Police Powers and Responsibilities and Other Legislation Amendment Bill 2024 (Qld)

An Act to amend the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, the Corrective Services Act 2006, the Crime and Corruption Act 2001, the Mental Health Act 2016, the Planning Regulation 2017, the Police Powers and Responsibilities Act 2000, the Public Health Act 2005, the Summary Offences Act 2005, the Terrorism (Preventative Detention) Act 2005 and the legislation 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 Police Powers and Responsibilities and Other Legislation Amendment Act 2024.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) part 2; (b) part 3, division 3; (c) parts 4 and 5; (d) parts 7 to 10; (e) schedule 1, part 2.

Part 2 Amendment of Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

3 Act amended This part amends the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004. Note— See also the amendments in schedule 1, part 2.

4 Amendment of s 27 (Right to privacy and support when reporting) Section 27(6), definition special needs, paragraph (a), 'sex'— omit, insert— gender

5 Amendment of s 31 (Power to take photographs) Section 31(2)(c)— omit.

6 Insertion of new s 31A After section 31— insert—

31A Safeguards for certain photographs (1) This section applies if, under section 31, a police officer requires a reportable offender to expose the offender's breasts to enable that part of the body to be photographed. (2) The police officer— (a) must not require the reportable offender to remove more clothing than is necessary for the photograph to be taken; and (b) if reasonably practicable, must ensure the photograph is not taken— (i) in the presence of someone whose presence is not required while the photograph is taken; or (ii) where someone not involved in taking the photograph can see the photograph being taken. (3) Subject to this section, the person taking the photograph must, if reasonably practicable, be of the same gender as the reportable offender. (4) The reportable offender must be given— (a) an explanation of the process; and (b) a reasonable opportunity to express a preference about the gender of the person taking the photograph. (5) A preference must be accommodated unless— (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or (b) it is not reasonably practicable to accommodate the preference. (6) Without limiting the power under section 31(1)(b) for the photograph to be taken by a person authorised by the officer, the police officer may authorise a person to take the photograph if reasonably necessary— (a) to ensure that the person taking the photograph and the reportable offender are of the same gender; or (b) to accommodate a preference expressed by the person; or (c) to address a concern related to gender in a way that minimises embarrassment and offence.