Corrective Services and Other Legislation Amendment Bill 2020
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Corrective Services and Other Legislation
Amendment Bill 2020
Explanatory Notes
Short title
The short title of the Bill is the Corrective Services and Other Legislation Amendment
Bill 2020 (the Bill).
Policy objectives and the reasons for them
The objective of the Bill is to respond to the immediate risks identified in the Crime
and Corruption Commission’s Taskforce Flaxton: An examination of corruption risks
and corruption in Queensland’s prisons (Taskforce Flaxton)
, support the Government’s
implementation of recommendations from the Queensland Parole System Review
(QPSR), and improve operational efficiencies for Queensland Corrective Services
(QCS) and the Parole Board Queensland (PBQ).
The Bill creates a permanent firearms amnesty in support of a 2019 resolution of the
Ministerial Council for Police and Emergency Management to establish a national
permanent firearms amnesty.
It also includes amendments that support the implementation of the Queensland
Police Service (QPS) policy on replica firearms, and makes a minor technical
amendment to the Racing Integrity Act 2016 and the Racing Integrity Regulation 2016.
Amendments to the Corrective Services Act 2006
In 2019, the Government supported or supported-in-principle all 33 recommendations
made in the Crime and Corruption Commission’s Taskforce Flaxton Report. In order
to better prevent, detect and deal with corrupt conduct in Queensland corrective
services facilities, a number of amendments to the Corrective Services Act 2006
(CS Act) were identified as immediate priorities to assist QCS to execute its duties to
address corruption within the organisation.
These amendments include:
• Authorising the chief executive to require corrective services staff to submit to
alcohol and drug testing (recommendation 18).
• Granting broader powers to search staff working in corrective services
facilities (recommendation 20).
• Improving property and exhibit management policies and practices to decrease
corruption risk (recommendation 22).
• Broadening the remit of the Ethical Standards Unit to provide prevention and
early intervention, professional standards, integrity policy framework,
complaints management, investigation, discipline system, witness support,
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critical incidents, covert operations and risk management (recommendation
30(a)).
• QCS and the QPS collaboratively reviewing the service delivery model used
to investigate criminal offences in prisons and ensuring that only appropriate
incidents are referred to the QPS for investigation (recommendation 32(b)).
• Addressing the risk of inappropriate relationships between staff and prisoners
or offenders to prevent corrupt conduct and build robust integrity and
professional standards in QCS (recommendation 11).
The Bill introduces a new offence prohibiting a staff member from having an intimate
relationship with a prisoner or offender. This offence includes sexual conduct or other
physical expressions of affection or sexual contact, or the exchange of written or other
forms of communications of a sexual nature. The offence does not apply if the staff
member could not have reasonably known the person was an offender or if the
intimate relationship commenced before the person was a prisoner or offender. The
offence will attract a maximum penalty of 100 penalty units or 3 years imprisonment
to reflect the severity of the behaviour.
The Bill also introduces a new offence to prohibit an offender from removing or
tampering with an electronic monitoring device, without a reasonable excuse, with a
maximum penalty of 30 penalty units, 3 months imprisonment. The new offence is
intended to provide consistency with similar existing offences in the Bail Act 1980
and the Dangerous Prisoners (Sexual Offenders) Act 2003.
The new alcohol and drug testing regime for QCS staff includes a new offence to
prohibit interference with a test sample given by a corrective services officer or a
corrective services recruit. The offence will attract a maximum penalty of 100 penalty
units in line with a similar offence in the Police Service Administration Act 1990.
The Bill includes a number of amendments that ensure corrective services legislation
is responsive and flexible, supports effective rehabilitation and reintegration, and
reflects contemporary best practice and broader community expectations. These
amendments include:
• Allowing flexibility in the management of prisoners subject to maximum
security orders, to allow a prisoner to be accommodated in a location other
than a maximum security unit, and providing that a maximum security order
can be suspended while a prisoner is outside QCS’s custody.
• Extending early and late discharge provisions to also include prisoners being
released from custody on parole.
• Providing clarity and consistency on a corrective services officer’s power to
execute a warrant and arrest a prisoner unlawfully at large.
• Clarifying QCS’s authority to prevent inappropriate payments into a prisoner’s
trust account.
• Facilitating collaboration between QCS and law enforcement agencies in
Queensland and other Australian jurisdictions.
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The Bill includes a number of minor amendments identified by the PBQ to improve
the efficiency of functions of the PBQ and ‘No Body, No Parole’ laws. These
amendments include:
• Ensuring the PBQ is able to effectively and efficiently consider ‘No Body, No
Parole’ matters.
• Ensuring a more consistent, accountable and deliberate approach for the PBQ
hearing of ‘No Body, No Parole’ matters.
• Improving PBQ operational efficiency by allowing the PBQ to cancel a parole
order at the same time it considers suspending a parole order.
The Bill implements QPSR recommendation 85, to allow a person registered on the
Victims Register to apply to the PBQ for an extension of the 21-day period allowed to
provide submissions. It also implements the Government’s position on
recommendation 58, restricting prisoners convicted of a sexual offence, murder or
serving a life sentence from placement in a low custody facility. Further amendments
support implementation of QPSR recommendations 33, 59 and 81.
Amendments to the Weapons Act 1990
Permanent Firearms Amnesty
In November 2019 the Ministerial Council for Police and Emergency Management
passed a resolution agreeing to the establishment of a permanent national firearms
amnesty. Amendments contained in the Bill give effect to this resolution in
Queensland. The aim of a permanent firearms amnesty is to improve public safety by
reducing the number of unregistered firearms and firearm-related articles in the
community. Allowing people to hand in such items without fear of prosecution
removes a significant barrier to firearms and other related items being relinquished,
resulting in fewer in the community.
Previous, temporary, firearms amnesties have enabled items to be handed in at either
firearms dealers or police stations. This proved an effective way of encouraging
participation in the scheme.
The permanent amnesty will continue this practice. Firearms, and other prescribed
items, will be able to be handed in to either an approved licensed dealer or a police
station. An approved licensed dealer will be one approved by the Commissioner. This
limits the firearms dealers participating in the scheme to those willing to undertake the
role, and to those best equipped to do so.
Incorporating both approved firearms dealers and police stations, provides a larger
number of locations that members of the public can hand in the firearm and enables
persons who may be hesitant to attend a police station with an alternative drop off
point.
Under the provisions a person cannot be prosecuted for the possession of the item if
they are at, or proceeding directly to, a police station or approved firearms dealer for
the purpose of relinquishing the item.
The protection from prosecution extends only to the offence of possessing the firearm,
or other item, and not to any other offences that may be associated with it.
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The Bill also provides an additional subject matter for the weapons regulation in
relation to the firearms amnesty. The clause provides that a regulation can regulate the
things and conditions under a section 168B firearms amnesty. This ensures that the
day to day machinery matters associated with the firearms amnesty are appropriately
captured within the regulation.
Meaning of ‘reasonable excuse’ for possession of replica firearms
The Bill contains amendments which support a new policy regulating the acquisition
and possession of replicas of firearms introduced in response to a rise in the number
of incidents of the misuse of such items in the community. The regulation of replica
firearms is brought about through amendments to the Weapons Categories Regulation
1997 by classifying replicas of firearms as ‘restricted items’. These amendments are
to be made separately to this Bill.
Section 67, of the Weapons Act makes it an offence to acquire or possess a restricted
item without a ‘reasonable excuse’. Whether something is or is not a reasonable
excuse will depend on all the circumstances at the time. It is essentially whether a
reasonable person would consider it a reasonable excuse to possess the item.
Ultimately, whether something is or is not a reasonable excuse is a matter to be
determined by a court.
The amendments contained in the Bill are aimed at clarifying certain circumstances
that constitute a reasonable excuse, without limiting what other circumstances may
also be a reasonable excuse.
The Government acknowledges that there are some legitimate uses for replica
firearms and their possession in the community. The amendments clarify that it is a
reasonable excuse to possess replica firearms (such as gel blasters) if the person is a
member of a club carrying out recreational activities involving these devices.
For this provision to have effect, not only must a person be a member of such an
association, but their possession of the item must be for the purpose of taking part in
the activities of that club.
The association may be incorporated or unincorporated to allow for inclusion of clubs
that are not commercial in nature. It is intended, however, that the association be
formal in nature with a degree of organisation and structure and that it be something
to which formal membership is possible, rather than an informal or ad hoc group.
The amendment links the meaning of ‘association’ to the meaning of the term in the
Associations Incorporation Act 1981,which refers to the body being formed ‘for a
lawful purpose’. This limits the provision to groups who carry out activities lawfully
and, as such, precludes activities involving the use of replica firearms in a public place
since exposing a replica firearm to view in a public place is unlawful.
The amendments also provide that it is a reasonable excuse for the holder of a
collector’s licence to acquire or possess a replica firearm, or a deactivated firearm that
would, if not deactivated, be a category A, B, or C weapon, if it is possessed as part of
their collection. This provision will enable museums and other licenced weapons
collectors to acquire and retain possession of these items under their licence.
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Amendment to the Weapons Regulation 2016
Permanent Firearms Amnesty
The Bill amends the Weapons Regulation 2016 by providing that for the purposes of
the firearms amnesty under section 168B, a person must notify the relevant approved
licensed dealer or police station of their intention to surrender a firearm or prescribed
thing prior to taking it to that location unless they have a reasonable excuse.
The amendment reduces the risk of persons intercepted by police while unlawfully in
possession of a firearm or prescribed thing being able to falsely rely on the firearms
amnesty to avoid prosecution.
The provision applies unless a person has a reasonable excuse. This provides for
circumstances that may arise in which it is impracticable to have notified the
approved licensed dealer or police station in advance.
Amendment to the Racing Integrity Act 2016
A relocation of current section 98A of the Racing Integrity Act 2016 from chapter 4
headed ‘Racing Bookmakers’ to another location in the legislation is required to
clarify that information sharing arrangements may be entered into with a relevant
agency for the purposes of all Racing Integrity Commission functions. Currently there
may be a perception that information sharing arrangements are limited to information
related to racing bookmakers and associates.
Achievement of policy objectives
The Bill achieves these objectives by amendments which include:
Amendments to the Corrective Services Act 2006
Taskforce Flaxton
• Providing the chief executive with the authority to require a corrective
services officer or corrective services recruit to submit to alcohol or drug
testing.
• Providing the chief executive with the authority to require a staff member to
submit to a search before they enter and at any time they are at a corrective
services facility.
• Providing clear authority for QCS to destroy or dispose of forfeited things that
are not considered inherently unsafe.
• Authorising the appointment, role and function of inspectors to investigate
misconduct or corrupt conduct alleged against a staff member.
• Providing the chief executive with discretion to decide whether to refer a
matter that could be dealt with either as an offence or as a breach of discipline
to the Queensland Police Service Commissioner. Sexual offences and offences
with a maximum penalty of 14 years or more must be referred to the
Commissioner of police.
New Offences
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• The Bill creates a new offence prohibiting a staff member from having an
intimate relationship with a prisoner or offender.
• The Bill creates a new offence for offenders who remove or tamper with an
electronic monitoring device, to deter this behaviour.
• The Bill creates a new offence prohibiting interference with a sample given by
a corrective services officer or corrective services recruit.
Queensland Parole System Review
The Bill makes amendments to support implementation of recommendations of the
QPSR and implements the Government’s response to recommendation 58, including:
• Allowing persons registered on the Victims Register to apply to the PBQ for
an extension of time to provide a submission.
• Providing flexibility for prisoners who are parent or kin to have access to
compassionate leave to establish and maintain relationships with children.
• Providing that a person on the Victims Register will be notified of a prisoner’s
discharge or release as soon as practicable after QCS is made aware.
• Clarifying that prisoners convicted of a sexual offence, murder or serving a
life sentence are ineligible for transfer from a secure facility to a low custody
facility.
Safer community and correctional environments
The Bill also achieves the objective of improving efficiencies for QCS by:
• Allowing a prisoner on a maximum security order (MSO) to be
accommodated in a location other than a maximum security unit, and
clarifying that an MSO can be put on hold while a prisoner is not in QCS’s
custody.
• Removing the requirement that a prisoner must possess a corrective services
order when on parole, at a work camp, or on a leave of absence from a
corrective services facility.
• Expanding early and late discharge provisions to also include prisoners being
released from a corrective services facility on parole.
• Providing clarity on the authority of a corrective services officer to execute a
warrant and arrest a prisoner unlawfully at large.
• Providing the express authority for the chief executive to approve or refuse
deposits into a prisoner’s trust account.
• Repealing the requirement for doctors to be appointed for each corrective
services facility under the CS Act and replacing references to medical
services, as the 2008 change in administrative arrangements relating to
offender health services made these provisions redundant.
• Expanding the definition of a law enforcement agency to enable criminal
justice agencies to perform their function as established in law.
• Repealing outdated provisions that are no longer applicable or have been
abolished, and amending administrative and technical inconsistencies.
Parole Board Queensland and ‘No Body, No Parole’ laws
• Providing that the PBQ must have regard to transcripts of a proceeding against
a prisoner for the offence which are relevant to the prisoner’s cooperation in
the location of victim’s remains under the ‘No Body, No Parole’ scheme.
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• Clarifying that the PBQ is to sit with a quorum of five members when
considering ‘No Body, No Parole’ matters and streamlining quorum
requirements for matters that do not involve a prescribed prisoner’s parole
application.
• Allowing the PBQ to determine when a reconsidered decision to suspend or
cancel a parole order takes effect.
• Ensuring the PBQ is able to prioritise immediate suspension request
considerations and decisions.
• Enabling the PBQ to also cancel a parole order following a request by QCS for
an immediate suspension.
• Authorising the Governor in Council to appoint an acting prescribed board
member for up to 12 months (increased from 3 months).
• Removing the requirement for an officer of the secretariat to be prescribed by
regulation.
Amendment to the Criminal Code
The Bill amends the Criminal Code to clarify that corrective services officers who are
the victims of a serious assault have the same level of protection as any other public
officer.
Amendments to the Weapons Act 1990
Permanent Amnesty
The Bill will amend the Weapons Act 1990 to provide a permanent firearms amnesty
by:
• Replacing the existing section 168B and replacing it with a provision that
provides that a person unlawfully in possession of a firearm, or prescribed
items, will not be prosecuted for the possession of the item if they are at, or
proceeding directly to, a police station or approved firearms dealer to
relinquish it.
• Providing that for this provision to apply the person must also comply with
any condition in regulation regarding taking it to these locations.
• Prescribed items are to include a magazine for a weapon, a category R weapon
that is not a firearm and any items prescribed in regulation.
• Including a provision that states that the requirement for a licenced dealer to
obtain a person’s personal details does not apply if they receive an item
anonymously under this amnesty provision. The licensed dealer must,
however, then give the item received to police.
• Including a definition of ‘approved licensed dealer’ to include licensed dealers
listed as ‘approved licensed dealers’ on the QPS website.
• Clarifying that items surrendered to a police station will be forfeited to the
State.
Meaning of ‘reasonable excuse’ for replica firearms
The Bill will amend the Weapons Act to clarify the meaning of ‘reasonable excuse’
by:
• Amending section 67 to provide that is it a reasonable excuse for a person to
possess or acquire a replica of a firearm if they are a member of an association
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carrying out recreational activities and the item is possessed for the purpose of
carrying out these activities.
• Amending section 67 to provide that it is a reasonable excuse to possess a
replica of a firearm or a weapon, that is permanently inoperable and would be,
if it were not permanently inoperable, a category A, B or C weapon, if the
person is the holder of a collector’s licence and the person’s reason for
possession is for it to be part of the persons collection of weapons.
• Clarifying that the inclusion of these circumstances do not limit what other
circumstances may constitute a reasonable excuse.
• Clarifying that a relevant association carrying out recreational activities may
be either incorporated or unincorporated and that ‘association’ has the
meaning provided in the Associations Incorporation Act 1981.
• Clarifying that the activities must be carried out in a place, other than in a
public place, and in a manner not reasonably able to be seen from a public
place.
Amendment to the Racing Integrity Act 2016
The Bill will achieve its objective by relocating section 98A (Exchange of
information) of the Racing Integrity Act 2016 from chapter 4 headed ‘Racing
Bookmakers’ to new part 6A (Information sharing) of chapter 2 headed ‘Queensland
Racing Integrity Commission’. The relocation of section 98A to chapter 2 will clarify
that the Racing Integrity Commission’s ability to exchange information with a
relevant agency applies to all functions of the Commission and is not limited to
information related only to racing bookmakers and associates.
The Bill will renumber section 98A to section 53A and include consequential
amendments to update the cross references in the relevant provisions in the Act and
Regulation.
Alternative ways of achieving policy objectives
There are no alternative ways to achieve the policy objectives.
Estimated cost for government implementation
There are no anticipated costs to government in implementing the Bill.
Any costs incurred through the implementation of the Weapons Act amendments will
be met through existing budgets.
Consistency with fundamental legislative principles
The Bill is considered consistent with fundamental legislative principles as per section
4(2) of the Legislative Standards Act 1992.
Amendments in the Bill, such as introducing an offence to prohibit removal or
tampering with a monitoring device, clarifying that the chief executive may approve
or refuse funds into a prisoner’s trust account and restricting the placement of certain
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prisoners may be considered inconsistent with fundamental legislative principles.
However, these are considered justified in that the amendments reflect community
expectations, appropriate management of prisoners and offenders, and community
safety.
The Weapons Act amendments contained in the Bill have sufficient regard to the
rights and liberties of individuals and the institution of Parliament and has been
drafted with due regard to the fundamental legislative principles as defined in section
4 of the Legislative Standards Act 1992.
Consultation
Amendments to the Corrective Services Act 2006
A consultation draft of the Bill was provided to the Crime and Corruption
Commission and the Parole Board Queensland.
The following key stakeholders were consulted on the amendments to the CS Act,
included in the Bill: Aboriginal and Torres Strait Islander Legal Services (QLD),
Aboriginal and Torres Strait Islander Women’s Legal Services NQ Inc, Bar
Association of Queensland, District Court of Queensland, Magistrates Court of
Queensland, Supreme Court of Queensland, Legal Aid Queensland, Office of the
Director of Public Prosecutions, Prisoners Legal Service, Queensland Court of
Appeal, Queensland Indigenous Family Violence Legal Service, Queensland Law
Society, Women’s Legal Service Queensland, Bravehearts, Protect All Children
Today Queensland, Queensland Council for Civil Liberties, Queensland Homicide
Victims Support Group, Sisters Inside and Together Union.
Stakeholder feedback has been taken into account in finalising the Bill.
Amendments to the Weapons Act 1990
Firearm and gel blaster industry stakeholders were consulted on the content of the
replica firearm policy at the Minister for Police and Minister for Corrective Services
Firearms Advisory Forum. Representatives of the Firearms Dealers association and
Shooters Union were consulted about establishing a permanent firearms amnesty.
Community feedback was also collected through an online response portal managed
by Smart Service Queensland. The survey commenced on 10 February 2020 for a
period of four weeks.
Stakeholder feedback has been taken into account in finalising the Bill.
Amendment to the Racing Integrity Act 2016
No external consultation was undertaken as there was no change in policy and the
amendment only involves relocating an existing provision.
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Notes on provisions
Part 1 Preliminary
1 Short title
Clause 1 states that, when enacted, the Bill will be cited as the Corrective Services
and Other Legislation Amendment Act 2020.
2 Commencement
Clause 2 states those parts of the Bill that will commence on a date to be fixed by
proclamation.
Part 2 Amendment of Corrective Services Act 2006
3 Act amended
Clause 3 states that this part amends the Corrective Services Act 2006.
4 Amendment of s 60 (Maximum security order)
Clause 4 inserts a new section 60(1A) to allow a prisoner subject to a maximum
security order to be accommodated for whole or part of the period of the order in an
area other than a maximum security unit within a corrective services facility.
5 Amendment of s 62 (Other matters about maximum security order)
Clause 5 amends section 62 to ensure that the amendments made to clause 4 apply to
this section.
6 Insertion of new s 63A
Clause 6 inserts a new section 63A to provide that if a prisoner subject to a maximum
security order is required to be transferred outside of the chief executive’s custody, for
example under section 68(5) to The Park: Centre for Mental Health, the maximum
security order is suspended while the prisoner is in the other person’s custody.
Subclause (3) makes it clear that the suspension ends when the prisoner returns to the
chief executive’s custody.
Subclause (4) provides that within seven days after the prisoner returns to the
corrective services facility, the chief executive must review and confirm, amend or
cancel the maximum security order.
7 Amendment of s 65 (Record)
Clause 7 amends section 65 to require the date a maximum security order is
suspended and the date the maximum security order suspension ends to be recorded.
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8 Amendment of s 66 (Work order)
Clause 8 omits the requirement for a prisoner to keep a copy of their work order in
their possession and, if asked by a corrective services officer or police officer,
produce the copy of the order for inspection. This requirement is redundant due to
advances in technology and information sharing between agencies.
9 Amendment of s 67 (Restriction on eligibility for transfer to work
camp)
Clause 9 is a consequential amendment made in clause 11.
10 Amendment of s 68 (Transfer to another corrective services facility or
a health institution)
Clause 10 is a consequential amendment made in clause 11.
11 Insertion of new s 68A
Clause 11 inserts a new section 68A to provide that a prisoner convicted of a sexual
offence, murder or serving a life sentence is not eligible to be transferred to a low
custody corrective services facility.
The reference to a ‘sexual offence’ means an offence mentioned in schedule 1 of the
Act, or an offence against a law applying or that applied in another jurisdiction that
substantially corresponds to an offence in schedule 1, as defined in the dictionary and
amended by clause 53.
Subclause (2) makes it clear that this section is subject to a declaration of emergency
under section 268 and is consequential to the amendment made in clause 41.
Subclause (3) inserts a new definition of ‘low custody facility’ to mean a prison, other
than a secure facility, a community corrections centre or a work camp. Low custody
facilities include, for example, the Helana Jones Centre, Numinbah Correctional
Centre, Palen Creek Correctional Centre, Capricornia Correctional Centre Farm,
Townsville Correctional Centre Farms, and the Lotus Glen Correctional Centre Farm.
12 Amendment of s 73 (Compassionate leave)
Clause 12 inserts a new section 73(1)(e) to enable a prisoner who is a child’s parent or
kin, to be granted compassionate leave to establish or maintain a relationship with the
child.
Subclause (2) inserts a new definition of ‘kin’ with reference to the definition in the
Child Protection Act 1999, schedule 3.
13 Amendment of s 84 (Prisoner’s duties while on leave)
Clause 13 omits the requirement for a prisoner to keep a copy of their leave of
absence order in their possession and, if asked by a corrective services officer or
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police officer, produce the copy of the order for inspection. This requirement is
redundant due to advances in technology and information sharing between agencies.
14 Omission of ch 2, pt 2, div 10 (Conditional release)
Clause 14 omits provisions associated with conditional release. These sections are
redundant due to the conditional release eligibility criteria described within section
97(1).
15 Insertion of new s 110A
Clause 15 inserts a new provision that allows the chief executive to release a prisoner
from custody early on parole. This ability is restricted to releasing a prisoner within
seven days immediately before their parole release day and mirrors the existing
section 110 which provides for early discharge.
Subclause (2) makes it clear that the prisoner is subject to the conditions of the parole
order upon release from custody.
16 Amendment of s 111 (Remaining in corrective services facility after
discharge day)
Clause 16 amends section 111 to allow a prisoner to apply to remain in a corrective
services facility after their release day.
Subclause (4) inserts a new definition of ‘release day’ for this section, meaning the
day on which a prisoner is to be released on parole.
17 Amendment of s 114 (Breach of discipline constituting an offence)
Clause 17 amends section 114 to provide the chief executive with discretion as to
whether to refer a matter to the Queensland Police Service Commissioner. If the chief
executive decides to refer the matter, the referral must occur within 48 hours. The
prisoner must also be told that the matter has been referred to the Queensland Police
Service Commissioner within 48 hours.
Subclause (3) includes an internal limitation on the discretion to ensure that where a
matter could be prosecuted as a sexual offence pursuant to schedule 1 or as an offence
that has a maximum penalty of 14 years or more imprisonment, the matter must be
referred to the Queensland Police Service Commissioner.
18 Amendment of s 138 (Seizing property)
Clause 18 amends section 138 to make it clear that the requirements under section
140(6) do not apply to an item seized if the matter has been referred to the
Queensland Police Service Commissioner under section 114.
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19 Amendment of s 140 (Forfeiting seized thing)
Clause 19 amends section 140 to clarify that a thing forfeited under this section can
be destroyed.
20 Amendment of s 173 (Search of staff member)
Clause 20 amends section 173 to allow the chief executive to also require a staff
member to submit to a general search or scanning search at any time the staff member
is at a corrective services facility.
Subclause (2) extends the ability for the chief executive to direct a staff member to
leave a corrective services facility if they refuse to submit to a scanning search.
21 Insertion of new s 173A
Clause 21 creates a new offence prohibiting a staff member from having an intimate
relationship with an offender. The offence recognises that an intimate relationship can
include either or both sexual conduct, other physical expressions of affection or
sexual contact, or the exchange of written or other forms of communications of a
sexual or intimate nature.
The reference to ‘staff member’ means an employee of the department, an engaged
service provider or a corrective services officer, as defined in the dictionary.
The reference to ‘offender’ means a prisoner or a person subject to a community
based order, as defined in the dictionary (and as amended by clause 53).
The maximum penalty for this offence is 100 penalty units or 3 years imprisonment.
Subclause (3) provides that the offence does not apply if the staff member does not
know or could not reasonably have known that the person was an offender, or the
intimate relationship existed before the person became an offender.
22 Insertion of new ch 4, pt 5
Clause 22 provides that a corrective services officer conducting a scanning search
must ensure, as far as reasonably practicable, the way the person is searched causes
minimal embarrassment to the person, and that reasonable care is given to minimise
any physical contact with the person.
23 Amendment of s 188 (Submission from eligible person)
Clause 23 allows an eligible person to apply for an extension of time for making
written submissions to the Parole Board Queensland. The Parole Board Queensland
may grant an extension of time if considered reasonable in the circumstances.
Existing parole consideration timeframes provided for under section 193 still apply.
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24 Amendment of s 193A (Deciding particular applications where
victim’s body or remains have not been located)
Clause 24 amends section 193A(7)(a) to clarify that the Parole Board Queensland is
required to have regard to relevant remarks made by the court that sentenced the
prisoner to the eligible homicide offence and transcripts of proceedings for the
offence as requested by the prisoner.
The reference to ‘transcript of a proceeding’ means a transcription of a record under
the Recording of Evidence Act 1962 of the proceeding.
25 Amendment of s 193E (Reports about prisoners’ links to terrorism)
Clause 25 omits the references to the Australian Security Intelligence Organisation
and an immigration and border protection department under section 193E. These are
no longer required to be prescribed under section 193E following amendment of the
law enforcement definition in the dictionary, as amended by clause 53.
26 Amendment of s 194 (Types of parole orders granted by parole
board)
Clause 26 omits the requirement for a prisoner to keep a copy of their parole order in
their possession and, if asked by a corrective services officer or police officer,
produce the copy of the order for inspection. This requirement is redundant due to
advances in technology and information sharing between agencies.
27 Amendment of s 199 (Court ordered parole order)
Clause 27 omits the requirement for a prisoner to keep a copy of their parole order in
their possession and, if asked by a corrective services officer or police officer,
produce the copy of the order for inspection. This requirement is redundant due to
advances in technology and information sharing between agencies.
28 Amendment of s 200A (Directions to prisoners subject to parole
order)
Clause 28 amends section 200A(2)(c) to clarify that a corrective services officer may
direct the prisoner to allow the installation of a device or equipment at a stated place,
including, for example, the place where the prisoner resides.
Subclause (2) inserts a note to make it clear that the new offence provided for in
section 267 (clause 40) also applies to an offender directed to wear a stated device or
permit the installation of the device under this section.
29 Amendment of s 206 (Warrant for prisoner’s arrest)
Clause 29 inserts notes to clarify that section 112 provides for the power of the Parole
Board Queensland, a magistrate or the chief executive to issue a warrant for a
prisoner’s arrest if the prisoner is unlawfully at large and their parole order is
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suspended or cancelled, and the power of a corrective services officer to arrest a
prisoner without warrant in these circumstances.
30 Amendment of s 208 (Reconsidering decision to suspend or cancel
parole order)
Clause 30 clarifies that if the Parole Board Queensland changes its decision to
suspend or cancel a prisoner’s parole order, the changed decision has effect on the day
stated in the written notice.
31 Amendment of s 208B (Parole board or prescribed board member
may suspend parole order and issue warrant)
Clause 31 clarifies that the Parole Board Queensland may also cancel a prisoner’s
parole order following an immediate suspension request from the chief executive
under section 208A. A decision to cancel is taken to have been made under section
205(2).
Subclause (2) amends the timeframe for the Parole Board Queensland or prescribed
board member to consider a request made under section 208A, from ‘as a matter of
urgency’ to as soon as practicable.
Subclause (2) also makes it clear that the Parole Board Queensland or prescribed
board member can decide the priority for considering requests for immediate
suspension made under section 208A, having regard to the seriousness of the nature of
the grounds on which the requests are made.
Subclauses (3), (4) and (5) are consequential to the amendment.
Subclause (6) omits the requirement for an officer of the Parole Board Queensland
secretariat to be prescribed by regulation.
Subclause (7) makes it clear that when arrested, the prisoner is to be taken to a prison
and kept their for the suspension period, or required to serve the unexpired portion of
the prisoner’s period of imprisonment if the parole order is cancelled.
Subclause (7) also inserts notes to clarify that section 112 provides for the power of
the Parole Board Queensland, a magistrate or the chief executive to issue a warrant
for a prisoner’s arrest if the prisoner is unlawfully at large and their parole order is
suspended or cancelled, and the power of a corrective services officer to arrest a
prisoner without warrant in these circumstances.
32 Amendment of s 208C (Parole board must consider suspension by
prescribed board member)
Clause 32 clarifies that the Parole Board Queensland may also cancel a prisoner’s
parole order following consideration by the prescribed board member under section
208B. A decision to cancel is taken to have been made under section 205(2).
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33 Amendment of s 209 (Automatic cancellation of order by further
imprisonment)
Clause 33 amends section 209 to make it clear that unless subject to section 209(3), if
a prisoner commits an offence, in Queensland or elsewhere, during the period of the
parole order, and is sentenced to another period of imprisonment for this offence, the
parole order is taken to be automatically cancelled on the date the offence occurred,
whether or not the prisoner is sentenced to another period of imprisonment before or
after the parole order has expired.
Subclause (2) clarifies that subclause (1) applies whether or not the prisoner is
sentenced to the other period of imprisonment before or after the parole order has
expired. It also clarifies that the new subclause (1) is subject to the operation of
sections 205.
34 Amendment of s 210 (Warrant for prisoner’s arrest)
Clause 34 omits the requirement for an officer of the Parole Board Queensland
secretariat to be prescribed by regulation.
Subclause (2) inserts notes to clarify that section 112 provides for the power of the
Parole Board Queensland, a magistrate or the chief executive, to issue a warrant for a
prisoner’s arrest if the prisoner is unlawfully at large and their parole order is
suspended or cancelled, and the power of a corrective services officer to arrest a
prisoner without warrant in these circumstances.
35 Amendment of s 211 (Effect of cancellation)
Clause 35 inserts a note to clarify that for subsections (1)(a), (b), (c) and (d), sections
208B(6) and 208C(2) are relevant.
36 Amendment of s 228 (Acting appointments)
Clause 36 increases the duration the Governor in Council may appoint a qualified
person to act in the office of a prescribed board member from three months to one
year.
37 Amendment of s 234 (Meetings about particular matters relating to
parole orders)
Clause 37 omits the requirements under sections 234(3) to (6) to provide that specific
additional Parole Board Queensland quorum requirements are only mandated for a
prescribed prisoner’s applications for parole.
Subclause (3) amends section 234 to ensure that a prescribed prisoner includes a
prisoner captured under ‘No Body, No Parole’, as mentioned in section 193A(1).
Subclause (4) renumbers section 234(7) following the repeal of sections 234(3) to (6).
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38 Amendment of s 265 (Administrative procedures)
Clause 38 omits an outdated note that references the website of a former department.
Subclause (2) clarifies that the chief executive also does not need to publish an
administrative procedure if the publication may compromise the safe or effective
management of offenders.
39 Amendment of s 266 (Programs and services to help offenders)
Clause 39 amends section 266 to clarify that the chief executive must establish ‘or
facilitate’ programs or services as listed in paragraphs (a) to (d).
Subclauses (2) and (3) replace the reference to ‘medical’ programs or services with
programs or services to support the health and wellbeing of prisoners.
Subclause (4) renumbers paragraphs (aa) to (d) consequential to the amendment to
section 266(1).
Subclause (5) omits the example provided for section 266(2) as it is redundant.
The amendments recognise that since 2008, and in accordance with current
Administrative Arrangements Orders, Queensland Health has been responsible for the
delivery of prisoner health services in all publicly operated corrective services
facilities.
40 Amendment of s 267 (Monitoring devices)
Clause 40 clarifies that the chief executive may direct an offender to wear a stated
device, or permit the installation of a device or equipment associated with the device
at a stated place, including, for example where the offender resides. This amendment
supports existing section 267, which allows the chief executive to require an offender
to wear a device to monitor their location if considered reasonably necessary.
Subclause (2) inserts a new offence for an offender to remove or tamper with a
monitoring device or associated equipment, without reasonable excuse, if they have
been directed to wear a monitoring device under either section 200A or section 267.
The maximum penalty for this offence is 30 penalty units or 3 months imprisonment.
41 Amendment of s 268 (Declaration of emergency)
Clause 41 clarifies that a declaration of emergency may be made if the chief executive
reasonably believes a situation exists that threatens, or is likely to threaten, the
security and good order of a prison, or the safety of a prisoner or another person in a
prison. This recognises that an event such as a natural disaster may threaten a prison
while not occurring specifically at a prison.
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Subclause (2) inserts that, with the Minister’s approval, the chief executive may
declare a place to be a temporary corrective services facility for the period a
declaration of emergency is in force.
Subclause (3) ensures that during a declaration of emergency the chief executive may
transfer the prisoners to another corrective services facility, including a temporary
corrective services facility, and then return the prisoners to the prison. This
amendment recognises the potential need during particular emergencies to evacuate a
prison to an appropriate alternative location, for the safety of prisoners and staff.
Subclause (4) renumbers paragraphs (aa) to (c) consequential to the amendment to
section 268(4).
42 Amendment of s 271 (Delegation of functions of chief executive)
Clause 42 amends section 271(1) to prohibit the delegation of the chief executive’s
power to require a corrective services officer or corrective services officer recruit to
submit to a random alcohol or drug test. This amendment is consequential to the
amendment in clause 48.
43 Omission of ch 6, pt 5 (Doctors)
Clause 43 omits Chapter 6, Part 5 (Doctors), which includes a requirement for the
chief executive to appoint at least one doctor for each prison and specifies the doctor’s
functions.
The amendment recognises that since 2008, and in accordance with current
Administrative Arrangements Orders, Queensland Health has been responsible for the
delivery of prisoner health services in all publicly operated corrective services
facilities.
44 Amendment of s 294 (Appointing inspectors generally)
Clause 44 amends section 294(2) to support the appointment of inspectors to
investigate misconduct or corrupt conduct alleged against a staff member.
Subclause (2) replaces the reference to a ‘probation and parole office’ with a
‘community corrections office’ in this provision to reflect changed terminology within
Queensland Corrective Services.
Subclause (3) renumbers paragraphs (aa) to (d) consequential to the amendment to
section 294(2).
45 Amendment of s 303 (Inspector’s powers generally)
Clause 45 amends section 303 to allow an inspector performing a function
under 294(2) to enter a corrective services facility or community corrections office at
any time.
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Subclause (2) replaces the reference to a ‘probation and parole office’ with a
‘community corrections office’ in this provision to reflect changed terminology within
Queensland Corrective Services.
46 Amendment of s 304 (Inspector’s power to require information)
Clause 46 amends section 304 to also allow an inspector investigating an incident, or
alleged misconduct or corrupt conduct of a staff member, to require a person
performing a function under the Corrective Services Act 2006 to provide information
about the incident, alleged misconduct or corrupt conduct.
47 Amendment of s 305 (Inspectors’ reports)
Clause 47 amends section 305(1) to require an inspector appointed to investigate an
incident, misconduct, or corrupt conduct alleged against a staff member, to give a
written report to the chief executive stating the result of the investigation and any
recommendations.
48 Insertion of new ch 6, pt 9A
Clause 48 introduces the authority of the chief executive to require a corrective
services officer or corrective services officer recruit to submit to alcohol or drug
testing.
New section 306A includes the definitions of key terms for this part, defining ‘alcohol
test’, ‘corrective services officer recruit’, ‘corrective services person’, ‘low alcohol
limit’, ‘no alcohol limit’, ‘random alcohol test’, ‘random substance test’, ‘sample’,
‘substance test’, ‘targeted substance’, and ‘training program’.
The definition of ‘alcohol test’ means a test used to determine whether a corrective
services officer or corrective services officer recruit is over the alcohol limit applying
to the person.
The definition of ‘corrective services officer recruit’ means a person who is
participating in a training program.
The definition of ‘corrective services person’ is in new section 306B and means a
corrective services officer or corrective services officer recruit for this part.
The definition of ‘low alcohol limit’ is in new section 306C(b) and means the
concentration of alcohol is less than 0.2g in 210L of breath or 100mL of blood.
The definition of ‘no alcohol limit’ is in new section 306C(a) and means the
concentration of alcohol is 0g in 210L of breath or 100mL of blood.
The definition of ‘random alcohol test’ means a test conducted under new section
306F.
The definition of ‘random substance test’ means a test conducted under new section
306K.
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The definition of ‘sample’ means for an alcohol test a sample of breath or blood. For a
substance test it means a sample of urine or another bodily substance, for example,
including, but not limited to, hair, blood or saliva.
The definition of ‘substance test’ means a test used to determine the presence and
concentration of a dangerous drug or targeted substance in a sample taken from a
corrective services officer or corrective services officer recruit.
The definition of ‘targeted substance’ means:
— a controlled drug, restricted drug or a poison under the Health Act 1937 that
may impair a person’s physical or mental capacity, or
— any other substance that may impair a person’s physical or mental capacity.
The definition of ‘targeted substance’ does not include a ‘dangerous drug’, this
definition is in the dictionary, clause 53.
The definition of ‘training program’ means a training program about corrective
services which is a requirement for appointment as a corrective services officer under
section 275 of the Act.
New section 306B makes it clear that the new provisions apply to a corrective
services officer appointed under section 275 of the Act, or a person who is
participating in a training program about corrective services with the intention of
becoming a corrective services officer appointed under section 275 of the Act.
New section 306C provides for when a corrective services officer or corrective
services officer recruit is over the no or low alcohol limit.
New section 306D inserts a new requirement that a corrective services officer or
corrective services recruit who is on duty for performing a function or exercising a
power under the Act or another Act, must not be over the low alcohol limit. It also
inserts a new requirement that a corrective services officer or corrective services
recruit who is on duty for performing a function or exercising a power under the Act
or another Act, and performing a role prescribed by regulation, must not be over the
no alcohol limit. A prescribed role could include, for example, where use of force
may be required or a role requiring operation of a vehicle.
Section 306D makes it clear that on duty includes when the person:
— is about to perform the function or exercise the power,
— is performing the function or exercising the power, or
— has just performed the function or exercised the power.
This section applies to all QCS staff appointed as corrective services officers under
section 275 of the Act. It includes corrective services officers performing a function
or exercising a power under the Act or another Act including, for example, the Public
Service Act 2008, Dangerous Prisoners (Sexual Offenders) Act 2003, or Penalties and
Sentences Act 1992.
New section 308E inserts a new power for the chief executive to require a corrective
services officer or corrective services officer recruit to submit to an alcohol test if they
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have been involved in an incident, the chief executive reasonably suspects the person
is contravening or has contravened the requirements under new section 306D(1) or
(2), or if required to submit to random testing under new section 306F. The chief
executive may also require a corrective services officer recruit to submit to an alcohol
test before commencing or during a training program to become a corrective services
officer.
For section 308E, ‘incident’ refers to the definition in the dictionary and means the
death (other than by natural causes) or serious injury of someone who is in a
corrective services facility or subject to a community based order or parole order and
under the direct personal supervision of a corrective services officer, an escape or
attempted escape from secure custody, a riot or mutiny involving prisoners while in
custody, or another event involving prisoners that the chief executive considers
requires being investigated by inspectors.
New section 306F inserts a new power for the chief executive to require a corrective
services officer or corrective services officer recruit to submit to a random alcohol
test. The requirements about when and where a random test may be conducted and
other matters relating to the conduct of a random alcohol test are to be prescribed in
regulation. This power cannot be delegated, in accordance with the consequential
amendment to clause 42.
New section 306G inserts the authority for the types of sample a person may be
required to give and the methods for a collection of a sample to be prescribed in
regulation. Requirements about who a corrective services officer or corrective
services officer recruit is to give a sample test to, and when and where this is required
to be given, are to be prescribed in regulation. It also provides that the sample must be
dealt with in a way prescribed by regulation.
However, this section does insert a requirement that where a corrective services
officer or corrective services officer recruit is required to give a test because they have
been involved in an incident, that this test sample must be given as soon as reasonably
practicable after the incident happened.
Section 306G also includes an authority for a person administering the test sample to
give reasonably necessary directions to the corrective services officer or corrective
services officer recruit to facilitate the providing of a sample for an alcohol test.
New section 306H states that if a corrective services officer or corrective services
officer recruit fails to give an alcohol test sample they are taken to have been tested
and to have been over the allowed limit.
New section 306I inserts a new requirement that a corrective services officer or
corrective services officer recruit must not have evidence of a dangerous drug in a
sample taken from the person at any time. There is no leeway in terms of any
level permitted to be present in the person’s sample.
This section also inserts a new requirement that a corrective services officer or
corrective service officer recruit must not perform duties in or involving an
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operational capacity or critical role if a substance they are lawfully taking impairs
their capacity to perform the duties without danger to themselves or someone else.
Section 306I further requires that a corrective services officer or corrective services
officer recruit must not have present in a sample:
— evidence of a targeted substance that the person may not lawfully take, or
— evidence of having taken a targeted substance in a way contrary to a direction
of a doctor or a recommendation of the manufacturer of the substance.
New section 306J inserts a new power for the chief executive to require a corrective
services officer or corrective services officer recruit to submit to a substance test if
they have been involved in an incident, the chief executive reasonably suspects the
person is contravening or has contravened the requirements under new section 306I,
or if required to submit to random testing under new section 306K. The chief
executive may also require a corrective services officer recruit to submit to a
substance test before commencing or during a training program to become a
corrective services officer.
New section 306K inserts a new power for the chief executive to require a corrective
services officer or corrective services officer recruit to submit to a random substance
test. The requirements about when and where a random test may be conducted and
other matters relating to the conduct of a random substance test are to be prescribed in
regulation. This power cannot be delegated, in accordance with the consequential
amendment to clause 42.
New section 306L inserts the authority for the types of sample a person may be
required to give and the methods for a collection of a sample to be prescribed in
regulation. Requirements about who a corrective services officer or corrective
services officer recruit is to give a sample test to, and when and where this is required
to be given, are to be prescribed in regulation. It also provides that the sample must be
dealt with in a way prescribed by regulation.
However, this section does insert a requirement that where a corrective services
officer or corrective services officer recruit is required to give a test because they have
been involved in an incident, that this test sample must be provided as soon as
reasonably practicable after the incident happened.
Section 306L also includes an authority for a person administering the test sample to
give reasonably necessary directions to the corrective services officer or corrective
services officer recruit to facilitate the providing of a sample for a substance test.
New section 306M states that if a corrective services officer or corrective services
officer recruit fails to give a substance test sample they are taken to have been tested
for a targeted substance and to have evidence of a targeted substance in their sample.
New section 306N applies if an alcohol test or substance test conducted under this
part shows a corrective services officer or corrective services officer recruit when
tested:
— was over the limit applying to the person when the test was conducted, or
— had evidence of a dangerous drug in the person’s sample, or
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— had evidence of a targeted substance in the person’s sample, and the person
was contravening section 306I(2) or (3).
A list of actions that the chief executive may take is provided in subsection (2). The
options are:
— suspend the person from duty until he or she is no longer over the alcohol limit
or no longer has evidence of a dangerous drug or targeted substance in his or
her sample,
— correct the person by way of guidance. This is not a disciplinary sanction,
— require the person to undergo counselling or rehabilitation approved by the
chief executive. This option is designed as a welfare measure,
— require the person to submit to a medical examination under chapter 5, part 7
of the
Public Service Act 2008
,
— take disciplinary or other action against the person under chapter 5 or 6 of the
Public Service Act 2008,
— require the person to submit to further testing from time to time until the chief
executive is satisfied the reason for making the requirement no longer exists,
i.e., until the person is alcohol or substance free.
Subsection (3) provides that only options (d) and (f) of subsection (2) apply where a
corrective services officer or corrective services officer recruit contravenes section
306I(2).
New section 306O states that the chief executive may take disciplinary action under
the
Public Service Act 2008
against a corrective services officer or corrective services
officer recruit who fails to attend or complete counselling or rehabilitation or who
fails to submit to a medical examination requirement under section 306N.
New section 306P inserts an offence for a person who unlawfully interferes with a
sample given under this part for an alcohol or substance test. The maximum penalty
of 100 penalty units may be imposed.
New section 306Q provides that anything done under this part or any test result is
inadmissible in a civil or criminal proceedings. The purpose of this part is welfare and
public confidence. Therefore, any tests and results of those tests need to remain
confidential. Additionally, the chief executive and anyone else involved in a anything
done under the part cannot be compelled to produce to a court any document kept or
to disclose to a court any information obtained by virtue of this part.
However, these restrictions on the production of material and the giving of evidence
do not apply to—
— a proceeding for a charge of an offence arising from an incident,
— an inquest in a Coroners Court into the death of a person in an incident,
— a proceeding on an application under the
Industrial Relations Act 1999
,
section 74 for reinstatement because of unfair dismissal,
— an investigation or other proceeding under the
Crime and Corruption Act
2001
, or
— disciplinary action as provided for under the
Public Sector Ethics Act 1994
.
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Page 24
49 Amendment of s 311A (Dealing with amounts received for prisoners
in particular cases)
Clause 49 amends section 311A to allow the chief executive to restrict payment of
amounts into a prisoner’s trust account if the donor of the amount is not an approved
donor, or if the donor of the amount was released from a corrective services facility
within the last year.
Subclause (3) provides that the chief executive may decide to receive an amount for
the prisoner even if the donor meets the new restriction requirements inserted into
section 311A by subclause (1). Subclause (3) also inserts a new definition of
‘approved donor’ to mean a person the chief executive allows a prisoner to receive
funds from.
Subclauses (2), (4) and (5) renumber subsections of section 311A consequential to the
amendments to section 311A.
50 Omission of s 319F (Complaint to official visitor required first)
Clause 50 omits section 319F. This amendment commences on proclamation.
51 Amendment of s 324A (Right of eligible persons to receive particular
information)
Clause 51 replaces the requirement under section 324A(2)(b), for the chief executive
to provide information to an eligible person of a prisoner’s discharge or release date
within 14 days before the prisoner’s date of discharge or release, to require this
information to be provided to an eligible person as soon as practicable after the chief
executive becomes aware of the information.
52 Insertion of new ch 7A, pt 14
Clause 52 inserts transitional provisions for amendments made in clause 23, 24, and
37. This ensures the amendments to sections 188, 193A and 234 apply on the
commencement of the Bill for decisions not yet made under sections 193 and 193A,
and meetings where section 234 previously applied.
53 Amendment of sch 4 (Dictionary)
Clause 53 amends dictionary definitions.
Subclause (1) omits the definition of ‘conditional release’, ‘conditional release order’,
‘dangerous drug’, ‘probation and parole office’, ‘released’, ‘scanning search’, ‘secure
facility’ (both mentions) and ‘sexual offence’.
The removal of the definitions ‘conditional release’ and ‘conditional release order’
from the dictionary are a consequential amendment to clause 14. These sections are
redundant due to the conditional release eligibility criteria described within section
97(1).
Corrective Services and Other Legislation Amendment Bill 2020
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Subclause (2) inserts definitions of ‘alcohol test’, ‘corrective services officer recruit’,
‘corrective services person’, ‘low alcohol limit’, ‘no alcohol limit’, ‘random alcohol
test’, ‘random substance test’, ‘sample’, ‘substance test’, ‘targeted substance’ and
‘training program’ consequential to new part 9A.
Subclause (2) inserts a new definition of ‘misconduct’ to mean for a staff member,
conduct that would constitute a disciplinary ground under the Public Service Act
2008, section 187.
Subclause (2) updates the definition of ‘dangerous drug’ to mean a drug under the
Drugs Misuse Act 1986.
The definition of ‘probation and parole office’ is updated in subclause (2) to
‘community corrections office’, to reflect Queensland Corrective Services
terminology.
The definition of ‘released’ is updated in subclause (2) to mean released on parole.
The definition of ‘scanning search’ is updated in subclause (2) to mean the search of a
person by electronic or other means that does not require the person to remove their
clothing but may require another person or an apparatus to touch or come into contact
with the person. An apparatus for touching or coming into contact with a person for
the purpose of a scanning search is to be prescribed in regulation.
The definition of ‘secure facility’ is updated in subclause (2) to mean, generally, a
prison with a perimeter fence, or other security measures, that are designed to prevent
the escape of a prisoner. For chapter 6, part 13A see section 344B. A secure facility
includes, for example, the Arthur Gorrie Correctional Centre, Borallon Correctional
Centre, Brisbane Correctional Centre, Brisbane Women’s Correctional Centre,
Capricornia Correctional Centre, Lotus Glen Correctional Centre, Maryborough
Correctional Centre, Southern Queensland Correctional Centre, Townsville
Correctional Centre, Townsville Women’s’ Correctional Centre, Woodford
Correctional Centre, Wolston Correctional Centre, and the Princess Alexandra
Hospital Secure Unit.
The definition of ‘sexual offence’ is updated in subclause (2) to mean an offence
mentioned in schedule 1 or an offence against a law applying or that applied in
another jurisdiction that substantially corresponds to an offence in schedule 1. This
amendment ensures that comparative interstate and international offences are captured
by provisions throughout the Act that reference a sexual offence.
Subclause (3) amends paragraph (b) of the definition of ‘community corrective
services’ to clarify that a probation and parole office is a community corrections
office.
Subclause (4) amends the definition of ‘corrective services facility’ to include a
temporary corrective services facility declared under section 268(2). This is a
consequential amendment to clause 41.
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Subclause (5) amends the definition of ‘general search’ to include a search to reveal
the contents of a person’s outer garments or general clothes, or a thing in a person’s
possession, including touching or moving the thing without touching the person.
Subclause (6) amends the definition of ‘law enforcement agency’ to include a police
service outside of Queensland, an entity established under law to investigate
corruption or crime, the Australian Security Intelligence Organisation, and the
Commonwealth department responsible for the Australian Border Force Act 2015,
Customs Act 1901 (other than parts XVB and XVC), and the Migration Act 1958.
Subclause (7) amends the definition of ‘offender’ to omit the reference to a
conditional release order. This is a consequential amendment to clause 14.
Subclause (8) amends the definition ‘prescribed provision’ to replace the reference to
section 234(7) with section 234(3). This is a consequential amendment to clause 37.
Subclauses (9) and (10) amend the definition of ‘unlawfully at large’ to omit the
reference to a conditional release order and replace the reference to probation and
parole office with community corrections office. These are consequential amendments
to clause 14 and clause 53, subclause (1).
Part 3 Amendment of Criminal Code
54 Code amended
Clause 54 states that this part amends the Criminal Code.
55 Amendment of s 340 (Serious assaults)
Clause 55 amends section 340(2) to provide that a prisoner who unlawfully assaults a
working corrective services officer commits a crime.
Subclause (2) inserts a new maximum penalty of 14 years imprisonment for the
serious assault of a corrective services officer under section 340(2) of the Criminal
Code, where:
— the offender bites or spits on the corrective services officer or throws at, or in
any way applies to, the corrective services officer a bodily fluid or faeces,
— the assault causes bodily harm to the corrective services officer,
— the offender is, or pretends to be, armed with a dangerous or offensive weapon
or instrument.
In all other circumstances, a person convicted of serious assault of a corrective
services officer under section 340(2) of the Criminal Code is liable to a maximum
penalty of 7 years imprisonment.
Part 4 Amendment of Racing Integrity Act 2016
56 Act amended
Clause 56 states that this part of the Bill amends the Racing Integrity Act 2016.
Corrective Services and Other Legislation Amendment Bill 2020
Page 27
57 Insertion of new ch 2, pt 6A, hdg
Clause 57 establishes new chapter 2 part 6A (Information sharing) which will include
the current section 98A which is relocated and renumbered by clause 59.
58 Amendment of s 83 (Other matters about suitability)
Clause 58 amends section 83(2) to replace the reference to ‘section 98A’ with
‘section 53A’ as a result of the relocation and renumbering of the current section 98A
by clause 59.
59 Relocation and renumbering of s 98A (Exchange of information)
Clause 59 relocates section 98A (Exchange of information) to the new chapter 2, part
6A established by clause 57. Clause 59 also renumbers section 98A as section 53A.
The relocation of the section to the new part 6A in chapter 2 (Queensland Racing
Integrity Commission) clarifies that the power to exchange information with a
relevant agency applies to all functions of the Queensland Racing Integrity
Commission.
60 Amendment of s 101 (Grounds for cancellation)
Clause 60 replaces the reference to ‘section 98A’ in section 101(3) with ‘section
53A’, as a result of the relocation and renumbering of the current section 98A by
clause 59.
Part 5 Amendment of Weapons Act 1990
61 Act amended
Clause 61 states that this part of the Bill amends the Weapons Act 1990.
62 Amendment of s 67 (Possessing and acquiring restricted items)
Clause 62(1) amends the current wording of subsection 67(3) to align with new
wording used in a subsequent subsection.
Clause 62(2) provides that it is a reasonable excuse for a person to possess or acquire
a replica of a firearm if they are a member of an association carrying out recreational
activities involving replicas of firearms and the item is possessed for the purpose of
carrying out these activities. It provides that the activities must be conducted other
than in a public place, and in a manner not reasonably able to be seen from a public
place.
It also provides that it is a reasonable excuse to possess a replica of a firearm if the
person is the holder of a collector’s licence and the person’s reason for possession is
for it to be part of the collection of weapons.
It also provides that it is a reasonable excuse for a person to possess or acquire a
weapon that is permanently inoperable and would be, if it were not permanently
Corrective Services and Other Legislation Amendment Bill 2020
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inoperable, a category A, B or C weapon if the person is the holder of a collector’s
licence and the reason for possessing or acquiring it is to be part of their collection of
weapons.
The clause also clarifies that these sections do not limit what may be a reasonable
excuse for subsection (1).
Clause 62(3) modifies a reference made in section 67(4), from subsection (5) to
subsection (8).
Clause 62(4) clarifies that a reference to ‘association’ has the meaning in the
Associations Incorporation Act 1981.
Clause 62(5) renumbers section 67(3A) to (5) to become section 67(4) to (8).
63 Replacement of s 168B (Amnesty declaration)
Clause 63 removes the existing section 168B to include a new provision with the
heading ‘Amnesty for firearms and prescribed things in particular circumstances’
The new provision outlines that a person can not be prosecuted for the offence of
possession of a firearm or a prescribed thing in certain circumstances.
It also outlines circumstances when section 73(a) does not apply to an approved
licensed dealer and creates a responsibility for the approved licensed dealer to
surrender a firearm or prescribed thing to police in certain circumstances. A
maximum penalty of 10 penalty units is provided for a failure to comply with this
requirement.
The clause also provides a definition of ‘approved licensed dealer’ as a licensed
dealer whose name is published on the QPS website as an approved licensed dealer.
The clause also defines a ‘prescribed thing’ as a magazine for a weapon, or a category
R weapon that is not a firearm, or another thing prescribed by regulation.
64 Amendment of s 168C (Dealing with surrendered firearm)
Clause 64(1) changes the heading of section 168C to include the words ‘or prescribed
thing’.
Clause 64(2) amends section 168C(1) to remove reference to an amnesty made under
a declaration and instead refers to a firearm or prescribed thing taken to a police
station under section 168B(1)(a)(i).
Clause 64(3) amends section 168C(2) to add ‘prescribed thing’ to the references to
firearm in the subsection
Corrective Services and Other Legislation Amendment Bill 2020
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65 Amendment of sch 1 (Subject matter for regulations)
Clause 65 amends schedule 1 by providing an additional regulation making subject
matter in relation to a firearms amnesty. The clause provides that a regulation can
regulate the things and conditions under a section 168B firearms amnesty.
66 Amendment of sch 2 (Dictionary)
Clause 66 changes a reference in the definition of restricted item from ‘section 67(5)’
to ‘section 67(8)’.
Part 6 Amendment of Weapons Regulation 2016
67 Regulation amended
Clause 67 provides that this part amends the Weapons Regulation 2016.
68 Insertion of new s 160A
Clause 68 inserts a new section 160A (Condition for amnesty for firearms and
prescribed things). The clause provides that for the purposes of the firearms amnesty
under section 168B, a person must notify the relevant approved licensed dealer or
police station of their intention to surrender a firearm or prescribed thing prior to
taking it to that location unless they have a reasonable excuse.
The amendment ensures that persons unlawfully in possession of a firearm or
prescribed thing can not rely on the firearms amnesty to avoid prosecution unless they
have provided prior notification to the dealer or police station, or they have a
reasonable excuse for failing to do so.
Part 7 Minor and consequential amendments
69 Legislation amended
Clause 69 states that schedule 1 amends the legislation it mentions.
Schedule 1 Minor and consequential amendments
Schedule 1 provides for minor and consequential amendments to the Corrective
Services Act 2006, Criminal Code, Criminal Law Amendment Act 1945, Penalties and
Sentences Act 1992, Racing Integrity Regulation 2016 and Weapons Categories
Regulation 1997.
