A Queensland parliamentary committee has recommended the government’s new youth crime laws be passed, claiming provisions acknowledged as being incompatible with human rights strike an “appropriate balance”.
The government introduced a controversial suite of measures last month to crack down on youth crime, which included making breach of bail an offence for children and expanding an electronic monitoring trial for children as young as 15.
The committee’s report on the legislation, published Friday, came after a rushed two-week consultation and combative public hearings, where experts said there was no evidence to support the move.
The report said the bill “strikes an appropriate balance between the protection of the rights of children and young people in Queensland, and strengthening community safety”.
“The committee accepts that there are provisions in the bill that are incompatible with human rights,” the report said.
“However, we are satisfied that there is justification for these provisions due to the need for an urgent response to community safety concerns in Queensland that is associated with the offending behaviour.”
It comes after Queensland’s human rights commissioner, Scott McDougall, told a public hearing there was “no justification” to suspend the state’s Human Rights Act and make breach of bail an offence for children.
“There is no exceptional crisis situation constituting a threat to public safety,” he said.
“We do want to preserve the Human Rights Act. We don’t want to set a precedent where the government suspends the Human Rights Act because there is public anxiety.”
During public hearings, several experts expressed deep concerns about the breach of bail changes, warning they would see higher numbers of children incarcerated if they missed a reporting appointment or broke curfew.
Concerns were also raised about the disproportionate effect the legislation would have on Aboriginal and Torres Strait Islander children.
Other measures to be introduced by the government include a maximum of 10 years for car theft, a maximum 14-year penalty for violent offences or crimes committed at night and increased penalties for criminals who boast about their offences on social media.
The committee said there was “justification” for these changes in “response to existing community sentiment associated with the offending behaviour”.
“We note the changing nature of these crimes and support sending a clear message from the legislature that these criminal acts are not acceptable,” the report said.
The report recommended the legal affairs and safety committee conduct a review of the Victims of Crime Assistance Act with the aim to enhance support and the timely delivery of financial assistance.
It also suggested Queensland police review how they support victims and liaise with government agencies to see how they can improve restorative justice conferences and processes.
“While the community want accountability and consequences for the offender, there is also the need for a victim to be heard and included throughout the investigation and prosecution of their matter in a timely manner,” the report said.
