(d),’—
insert—
175A(2)(a),
30 Amendment of pt 7, div 15, hdg (Application of Acts
applying to victims)
Part 7, division 15, heading, ‘Acts applying to victims’—
omit, insert—
legislation relating to victims
31 Insertion of new s 256A
After section 256—
insert—
256A Penalties and Sentences Act 1992, pt 10B
The Penalties and Sentences Act 1992, part 10B
applies in relation to the sentencing of a child for
an offence mentioned in section 179J of that Act.
Note—
the Penalties and Sentences Act 1992, part 10B (Victim
impact statements)
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[s 32]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
32 Amendment of s 263 (Management of detention centres)
Section 263(5), ‘principles 3, 16’—
omit, insert—
principles 4, 17
33 Replacement of pt 8, div 2A (Transfer of detainees to
corrective services facilities)
Part 8, division 2A—
omit, insert—
Division 2A Persons to be detained in
corrective services facility
Subdivision 1 When persons must be
detained in corrective
services facility
276A Persons who turn 18 years before delivery
into custody of chief executive
(1) This section applies if—
(a) the commissioner of the police service takes
immediate custody of a person under section
56(2)(a) or 210(2)(a) to deliver the person
into the custody of the chief executive; and
(b) the person is in custody in a watch-house.
(2) If the chief executive becomes aware that the
person is likely to turn 18 years before the chief
executive has decided the custody transfer date for
the person, the chief executive must notify the
commissioner of the police service and chief
executive (corrective services) that the person is
likely to be delivered into the custody of the chief
executive (corrective services) under this section.
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(3) If, on the day the person turns 18 years, the chief
executive has not decided the custody transfer
date for the person, sections 56(2)(b) and
210(2)(b) stop applying in relation to the person.
(4) On the day the person turns 18 years—
(a) the Corrective Services Act 2006, section 6
applies to the person; and
(b) the period mentioned in section 6(2) of that
Act is taken to have started on the day the
person was taken into custody in a
watch-house under section 56 or 210.
(5) Within 1 business day after the day the person
turns 18 years, the chief executive must give the
commissioner of the police service and chief
executive (corrective services) a notice stating the
following—
(a) the person’s name;
(b) if the person has been remanded in custody
by a court—that the person is to be held on
remand in a corrective services facility;
(c) if the person has been sentenced to serve a
period of detention—
(i) that the person is to serve the period of
detention as a term of imprisonment in
a corrective services facility; and
(ii) the period of detention the person is
liable to serve; and
(iii) the day on which the person is required
to be released from detention under
section 227.
(6) In this section—
custody transfer date, for the delivery of a person
into the custody of the chief executive, means—
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