Protecting Queenslanders from Dangerous Prisoners and Strengthening Victims’ Rights Amendment Bill 2026

An Act to amend the Corrective Services Act 2006, the Victims’ Commissioner and Sexual Violence Review Board Act 2024 and the Youth Justice Act 1992 for particular purposes

1Short title

This Act may be cited as the Protecting Queenslanders from Dangerous Prisoners and Strengthening Victims’ Rights Amendment Act 2026.

2Commencement

This Act commences on the day after the date of assent.

3Act amended

This part amends the Corrective Services Act 2006.

Note—

See also the amendments in schedule 1.

4Insertion of new s 5B

After section 5A—
insert—

5BHuman Rights Act 2019, s 58 does not apply to particular acts and decisions

(1)It is declared that the Human Rights Act 2019, section 58 does not apply to acts and decisions of the chief executive or a corrective services officer in the administration of this Act or the Dangerous Prisoners (Sexual Offenders) Act 2003 that relate to—

(a)a prisoner in a corrective services facility; or

(b)the placing of a prisoner in a corrective services facility; or

(c)a supervised dangerous prisoner (sexual offender) not in a corrective services facility.

Examples of acts and decisions—

•a decision by the chief executive, under section 53, to make a safety order for a prisoner or, under section 54, to make a further safety order for a prisoner

•a decision by the chief executive, under section 60, to make a maximum security order that a prisoner be accommodated in a maximum security unit or, under section 61, to make a further maximum security order for a prisoner

•a decision of a corrective services officer in relation to a prisoner under an administrative procedure mentioned in section 265

•the giving of a curfew direction or monitoring direction by a corrective services officer to a released prisoner under the Dangerous Prisoners (Sexual Offenders) Act 2003

(2)For the purposes of the Human Rights Act 2019, section 43(1), it is declared that this section has effect—

(a) despite being incompatible with human rights; and

(b)despite anything else in the Human Rights Act 2019.

Note—

Under the Human Rights Act 2019, section 45(2), this subsection expires 5 years after the commencement.

(3)This section, other than subsection (2), expires 5 years after the day on which subsection (2) commences.

5Amendment of s 45 (Opening, searching and censoring mail)

(1)Section 45—
insert—

(1A)A corrective services officer authorised by the chief executive may search, by an electronic scanning device, a prisoner’s privileged mail or mail purporting to be privileged mail to detect a thing included in the mail.

(2)Section 45(2), ‘open and search’—
omit, insert—

open and carry out a physical search of

(3)Section 45(3), from ‘However’ to ‘subsection (2)’—
omit, insert—

If a prisoner’s privileged mail is opened and searched under subsection (3), a corrective services officer

(4)Section 45(1A) to (5)—
renumber as section 45(2) to (6).

6Amendment of s 49 (Register of privileged mail searches)

(1)Section 49, heading, from ‘privileged’—
omit, insert—

physical searches of privileged mail

(2)Section 49(1), ‘each search’—
insert—

each physical search

7Amendment of s 175B (Definitions for chapter)

(1)Section 175B, definitions restricted prisoner declaration and restricted prisoner report—
omit.

(2)Section 175B—
insert—

mandatory restricted prisoner declaration see section 175DD(1).

restricted prisoner declaration means—

(a)a mandatory restricted prisoner declaration; or

(b)a subsequent restricted prisoner declaration.

restricted prisoner report see section 175DB(1)(a).

subsequent restricted prisoner declaration see section 175E(2).

(3)Section 175B, definition commissioner’s report, paragraph (a)—
omit, insert—

(a)a statement about whether the prisoner has given any cooperation in relation to the homicide offence for which the prisoner was sentenced to imprisonment; and

(4)Section 175B, definition commissioner’s report, paragraph (b)(i)—
omit, insert—

(i)the timeliness of the prisoner’s cooperation; and

(ia)the nature and extent of the prisoner’s cooperation; and

(5)Section 175B, definition commissioner’s report, paragraph (b)(ia) to (iii)—
renumber as paragraph (b)(ii) to (iv).

(6)Section 175B, definition cooperation, ‘is serving a sentence of imprisonment’—
omit, insert—

was sentenced to imprisonment

8Replacement of s 175C (Meaning of no body-no parole prisoner)

Section 175C—
omit, insert—

175C Meaning of no body-no parole prisoner

A prisoner is a no body-no parole prisoner if—

(a)the prisoner is serving—

(i)a term of imprisonment for a homicide offence; or

(ii)a period of imprisonment that includes a term of imprisonment for a homicide offence, whether or not the period of imprisonment also includes a term of imprisonment for an offence other than a homicide offence; and

(b)the body or remains, or any part of the body or remains, of the victim of the homicide offence have not been located for any reason, including, for example, because the body or remains or any part of the body or remains are, or are likely to be, no longer in existence or capable of being located.

9Amendment of s 175D (Meaning of restricted prisoner)

Section 175D, from ‘imprisonment’—
omit, insert—

imprisonment.

10Replacement of ch 5, pt 1AB, hdg (Parole declarations)

Chapter 5, part 1AB, heading—
omit, insert—

Part 1AB Restricted prisoner declarations

11Omission of ch 5, pt 1AB, div 1, hdg (Restricted prisoner declarations)

Chapter 5, part 1AB, division 1, heading—
omit.

12Insertion of new ch 5, pt 1AB, divs 1, 1A and 1B

Chapter 5, part 1AB, as amended by this Act, before section 175E—
insert—

Division 1 General

175DA Functions and powers of deputy president under this part

(1)A deputy president has the functions and powers that the president has under this part.

(2)A reference to the president in this part, other than in this section, includes, if the context permits, a reference to a deputy president.

175DB Restricted prisoner report

(1)The chief executive may, under this section—

(a)prepare a report (a restricted prisoner report) for the making of a restricted prisoner declaration about a restricted prisoner; and

(b)as soon as practicable after the report is prepared, give the report to the president.

(2)A restricted prisoner report about a restricted prisoner must include information about the prisoner that the chief executive considers is relevant to a matter mentioned in section 175H(2)(a), (b) or (c).

(3)The chief executive may prepare and give the president a restricted prisoner report about a restricted prisoner—

(a)if the report relates to the making of a mandatory restricted prisoner declaration about the prisoner—no more than 270 days before the prisoner’s parole eligibility date in relation to the prisoner’s period of imprisonment; or

(b)if the report relates to the making of a subsequent restricted prisoner declaration about the prisoner—at any time during the prisoner’s period of imprisonment.

(4)If the parole board gives the chief executive notice of a restricted prisoner’s application for a parole order under section 193AA(2), the chief executive must give the president a restricted prisoner report about the prisoner within 42 days after being given the notice.

Division 1A Mandatory restricted prisoner declarations

175DC Application of division

This division applies in relation to a restricted prisoner for a sentence of life imprisonment if the chief executive gives the president a restricted prisoner report about the prisoner in relation to the sentence.

175DD Making and effect of mandatory restricted prisoner declaration

(1)The president must make a written declaration about the restricted prisoner under this division (a mandatory restricted prisoner declaration) stating that the prisoner may not apply for a parole order during the term stated in the declaration.

Note—

For circumstances in which the president or a deputy president must not make a mandatory restricted prisoner declaration about a particular restricted prisoner, see section 233A.

(2)The term of the mandatory restricted prisoner declaration is the period, decided by the president under this division, ending on the day that is at least 5 years, but no later than 10 years, after the day the declaration takes effect.

(3)The restricted prisoner may not apply for a parole order under section 180 during the term of the mandatory restricted prisoner declaration.

175DE Notice of mandatory restricted prisoner declaration to restricted prisoner

(1)As soon as practicable after being given the restricted prisoner report, the president must give the restricted prisoner a written notice stating—

(a)the president has been given the report; and

(b)the president must make the mandatory restricted prisoner declaration for a term of at least 5 years, but no more than 10 years, decided by the president under this division; and

(c)when the declaration is made, the prisoner may not apply for parole under section 180 during the term stated in the declaration; and

(d)the prisoner may, within 21 days after the notice is given (the submission period)—

(i)give the president a written submission about the length of the term; and

(ii)ask the president to consider any material the prisoner considers relevant to the submission.

(2)The president may extend the submission period if the president considers it reasonable in the circumstances.

175DF Deciding term of declaration

For deciding the term of the mandatory restricted prisoner declaration, the president must—

(a)be satisfied the length of the term is consistent with the public interest; and

(b)have regard to—

(i)the restricted prisoner report about the restricted prisoner; and

(ii)the matters mentioned in section 175H(2)(a), (b) and (c); and

(iii)the information, if any, mentioned in section 175H(3)(b) and (c); and

(iv)the submissions, if any, made by the restricted prisoner under section 175DE(1)(d); and

(v)any other matter or information the president considers relevant to the public interest.

175DG Period for making mandatory restricted prisoner declaration

(1)If the president considers it reasonable in the circumstances, the president may—

(a)defer making the mandatory restricted prisoner declaration; and

(b)ask any person for further information or documents the president reasonably requires to decide the term.

(2)The president must make the mandatory restricted prisoner declaration within—

(a)if the president has deferred making the declaration under subsection (1)—150 days after receiving the restricted prisoner report; or

(b)otherwise—120 days after receiving the restricted prisoner report.

(3)A failure to make the mandatory restricted prisoner declaration within the period required under subsection (2) does not affect the validity of the declaration.

175DH Contents, effective day, and other requirements

(1)The mandatory restricted prisoner declaration must state—

(a)the day the declaration takes effect; and

(b)the day the declaration ends; and

(c)that the restricted prisoner may not apply for parole under section 180 while the declaration is in force; and

(d)the reasons for the decision about the term of the declaration.

(2)The mandatory restricted prisoner declaration takes effect—

(a)if the restricted prisoner has not reached the prisoner’s parole eligibility date—from the parole eligibility date; or

(b)if the restricted prisoner has reached the prisoner’s parole eligibility date—from the day the declaration is made.

(3)The president must give a copy of the mandatory restricted prisoner declaration to—

(a)the restricted prisoner; and

(b)the chief executive; and

(c)the parole board.

175DI Limited application of division

(1)This section applies if, under this division, a mandatory restricted prisoner declaration is made about a restricted prisoner for a sentence of life imprisonment.

(2)A mandatory restricted prisoner declaration may be made about the restricted prisoner in relation to the sentence only once.

Division 1B Subsequent restricted prisoner declarations

175DJ Application of division

This division applies in relation to a restricted prisoner for a sentence of life imprisonment if a mandatory restricted prisoner declaration has been made about the prisoner in relation to the sentence.

Note—

See also sections 495(3) and 496(3).

13Replacement of s 175E (Making restricted prisoner declaration)

Section 175E—
omit, insert—

175E Making and effect of subsequent restricted prisoner declaration

(1)This section applies if the chief executive gives the president a restricted prisoner report about the prisoner.

(2)The president may make a written declaration under this division (a subsequent restricted prisoner declaration) about the restricted prisoner.

Note—

For circumstances in which the president or a deputy president must not decide a subsequent restricted prisoner declaration about a particular restricted prisoner, see section 233A.

(3)The restricted prisoner may not apply for a parole order under section 180 while the subsequent restricted prisoner declaration is in force.

14Omission of s 175F (Restricted prisoner report)

Section 175F—
omit.

15Replacement of s 175G (If restricted prisoner report given to president)

Section 175G—
omit, insert—

175G Notice of subsequent restricted prisoner declaration to restricted prisoner

(1)As soon as practicable after being given the restricted prisoner report, the president must give the restricted prisoner a written notice stating—

(a)the president has been given the report; and

(b)the president may decide whether to make a subsequent restricted prisoner declaration about the prisoner; and

(c)if a subsequent restricted prisoner declaration is made about the prisoner, the prisoner may not apply for parole under section 180 during the term of the declaration; and

(d)the prisoner may, within 21 days after the notice is given (the submission period)—

(i)give the president a written submission about the making of the declaration; and

(ii)ask the president to consider any material the prisoner considers relevant to the submission.

(2)The president may extend the submission period if the president considers it reasonable in the circumstances.

16Amendment of s 175H (Deciding to make restricted prisoner declaration)

(1)Section 175H, heading, after ‘make’—
insert—

subsequent

(2)Section 175H(1), ‘restricted prisoner declaration’—
omit, insert—

subsequent restricted prisoner declaration

(3)Section 175H(2)(c)—
omit, insert—

(c)the likely effect that the prisoner’s release on parole may have on—

(i)any registered victim for the prisoner; or

(ii)any other victim of an offence for which the prisoner is serving a term of imprisonment.

(4)Section 175H(3), ‘restricted prisoner declaration’—
omit, insert—

subsequent restricted prisoner declaration

(5)Section 175H(3)(b)—
omit, insert—

(b)if a registered victim has, under section 188, at any time made a submission in relation to a parole application made by the prisoner—the submission;

(6)Section 175H(3)(d), ‘section 175G(3)(d)’—
omit, insert—

section 175G(1)(d)

(7)Section 175H(5)(a) and (6), ‘restricted prisoner declaration’—
omit, insert—

subsequent restricted prisoner declaration

(8)Section 175H—
insert—

(7A)The president or a deputy president must not give the prisoner, or a representative of the prisoner, a submission made under section 188 or information in a submission made under section 188.

(9)Section 175H(7A) and (8)—
renumber as section 175H(8) and (9).

17Amendment of s 175I (If restricted prisoner declaration made)

(1)Section 175I, heading, after ‘If’—
insert—

subsequent

(2)Section 175I(1), ‘restricted prisoner declaration’—
omit, insert—

subsequent restricted prisoner declaration

(3)Section 175I(2)—
omit, insert—

(2)The day the subsequent restricted prisoner declaration takes effect must be—

(a)if a mandatory or subsequent restricted prisoner declaration is in force for the restricted prisoner—the day after the day that declaration ends; or

(b)otherwise—the day the declaration is made.

(4)Section 175I(3), ‘declaration ends’—
omit, insert—

subsequent restricted prisoner declaration ends

(5)Section 175I(4) and (5), ‘declaration’—
omit, insert—

subsequent restricted prisoner declaration

(6)Section 175I(6)—
omit.

18Amendment of s 175J (If restricted prisoner declaration not made)

(1)Section 175J, heading, after ‘If’—
insert—

subsequent

(2)Section 175J(1), ‘restricted prisoner declaration’—
omit, insert—

subsequent restricted prisoner declaration

(3)Section 175J(4), from ‘a declaration’ to ‘175F.’—
omit, insert—

a subsequent restricted prisoner declaration about the prisoner if the president is given another restricted prisoner report about the prisoner.

19Omission of ch 5, pt 1AB, div 2, hdg (No cooperation declarations)

Chapter 5, part 1AB, division 2, heading—
omit.

20Renumbering of ch 5, pt 1AB, divs 1A and 1B

Chapter 5, part 1AB, divisions 1A and 1B, as inserted by this Act—
renumber as chapter 5, part 1AB, divisions 2 and 3.

21Insertion of new ch 5, pt 1AC, hdg

Before section 175K—
insert—

Part 1AC No cooperation declarations

22Amendment of s 175M (Parole board may request commissioner’s report)

(1)Section 175M, heading, ‘Parole board may’—
omit, insert—

When parole board must

(2)Section 175M(1)(c)—
omit, insert—

(c)at any time after a no body-no parole prisoner’s term of imprisonment or period of imprisonment begins, the parole board decides to consider if the prisoner has given timely and satisfactory cooperation.

(3)Section 175M(3), ‘to which the period’—
omit, insert—

for the homicide offence to which the prisoner’s sentence

(4)Section 175M(4), after ‘given’—
insert—

timely and

23Amendment of s 175O (Deciding if satisfactory cooperation)

(1)Section 175O, heading, ‘satisfactory cooperation’—
omit, insert—

timely and satisfactory cooperation given

(2)Section 175O(1), after ‘given’—
insert—

timely and

(3)Section 175O(1)(a)(ii), ‘satisfactory cooperation’—
omit, insert—

timely and satisfactory cooperation, including any information in addition to the matters contained in the commissioner’s report mentioned in section 175B, definition commissioner’s report, paragraph (b)

(4)Section 175O(1)(a)(iii), ‘the prisoner is serving’—
omit.

24Amendment of s 175S (Deciding reconsideration application)

(1)Section 175S(3)(c), after ‘cooperate’—
insert—

in a timely and satisfactory way

(2)Section 175S(6), from ‘a written notice’—
omit, insert—

and the chief executive written notice of the refusal.

25Amendment of s 175U (If reconsideration application granted or meeting called)

(1)Section 175U(1), from ‘board’—
omit, insert—

parole board must meet and reconsider whether the prisoner has given timely and satisfactory cooperation.

(2)Section 175U(2) and (3), ‘satisfactory’—
omit, insert—

timely and satisfactory

(3)Section 175U—
insert—

(4)The parole board must give the chief executive a copy of each notice given to a prisoner under this section.

26Amendment of s 176A (Deciding applications made by restricted prisoner)

(1)Section 176A, heading, ‘made by restricted prisoner’—
omit, insert—

for exceptional circumstances parole order

(2)Section 176A(1)—
omit, insert—

(1)This section applies if a prisoner makes an application to the board for an exceptional circumstances parole order under section 176.

27Amendment of s 179 (Application of sdiv 2)

(1)Section 179(2)(b)—
omit.

(2)Section 179(2)(c)—
renumber as section 179(2)(b).

28Amendment of s 180 (Applying for parole order etc.)

(1)Section 180(1)—
omit, insert—

(1)A prisoner may apply to the parole board for a parole order if—

(a)the application is made no more than 180 days before the prisoner’s parole eligibility date in relation to the prisoner’s period of imprisonment; and

(b)the application relates to the prisoner’s release on parole on or after the prisoner’s parole eligibility date.

(2)Section 180(2), ‘can not’ to ‘order—’—
omit, insert—

may not apply for a parole order—

(3)Section 180(2)(a)(i), ‘section 193(6)(b);’—
omit, insert—

section 196(2);

(4)Section 180(2)(c)—
omit, insert—

(c)if a restricted prisoner declaration for the prisoner is in force or will come into force; or

(ca)if the chief executive has given the president or a deputy president a restricted prisoner report about the prisoner and the president or deputy president has not—

(i)for a report for the making of a mandatory restricted prisoner declaration—made the declaration; or

(ii)for a report for the making of a subsequent restricted prisoner declaration—decided the declaration; or

(5)Section 180(2)(e)—
omit.

(6)Section 180(2)(ca) and (d)—
renumber as section 180(2)(d) and (e).

(7)Section 180(3)—
omit, insert—

(3)The application must be made in the approved form.

29Amendment of s 181 (Parole eligibility date for prisoner serving term of imprisonment for life)

Section 181—
insert—

(4)This section does not limit section 175DD.

30Amendment of s 181A (Parole eligibility date for prisoner serving term of imprisonment for life for a repeat serious child sex offence)

Section 181A—
insert—

(5)Further, this section does not limit section 175DD.

31Replacement of ss 188 and 189

Sections 188 and 189—
omit, insert—

186A Notice to chief executive

After receiving a prisoner’s application for a parole order under section 180, the parole board must give the chief executive written notice of the application.

187Notice to registered victim

(1)Within 7 days after receiving notice of a prisoner’s application for a parole order under section 186A, the chief executive must give each registered victim for the prisoner written notice of the application.

(2)The notice given to each registered victim must include the date of the notice and advise the victim that—

(a)the prisoner has applied for a parole order; and

(b)the parole board is about to consider whether the parole order should be made; and

(c)the registered victim may, within 42 days after the date of the notice, make submissions to the parole board about anything relevant to—

(i)the decision about making the parole order; or

(ii)the conditions to be included in the parole order; or

(iii)the likely effect that the making of a parole order may have on the registered victim or the victim’s family; and

(d)the registered victim may apply to the parole board to extend the period for making submissions to the board; and

(e)the registered victim may apply to the parole board to appear before the board.

(3)The notice given to each registered victim must also contain the following information about parole orders—

(a)the purpose of parole;

(b)the matters the parole board is required to consider in making a decision about an application for parole;

(c)the standard conditions of a parole order;

(d)that the parole board may impose additional conditions, including, for example, conditions to restrict or monitor the movements of the prisoner;

(e)the powers the parole board and the chief executive have in relation to a prisoner while the prisoner is subject to a parole order.

(4)The giving of a notice or information to a registered victim under this section is subject to section 324AA.

(5)In this section—

standard conditions, of a parole order, means the conditions that must be included in the order under section 200(1).

188Submissions from registered victim

(1)This section applies if a registered victim is given notice under section 187 that a prisoner has applied for a parole order.

(2)The registered victim may make submissions to the parole board about anything relevant to—

(a)the decision about making the parole order; or

(b)the conditions to be included in the parole order; or

Example—

conditions to protect the physical or psychological safety of a registered victim

(c)the likely effect that the making of the parole order may have on the registered victim or the victim’s family.

(3)The submission—

(a)must be made within 42 days after the date of the notice; and

(b)may be made in writing or another form approved by the parole board.

(4)The parole board may extend the period for making submissions if the board is satisfied the extension is reasonable in the circumstances.

(5)The parole board must consider each submission made to the board under this section.

(6)The parole board must not give the prisoner, or a representative of the prisoner, a submission or information in a submission.

189Appearing before parole board

(1)Any of the following persons may, with the parole board’s leave, appear before the board to make representations about a prisoner’s application for a parole order—

(a)a registered victim for the prisoner;

(b)a support person or advocate for a registered victim for the prisoner;

(c)the prisoner;

(d)the prisoner’s agent.

(2)The person may appear by using a contemporaneous communication link between the parole board and the person.

(3)The person may appear personally only if the person is—

(a)a prisoner with special needs; or

(b)a registered victim who would have difficulty appearing by using a contemporaneous communication link or making written submissions to the parole board.

(4)This section does not stop the parole board deciding the prisoner’s application if the prisoner or another person fails to appear before the board.

32Amendment of s 190 (Applying for leave to appear before parole board)

Section 190(2)—
omit, insert—

(2)The secretariat must tell the applicant of—

(a)the parole board’s decision on the application; and

(b)if the parole board grants the leave—the time and place at which the applicant may appear before the board.

33Replacement of s 193 (Deciding parole applications—general)

Section 193—
omit, insert—

193Deciding parole order applications—general

(1)After receiving a prisoner’s application for a parole order, the parole board must decide to grant the application or refuse to grant the application.

Note—

Sections 193A, 193AA and 193B require that particular prisoners’ applications for parole orders must be refused.

(2)The parole board may defer making a decision on the prisoner’s application until it obtains any additional information it considers necessary to make the decision.

(3)The parole board must decide the prisoner’s application within—

(a)if the board defers making a decision under subsection (2)—150 days after receiving the application; or

(b)otherwise—120 days after receiving the application.

Note—

Sections 193A, 193AA, 193AB and 193C also include a power for the parole board to defer making a decision on particular prisoners’ applications.

(4)In deciding the prisoner’s application, the parole board—

(a)must have regard to the potential risk to community safety posed by the prisoner if released on parole; and

(b)may have regard to any other matter it considers relevant.

(5)The paramount consideration for the parole board in deciding the prisoner’s application is the safety of the community.

(6)In assessing the potential risk to community safety posed by the prisoner, the parole board must have regard to all of the following—

(a) any adverse statement, regarding the prisoner and the potential risk the prisoner poses to the community, made by the court in passing sentence on the prisoner and included in published sentencing remarks;

(b) the likelihood of the prisoner complying with any conditions of the parole order;

(c) if the prisoner was sentenced to a term of imprisonment for a sexual offence or an offence involving violence—the circumstances and gravity of the offence;

(d) whether the offence for which the prisoner is serving a term of imprisonment was committed in the presence of a child;

(e) if there is a registered victim for the prisoner—

(i)the impact that the prisoner being released on parole is likely to have on the registered victim and the victim’s family; and

(ii)any submissions made by the registered victim under section 188 in relation to the matter mentioned in subparagraph (i);

(f) the prisoner’s criminal history;

(g) the behaviour of the prisoner while in prison and on any previous release on parole;

(h)any report available to the parole board that—

(i)is about the social background, or the medical, psychological or psychiatric condition, of the prisoner; or

Example—

a personality disorder

(ii)relates to the prisoner and is made by the chief executive;

(i) the probable circumstances of the prisoner while released on parole, including likely accommodation;

(j) any recommendations made by the chief executive in relation to conditions that should be included in the parole order.

(7)The parole board may grant the prisoner’s application regardless of whether a parole order for the same period of imprisonment was previously cancelled.

(8)If the parole board refuses to grant the prisoner’s application, the board must give the prisoner written reasons for the refusal.

34Amendment of s 193A (Deciding parole applications—no body-no parole prisoner)

(1)Section 193A(1)—
insert—

Note—

If the prisoner is both a no body-no parole prisoner and a restricted prisoner, see section 193AB.

(2)Section 193A(2)—
omit, insert—

(2)If a no cooperation declaration is in force for the prisoner when the application is made, or is made about the prisoner at any time before the application is decided, the parole board must refuse the application.

(3)Section 193A(3), after ‘has been’—
insert—

, or is, at any time before the application is decided,

(4)Section 193A—
insert—

(5)If a no cooperation declaration is made about the prisoner after the deferral of the application under subsection (4), the application is taken to have been refused on the day the no cooperation declaration is made.

35Amendment of s 193AA (Deciding parole applications—restricted prisoner)

(1)Section 193AA(1)—
insert—

Note—

If the prisoner is both a no body-no parole prisoner and a restricted prisoner, see section 193AB.

(2)Section 193AA(2), from ‘parole board must’—
omit, insert—

parole board must give a notice stating the prisoner has applied for a parole order to—

(a)the president; and

(b)each deputy president; and

(c)the chief executive.

(3)Section 193AA(4)—
omit, insert—

(4)If the president or a deputy president makes a restricted prisoner declaration about the prisoner before the parole board decides the prisoner’s application for a parole order, the prisoner’s application is taken to have been refused by the parole board on the day the declaration is made.

36Insertion of new s 193AB

After section 193AA—
insert—

193AB Deciding parole applications—no body-no parole prisoner who is also a restricted prisoner

(1)This section applies if, at the time a prisoner makes an application for a parole order, the prisoner is both a no body-no parole prisoner and a restricted prisoner.

(2)The application must first be decided under section 193A and, if the parole board does not make a no cooperation declaration, the application is then decided under section 193AA.

(3)The parole board may defer making a decision on the application until the board obtains any additional information it considers necessary to make the decision.

(4)If the parole board defers making a decision under subsection (3), the board must decide the application within 150 days after receiving the application.

(5)Subsection (4) overrides the time limit for deciding prisoner’s applications for a parole order provided for in section 193(3).

37Amendment of s 193B (Deciding applications for parole orders made by prisoners with links to terrorism)

Section 193B(5), note ‘section 193(6)(a).’—
omit, insert—

section 193(8).

38Amendment of s 193C (Deferring decision to obtain information about terrorism links)

(1)Section 193C(2), ‘Despite section 193(4), if’—
omit, insert—

If

(2)Section 193C—
insert—

(3)Subsection (2) overrides the time limit for deciding the application provided for in section 193(3).

39Insertion of new s 193F

After section 193E—
insert—

193F Chief executive to be notified of deferral

(1)This section applies if the parole board decides to defer deciding an application for a parole order under this subdivision.

(2)The parole board must give the chief executive a notice stating—

(a)the board has deferred deciding the application; and

(b)the provision under which the decision to defer the application was made; and

(c)if known, the proposed date for consideration of the application.

40Amendment of s 194 (Types of parole orders granted by parole board)

Section 194(3), ‘prisoner’—
omit, insert—

prisoner and the chief executive

41Insertion of new ss 195 and 196

After section 194—
insert—

195 Start day for parole order

(1)If the parole board grants a prisoner’s application for a parole order, the parole order starts on the day stated in the order (the start day).

(2)If the prisoner’s application was made under section 176, the start day must not be more than 14 days after the day the parole order is made.

(3)If the prisoner’s application was made under section 180, the start day must be—

(a) for a parole order made more than 14 days before the prisoner’s parole eligibility date—the parole eligibility date; or

(b)otherwise, a day that is—

(i)on or after the prisoner’s parole eligibility date; but

(ii)not more than 14 days after the day the parole order was made.

196 Period before more parole order applications may be made by prisoner

(1)This section applies if the parole board refuses to grant a prisoner’s application for a parole order, other than an exceptional circumstances parole order.

(2)The parole board must decide a period of time (an exclusion period) during which the prisoner may not make another application for a parole order without the board’s consent.

(3)The exclusion period must not be more than—

(a)if the prisoner is serving a period of imprisonment for life—5 years; or

(b)if the prisoner is serving a period of imprisonment of 10 years or more, other than a period of imprisonment for life—3 years; or

(c)otherwise—1 year.

(4)In deciding the exclusion period, the parole board—

(a)must have regard to—

(i)the nature, seriousness and circumstances of each offence for which the prisoner is serving a term of imprisonment; and

(ii)the reasons the application was refused; and

(iii)the likely effect making a further application for a parole order may have on any victim of the prisoner; and

(b)may have regard to the extent to which delaying the prisoner making another application for a parole order is in the public interest.

(5)In this section—

victim, of a prisoner, means—

(a)a person against whom an offence was committed if the prisoner is serving a term of imprisonment for the offence; or

(b)a registered victim for the prisoner.

42Amendment of s 200 (Conditions of parole)

(1)Section 200(3)—
insert—

(c)to stop the prisoner endangering the safety of the community or any registered victim for the prisoner; or

(d)to stop the prisoner causing psychological harm to any registered victim for the prisoner.

(2)Section 200—
insert—

(3A)The parole board must consider whether any conditions are necessary to include in a parole order granted by the board to ensure that—

(a)the safety of the community and any registered victim for the prisoner are not endangered by the prisoner while released on parole; and

(b)no psychological harm is caused to any registered victim for the prisoner by the prisoner being released on parole.

(3)Section 200—
insert—

(5)In this section—

parole period means the period during which a prisoner is released on parole.

(4)Section 200(3A) to (5)—
renumber as section 200(4) to (6).

43Amendment of s 221 (Membership)

Section 221(2)—
omit, insert—

(2)Without limiting subsection (1), a qualification in any of the following is a relevant qualification for a professional board member—

(a)law;

(b)criminology;

(c)medicine, including, for example, psychiatry;

(d)psychology, including, for example, forensic psychology;

(e)behavioural science;

(f)social work.

44Replacement of s 222 (President and deputy president)

Section 222—
omit, insert—

222President and deputy president—qualifications for appointment

The president and each deputy president must be a person who has served as, or is qualified for appointment as, a judge of—

(a)the Supreme Court of Queensland; or

(b)the Supreme Court of another State; or

(c)the Federal Court of Australia.

45Amendment of s 223 (Appointment)

Section 223(2)(b), after ‘proposed appointment’—
insert—

of a person qualified for appointment under section 222

46Amendment of s 229A (Functions of president)

Section 229A—
insert—

(5)The president must ensure the practices and procedures of the board facilitate the efficient and effective operation of the secretariat.

47Omission of s 229B (Delegation of particular function of president)

Section 229B—
omit.

48Amendment of s 230 (Conduct of business)

(1)Section 230, ‘division’—
omit, insert—

division—

(2)Section 230(a)—
omit, insert—

(a)the president’s or a deputy president’s consideration of the term of a mandatory restricted prisoner declaration, or whether to make a subsequent restricted prisoner declaration, may be conducted in the way the president or the deputy president considers appropriate; and

49Amendment of s 233 (Meetings generally)

Section 233(8)—
omit.

50Insertion of new s 233A

After section 233—
insert—

233A Disqualification from making or deciding restricted prisoner declaration or term

(1)This section applies if the president or a deputy president (each the affected person) considers they can not properly perform either of the following functions—

(a)deciding the term of a mandatory restricted prisoner declaration about a prisoner under part 1AB, division 2;

(b)making a subsequent restricted prisoner declaration about a prisoner under part 1AB, division 3.

(2)Without limiting subsection (1), this section applies if the affected person has a direct or indirect interest in relation to the prisoner that could conflict with the proper performance of the function.

(3)The affected person—

(a)must disclose to a meeting of the parole board—

(i)the matters relevant to the person’s inability to properly perform the function; and

(ii)if subsection (2) is relevant—the direct or indirect interest; and

(b)if the function relates to a mandatory restricted prisoner declaration—must not make the declaration; and

(c)if the function relates to a subsequent restricted prisoner declaration—must not decide the declaration.

(4)In this section—

interest, in relation to a prisoner, includes a professional or familial interest.

51Replacement of s 235A (Parole board must publish particular information)

Section 235A—
omit, insert—

235A President may publish particular information

(1)The president may publish a decision of the parole board, and the reasons for the decision, if the president is satisfied that doing so would be in the public interest.

(2)In publishing the decision, the president may—

(a)redact any sensitive information or identifying information of a prisoner, or a victim of a prisoner, from the decision or the reasons for the decision; or

(b)include only a summary of the reasons for the decision.

(3)Subsections (4) to (6) apply if the decision relates to a prisoner’s application for a parole order.

(4)In deciding whether publication is in the public interest, the president must consider the potential impact of publication on—

(a)community safety; and

(b)if the president is aware of a victim of the prisoner—the victim.

(5)The president must do the following before publication of the decision—

(a)notify any registered victim for the prisoner that the president proposes to publish the decision and the reasons for the decision;

(b)invite any registered victim for the prisoner to make a written submission to the president about the publication within 21 days after the day the victim receives the invitation;

(c)consider any submissions received under paragraph (b).

(6)For the purpose of subsection (5)—

(a)the president may share information with the chief executive; and

(b)the chief executive may share information with the president.

(7)In this section—

identifying information includes information that would expose a person’s identity, residential address or contact details.

sensitive information means information that could reasonably be expected to—

(a)endanger a victim’s mental wellbeing or physical safety; or

(b)disclose the health of a person or an injury suffered by a person; or

(c)endanger community safety; or

(d)interfere with the detection, investigation or prosecution by a law enforcement agency of an offence; or

(e)be prohibited under a law of this or another State or the Commonwealth.

victim, of a prisoner, means—

(a)a person against whom an offence was committed if the prisoner is serving a term of imprisonment for the offence; or

(b)a registered victim for the prisoner.

52Amendment of s 242F (Annual report)

Section 242F(1)—
insert—

(c)any education or training related to the parole board’s functions undertaken by a board member.

53Amendment of s 245 (Chief executive must prepare and give report to parole board)

(1)Section 245, before ‘report’—
insert—

comprehensive

(2)Section 245—
insert—

(2)For subsection (1), a report on a prisoner’s application for a parole order is comprehensive if the report contains enough details to help the parole board decide the application.

(3)Subsection (4) applies if a report on, or information relating to, a prisoner’s application for a parole order to be given under subsection (1) includes information about a person, other than the prisoner, that the chief executive considers is personal to the person or is otherwise sensitive.

(4)The chief executive must ensure the report or information is accompanied by a written notice stating—

(a)the nature of the information; and

(b)the reasons the chief executive considers the information is personal or sensitive.

54Amendment of s 319G (When treatment of offender by protected defendant is not direct discrimination)

(1)Section 319G(3)—
insert—

(ha)the need to protect the safety or wellbeing of a victim of a crime or the safety of the community;

(hb)the need to protect national security;

(2)Section 319G(3), paragraphs (ha) to (j)—
renumber as section 319G(3)(i) to (l).

55Amendment of s 319H (When term imposed on offender by protected defendant is not indirect discrimination)

(1)Section 319H(2)—
insert—

(ha)the need to protect the safety or wellbeing of a victim of a crime or the safety of the community;

(hb)the need to protect national security;

(2)Section 319H(2), paragraphs (ha) to (j)—
renumber as section 319H(2)(i) to (l).

56Insertion of new ss 319ZM and 319ZN

Before section 320—
insert—

319ZM Prosecuting authority to give victim information to chief executive

(1)This section applies if a person is sentenced to a term of imprisonment for any of the following offences—

(a)an offence of violence;

(b)a sexual offence;

(c)a domestic violence offence;

(d)an offence against the Bail Act 1980, if the offence relates to an offence of violence or a sexual offence committed by the person.

(2)The prosecuting authority must, in writing, give the following information about each victim of the offence to the chief executive as soon as practicable after the sentencing of the person—

(a)the name of the victim;

(b)the contact information for the victim;

(c)the victim’s preferred method of contact by the chief executive;

(d)any safety concerns the victim has about being contacted by the chief executive;

(e)confirmation of the victim’s consent for information to be given to the chief executive.

(3)If a victim of the offence is a child or a person with impaired capacity, the prosecuting authority must also give the contact information of the following persons to the chief executive—

(a)if the victim is a child—a parent or guardian of the victim;

(b)if the victim is a person with impaired capacity—

(i)a guardian of the victim; or

(ii)an attorney of the victim with an enduring power of attorney.

(4)The prosecuting authority is to give the chief executive information about a victim under subsections (2) and (3) only to the extent the prosecuting authority has the information.

(5)If a victim of the offence died as a consequence of the offence, this section applies to each immediate family member of the victim as if a reference to the victim in subsections (2), (3) and (4) were a reference to the family member.

(6)In this section—

domestic violence offence see the Criminal Code, section 1.

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

prosecuting authority, for an offence, means whichever of the following entities that prosecuted the offence—

(a)the commissioner;

(b)the director of public prosecutions.

victim, of an offence, means—

(a)for an offence of violence, a sexual offence or a domestic violence offence—the person against whom the offence was committed; or

(b)for an offence against the Bail Act 1980 as stated in subsection (1)(d)—the person against whom the related offence of violence or sexual offence was committed.

319ZN Chief executive to inform victim or agent of victims register

(1)This section applies if the chief executive receives information about a victim under section 319ZM.

(2)As soon as practicable after receiving the information, the chief executive must contact the victim to inform the victim about the victims register, including—

(a)the types of information that may be provided to registered victims under the Act; and

(b)the process for registration in the victims register.

(3)However, if the victim is a child or a person with impaired capacity, the chief executive must contact the following persons instead of contacting the victim—

(a)if the victim is a child—a parent or guardian of the child, unless satisfied that contacting the child is in the child’s best interests;

(b)if the victim is a person with impaired capacity—

(i)a guardian of the victim; or

(ii)an attorney of the victim with an enduring power of attorney.

(4)When contacting the victim under subsection (2), the chief executive must do so using the victim’s preferred method of contact, if known.

(5)This section does not apply if—

(a)the chief executive is not given contact information for the victim; or

(b)the contact information for the victim is incorrect or insufficient to enable the chief executive to contact the victim; or

(c)the chief executive is aware the victim does not wish to be contacted by the chief executive or about the victims register.

57Amendment of ch 6, pt 13, div 1, hdg (Giving notices and information to eligible persons)

Chapter 6, part 13, division 1, heading, ‘eligible persons’—
omit, insert—

registered victims

58Replacement of s 320 (Eligible persons register)

Section 320—
omit, insert—

320Victims register

(1)The chief executive must keep a register (a victims register) of persons who may receive notices or information about a prisoner or homicide offender under this Act.

(2)The chief executive may make an entry for a person in the victims register—

(a)on application by a person in the approved form; or

(b)on request in the approved form by an entity on behalf of a person; or

(c)on request by the chief executive (youth justice) on behalf of a person; or

(d)on the chief executive’s own initiative.

(3)However, the chief executive must not make an entry in the victims register for a person unless the chief executive is satisfied—

(a)the prisoner or homicide offender is a prisoner or homicide offender for whom an entry can be made under section 321, 322 or 323; and

(b)the person—

(i)is eligible to be registered under section 321, 322, 323 or 323A; and

(ii)requests or consents to the registration.

(4)Despite being satisfied of the matters stated in subsection (3), the chief executive may refuse to register a person as a registered victim if the chief executive reasonably believes that giving the person a notice or information as a registered victim may endanger—

(a)the security of a corrective services facility; or

(b)the safe custody or welfare of a prisoner; or

(c)the safety or welfare of someone else.

(5)If the chief executive makes an entry in the victims register for a person, the chief executive must give the person written notice confirming the person’s inclusion in the register.

(6)In this section—

chief executive (youth justice) means the chief executive of the department in which the Youth Justice Act 1992 is administered.

59Amendment of s 321 (Effect of offence and violence as ground for registration)

(1)Section 321(1), ‘eligible persons register against’—
omit, insert—

victims register for

(2)Section 321(1)—
insert—

(c)who has been sentenced to a term of imprisonment for an offence against the Bail Act 1980, if the offence relates to an offence of violence or a sexual offence committed by the prisoner.

(3)Section 321(2), from ‘entitled’ to ‘against the prisoner’—
omit, insert—

eligible to be registered as a registered victim for the prisoner

(4)Section 321(2)(a)—
omit, insert—

(a)the person (a victim) is a person against whom the offence of violence or the sexual offence mentioned in subsection (1)(a) or (c) was committed; or

(aa)the person (also a victim) is a person against whom the serious sexual offence mentioned in subsection (1)(b) was committed; or

(ab)the person is an immediate family member of a deceased victim of the offence; or

(5)Section 321(2)(aa) to (b)—
renumber as section 321(2)(b) to (d).

60Replacement of s 323A (Registration if eligible person is child or person with impaired capacity)

Section 323A—
omit, insert—

323A Registration if victim is child or person with impaired capacity

(1)If a person eligible to be registered as a registered victim is a child—

(a)a parent or guardian of the child is taken to be a person eligible to be registered as a registered victim; and

(b)subject to this Act, the parent or guardian may be registered instead of, or as well as, the child.

(2)If a person eligible to be registered as a registered victim is a person with impaired capacity—

(a)a guardian or attorney of the person with an enduring power of attorney is taken to be a person eligible to be registered as a registered victim; and

(b)subject to this Act, the guardian or attorney may be registered instead of, or as well as, the person with impaired capacity.

(3)If a person proposed to be registered as a registered victim is a child—

(a)the child may be registered only if the chief executive is satisfied that registration is in the child’s best interests; and

(b)if the child is in care—the chief executive must consult with the child protection chief executive in deciding whether registration of the child is in the child’s best interests; and

(c)if the chief executive decides to register the child, the chief executive must—

(i)give the child information about being a registered victim and how to be removed from the victims register; and

(ii)inform the child and the child’s parent or guardian that the parent or guardian may register as a registered victim instead of, or as well as, the child.

61Amendment of s 323B (Nomination of entity to receive information on behalf of eligible person)

(1)Section 323B, heading, ‘eligible person’—
omit, insert—

registered victim

(2)Section 323B(1)—
omit, insert—

(1)A registered victim may nominate an entity as an entity to whom the chief executive may give a notice or information required or authorised to be given to the registered victim under this Act.

Example of nominee—

a victims support agency

(3)Section 323B(3), ‘eligible persons register’—
omit, insert—

victims register

62Amendment of s 324 (Removing details from eligible persons register)

(1)Section 324, heading, ‘eligible persons register’—
omit, insert—

victims register

(2)Section 324(1), from ‘an’ to ‘register—’—
omit, insert—

a registered victim’s details from the victims register—

(3)Section 324(1)(d), ‘eligible person’—
omit, insert—

registered victim

(4)Section 324(2) and (3)—
omit, insert—

(2)The chief executive may remove a registered victim’s details from the victims register if—

(a)the chief executive reasonably believes that giving the registered victim a notice or information may endanger—

(i)the security of a corrective services facility; or

(ii)the safe custody or welfare of a prisoner; or

(iii)the safety or welfare of someone else; or

(b)the registered victim discloses, for public dissemination, any notice or information given to the registered victim under this Act.

(3)The chief executive may also remove a registered victim’s details from the victims register if the chief executive is unable to contact the registered victim after making reasonable efforts to do so.

(5)Section 324(4), ‘an eligible person registered against’—
omit, insert—

a registered victim for

(6)Section 324(5), definition details—
omit, insert—

details, of a registered victim, includes details of any entity nominated to receive a notice or information under this Act for the registered victim.

63Amendment of s 324AA (Provision of notice or information to eligible person)

(1)Section 324AA, heading, ‘eligible person’—
omit, insert—

registered victim

(2)Section 324AA(1)—
omit, insert—

(1)The chief executive must not give a registered victim a notice or information under this Act unless—

(a)the registered victim has given the chief executive a signed declaration stating that the registered victim will not disclose, for public dissemination, any notice or information about a prisoner given to the registered victim under this Act; and

(b)if a nominee for the registered victim is noted in the victims register—both the nominee and the registered victim have given the chief executive a signed declaration stating that they will not disclose, for public dissemination, any notice or information about a prisoner given to them under this Act.

(3)Section 324AA(2), ‘an eligible person’—
omit, insert—

a registered victim

(4)Section 324AA(2), ‘person may’—
omit, insert—

registered victim may

(5)Section 324AA(3), from ‘of’ to ‘eligible person,’—
omit, insert—

for a registered victim noted in the victims register when the chief executive is required or authorised to give a notice or information to the registered victim,

(6)Section 324AA(3)(b), ‘eligible person’—
omit, insert—

registered victim

(7)Section 324AA(4), from ‘an eligible person’ to ‘the person’—
omit, insert—

a registered victim ceases to apply if the chief executive has made a reasonable attempt to give the notice or information to the registered victim

(8)Section 324AA(5), ‘an eligible person’—
omit, insert—

a registered victim

64Replacement of ss 324A and 325

Sections 324A and 325—
omit, insert—

324A Right of registered victims to receive particular information about prisoner

(1)This section applies if there is a registered victim for a prisoner.

(2)The chief executive must give the registered victim the following information about the prisoner immediately after becoming aware of the information—

(a)if the prisoner escapes—the escape of the prisoner and the date of the escape;

(b)the fact, and date, of any particular circumstance relating to the prisoner that could reasonably be expected to endanger the registered victim’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

(c)the death of the prisoner and, if the prisoner died in a corrective services facility, the date of the prisoner’s death.

(3)The chief executive must give the registered victim the following information about the prisoner as soon as practicable after becoming aware of the information—

(a)the length of the term of imprisonment the prisoner is serving;

(b)any further cumulative terms of imprisonment imposed on the prisoner while in custody for the offence;

(c)the results of the prisoner’s application for a parole order;

(d)if the prisoner’s application for an ordinary parole order is refused—the period of time within which the prisoner can not reapply for an ordinary parole order without the parole board’s consent;

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

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

(g)for a restricted prisoner—

(i)the making of a restricted prisoner declaration for the prisoner and the day the declaration ends; or

(ii)a decision not to make a restricted prisoner declaration about the prisoner;

(h)for a no body-no parole prisoner—

(i)the making of a no cooperation declaration about the prisoner; or

(ii)the giving of a notice to the chief executive that the prisoner has given timely and satisfactory cooperation;

(i)the prisoner’s status as a restricted prisoner or a no body-no parole prisoner ends;

(j)the prisoner becomes subject to an order under the Dangerous Prisoners (Sexual Offenders) Act 2003 and the nature of the order, or ceases to be subject to an order under that Act;

(k)the prisoner is transferred interstate or overseas;

(l)the prisoner is transferred to the custody of an officer under the Migration Act 1958 (Cwlth).

(4)This section is subject to section 324AA.

(5)In this section—

no body-no parole prisoner see section 175C.

no cooperation declaration see section 175L.

ordinary parole order means a parole order other than an exceptional circumstances parole order.

restricted prisoner see section 175D.

restricted prisoner declaration see section 175B.

324B Right of registered victims to receive particular information about homicide offender

(1)This section applies if—

(a)there is a registered victim for a homicide offender; and

(b)the homicide offender is not a prisoner.

(2)The chief executive must give the registered victim the following information about the homicide offender as soon as practicable after becoming aware of the information—

(a)the nature of any of the following orders to which the homicide offender becomes subject—

(i)a community-based order;

(ii)a parole order;

(iii)an order under the Dangerous Prisoners (Sexual Offenders) Act 2003;

(b)the homicide offender ceases to be subject to an order mentioned in paragraph (a);

(c)the homicide offender is no longer resident in the State.

(3)If the homicide offender dies, the chief executive must inform the registered victim of the death immediately after the chief executive becomes aware of it.

(4)This section is subject to section 324AA.

325Giving registered victims other information

(1)The chief executive may give a registered victim for a prisoner or homicide offender any information about the prisoner or offender that the chief executive considers appropriate.

(2)Without limiting the information that may be given to a registered victim under subsection (1), the chief executive may give the registered victim any of the following information about the prisoner—

(a)the current location of the prisoner;

(b)the transfer of the prisoner between corrective services facilities;

(c)other matters relevant to the parole of the prisoner;

(d)details of a change of name of the prisoner registered under a law of the State about births, death and marriages;

(e)details of a reassignment or alteration of the sex of the prisoner noted or recorded in a register kept under a law of the State about births, deaths and marriages;

(f)details of rehabilitation activities engaged in by the prisoner;

(g)other exceptional events relating to the prisoner.

(3)Without limiting the information that may be given to a registered victim under subsection (1), the chief executive may give the registered victim any of the following information about the homicide offender who is not a prisoner—

(a)the current location of the offender;

(b)details of a change of name of the offender registered under a law of the State about births, deaths and marriages;

(c)details of a reassignment or alteration of the sex of the offender noted or recorded in a register kept under a law of the State about births, deaths and marriages;

(d)the deportation or removal status of the offender under the Migration Act 1958 (Cwlth);

(e)other exceptional events relating to the offender.

(4)This section is subject to section 324AA.

65Insertion of new s 340AB

After section 340AA—
insert—

340AB Restriction on disclosure of particular information for deciding parole application

(1)This section applies if—

(a)the parole board is deciding an application for a parole order; and

(b)the chief executive gives the parole board a report on, or information relating to, the application, accompanied by a notice mentioned in section 245(4).

(2)The parole board must not disclose the information to which the notice relates (the relevant information), other than under subsection (4).

(3)The parole board must keep the notice as part of the record of the decision on the application, regardless of whether, or the extent to which, the board’s consideration of the notice has influenced the decision.

(4)The relevant information may be disclosed only—

(a)to a court for the purpose of a proceeding relating to the decision, or a proposed decision, on the application; or

(b)with the approval of the chief executive.

(5)The court must ensure the contents of the record of the decision are not disclosed except to a member of the court as constituted for the purpose of the proceeding.

66Insertion of new ch 7A, pt 21

Chapter 7A—
insert—

Part 21 Transitional provisions for Protecting Queenslanders from Dangerous Prisoners and Strengthening Victims’ Rights Amendment Act 2026

Division 1 Preliminary

491 Definitions for part

In this part—

amendment Act means the Protecting Queenslanders from Dangerous Prisoners and Strengthening Victims’ Rights Amendment Act 2026.

former, in relation to a provision of this Act, means the provision as in force immediately before the commencement.

new, in relation to a provision of this Act, means the provision as in force from the commencement.

Division 2 No body-no parole prisoners

492Application of new ch 5 in relation to no body-no parole prisoners

(1)From the commencement, new section 175C applies as if a reference in the section to a homicide offence, in relation to a prisoner, included—

(a)a reference to a homicide offence for which the prisoner was sentenced before the commencement; and

(b)a reference to a homicide offence committed by the prisoner before the commencement, whether or not the prisoner was sentenced before the commencement.

(2)Subsection (3) applies if—

(a)before the commencement, the parole board had asked the commissioner for a commissioner’s report about a no body-no parole prisoner under former section 175M; and

(b)immediately before the commencement, the board had not decided whether to make a no cooperation declaration about the prisoner under former chapter 5, part 1AB, division 2.

(3)The parole board must make the decision under new chapter 5, parts 1AA and 1AC.

Division 3 Restricted prisoners and related provisions

493Application of new s 175D to particular prisoners

(1)This section provides for the application of new section 175D to a prisoner who has been sentenced to life imprisonment, other than a prisoner to whom former section 175D applied.

(2)From the commencement, new section 175D applies to the prisoner in relation to the sentence even if the sentence was imposed before the commencement.

(3)Subsection (4) applies if—

(a)before the commencement, the prisoner had been released on parole and, immediately before the commencement, the prisoner was still released on parole; or

(b)before the commencement, the parole board had granted the prisoner’s application for parole and, immediately before the commencement, the parole order was in force but had not started.

(4)Despite subsection (2), new section 175D does not apply to the prisoner in relation to the sentence unless the prisoner’s parole order is cancelled after the commencement.

494Application of new mandatory restricted prisoner declarations

(1)From the commencement, new chapter 5, part 1AB, division 2 applies in relation to a restricted prisoner for a sentence of life imprisonment even if—

(a)the sentence was imposed before the commencement; or

(b)before the commencement, the prisoner had reached the prisoner’s parole eligibility date that, other than for section 175DD, would have applied to the prisoner; or

(c)the prisoner had applied for parole before the commencement.

(2)Subsection (3) applies if—

(a)before the commencement, the restricted prisoner had been released on parole and, immediately before the commencement, the prisoner was still released on parole; or

(b)before the commencement, the parole board had granted the prisoner’s application for parole and, immediately before the commencement, the parole order was in force but had not started.

(3)Despite subsection (1), new chapter 5, part 1AB, division 2 does not apply in relation to the restricted prisoner for the sentence unless the prisoner’s parole order is cancelled after the commencement.

(4)This section applies subject to sections 495 and 496.

495Application to restricted prisoner subject to former restricted prisoner declaration

(1)This section applies if, at any time before the commencement, a former restricted prisoner declaration was in force for a restricted prisoner.

(2)New chapter 5, part 1AB, division 2 does not apply in relation to the restricted prisoner for the sentence of imprisonment to which the former restricted prisoner declaration related.

(3)Despite section 175DJ, new chapter 5, part 1AB, division 3 applies in relation to the restricted prisoner for the sentence of imprisonment to which the former restricted prisoner declaration related.

(4)If the former restricted prisoner declaration was in force immediately before the commencement, the declaration continues in force as a subsequent restricted prisoner declaration.

(5)In this section—

former restricted prisoner declaration means a restricted prisoner declaration under former section 175E.

496Application to restricted prisoner for whom former restricted prisoner declaration was declined

(1)This section applies if, before the commencement—

(a)the chief executive gave the president a former restricted prisoner report for a restricted prisoner in relation to a sentence of life imprisonment imposed on the prisoner; and

(b)the president decided not to make a former restricted prisoner declaration about the prisoner in relation to the sentence.

(2)New chapter 5, part 1AB, division 2 does not apply in relation to the restricted prisoner for the sentence of imprisonment to which the former restricted prisoner report related.

(3)Despite section 175DJ, new chapter 5, part 1AB, division 3 applies in relation to the restricted prisoner for the sentence of imprisonment to which the former restricted prisoner report related.

(4)In this section—

former restricted prisoner declaration means a restricted prisoner declaration under former section 175E.

former restricted prisoner report, for a restricted prisoner, means a report prepared by the chief executive about the prisoner under former section 175F.

Division 4 Exceptional circumstances parole orders

497 Application for exceptional circumstances parole order made but not decided before commencement

(1)This section applies to an application made to the parole board for an exceptional circumstances parole order, but not decided, before the commencement.

(2)The application must be decided by the parole board under the former Act as if the amendment Act had not been enacted.

(3)In this section—

former Act means this Act as in force immediately before the commencement.

Division 5 Paramount consideration for parole order applications

498New paramount consideration for parole order applications

(1)New section 193 applies to a parole order application made, but not decided, before the commencement.

(2)New section 196 applies to a parole order application made before the commencement if—

(a)an exclusion period is to be decided for the application; and

(b)the exclusion period was not decided before the commencement.

(3)In this section—

exclusion period see new section 196(2).

parole order application means a prisoner’s application for a parole order made under new section 193.

Division 6 Eligible persons and registered victims

499Notices given to eligible persons before commencement

(1)This section applies if—

(a)before the commencement, an eligible person was given a written notice under former section 188(2); and

(b)immediately before the commencement, the prisoner’s application for a parole order had not been decided.

(2)Former sections 188 to 190 continue to apply in relation to the prisoner’s application for a parole order as if the amendment Act had not been enacted.

500 Eligible persons register

(1)The eligible persons register in existence immediately before the commencement continues in existence as the victims register.

(2)To remove any doubt, it is declared that the replacement of section 320 by the amendment Act does not establish a new register.

(3)An application or referral under former section 320(4) that, immediately before the commencement, had not been decided is taken to be an application or request under new section 320(2).

(4)If immediately before the commencement a person was an eligible person, from the commencement the person is taken to be a registered victim.

501 Information must be given to registered victims

(1)This section applies if—

(a)information mentioned in new section 324A or 324B about a prisoner or homicide offender was within the knowledge of the chief executive before the commencement; and

(b)immediately before the commencement, the information had not been given to an eligible person registered against the prisoner or homicide offender.

(2)The chief executive is taken to have become aware of the information immediately after the commencement.

67Omission of ch 8 (Repeal)

Chapter 8—
omit.

68Amendment of sch 1 (Sexual offences)

(1)Schedule 1, entry for Crimes Act 1914 (Cwlth)—
omit.

(2)Schedule 1—
insert—

Crimes Act 1914 (Cwlth) provisions repealed by Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)

section 50BA (Sexual intercourse with child under 16)

section 50BB (Inducing child under 16 to engage in sexual intercourse)

section 50BC (Sexual conduct involving child under 16)

section 50BD (Inducing child under 16 to be involved in sexual conduct)

section 50DA (Benefiting from offence against this Part)

section 50DB (Encouraging offence against this Part)

(3)Schedule 1, entry for Criminal Code—
insert—

section 228I (Producing or supplying child abuse object)

section 228J (Possessing child abuse object)

(4)Schedule 1, entry for Criminal Code (Cwlth), entries for sections 270.6 and 270.7—
omit.

(5)Schedule 1, entry for Criminal Code (Cwlth)—
insert—

section 268.14 (Crime against humanity—rape)

section 268.15 (Crime against humanity—sexual slavery)

section 268.16 (Crime against humanity—enforced prostitution)

section 268.17 (Crime against humanity—forced pregnancy)

section 268.18 (Crime against humanity—enforced sterilisation)

section 268.19 (Crime against humanity—sexual violence)

section 268.47 (War crime—mutilation)

section 268.59 (War crime—rape)

section 268.60 (War crime—sexual slavery)

section 268.61 (War crime—enforced prostitution)

section 268.62 (War crime—forced pregnancy)

section 268.63 (War crime—enforced sterilisation)

section 268.64 (War crime—sexual violence)

section 268.71 (War crime—mutilation)

section 268.82 (War crime—rape)

section 268.83 (War crime—sexual slavery)

section 268.84 (War crime—enforced prostitution)

section 268.85 (War crime—forced pregnancy)

section 268.86 (War crime—enforced sterilisation)

section 268.87 (War crime—sexual violence)

section 268.92 (War crime—mutilation)

section 270.3 (Slavery offences)

section 270.5 (Servitude offences)

section 270.6A (Forced labour offences)

section 270.7 (Deceptive recruiting for labour or services)

section 271.2 (Offence of trafficking in persons)

section 271.3 (Trafficking in persons—aggravated offence)

section 271.4 (Offence of trafficking in children)

section 271.5 (Offence of domestic trafficking in persons)

section 271.6 (Domestic trafficking in persons—aggravated offence)

section 271.7 (Offence of domestic trafficking in children)

section 272.8 (Sexual intercourse with child outside Australia)

section 272.9 (Sexual activity (other than sexual intercourse) with child outside Australia)

section 272.10 (Aggravated offence—sexual intercourse or other sexual activity with child outside Australia)

section 272.11 (Persistent sexual abuse of child outside Australia)

section 272.12 (Sexual intercourse with young person outside Australia—defendant in position of trust or authority)

section 272.13 (Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority)

section 272.14 (Procuring child to engage in sexual activity outside Australia)

section 272.15 (“Grooming” child to engage in sexual activity outside Australia)

section 272.15A (“Grooming” person to make it easier to engage in sexual activity with a child outside Australia)

section 272.18 (Benefiting from offence against this Division)

section 272.19 (Encouraging offence against this Division)

section 272.20 (Preparing for or planning offence against this Division)

section 273.6 (Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia)

section 273.7 (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

section 273A.1 (Possession of child-like sex dolls etc.)

section 471.19 (Using a postal or similar service for child abuse material)

section 471.20 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service)

section 471.22 (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

section 471.24 (Using a postal or similar service to procure persons under 16)

section 471.25 (Using a postal or similar service to “groom” persons under 16)

section 471.25A (Using a postal or similar service to “groom” another person to make it easier to procure persons under 16)

section 471.26 (Using a postal or similar service to send indecent material to person under 16)

section 474.17A (Using a carriage service to transmit sexual material without consent)

section 474.17AA (Aggravated offences involving transmission of sexual material without consent)

section 474.22 (Using a carriage service for child abuse material)

section 474.22A (Possessing or controlling child abuse material obtained or accessed using a carriage service)

section 474.23 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service)

section 474.23A (Conduct for the purposes of electronic service used for child abuse material)

section 474.24A (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

section 474.25A (Using a carriage service for sexual activity with person under 16 years of age)

section 474.25B (Aggravated offence—using a carriage service for sexual activity with person under 16 years of age)

section 474.25C (Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with, or procure for sexual activity, persons under 16)

section 474.26 (Using a carriage service to procure persons under 16 years of age)

section 474.27 (Using a carriage service to “groom” persons under 16 years of age)

section 474.27AA (Using a carriage service to “groom” another person to make it easier to procure persons under 16 years of age)

section 474.27A (Using a carriage service to transmit indecent communication to person under 16 years of age)

(6)Schedule 1—
insert—

Criminal Code (Cwlth) provisions repealed by Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Cwlth)

section 270.6 (Sexual servitude offences)

section 270.7 (Deceptive recruiting for sexual services)

69Amendment of sch 4 (Dictionary)

(1)Schedule 4, definitions appointed board member, commencement, current declaration, eligible person, eligible persons register, parole period, permanent board member, previous, prisoner’s agent and relevant person (both occurrences)—
omit.

(2)Schedule 4—
insert—

appointed board members see section 221(5).

electronic scanning device—

(a)means a device capable of producing electronic imaging of mail for the detection of a thing included in a prisoner’s mail; but

(b)does not include a device capable of allowing anyone to read the written content of the prisoner’s mail.

mandatory restricted prisoner declaration, for chapter 5, see section 175DD(1).

permanent board members see section 221(6).

registered victim, for a prisoner or homicide offender, means a person included in the victims register as a registered victim for the prisoner or offender.

relevant person—

(a)for chapter 6, part 12A—see section 319A; and

(b)for chapter 6, part 13, division 2—see section 327.

subsequent restricted prisoner declaration, for chapter 5, see section 175E(2).

victims register see section 320(1).

(3)Schedule 4, definition prisoner, paragraph 2, fifth dot point, ‘5,’—
omit.

(4)Schedule 4, definition restricted prisoner declaration, ‘section 175E’—
omit, insert—

section 175B

(5)Schedule 4, definition restricted prisoner report, ‘section 175B’—
omit, insert—

section 175DB(1)(a)

70Act amended

This part amends the Victims’ Commissioner and Sexual Violence Review Board Act 2024.

71Amendment of sch 1 (Charter of victims’ rights)

(1)Schedule 1, part 2, heading, ‘eligible persons’—
omit, insert—

registered victims

(2)Schedule 1, part 2, items 1 and 2, ‘An eligible person’—
omit, insert—

A registered victim

72Amendment of sch 2 (Dictionary)

(1)Schedule 2, definition eligible person—
omit.

(2)Schedule 2—
insert—

registered victim, in relation to another person, for schedule 1, means—

(a)if the other person is a prisoner under the Corrective Services Act 2006—a registered victim in relation to the prisoner within the meaning of that Act; or

(b)if the other person is a child detained in a detention centre under the Youth Justice Act 1992—a registered victim in relation to the child within the meaning of that Act.

73Act amended

This part amends the Youth Justice Act 1992.

Note—

See also the amendments in schedule 1.

74Amendment of s 136 (Application of Corrective Services Act 2006)

(1)Section 136(2)(c)(ii)—
omit, insert—

(ii)for a fixed period of detention—the day the offender would otherwise have been released under section 227, for the period of detention, is the day the offender is to be released on parole.

(2)Section 136—
insert—

(4)To remove any doubt, it is declared that if the offender is sentenced to detention for life, the Corrective Services Act 2006, chapter 5, part 1 applies for deciding the offender's parole eligibility date under that Act.

75Insertion of new s 226AA

Before section 226A—
insert—

226AA Application of sdiv 3

This subdivision applies to a child who is sentenced to a fixed period of detention.

76Amendment of s 233 (Application of parole provisions)

Section 233—
insert—

Note—

For the application of the Corrective Services Act 2006 to a person required to be detained in a corrective services facility under part 8, division 2A, see section 276E(2).

77Amendment of s 276A (Persons who turn 18 years before delivery into custody of chief executive)

(1)Section 276A(5)(c)(iii), before ‘the day’—
insert—

for a fixed period of detention—

(2)Section 276A(5)(c)—
insert—

(iv)for detention for life—the person’s parole eligibility date under the Corrective Services Act 2006.

78Amendment of s 276B (Persons who turn 18 years before period of detention begins)

Section 276B(3)(c)—
omit, insert—

(c)if the person is liable to serve a fixed period of detention—the day on which the person is required to be released from detention under section 227;

(d)if the person is liable to serve detention for life—the person’s parole eligibility date under the Corrective Services Act 2006.

79Amendment of s 276C (Persons who turn 18 years while held on remand or serving period of detention)

(1)Section 276C(4)(c)(ii), before ‘the day’—
insert—

for a fixed period of detention—

(2)Section 276C(4)(c)—
insert—

(iii)for detention for life—the person’s parole eligibility date under the Corrective Services Act 2006.

(3)Section 276C(5)(c)(ii), before ‘the day’—
insert—

for a fixed period of detention—

(4)Section 276C(5)(c)—
insert—

(iii)for detention for life—the person’s parole eligibility date under the Corrective Services Act 2006.

80Amendment of s 276E (Application of Corrective Services Act 2006)

(1)Section 276E(1)(a), ‘section 276A(5)(a)’—
omit, insert—

section 276A

(2)Section 276E(2)(c)(ii)—
omit, insert—

(ii)for a fixed period of detention—the day the person would otherwise have been released under section 227, for the period of detention, is the day the person is to be released on parole.

(3)Section 276E—
insert—

(4)To remove any doubt, it is declared that if the person is sentenced to detention for life, the Corrective Services Act 2006, chapter 5, part 1 applies for deciding the person's parole eligibility date under that Act.

81Insertion of new s 282AA

Before section 282A—
insert—

282AA Definitions for division

In this division—

sexual offence see the Corrective Services Act 2006, schedule 4.

violent offence means an offence in which a victim suffers actual or threatened violence.

82Amendment of s 282A (Eligible persons register)

(1)Section 282A, heading—
omit, insert—

282A Victims register

(2)Section 282A(1), ‘for a violent offence or a sexual offence’—
omit, insert—

for any of the following offences—

(a)a violent offence;

(b)a sexual offence;

(c)an offence against the Bail Act 1980, if the offence relates to a violent offence or a sexual offence committed by the child.

(3)Section 282A(2)(a) and (b), ‘the offence’—
omit, insert—

a violent offence or sexual offence mentioned in subsection (1)(a), (b) or (c)

(4)Section 282A(3), ‘(9)’—
omit, insert—

(8)

(5)Section 282A, ‘an eligible person’—
omit, insert—

a registered victim

(6)Section 282A(9)—
omit.

(7)Section 282A(10), definitions sexual offence and violent offence—
omit.

(8)Section 282A(10)—
renumber as section 282A(9).

83Amendment of s 282BA (Applying for registration as an eligible person)

(1)Section 282BA, ‘an eligible person’—
omit, insert—

a registered victim

(2)Section 282BA(1)(c)(ii), ‘offence.’—
omit, insert—

violent offence or sexual offence committed by the child.

(3)Section 282BA(4)—
omit.

84Amendment of s 282E (Removing details from eligible persons register etc.)

(1)Section 282E, heading, ‘eligible persons register’—
omit, insert—

victims register

(2)Section 282E(1), from ‘an’ to ‘register’—
omit, insert—

a registered victim’s details from the victims register

(3)Section 282E(1)(c), ‘eligible person’—
omit, insert—

registered victim

(4)Section 282E(2), ‘an eligible person’s’—
omit, insert—

a registered victim’s

(5)Section 282E(2)(b), ‘eligible person’—
omit, insert—

registered victim

(6)Section 282E(3)—
omit, insert—

(3)The chief executive may also remove a registered victim’s details from the register if the chief executive is unable, after making reasonable efforts, to contact the registered victim.

(7)Section 282E(4), ‘an eligible person’—
omit, insert—

a registered victim

(8)Section 282E(4)(b), ‘eligible person’—
omit, insert—

registered victim

(9)Section 282E(5)—
omit, insert—

(5)In this section—

details, of a registered victim, includes details of a nominee under section 282A(3A) or 282BA(3) for the registered victim.

85Insertion of new pt 11, div 32

Part 11—
insert—

Division 32 Transitional provisions for Protecting Queenslanders from Dangerous Prisoners and Strengthening Victims’ Rights Amendment Act 2026

455Definition for division

In this division—

amendment Act means the Protecting Queenslanders from Dangerous Prisoners and Strengthening Victims’ Rights Amendment Act 2026.

456Eligible persons and register

(1)The eligible persons register in existence immediately before the commencement continues in existence as the victims register.

(2)To remove any doubt, it is declared that the amendment of section 282A by the amendment Act does not establish a new register.

(3)If, immediately before the commencement, a person was an eligible person, from the commencement the person is taken to be a registered victim.

457Existing applications for registration as an eligible person

(1)This section applies if—

(a)before the commencement, an application for registration was made under former section 282A or 282BA; and

(b)immediately before the commencement, the application had not been decided.

(2)From the commencement, former section 282A or 282BA continues to apply in relation to the application as if the amendment Act had not been enacted.

(3)In this section—

former section 282A or 282BA means section 282A or 282BA as in force immediately before the commencement.

86Amendment of sch 4 (Dictionary)

(1)Schedule 4, definitions eligible person, eligible persons register and exceptional circumstances parole order—
omit.

(2)Schedule 4—
insert—

fixed period of detention means a period of detention under a detention order other than detention for life.

registered victim, in relation to a child detained in a detention centre, means a person included in the victims register as a registered victim in relation to the child.

sexual offence, for part 8, division 7, see section 282AA.

victims register means the register kept under section 282A(1).

violent offence, for part 8, division 7, see section 282AA.

87Legislation amended

Schedule 1 amends the legislation it mentions.

section 87

1Section 175K, heading, ‘division’—

omit, insert—

part

2Section 175K, ‘This division’—

omit, insert—

This part

3Sections 175K(b), 175L, 175P, 175Q and 234(1)(b), ‘satisfactory’—

omit, insert—

timely and satisfactory

4Section 175L, heading ‘Parole board may’—

omit, insert—

When parole board must

5Section 175L, ‘division’—

omit, insert—

part

6Section 175L, note, ‘180(2)(d)’—

omit, insert—

180(2)(e)

7Section 175L, note, after ‘193A(2)’—

insert—

or (5)

8Section 175R(4)(b), ‘satisfactorily’—

omit, insert—

in a timely and satisfactory way

9Section 319ZE(1), after ‘with’—

insert—

section

10Sections 322(1) and 323(1), ‘eligible persons register against’—

omit, insert—

victims register for

11Sections 322(2) and 323(2), ‘entitled’—

omit, insert—

eligible

12Sections 322(2) and 323(2), ‘an eligible person against’—

omit, insert—

a registered victim for

13Section 323, heading, ‘against’—

omit, insert—

for

14Section 323(2)(b), ‘against’—

omit, insert—

as a registered victim for

1Part 7, division 10, subdivision 3, heading, ‘after’—

omit, insert—

for

2Part 8, division 7, heading, ‘eligible persons’—

omit, insert—

registered victims

3Sections 282B, 282C and 282F(1), ‘an eligible person’—

omit, insert—

a registered victim

4Section 282D(2), from ‘an eligible person’—

omit, insert—

a registered victim because of the application of section 282A(5) to (8).

5Section 282F(2), ‘eligible person’—

omit, insert—

registered victim

© State of Queensland 2026