Sweeping new laws to crack down on young offenders have passed Queensland parliament after three days of debate.
The Palaszczuk government's bill makes breach of bail a crime for children, creates a new aggravating factor for alleged car thieves who post footage of their offending on social media, and tightens bail laws for more charges.
Parliament passed the changes – which will apply to 10- to 17-year-olds – despite the Greens arguing the legislation is "disgraceful" and criticism from advocates and the state's peak legal bodies.
Tap on the icons to read more about what the changes mean.
Breach of bail
The new laws make breach of bail an offence for young people.
Bail can be granted by police or the courts and requires the accused person to follow conditions like turning up to their next court date, not committing an offence, and any other special rules imposed such as living at a certain property or abiding by a curfew.
It is already a crime for an adult to breach their bail – now it will apply to children, with a maximum penalty of one year detention when dealt with under the Youth Justice Act.
Advocates have condemned the move, saying it will criminalise "otherwise non-criminal acts" by young people – such as leaving their house outside of curfew.
The government has also decided to override its own Human Rights Act for the first time.
GPS ankle monitors
Two years ago, Queensland launched a trial of GPS ankle monitors for some youth offenders.
It gave courts the power to issue the devices as a bail condition for certain 16 and 17-year-olds – essentially, those who are charged with a "prescribed" offence after having previously been found guilty of another serious offence.
Uptake was lower than expected so a review could not determine whether it was effective in deterring behaviour.
The new laws extend the trial for another two years (to April 2025), as well as expanding it to eligible 15-year-olds.
Any decision about future use will require another review.
Arrest
The laws give police new arrest powers for certain youths.
Previously, it was mandatory for police officers to consider alternative options to arrest for a child they "reasonably suspect" has contravened or is contravening their bail conditions.
The new laws add a caveat for some offences.
For a young person who is on bail for either a prescribed indictable offence (a serious charge such as dangerous driving), contravening a domestic violence offence, or contravening a police protection notice, police officers may consider alternatives to arrest, but it's no longer a must.
It will also apply if the officer reasonably suspects a child "is likely" to contravene a bail condition relating to one of the above offences – which the Queensland Human Rights Commission says appears to be a "very low threshold".
The bill's explanatory notes say:
"A police officer may take into account the seriousness of the contravention or likely contravention, whether the child has a reasonable excuse, the child's particular circumstances, and any other relevant information of which the police officer is aware, in deciding whether arrest is the most appropriate course of action."
"Decisions by police officers, in these circumstances, will also be subject to the youth justice principles under the YJ Act."
Bail laws
Bail could also become harder to get for more young people.
In 2021, parliament passed laws creating a presumption against bail for juveniles accused of committing a serious, classified crime while already on bail for another serious offence.
It meant those youth offenders had to "show cause" – or prove – that they are not an unacceptable risk and should be granted bail.
More offences are being added to that list:
- Unlawful use of a motor vehicle where the child is a passenger; and
- Entering or being in premises with intent to commit an indictable offence.
Sentencing
The legislation "clarifies" that, when sentencing a child, a court must take into account their bail history.
The explanatory notes add: "No other Australian jurisdiction refers specifically to bail history being a consideration upon sentencing in their legislation."
Another change is giving sentencing courts the ability to declare a child a serious repeat offender in certain circumstances – triggering a separate sentencing regime.
It means the court will still have to consider the usual sentencing principles under the Youth Justice Act, but must have "primary regard" to a number of sentencing considerations, including "the impact of the offence on public safety".
Maximum penalties
The legislation increases the maximum penalty for unlawful use or possession of a motor vehicle – that is, stealing a car – from seven years to 10 years' prison.
But adult and juvenile defendants are sentenced differently.
For this offence, under the Youth Justice Act, the new maximum penalty will be five years detention for youth offenders.
This means a child found guilty of stealing a car under the new laws could be sentenced up to five years' detention.
That sentence can increase though if there's the new circumstance of aggravation: where the crime happens at night, the offender uses or threatens violence, is armed, in company, or damages any property – which takes the maximum penalty to 14 years for adults, or seven years for young people.
The Queensland Sentencing Advisory Council says a key reason that children are treated differently to adults by the justice system is "the differences between their … levels of maturity and capacity to control their behaviour and to make good decisions".
Social media
Posting footage online of stealing a car could also lead to more time behind bars, under the latest changes.
The laws create a new circumstance of aggravation for unlawful use of a motor vehicle where, if the offender also publishes material on social media advertising their involvement in the offence, they could face greater punishment – up to 12 years' imprisonment.
For juvenile offenders, that maximum penalty would be half.
Additional funds have been given to Queensland police for social media monitoring and engagement.
Commissioner Katarina Carroll said the new team – which is expected to increase to 30 people – will engage with the administrators of community social media pages and gather evidence.
18-year-olds
The law changes will likely see more children locked up.
In a bid to "accommodate the anticipated increase," Police Minister Mark Ryan told parliament certain 18-year-olds in youth detention will be able to be transferred to adult prisons.
Before deciding whether to do so, the chief executive must give the young person a written notice, "provide an opportunity to comment," and "facilitate a consultation with a lawyer".
The decision can also be reviewed by the childrens court.
Conditional release orders
Instead of immediately sending a young person to detention to serve their sentence, a court can suspend that order and release them into the community to complete a program – known as a "conditional release order".
It involves "activities to stop them from offending; work, school or training activities; and activities to help them be involved in your family and their community in a positive way," the government says.
The new laws increase the maximum period for a conditional release order from three months to six months, so there is longer supervision.
Also, if a young person breaches a conditional release order relating to a certain offence, the court will be required to revoke the order and send the child to detention to serve the sentence, "unless [it] considers there are special circumstances", the bill's explanatory notes say.
Intensive case management
An intervention program aimed at repeat offenders and their families is being expanded.
Called "intensive case management" or ICM, the program targets high-risk young people with "youth support, cognitive behavioural therapies, and family work sessions".
A management consultancy evaluated the program, focusing on the period between 2018 and 2022.
According to their summary report – released last month – ICM is "more effective than alternative youth justice approaches in reducing offending among the more serious offending cohort".
The report estimated a "positive cost-benefit" to the justice system and society of $9.8 to $19.1 million "when considering losses incurred in the community when subject to crime".
The government is expanding the ICM program to Brisbane, Logan, Toowoomba, Moreton, Gold Coast, Rockhampton and Ipswich, with 47 new jobs.
