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[s 40]
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Part 4 Amendment of Youth Justice Act 1992
40 Amendment of s 11 (Police officer to consider
alternatives to proceeding against child)
Section 11(2)(b), ‘, any previous cautions administered to the
child for an offence’—
omit.
41 Amendment of s 15 (Police officer may administer a
caution)
Section 15(3)—
omit.
42 Amendment of s 18 (Caution procedure must involve
explanation)
Section 18(1), after ‘effect of the caution’—
insert—
, including the effect on the child’s criminal
history
43 Amendment of s 20 (Child must be given a notice of
caution)
Section 20(2)(h), after ‘effect of a caution’—
insert—
, including the effect on the child’s criminal
history
44 Amendment of s 21 (Childrens Court may dismiss charge
if caution should have been administered or no action
taken)
Section 21(4)—
omit.
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Authorised by the Parliamentary Counsel
[s 45]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
45 Amendment of s 22 (When police officer may refer
offence for restorative justice process)
Section 22(5)—
omit, insert—
(5) The police officer must inform the child—
(a) generally of the restorative justice process
and potential consequences for the child of
failing to properly participate in the process;
and
(b) that the making of a restorative justice
agreement will form part of the child’s
criminal history.
46 Amendment of s 36 (Conference agreement)
Section 36—
insert—
(6) However, the conference agreement is not
evidence that the child committed the offence.
47 Amendment of s 148 (Evidence of childhood finding of
guilt not admissible against adult)
(1) Section 148(1)—
omit, insert—
(1) Subject to sections 148A and 148B, in a
proceeding against a person who is an adult for an
offence, there must not be admitted against the
person evidence that the person was found guilty
as a child of an offence if a conviction was not
recorded.
(2) Section 148(3)—
omit.
(3) Section 148(4)—
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[s 48]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
renumber as section 148(3).
48 Insertion of new ss 148AA and 148AB
After section 148—
insert—
148AA Admissibility and use of childhood criminal
history in sentencing adults
(1) This section applies in relation to a court that is
sentencing a person who is an adult for an
offence.
(2) During the prescribed period—
(a) section 148 does not prevent the court
admitting evidence that the person was
found guilty as a child of an offence without
the recording of a conviction; and
(b) the court may admit other evidence from the
person’s criminal history as a child; and
(c) a previous finding of guilt, other than an
excluded previous finding of guilt, against
the person as a child, for an offence without
the recording of a conviction that forms part
of the person’s criminal history as a child is
taken to be a previous conviction of the
person.
(3) Also, section 148 does not prevent the court from
receiving information about any other sentence to
which the person is subject under this Act if that
is necessary to mitigate the effect of the court’s
sentence.
(4) In this section—
excluded previous finding of guilt means a
finding of guilt to which section 148B(2) applies.
prescribed period, for a person, means a period of
5 years starting on the latest day that a matter
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Authorised by the Parliamentary Counsel
[s 48]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
became part of the person’s criminal history as a
child.
148AB Admissibility of childhood finding of guilt
against adult for particular purposes
(1) This section applies to—
(a) a proceeding before a court to hear and
determine a charge against a person who is
an adult of an offence under the Criminal
Code, section 328A, on indictment or
summarily, alleged to have been committed
after a previous conviction mentioned in
that section; or
(b) a proceeding before a court for the
sentencing of a person who is an adult—
(i) convicted of an offence under the
Criminal Code, section 328A(2)(c); or
(ii) convicted of an offence to which the
Criminal Code, section 328A(3)
applies.
(2) Section 148 does not prevent the court admitting
a previous finding of guilt against the person, as a
child, for a relevant offence without the recording
of a conviction if the finding of guilt—
(a) forms part of the person’s criminal history
as a child; and
(b) was made during a period of 5 years before
the offence mentioned in subsection (1) was
committed.
(3) In this section—
relevant offence means an offence mentioned in
the Criminal Code, section 328A(2)(c) or (3).
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Authorised by the Parliamentary Counsel
[s 49]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
49 Renumbering of ss 148AA–148A
Sections 148AA to 148A—
renumber as sections 148A to 148C.
50 Amendment of s 150 (Sentencing principles)
Section 150(3)(e), as renumbered by this Act, ‘previous
offending’—
omit, insert—
criminal
51 Amendment of s 150A (Serious repeat offenders)
Section 150A(2)(c)(i) and (3)(e), ‘previous offending’—
omit, insert—
criminal
52 Omission of s 154 (Finding of guilt as child may be
disclosed while a child)
Section 154—
omit.
53 Amendment of s 252G (Matters relevant to making further
order)
Section 252G(3)—
omit.
54 Replacement of ss 282A and 282B
Sections 282A and 282B—
omit, insert—
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Authorised by the Parliamentary Counsel
[s 54]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
282A Eligible persons register
(1) The chief executive must keep a register of
persons who are eligible to receive information
(detainee information) under section 282F about
a child who is serving a period of detention in a
detention centre for a violent offence or a sexual
offence.
(2) Subsection (3) applies if the chief executive
receives relevant information for the following
persons from the commissioner of the police
service or director of public prosecutions, in
relation to an offence mentioned in subsection
(1)—
(a) a victim of the offence;
(b) if a victim is deceased because of the
offence—an immediate family member of
the deceased victim.
(3) Subject to subsections (5) to (9), the chief
executive must register the person as an eligible
person in relation to the child detained for the
offence.
(4) Also, the chief executive may register a person
who applies for registration under section 282BA
as an eligible person.
(5) The chief executive must not register a person as
an eligible person unless the person, and any
nominee for the person, has given a declaration
under section 282B.
(6) The chief executive may decide not to register a
person as an eligible person if the chief executive
reasonably believes releasing detainee
information to the person may endanger—
(a) the security of a detention centre; or
(b) the safe custody or welfare of a child
detained in a detention centre; or
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Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
(c) the safety or welfare of another person.
Example—
Releasing detainee information to a child who is also
detained in a detention centre may endanger the safe
custody or welfare of the child sentenced to detention
for the offence.
(7) The chief executive may register a child as an
eligible person only if it is in the child’s best
interests.
(8) If the chief executive proposes to register a child
in care as an eligible person, the chief executive
must consult with the chief executive (child
safety) before deciding what is in the child’s best
interests under subsection (7).
(9) Before registering an eligible person under
subsection (3), the chief executive must give the
child detained for the offence a reasonable
opportunity to make a submission to the chief
executive about why the victim or immediate
family member should not be registered as an
eligible person.
(10) In this section—
child in care means a child—
(a) who is in the custody or guardianship of the
chief executive (child safety); or
(b) who, under an agreement entered into by the
chief executive (child safety) and a parent of
the child, has been placed in the care of a
person other than a parent of the child.
relevant information, for a person, means—
(a) the name and contact details of the person;
and
(b) the person’s consent to being registered as
an eligible person.
sexual offence see the Corrective Services Act
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Authorised by the Parliamentary Counsel
[s 54]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
2006, schedule 4.
violent offence means an offence in which a
victim suffers actual or threatened violence.
282B Requirement for non-release declaration
The chief executive may register a person as an
eligible person only if the person, and any
nominee of the person, has signed a declaration
stating that the person or person’s nominee will
not disclose detainee information received by the
person or nominee other than as permitted under
section 282G(3).
282BA Applying for registration as an eligible
person
(1) The following persons (each an applicant) may
apply in writing to the chief executive to be
registered as an eligible person in relation to a
child mentioned in section 282A(1)—
(a) if a victim is a child—the child’s parent;
(b) if a victim is an adult with legal
incapacity—the adult’s guardian or attorney
appointed for the person under an enduring
power of attorney under the Powers of
Attorney Act 1998;
(c) another person who satisfies the chief
executive the person’s life or physical safety
could reasonably be expected to be
endangered because of—
(i) the child’s history of violence against
the person; or
Example—
a domestic violence order has been made
against the child under the Domestic and
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Authorised by the Parliamentary Counsel
[s 55]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
Family Violence Protection Act 2012 for the
benefit of the person
(ii) a connection between the person and
the offence.
(2) The application must be accompanied by
documentary evidence satisfying the chief
executive of the applicant’s identity.
(3) The applicant may nominate a person (a nominee)
to receive the detainee information for the
applicant.
Example—
a victim support worker from a victims’ support agency
(4) Before deciding an applicant is eligible under
subsection (1)(c) to make the application, the
chief executive must give the child a reasonable
opportunity to make a submission to the chief
executive about why the applicant should not be
registered as an eligible person.
55 Amendment of s 282D (Deciding application)
(1) Section 282D(1), ‘section 282A(2)’—
omit, insert—
section 282BA(1)
(2) Section 282D(2) to (5)—
omit, insert—
(2) However, the chief executive may refuse the
application if the chief executive considers the
person should not be registered as an eligible
person because of the application of section
282A(5) to (9).
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[s 56]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
56 Amendment of s 282E (Removing details from eligible
persons register etc.)
Section 282E(4) and (5), ‘section 282A(4)—
omit, insert—
section 282BA(3)
57 Amendment of s 282F (Releasing information)
Section 282F(2), ‘section 282A(4)—
omit, insert—
section 282BA(3)
58 Insertion of new ss 438–440
After section 437—
insert—
438 Admissibility and use of childhood criminal
histories and particular findings of guilt
(1) This section applies in relation to a proceeding
against an adult for an offence.
(2) The former Act applies to a proceeding for an
appeal from a sentence that happened before the
commencement.
(3) Subject to subsection (2), the new Act applies in
relation to a proceeding for an offence—
(a) whether the proceeding was started before,
or is started after, the commencement of this
section; or
(b) whether the offence was committed before,
or is committed after, the commencement of
this section.
(4) In this section—
former Act means this Act as in force
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Page 49
Authorised by the Parliamentary Counsel
[s 58]
Making Queensland Safer Bill 2024
Part 4 Amendment of Youth Justice Act 1992
immediately before the commencement of the
Making Queensland Safer Act 2024, part 4,
division 3.
new Act means this Act as in force from the
commencement of the Making Queensland Safer
Act 2024, part 4, division 3.
439 Criminal histories
(1) In new section 6—
(a) a reference to a caution does not include a
caution administered to a child before the
commencement; and
(b) a reference to a finding of guilt includes a
finding of guilt that was made in relation to
a child before the commencement; and
(c) a reference to a restorative justice agreement
does not include a restorative justice
agreement made by a child before the
commencement; and
(d) subject to subsection (2)—a reference to a
finding or order in relation to an offence that
formed part of a child’s criminal history
includes a finding or order that was made
before the commencement.
(2) New section 6 does not apply to a finding that a
child has contravened a supervised release order if
the finding was made before the commencement.
(3) New section 6 applies in relation to a person—
(a) whether the person is a child or an adult on
the commencement; and
(b) whether an offence committed by the person
as a child was committed before, or is
committed after, the commencement of this
section; and
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Making Queensland Safer Bill 2024
Part 5 Other amendments
(c) whether a proceeding for an offence against
the person as a child was started before, or is
started after, the commencement of this
section.
(4) For applying section 11 of the Act in relation to a
child after the commencement, a reference to a
child’s criminal history is taken to include any
previous cautions administered to the child for an
offence.
(5) In this section—
new section 6 means section 6 as in force from the
commencement.
440 Release of information to eligible persons
New part 8, division 7 applies in relation to
detainee information about a child whether the
violent offence or sexual offence for which the
child has been detained was committed before or
after the commencement.
59 Amendment of sch 4 (Dictionary)
Schedule 4—
insert—
criminal history, of a child, see section 6.
Part 5 Other amendments
60 Legislation amended
Schedule 1 amends the legislation it mentions.
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Making Queensland Safer Bill 2024
Page 51
Authorised by the Parliamentary Counsel
Schedule 1 Other amendments
section 60
Corrective Services Act 2006
1 Schedule 4, definition parole order, note—
omit, insert—
Note—
Under the Youth Justice Act 1992, sections 136 and
276E, the provisions of this Act that apply to a parole
order also apply to a statutory parole order under those
sections of that Act.
Dangerous Prisoners (Sexual Offenders) Act 2003
1 Section 5(6), definition prisoner, paragraph (b), ‘section
138(3)’—
omit, insert—
section 135(7)
Evidence Act 1977
1 Section 132C(5), definition allegation of fact, paragraph
(b), ‘section 150(4A)’—
omit, insert—
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