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1
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
Dangerous Prisoners (Sexual Offenders)
Amendment Bill 2007
Explanatory notes for Amendments to be
moved during consideration in detail by the
Honourable Kerry Shine, Attorney-general and
Minister for Justice and Minister Assisting the
Premier in Western Queensland
Title of the Bill
Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007
Objectives of the Amendments
The amendments are to be moved during consideration in detail of the
Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007 introduced
into the Legislative Assembly on 17 April 2007.
The amendments will ensure that all prisoners released under the
Dangerous Prisoners (Sexual Offenders) Act 2003 are subject to electronic
monitoring and curfew requirements where Corrective Services deem it
necessary.
Achievement of the Objectives
The amendments will make it mandatory for every prisoner released on a
supervision order by the Supreme Court to be subject to electronic
monitoring and a curfew if directed by a corrective services officer.
Section 16(1) of the Dangerous Prisoner (Sexual Offenders) Act 2003 is
amended to insert, as a mandatory requirement of a supervision order, that
a released prisoner must comply with a curfew and monitoring direction.
Further, new section 16A is inserted into the Act to provide that a
corrective services officer may give a curfew and monitoring direction to a
released prisoner.
When a released prisoner is brought before the Supreme Court for having
contravened a requirement of the supervision order, the Supreme Court
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Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
may, in exceptional circumstances, release the prisoner to an interim
supervision order pending finalisation of contravention proceedings. If the
Court decides to release the prisoner, the amendments will ensure that an
electronic monitoring requirement will be imposed upon release until the
finalisation of the proceedings.
When the Supreme Court determines that a released prisoner is likely to
contravene, is contravening, or has contravened the supervision order it can
order continued detention or that the prisoner remain on a continuing
supervision order. Where it is determined that the released prisoner will
remain on a supervision order, a new supervision order will be issued
including an electronic monitoring requirement. This will occur even if the
Court determines to not otherwise amend the supervision order.
When the chief executive of Corrective Services successfully applies to the
Supreme Court for an amendment of a supervision order, any amended
order will include electronic monitoring and curfew requirements in
addition to other requirements imposed by the court.
Estimated Cost for Government Implementation
The costs of operating electronic monitoring will continue to be met from
funding allocated to Queensland Corrective Services.
Consistency with Fundamental Legislative Principles
There may be an argument that the imposition of a mandatory electronic
monitoring requirement on every supervision order may not have sufficient
regard to the rights and liberties of individuals as required by the
Legislative Standards Act 1992.
Prisoners released on supervision orders under the Dangerous Prisoners
(Sexual Offenders) Act 2003 are prisoners the Court has determined pose a
serious danger to the community if they are not subject to appropriate levels
of supervision. The community expects that sex offenders released under
the Dangerous Prisoner's legislation will be subject to stringent and intense
supervision and surveillance in the community.
The ability of the Government to apply stringent controls and limitations
on released prisoners is vital. Electronic monitoring with associated
curfews allows Corrective Services to impose movement restrictions on
these offenders and to effectively monitor compliance with such
restrictions. This provides an additional layer of control over those
offenders who pose the highest risk to community safety.
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Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
The ability for Corrective Services to determine the need for electronic
monitoring ensures that this surveillance tool is utilised in response to an
offender's increasing or diminishing risk.
Corrective Services plays a specialist role in relation to offender
assessment and identification of criminogenic risks and needs. This means
that decisions regarding whether curfew and electronic monitoring
requirements should continue, be amended or removed, are informed by
the ongoing monitoring and assessment by officers who work directly with
the offenders.
The amendments only provide for the imposition of electronic monitoring
after the Supreme Court has determined to exercise its discretion and make
an order under the Dangerous Prisoners (Sexual Offenders) Act 2003.
Consultation
The Department of the Premier and Cabinet and Queensland Corrective
Services have been consulted on the policy objectives and on the drafting
of the provisions.
Notes On Provisions
Amendment 1 inserts clause 2A into the Bill which amends section 13 of
the Act to substitute the term `requirements' for `conditions'. This
amendment rectifies the current inconsistency in the Act where the two
terms are used interchangeably. The amendments will ensure a consistent
use of terminology throughout the Act.
Amendment 2 amends clause 3 of the Bill which amends section 16(1) of
the Act. Section 16(1) provides a number of mandatory requirements of a
supervision or interim supervision order. Amendment 2 inserts, as a
mandatory requirement of a supervision order, that a released prisoner must
comply with a curfew and monitoring direction. Amendment 2 also
amends section 16 to substitute the term `requirements' for `conditions'.
Amendment 3 inserts clause 3A into the Bill which inserts new section 16A
into the Act. New section 16A clarifies the authority of corrective services
officers to issue directions to released offenders in relation to enforcing a
curfew and subjecting the offender to electronic monitoring. The provision
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Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
also gives corrective services officers the power to issue any reasonable
direction necessary for the proper administration of a curfew or electronic
monitoring.
Amendment 4 inserts clause 3B into the Bill which amends section 19 of
the Act to provide that if the Chief Executive successfully applies for an
amendment to a supervision order, the amended supervision order must
include the requirement that the released prisoner comply with a curfew or
monitoring direction. Amendment 4 also clarifies that the mandatory
requirements provided in section 16(1) are not subject to amendment under
section 19.
Amendment 5 inserts clause 3C into the Bill which inserts new section 19A
into the Act. New section 19A allows a released prisoner to apply to the
Supreme Court for the removal of the requirement of the supervision order
that the released prisoner comply with a curfew and monitoring direction.
In relation to such an application, the onus is upon the released prisoner to
satisfy the court on the balance of probabilities that the adequate protection
of the community can be ensured without the requirement. An application
may only be made after two (2) years from the date the requirement was
included in the order. In the event of an unsuccessful application, the
released prisoner cannot make a further application for removal for a
period of one (1) year.
New section 19A also provides that the chief executive of Corrective
Services, may, at any time, with the Attorney-General's consent, apply to
have the curfew and monitoring requirement reinstated.
Amendment 6 amends clause 4 of the Bill which amends section 20 of the
Act. The amendment is a consequential amendment to effect the change in
terminology from `condition' to `requirement'.
Amendment 7 amends clause 5 of the Bill which amends section 21 of the
Act and is concerned with the circumstance where a released prisoner is
brought back before the Supreme Court for contravening a supervision
order and the court is satisfied that exceptional circumstances exist to
justify releasing the prisoner on a supervision order until the matter is
finally determined. The amendment provides that in such a case, the
supervision order must include the requirements that the released prisoner
comply with a curfew or monitoring direction and with every reasonable
direction of a corrective services officer.
Amendment 8 amends clause 6 of the Bill by substituting a new section 22.
Amendment 8 is concerned with the circumstance where the Supreme
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Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
Court makes a final determination in relation to a contravention hearing, to
allow a released prisoner to remain on a supervision order. The amendment
provides that in such a case, the supervision order must include the
requirements that the released prisoner comply with a curfew or monitoring
direction and with every reasonable direction of a corrective services
officer.
Amendment 9 inserts a new clause 8A into the Bill and amends section 30
of the Act to provide that where the court, at a annual review hearing of a
continuing detention order, determines to release a prisoner on a
supervision order, the supervision order must include the requirements that
the released prisoner comply with a curfew or monitoring direction and
with every reasonable direction of a corrective services officer.
Amendment 10 inserts a new clause 8B into the Bill. The amendment
amends section 31 of the Act to clarify that appealable `decisions' under
section 31 of the Act are decisions of the court. Therefore, any decision by
a corrective services officer to give a monitoring or curfew direction would
not be appealable under section 31.
Amendment 11 amends clause 9 and is a consequential amendment to effect
the change in terminology from `condition' to `requirement'.
Amendment 12 amends clause 12 of the Bill to clarify that the new
requirements in relation to the mandatory curfew and monitoring directions
and the direction to comply with every reasonable direction of a corrective
services officer, do not apply to existing orders unless the orders are
amended by the court to include such requirements. This ensures that the
amendments do not apply retrospectively to alter the obligations of
released offenders.
Amendments 13 and 14 amend clause 13 of the Bill which amends the
Schedule (Dictionary) of the Act. The amendments insert definitions for
curfew direction, monitoring direction and requirement. Curfew and
monitoring direction are defined earlier in the Act. Requirement is defined
to include a condition and a provision of an order made before the
commencement of the amendments. The Dictionary is further amended to
update the section references for the definition of interim detention order to
reflect amendments being made to sections 21 and 22.
© State of Queensland 2007
1
Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
Dangerous Prisoners (Sexual Offenders)
Amendment Bill 2007
Explanatory Notes for Amendments to be
moved during consideration in detail by Mark
McArdle, Member for Caloundra
Title of the Bill
Dangerous Prisoners (Sexual Offenders) Amendment Bill 2007
Objectives of the Bill
The objective of the legislation is to introduce new provisions into the
Dangerous Prisoners (Sexual Offenders) act, the bill to be moved during
consideration in detail.
Reasons for Bill
The Shadow Attorney General and Minister for Justice is responsible for
the administration and support of the portfolio from the opposition. The
Queensland Coalition has been pushing the poor policy management
around dangerous prisoners by the government for a long time now, the
continued flaws in the current monitoring system reflect a government out
of touch with protecting the communities interests.
It was pointed out to government officials in a previous briefing that there
had been no consultation with either the police or the courts, or any victim
interest groups about amendments previously proposed by the
Government. This lack of any respect or recognition of victims within this
act has given rise to the first part of the proposed amendments put forward
by the Queensland Coalition.
The second part of the amendments, that is compulsory monitoring of all
dangerous prisoners. The Queensland Coalition believe that effective
monitoring should be done through GPS satellite devices as well as radio
frequency monitoring. The need to monitor has shown that offenders are
less likely to re-offend and add an additional layer of security. It is
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Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
important to note that the Coalition believe that Dangerous Sexual
Offenders who pose a risk should remain behind bars indefinitely.
These amendments are to add balance to the process by giving victims of
Dangerous Prisoners a voice and also ensuring that effective management
of Dangerous Prisoners who are released by courts.
Current legislation
The current legislation does not allow the victims of dangerous prisoners a
voice in the process when it comes to deciding on a detention or
supervision order.
Under current legislation there are is no compulsory electronic monitoring
provisions and there is no retrospective component to the application of
electronic monitoring.
Achievements of Objectives
The bill achieves the objectives by amending the Dangerous Prisoner
(Sexual Offenders) Act 2003
Estimated Cost for Government Implementation
The bill will need to be covered by the cost of electronic monitoring each
person given a supervision order under the act.
Consultation
Consultation has occurred with victim support groups and the prison
officers association.
Notes On Provisions
Part 1 Preliminary
These provisions are to be inserted into the Dangerous Prisoners (Sexual
Offenders) Amendment Bill 2007.
Clause one introduces a new section 9AA. This section requires the
Attorney General to give notice to victims of the prisoner for which the
application for a division 3 order applies.
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Dangerous Prisoners (Sexual Offenders) Amendment
Bill 2007
This section is a requirement on the Attorney General to provide notice to
the victim, which allows that victim to submit their views and provide
information relevant to any application for a division 3 order or any
conditions of release.
Sub clause 3,4 and 5 outline the operation for which the Attorney General
must take to comply with the intent of the section. It also provides
protection for victims if they do not wish to be identified.
Sub-clause 2B provides that the Attorney General must give written notice
of a discontinuance of proceedings.
Clause 3 inserts the provision relating to compulsory conditions attached to
a supervision order. These include a curfews, and the wearing of electronic
monitoring.
Clause 4 introduces the fitting of monitoring devices to all prisoners whom
a supervision order is made and that the said device is to be worn for the
duration of the order.
Sub-clause 2 provides for fitting of electronic monitoring devices
retrospectively.
Clause 4 also outlines provisions to cover the unauthorised damage or
removal of the device.
Clause 5A again outlines provisions for victim submissions to be made at
the time a further order is made. This means that that Attorney General
must provide eligible persons the opportunity to present information to the
court at the time of hearing and making final decision.
Clause 6 deals with the requirement, this is not an option the court must
impose this condition to make a curfew order when making a further
supervision order.
Clause 7 and 8 deal machinery aspects of the bill.
Clause 9 inserts additional definitions of specific terminology relevant to
the amendments proposed including `eligible person' and `monitoring
devices'.
© State of Queensland 2007