Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 52AA

52AA Court may impose monitoring device condition

(1) A court may, under section 52A (2) , impose on a grant of bail to a child a condition that the child must wear a monitoring device while released on bail (a
"monitoring device condition" ) if—

(a) the child is at least 15 years; and

(b) the offence in relation to which bail is being granted is a prescribed indictable offence; and

(c) the child—

(i) has previously been found guilty of at least 1 indictable offence; or

(ii) has, in the previous 12 months, been charged with a prescribed indictable offence and the charge—

(A) has not been dealt with by a court, withdrawn or otherwise discontinued; and

(B) does not arise out of the same, or the same set of, circumstances as the charge for the prescribed indictable offence mentioned in paragraph (b) ; and

(d) the court is in a geographical area prescribed by regulation; and

(e) the child lives in a geographical area prescribed by regulation; and

(f) the court is satisfied, in addition to being satisfied of the matters mentioned in section 52A (2) , that imposing the monitoring device condition is appropriate having regard to the following matters—

(i) whether the child has the capacity to understand the condition and any conditions under subsection (2) ;

(ii) whether the child is likely to comply with the condition and any conditions under subsection (2) having regard to the personal circumstances of the child;

Examples of personal circumstances of a child for subparagraph (ii)—

• whether the child has stable accommodation

• whether the child has the support of a parent or another person to assist with compliance with the conditions

• whether the child has access to a mobile phone to facilitate contact with any monitoring device monitoring service

• whether the child has access to an electricity supply

(iii) whether a parent of the child, or another person, has indicated a willingness to the court to do any of the things mentioned in section 48AA (4) (a) (vi) ;

(iv) any other matter the court considers relevant.

Note—

See the Human Rights Act 2019 , sections 19 , 22 , and 25 to 28.

(2) If bail for a child is subject to a monitoring device condition, the court—

(a) must consider making an order that the child be detained in custody until the monitoring device is fitted to the child; and

(b) may impose any other condition the court considers necessary to facilitate the operation of the monitoring device.

Examples of conditions a court may consider necessary to facilitate the operation of a monitoring device required to be worn by a child—

• a condition that requires the child to attend at a stated place to be fitted with the monitoring device

• a condition that requires the child to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order

• a condition that requires the child to permit a police officer to enter stated premises to install equipment necessary for the operation of the monitoring device

• a condition that requires the child to permit a police officer to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order

• a condition that requires the child to comply with a direction given by a police officer that is reasonably necessary for the operation of the monitoring device

(2A) For subsection (2) (a) , the child may be detained in custody only for the purpose of fitting the monitoring device and for the least time that is justified in the circumstances.

(3) A court, before it imposes on a grant of bail to a child a monitoring device condition, must order the chief executive to give to the court a report (a
"suitability assessment report" ) containing the chief executive’s assessment of the child’s suitability for a monitoring device condition having regard to the matters mentioned in subsection (1) (f) .

(4) If the court makes an order under subsection (3) , the chief executive must give the court the suitability assessment report—

(a) within the period stated by the court under subsection (3) ; or

(b) if no period has been stated by the court—as soon as practicable after the order is made.

(5) The court must consider a suitability assessment report given to the court under subsection (4) .

(6) If the court, under section 52A (2) , imposes on a grant of bail to a child a monitoring device condition and other conditions under subsection (2) (b) , the chief executive must make all necessary and convenient arrangements to ensure the imposition of the conditions.

(7) The chief executive may, for the performance of the chief executive’s function under subsection (6) —

(a) ask the commissioner of the police service to fit the monitoring device to, or remove the monitoring device from, the child; and

(b) ask the chief executive (corrective services) to do any of the following—

(i) remotely monitor the monitoring device;

(ii) contact the child on a mobile phone in relation to an alert or notification from the monitoring device;

(iii) give information relating to alerts and notifications from the monitoring device to the chief executive and the commissioner of the police service.

(8) The commissioner of the police service and the chief executive (corrective services) must comply with a request under subsection (7) .

(9) The chief executive (corrective services) may delegate a function requested under subsection (7) (b) to a corrective services officer.

(10) This section expires 4 years after the commencement.

(11) In this section—

"function" includes a power.

"prescribed indictable offence" means—

(a) a life offence; or

(b) an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, other than an offence against the Drugs Misuse Act 1986 , section 9 (1) for which the maximum penalty is 15 years imprisonment; or

(c) an offence against any of the following provisions of the Criminal Code —

(i) section 69;

(ii) section 75 ;

(iii) section 315A ;

(iv) section 323 ;

(v) section 328A ;

(vi) section 339 ;

(vii) section 340 , to the extent the offence is not of a type mentioned in paragraph (b) ;

(viii) section 359 ;

(ix) section 359E ;

(x) section 408A (1) , if the offence involves a motor vehicle and the child charged with the offence was allegedly the driver of the motor vehicle;

(xi) section 408A (1) to which section 408A (2) applies;

(xii) section 412 , to the extent the offence is not of a type mentioned in paragraph (a) or (b) ;

(xiii) section 413 ;

(xiv) section 414 .