Queensland Parliament sat from 12 September to 14 September 2023
Bills Introduced
The following Bills were introduced into the Legislative Assembly:
- Emblems of Queensland and Other Legislation Amendment Bill 2023
- Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023
Emblems of Queensland and Other Legislation Amendment Bill 2023
On 14 September 2023, the Minister for Tourism, Innovation and Sport and Minister Assisting the Premier on Olympics and Paralympics Sport and Engagement, the Hon Stirling Hinchliffe MP introduced the Emblems of Queensland and Other Legislation Amendment Bill 2023.
The Bill amends the Emblems of Queensland Act 2005to officially recognise the Muttaburrasaurus langdoni as the Queensland State fossil emblem.
The Bill also includes certain amendments to various pieces of legislation to address minor and technical issues to improve and clarify parliamentary processes and procedures. This includes amendments to the:
- Crime and Corruption Act 2001 to retrospectively clarify that since 23 April 1998, members of the Parliamentary Crime and Corruption Committee and its predecessor committees have been able to participate in committee meetings in person or by telephone, video or other electronic means;
- Parliamentary Service Act 1988 to clarify that the parliamentary precinct includes the Legislative Assembly chamber and its galleries when the Legislative Assembly is sitting;
- Parliamentary Service Act 1988 to provide that in a proceeding for an offence related to a person’s behaviour on the parliamentary precinct, despite section 8 of the Parliament of Queensland Act 2001, evidence may be given in a court or other place out of the Legislative Assembly of a direction made or purportedly made by the Speaker or a person authorised to make such directions during proceedings in the Legislative Assembly
- Parliamentary Service Act 1988 to provide that the Speaker is to prepare the human rights certificate and explanatory notes for by-laws and rules made by the Speaker under the Parliamentary Service Act;
- Parliament of Queensland Act 2001 to refine the process by which a member of the Legislative Assembly in a state of ill health has their request for a proxy vote notified to the Assembly;
- Parliament of Queensland Act 2001 to retrospectively clarify that since 23 April 1998, members of parliamentary committees have been able to participate in committee meetings in person or by telephone, video or other electronic means; and
- Parliament of Queensland Act 2001 to update a number of cross references in the Act to definitions that are explained and provided for in the Electoral Act 1992.
The Bill amends the:
- Crime and Corruption Act 2001
- Emblems of Queensland Act 2005
- Parliamentary Service Act 1988
- Parliament of Queensland Act 2001
Useful resources:
The Bill was referred to the Economics and Governance Committee for inquiry. The Committee is finalising arrangements for this inquiry. For more details regarding the inquiry process, visit the committee website.
Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023
On 13 September 2023 the Deputy Premier, Minister for State Development, Infrastructure, Local Government and Planning and Minister Assisting the Premier on Olympic and Paralympic Games Infrastructure, the Hon Dr Steven Miles MP introduced the Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023.
The objectives of the Bill are to:
- implement the Government’s policy in relation to certain recommendations of the State Development and Regional Industries Committee in its Report No. 28 of the 57th Parliament ‘Inquiry into the Independent Assessor and councillor conduct complaints system’ (Councillor Conduct Report)
- make further changes to the councillor conduct complaints system, including limiting the system’s application in relation to former councillors
- further clarify and enhance the councillor conflict of interest requirements
- modernise local government advertising requirements
- provide a discretion to the Electoral Commission of Queensland in relation to the recovery of local government election costs
- make consequential amendments resulting from the change of classification for Moreton Bay Regional Council
- provide appropriate transitional arrangements for commencement of the improved councillor conduct complaints system
- make a minor amendment to the Queen’s Wharf Brisbane Act 2016.
The Bill amends the:
- City of Brisbane Act 2010
- City of Brisbane Regulation 2012
- Local Government Act 2009
- Local Government Regulation 2012
- Local Government Electoral Act 2011
- Queen’s Wharf Brisbane Act 2016
Useful resources:
The Bill was referred to the State Development and Regional Industries Committee for inquiry. The Committee is finalising arrangements for this inquiry. For more details regarding the inquiry process, visit the committee website.
Legislation passed this Parliament
The following legislation was passed by the Legislative Assembly:
- Water Legislation Amendment Bill 2022
- Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023
- Justice and Other Legislation Amendment Bill 2023
Water Legislation Amendment Bill 2022
On 12 October 2022, the Minister for Regional Development and Manufacturing and Minister for Water, the Hon Glenn Butcher MP, introduced the Water Legislation Amendment Bill 2022.
The Bill was referred to the State Development and Regional Industries Committee for inquiry.
The Bill was passed with amendment on 14 September 2023.
The primary objective of the Bill is to amend the Water Act 2000 (Water Act) to establish a regulatory framework for implementing Queensland’s strengthened policy for measuring the take of non-urban water.
The Bill proposes that entitlement holders will be required to prepare a management plan which sets out the measurement system that they will use to measure and calculate the water they take with the aim of improving the way overland flow water take is measured and reported.
The Bill includes amendments to the Water Act, the Water Supply (Safety and Reliability) Act 2008 (Water Supply Act), and the South-East Queensland Water (Distribution and Retail Restructuring Act) 2009 to improve the operational efficiency of these Acts.
It also makes minor operational and technical amendments to the framework for managing underground water.
The Bill amends the:
- South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
- Water Act 2000
- Water Supply (Safety and Reliability) Act 2008
- Water Plan (Border Rivers and Moonie) 2019
- Water Plan (Condamine and Balonne) 2019
- State Penalties Enforcement Regulation 2014
Amendments were moved during consideration in detail of the Bill to achieve its policy objectives. The objectives of the amendments are to provide additional clarify about the Bill’s proposed changes to the process for deciding an application for a water licence dealing. The amendments clarify when public notification is, and is not, required. The changes also avoid additional unintended administrative burden, while maintaining appropriate consideration of other issues.
In particular, the amendment to section 130(3):
- Clarifies that the chief executive must publish a notice of an application for a dealing with a water licence if the dealing will, or is likely to, have one or more of the following effects:
- increase the amount of water that may be taken under the licence;
- increase the rate at which water may be taken under the licence;
- change the location of taking or interference with water under the licence;
- increase or change the interference with water under the licence.
- Clarify the circumstances where the chief executive is not required to publish a notice. This has the effect that an application for a renewal or reinstatement of a water licence is not automatically required to be publicly notified.
- Remove duplicative considerations for when public notification is, and is not, required.
Useful resources:
- Bill
- Explanatory Note
- Explanatory Speech
- Statement of Compatibility
- Committee
- Amendment in Committee Government Agreed
- Amendment in Committee Explanatory Note
- Amendment in Committee Statement of Compatibility
Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023
On 20 April 2023, the Minister for Health and Ambulance Services, the Hon Yvette D’Ath MP introduced the Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023.
The Bill was referred to the Health and Environment Committee for inquiry.
The Bill was passed without amendment on 12 September 2023.
The Bill proposes to amend the Health Practitioner Regulation National Law to:
- protect the title ‘surgeon’ within the medical profession to safeguard the public and strengthen the regulation of cosmetic surgery in Australia; and
- clarify the decision-making authority of tribunals after hearing a matter about a registered health practitioner.
The Bill amends the:
- Health Practitioner Regulation National Law Act 2009
Useful resources:
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, the Hon Yvette D’Ath MP, introduced the Justice and Other Legislation amendment Bill 2023.
The Bill was referred to the Legal Affairs and Safety Committee for inquiry.
The Queensland Law Society made a submission on the Bill.
The Bill was passed with amendment on 13 September 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;
- 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;
- reduce the regulatory burden for law practices while promoting costs transparency for consumers of legal services through changes to cost disclosure obligations under the Legal Profession 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; and
- 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
- 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 Commissioner 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
Amendments were moved during consideration in detail of the Bill to achieve its policy objectives. The objectives of the amendments are to:
- To amend the commencement date of part 9 of the Bill (amendments to the Criminal Law (Sexual Offences) Act 1978 (CLSO Act)) to 3 October 2023:
- ensure the amendments commence in a timely way on a fixed date; and
- provide maximum clarity, transparency and notice to relevant stakeholders; and
- the Legal Profession Act 2007 (LP Act) to:
- clarify references to client document under proposed new section 713A (Destruction of client documents) of the LP Act to ensure it operates as intended and addresses all circumstances in which the Queensland Law Society (QLS) may hold client documents; and
- address concerns raised during the parliamentary committee process regarding the ‘disclosure threshold amount’ under section 300 (Definitions for pt 3.4) of the LP Act, as amended by the Bill.
Useful resources:
- 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
Subordinate legislation
Subordinate Queensland Legislation notified in 2023 is available online.
Subordinate legislation notified on the Queensland Legislation website from 26 August 2023 to 15 September 2023:
- SL No. 128 of 2023: Work Health and Safety (Codes of Practice) (Amusement Devices and Concrete Pumping) Amendment Notice 2023
- SL No. 129 of 2023: Mutual Recognition (Queensland) (Tasmanian Container Deposit Scheme) Amendment Regulation 2023
- SL No. 130 of 2023: Trans-Tasman Mutual Recognition (Queensland) (NT and Tasmanian Container Deposit Schemes) Notice 2023
- SL No. 131 of 2023: State Penalties Enforcement and Other Legislation Amendment Regulation 2023
- SL No. 132 of 2023: Local Government (Fraser Coast Regional Council—Suspension of Councillor) Amendment Regulation 2023
- SL No. 133 of 2023: Criminal Practice Amendment Rule (No. 2) 2023
- SL No. 134 of 2023: Local Government (Gold Coast City Council—Suspension of Councillor) Amendment Regulation 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 10 October to 13 October.
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