Queensland Numbered Acts

CORRECTIVE SERVICES (PROMOTING SAFETY) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 43

43 Insertion of new s 173B

After section 173A —
insert —

173B Body-worn camera used by corrective services officer outside corrective services facility

(1) Subject to this section, a corrective services officer is authorised to use a body-worn camera while acting in the performance of the officer’s duties outside a corrective services facility.

(2) A body-worn camera may only be used outside a corrective services facility to record or monitor activity when the corrective services officer—

(a) has a prisoner under the officer’s control; or

(b) is responding to an incident; or

(c) is using, or considering using, force under chapter 3, part 5; or

(d) believes there is an imminent and significant risk to the life, health or safety of an individual; or

(e) believes that an offence or breach of discipline is being, has been or is about to be committed and that use of the device may provide evidence relevant to the offence or breach of discipline.

(3) If an activity being recorded or monitored takes place in a sensitive location, a body-worn camera may only be used if the corrective services officer believes there is an imminent and significant risk to the life, health or safety of an individual.

(4) A body-worn camera must not be used to record or monitor prisoner communication that could not be lawfully recorded or monitored under chapter 2, part 2, division 4, subdivision 3 if it took place in a corrective services facility.

(5) A body-worn camera used by a corrective services officer—

(a) must be a body-worn camera issued to the officer by the chief executive; and

(b) must not be deliberately hidden from view or disguised to look like another type of device.

(6) Use of a body-worn camera is not rendered unlawful only because it is—

(a) incidental to an authorised use; or

(b) inadvertent or unexpected.

(7) This section is a provision authorising the use of a listening device for the purposes of the Invasion of Privacy Act 1971 , section 43(2)(d).

(8) The administrative procedures made by the chief executive under section 265 must include requirements about the use, storage and destruction of recordings made by corrective services officers using body-worn cameras outside a corrective services facility.

(9) In this section—

"body-worn camera" means a prescribed surveillance device under section 173A—

(a) worn on clothing or otherwise secured on a person; and

(b) designed to be used to—

(i) record images; or

(ii) record images and sounds.

"sensitive location" means any of the following—

(a) a room or other place where a court, tribunal or commission established under an Act is sitting;

(b) a room or other place, other than a patient waiting area, where a person is being personally assessed or treated by a health practitioner or authorised mental health service;

(c) a building or other place that is a place of worship;

(d) a building or part of a building that is a private residence;

(e) a room or other place where a person might reasonably be expected to be engaged in—

(i) showering, bathing or using a toilet; or

(ii) some other activity involving a state of undress; or

(iii) an intimate sexual activity not ordinarily done in public;

(f) a location prescribed by regulation to be a sensitive location.