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This is a Bill, not an Act. For current law, see the Acts databases.


DANGEROUS PRISONERS (SEXUAL OFFENDERS) AMENDMENT BILL 2007

          Queensland



Dangerous Prisoners (Sexual
Offenders) Amendment
Bill 2007

 


 

 

Queensland Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 16 (Conditions for supervised release) . . . . . . . 4 4 Amendment of s 20 (Summons or warrant for released prisoner suspected of contravening a supervision order or interim supervision order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Replacement of s 21 (Contravention of supervision order or interim supervision order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 21 Interim order concerning custody generally . . . . . . . . 6 6 Amendment of s 22 (Court may make further order) . . . . . . . . . . 6 7 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 22A Appearance by Attorney-General . . . . . . . . . . . . . . . . 8 8 Amendment of s 25 (Duty to disclose) . . . . . . . . . . . . . . . . . . . . . 8 9 Insertion of new s 43B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 43B Offence of contravening supervision order or interim supervision order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 45 (Other hearings) . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 49 (Appearance at hearings). . . . . . . . . . . . . . . 9 12 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 7 Transitional provisions for Dangerous Prisoners (Sexual Offenders) Amendment Act 2007 57 Application of amended Act to previous orders . . . . . 10 58 Transitional statements for particular provisions. . . . . 10 13 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 11

 


 

 

2007 A Bill for An Act to amend the Dangerous Prisoners (Sexual Offenders) Act 2003

 


 

s1 4 s4 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Dangerous Prisoners (Sexual 3 Offenders) Amendment Act 2007. 4 Clause 2 Act amended 5 This Act amends the Dangerous Prisoners (Sexual Offenders) 6 Act 2003. 7 Clause 3 Amendment of s 16 (Conditions for supervised release) 8 Section 16(1)-- 9 insert-- 10 `(da) comply with every reasonable direction of a corrective 11 services officer; and'. 12 Clause 4 Amendment of s 20 (Summons or warrant for released 13 prisoner suspected of contravening a supervision order 14 or interim supervision order) 15 (1) Section 20, heading, `Summons or warrant'-- 16 omit, insert-- 17 `Warrant'. 18 (2) Section 20(2), from `apply for' to `a warrant'-- 19 omit, insert-- 20 `apply for a warrant'. 21 (3) Section 20(3), `summons or'-- 22 omit. 23 (4) Section 20(4) and (5)-- 24 omit, insert-- 25

 


 

s5 5 s5 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 `(4) However, the warrant may be issued only if the complaint is 1 under oath.'. 2 (5) Section 20(6), `summons or'-- 3 omit. 4 (6) Section 20(8)-- 5 renumber as section 20(9). 6 (7) Section 20(7)-- 7 omit, insert-- 8 `(7) If the magistrate issues a warrant under subsection (3), the 9 commissioner of the police service or the chief executive must 10 give a copy of the warrant to the Attorney-General within 24 11 hours after the warrant is issued. 12 `(8) The Police Powers and Responsibilities Act 2000, sections 13 800 to 802, apply to the application for the warrant-- 14 (a) as if the warrant were a prescribed authority, within the 15 meaning of section 800 of that Act, that could be 16 obtained under that Act; and 17 (b) if the application is made by a corrective services 18 officer, as if the corrective services officer were a police 19 officer. 20 Note-- 21 The Police Powers and Responsibilities Act 2000, sections 800 to 802 22 provide for obtaining prescribed authorities by phone, fax, radio, email 23 or another similar facility.'. 24 (8) Section 20(9), as renumbered, from `affect'-- 25 omit, insert-- 26 `affect the court's ability to make a further order under section 27 22.'. 28 Clause 5 Replacement of s 21 (Contravention of supervision order 29 or interim supervision order) 30 Section 21-- 31 omit, insert-- 32

 


 

s6 6 s6 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 `21 Interim order concerning custody generally 1 `(1) This section applies if a released prisoner is brought before 2 the court under a warrant issued under section 20. 3 `(2) The court must-- 4 (a) order that the released prisoner be detained in custody 5 until the final decision of the court under section 22; or 6 (b) release the prisoner under subsection (4). 7 `(3) The released prisoner may, when the issue of his or her 8 custody is raised under subsection (2), or at any time after the 9 court makes an order under that subsection detaining the 10 prisoner, apply to the court to be released pending the final 11 decision. 12 `(4) The court may order the release of the released prisoner only 13 if the prisoner satisfies the court, on the balance of 14 probabilities, that his or her detention in custody pending the 15 final decision is not justified because exceptional 16 circumstances exist. 17 `(5) If the court adjourns an application under subsection (3), the 18 court must order that the released prisoner remain in custody 19 pending the decision on the application. 20 `(6) If the court orders the released prisoner's release, the court 21 must order that the prisoner be released subject to the existing 22 supervision order or existing interim supervision order (each 23 the existing order) or subject to the existing order as amended 24 by the order of the court.'. 25 Clause 6 Amendment of s 22 (Court may make further order) 26 (1) Section 22(1), after `may'-- 27 insert-- 28 `, subject to subsection (2)'. 29 (2) Section 22(1)(b), from `and the court' to `section 13(1)'-- 30 omit. 31 (3) Section 22(2) to (4)-- 32 omit, insert-- 33

 


 

s6 7 s6 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 `(2) Unless the released prisoner satisfies the court, on the balance 1 of probabilities, that the adequate protection of the 2 community can, despite the contravention or likely 3 contravention of the order, be ensured by the order or the 4 order as amended under subsection (1)(a), the court must-- 5 (a) if the order is a supervision order--under subsection 6 (1)(b), rescind the order and make a continuing 7 detention order; or 8 (b) if the order is an interim supervision order--under 9 subsection (1)(c), rescind the order and make an order 10 that the released prisoner be detained in custody for the 11 period stated in the order. 12 `(3) For the purpose of deciding whether to make a continuing 13 detention order as mentioned in subsection (2)(a), the court 14 may do any or all of the following-- 15 (a) act on any evidence before it or that was before the court 16 when the supervision order was made; 17 (b) make any order necessary to enable evidence of a kind 18 mentioned in section 13(4) to be brought before it, 19 including an order in the nature of a risk assessment 20 order. 21 `(4) To remove any doubt, it is declared that the court need not 22 make an order in the nature of a risk assessment order if the 23 court is satisfied that the evidence otherwise available under 24 subsection (3) is sufficient to make a decision under 25 subsection (2)(a). 26 `(5) If the court makes an order in the nature of a risk assessment 27 order, the psychiatrist or each psychiatrist examining the 28 released prisoner must prepare a report about the released 29 prisoner and, for that purpose, section 11 applies. 30 `(6) For applying section 11 to the preparation of the report-- 31 (a) section 11(2) applies with the necessary changes; and 32 (b) section 11(3) only applies to the extent that a report or 33 information mentioned in the subsection has not 34 previously been given to the psychiatrist.'. 35

 


 

s7 8 s9 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 Clause 7 Insertion of new s 22A 1 Part 2, division 5-- 2 insert-- 3 `22A Appearance by Attorney-General 4 `The Attorney-General has a right of appearance before the 5 court hearing a matter under section 21 or 22 and may do any 6 or all of the following-- 7 (a) make submissions; 8 (b) call evidence; 9 (c) test the evidence before the court.'. 10 Clause 8 Amendment of s 25 (Duty to disclose) 11 (1) Section 25(1), after `order'-- 12 insert-- 13 `and for the hearing of a matter under section 22'. 14 (2) Section 25(3), from `things'-- 15 omit, insert-- 16 `things-- 17 (a) for an application for a division 3 order--at least 7 days 18 before the application is heard; or 19 (b) for the hearing of a matter under section 22--as soon as 20 practicable after-- 21 (i) the Attorney-General is given a copy of the warrant 22 issued under section 20 for the prisoner to whom 23 the matter relates; and 24 (ii) the warrant is executed.'. 25 Clause 9 Insertion of new s 43B 26 After section 43A-- 27 insert-- 28

 


 

s 10 9 s 12 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 `43B Offence of contravening supervision order or interim 1 supervision order 2 `(1) A person subject to a supervision order or interim supervision 3 order who, without reasonable excuse, contravenes a 4 condition of the order commits an offence. 5 Maximum penalty--2 years imprisonment. 6 `(2) A proceeding for an offence against subsection (1) is to be 7 taken in a summary way under the Justices Act 1886.'. 8 Clause 10 Amendment of s 45 (Other hearings) 9 (1) Section 45(1), `applications'-- 10 omit, insert-- 11 `matters'. 12 (2) Section 45(1)(c), `an application'-- 13 omit, insert-- 14 `a proceeding'. 15 (3) Section 45(2), `an application'-- 16 omit, insert-- 17 `the matter'. 18 Clause 11 Amendment of s 49 (Appearance at hearings) 19 Section 49(1), from `section 13'-- 20 omit, insert-- 21 `section 13, 18, 22, 27 or 28.'. 22 Clause 12 Insertion of new pt 7 23 After section 56-- 24 insert-- 25

 


 

s 12 10 s 12 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 `Part 7 Transitional provisions for 1 Dangerous Prisoners (Sexual 2 Offenders) Amendment Act 3 2007 4 `57 Application of amended Act to previous orders 5 `(1) Subject to this section, this Act as amended applies in relation 6 to any previous order. 7 `(2) This Act as amended applies to any contravention of a 8 previous order that happens after the commencement. 9 `(3) This Act as in force immediately before the amendment 10 applies, or continues to apply, in relation to any contravention 11 of a previous order that happened before the commencement. 12 `(4) In this section-- 13 amended means amended by the Dangerous Prisoners 14 (Sexual Offenders) Amendment Act 2007. 15 amendment means the amendment of this Act by the 16 Dangerous Prisoners (Sexual Offenders) Amendment Act 17 2007. 18 commencement means the commencement of this section. 19 previous order means a supervision order or an interim 20 supervision order made before the commencement. 21 `58 Transitional statements for particular provisions 22 `(1) Section 16(1)(da) does not apply to a supervision order or 23 interim supervision order that is in force at the 24 commencement (the existing order), unless the court amends 25 the conditions of the existing order to include the requirement 26 stated in the paragraph. 27 `(2) Section 43B is not effective to impose criminal liability 28 retrospectively. 29 `(3) In this section-- 30 commencement means the commencement of this section.'. 31

 


 

s 13 11 s 13 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 Clause 13 Amendment of schedule (Dictionary) 1 Schedule, definition, interim detention order, `22(1)(c) or 2 (3)(c)'-- 3 omit, insert-- 4 `21(2)(a), 22(1)(c) or (2)(b)'. 5 State of Queensland 2007

 


 

AMENDMENTS TO BILL

1 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 Amendments agreed to during Consideration 1 After clause 2-- At page 4, after line 7-- insert-- `2A Insertion of new s 9AA `After section 9-- insert-- `9AA Victim's submission relating to division 3 order `(1) As soon as practicable after the court sets a date for the hearing of an application for a division 3 order, the Attorney-General must give written notice of the application and hearing date to the following eligible person-- (a) subject to paragraph (b), the actual victim of the serious sexual offence for which the prisoner is serving a term or period of imprisonment; (b) if the victim is under 18 years or has a legal incapacity, the victim's parent or guardian. `(2) The notice must invite the eligible person to give to the Attorney-General, before the date stated in the notice, a written submission stating-- (a) the person's views about any division 3 order or conditions of release to which the prisoner should be subject; and (b) any other matters prescribed under a regulation. `(3) It is sufficient compliance with subsection (1) for the Attorney-General to give the notice to the eligible person at the eligible person's last-known address recorded in the eligible persons register.

 


 

2 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 `(4) The Attorney-General must place before the court for the hearing of the division 3 order any submission received from the eligible person before the hearing date. `(5) For the purposes of this section, the chief executive (corrective services) is authorised, if requested by the Attorney-General, to give to the Attorney-General details of the eligible person's identity and contact details recorded in the eligible persons register.'.'. 2 After clause 2-- At page 4, after line 7-- insert-- `2B Amendment of s 10 (Discontinuing application for division 3 order) `Section 10-- insert-- `(4) If the Attorney-General received a submission from an eligible person in response to a notice given to the person under section 9AA, the Attorney-General must give the person written notice of the discontinuance of the application.'.'. 3 After clause 2-- At page 4, after line 7-- insert-- `2C Amendment of s 13 (Division 3 orders) `Section 13(5)(b), `conditions'-- omit, insert-- `requirements'.'. 4 Clause 3 (Amendment of s 16 (Conditions for supervised release)) At page 4, lines 9 to 12--

 


 

3 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 omit, insert-- `(1) Section 16, heading, `Conditions'-- omit, insert-- `Requirements'. `(2) Section 16(1)-- insert-- `(da) comply with a curfew direction or monitoring direction; and (db) comply with every reasonable direction of a corrective services officer; and'. `(3) Section 16(2), `order', second mention-- omit, insert-- `requirement'. `(4) Section 16(2)(a), examples, `an order'-- omit, insert-- `a requirement'.'. 5 After clause 3-- At page 4, after line 12-- insert-- `3A Insertion of new s 16A `Part 2, division 3B-- insert-- `16A Curfew and monitoring directions `(1) The purpose of this section is to enable the movements of a released prisoner to be restricted and to enable the location of the released prisoner to be monitored. `(2) A corrective services officer may give 1 or both of the following directions to the released prisoner-- (a) a direction to remain at a stated place for stated periods (curfew direction);

 


 

4 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 Example-- a direction to remain at the released prisoner's place of residence from 2.30p.m. to 7.00p.m. on school days, if the prisoner is not required to be at a place of employment during these hours (b) a direction to do 1 or both of the following (monitoring direction)-- (i) wear a stated device; (ii) permit the installation of any device or equipment at the place where the released prisoner resides. `(3) A corrective services officer may give any reasonable directions to a released prisoner that are necessary for the proper administration of a curfew direction or monitoring direction. `(4) This section and section 16(1)(da) do not limit section 16(1)(db).'.'. 6 After clause 3-- At page 4, after line 12, after clause 3A as previously inserted-- insert-- `3B Amendment of s 19 (Amendment of conditions of supervision order or interim supervision order) `(1) Section 19, `conditions'-- omit, insert-- `requirements'. `(2) Section 19-- insert-- `(3) If the court amends the requirements on an application made by the chief executive, the court must also amend the supervision order or interim supervision order to include the requirements mentioned in section 16(1)(da) and (db), if the order does not already include the requirements. `(4) To the extent the supervision order or interim supervision order includes a requirement mentioned in section 16(1), the

 


 

5 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 order can not be amended under this section in relation to the requirement.'.'. 7 After clause 3-- At page 4, after line 12, after clause 3B as previously inserted-- insert-- `3C Insertion of new s 19A `Part 2, division 4-- insert-- `19A Removal or reinstatement of requirement to comply with curfew direction or monitoring direction `(1) This section applies to a requirement of a supervision order or interim supervision order that a released prisoner comply with a curfew direction or monitoring direction. `(2) The court may, on application by the released prisoner, remove the requirement if the released prisoner satisfies the court on the balance of probabilities that the adequate protection of the community can be ensured without the requirement. `(3) An application under subsection (2) may only be made-- (a) for the first time, after 2 years from the date the requirement was included in the order; or (b) if paragraph (a) does not apply, after 1 year from the date an application by the released prisoner under this section was last decided. `(4) At the hearing of the application, the chief executive may place before the court evidence of the released prisoner's compliance, or noncompliance, with the order. `(5) The court must have regard to the evidence placed before it under subsection (4) in considering whether the adequate protection of the community can be ensured without the requirement. `(6) The court may, on application made at any time by the chief executive with the Attorney-General's consent, reinstate a

 


 

6 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 requirement of a supervision order or interim supervision order removed under this section.'.'. 8 Clause 4 (Amendment of s 20 (Summons or warrant for released prisoner suspected of contravening a supervision order or interim supervision order)) At page 4, after line 18-- insert-- `(1A) Section 20(1), `condition'-- omit, insert-- `requirement'.'. 9 Clause 5 (Replacement of s 21 (Contravention of supervision order or interim supervision order)) At page 6, lines 24 and 25-- omit, insert-- `the existing order) as amended under subsection (7). `(7) For subsection (6), the court-- (a) must amend the existing order to include the requirements mentioned in section 16(1)(da) and (db), if the existing order does not already include the requirements; and (b) may amend the existing order to include any other requirements the court considers appropriate to ensure adequate protection of the community.'. 10 After clause 5-- At page 6, after line 25-- insert-- `5A Insertion of new s 21A `After section 21-- insert--

 


 

7 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 `21A Victim's submission relating to further order `(1) As soon as practicable after the court sets a date for the hearing for making its final decision under section 22 in relation to the prisoner, the Attorney-General must give written notice of the issue of the warrant and hearing date to the following eligible person-- (a) subject to paragraph (b), the person mentioned in section 9AA(1)(a) as the actual victim of the serious sexual offence for which the prisoner was serving a term or period of imprisonment; (b) if the victim is under 18 years or has a legal incapacity, the victim's parent or guardian. `(2) The notice must invite the eligible person to give to the Attorney-General, before the date stated in the notice, a written submission stating-- (a) the person's views about any further order or conditions of release to which the prisoner should be subject; and (b) any other matters prescribed under a regulation. `(3) It is sufficient compliance with subsection (1) for the Attorney-General to give the notice to the eligible person at the eligible person's last-known address recorded in the eligible persons register. `(4) The Attorney-General must place before the court for the hearing of the division 3 order any submission received from the eligible person before the hearing date. `(5) For the purposes of this section, the chief executive (corrective services) is authorised, if requested by the Attorney-General, to give to the Attorney-General details of the eligible person's identity and contact details recorded in the eligible persons register.'.'. 11 Clause 6 (Amendment of s 22 (Court may make further order)) At page 6, lines 26 to 33 and page 7, lines 1 to 35-- omit, insert--

 


 

8 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 `6 Replacement of s 22 (Court may make further order) `Section 22-- omit, insert-- `22 Court may make further order `(1) The following subsections apply if the court is satisfied, on the balance of probabilities, that the released prisoner is likely to contravene, is contravening, or has contravened, a requirement of the supervision order or interim supervision order (each the existing order). `(2) Unless the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by the existing order as amended under subsection (7), the court must-- (a) if the existing order is a supervision order, rescind it and make a continuing detention order; or (b) if the existing order is an interim supervision order, rescind it and make an order that the released prisoner be detained in custody for the period stated in the order. `(3) For the purpose of deciding whether to make a continuing detention order as mentioned in subsection (2)(a), the court may do any or all of the following-- (a) act on any evidence before it or that was before the court when the existing order was made; (b) make any order necessary to enable evidence of a kind mentioned in section 13(4) to be brought before it, including an order in the nature of a risk assessment order. `(4) To remove any doubt, it is declared that the court need not make an order in the nature of a risk assessment order if the court is satisfied that the evidence otherwise available under subsection (3) is sufficient to make a decision under subsection (2)(a). `(5) If the court makes an order in the nature of a risk assessment order, the psychiatrist or each psychiatrist examining the

 


 

9 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 released prisoner must prepare a report about the released prisoner and, for that purpose, section 11 applies. `(6) For applying section 11 to the preparation of the report-- (a) section 11(2) applies with the necessary changes; and (b) section 11(3) only applies to the extent that a report or information mentioned in the subsection has not previously been given to the psychiatrist. `(7) If the released prisoner satisfies the court, on the balance of probabilities, that the adequate protection of the community can, despite the contravention or likely contravention of the existing order, be ensured by a supervision order or interim supervision order, the court-- (a) must amend the existing order to include the requirements mentioned in section 16(1)(da) and (db), if the existing order does not already include the requirements; and (b) may otherwise amend the existing order in a way the court considers appropriate-- (i) to ensure adequate protection of the community; or (ii) for the prisoner's rehabilitation or care or treatment. `(8) The existing order may not be amended under subsection (7)(b) so as to remove any requirements mentioned in section 16(1).'.'. 12 After clause 8-- At page 8, after line 25-- insert-- `8A Amendment of s 30 (Review hearing) `Section 30-- insert-- `(4A) If the court makes the order under subsection (3)(b), the supervision order must include the requirements mentioned in section 16(1)(da) and (db).'.'.

 


 

10 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 13 After clause 8-- At page 8, after line 25, after clause 8A as previously inserted-- insert-- `8B Amendment of s 31 (Appeals) `Section 31, after `a decision'-- insert-- `of the court'.'. 14 Clause 9 (Insertion of new s 43B)-- At page 9, line 5, `condition'-- omit, insert-- `requirement'. 15 Clause 12 (Insertion of new pt 7) At page 10, lines 23 to 27-- omit, insert-- `(1) Section 16(1)(da) and (db) do not apply to a supervision order or interim supervision order that is in force at the commencement (the existing order), unless the court amends the requirements of the existing order to include the requirements stated in the paragraphs. `(1A) Without limiting the Acts Interpretation Act 1954, section 20, the repeal and re-enactment of section 22 does not affect any order made under section 22 before its repeal.'. 16 Clause 13 (Amendment of schedule (Dictionary)) At page 11, after line 1-- insert-- `(1) Schedule-- insert--

 


 

11 Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 `curfew direction see section 16A(2)(a). eligible person means a person registered as an eligible person in relation to the prisoner on the eligible persons register. eligible persons register means the eligible persons register kept under the Corrective Services Act 2006. monitoring direction see section 16A(2)(b). requirement, of an order, includes-- (a) a condition, including a condition of an order made before the commencement of the Dangerous Prisoners (Sexual Offenders) Amendment Act 2007; and (b) a provision of an order made before the commencement of that Act under section 16(2) or 22(1) as in force at any time before the commencement of that Act. `(2)'. 17 Clause 13 (Amendment of schedule (Dictionary)) At page 11, line 5-- omit, insert-- `21(2)(a) or 22(2)(b)'.

 


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