New Queensland Laws allow Attorney General to override the Courts

The Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013 has passed quickly through the Queensland Parliament in the last day (17 October 2013). The new laws give the State Attorney-General powers that once rested with the courts and  as the much of the press is today reporting the new laws have generated anger and controversy as they have given him the power to keep sex offenders in jail indefinitely. The new laws are reported as following from recent controversy surrounding sentences dealt out to various serious sex offenders in the Queensland Criminal Courts.

About the New Law

The new legislation amends the Criminal Law Amendment Act 1945 to empower the Governor in Council to declare that a ‘relevant person’ must be detained under a new Part 4 of the Criminal Law Amendment Act 1945, if satisfied that it is in the public interest to make the declaration (a ‘public interest declaration’). The new legislations defines a ‘relevant person’ as a person who is subject to one of the following orders made under the Dangerous Prisoners (Sexual Offenders) Act 2003:

• a continuing detention order; or
• a supervision order (where immediately before the supervision order the person was subject to a continuing detention order).

The effect of such a ‘public interest declaration’ is that the Dangerous Prisoners (Sexual Offenders) Act 2003 ceases to apply to a relevant person and the person must be detained in an institution (defined to include a corrective services facility). A relevant person is subject to an annual review by two psychiatrists who will report on the level of risk that the person will commit an offence of a sexual nature if released from detention. When satisfied that detaining the relevant person under new Part 4 of the Criminal Law Amendment Act is no longer in the public interest, the Governor in Council may declare that new Part 4 of the Criminal Law Amendment Act no longer applies to the person.

Reaction to the New Law

The new law has been roundly criticised by academics, civil libertarians and the Queensland State Labor opposition who are reported as having accused the Attorney-General of breaching separation of powers and who say that the legislation is dangerous for democracy in Queensland.

The state opposition leader has told parliament the new laws are a "publicity stunt" and that the state's top lawyers have warned they would not withstand a High Court challenge . . . "I have never before seen a bill drafted in the full knowledge that it could be declared unconstitutional . . ." she said.

Further the opposition is reported also as pointing out that the new laws are "dangerous because they undermine the checks and balances built into the  legal system". Going on to say that if a party thinks a judge has got it wrong, there are others who are charged with responsibility for reviewing those decisions and that it should not be the Attorney-General or any other member of the executive.

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• Criminal Law Amendment (Public Interest Declarations) Amendment Bill 2013 as reported in the TimeBase LawOne Service.
• Courts lose power to Qld's AG (Nine News Website)
• Queensland Attorney-General Jarrod Bleijie to be granted unprecedented powers to keep dangerous sex offenders in jail (Courier Mail Website)
• More controversy for Judge Sarah Bradley as freed rapist allegedly attacks same victim again (Courier Mail Website)