Queensland Numbered Acts

YOUTH JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 5

5 Insertion of new ss 263A and 263B

After section 263 —
insert—

263A Recordings in detention centres and use of body-worn cameras

(1) The chief executive may, for carrying out the chief executive’s responsibilities under section 263(1), record images or sounds in a detention centre.

(2) Without limiting subsection (1), the chief executive may authorise a detention centre employee to use a body-worn camera to record images or sounds while the employee is acting in the performance of the employee’s duties.

(3) However, the chief executive or a detention centre employee must not record a communication between a child detained in a detention centre and any of the following persons—

(a) the child’s lawyer;

(b) an officer of a law enforcement agency within the meaning of the Corrective Services Act 2006 ;

(c) the ombudsman;

(d) a community visitor (child);

(e) a child advocacy officer;

(f) the public guardian under the Public Guardian Act 2014 .

(4) Also, the chief executive or a detention centre employee must not record a telephone conversation between a child detained in a detention centre and someone else.

(5) Subsections (3) and (4) do not apply to the extent—

(a) the communication or telephone conversation is recorded by a detention centre employee using a body-worn camera; and

(b) the use is inadvertent, unexpected or incidental to use while acting in the performance of the employee’s duties.

(6) Use of a body-worn camera by a detention centre employee is lawful if the use is authorised by the chief executive and is in compliance with this section.

(7) To remove any doubt, it is declared that subsections (1), (2) and (6) are provisions authorising the use by the chief executive, or a detention centre employee, of a listening device for the Invasion of Privacy Act 1971 , section 43(2)(d).

(8) In this section—

"listening device" see the Invasion of Privacy Act 1971 , section 4.

"telephone conversation" includes a conversation held using any technology that allows reasonably contemporaneous and continuous communication between 2 or more persons.

"use" , of a body-worn camera by a detention centre employee, includes use that—

(a) is inadvertent or unexpected; or

(b) is incidental to use while acting in the performance of the employee’s duties.

263B Requirements for chief executive in relation to recordings and use of body-worn cameras

(1) The chief executive must make guidelines about—

(a) the recording of images and sounds in detention centres under section 263A; and

(b) the use of body-worn cameras by detention centre employees under section 263A.

(2) Also, the chief executive must ensure that the following persons are advised that sounds and images may be recorded under section 263A—

(a) a child detained in a detention centre;

(b) a detention centre employee;

(c) a visitor to a detention centre.