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Committee's Report

The committee tabled its Report No. 7, 57th Parliament - Youth Justice and Other Legislation Amendment Bill 2021 on 16 April 2021. The Bill was passed with amendment by the Queensland Parliament on 22 April 2021. 

About the Bill

On 25 February 2021, Hon Mark Ryan MP, Minister for Police and Corrective Services and Minister for Fire and Emergency Services, introduced the Youth Justice and Other Legislation Amendment Bill 2021 (the Bill) and referred it to the Legal Affairs and Safety Committee (the committee) for detailed consideration.

View: Youth Justice and Other Legislation Amendment Bill 2021
View: Explanatory notes
View: Explanatory speech
View: Statement of compatibility

Objectives of the Bill

The Bill amends the Youth Justice Act 1999 (YJA) to respond to the characteristics of the offending behaviours of serious recidivist youth offenders and strengthen the youth justice bail framework. The amendments to the YJA build on the Queensland Government’s Five Point Action Plan, announced in March 2020, which complements the Youth Justice Strategy.

The Bill also enacts a range of amendments to the Police Powers and Responsibilities Act 2000 (PPRA), in relation to knife crime and hooning offences. The primary policy objective of the amendments relating to knife crime is to minimise the risk of physical harm caused by knife crime in Safe Night Precincts (SNPs). The Bill includes amendments to minimise risks of harm associated with the unlawful possession of knives in the Surfers Paradise CBD and Broadbeach CBD SNPs. The objectives of the amendments relating to hooning laws are to protect the community and road users from the risk of a range of antisocial and unsafe driving behaviours, known as hooning. 

The proposed amendments relating to hooning offences will strengthen owner onus provisions by expanding the evasion offence notice scheme outlined in the PPRA to apply to all type 1 vehicle related offences listed in the PPRA. This amendment will require owners of motor vehicles involved in these offences to make declarations and provide information that may be used to assist the investigation of hooning offences.

The Bill aims to achieve its policy objectives by amending the YJA and PPRA to:

 Strengthen the youth justice bail framework through:

• Providing the legislative framework required to trial the use of electronic monitoring devices as a condition of bail for some offenders aged 16 and 17 years old who have committed a prescribed indictable offence and have been previously found guilty of one or more indictable offences (with a review after 12 months)
• Explicitly permitting the court or a police officer to take into consideration, when determining whether to grant bail, whether a parent, guardian or other person has indicated a willingness to do one or more of the following: support the young person to comply with their bail conditions, advise of any changes in circumstances that may impact the offender’s ability to comply with the bail conditions, or advise of any breaches of bail
• Creating a limited presumption against bail, requiring certain young offenders charged with ‘prescribed indictable offences’ to ‘show cause’ why bail should be granted
• Clarifying that, although a lack of accommodation and/or family support is a consideration that bail decision makers can take into account when determining whether to grant bail, it cannot be the sole reason for keeping a child in custody

Codify the sentencing principle, currently found in common law, that the fact that an offence was committed while a person was subject to bail is an aggravating factor when determining the appropriate sentence

Amend the Charter of Youth Justice Principles to include a reference to the community being protected from recidivist youth offenders

Provide for a trial of powers for police to stop a person and use a hand held scanner to scan for knives in SNPs on the Gold Coast

Enhance the enforcement regime against dangerous hooning behaviour by strengthening existing owner onus deeming provisions for hooning offences.

Further information

Further information including written briefings from the department, the response to submissions, transcripts from proceedings and answers to questions taken on notice are under the Related Publications tab.

Timeline