‘May lead to more offending’: Human rights boss hits out on bail laws

Queensland’s human rights watchdog has taken its first major swing at the Crisafulli government, offering a scathing assessment of a proposed bail crackdown that is feared will ultimately lift crime in the state.

The significant intervention follows Queensland Human Rights Commissioner Debbie Platz’s relatively quiet time in the role since starting in late January, despite several controversial government bills.

Platz appeared for the first time before a parliamentary committee considering the latest bill on Friday, which would create a stricter new bail test – and a mandatory 12-month jail term – for adults and kids committing serious crimes while already on bail.

“The available evidence suggests that the proposed breach bail offence and mandatory sentencing scheme will not reduce offending except for in the short term,” Platz said, noting the cyclical effect of detention.

“This means that adults and children who are incarcerated are likely more likely to offend. So, while this bill may prevent offences in the short term, in the medium- to long-term, it may lead to more offending.”

The government has conceded that its changes would lift the number of people being sent into an already under-pressure jail system, and Platz said this increased risks to staff and prisoner safety, and rehabilitation.

This was of particular concern for youth offenders. Platz said her office was fielding a growing number of prison overcrowding complaints, with 132 last financial year and more than 100 already this year.

“Our concerns do not reflect disagreement with the objective [of community safety], rather, they relate to whether criminalising the commission of particular offences while on bail is an effective and proportionate way to achieve that objective,” Platz said.

“Under the Human Rights Act, children have the right to be treated in a way that recognises their age, developmental needs, and capacity for rehabilitation.”

Noting the “substantial changes” to youth and adult justice legislation in past years, she said the “sufficiency and impact of these reforms have not been fully tested” and could “risk compounding problems such as the overcrowding in detention facilities”.

In a written submission to the bill, also Platz’s first in the role amid internal and external questions of her approach , she called for the mandatory minimum sentences and the new bail test to be dumped.

Hers was one of more than 250 made to the justice, integrity and community safety committee for its consideration of the LNP bill – gradually revealed since last November’s Hinchinbrook byelection.

Despite still falling victim numbers, public sentiment of government’s hardline handling of crime matters – to which Premier David Crisafulli tied his leadership – has soured across the last year .

Peak law bodies also appeared at Friday’s hearing in Brisbane to reiterate their concerns about the rule of law and impact on the broader justice system.