Queensland introduced significant legislative changes to our criminal law in 2024, particularly focusing on youth justice and domestic violence offences. The Making Queensland Safer Act 2024, which received assent on 13 December 2024, brought about several key amendments:
- Youth Justice Reforms:
- Removed the principle of detention as a last resort for children who commit specified offences.
- Introduced “Adult Crime, Adult Time” provisions, subjecting juvenile offenders to the same penalties as adults for serious crimes such as murder, manslaughter, grievous bodily harm, and home invasions.
- Enabled courts to consider an offender’s full criminal history, including juvenile records, when sentencing adults for up to five years after the most recent child entry.
- Prioritised victims’ rights over offenders’ rights during sentencing.
- Extended the trial of electronic monitoring devices as a condition of bail for eligible 15-year-olds.
- Domestic Violence and Coercive Control:
- Introduced a new criminal offense of coercive control, set to take effect from 26 May 2025.
- Made it illegal for an adult to use abusive behaviours towards their current or former intimate partner, family member, or informal carer with the intention to control or coerce them.
- Set a maximum penalty of 14 years imprisonment for coercive control offenses.
- Sexual Consent Laws:
- Implemented an affirmative model of consent for sexual activity, requiring mutual agreement and explicit communication of consent.
- Recognized “stealthing” (non-consensual removal or tampering of a condom during sexual activity) as a circumstance of non-consent and rape.
- Youth Detention Centre:
- Established the new Wacol Youth Remand Centre as a place of detention under the Youth Justice Act 1992, commencing on 1 December 2024.
- Updated arrangements for determining the gender of persons conducting searches or providing health services in youth detention centres.
- Introduced x-ray imaging searches in youth detention centres to reduce the need for unclothed searches.
These legislative changes have been controversial, with critics arguing that they may exacerbate the overrepresentation of Aboriginal and Torres Strait Islander children in the youth justice system and potentially conflict with international human rights standards. The Queensland Law Society has called for urgent youth justice reforms that focus on addressing the root causes of youth crime and providing culturally appropriate support services.
The government has defended these changes as necessary to restore community safety and respond to public concerns about youth crime. However, the long-term impacts of these reforms on recidivism rates, community safety, and the wellbeing of young offenders remain to be seen.
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