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(a) if section 56 applies—the date the chief
executive is required to notify the
commissioner of the police service for
accepting custody of the person under
section 56(3); or
(b) if section 210 applies—the date the chief
executive is required to notify the
commissioner of the police service for
accepting custody of the person under
section 210(3).
276B Persons who turn 18 years before period of
detention begins
(1) This section applies if—
(a) a detention order is made against a person
for an offence committed by the person as a
child; and
(b) the person is 18 years or more when—
(i) the person’s period of detention under
the detention order begins; or
(ii) the person returns to detention to
continue or complete a period of
detention under the detention order,
including, for example, because of a
contravention of a conditional release
order or supervised release order.
(2) The person must serve, continue or complete the
period of detention under the detention order as a
term of imprisonment in a corrective services
facility.
(3) The chief executive must, as soon as practicable
after becoming aware that a person is to enter a
corrective services facility under this section, give
the chief executive (corrective services) a notice
stating the following—
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(a) the person’s name;
(b) the period of detention the person is liable to
serve;
(c) the day on which the person is required to be
released from detention under section 227.
276C Persons who turn 18 years while held on
remand or serving period of detention
(1) If a person turns 18 years while being held on
remand or serving a period of detention in a
detention centre, the person must be transferred to
a corrective services facility to be held on remand
or to serve the remaining period of detention as a
term of imprisonment.
(2) The transfer under subsection (1) must be made—
(a) if a direction about the person is given under
section 276D and the chief executive
revokes the direction—within 30 days after
the direction is revoked; or
(b) otherwise—within 30 days after the day the
person turns 18 years.
(3) A failure to comply with subsection (2) does not
affect—
(a) the requirement to transfer the person under
subsection (1); or
(b) the validity of a transfer under subsection
(1).
(4) The chief executive must, as soon as practicable
after becoming aware that a person is likely to be
transferred under this section, give the chief
executive (corrective services) a notice stating the
following—
(a) the person’s name;
(b) the day the transfer is likely to occur;
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(c) if the person is serving a period of
detention—
(i) the period of detention the person
remains liable to serve when the notice
is given; and
(ii) the day on which the person is required
to be released from detention under
section 227.
(5) The chief executive must, as soon as practicable
after the day of the transfer is known, give the
chief executive (corrective services) a notice
stating the following—
(a) the person’s name;
(b) the day of the transfer;
(c) if the person is serving a period of
detention—
(i) the period of detention the person
remains liable to serve after the day of
the transfer; and
(ii) the day on which the person is required
to be released from detention under
section 227.
Subdivision 2 Chief executive may direct
detainment in detention
centre
276D Chief executive may direct particular person
be detained in detention centre
(1) This section applies in relation to a person
mentioned in section 276C(1) who is, or is to be,
transferred to a corrective services facility.
(2) The chief executive may, in writing, direct that
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the person is to be held on remand or detained in
a detention centre.
(3) In giving the direction, the chief executive—
(a) must have regard to—
(i) the interests of the person; and
(ii) the interests of other detainees and staff
at the detention centre; and
(b) may have regard to any other matter the
chief executive considers appropriate.
(4) If a direction under subsection (1) is in effect the
person the subject of the direction is to be held on
remand or detained in a detention centre under the
direction.
(5) The chief executive may, in writing, revoke the
direction at any time.
(6) The chief executive must notify the person to
whom the direction relates that the direction has
been made or revoked for the person under this
section.
(7) The chief executive is not required to provide
procedural fairness in giving or revoking a
direction under this section.
Subdivision 3 Application of Corrective
Services Act 2006
276E Application of Corrective Services Act 2006
(1) This section applies if—
(a) a person is delivered into the custody of the
chief executive (corrective services) under
section 276A(5)(a); or
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(b) a person is detained in a corrective services
facility under section 276B; or
(c) a person is transferred to a corrective
services facility under section 276C.
(2) For holding the person at a corrective services
facility—
(a) the person is taken to be a prisoner under the
Corrective Services Act 2006; and
(b) any rights, liberties or immunities of the
person as a detainee under this Act are not
preserved, transferred or otherwise
applicable for the person as a prisoner; and
(c) if the person is serving a period of detention,
or liable to serve a period of detention—
(i) the person is liable to serve a term of
imprisonment equal to the period of
detention the person remains liable to
serve when the person is delivered
under section 276A, detained under
section 276B or transferred under
section 276C; and
(ii) the day the person would otherwise
have been released under section 227,
for the period of detention, is the day
the person is to be released on parole
under the Corrective Services Act
2006.
(3) However, the release of the person 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.
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34 Amendment of s 289 (Recording, use or disclosure for
authorised purpose)
Section 289(c)(ii), ‘section 150(1)(i)’—
omit, insert—
section 150(3)(i)
35 Amendment of s 301A (Protection from liability)
Section 301A(1)(b)(ii), ‘section 150(1)(i)’—
omit, insert—
section 150(3)(i)
36 Insertion of new pt 11, div 25
Part 11—
insert—
Division 25 Transitional provisions for
Making Queensland Safer
Act 2024
429 Definitions for division
In this division—
amending Act means the Making Queensland
Safer Act 2024.
former, for a provision of this Act, means the
provision as in force immediately before the
commencement.
new, for a provision of this Act, means the
provision as in force from the commencement.
430 Application of new pt 6, div 11
New part 6, division 11, subdivision 3 applies in
Clause 1
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relation to an offender from the commencement,
whether the offence for which the offender is
charged was committed before or after the
commencement.
431 Application of former ss 135 and 136 for
person detained in detention centre before
commencement
(1) This section applies if, immediately before the
commencement, an offender is serving a term of
imprisonment, or is being held on remand, in a
detention centre under former section 135(3) or
136(2).
(2) New part 8, division 2A applies in relation to the
offender as if the offender had turned 18 years on
the commencement.
432 Applications made under former s 139 before
commencement
(1) This section applies if—
(a) before the commencement, an application to
be held in a detention centre was made
under former section 139; and
(b) immediately before the commencement the
application was not decided.
(2) On the commencement, the application lapses.
433 Application of new pt 7 and sch 1
(1) New part 7, other than new sections 210 and
256A, and new schedule 1 apply in relation to an
offence only if the offence was committed after
the commencement.
(2) Despite the amending Act, former part 7 and
former schedule 1 apply in relation to an offence
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committed before the commencement.
(3) New section 256A applies in relation to an
offence whether committed before or after the
commencement.
434 Application of Criminal Code, s 305
(1) This section applies for the purpose of applying
the Criminal Code, section 305(2) and (3) (the
Code provisions) to a child under section 175A(7)
of this Act.
(2) The court, in applying the Code provisions, may
have regard to an offence of murder that was
committed before the commencement, whether
the conviction or sentence for the murder
happened before or happens after the
commencement.
(3) Subsection (2) applies even if the offence of
murder is an offence—
(a) for which the court is also sentencing the
child; or
(b) that the court is taking into account on the
sentence of the child.
435 Application of new pt 8, div 2A
(1) Subject to sections 436 and 437, new sections 56
and 210 and new part 8, division 2A apply—
(a) in relation to a person mentioned in section
276A(1) whether the person started to be in
the custody of the commissioner of the
police service before or after the
commencement; and
(b) in relation to a person mentioned in section
276B(1), whether the person was sentenced
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to the period of detention before or after the
commencement; and
(c) in relation to a person mentioned in section
276C(1), whether the person started to be
detained or remanded in custody before or
after the commencement.
(2) If a person mentioned in subsection (1) turned 18
years before the commencement, for applying
new part 8, division 2A, the person is taken to
have turned 18 on the commencement.
436 Continued application of former pt 8, div 2A for
existing decisions by chief executive about
prison transfer notices
(1) This section applies if—
(a) before the commencement, the chief
executive had given a detainee—
(i) a notice of a decision to temporarily
delay giving, or not to give, the
detainee a prison transfer notice under
former section 276D(2); or
(ii) a prison transfer notice under former
section 276F; and
(b) for a notice mentioned in paragraph
(a)(i)—the date specified in the notice
occurs after the commencement; and
(c) immediately before the
commencement—the detainee is detained in
a detention centre.
(2) Former part 8, division 2A continues to apply in
relation to the person as if the amending Act had
not been enacted.
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437 Continued application of former pt 8, div 2A for
existing court applications
(1) This section applies—
(a) if—
(i) before the commencement, an
application to a court for a temporary
delay under former section 276P had
been made; and
(ii) immediately before the
commencement the court had not
decided the application; or
(b) if—
(i) before the commencement, an
application to the Childrens Court for a
review of the chief executive’s decision
under former section 276T had been
made; and
(ii) immediately before the
commencement the court had not
decided the application.
(2) The court may continue to hear and decide the
application under former part 8, division 2A as if
the amending Act had not been enacted.
(3) Former part 8, division 2A continues to apply in
relation to the person to whom the decision under
subsection (2) relates as if the amending Act had
not been enacted.
441 Transitional regulation-making power
(1) A regulation (a transitional regulation) may
make provision about a matter for which—
(a) it is necessary to make provision to allow or
facilitate the doing of anything to achieve
the transition from the operation of the
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former provisions of this Act to the
operation of the new provisions of this Act;
and
(b) this Act does not provide or sufficiently
provide.
(2) A transitional regulation may have retrospective
operation to a day not earlier than the day this
section commences.
(3) A transitional regulation must declare it is a
transitional regulation.
(4) This section and any transitional regulation expire
on the day that is 1 year after the day this section
commences.
37 Amendment of sch 1 (Charter of youth justice principles)
(1) Schedule 1—
insert—
1A A child who commits an offence should be
held accountable in a way that recognises
the impact of the child’s offending on any
victim of that offending.
(2) Schedule 1, item 18—
omit.
(3) Schedule 1, items 1A to 17—
renumber as items 2 to 18.
38 Amendment of sch 4 (Dictionary)
(1) Schedule 4, definitions detainee, prison transfer notice,
review application and temporary delay—
omit.
(2) Schedule 4—
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insert—
detainee means a person—
(a) being held on remand, in the chief
executive’s custody, in connection with a
charge of an offence; or
(b) serving a period of detention, in a detention
centre, for an offence; or
(c) otherwise being held in custody in a
detention centre.
(3) Schedule 4, definition applicant, ‘section 282A(2)’—
omit, insert—
section 282BA(1)
(4) Schedule 4, definition detention order, after ‘175(1)(g)’—
insert—
, 175A(2)(b)
(5) Schedule 4, definition nominee, ‘section 282A(4)’—
omit, insert—
section 282BA(3)
(6) Schedule 4, definition probation order, after ‘175(1)(d)’—
insert—
, 175A(2)(a)
(7) Schedule 4, definition sentence order, paragraph (b)(i), after
‘175’—
insert—
, 175A
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Division 3 Amendments commencing on
proclamation
39 Insertion of new s 6
After section 5—
insert—
6 Meaning of criminal history of a child
(1) In this Act, criminal history, of a child, means—
(a) each caution administered to the child for an
offence; and
(b) each finding of guilt against the child for an
offence, other than a finding of guilt that is
set aside or quashed; and
(c) each restorative justice agreement made by
the child for an offence; and
(d) all findings and orders by a court, a
Childrens Court magistrate or other judicial
officer in relation to an offence that forms
part of the child’s criminal history,
including, for example, a finding that the
child has contravened a supervised release
order for a period of detention ordered in
relation to an offence.
(2) If a child fails to comply with a restorative justice
agreement that forms part of the child’s criminal
history, the child’s criminal history also includes
any action taken by a police officer under section
24(3).
(3) This section applies despite the Criminal Law
(Rehabilitation of Offenders) Act 1986.
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