Further consideration and consultation is required with stakeholders to determine the impacts of this recommendation for Queensland. State and territory governments should For further consideration introduce legislation to require sentencing Sentencing in Queensland is governed courts, when setting a sentence in relation to by the Penalties and Sentences Act child sexual abuse offences involving multiple 1992. Queensland has a general discrete episodes of offending and/or where presumption in favour of concurrent there are multiple victims, to indicate the sentencing, however there is no sentence that would have been imposed for legislative provision providing for each offence had separate sentences been aggregate sentences. imposed. Further consideration and consultation with stakeholders whether Queensland’s existing provisions and practices meet the intent of the recommendation. State and territory governments should For further consideration introduce legislation to provide that sentences Sentencing in Queensland is governed for child sexual abuse offences should be set by the Penalties and Sentences Act in accordance with the sentencing standards 1992. at the time of sentencing instead of at the time of the offending, but the sentence must be Further consideration and consultation is limited to the maximum sentence available for required with stakeholders to determine the offence at the date when the offence was the impacts of this recommendation for committed. Queensland. For further consideration State and territory governments, in Penalties and Sentences Queensland’s consultation with their respective Directors of Act 1992 contains provisions for the Public Prosecutions, should improve the giving of victim impact statements in information provided to victims and survivors certain circumstances. of child sexual abuse offences to: give them a better understanding of VAQ and Queensland Courts publish a the role of the victim impact statement range of information for victims of crime, in the sentencing process including A Guide for Victims of Crime in better prepare them for making a Queensland. victim impact statement, including in relation to understanding the sort of The Charter of Rights, set out in Victims’ content that may result in objection the Victims of Crime Assistance Act being taken to the statement or parts 2009, describes the treatment victims can of it. expect to receive from Queensland Government agencies, their officers and funded non-government agencies that provide services to victims of crime. The Guidelines for the Office of Director’s the Director of Public Prosecution are available online. Director Guideline No.5 provides general guidelines for dealing with victims and outlines information that should be provided to victims including information on making a victim impact statement.
Further consideration and consultation is required with stakeholders to determine the impacts of this recommendation for Queensland. State and territory governments should introduce legislation to require sentencing courts, when setting a sentence in relation to child sexual abuse offences involving multiple discrete episodes of offending and/or where there are multiple victims, to indicate the sentence that would have been imposed for each offence had separate sentences been imposed. For further consideration Sentencing in Queensland is governed by the Penalties and Sentences Act 1992. Queensland has a general presumption in favour of concurrent sentencing, however there is no legislative provision providing for aggregate sentences. Further consideration and consultation with stakeholders whether Queensland’s existing provisions and practices meet the intent of the recommendation. State and territory governments should introduce legislation to provide that sentences for child sexual abuse offences should be set in accordance with the sentencing standards at the time of sentencing instead of at the time of the offending, but the sentence must be limited to the maximum sentence available for the offence at the date when the offence was committed. For further consideration Sentencing in Queensland is governed by the Penalties and Sentences Act 1992. Further consideration and consultation is required with stakeholders to determine the impacts of this recommendation for Queensland. State and territory governments, in consultation with their respective Directors of Public Prosecutions, should improve the information provided to victims and survivors of child sexual abuse offences to: give them a better understanding of the role of the victim impact statement in the sentencing process better prepare them for making a victim impact statement, including in relation to understanding the sort of content that may result in objection being taken to the statement or parts of it. For further consideration Queensland’s Penalties and Sentences Act 1992 contains provisions for the giving of victim impact statements in certain circumstances. VAQ and Queensland Courts publish a range of information for victims of crime, including A Guide for Victims of Crime in Queensland. The Charter of Victims’ Rights, set out in the Victims of Crime Assistance Act 2009, describes the treatment victims can expect to receive from Queensland Government agencies, their officers and funded non-government agencies that provide services to victims of crime. The Director’s Guidelines for the Office of the Director of Public Prosecution are available online. Director Guideline No.5 provides general guidelines for dealing with victims and outlines information that should be provided to victims including information on making a victim impact statement.
gov-response-royal-commision-child-abuse.docx