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Call for Submissions

Submissions closed on Thursday, 28 June 2012.

Objective of the Bill

The primary objectives of the Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012 (the Bill) are to: 

1. Amend the Penalties and Sentences Act 1992 to insert a new mandatory sentencing regime of life imprisonment for certain repeat child sex offenders; and
2. Amend the Corrective Services Act 2006 to prescribe a minimum non-parole period of 20 years imprisonment for an offender sentenced to mandatory life imprisonment under the new repeat child sex offender sentencing regime in the Penalties and Sentences Act 1992.

Other Information

The Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012 and Explanatory Notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Hansard transcript of the explanatory speech for the Bill can be found at www.parliament.qld.gov.au/documents/tableOffice/HALnks/120620/CrimLawOff.pdf.

Reasons for the Bill

The Bill amends the Penalties and Sentences Act 1992 and the Corrective Services Act 2006 to provide a new mandatory sentencing regime of life imprisonment, with a 20 year non-parole period, for certain repeat child sex offenders.  

The new regime applies where: 

• an adult offender is convicted of a relevant serious child sex offence (as defined in the Bill); and
• such offence is committed after the commencement of the Bill; and
• the offender has a prior conviction as an adult for a relevant serious child sex offence (it does not matter whether the first offence was committed, or the offender was convicted of the first offence, before or after the commencement of the Bill); and
• the second offence is committed after the conviction of the first offence.

In sentencing the offender on the second occasion, the court must impose life imprisonment which cannot be mitigated or varied (the court may however impose an indefinite sentence under Part 10 of the Penalties and Sentences Act 1992) (Explanatory Notes, pp 1-2).

The new regime applies to the Criminal Code offences listed in the new Schedule 1A to the Penalties and Sentences Act 1992, committed in relation to a child under 16 years and in circumstances where an offender convicted of the offence would be liable to imprisonment for life (Explanatory Notes, p. 2).

Referral

On 20 June 2012 the Attorney-General and Minister for Justice, Hon Jarrod Bleijie MP, introduced the Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012 into the Queensland Parliament. Subsequently, Parliament referred the Bill to the Legal Affairs and Community Safety Committee for detailed consideration.

Report

On 6 July 2012, the Committee tabled its Report No. 2, Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012. A copy of the report is available here or can be accessed at Related Publications.

The Government tabled its response to the Committee's report on 10 July 2012. A copy of the Government Response is available here or can be accessed at Related Publications.

The Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012 was passed by the Legislative Assembly on 10 July 2012.