Bills

Summary Offences (High Risk Missing Persons) Amendment Bill

Introduction and First Reading

The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (11:03): Obtained leave and introduced a bill for an act to amend the Summary Offences Act 1953. Read a first time.

Second Reading

The Hon. K.J. MAHER (Deputy Premier, Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (11:03): I move:

That this bill be now read a second time.

Today, I introduce the Summary Offences (High Risk Missing Persons) Amendment Bill 2025. 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 the members of our community safe.

Today, we are introducing another protection measure to confer additional powers on police in relation to high-risk missing persons based on 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 police 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 that definition, the missing person must be under the age of 13, or their circumstances raise 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 person 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 this 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 1953to 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 where a police officer reasonably suspects that the missing person 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, or is likely to be, significant and longstanding.

The bill sets out a number of factors that a police officer may have regard to in 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 that where a senior police officer has reasonable grounds to suspect that a high-risk missing person or information that may assist in locating a high-risk missing person may be in or on a specified premises, vehicle, vessel or other place, they may authorise a police officer to enter for the purpose 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 members and seek leave to insert the explanation of clauses 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 s83C(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.

Debate adjourned on motion of Hon. N.J. Centofanti.