Bail (Domestic Violence) and Another Act Amendment Bill 2017*

An Act to amend the Bail Act 1980 and the Corrective Services Act 2006 for particular purposes

1Short title

This Act may be cited as the Bail (Domestic Violence) and Another Act Amendment Act 2017 .

2Act amended

This part amends the Bail Act 1980 .

3Amendment of s 6 (Definitions)

Section 6—
insert—

electronic address includes an email address and a mobile phone number.

electronic means includes by email, multimedia message and SMS message.

relevant domestic violence offence means—

(a)an offence against the Criminal Code, section 315A; or

(b)an offence against the Criminal Code, section 355, 359E or 461, or a provision of the Criminal Code mentioned in the Penalties and Sentences Act 1992 , schedule 1, committed by a person if the act or omission constituting the offence is also—

(i)domestic violence or associated domestic violence, under the Domestic and Family Violence Protection Act 2012 , committed by the person; or

(ii)a contravention of the Domestic and Family Violence Protection Act 2012 , section 177(2).

4Amendment of s 11 (Conditions of release on bail)

(1)Section 11—
insert—

(4B)A court or a police officer authorised by this Act to grant bail for the release of a person who is charged with a relevant domestic violence offence must consider the imposition of a special condition under subsection (2) that prohibits the person from approaching within a stated distance of a stated place regularly frequented by the complainant for the offence.

Examples of a place regularly frequented by a complainant for an offence—

•the complainant’s usual place of residence

•the complainant’s workplace

(4C)A court or a police officer authorised by this Act to grant bail for the release of a person who is charged with a relevant domestic violence offence must also consider the imposition of a special condition under subsection (2) that requires the person to wear a tracking device while the person is released on bail.

(4D)If bail for a person is subject to a special condition mentioned in subsection (4C), the court may impose any other condition the court considers necessary to facilitate the use of the tracking device.

(2)Section 11(10)—
insert—

tracking device means an electronic device capable of being worn, and not removed, by a person for the purpose of the Queensland police service finding or monitoring the geographical location of the person.

5Insertion of new ss 11C and 11D

After section 11B—
insert—

11CRight of complainant to receive notice of application for bail

(1)This section applies if a defendant charged with a relevant domestic violence offence makes an application for bail or for a variation of bail to a court.

(2)The prosecutor or other person appearing on behalf of the Crown must give notice of the application to the complainant for the offence.

(3)The notice must be given within 24 hours after the application is made.

(4)The notice may be given by electronic means to the last known electronic address of the complainant.

11DRight of person at risk of domestic violence to receive particular information about release

(1)This section applies if a court or police officer makes a decision about release under this part or the Youth Justice Act 1992 , part 5, for a defendant charged with a relevant domestic violence offence.

(2)The court or police officer must give the following information to each person at risk of domestic violence from the defendant—

(a)the date the defendant is released;

(b)the time and place the defendant is required to surrender into the court’s custody.

(3)The information must be given to a person at risk of domestic violence—

(a)if the court or police officer is aware the person is a person at risk of domestic violence from the defendant at the time the decision is made—immediately after the decision is made; or

(b)otherwise—within 24 hours after the court or police officer becomes aware the person is a person at risk of domestic violence from the defendant.

(4)The information may be given by electronic means to the last known electronic address of the person at risk of domestic violence.

(5)In this section—

person at risk of domestic violence, from a defendant charged with a relevant domestic violence offence, means—

(a)the complainant for the offence; or

(b)if the complainant is deceased, an immediate family member of the deceased complainant; or

(c)if the complainant is under 18 years or has a legal incapacity, the complainant’s parent or guardian; or

(d)another person who—

(i)gives the court or police officer documentary evidence of the defendant’s domestic violence against the person, whether or not the domestic violence constitutes the offence with which the person is charged; or

Example of documentary evidence—

a domestic violence order under the Domestic and Family Violence Protection Act 2012 , whether or not the order is current

(ii)satisfies the court or police officer the person’s life or physical safety could reasonably be expected to be endangered because of a risk of domestic violence committed by the defendant against the person.

6Amendment of s 16 (Refusal of bail)

Section 16(3)—
insert—

(g)with a relevant domestic violence offence;

7Insertion of new s 19CA

After section 19C—
insert—

19CA Stay of release decision relating to relevant domestic violence offence

(1)This section applies if—

(a)a decision has been made about release under this part or the Youth Justice Act 1992 , part 5, for a defendant charged with a relevant domestic violence offence; and

(b)the prosecutor or other person appearing on behalf of the Crown applies to the reviewing court for a review of the decision.

(2)The decision about release is stayed until the earlier of the following—

(a)the reviewing court makes an order under section 19B(6) or 19C(5);

(b)the application for the review of the decision is discontinued;

(c)4p.m. on the day that is 3 business days after the day on which the decision about release was made.

(3)A decision about release does not entitle a person to be at liberty while the decision is stayed.

8Amendment of s 19D (Warrants in aid of orders under section 19B or 19C)

(1)Section 19D, heading, after ‘or 19C’—
insert—

or stay under section 19CA

(2)Section 19D—
insert—

(2)Also, a reviewing court may, for giving effect to a stay under section 19CA, issue a warrant for the apprehension of the defendant directing that the defendant be brought before a stated court.

9Insertion of new s 36BA

After section 36B—
insert—

36BA Review of domestic violence provisions

(1)The Minister must ensure the operation of the domestic violence provisions is reviewed as soon as practicable after the day that is 2 years after the commencement of the provisions.

(2)The review must include a review of whether the domestic violence provisions—

(a)have been effective in protecting people from domestic violence; and

(b)have had sufficient regard to rights and liberties of defendants; and

(c)remain appropriate.

(3)The Minister must, as soon as practicable after the review is finished, table in the Legislative Assembly a report on the outcome of the review.

(4)In this section—

domestic violence provisions means sections 19CA and 19D(2).

10Act amended

This part amends the Corrective Services Act 2006 .

11Replacement of s 320 (Eligible persons register)

Section 320—
omit, insert—

320Eligible persons register

(1)The chief executive must keep a register of persons who are eligible to receive information under section 324A or 325 (prisoner information) about—

(a)a supervised dangerous prisoner (sexual offender); or

(b)a prisoner who has been sentenced to a period of imprisonment for an offence of violence or a sexual offence; or

(c)a prisoner who has been sentenced to a period of imprisonment for an offence other than an offence mentioned in paragraph (b).

(2)The following persons may apply, in the approved form, to be registered as an eligible person—

(a)for a prisoner mentioned in subsection (1)(a) or (b)—

(i)the actual victim of the offence (the victim); or

(ii)if the victim is deceased, an immediate family member of the deceased victim; or

(iii)if the victim is under 18 years or has a legal incapacity, the victim’s parent or guardian; or

(iv)another person who—

(A)gives the chief executive documentary evidence of the prisoner’s history of violence against the person; or

Example—

a domestic violence order under the Domestic and Family Violence Protection Act 2012 , whether or not the order is current

(B)satisfies the chief executive the person’s life or physical safety could reasonably be expected to be endangered because of a connection between the person and the offence;

(b)for a prisoner mentioned in subsection (1)(c)—

(i)a person who gives the chief executive documentary evidence of the prisoner’s domestic violence against the person, whether or not the domestic violence constitutes the offence for which the person is imprisoned; or

Example—

a domestic violence order under the Domestic and Family Violence Protection Act 2012 , whether or not the order is current

(ii)a person who satisfies the chief executive the person’s life or physical safety could reasonably be expected to be endangered because of a risk of domestic violence committed by the prisoner against the person.

(3)The application must be accompanied by documentary evidence satisfying the chief executive of the applicant’s identity.

(4)The applicant may nominate an entity to receive the prisoner information for the applicant.

Example of entity—

a victims’ support agency

(5)In this section—

offence of violence means an offence in which the victim suffers actual or threatened violence.

12Insertion of new s 324A

After section 324—
insert—

324A Right of eligible persons to receive particular information

(1)The chief executive must give an eligible person the following information about a prisoner in relation to whom the eligible person is registered—

(a)the prisoner’s eligibility dates for discharge or release;

(b)the prisoner’s date of discharge or release;

(c)the fact, and date, of the death or escape of the prisoner;

(d)the fact, and date, of any particular circumstances relating to the prisoner that could reasonably be expected to endanger the eligible person’s life or physical safety.

Examples of particular circumstances relating to a prisoner—

•the prisoner is mistakenly discharged before the prisoner’s discharge day

•the prisoner is granted leave under chapter 2, part 2, division 8 without supervision

(2)The information must be given to the person—

(a)for information mentioned in subsection (1)(a)—as soon as practicable after the chief executive becomes aware of the information; or

(b)for information mentioned in subsection (1)(b)—at least 14 days before the prisoner’s date of discharge or release; or

(c)for information mentioned in subsection (1)(c) and (d)—immediately after the chief executive becomes aware of the information.

(3)If the eligible person nominated an entity under section 320(4) to receive the information, the chief executive may give the information to the nominee.

13Amendment of s 325 (Releasing information)

(1)Section 325, heading, after ‘Releasing’—
insert—

other

(2)Section 325(1)(d) and (e)—
omit.

(3)Section 325(1)(g)—
omit, insert—

(g)other exceptional events relating to the prisoner.

(4)Section 325(1)(f) and (g)—
renumber as section 325(1)(d) and (e).