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Briefing

A public briefing by the Department of Justice and Attorney-General was held on Wednesday, 23 August 2017.  The broadcast of the public briefing is available here. The transcript of the public briefing is available to view under the "Related Publications" tab.

Committee Report

The Committee's report on the Bill was tabled on 28 September 2017.  A copy of the Report can be viewed here - Report No. 67, 55^th Parliament, Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017.

The second reading debate on the Bill is available here (pages 3208 - 3230).

Hearing

A public hearing was held in Brisbane on Wednesday, 6 September 2017.  The program can be viewed here.

The broadcast of the public hearing can be viewed here.

Public hearings were held in Cairns and Mackay on Monday and Tuesday (11 & 12 September 2017).  Transcripts of the hearings will be available in due course.

Referral

On 10 August 2017, the Attorney-General and Minister for Justice and Minister for Training and Skills, the Hon Yvette D’Ath MP, introduced the Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017 (Bill).

In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee (the committee) for detailed consideration. The committee is required to report by Thursday, 28 September 2017.

Submissions

Submissions are now closed.  Published submissions can be viewed under the "View Submissions" tab.

The Bill

The primary objective of the Bill is to establish a new sentencing option, referred to as a Drug and Alcohol Treatment Order, for offenders whose criminal behaviour is linked to their serious drug or alcohol use.

 Other objectives include:

• clarifying that the imposition of a sentence of more than 30 months imprisonment falls outside the scope of the Criminal Law (Rehabilitation of Offenders) Act 1986 and, therefore, never becomes a ‘spent conviction’ and must be disclosed

• replacing the current extended definition of ‘dangerous drug’ in section 4 of the Drugs Misuse Act 1986, with a definition which provides for a ‘drug analogue’

• providing certain protections in court proceedings for victims of choking, suffocation or strangulation in a domestic setting

• enabling a person to use electronic means to participate in a diversion assessment program under the Penalties and Sentences Act 1992, and

• enabling a person to use electronic means to participate in a drug assessment and education session and associated appointments under the Police Powers and Responsibilities Act 2000.

Timeline

Public briefing                Brisbane          Wednesday, 23 August 2017

Public hearing                Brisbane          Wednesday, 6 September 2017

          Cairns              Monday, 11 September 2017

          Mackay            Tuesday, 12 September 2017