Queensland Parliament sat from 23 May to 25 May 2023.
Bills introduced
The following Bills were introduced into the Legislative Assembly:
- Justice and Other Legislation Amendment Bill 2023
Justice and Other Legislation Amendment Bill 2023
On 25 May 2023, the Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D’Ath, introduced the Justice and Other Legislation Amendment Bill 2023.
The purpose of the Bill is to clarify, strengthen, and update legislation concerning the administration of justice, including legislation relating to the operation of courts and tribunals, the regulation of the legal profession, the conduct of civil proceedings and electoral matters. The Bill also enables better recognition of the deaths of unborn children as a result of criminal conduct.
Specific amendments contained in the Bill aim to:
- Modernise the Appeal Costs Fund Act 1973 and improve its current fee and administrative arrangements.
- Replace the Court Funds Act 1973 with a new, modernised court funds legislative framework under the Civil Proceedings Act 2011 (Civil Proceedings Act).
- Clarify the operation of a provision of the Civil Proceedings Act with respect to payment of interest on a money order debt.
- Recognise interstate cremation permits issued by coroners in other jurisdictions under the Cremations Act 2003.
- Remove restrictions in the Criminal Law (Sexual Offences) Act 1978 which prohibit identification of an adult defendant charged with a prescribed sexual offence prior to finalisation of committal proceedings.
- Clarify the scope of the offence of assisting in the performance of a termination of pregnancy under section 319A of the Criminal Code with respect to “supplying or procuring the supply of a termination drug” to address concerns that the offence might apply more widely than originally intended and extend to a person providing financial support to a pregnant person to access a lawful termination.
- Amend the District Court of Queensland Act 1967 and the Magistrates Courts Act 1921 to allow the courts to make preliminary disclosure orders.
- Make improvements to the Electoral Act 1992 to enfranchise voters and optimise administrative efficiency ahead of the 2024 state general election.
- Amend section 52 of the Human Rights Act 2019 to provide that, in a proceeding in the Land Court or Land Appeal Court, a party to the proceeding must give notice in the approved form to the Attorney-General and the Queensland Human Rights Commission in certain circumstances.
- Amend the Justices of the Peace and Commissioners for Declarations Act 1991 to enhance appointment, disqualification and complaints processes and conduct standards for Justices of the Peace and Commissioners for Declarations.
- Address issues that have arisen in the implementation of amendments made to the Oaths Act 1867 by the Justice and Other Legislation Amendment Act 2021.
- Address the increasing risk to clients’ privacy and confidentiality arising from the prolonged retention of client documents by law practices, the Queensland Law Society and community legal centres, and the mounting substantial costs associated with securely storing large volumes of client files that are no longer of utility in the Legal Profession Act 2007 (LP Act).
- Reduce the regulatory burden for law practices while promoting costs transparency for consumers of legal services through changes to cost disclosure obligations under the LP Act.
- Streamline processes around the advertising and appointment of various positions within the Queensland Civil and Administrative Tribunal under the Queensland Civil and Administrative Tribunal Act 2009.
- Streamline the notification requirement for admission guidelines issued under the Supreme Court of Queensland Act 1991.
- Remove public accountants from the scope of the Trust Accounts Act 1973.
The Bill amends the:
- Acts Interpretation Act 1954
- Appeal Costs Fund Act 1973
- Attorney-General Act 1999
- Civil Liability Act 2003
- Civil Proceedings Act 2011
- Cremations Act 2003
- The Criminal Code
- Criminal Law (Sexual Offences) Act 1978
- District Court of Queensland Act 1967
- Electoral Act 1992
- Funeral Benefit Business Act 1982
- Human Rights Act 2019
- Justices of the Peace and Commissioners for Declarations Act 1991
- Justices Regulation 2014
- Legal Profession Act 2007
- Legal Profession Regulation 2017
- Limitation of Actions Act 1974
- Magistrates Act 1991
- Magistrates Courts Act 1921
- Motor Accident Insurance Act 1994
- Oaths Act 1867
- Oaths Regulation 2022
- Ombudsman Act 2001
- Penalties and Sentences Act 1992
- Personal Injuries Proceedings Act 2002
- Public Guardian Act 2014
- Queensland Civil and Administrative Tribunal Act 2009
- Referendums Act 1997
- Statutory Instruments Act 1992
- Supreme Court of Queensland Act 1991
- Trust Accounts Act 1973
- Uniform Civil Procedure (Fees) Regulation 2019
- Victims of Crime Assistance Act 2009
- Youth Justice Act 1992
- and the legislation mentioned in schedule 1 of the Bill.
The Bill repeals the:
- Court Funds Act 1973
Useful resources:
The Bill was referred to the Legal Affairs and Safety Committee for inquiry. Submissions to the inquiry will close on 22 June 2023 and a public hearing is scheduled to be held on 10 July 2023. For more details regarding the inquiry process, visit the committee website.
Legislation passed this Parliament
The following legislation was passed by the Legislative Assembly:
- Tobacco and Other Smoking Products Amendment Bill 2023
- Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Bill 2022
- Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022
- Waste Reduction and Recycling and Other Legislation Amendment Bill 2023
Tobacco and Other Smoking Products Amendment Bill 2023
On 14 March 2023, the then Minister for Health and Ambulance Services, Yvette D’Ath, introduced the Tobacco and Other Smoking Products Amendment Bill 2023.
The Bill was referred to the Health and Environment Committee for inquiry.
The Bill was passed with amendment on 25 May 2023.
The objective of the Bill is to amend the Tobacco and Other Smoking Products Act 1998 to reduce the smoking rate in Queensland and provide the community with further protections from second-hand smoke and the illicit tobacco trade.
Amendments were moved during consideration in detail to achieve its policy objectives by correcting two drafting errors:
- Clause 40(4) makes a technical amendment to section 26Y(2), to replace the words ‘a direction to stop the contravention’ with ‘the direction’.
- Clause 47(3) omits section 26ZKD(2) and replaces it with an expanded subsection (2). This will ensure the existing no-smoking buffer zone around an under-age sporting event also applies to an organised children’s activity.
The Bill amends the:
- Forestry Act 1959
- Police Powers and Responsibilities Act 2000
- Recreation Areas Management Act 2006
- Tobacco and Other Smoking Products Act 1998
Useful resources:
- Parliamentary report
- Bill
- Explanatory note
- Statement of compatibility
- Explanatory speech
- Committee
- Amendment in committee – Government agreed
- Amendment in committee – Explanatory note
- Amendment in committee – Statement of compatibility
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 Bill was initially referred to the Legal Affairs and Safety Committee for inquiry. On 1 December 2022, the Bill was re-referred to the Education, Employment and Training Committee for detailed consideration.
The Bill was passed without amendment on 23 May 2023.
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, 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, 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 by updating out-dated terminology within the Corrective Services Act 2006.
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
Queensland Law Society provided a submission on the Bill, which can be found here.
Useful resources:
Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022
On 1 December 2022, the then 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 Bill was referred to the Legal Affairs and Safety Committee for inquiry.
The Bill was passed with amendment on 23 May 2023.
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.
Amendments were moved during consideration in detail to achieve its policy objectives by:
- amending clause 16 of the Bill to remove references to the Subcommittee interviewing a person during a visit, to ensure the Bill does not inadvertently limit the ability of the Subcommittee to interview a detainee
- removing clauses 15(2)(b) and 16(2)(b) and specific reference to ‘legal guardian’ to ensure the Bill reflects the policy intent. Consent of a person is still required to participate in an interview or release identifying information to the Subcommittee, and
- amending clause 19 to include an additional example of detriment, namely prejudice to the person’s wellbeing, including intimidation or harassment of the person.
Queensland Law Society provided a submission on the Bill, which can be found here.
Useful resources:
- Parliamentary report
- Bill
- Explanatory note
- Statement of compatibility
- Explanatory speech
- Committee
- Amendment in committee – Government agreed
- Amendment in committee – Explanatory note
- Amendment in committee – Statement of compatibility
Waste Reduction and Recycling and Other Legislation Amendment Bill 2023
On 22 February 2023, the then Minister for the Environment and the Great Barrier Reef and Minister for Science and Youth Affairs, Meaghan Scanlon, introduced the Waste Reduction and Recycling and Other Legislation Amendment Bill 2023.
The Bill was referred to the Health and Environment Committee for inquiry.
The Bill was passed with amendment on 24 May 2023.
The policy objectives of the Bill are to:
- Enable a thing to be prescribed by regulation to not be a waste, and move the definition of waste from the Environmental Protection Act 1994 (EP Act) to the Waste Reduction and Recycling Act 2011 (WRR Act).
- Remove the automatic levy exemption for clean earth and then remove the definition of ‘clean earth’, to take effect from 1 July 2023.
- Ban the outdoor release of any number of lighter-than-air balloons, from 1 September 2023.
- Enable the chief executive to make a decision about amending or suspending a Resource Recovery Area declaration.
- Enable the chief executive to make a decision about making a payment to a local government to mitigate direct effects of the waste levy on households in a local government area.
- Include the circular economy principle as a principle under the WRR Act.
- Change the review date for the state’s Waste Strategy from three to five years.
- Set an expiry date of 31 December 2025 for the exemption from the ban for a single-use plastic item that is an integral part of a shelf-ready product (such as a plastic straw attached to a juice box).
The Bill includes consequential amendments to the Biosecurity Act 2014 and the Rural and Regional Adjustment Regulation 2011 as a result of moving the definition of waste from the EP Act to the WRR Act.
Amendments were moved during consideration in detail to achieve its policy objectives by inserting new clauses 19A and 19B into the Bill to change the review periods for a local government to review a local government’s waste reduction and recycling plan from three to five years, and changing the review period for state entity waste plans from three to five years.
The Bill amends the:
- Environmental Protection Act 1994
- Waste Reduction and Recycling Act 2011
- and the Acts mentioned in schedule 1 of the Bill
Useful resources:
- Parliamentary report
- Bill
- Explanatory note
- Statement of compatibility
- Explanatory speech
- Committee
- Amendment in committee – Government agreed
- Amendment in committee – Explanatory note
- Amendment in committee – Statement of compatibility
Second reading
Water Legislation Amendment Bill 2022
On 25 May 2023, the second reading for the Water Legislation Amendment Bill 2022 was adjourned.
Useful resources:
Subordinate legislation
Subordinate Queensland legislation notified in 2023 is available online.
Subordinate legislation notified on the Queensland Legislation website from 13 May to 26 May 2023:
- SL No.39 of 2023: Transport Legislation Amendment Regulation (No.2) 2023
- SL No.40 of 2023: Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2023
- SL No.41 of 2023: Major Events (Motor Racing Events) (Townsville 500) Amendment Regulation 2023
- SL No.42 of 2023: Public Trustee (Interest Rate) Amendment Regulation (No.5) 2023
Queensland Government Gazette
The Queensland Government Gazettes for 2023 are available online.
Parliamentary sitting dates
As indicated on the parliamentary website, the Queensland Parliament is currently scheduled to next sit from 13 June to 16 June 2023.
Wendy Devine is QLS Principal Policy Solicitor and Jaime Gunning is a Law Clerk on the QLS policy team.
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