Summary Offences (High Risk Missing Persons) Amendment Bill

Second Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (16:06): I move:

That this bill be now read a second time.

I am pleased to introduce the Summary Offences (High Risk Missing Persons) Amendment Bill 2025 to the house. Community safety is a top priority of this government, and we have demonstrated that commitment by a strong history of reforms, including recent changes to knife crime laws and street gang reforms, to ensure that police have all the necessary tools and powers they need to protect and keep members of our community safe. Today, we are introducing yet another protection to confer additional powers on police in relation to high-risk missing persons based upon similar laws that have been implemented in Queensland.

These laws seek to address a potential deficiency that has recently been identified in relation to police search powers for missing persons. Specifically, the concern is that in circumstances where police do not reasonably suspect that a crime has been committed and do not otherwise have authority or consent to enter and search a premises, vehicle or other place, there is no authority for police to enter and search for information that may be relevant to the missing person's disappearance and locating their whereabouts.

In 2018, Queensland became the first jurisdiction to provide police with express statutory powers to conduct searches in relation to high-risk missing persons The missing person search powers under the Queensland legislation enable police to search a place without the consent of an occupier if they reasonably suspect that searching the place may locate the person, or information relating to their disappearance, and the person meets the definition of a high-risk missing person. To meet the definition, the missing person must be under the age of 13, or their circumstances raise a concern that they may suffer serious harm if not found as quickly as possible.

A 2024 review of the Queensland act, conducted by the Queensland Crime and Corruption Commission, relevantly found that, in the first five years of the powers being in effect, police officers used them in 16 missing persons investigations to assist in locating 22 people; and investigations, where the missing person search powers were used, ultimately resulted in the safe location of 14 persons. The other eight persons were located deceased or are long-term missing.

In addition, the review relevantly identified that while the powers under the Queensland act are rarely needed, they are a valuable tool to progress missing person investigations. The government wholeheartedly agrees with the sentiment and is proud to be introducing similar laws today.

Turning to the substance of the reforms, the bill amends section 83C of the Summary Offences Act 1953 to authorise police to exercise certain powers in relation to high-risk missing persons. Under the bill a 'missing person' is defined to mean a person who is reported missing to police where their whereabouts are unknown and there are concerns for their safety and welfare.

For the purposes of the bill, a 'high risk missing person' is defined to mean a missing person who is under 14 years of age or a missing person who a police officer reasonably suspects may suffer harm if not located quickly. 'Serious harm' is defined to mean harm, including the cumulative effect of any harm that endangers or is likely to endanger a person's life or is likely to be significant and longstanding.

The bill sets out a number of factors that a police officer may have regard to when determining whether a high-risk missing person may suffer serious harm if they are not located quickly. This includes, but is not limited to, the person's age; any disability of the person attributable to a cognitive, intellectual, neurological, physical or psychiatric impairment; the person's ability to interact safely with other persons or in an unfamiliar environment; and whether the person is suspected of being lost within a particular area, the climate or other environmental factors relevant to the area. The bill relevantly provides:

(1a) Where a senior police officer suspects on reasonable grounds that—

(a) a high risk missing person; or

(b) information that may assist in locating a high risk missing person,

may be in or on specified premises, a specified vehicle or vessel, or other specified place—

they may authorise a police officer to enter for the purposes of investigating the matter and taking such action as the circumstances may require.

An authorisation given by a senior police officer remains in force for a period of 48 hours until the high-risk missing person is located or the authorisation is revoked, whichever is the sooner. In circumstances where a police officer reasonably suspects that an authorisation could be granted in relation to a high-risk missing person, the bill allows for a senior police officer to apply to a judge of the Supreme Court for a missing person warrant. An application for a high-risk missing person warrant can be made whether or not an authorisation is still in force and whether or not a high-risk missing person warrant has previously been made.

A missing person warrant may be made personally or electronically in urgent circumstances. An application may be made and determined without giving notice to an owner or occupier of the premises. Subject to any conditions or limitations that may be specified, a high-risk missing person warrant authorises a police officer to exercise any of the powers that could be granted under an authorisation given by a senior police officer. A high-risk missing person warrant may be granted for a period of up to 90 days and there is scope for this period to be extended or a new application to be made. I commend the bill to the members of this place and seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Summary Offences Act 1953

3—Amendment of section 83C—Special powers of entry

This clause amends section 83C of the principal Act, extending the operation of that section to authorise entry to premises, vehicles, vessels and places where police suspect a high risk missing person (defined in the amended section) is located, or in which information that may assist a high risk missing person to be located may be found.

The clause inserts procedural provision in relation to how authorisations under the amended section can be granted, and the duration of authorisations.

4—Insertion of section 83D

This clause inserts new section 83D into the principal Act, providing an ability for senior police officers to apply to the Supreme Court for a high risk missing person warrant. An application for a warrant may be made without notice to the owner or occupier of the relevant premises etc. A warrant can be issued whether or not an authorisation under section 83C(1a) has been granted, or whether or not a warrant has previously been issued in relation to the premises etc in relation to the relevant missing person.

A warrant remains in force for a specified period of up to 90 days, and can be extended for up to a further 90 days. However, a warrant must be revoked if the missing person is located.

The Hon. J.A.W. GARDNER (Morialta) (16:13): I am grateful for the opportunity to speak on the Summary Offences (High Risk Missing Persons) Amendment Bill. I have appreciated the opportunity to hear from the minister. I am also much persuaded by some of the points made by the Hon. Nicola Centofanti in the other house and for the benefit of members in this house, I want to share some of her comments—and I will paraphrase—and speaking again as lead speaker on behalf of the opposition I appreciate the opportunity to take my full measure.

This bill was introduced by the Attorney-General earlier this month and seeks to amend the Summary Offences Act 1953 so that a proportionate set of tools can be made available to police in order to respond to missing persons cases designated to be at high risk. We, of course, support the rapid and lawful search activities being enabled by these reforms, especially where there is a vulnerable person who is missing and where, even in the absence of suspected criminality, urgent action is required.

Sir, as you would be aware from your time as a police minister, there is a legislative model in Queensland that was recently reviewed. That review found that, while powers are rarely invoked, there is a benefit in that they can be critical to enable an investigation to progress in order that a missing person may be located as swiftly as possible.

Clause 3 of this bill makes an amendment to section 83C so that a senior police officer may provide the relevant authorisation for entry to a specified premises or a vehicle or a vessel or a place for up to 48 hours for the purpose of enabling the investigation and taking whatever action is necessary to locate a high-risk missing person. In relation to who is a high-risk missing person, it is a missing child under 14 or any individual who police reasonably believe may suffer serious harm if not found urgently.

Clause 4 inserts new section 83D into the act. That allows a senior police officer to seek a warrant from a judge in similar circumstances. A warrant under this provision can remain in force not just for the 48 hours that the senior police officer's own authority can provide for but, indeed, for up to 90 days so that in cases where there are more complex or extended searches that are necessary, that ongoing lawful authority remains. SAPOL has advised that, having discussed the matter with their colleagues in Queensland, they consider these powers to be valuable but, indeed, tightly bounded—rarely used, but essential when time is critical.

Clearly, it is important that these measures have safeguards. Clearly, it is important that the public has confidence and, indeed, that police have confidence in their own powers to do this work rapidly as necessary to locate vulnerable people. The Liberal Party is satisfied in the safeguards and satisfied in the intent and supports the bill.

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (16:16): I knew that I was right in pre-emptively thanking the member for Morialta; it was a fine contribution. I commend the bill to the house.

Bill read a second time.

Third Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (16:17): I move:

That this bill be now read a third time.

Bill read a third time and passed.