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Parliamentary update: 29 November to 2 December 2022

Queensland Parliament sat from 29 November to 2 December 2022.

Bills introduced

The following Bills were introduced into the Legislative Assembly:

  • Births, Deaths and Marriages Registration Bill 2022
  • Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Bill 2022
  • Health and Other Legislation Amendment Bill 2022
  • Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Bill 2022
  • Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022
  • Petroleum and Gas (Production and Safety) (Royalties and Cost of Living Relief) Amendment Bill 2022
  • Police Powers and Responsibilities (Jack’s Law) Amendment Bill 2022
  • Police Powers and Responsibilities and Other Legislation Amendment Bill 2022

Births, Deaths and Marriages Registration Bill 2022

On 2 December 2022, the Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence, Shannon Fentiman, introduced the Births, Deaths and Marriages Registration Bill 2022.

The Bill repeals and replaces the existing Births, Deaths and Marriages Registration Act 2003 (BDMR Act) to ensure registration services remain relevant, responsive and contemporary.

The key objectives of the Bill are to:

  • strengthen the legal recognition of trans and gender diverse people
  • better recognise contemporary family and parenting structures
  • facilitate improvements in the operations of the registry
  • support fraud prevention and minimise misuse of the life event system
  • clarify the information collection, use and sharing powers of the registrar.

The Bill amends the:

  • Adoption Act 2009
  • Anti-Discrimination Act 1991
  • Coroners Act 2003
  • Corrective Services Act 2006
  • Dangerous Prisoners (Sexual Offenders) Act 2003
  • Guardianship and Administration Act 2000
  • Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
  • Powers of Attorney Act 1998

Useful resources:

The Bill was referred to the Legal Affairs and Safety Committee for inquiry. Submissions to the inquiry will close on Wednesday 11 January 2023 and a public hearing is scheduled to be held on Monday 23 January 2023. For more details regarding the inquiry process, visit the committee’s website.

Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Bill 2022

On 29 November 2022, the Minister for Police and Corrective Services and Minister for Fire and Emergency Services, Mark Ryan, introduced the Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Bill 2022.

The main objectives of the Bill are to:

  • Modernise emergency response powers to facilitate better responses to situations that threaten the health and safety of prisoners, detainees, corrective services officers (CSOs), detention centre staff, or other people at a corrective services facility or youth detention centre.
  • Criminalise the use of drones over corrective services facilities and youth detention centres, and entry onto rooftops and other restricted areas of corrective services facilities to address evolving behaviour that presents new risks to the safety of custodial facilities.
  • Provide clear authority to use x-ray body scanners, closed circuit television (CCTV), body-worn cameras and other emerging technologies to maintain safety and monitor threats within the closed correctional environment.
  • Enhance information-sharing powers to promote prisoner health and wellbeing, support frontline service delivery and interagency collaboration.
  • Update the prisoner security classification framework to better align with corrective services facility infrastructure and appropriately respond to risk.
  • Clarify sentence calculation issues, enable the effective operation of the Official Visitor Scheme, and support the delivery of prisoner health services provided by Queensland Health (QH) by updating out-dated terminology within the Corrective Services Act 2006 (CSA).

The Bill amends the:

  • Corrective Services Act 2006
  • Corrective Services Regulation 2017
  • Inspector of Detention Services Act 2022
  • Justice and Other Information Disclosure Act 2008
  • Medicine and Poisons (Medicines) Regulation 2021
  • Mental Health Act 2016
  • Penalties and Sentences Act 1992
  • Police Powers and Responsibilities Act 2000
  • Public Guardian Act 2014
  • Youth Justice Act 1992

Useful resources:

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

Health and Other Legislation Amendment Bill 2022

On 29 November 2022, the Minister for Health and Ambulance Services, Yvette D’Ath, introduced the Health and Other Legislation Amendment Bill 2022.

The objectives of the Bill are to:

  • facilitate initiatives that promote Queenslanders’ health
  • support the provision of health services in Queensland
  • improve the operation of health portfolio and related legislation

The Bill amends the:

  • Hospital and Health Boards Act 2011
  • Medicines and Poisons Act 2019
  • Mental Health Act 2016
  • Public Health Act 2005
  • Radiation Safety Act 1999
  • Recording of Evidence Act 1962
  • Transplantation and Anatomy Act 1979
  • Water Fluoridation Act 2008

Useful resources:

The Bill was referred to the Health and Environment Committee for inquiry. Submissions to the inquiry will close on Friday 13 January 2023 with a public hearing to be held on a date to be confirmed. For details regarding the inquiry process, visit the committee’s website.

Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Bill 2022

On 1 December 2022, the Deputy Premier and Minister for State Development, Infrastructure, Local Government and Planning and Minister Assisting the Premier on Olympics Infrastructure, Steven Miles, introduced the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Bill 2022.

The main objectives of the Bill are to:

  • implement the Government’s policy in relation to the recommendations of the Economics and Governance Committee in its Report No.47, 56th Parliament, ‘Inquiry into the feasibility of introducing expenditure caps for Queensland local government elections’, tabled on 15 September 2020
  • reflect the outcomes of further analysis and consultation in the final design of the local government electoral expenditure caps scheme
  • ensure and reinforce the equitable conduct of Queensland local government elections, including by minimising the risk of unequal participation in the electoral process (including uneven financial competition between candidates) and ensuring a fair opportunity to participate.

The Bill amends the:

  • City of Brisbane Act 2010
  • Local Government Act 2009
  • Local Government Electoral Act 2011

Useful resources:

The Bill was referred to the State Development and Regional Industries Committee for inquiry. Submissions to the inquiry will close on Friday 20 January 2023 and a public hearing is scheduled to be held on Thursday 2 February 2023. For more details on the inquiry process, visit the committee’s website.

Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022

On 1 December 2022, the Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence, Shannon Fentiman, introduced the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022.

The purpose of the Bill is to facilitate visits by the United Nations Subcommittee on Prevention of Torture (the Subcommittee) to places of detention in Queensland.

The Bill achieves the policy objectives by establishing a standalone legislative framework to facilitate Subcommittee visits to places of detention in Queensland by:

  • providing the Subcommittee with access to places of detention
  • allowing the Subcommittee to access information for the purpose of fulfilling its functions under OPCAT
  • allowing the Subcommittee to interview persons who are detained and other relevant persons, and
  • protecting persons who provide information to, or assist the Subcommittee from reprisals.

The Bill also contains necessary safeguards to enable detaining authorities to preserve privacy, security, good order, welfare and safety in places of detention during visits by the Subcommittee.

Useful resources:

The Bill was referred to the Legal Affairs and Safety Committee for inquiry. Submissions to the inquiry will close on Wednesday 11 January 2023 and a public hearing is scheduled to be held on Monday 23 January 2023. For more details regarding the inquiry process, visit the committee’s website.

Petroleum and Gas (Production and Safety) (Royalties and Cost of Living Relief) Amendment Bill 2022

On 30 November 2022, the Member for South Brisbane, Amy McMahon, introduced the Petroleum and Gas (Production and Safety) (Royalties and Cost of Living Relief) Amendment Bill 2022 (a private member’s bill).

According to the explanatory notes, the Bill committed the Government to introducing a $500 cost-of-living payment for every adult aged 18 and above, residing in Queensland as at 30 November 2022, funded by tripling the top tier of gas royalties during 2023.

The Bill was discharged on the same day it was introduced. The Speaker ruled the Bill out of order on two bases. Firstly, it was a revenue Bill introduced by a private member. Secondly, it was an appropriation bill without a message and thus was contrary to section 68 of the Constitution of Queensland 2001. It was therefore ruled out of order and was discharged from the Notice Paper.

Useful resources:

Police Powers and Responsibilities (Jack’s Law) Amendment Bill 2022

On 30 November 2022, the Minister for Police and Corrective Services and Minister for Fire and Emergency Services, Mark Ryan, introduced the Police Powers and Responsibilities (Jack’s Law) Amendment Bill 2022.

The objective of the Bill is to extend and expand the trial of hand-held scanner provisions to detect unlawfully possessed knives beyond the Surfers Paradise and Broadbeach safe night precincts.

The Bill amends the:

  • Police Powers and Responsibilities Act 2000

Useful resources:

The Bill was referred to the Community Support and Services Committee for inquiry. Submissions to the inquiry will close on Friday 20 January 2023 and public hearings are scheduled to be held in Brisbane and the Gold Coast on 30 January 2023. For more details regarding the inquiry process, visit the committee’s website.

Police Powers and Responsibilities and Other Legislation Amendment Bill 2022

On 30 November 2022, the Minister for Police and Corrective Services and Minister for Fire and Emergency Services, Mark Ryan, introduced the Police Powers and Responsibilities and Other Legislation Amendment Bill 2022.

The objectives of the Bill are to:

  • strengthen child protection laws by increasing the periods for which an offender is required to report under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 (CPOROPO Act)
  • improve the ability of the Queensland Police Service (QPS) to investigate cybercrime and offences committed by reportable offenders by making certain offences against the Criminal Code and the CPOROPO Act relevant offences for controlled operations and surveillance device warrants in Schedule 2 of the Police Powers and Responsibilities Act 2000
  • enhance the capacity of the QPS to investigate organised crime by facilitating the use of civilian participants in controlled activities in certain limited circumstances, and
  • strengthen laws to deter hooning behaviour by creating additional offences under the Transport Operations (Road Use Management) Act 1995 and the Summary Offences Act 2005 and increasing the penalties that apply for an offence under s211 TORUM-VR Regulation.

The Bill amends the:

  • Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
  • Police Powers and Responsibilities Act 2000
  • Summary Offences Act 2005
  • Transport Operations (Road Use Management – Accreditation and Other Provisions) Regulation 2015
  • Transport Operations (Road Use Management) Act 1995
  • Transport Operations (Road Use Management – Vehicle Registration) Regulation 2021

Useful resources:

The Bill was referred to the Economics and Governance Committee for inquiry. Details of the inquiry process, including the closing date for submissions, will be published on the committee’s website. The committee is due to table its report by 17 February 2023.

Legislation passed this Parliament

The following legislation was passed by the Legislative Assembly:

  • Animal Care and Protection Amendment Bill 2022
  • Integrity and Other Legislation Amendment Bill 2022
  • Public Sector Bill 2022

Animal Care and Protection Amendment Bill 2022

On 12 May 2022, the Minister for Agricultural Industry Development and Fisheries and Minister for Rural Communities, Mark Furner, introduced the Animal Care and Protection Amendment Bill 2022.

The Bill was referred to the State Development and Regional Industries Committee for inquiry.

The Bill was passed without amendment on 2 December 2022.

The objective of the Bill is to modernise animal welfare laws to reflect contemporary science, community attitudes, and expectations by:

  • facilitating the ethical use of animals for scientific purposes while ensuring that animal welfare is not compromised
  • strengthening enforcement powers to address risks to animal welfare by clarifying or prescribing new offences, such as an ‘aggravated’ breach of duty of care offence
  • prohibiting inhumane practices, such as the use of particular poisons on pest or feral animals, firing or blistering of the legs of horses and dogs, and the use of prong collars on cats and dogs
  • providing for an approved cattle procedures accreditation scheme to enable a person to gain accreditation to perform a cattle procedure
  • clarifying the law and removing redundant provisions
  • implementing recommendations from the Martin Inquiry, including those relating to the monitoring of livestock slaughter facilities
  • implementing government-supported recommendations of the Queensland Audit Office report, aimed at strengthening the oversight of RSPCA inspectors.

The Bill amends the:

  • Animal Care and Protection Act 2001
  • Animal Care and Protection Regulation 2012
  • Disability Services Act 2006
  • Racing Integrity Act 2016
  • Veterinary Surgeons Act 1936
  • Veterinary Surgeons Regulation 2016

Useful resources:

Integrity and Other Legislation Amendment Bill 2022

On 14 October 2022, the Premier and Minister for the Olympics, Annastacia Palaszczuk, introduced the Integrity and Other Legislation Amendment Bill 2022.

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

The Bill was passed with amendment on 30 November 2022.

The policy objectives of the Bill are to better promote the independence and authority of the Queensland Auditor-General, the Queensland Ombudsman and the Queensland Integrity Commissioner, by implementing some of the recommendations from the ‘Strategic Review of the Integrity Commissioner’s Functions’ and the ‘Let the Sunshine In: Review of culture and accountability in the Queensland public sector’.

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

  • the Bill to remove clause 15 (Audits at request of Legislative Assembly), and
  • the Magistrates Act to retrospectively validate (by declaration) the appointment of, and exercise of jurisdiction by, the invalidly appointed acting magistrates.

The Bill amends the:

  • Auditor-General Act 2009
  • Integrity Act 2009
  • Ombudsman Act 2001
  • Public Sector Act 2022
  • Superannuation (State Public Sector) Act 1990

Useful resources:

Public Sector Bill 2022

On 14 October 2022, the Premier and Minister for the Olympics, Annastacia Palaszczuk, introduced the Public Sector Bill 2022.

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

The Bill was passed with amendment on 30 November 2022.

The policy objective of the Bill is to implement stage two public sector legislative reforms arising from the recommendations of an independent review of public sector employment laws by Peter Bridgman, titled ‘A Fair and Responsive Public Service for All’.

The Bill builds upon stage one reforms and implements stage two legislative reforms. In particular, the Bill gives effect to the Bridgman Review’s primary recommendation to provide all public sector employees with a modern, simplified and employee-focused legislative framework that can further the Government’s commitment to being fair, responsive and a leader in public administration.

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

  • amending clause 12 of the Bill to ensure a person is a public sector employee if another Act contemplates their employment under the new Public Sector Act
  • amending the permanency of employment provisions in clause 81 of the Bill to clarify the intended operation of those provisions;
  • amending clause 112 of the Bill to clarify that if a chief executive of a public sector employee is permitted or required to offer to convert the employee’s employment to a permanent basis under chapter 3, part 9, division 1 of the Bill, the employee can be employed on a permanent basis, despite anything in another Act
  • amending clause 254(2) of the Bill to include references to the Electoral Commission of Queensland (ECQ) and Queensland Human Rights Commission (QHRC) such that they are excluded from the scope of the Bill’s public sector review framework
  • amending clause 268 of the Bill to ensure that civil liability protection is extended to all associates to judges and members of courts of record including the Land Court
  • amending the Electoral Act and the Anti-Discrimination Act to ensure the ECQ and QHRC respectively are subject to periodic strategic reviews; and
  • amending schedule 1 of the Bill to include the Gasfields Commission as a section 9(b) public service entity.

The Bill amends the:

  • Ambulance Service Act 1991
  • Crime and Corruption Act 2001
  • Fire and Emergency Services Act 1990
  • Legal Aid Queensland Act 1997
  • Ombudsman Act 2001
  • Supreme Court Library Act 1968
  • TAFE Queensland Act 2013
  • and the Acts mentioned in schedule 3 of the Bill

The Bill repeals the:

  • Public Service Act 2008

Queensland Law Society provided a submission on the Bill.

Useful resources:

Subordinate legislation

Subordinate Queensland Legislation notified in 2022 is available online.

Subordinate Legislation notified on the Queensland Legislation website from 21 November to 2 December 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 21 February to 23 February 2023.

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