The Queensland Law Society (QLS) acknowledges that youth justice has a broad and significant impact on our community. We recognise the wide-ranging effects on victims and their families, and the community expectation for steps to be taken to address youth crime.
Last night, the Queensland Government signalled its intention to bypass the constitutional parliamentary process for the review of Bills by introducing new and unrelated amendments about youth detention into the Child Protection Bill.
QLS President Chloé Kopilović said adding amendments at the last minute to a Bill that has already gone through the parliamentary process undermines the Constitution of Queensland requirement for examination and scrutiny of new laws.
“It is unacceptable that such serious and profound amendments, that will have long term impact, are being considered without having regard to due process and stakeholder consultation,” Ms Kopilović said.
“All new laws should be introduced into Parliament as Bills and given proper scrutiny through the Parliamentary Committee review process or declared urgent for good reason and passed as such.
“This action is also an express override of the Human Rights Act 2019 (Qld). This Act was enacted for a reason and should not be dismissed so easily, and without complete justification – particularly when it comes to children.
“Meaningful consultation with stakeholders is vital to ensure there are no unintended consequences for such amendments.
“We strongly urge the Minister to put these amendments through the House as ordinary legislation and allow for public consultation. The QLS stands waiting to provide feedback and comment on such important amendments.”
Children don’t belong in watchhouses
These retrospective, urgent amendments will confirm children as young as 10 can be locked up in police watchhouses – with no apparent guidelines on the length of time they can be detained in these facilities.
“Children can be detained with other children who are also vulnerable, and in the same facility as adults, some accused of serious crimes. It is unlikely children detained in watchhouses will be afforded the same protections required under the Youth Justice Act,” Ms Kopilović said.
“Watchhouses are not designed to hold children for lengthy periods of time, placing additional pressure on police and corrective services staff, in a system that is already over capacity.
“There should instead be a focus on reducing the number of children entering the youth justice system in the first place. This will require a whole of government response, encompassing issues such as health, education, housing, and child protection.
“QLS seeks a commitment from the Queensland Government that no children under the age of 14 will be detained in a police watchhouse, and calls on the Minister to reconsider the urgent passing of this legislation.”
Media Contact:
Melissa Seiler – Senior Media and External Affairs Advisor
m.seiler@qls.com.au | 0424 184 846