Youth Justice and Other Legislation Amendment Bill 2019 (Qld)

An Act to amend the Bail Act 1980, the Police Powers and Responsibilities Act 2000, the Public Guardian Act 2014, the Youth Justice Act 1992 and the Acts mentioned in schedule 1 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Youth Justice and Other Legislation Amendment Act 2019.

2 Commencement This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) part 2, divisions 1 and 2; (b) part 5; (c) part 6; (d) schedule 1, part 1.

Part 2 Amendment of Youth Justice Act 1992

Division 1 Preliminary

3 Act amended This part amends the Youth Justice Act 1992. Note— See also the amendments in schedule 1, parts 1 and 2.

Division 2 Amendments commencing on assent

4 Amendment of s 150 (Sentencing principles) Section 150— insert— (3) In determining the appropriate sentence for a child convicted of the manslaughter of a child under 12 years, a court must treat the victim's defencelessness and vulnerability, having regard to the victim's age, as an aggravating factor.

5 Insertion of new ss 263A and 263B After section 263— insert—

263A Recordings in detention centres and use of body-worn cameras (1) The chief executive may, for carrying out the chief executive's responsibilities under section 263(1), record images or sounds in a detention centre. (2) Without limiting subsection (1), the chief executive may authorise a detention centre employee to use a body-worn camera to record images or sounds while the employee is acting in the performance of the employee's duties. (3) However, the chief executive or a detention centre employee must not record a communication between a child detained in a detention centre and any of the following persons— (a) the child's lawyer; (b) an officer of a law enforcement agency within the meaning of the Corrective Services Act 2006; (c) the ombudsman; (d) a community visitor (child); (e) a child advocacy officer; (f) the public guardian under the Public Guardian Act 2014. (4) Also, the chief executive or a detention centre employee must not record a telephone conversation between a child detained in a detention centre and someone else. (5) Subsections (3) and (4) do not apply to the extent— (a) the communication or telephone conversation is recorded by a detention centre employee using a body-worn camera; and (b) the use is inadvertent, unexpected or incidental to use while acting in the performance of the employee's duties. (6) Use of a body-worn camera by a detention centre employee is lawful if the use is authorised by the chief executive and is in compliance with this section. (7) To remove any doubt, it is declared that subsections (1), (2) and (6) are provisions authorising the use by the chief executive, or a detention centre employee, of a listening device for the Invasion of Privacy Act 1971, section 43(2)(d). (8) In this section— listening device see the Invasion of Privacy Act 1971, section 4. telephone conversation includes a conversation held using any technology that allows reasonably contemporaneous and continuous communication between 2 or more persons. use, of a body-worn camera by a detention centre employee, includes use that— (a) is inadvertent or unexpected; or (b) is incidental to use while acting in the performance of the employee's duties.