Steven Miles’ government claims to have legal advice from Crown Law and solicitor general that amendments will not violate Human Rights Act or international law
The principle of detention as a last resort will be removed from the Queensland Youth Justice Act, under legislation introduced by the Labor government on Wednesday.
The Youth Justice Act will be redrafted to read: “A child should be detained in custody, where necessary, including to ensure community safety, where other non-custodial measures of prevention and intervention would not be sufficient, and for no longer than necessary to meet the purpose of detention.”
The government claims to have legal advice from Crown Law and the solicitor general that their amendments will not violate the state Human Rights Act or international law.
According to the bill’s statement on compatibility with human rights: “The proposed amendments … are clarifying provisions and are not intended to change the law. They do not engage any human rights.”
Miles told media on Wednesday that the changes “will make it absolutely clear that community safety MUST be the priority for the courts”.
The clause is an important principle under the UN convention of the rights of the child.
The Liberal National party opposition – which has long pushed for the change – has used the clause as a campaign to attack the government over youth crime, in the run-up to the October state election.
The bill’s explanatory notes say the change corrects an “ongoing misrepresentation” of the clause.
“Once a court has considered all options reasonably available, and if satisfied that other options are not appropriate in the circumstances, then detention can be imposed”.
The legislation will also amend the Childrens Court Act, the Corrective Services Act, the criminal code, the Disaster Management and Other Legislation Amendment Act, the Explosives Act, the Judicial Review Act, the Police Powers and Responsibilities Act, the Police Service Administration Act, the Public Safety Preservation Act, the Summary Offences Act, the Transport Operations (Road Use Management) Act and the Weapons Act 1990.
It is expected to rapidly make its way through the unicameral parliament.
One response to “Queensland Labor to remove principle of detention as last resort from Youth Justice Act”
Hi, this is a comment.
To get started with moderating, editing, and deleting comments, please visit the Comments screen in the dashboard.
Commenter avatars come from Gravatar.