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Parliamentary update: 25 October to 28 October 2022

Queensland Parliament sat from 25 October to 28 October 2022.

Bills introduced

The following Bills were introduced into the Legislative Assembly:

  • Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022
  • Land Tax and Other Legislation (Empty Homes Levy) Amendment Bill 2022
  • Housing Legislation Amendment Bill 2022
  • Police Service Administration and Other Legislation Amendment Bill (No.2) 2022

Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022

On 26 October 2022, the Minister for Police and Corrective Services and Minister for Fire and Emergency Services, Mark Ryan MP, introduced the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022.

The main objectives of the Bill are to:

  • ensure the provisions of the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, which underpin the child protection registry scheme, reflect changing offending patterns and behaviours; and
  • enhance the ability for the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 and the Police Powers and Responsibilities Act 2000 (PPRA) to provide for the protection of the lives of children and their sexual safety.

The Bill also:

  • addresses advances in technology by imposing greater restrictions around digital applications that hide information held on a device
  • targets online and digital offending by expanding the range of offences that trigger device inspections under the PPRA and provide police with a power to enter a reportable offender’s residence to undertake a device inspection
  • requires reportable offenders who are convicted for failing to comply with reporting obligations under the Act to make a report of the information that was the subject of that conviction
  • allows the Police Commissioner to give information about a reportable offender to the Australian Federal Police, Australian Border Force and the Australian Department of Home Affairs for a law enforcement purpose.

The Bill amends the:

  • Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
  • Child Protection (Offender Reporting and Offender Prohibition Order) Regulation 2015
  • Police Powers and Responsibilities Act 2000

Useful resources:

The Bill was referred to the Community Support and Services Committee for inquiry. Details of the inquiry process, including closing date for submissions, will be published on the committee’s website.

Land Tax and Other Legislation (Empty Homes Levy) Amendment Bill 2022

On 26 October 2022, the Member for South Brisbane, Dr Amy McMahon MP, introduced the Land Tax and Other Legislation (Empty Homes Levy) Amendment Bill 2022 (a private member’s bill).

According to the explanatory notes, the Bill introduced a levy on empty homes and vacant land to incentivise property owners to put suitable vacant properties onto the rental market and disincentive investment in idle housing assets. The proposed levy will require owners of vacant residential land to pay a levy of 5% of the capital improved value of the land, if the land has been occupied for less than six months in a given year.

The Bill was discharged on the same day it was introduced. The Speaker ruled that the Bill sought to increase or impose revenue, and breached the fundamental constitutional convention of the financial imperative of the Crown. It was therefore out of order and was discharged from the Notice Paper.

The Bill amends the:

  • Land Tax Act 2010
  • Land Valuation Act 2010

Useful resources:

Housing Legislation Amendment Bill 2022

On 27 October 2022, the Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts, Leeanne Enoch MP, introduced the Housing Legislation Amendment Bill 2022.

The Bill aims to fulfil the objectives of the Queensland Housing Strategy 2017-2027 by:

  • assisting to boost the supply of social and affordable housing and increase private sector investment into the Queensland economy though enabling the ‘Homes for Homes’ donation deed model in Queensland
  • maintaining public confidence in the retirement village industry by increasing consumer protections and reforming the legislative framework for improved transparency, accountability and consistency of financial reporting in retirement villages.

The Bill amends the:

  • Housing Act 2003
  • Housing Regulation 2015
  • Retirement Villages Act 1999

Useful resources:

The Bill was referred to the Community Support and Services Committee for inquiry. Details of the inquiry process are available on the committee’s website. The closing date for written submissions is 17 November 2022. 

Police Service Administration and Other Legislation Amendment Bill (No.2) 2022

On 27 October 2022, Mr Ryan introduced the Police Service Administration and Other Legislation Amendment Bill (No.2) 2022.

The main objectives of the Bill are to deliver operational improvements and efficiencies for the Queensland Police Service and Queensland Fire and Emergency Services by amending a range of acts to (amongst others):

  • allow medically unfit police officers transferred to staff member positions to be employed under the Public Service Act 2008 so that appropriate employee arrangements, including discipline processes, can apply
  • insert the new offence provision, section 10.1 ‘Unauthorised use of confidential information’ into the Police Service Administration Act 1990 to more appropriately address the misuse of police information
  • update the definition of ‘external service provider’ in the Police Service Administration Act 1990 to more accurately reflect the employment practices used to manage these providers
  • remove the obligation for police officers to obtain written approval from the commissioner prior to instituting proceedings for certain offences under the Police Service Administration Act 1990
  • consolidating definitions used in the Police Service Administration Act 1990 to comply with modern drafting standards
  • clarifying the information that may be considered by the commissioner in determining if a person should be engaged or continue to be engaged by the Queensland Police Service
  • amend the Weapons Act 1990 to allow certain authorised officer powers to be delegated to police officers and QPS staff members so that licensing functions can be carried out more efficiently.

The Bill amends the:

  • Disaster Management Act 2003
  • Fire and Emergency Services Act 1990
  • Police Powers and Responsibilities Act 2000
  • Police Service Administration Act 1990
  • Police Service Administration Regulation 2016
  • Weapons Act 1990

Useful resources:

The Bill was referred to the Community Support and Services Committee for inquiry. Details of the inquiry process are available on the committee’s website. The closing date for written submissions is 17 November 2022.

Legislation passed this Parliament

The following legislation was passed by the Legislative Assembly:

  • Public Health and Other Legislation (COVID-19 Management) Amendment Bill 2022
  • Major Sports Facilities Amendment Bill 2022
  • Racing Integrity Amendment Bill 2022
  • Industrial Relations and Other Legislation Amendment Bill 2022

Public Health and Other Legislation (COVID-19 Management) Amendment Bill 2022

On 1 September 2022, the Minister for Health and Ambulance Services, Yvette D’Ath MP, introduced the Public Health and Other Legislation (COVID-19 Management) Amendment Bill 2022.

The Bill was referred to the Health and Environment Committee for detailed consideration.

The Bill was passed without amendment on 26 October 2022.

The Bill inserts temporary and more targeted powers to manage COVID-19 as a notifiable condition under the Public Health Act 2005 until 31 October 2023.

The amendments seek to provide a step-down approach to managing the pandemic response; enabling Queensland to continue to respond to serious risks to the community, protect the capacity of the health system and implement national decisions and advice about the ongoing management of COVID-19.

The powers are subject to new procedures, limitations and safeguards to enhance transparency and scrutiny of public health directions, including potential limitations on human rights.

QLS supported the introduction of the Bill and the proposed powers to manage COVID-19 in its submission and its appearance at the parliamentary public hearing. 

The Bill amends the:

  • Corrective Services Act 2006
  • Public Health Act 2005
  • State Penalties Enforcement Regulation 2014

Useful resources:

Major Sports Facilities Amendment Bill 2022

On 17 August 2022, the Minister for Tourism Innovation and Sport and Minister Assisting the Premier on Olympics and Paralympics Sport and Engagement, Stirling Hinchliffe MP, introduced the Major Sports Facilities Amendment Bill 2022.

The Bill was referred to the Economics and Governance Committee for detailed consideration.

The Bill was passed without amendment on 26 October 2022.

The objectives of the Bill are to:

  • implement all outstanding Stadium Taskforce recommendations arising from its interim and final reports that require legislative amendments to the Major Sports Facilities Act 2001
  • improve the governance, commercial agility and performance of Stadiums Queensland
  • meet public and government expectations on the management of a significant portfolio of publicly owned assets.

The Bill amends the Major Sports Facilities Act 2001.

Useful resources:

Racing Integrity Amendment Bill 2022

On 24 February 2022, the Minister for Education, Minister for Industrial Relations and Minister for Racing, Grace Grace MP, introduced the Racing Integrity Amendment Bill 2022.

The Bill was referred to the Education, Employment and Training Committee for detailed consideration.

The Bill passed without amendment on 25 October 2022.

The main objectives of the Bill are to reform the review processes for decisions made by stewards under the rules of racing by:

  • replacing the current internal and external review processes for decisions made by racing stewards under the rules of racing, with review by an independent panel
  • ensuring reviews are finalised within a reasonable timeframe
  • reducing serious welfare, human safety or integrity risks from being stayed pending hearing of an appeal by the Queensland Civil and Administrative Tribunal.

Another objective of the Bill is to allow for the publication of stewards’ reports and other reports online.

The Bill amends the Racing Integrity Act 2016.

Useful resources:

Industrial Relations and Other Legislation Amendment Bill 2022

On 23 June 2022, Ms Grace introduced the Industrial Relations and Other Legislation Amendment Bill 2022.

The Bill was referred to the Education, Employment and Training Committee for detailed consideration.

The Bill was passed with amendment on 28 October 2022.

The policy objectives of the Bill are to:

  • give effect to the Queensland Government’s response to the recommendations of the ‘Five-year Review of Queensland’s Industrial Relations Act 2016 – Final Report’, and
  • insert complementary amendments to address the risk of employers and employees being confused about the ability of entities to represent industrial interests, where the entity is not an employer or employee organisation under the Industrial Relations Act 2016, but is incorporated under the Associations Incorporations Act 1981.

The Bill intends to:

  • strengthen protections against workplace sexual harassment
  • support effective representation of employees and employers by registered industrial organisations and maintain the integrity of the registration framework for industrial organisations
  • update the Queensland Employment Standards to ensure that Queensland workers have access to entitlements which are equal to, or more favourable than, the equivalent entitlement under the Fair Work Act 2009 (Cth)
  • empower the Queensland Industrial Relations Commission to set minimum standards for independent courier drivers
  • update the collective bargaining framework to ensure access to arbitration by a single commissioner during enterprise bargaining negotiations, and include equal remuneration as an aspect of good faith bargaining
  • remove a number of redundant or superfluous provisions, including those enabling the recovery of historical employee overpayments by Queensland Health.

Amendments were moved during consideration in detail to achieve its policy objectives by:  

  • clarifying when an agent can represent a person or party in proceedings before industrial tribunals and in public service appeals
  • extending the scope of paid domestic and family violence leave to casual employees within the Queensland industrial relations jurisdiction
  • authorising specific things under independent courier provisions in new Chapter 10A for the purpose of the Competition and Consumer Act 2010 (Cth) and the Competition Code of Queensland
  • ensuring applications for incorporation under the Associations Incorporation Act 1981 must include a statutory declaration stating whether the association has an industrial purpose.

The Bill amends the:

  • Anti-Discrimination Act 1991
  • Associations Incorporation Act 1981
  • Associations Incorporation Regulation 1999
  • Industrial Relations Act 2016
  • Public Trustee Act 1978

Useful resources:

Second reading

The second reading for a number of Bills were progressed or revisited during this sitting week, including:

  • Food (Labelling of Seafood) Amendment Bill 2021
  • Building Units and Group Titles and Other Legislation Amendment Bill 2022

Food (Labelling of Seafood) Amendment Bill 2021

On 25 October 2022, the second reading for the Food (Labelling of Seafood) Amendment Bill 2021 (a private member’s bill) failed.

Useful resources:

Building Units and Group Titles and Other Legislation Amendment Bill 2022

On 28 October 2022, the second reading for the Building Units and Group Titles and Other Legislation Amendment Bill 2022 was adjourned.

Useful resources:

Subordinate legislation

Subordinate Queensland Legislation notified in 2022 is available online.

Subordinate Legislation notified on the Queensland Legislation website from 21 October 2022 to 31 October 2022:

Queensland Government Gazette

The Queensland Government Gazettes for 2022 are available online.

Parliamentary sitting dates

As indicated on the parliamentary website, the Queensland Parliament is currently scheduled to next sit on 8 November to 10 November 2022.

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