Youth Justice and Other Legislation Amendment Regulation 2019

1Short title

This regulation may be cited as the Youth Justice and Other Legislation Amendment Regulation 2019.

2Commencement

This regulation commences on 16 December 2019.

3Regulation amended

This part amends the Police Powers and Responsibilities Regulation 2012.

4Replacement of s 26 (Legal aid organisation—Act, sch 6, definition legal aid organisation)

Section 26—
omit, insert—

26Legal aid organisation—Act, sch 6, definition legal aid organisation

(1)For the Act, schedule 6, definition legal aid organisation, paragraph (a), the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd (ATSILS) is prescribed.

(2)For the Act, schedule 6, definition legal aid organisation, paragraph (b), the following organisations are prescribed—

(a)the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd (ATSILS);

(b)Legal Aid under the Legal Aid Queensland Act 1997.

5Regulation amended

This part amends the Youth Justice Regulation 2016.

6Insertion of new s 5A

After section 5—
insert—

5ALikely complexity of pre-sentence report

(1)This section applies if a court orders the chief executive to give to the court a pre-sentence report under section 151(1) of the Act.

(2)In having regard, under section 151(6) of the Act, to the likely complexity of the pre-sentence report, the matters the court may consider include the following—

(a)the number of offences to which the report relates;

(b)the nature and seriousness of the offence to which the report relates and the circumstances in which the offence was committed;

(c)any other matter the court considers relevant to the likely complexity of the report.

7Amendment of s 6 (Contents of further material for pre-sentence report)

Section 6(1)—
omit, insert—

(1)This section applies if, under section 151(10)(b) of the Act, the chief executive gives a court further material to be considered with another pre-sentence report.

8Amendment of s 38 (Keeping information—Act, s 303)

Section 38(1)(a)(ii), ‘15, 19 or 20’—
omit, insert—

16, 20 or 21

9Replacement of pt 5, hdg (Confidential information)

Part 5, heading—
omit, insert—

Part 5 Provisions about disclosure of information

10Insertion of new pt 5, div 1, hdg

Before section 44—
insert—

Division 1 Preservation of confidentiality generally

11Amendment of s 44 (Dealing with confidential information—Act, s 289(i))

(1)Section 44, heading, ‘s 289(i)’—
omit, insert—

s 289

(2)Section 44(2), note, ‘the Act, part 9, divisions 2 and 3’—
omit, insert—

part 9, divisions 2, 2A and 3 of the Act

(3)Section 44(3), definition confidential information—
omit.

12Insertion of new pt 5, div 2

Part 5—
insert—

Division 2 Information sharing and services coordination for children charged with offences

44AArrangements must be given to chief executive and published

(1)A person who establishes an arrangement under section 297F of the Act must, as soon as practicable after the arrangement is established, give a copy of the arrangement to the chief executive.

(2)The chief executive must publish a copy of the arrangement on the department’s website.

44BLimitations on disclosing confidential information—Act, s 297G

(1)For section 297G(4) of the Act, this section prescribes limitations about how, or the circumstances in which, a holder of confidential information relating to a child charged with an offence may, under section 297G(2) of the Act, disclose the information.

(2)The holder must not, under an arrangement established under section 297F of the Act (an arrangement), disclose the confidential information to a recipient unless the holder gives the recipient a written notice stating—

(a)the purpose, mentioned in section 297G(2)(a) to (f) of the Act, that the holder reasonably believes the information may help the recipient to do; and

(b)that the recipient must not disclose the information to another entity under another arrangement unless the holder consents, in writing, to the disclosure.

(3)The notice—

(a)must be given to the recipient before, or at the same time as, the confidential information is disclosed to the recipient; and

(b)stops having effect 6 months after the notice is given or on an earlier day stated in the notice.

(4)Subsection (5) applies if the confidential information was disclosed to the holder by another entity under an arrangement.

(5)The holder must not, under another arrangement, disclose the confidential information to a recipient unless—

(a)the holder requests the other entity’s consent to the disclosure; and

(b)the other entity consents, in writing, to the disclosure; and

(c)the holder complies with any conditions of the consent.

(6)The request under subsection (5)(a) must—

(a)be in writing; and

(b)state the purpose, mentioned in section 297G(2)(a) to (f) of the Act, that the holder reasonably believes the information may help the recipient to do.

44CDisclosing confidential information about a child without the child’s consent

(1)This section applies if a prescribed entity or service provider discloses, under section 297G(2) of the Act, confidential information relating to a child to another entity without the child’s consent.

(2)The prescribed entity or service provider must make all reasonable attempts to advise the child of—

(a)the disclosure; and

(b)the purpose, mentioned in section 297G(2)(a) to (f) of the Act, that the prescribed entity or service provider reasonably believes the information may help the recipient of the information to do.

(3)However, the prescribed entity or service provider may delay advising the child under subsection (2) if the prescribed entity or service provider reasonably believes the delay is appropriate in all the circumstances.

(4)The prescribed entity or service provider must make a record of an attempt made by the prescribed entity or service provider—

(a)to obtain the child’s consent to the disclosure; and

(b)to advise the child under subsection (2).

(5)In this section—

prescribed entity see section 297D of the Act.

service provider see section 297D of the Act.

13Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

confidential information see section 284 of the Act.