Queensland Numbered Acts Queensland Numbered ActsAfter part 11--
insert--
'The Sentencing Advisory Council is established.
'(1) The council has the function of stating in writing to the Court of Appeal its views on the giving, or review, of a guideline judgment within the meaning of part 2A.
'(2) For subsection (1), the council may state its views on the following--
(a) whether a guideline judgment should be given or reviewed;
(b) the content of the guideline judgment.
'(1) The other functions of the council are--
(a) if requested by the Attorney-General, to advise the Attorney-General on matters relating to sentencing; and
(b) to provide information to the community to enhance knowledge and understanding of matters relating to sentencing; and
(c) to publish information relating to sentencing; and
(d) to research matters relating to sentencing and publish the results of the research; and
(e) to obtain the community's views on sentencing and particular matters relating to sentencing.
'(2) To assist in performing its functions under subsection (1), the council may consult with the judiciary, government departments, any person or class of person and any other entity or class of entity.
'(3) In this section--
publish includes give information to the judiciary, government departments, any person or class of person and any other entity or class of entity.
'The council has the powers necessary or convenient to perform its functions or incidental to the performance of its functions.
'(1) The council consists of 12 members appointed by the Governor in Council, by gazette notice, on the recommendation of the Attorney-General.
'(2) The Attorney-General is to recommend persons the Attorney-General considers have expertise or experience relevant to functions of the council, for example, in relation to any of the following--
(a) victims of crime;
(b) justice matters relating to Aboriginal or Torres Strait Islander people;
(c) justice matters relating to domestic and family violence;
(d) vulnerable persons facing the criminal justice system;
Examples of vulnerable persons--
persons suffering mental illness
persons who have an intellectual or other disability
persons who have a substance abuse problem
homeless persons
(e) law enforcement;
(f) crime prevention;
(g) criminal prosecutions;
(h) criminal defence representation;
(i) civil liberties;
(j) corrective services, including offender rehabilitation;
(k) juvenile justice matters;
(l) criminal justice policy;
(m) criminal law, including sentencing;
(n) criminology.
'(3) In this section--
corrective services see the Corrective Services Act 2006, schedule 4.
'(1) The Governor in Council may, on the recommendation of the Attorney-General, appoint--
(a) a member of the council to be chairperson of the council; and
(b) another member to be deputy chairperson of the council.
'(2) A member may be appointed as the chairperson or deputy chairperson at the same time as the person is appointed as a member and by the same gazette notice.
'(3) Subject to this division, the chairperson or deputy chairperson holds office for the term, ending not later than his or her term of appointment as a member, stated in his or her appointment as chairperson or deputy chairperson.
'(4) The deputy chairperson is to act as chairperson--
(a) during a vacancy in the office of the chairperson; and
(b) during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.
'(1) A member of the council holds office for the term, not more than 3 years, stated in the member's instrument of appointment.
'(2) A member is entitled to the fees and allowances fixed by the Governor in Council, and otherwise holds office under the conditions of appointment fixed by the Governor in Council.
'The office of a member of the council becomes vacant if the appointed member--
(a) resigns office by signed notice given to the Attorney-General; or
(b) is removed from office as a member under section 203C.
'The Governor in Council may remove an appointed member from office if--
(a) the member is mentally or physically incapable of performing the member's duties; or
(b) the member is convicted, including by summary conviction, of an indictable offence; or
(c) the Governor in Council is satisfied the member has neglected the member's duties or performed the member's duties incompetently or inefficiently.
'A decision of the council is not invalidated by--
(a) a defect or irregularity in the appointment of a member of the council, including in the appointment of the chairperson or deputy chairperson; or
(b) a vacancy in the membership of the council.
'Subject to this division, the council may conduct its business, including its meetings, in the way it considers appropriate.
'A quorum for a meeting of the council is 7 members.
'(1) The chairperson is to preside at all meetings of the council at which the chairperson is present.
'(2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.
'(3) If neither the chairperson nor deputy chairperson is present at a meeting, a member of the council chosen by the members is to preside.
'(1) A question at a council meeting is decided by a majority of the votes of the members present.
'(2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.
'(3) A member present at the meeting may abstain from voting.
'(4) The council may hold meetings, or permit members to take part in meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.
Example of use of technology--
teleconferencing
'(5) A member who takes part in a meeting under subsection (4) is taken to be present at the meeting.
'The council must keep minutes of its proceedings.
'(1) Subject to the council's budget, the staff necessary to enable the council to perform its functions may be employed.
'(2) Staff of the council are to be employed under the Public Service Act 2008.
'(1) Subject to the chief executive's approval, the council may engage persons with suitable qualifications and experience to help the council in performing its functions.
'(2) The engagement may either be in an honorary capacity or for remuneration.
'(1) The council must report in writing to the Attorney-General as follows--
(a) each financial year, by the date requested in writing by the Attorney-General;
(b) otherwise, as requested in writing by the Attorney-General from time to time.
'(2) The report under subsection (1)(a)--
(a) must include information about--
(i) performance of the council's functions, in particular about the provision of information to the community to enhance knowledge and understanding of matters relating to sentencing; and
(ii) the work to be undertaken by the council in the future in the performance of the council's functions; and
(b) must be tabled in the Legislative Assembly by the Attorney-General within 14 sitting days after the Attorney-General receives it.'.