Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Dangerous Prisoners (Sexual
Offenders) and Other
Legislation Amendment Bill
2009
Queensland
Dangerous Prisoners (Sexual Offenders)
and Other Legislation Amendment Bill
2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act
2003
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8A Attorney-General may produce report . . . . . . . . . . . . 6
5 Amendment of s 9AA (Victim's submission relating to division 3
order) ........................................... 7
6 Amendment of s 10 (Discontinuing application for division 3
order) ........................................ 7
7 Amendment of s 13 (Division 3 orders) . . . . . . . . . . . . . . . . . . . . 8
8 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13A Fixing of period of supervision order . . . . . . . . . . . . . 8
9 Amendment of s 15 (Effect of supervision order or interim
supervision order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Insertion of new pt 2, div 3B, sdiv 1 hdg. . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 16 (Requirements for supervised release) . . . . 9
12 Insertion of new pt 2, div 3B, sdiv 2 hdg. . . . . . . . . . . . . . . . . . . . 10
13 Amendment of s 16A (Curfew and monitoring devices) . . . . . . . . 10
14 Insertion of new ss 16B to 16D . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16B Other directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16C Criteria for giving directions . . . . . . . . . . . . . . . . . . . . 11
16D Requirement under order to comply with directions
not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Contents
15 Amendment of s 17 (Court to give reasons). . . . . . . . . . . . . . . . . 12
16 Amendment of s 19 (Amendment of requirements of supervision
order or interim supervision order) . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Insertion of new pt 2, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 4A Extending supervised release
19B Attorney-General may apply for further supervision
order .................................. 12
19C Requirements for application . . . . . . . . . . . . . . . . . . . 13
19D Application of provisions for division 3 orders . . . . . . 13
19E Fixing of period of further supervision order. . . . . . . . 14
19F Effect of further supervision order . . . . . . . . . . . . . . . 14
18 Amendment of s 21 (Interim order concerning custody
generally) .................................... 14
19 Amendment of s 21A (Victim's submission relating to further
order) ......................................... 15
20 Amendment of s 22 (Court may make further order) . . . . . . . . . . 16
21 Amendment of s 27 (Review--periodic) . . . . . . . . . . . . . . . . . . . . 16
22 Insertion of new s 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28A Attorney-General may produce report . . . . . . . . . . . . 17
23 Amendment of s 30 (Review hearing) . . . . . . . . . . . . . . . . . . . . . 17
24 Amendment of s 41 (Stay of operation of decision) . . . . . . . . . . . 18
25 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 4A Offences
43AA Offence for released prisoner to contravene relevant
order ................................... 18
43AB Change of name of person under supervised release 19
43AC Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . 19
26 Omission of s 43B (Offence of contravening supervision order or
interim supervision order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Amendment of s 44 (Hearings on the papers) . . . . . . . . . . . . . . . 20
28 Amendment of s 49 (Appearance at hearings). . . . . . . . . . . . . . . 20
29 Insertion of new s 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
49A Provisions about victim's submissions and hearings . 20
30 Replacement of s 51 (Parole). . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
51 Parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Page 2
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Contents
Part 8 Transitional provisions for Dangerous
Prisoners (Sexual Offenders) and Other
Legislation Amendment Act 2009
59 Existing supervision orders . . . . . . . . . . . . . . . . . . . . 21
60 Transitional provision for directions under s 16B . . . . 22
61 First review period for particular existing continuing
detention orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 22
Part 3 Amendment of Penalties and Sentences Act 1992
33 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 Amendment of s 162 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Amendment of s 163 (Indefinite sentence--imposition). . . . . . . . 24
37 Amendment of s 165 (Attorney-General's consent) . . . . . . . . . . . 24
38 Amendment of s 166 (Adjournment) . . . . . . . . . . . . . . . . . . . . . . 25
39 Insertion of new ss 166A to 166C . . . . . . . . . . . . . . . . . . . . . . . . 25
166A Reports about offender. . . . . . . . . . . . . . . . . . . . . . . . 25
166B Distribution of reports . . . . . . . . . . . . . . . . . . . . . . . . . 26
166C Use of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Amendment of s 167 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Insertion of new s 172D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
172D Court not to have regard to possible order under
Dangerous Prisoners (Sexual Offenders) Act 2003 . . 27
42 Amendment of s 173 (Indefinite sentence discharged) . . . . . . . . 27
43 Replacement of s 174 (Resettlement leave and parole for
offenders) ...................................... 28
174 Parole application if finite sentence imposed . . . . . . . 28
174A Provision for parole if no parole granted on
application ........................... 29
174B Provisions for parole orders under part . . . . . . . . . . . 29
174C Cessation of parole provisions on cancellation of
order ................................ 30
44 Insertion of new s 217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
217 Transitional provision for Dangerous Prisoners
(Sexual Offenders) and Other Legislation
Amendment Act 2009. . . . . . . . . . . . . . . . . . . . . . . . . 30
45 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Schedule 2 Qualifying offences
Page 3
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Contents
Part 4 Amendment of Births, Deaths and Marriages Registration
Act 2003
46 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
47 Amendment of s 42 (Correcting the register) . . . . . . . . . . . . . . . . 34
Schedule Consequential amendments of Penalties and Sentences
Act 1992 ........................................ 35
Page 4
2009
A Bill
for
An Act to amend the Dangerous Prisoners (Sexual Offenders)
Act 2003, the Penalties and Sentences Act 1992 and the Births,
Deaths and Marriages Registration Act 2003 for particular
purposes
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Dangerous Prisoners (Sexual 4
Offenders) and Other Legislation Amendment Act 2009. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Dangerous 8
Prisoners (Sexual Offenders) 9
Act 2003 10
Clause 3 Act amended 11
This part amends the Dangerous Prisoners (Sexual Offenders) 12
Act 2003. 13
Clause 4 Insertion of new s 8A 14
After section 8-- 15
insert-- 16
`8A Attorney-General may produce report 17
`(1) This section applies if a hearing date is set under section 8. 18
`(2) The Attorney-General may produce to the court a report, 19
prepared by the chief executive for the Attorney-General, 20
about the prisoner that-- 21
Page 6
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 5]
(a) proposes requirements under section 16(2) for any 1
supervised release of the prisoner; and 2
(b) indicates the extent to which the proposed requirements 3
under paragraph (a) and the requirements under section 4
16 can be reasonably and practicably managed by 5
corrective services officers. 6
`(3) The Attorney-General must give a copy of the report to the 7
prisoner on the next business day after the Attorney-General 8
receives the report.'. 9
Clause 5 Amendment of s 9AA (Victim's submission relating to 10
division 3 order) 11
(1) Section 9AA(1) to (3), `Attorney-General'-- 12
omit, insert-- 13
`chief executive'. 14
(2) Section 9AA-- 15
insert-- 16
`(3A) The chief executive must, before the hearing, give the 17
Attorney-General-- 18
(a) if the chief executive received a submission from an 19
eligible person in response to a notice given to the 20
person under subsection (3)--the submission; or 21
(b) information that the eligible person has not given a 22
submission in response to the notice.'. 23
(3) Section 9AA(5)-- 24
omit. 25
Clause 6 Amendment of s 10 (Discontinuing application for 26
division 3 order) 27
Section 10(4), `Attorney-General'-- 28
omit, insert-- 29
`chief executive'. 30
Page 7
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 7]
Clause 7 Amendment of s 13 (Division 3 orders) 1
(1) Section 13(4), before paragraph (a)-- 2
insert-- 3
`(aa) any report produced under section 8A;'. 4
(2) Section 13(6), from `or (b)'-- 5
omit, insert-- 6
`or (b)-- 7
(a) the paramount consideration is to be the need to ensure 8
adequate protection of the community; and 9
(b) the court must consider whether-- 10
(i) adequate protection of the community can be 11
reasonably and practicably managed by a 12
supervision order; and 13
(ii) requirements under section 16 can be reasonably 14
and practicably managed by corrective services 15
officers.'. 16
Clause 8 Insertion of new s 13A 17
Part 2, division 3-- 18
insert-- 19
`13A Fixing of period of supervision order 20
`(1) If the court makes a supervision order, the order must state the 21
period for which it is to have effect. 22
`(2) The period can not end later than 5 years after the prisoner's 23
release day.'. 24
Clause 9 Amendment of s 15 (Effect of supervision order or interim 25
supervision order) 26
Section 15(a), `at the end of the prisoner's period of 27
imprisonment'-- 28
Page 8
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 10]
omit, insert-- 1
`on the prisoner's release day'. 2
Clause 10 Insertion of new pt 2, div 3B, sdiv 1 hdg 3
Part 2, division 3B-- 4
insert-- 5
`Subdivision 1 Requirements for supervised 6
release'. 7
Clause 11 Amendment of s 16 (Requirements for supervised 8
release) 9
(1) Section 16, heading, `supervised release'-- 10
omit, insert-- 11
`orders'. 12
(2) Section 16(1), `a judicial authority'-- 13
omit, insert-- 14
`the court or a relevant appeal court'. 15
(3) Section 16(1)(b) and (2), `the judicial authority'-- 16
omit, insert-- 17
`the court or a relevant appeal court'. 18
(4) Section 16(1), after paragraph (da)-- 19
insert-- 20
`(daa)comply with any reasonable direction under section 16B 21
given to the prisoner; and'. 22
(5) Section 16(1)(db)-- 23
omit, insert-- 24
`(db) comply with every reasonable direction of a corrective 25
services officer that is not directly inconsistent with a 26
requirement of the order; and 27
Page 9
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 12]
Examples of direct inconsistency-- 1
If the only requirement under subsection (2) contained in a 2
particular order is that the released prisoner must live at least 3
1km from any school-- 4
1 A proposed direction to the prisoner would be directly 5
inconsistent if it requires the released prisoner to live at least 6
2km from any school. 7
2 A proposed direction to the prisoner would not be directly 8
inconsistent if it requires the released prisoner to live at least 9
a stated distance from something else, including, for 10
example, children's playgrounds, public parks or child care 11
centres. 12
3 A proposed direction to the prisoner would not be directly 13
inconsistent if it requires the released prisoner not to live 14
anywhere unless that place has been approved by a 15
corrective services officer.'. 16
Clause 12 Insertion of new pt 2, div 3B, sdiv 2 hdg 17
After section 16-- 18
insert-- 19
`Subdivision 2 Directions to released prisoners'. 20
Clause 13 Amendment of s 16A (Curfew and monitoring devices) 21
Section 16A(4)-- 22
omit, insert-- 23
`(4) A direction under this section must not be directly 24
inconsistent with a requirement of the relevant order for the 25
released prisoner.'. 26
Clause 14 Insertion of new ss 16B to 16D 27
Part 2, division 3B, subdivision 2, after section 16A-- 28
insert-- 29
Page 10
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 14]
`16B Other directions 1
`(1) A corrective services officer may give a released prisoner a 2
reasonable direction about-- 3
(a) the prisoner's accommodation; or 4
Example-- 5
a direction that the released prisoner may only reside at a place 6
of residence approved by a corrective services officer 7
(b) the released prisoner's rehabilitation or care or 8
treatment; or 9
Example-- 10
a direction that the released prisoner participate in stated 11
treatment programs 12
(c) drug or alcohol use by the released prisoner. 13
`(2) A direction under subsection (1) may relate to a matter even 14
though the relevant order imposes a requirement about the 15
matter, either generally or specifically. 16
`(3) However, the direction must not be directly inconsistent with 17
a requirement of the order. 18
`16C Criteria for giving directions 19
`(1) A corrective services officer may give a direction under this 20
subdivision or a direction mentioned in section 16(1)(db) only 21
if the officer reasonably believes the direction is necessary-- 22
(a) to ensure the adequate protection of the community; or 23
(b) for the prisoner's rehabilitation or care or treatment. 24
`(2) In this section-- 25
reasonably believes means believes on grounds that are 26
reasonable in all the circumstances of the case. 27
Page 11
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 15]
`16D Requirement under order to comply with directions 1
not affected 2
`Section 16(1)(da) and (daa) and this subdivision do not limit 3
section 16(1)(db).'. 4
Clause 15 Amendment of s 17 (Court to give reasons) 5
(1) Section 17, heading-- 6
omit, insert-- 7
`17 Court or relevant appeal court to give reasons'. 8
(2) Section 17, `a judicial authority'-- 9
omit, insert-- 10
`the court or a relevant appeal court'. 11
Clause 16 Amendment of s 19 (Amendment of requirements of 12
supervision order or interim supervision order) 13
Section 19(3), from `the requirements mentioned'-- 14
omit, insert-- 15
`all of the requirements under section 16(1) if the order does 16
not already include all of those requirements.'. 17
Clause 17 Insertion of new pt 2, div 4A 18
Part 2-- 19
insert-- 20
`Division 4A Extending supervised release 21
`19B Attorney-General may apply for further supervision 22
order 23
`(1) This section applies to a released prisoner subject to a 24
supervision order (the current order). 25
Page 12
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 17]
`(2) The Attorney-General may apply for a further supervision 1
order for the released prisoner. 2
`(3) The application may be made only within the last 6 months of 3
effect of the current order. 4
`(4) To remove any doubt, it is declared that subsection (2) 5
applies-- 6
(a) whether or not a further supervision order has been 7
made under this part for the released prisoner; and 8
(b) regardless of how many supervision orders have been 9
made for the released prisoner. 10
`19C Requirements for application 11
`The application must-- 12
(a) state the period of supervised release sought; and 13
(b) be accompanied by any affidavits to be relied on in 14
support of the application. 15
`19D Application of provisions for division 3 orders 16
`(1) Division 1 (other than section 5(1) and (2)), division 2, section 17
13, and divisions 3B and 3C apply for the application-- 18
(a) as if a reference in the provisions to a division 3 order 19
were a reference to a further supervision order; and 20
(b) as if a reference in the provisions to an application for a 21
division 3 order were a reference to an application under 22
this division; and 23
(c) as if a reference in the provisions to the prisoner were a 24
reference to the released prisoner; and 25
(d) as if a reference in the provisions to a prisoner's release 26
day were a reference to the day that the current order 27
expires; and 28
(e) as if the psychiatrist's assessment under section 11(2)(a) 29
were an assessment of the level of risk that the released 30
Page 13
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 18]
prisoner will, after the expiry of the current order, 1
commit another serious sexual offence if a further 2
supervision order is not made; and 3
(f) as if the references in section 13(5) to the making of an 4
order were only a reference to the making of a further 5
supervision order for the released prisoner; and 6
(g) as if the reference in section 16 to the ordering of release 7
from custody were a reference to the making of a further 8
supervision order; and 9
(h) with other necessary changes. 10
`(2) If the court is satisfied the application may not be finally 11
decided until after the current order expires, it may make an 12
interim supervision order for the released prisoner. 13
`(3) The power under subsection (2) applies for the application 14
instead of the power to make the orders mentioned in section 15
8(2)(b) or 9A(2) as applied under subsection (1). 16
`19E Fixing of period of further supervision order 17
`(1) If the court makes a further supervision order, the order must 18
state the period for which it is to have effect. 19
`(2) The period can not end later than 5 years after the current 20
order ends. 21
`19F Effect of further supervision order 22
`If a further supervision order is made for the released 23
prisoner, it has effect in accordance with its terms for the 24
period stated in the order.'. 25
Clause 18 Amendment of s 21 (Interim order concerning custody 26
generally) 27
Section 21(7)(a), from `the requirements mentioned'-- 28
omit, insert-- 29
Page 14
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 19]
`all of the requirements under section 16(1) if the order does 1
not already include all of those requirements; and'. 2
Clause 19 Amendment of s 21A (Victim's submission relating to 3
further order) 4
(1) Section 21A(1) to (3), `Attorney-General'-- 5
omit, insert-- 6
`chief executive'. 7
(2) Section 21A(1), after `written notice'-- 8
insert-- 9
`(hearing notice)'. 10
(3) Section 21A-- 11
insert-- 12
`(1A) However, subsection (1) does not apply if-- 13
(a) the chief executive has already given the eligible person 14
a hearing notice for the prisoner; and 15
(b) the person has informed the chief executive that the 16
person no longer wishes to receive hearing notices for 17
the prisoner.'. 18
(4) Section 21A-- 19
insert-- 20
`(3A) The chief executive must, before the hearing, give the 21
Attorney-General-- 22
(a) if the chief executive received a submission from an 23
eligible person in response to a hearing notice--the 24
submission; or 25
(b) information that the eligible person has not given a 26
submission in response to a hearing notice; or 27
(c) information that the eligible person has informed the 28
chief executive that the person no longer wishes to 29
receive hearing notices for the prisoner.'. 30
Page 15
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 20]
(5) Section 21A(5)-- 1
omit. 2
Clause 20 Amendment of s 22 (Court may make further order) 3
(1) Section 22(3)(b), from `including'-- 4
omit, insert-- 5
`including, for example, an order-- 6
(i) in the nature of a risk assessment order, subject to 7
the restriction under section 8(2); or 8
(ii) for the revision of a report about the released 9
prisoner produced under section 8A;'. 10
(2) Section 22(3)-- 11
insert-- 12
`(c) consider any further report or revised report in the 13
nature of a report of a type mentioned in section 8A.'. 14
(3) Section 22(7)(a), from `the requirements mentioned'-- 15
omit, insert-- 16
`all of the requirements under section 16(1) if the order does 17
not already include all of those requirements; and'. 18
Clause 21 Amendment of s 27 (Review--periodic) 19
(1) Section 27(1)-- 20
omit, insert-- 21
`(1) If the court makes a continuing detention order, it must review 22
the order at the intervals provided for under this section. 23
`(1A) The hearing for the first review and all submissions for the 24
hearing must be completed within 2 years after the day the 25
order first had effect. 26
`(1B) There must be subsequent annual reviews while the order 27
continues to have effect. 28
Page 16
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 22]
`(1C) Each annual review must start within 12 months after the 1
completion of the hearing for the last review under this 2
section.'. 3
(2) Section 27(2), `mentioned in subsection (1)'-- 4
omit. 5
Clause 22 Insertion of new s 28A 6
After section 28-- 7
insert-- 8
`28A Attorney-General may produce report 9
`Section 8A applies for any application under section 27 or 28 10
as if the application were an application for a division 3 11
order.'. 12
Clause 23 Amendment of s 30 (Review hearing) 13
(1) Section 30(1), `matters mentioned in section 13(4)'-- 14
omit, insert-- 15
`required matters'. 16
(2) Section 30(4)-- 17
omit, insert-- 18
`(4) In deciding whether to make an order under subsection (3)(a) 19
or (b)-- 20
(a) the paramount consideration is to be the need to ensure 21
adequate protection of the community; and 22
(b) the court must consider whether-- 23
(i) adequate protection of the community can be 24
reasonably and practicably managed by a 25
supervision order; and 26
(ii) requirements under section 16 can be reasonably 27
and practicably managed by corrective services 28
officers.'. 29
Page 17
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 24]
(3) Section 30(4A)-- 1
omit. 2
(4) Section 30-- 3
insert-- 4
`(6) In this section-- 5
required matters means all of the following-- 6
(a) the matters mentioned in section 13(4); 7
(b) any report produced under section 28A.'. 8
Clause 24 Amendment of s 41 (Stay of operation of decision) 9
(1) Section 41(2), `the judicial authority'-- 10
omit, insert-- 11
`the court'. 12
(2) Section 41(2), note, `a judicial authority'-- 13
omit, insert-- 14
`the court hearing an appeal'. 15
Clause 25 Insertion of new pt 4A 16
After part 4-- 17
insert-- 18
`Part 4A Offences 19
`43AA Offence for released prisoner to contravene relevant 20
order 21
`A released prisoner must not contravene the relevant order 22
without reasonable excuse. 23
Maximum penalty--2 years imprisonment. 24
Page 18
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 26]
`43AB Change of name of person under supervised release 1
`(1) A person who is a released prisoner must obtain the chief 2
executive's written permission before applying to change the 3
person's name under the Births, Deaths and Marriages 4
Registration Act 2003 (the registration Act). 5
Maximum penalty--20 penalty units or 6 months 6
imprisonment. 7
`(2) In deciding whether to give the permission, the chief 8
executive must consider each of the following-- 9
(a) the safety of the person and other persons; 10
(b) the person's rehabilitation or care or treatment; 11
(c) whether the proposed name change could be used to 12
further an unlawful activity or purpose; 13
(d) whether the proposed name change could be considered 14
offensive to a victim of a crime or an immediate family 15
member of a deceased victim of a crime. 16
`(3) Subsection (4) applies if the chief executive becomes aware 17
that the person has failed to comply with subsection (1) in 18
registering, under the registration Act, a change of name. 19
`(4) The chief executive may apply to the registrar under the 20
registration Act for the cancellation of the registration. 21
`43AC Proceedings for offences 22
`A proceeding for an offence against this Act is a summary 23
offence.'. 24
Clause 26 Omission of s 43B (Offence of contravening supervision 25
order or interim supervision order) 26
Section 43B-- 27
omit. 28
Page 19
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 27]
Clause 27 Amendment of s 44 (Hearings on the papers) 1
Section 44(1), `section 8(1) or 18'-- 2
omit, insert-- 3
`section 8(1), 18 or 19D(2)'. 4
Clause 28 Amendment of s 49 (Appearance at hearings) 5
(1) Section 49(1), after `18,'-- 6
insert-- 7
`19D,'. 8
(2) Section 49(2), `section 8 or 18'-- 9
omit, insert-- 10
`section 8, 18 or 19D'. 11
Clause 29 Insertion of new s 49A 12
After section 49-- 13
insert-- 14
`49A Provisions about victim's submissions and hearings 15
`(1) This section applies for a hearing at which a submission 16
mentioned in section 9AA or 21A may be placed before a 17
court. 18
`(2) To remove any doubt, it is declared that regard may be had to 19
the submission even though it gives no details of the harm 20
caused to the relevant victim by the serious sexual offence for 21
which the submission was given. 22
`(3) The mere fact that a submission has not been placed before 23
the court under the section does not, of itself, give rise to an 24
inference-- 25
(a) that the serious sexual offence caused the relevant 26
victim little or no harm; or 27
(b) that the relevant victim has no interest in the outcome of 28
the hearing.'. 29
Page 20
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 30]
Clause 30 Replacement of s 51 (Parole) 1
Section 51-- 2
omit, insert-- 3
`51 Parole 4
`A prisoner is not eligible for parole under the Corrective 5
Services Act 2006, chapter 5 if-- 6
(a) under section 8(1), the court has set a date for the 7
hearing of an application for a division 3 order in 8
relation to the prisoner and the application has not been 9
discontinued or finally decided; or 10
(b) the prisoner is subject to a continuing detention order or 11
interim detention order, whether or not the order has 12
taken effect.'. 13
Clause 31 Insertion of new pt 8 14
After section 58-- 15
insert-- 16
`Part 8 Transitional provisions for 17
Dangerous Prisoners (Sexual 18
Offenders) and Other 19
Legislation Amendment Act 20
2009 21
`59 Existing supervision orders 22
`(1) This section applies to a supervision order or interim 23
supervision order in force when this section commences. 24
`(2) Despite section 13A, the order continues in force in 25
accordance with its terms for the period stated in the order. 26
`(3) To remove any doubt, it is declared that part 2, division 4A 27
applies to the order and the released prisoner subject to it. 28
Page 21
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 2 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003
[s 32]
`60 Transitional provision for directions under s 16B 1
`(1) This section applies to a supervision order or interim 2
supervision order in force when this section commences (the 3
existing order). 4
`(2) Section 16B does not apply to the relevant prisoner and 5
section 16(1)(daa) and (db) do not apply to the existing order 6
to the extent those provisions apply for a direction under 7
section 16B. 8
`(3) However, section 16B and section 16(1)(daa) and (db) do 9
apply if, under section 19, 21 or 22, the court amends the 10
requirements of the existing order to include a requirement to 11
comply with any direction given to the relevant prisoner under 12
section 16B. 13
`61 First review period for particular existing continuing 14
detention orders 15
`(1) This section applies if-- 16
(a) a continuing detention order is in force when this 17
section commences; and 18
(b) no application under section 27 or 28 has been made for 19
the order. 20
`(2) The first review of the order must start within 12 months after 21
the completion of the hearing for the order.'. 22
Clause 32 Amendment of schedule (Dictionary) 23
(1) Schedule, definitions judicial authority and supervision 24
order-- 25
omit. 26
(2) Schedule-- 27
insert-- 28
`current order, for part 2, division 4A, see section 19B(1). 29
Page 22
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 33]
relevant appeal court means, if the decision of the trial 1
division of the Supreme Court on a matter relating to this Act 2
is appealed, a court with jurisdiction to hear the appeal or any 3
further appeal relating to the matter. 4
relevant order, for a released prisoner, means the supervision 5
order or interim supervision order to which the released 6
prisoner is subject. 7
supervision order means-- 8
(a) a supervision order made under section 13(5)(b); or 9
(b) a further supervision order made under part 2, division 10
4A.'. 11
(3) Schedule, definition interim supervision order, after 12
`9A(2)(a),'-- 13
insert-- 14
`19D(2),'. 15
Part 3 Amendment of Penalties and 16
Sentences Act 1992 17
Clause 33 Act amended 18
This part and the schedule amend the Penalties and Sentences 19
Act 1992. 20
Clause 34 Amendment of s 4 (Definitions) 21
Section 4-- 22
insert-- 23
`finite sentence, for part 10, see section 173(1)(b). 24
finite term, for a provision about a finite sentence, means the 25
term of the sentence. 26
Page 23
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 35]
indefinite sentence, for part 10, see section 162. 1
nominal sentence, for part 10, see section 162. 2
qualifying offence, for part 10, see section 162. 3
Queensland board means the Queensland Parole Board under 4
the Corrective Services Act 2006. 5
serious harm means any detrimental effect of a serious nature 6
on a person's emotional, physical or psychological wellbeing, 7
whether temporary or permanent.'. 8
Clause 35 Amendment of s 162 (Definitions) 9
Section 162, definition violent offence-- 10
omit, insert-- 11
`qualifying offence means an indictable offence-- 12
(a) against a provision of the Criminal Code mentioned in 13
schedule 2, as in force at any time (a relevant Code 14
provision); or 15
(b) that involved counselling or procuring the commission 16
of, or attempting or conspiring to commit, a relevant 17
Code provision.'. 18
Clause 36 Amendment of s 163 (Indefinite sentence--imposition) 19
(1) Section 163, `violent offence'-- 20
omit, insert-- 21
`qualifying offence'. 22
(2) Section 163(4)(d), `serious physical harm'-- 23
omit, insert-- 24
`serious harm'. 25
Clause 37 Amendment of s 165 (Attorney-General's consent) 26
Section 165(2), `violent offence'-- 27
Page 24
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 38]
omit, insert-- 1
`qualifying offence'. 2
Clause 38 Amendment of s 166 (Adjournment) 3
(1) Section 166(b), `violent offence'-- 4
omit, insert-- 5
`qualifying offence'. 6
(2) Section 166(b), `called by the prosecution and the offender'-- 7
omit, insert-- 8
`received by the court'. 9
Clause 39 Insertion of new ss 166A to 166C 10
After section 166-- 11
insert-- 12
`166A Reports about offender 13
`(1) This section applies when the court adjourns the offender's 14
sentencing. 15
`(2) The court must make an order that the chief executive 16
(corrective services) must-- 17
(a) prepare for the court a report about the offender; and 18
(b) give the court the report within a stated period. 19
`(3) The court may also order the chief executive (corrective 20
services) to provide or obtain any other report that the court 21
considers appropriate to enable it to impose the proper 22
sentence. 23
`(4) In this section-- 24
report includes an assessment of, or information about, the 25
prisoner. 26
Page 25
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 40]
`166B Distribution of reports 1
`(1) On receipt of a report under section 166A the court must give 2
a copy to-- 3
(a) the prosecution; and 4
(b) the offender's lawyers. 5
`(2) The court must ensure the prosecution and the offender's 6
lawyers have sufficient time before the sentencing to consider 7
and respond to the report. 8
`(3) The court may order the report, or part of the report, not be 9
shown to the offender. 10
`166C Use of reports 11
`(1) The offender's lawyers may, before the offender's sentencing 12
is to take place, file with the court a notice of intention to 13
dispute the whole or any part of a report given under section 14
166A. 15
`(2) If a notice is filed under subsection (1), the court must not 16
take the report or the part in dispute into consideration on the 17
sentencing unless the offender's lawyers have been given the 18
opportunity-- 19
(a) to lead evidence on the disputed matters; and 20
(b) to cross-examine the author of the report on its 21
contents.'. 22
Clause 40 Amendment of s 167 (Evidence) 23
(1) Section 167(3), `violent offence'-- 24
omit, insert-- 25
`qualifying offence'. 26
(2) Section 167-- 27
insert-- 28
Page 26
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 41]
`(4) Subsections (1) and (2) do not affect the admissibility, under 1
section 166C, of a report given under section 166A or any 2
matter contained in the report.'. 3
Clause 41 Insertion of new s 172D 4
After section 172C-- 5
insert-- 6
`172D Court not to have regard to possible order under 7
Dangerous Prisoners (Sexual Offenders) Act 2003 8
`(1) This section applies to a court-- 9
(a) considering whether or not to impose an indefinite 10
sentence; or 11
(b) hearing a review under section 171 or 172. 12
`(2) The court must not have regard to the question of whether or 13
not the offender may become-- 14
(a) the subject of an application under the Dangerous 15
Prisoners (Sexual Offenders) Act 2003 for a detention 16
order, interim detention order, supervision order or 17
interim supervision order; or 18
(b) subject to an order mentioned in paragraph (a).'. 19
Clause 42 Amendment of s 173 (Indefinite sentence discharged) 20
(1) Section 173(1)(b)-- 21
omit, insert-- 22
`(b) sentence (a finite sentence) the offender under this Act 23
for the qualifying offence for which the indefinite 24
sentence was imposed.'. 25
(2) Section 173(3), `A sentence imposed under subsection 26
(1)(b)'-- 27
omit, insert-- 28
`A finite sentence'. 29
Page 27
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 43]
Clause 43 Replacement of s 174 (Resettlement leave and parole for 1
offenders) 2
Section 174-- 3
omit, insert-- 4
`174 Parole application if finite sentence imposed 5
`(1) An offender on whom a finite sentence has been imposed may 6
apply under the Corrective Services Act 2006 for release on 7
parole under that Act. 8
`(2) However, an application under subsection (1) can not be made 9
less than 6 months before the finite term ends. 10
`(3) Despite the Corrective Services Act 2006, section 187 the 11
Queensland board must hear and decide the application. 12
`(4) If the decision on the application is to grant the parole, the 13
offender must be under the authority of the Queensland board 14
and the supervision of an authorised corrective services 15
officer for-- 16
(a) generally--at least 5 years from when the parole starts; 17
or 18
(b) if the Queensland board decides a shorter period (a 19
shorter supervision period)--that period. 20
`(5) The Queensland board can not decide a shorter supervision 21
period that ends before the finite term ends. 22
`(6) If the finite term ends within 5 years from when the parole 23
starts, for this part the term is taken to extend until the end 24
of-- 25
(a) generally--the 5 years; or 26
(b) if a shorter supervision period has been decided--that 27
period. 28
Page 28
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 43]
`174A Provision for parole if no parole granted on 1
application 2
`(1) This section applies if an offender on whom a finite sentence 3
has been imposed is not currently on parole 6 months before 4
the finite term ends (the 6 month period). 5
`(2) The Queensland board must, within the 6 month period, make 6
a parole order under the Corrective Services Act 2006, section 7
194 as if the offender had made an application under section 8
174 before the end of the 6 month period. 9
`(3) The order-- 10
(a) takes effect when the 6 month period ends; and 11
(b) may be made in anticipation of the offender's release. 12
`(4) From the start of the parole, the offender must be under the 13
authority of the Queensland board and the supervision of an 14
authorised corrective services officer for-- 15
(a) generally--at least 5 years; or 16
(b) if the Queensland board decides a shorter period (a 17
shorter supervision period)--that period. 18
`(5) The Queensland board can not decide a shorter supervision 19
period that ends before the finite term ends. 20
`(6) If the finite term ends within 5 years from when the parole 21
starts, for this part the term is taken to extend until the end 22
of-- 23
(a) generally--the 5 years; or 24
(b) if a shorter supervision period has been decided--that 25
period. 26
`174B Provisions for parole orders under part 27
`(1) This section applies if a parole order is made under section 28
174 or 174A. 29
`(2) The Corrective Services Act 2006, chapter 5, part 1, divisions 30
5 and 6 apply to the order. 31
Page 29
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 44]
`(3) The making of the order or the application of section 174 or 1
174A does not limit or otherwise affect any application of the 2
Dangerous Prisoners (Sexual Offenders) Act 2003 to the 3
prisoner the subject of the order. 4
`174C Cessation of parole provisions on cancellation of 5
order 6
`(1) If a parole order under section 174 or 174A is made for an 7
offender and the order is cancelled, the section ceases to apply 8
to the offender. 9
`(2) To remove any doubt, it is declared that subsection (1) does 10
not limit the offender's ability under the Corrective Services 11
Act 2006 to apply for, or the Queensland board's power to 12
grant, further parole.'. 13
Clause 44 Insertion of new s 217 14
After section 216-- 15
insert-- 16
`217 Transitional provision for Dangerous Prisoners 17
(Sexual Offenders) and Other Legislation 18
Amendment Act 2009 19
`(1) Amended part 10, other than new sections 174 to 174C, 20
applies to the sentencing of an offender and to a review under 21
that part no matter when the relevant offence happened or 22
happens. 23
`(2) However, amended part 10 only applies if the conviction for 24
the offence took place after the date of assent of the amending 25
Act. 26
`(3) New sections 174 to 174C apply to an offender on whom a 27
finite sentence has been imposed no matter when the relevant 28
offence or conviction happened or happens, or when the finite 29
sentence was made. 30
`(4) Subsections (1) and (3) apply despite the Acts Interpretation 31
Act 1954, section 20C. 32
Page 30
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 45]
`(5) In this section-- 1
amended part 10 means part 10 as amended under the 2
amending Act. 3
amending Act means the Dangerous Prisoners (Sexual 4
Offenders) and Other Legislation Amendment Act 2009. 5
new sections 174 to 174C means those numbered sections of 6
the post-amended Act, as affected by any relevant definitions 7
under the post-amended Act. 8
post-amended Act means this Act as amended by the 9
amending Act.'. 10
Clause 45 Insertion of new sch 2 11
After schedule-- 12
insert-- 13
`Schedule 2 Qualifying offences 14
section 162, definition qualifying offence, paragraph (a) 15
Criminal Code 16
Section Section heading or description of offence
54A Demands with menaces upon agencies of government
208 Unlawful sodomy
210 Indecent treatment of children under 16
213 Owner etc. permitting abuse of children on premises
215 Carnal knowledge with or of children under 16
216 Abuse of persons with an impairment of the mind
217 Procuring young person etc. for carnal knowledge
Page 31
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 45]
Section Section heading or description of offence
218 Procuring sexual acts by coercion etc.
219 Taking child for immoral purposes
221 Conspiracy to defile
222 Incest
229B Maintaining a sexual relationship with a child
302, 305 Murder
303, 310 Manslaughter
306 Attempt to murder
309 Conspiring to murder
311 Aiding suicide
313 Killing unborn child
315 Disabling in order to commit indictable offence
317 Acts intended to cause grievous bodily harm and other
malicious acts
320A Torture
321 Attempting to injure by explosive or noxious substances
322 Administering poison with intent to harm
349 Rape
350 Attempt to commit rape
351 Assault with intent to commit rape
352 Sexual assaults
411(2) Robbery with circumstance of aggravation
412 Attempted robbery
Page 32
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 3 Amendment of Penalties and Sentences Act 1992
[s 45]
Criminal Code (Provisions repealed by Criminal 1
Law Amendment Act 1997) 2
Section Section heading
208 Unlawful anal intercourse
221 Conspiracy to defile
222 Incest by man
223 Incest by adult female
Criminal Code (Provisions amended, 3
renumbered or repealed by Criminal Law 4
Amendment Act 2000) 5
Section Section heading
215 Carnal knowledge of girls under 16
336 Assault with intent to commit rape
337 Sexual assaults
347 Rape
349 Attempt to commit rape
Criminal Code (Provision repealed by Criminal 6
Code and Other Acts Amendment Act 2008) 7
Section Section heading
209 Attempted sodomy'.
Page 33
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003
[s 46]
Part 4 Amendment of Births, Deaths 1
and Marriages Registration Act 2
2003 3
Clause 46 Act amended 4
This part amends the Births, Deaths and Marriages 5
Registration Act 2003. 6
Clause 47 Amendment of s 42 (Correcting the register) 7
Section 42(1)(b), after `Corrective Services Act 2006, section 8
27(4)'-- 9
insert-- 10
`or the Dangerous Prisoners (Sexual Offenders) Act 2003, 11
section 43AB(4)'. 12
Page 34
Dangerous Prisoners (Sexual Offenders) and Other Legislation Amendment Bill 2009
Part 4 Amendment of Births, Deaths and Marriages Registration Act 2003
[s 47]
Schedule Consequential amendments of 1
Penalties and Sentences 2
Act 1992 3
section 38 4
1 Sections 156A(1)(a), 161A(a), 161B(3)(a) and 161C, `the 5
schedule'-- 6
omit, insert-- 7
`schedule 1'. 8
2 Schedule-- 9
number as schedule 1. 10
© State of Queensland 2009
Page 35
[Index] [Search] [Download] [Related Items] [Help]