An Act to amend the Dangerous Prisoners (Sexual Offenders) Act 2003 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Protecting Queenslanders from Violent and Child Sex Offenders Amendment Act 2018.
This Act amends the Dangerous Prisoners (Sexual Offenders) Act 2003.
3Amendment of s 3 (Objects of this Act)
Section 3(a), ‘adequate’—
omit, insert—the safety and
After section 3—
insert—3ASafety and protection of community paramount in decisions under this Act
An entity making a decision under this Act must give paramount consideration to the safety and protection of the community.
5Amendment of s 13 (Division 3 orders)
(1)Section 13—
insert—(4A)Also, in deciding whether there is an unacceptable risk as mentioned in subsection (2), the court must not have regard to—(a)the means of managing the risk; or(b)the likely impact of a division 3 order on the prisoner.(4B)The court may be satisfied a prisoner is a serious danger to the community as mentioned in subsection (1) even if the likelihood that the prisoner will commit a serious sexual offence is less than more than likely than not.(2)Section 13(6)(a), ‘to be the need to ensure adequate’—
omit, insert—the safety and
(3)Section 13(6)(b)(i), ‘adequate’—
omit, insert—the safety and
6Omission of s 13A (Fixing of period of supervision order)
Section 13A—
omit.
After section 14—
insert—14AEffect of supervision order
A supervision order has effect in accordance with its terms—(a)on the order being made or on the prisoner’s release day, whichever is the later; and(b)until the Governor in Council decides under section 19B(4) that the supervision order no longer applies to the released prisoner.
8Replacement of pt 2, div 4A (Extending supervised release)
Part 2, division 4A—
omit, insert—19BReview of supervision order made after the commencement
(1)This section applies to a released prisoner subject to a supervision order made after the commencement.(2)The Governor in Council must review the released prisoner’s supervision order within 5 years after the order is made by the court.(3)There must be subsequent annual reviews while a released prisoner’s supervision order continues to have effect.(4)On a review, if the Governor in Council is satisfied that the released prisoner is no longer a serious danger to the community, the Governor in Council may decide that the supervision order no longer applies to the released prisoner.19CReview of supervision order made before the commencement
(1)This section applies to a released prisoner subject to a supervision order made before the commencement if the period fixed under repealed section 13A has not ended on the commencement.(2)The Governor in Council must review a released prisoner’s supervision order.(3)The review must be undertaken during the last 6 months of the released prisoner’s supervision order.(4)On the review, if the Governor in Council is satisfied that the released prisoner continues to be a serious danger to the community, the Governor in Council may decide that the supervision order continues—(a)in accordance with its terms; and(b)until the Governor in Council decides under subsection (6) that it no longer applies to the released prisoner.(5)There must be subsequent annual reviews while a released prisoner’s supervision order continues to have effect.(6)On a subsequent review, if the Governor in Council is satisfied that the released prisoner is no longer a serious danger to the community, the Governor in Council may decide that the supervision order no longer applies to the released prisoner.19DProvision about reviews under ss 19B and 19C
(1)This section applies to a review of a released prisoner’s supervision order under section 19B or 19C.(2)In deciding whether a released prisoner is a serious danger to the community, the Governor in Council must have regard to—(a)the matters mentioned in section 13(4)(aa) to (j); and(b)any report produced for the review under section 19E.(3)Notice of the outcome of a review under section 19B or 19C must be given to the released prisoner.19EExaminations for purposes of reviews under ss 19B and 19C
(1)This section applies to a review of a released prisoner’s supervision order under section 19B or 19C.(2)For the purposes of the review, the released prisoner must be examined by 2 psychiatrists.(3)For subsection (2), sections 11 and 12 apply with necessary changes.(4)Subsection (2) authorises examinations of the released prisoner by the 2 psychiatrists.
Before section 43AA—
insert—In this part—released prisoner includes a person subject to an indeterminate supervision order that has taken effect under section 43AM.relevant order, for a person subject to an indeterminate supervision order, means the indeterminate supervision order.
After section 43AI—
insert—In this part—indeterminate supervision order see section 43AL(2).repeat offender means an offender who is convicted of two or more serious sexual offences committed by the offender when the offender was an adult.This division applies to a repeat offender who is—(a)a prisoner detained in custody serving a period of imprisonment; or(b)subject to a division 3 order.43AL Repeat offender is subject to indeterminate supervision order
(1)A repeat offender is, by operation of law and without specific order, subject to the following requirements—(a)the requirement that the repeat offender wear a device for monitoring the repeat offender’s location (a monitoring device requirement);(b)the following requirements (the other requirements)—(i)a requirement that the repeat offender must not, without reasonable excuse, be within 200m of a school;(ii)a requirement that the repeat offender must not live within 1km of a place, where children are regularly present, published on the department’s website;Examples of places where children are regularly present—
schools, parks, shopping centres(iii)a requirement that the repeat offender report to a corrective services officer once every month;(iv)a requirement that the repeat offender must not leave or stay out of Queensland without the permission of a corrective services officer.(2)The requirements imposed under subsection (1) are an indeterminate supervision order.43AM Effect of indeterminate supervision order
(1)An indeterminate supervision order takes effect—(a)for a repeat offender who is a prisoner—on the prisoner’s release day; or(b)for a repeat offender subject to a division 3 order—on the day on which the division 3 order ends.(2)The repeat offender is subject to the monitoring device requirement of the indeterminate supervision order indefinitely.(3)The repeat offender is subject to the other requirements of the indeterminate supervision order until the Attorney-General decides under section 43AQ(2) that the other requirements no longer apply to the repeat offender.This division applies to a repeat offender who is subject to an indeterminate supervision order that has taken effect under section 43AM.43AO Examination of repeat offender
(1)The Attorney-General must ensure a repeat offender is examined at least once every 3 years by 2 psychiatrists.(2)A repeat offender must submit to an examination required by the Attorney-General under subsection (1).(3)A psychiatrist who conducts an examination of a repeat offender under subsection (1) must give the Attorney-General a report that indicates the psychiatrist’s assessment of the level of risk that the repeat offender will commit an offence of a sexual nature and the reasons for the assessment.43AP Giving examination report to repeat offender
The Attorney-General must, as soon as practicable after receiving a report about a repeat offender under section 43AO, give a copy of the report to the repeat offender.43AQ Review of supervision order by Attorney-General
(1)The Attorney-General must, as soon as practicable after receiving a report about a repeat offender under section 43AO, consider the report and make a decision under this section.(2)If the Attorney-General is satisfied that subjecting the repeat offender to the other requirements of the repeat offender’s indeterminate supervision order is no longer in the public interest, the Attorney-General may decide that the other requirements no longer apply to the repeat offender.(3)If the Attorney-General is satisfied that subjecting the repeat offender to the other requirements of the repeat offender’s indeterminate supervision order continues to be in the public interest, the Attorney-General may decide that the other requirements continue to apply to the repeat offender.(4)Notice of the Attorney-General’s decision under subsection (2) or (3) must be given to the repeat offender.43AR Effect of division 3 order on indeterminate supervision order
(1)Nothing in this part affects—(a)the power of the Attorney-General to apply to the court for a division 3 order in relation to a prisoner; or(b)the power of the court to make a division 3 order in relation to a prisoner.(2)Subsection (3) applies if—(a)the court or the relevant appeal court makes a division 3 order in relation to a prisoner; and(b)the prisoner is subject to an indeterminate supervision order.(3)The prisoner’s indeterminate supervision order is suspended for the period of the division 3 order.
After section 51—
insert—(1)The Attorney-General must review the amendments to this Act made by the Protecting Queenslanders from Violent and Child Sex Offenders Amendment Act 2018 as soon as reasonably practicable after 3 years after that Act’s commencement.(2)The Attorney-General must, as soon as reasonably practicable after finishing the review, table a report about the outcome of the review in the Legislative Assembly.
After section 65—
insert—Part 10 Transitional provisions for Protecting Queenslanders from Violent and Child Sex Offenders Amendment Act 2018
66References to supervision orders
In this Act, a reference to a supervision order includes a reference to a further supervision order made under this Act before the commencement.(1)Sections 3A and 13 apply to a decision relating to an existing application.(2)In this section—existing application means an application under this Act made but not decided before the commencement.68Application for further supervision order not finally decided
(1)This section applies if immediately before the commencement an application for a further supervision order had been made but not finally dealt with.(2)The application is withdrawn.For applying part 4B, it does not matter whether any or all of the two or more serious sexual offences were committed, or the offender was convicted, before or after the commencement.
1Section 15, heading, ‘supervision order or’—
omit.
2Section 15, ‘A supervision order or’—
omit, insert—An
3Section 44(1), ‘8(1), 18 or 19D(2)’—
omit, insert—8(1) or 18
omit.
5Section 49(2), ‘8, 18 or 19D’—
omit, insert—8 or 18
6Schedule, definitions current order, further supervision order, released prisoner, relevant order and supervision order—
omit.
insert—indeterminate supervision order see section 43AL(2).monitoring device requirement see section 43AL(1)(a).other requirements see section 43AL(1)(b).released prisoner—(a)generally—see section 18(1)(a); or(b)for part 4A—see section 43AAA.relevant order, for a released prisoner—(a)generally—means the supervision order or interim supervision order to which the released prisoner is subject; or(b)for part 4A—see section 43AAA.repeat offender, for part 4B, see section 43AJ.supervision order means a supervision order made under section 13(5)(b).
8Schedule, definition interim supervision order, ‘19D(2),’—
omit.