Coercive control, double jeopardy legislation passed

Queensland Parliament sat from 5 March to 7 March 2024.

Bills Introduced:

The following bills were introduced into the Legislative Assembly:

  • Disaster Management and Other Legislation Amendment Bill 2024
  • Education (General Provisions) and Other Legislation Amendment Bill 2024
  • Victims’ Commissioner and Sexual Violence Review Board Bill 2024

Disaster Management and Other Legislation Amendment Bill 2024

On Thursday 7 March 2024, the Hon Nikki Boyd, Minister for Fire and Disaster Recovery and Minister for Corrective Services, introduced the Disaster Management and Other Legislation Amendment Bill 2024 into the Queensland Parliament.

The overarching objectives of the Bill are to amend the:

  • Disaster Management Act 2003 to enhance Queensland’s disaster management arrangements
  • Queensland Reconstructions Authority Act 2011 to expand the Queensland Reconstructions Authority’s functions
  • Fire and Emergency Services Act 1990 to establish the Queensland Fire and Rescue and the Rural Fire Service Queensland as dedicated fire services under the Act.

The Bill also provides requirements for smoke alarms in caravans and motorised caravans.

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The Bill amends the:

  • Disaster Management Act 2003
  • Disaster Management Regulation 2014
  • Fire and Emergency Services Act 1990
  • Fire and Emergency Services Regulation 2011
  • Queensland Reconstruction Authority Act 2011
  • State Penalties Enforcement Regulation 2014
  • Other legislation mentioned in schedule 1 for particular purposes.

Useful resources:

The Bill was referred to the Community Safety and Legal Affairs Committee for inquiry. Submissions to the inquiry will close on 15 March 2024 at 10am and a public hearing is scheduled to take place on Tuesday 26 March 2024. For further details regarding the inquiry process, visit the committee’s website here.

Education (General Provisions) and Other Legislation Amendment Bill 2024

On Wednesday 6 March 2024, the Hon Di Farmer, Minister for Education and Minister for Youth Justice, introduced the Education (General Provisions) and Other Legislation Amendment Bill 2024 into the Queensland Parliament.

The policy objectives of the Education (General Provisions) and Other Legislation Amendment Bill 2024 are to improve the regulation of education in Queensland by making amendments to the Education (General Provisions) Act 2006 and other legislation to:

  • protect students by: facilitating proactive and proportionate sharing of information when a student transfers between Queensland schools; and allowing sharing of personal information to facilitate students accessing approved online services and support digital learning;
  • contribute to the good order and management of Queensland state schools by: improving procedural fairness for decision-making processes for school disciplinary absences; introducing a new appeal right for accumulated short suspensions; introducing student support plans; ensuring a student has access to education pending an enrolment decision; streamlining enrolment transfers between state special schools; implementing a school based regulatory framework for a state school kindergarten program delivered at a prescribed state school and updating eligibility criteria for a distance education kindergarten learning program; and updating provisions related to the operation of Parents and Citizens’ Associations;
  • modernise and improve education services by: enhancing the regulation of home education and streamlining the home education registration process; removing the use of gendered language; and acknowledging wellbeing, inclusion and diversity.

The Bill amends the:

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  • Education and Care Services Act 2013
  • Education and Care Services National Law (Queensland) Act 2011
  • Education (General Provisions) Act 2006
  • Education (General Provisions) Regulation 2017
  • Public Health Act 2005
  • Working with Children (Risk Management and Screening) Act 2000
  • Legislation mentioned in schedule 1 for particular purposes.

Useful resources:

The Bill was referred to the Education, Employment, Training and Skills Committee for inquiry. The committee is finalising arrangements for this inquiry. For further details regarding the inquiry process, visit the committee’s website here.

Victims’ Commissioner and Sexual Violence Review Board 2024

On Wednesday 6 March 2024, the Hon Leanne Linard, Acting Attorney-General and Minister for Justice and Acting Minister for the Prevention of Domestic and Family Violence, introduced the Victims’ Commissioner and Sexual Violence Review Board Bill 2024 into the Queensland Parliament.

The Bill achieves its policy objectives and supports the intent of the recommendations made by the Woman’s Safety and Justice Taskforce, the Independent Commission of Inquiry into Queensland Police Service responses to domestic and family violence and the Legal Affairs and Safety Committee inquiry into support provided to victims of crime by:

  • establishing the Victims’ Commissioner to promote and protect victims’ rights; and
  • establishing the Sexual Violence Review Board (the Board) to identify and review systemic issues in relation to the reporting, investigation and prosecution of sexual offences.

The Bill amends the:

  • Evidence Act 1977
  • Integrity Act 2009
  • Penalties and Sentences Act 1992
  • Public Sector Act 2022
  • Victims of Crime Assistance Act 2009

Useful resources:

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The Bill was referred to the Community Safety and Legal Affairs Committee for inquiry. Submissions to the inquiry will close on 15 March 2024 at 10am and a public hearing is scheduled to be held on 25 March 2024. For further details regarding the inquiry process, visit the committee’s website here.

Legislation passed this Parliament

The following legislation was passed by the Legislative Assembly:

  • Health and Other Legislation Amendment Bill (No. 2) 2023
  • Appropriation Bill (No. 2) 2023
  • Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023
  • Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023

Health and Other Legislation Amendment Bill (No. 2) 2023

The Health and Other Legislation Amendment Bill (No. 2) 2023 was passed with amendment on 6 March 2024.

On 30 November 2023, the Minister for Health, Mental Health and Ambulance Services and Minister for Women, the Hon Shannon Fentiman, introduced the Health and Other Legislation Amendment Bill (No. 2) 2023.

The key objectives of the Bill are to support access to healthcare, promote quality improvement and patient safety in public health facilities and improve the operation of health legislation to support the health of Queenslanders.

The Bill was referred to the Health and Environment Committee for inquiry. On 4 March 2024, the Health, Environment and Agriculture Committee tabled its report, ‘Health and Other Legislation Amendment Bill (No. 2) 2023’ (Report No. 3, 57th Parliament).

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Queensland Law Society provided a submission on the Bill, which can be found here.

The Bill achieves the policy objectives by amending the following legislation:

  • the Hospital and Health Boards Act 2011 to:
    • clarify that, for purposes of nurse-to-patient and midwife-to-patient ratios, a newborn baby should be counted as a patient when they are staying in a room on a maternity ward with their birthing parent;
    • require a Quality Assurance Committee (QAC) to disclose information about a health professional to the chief executive where the QAC reasonably believes the health professional poses a serious risk of harm to a person because of the health professional’s health, conduct or performance;
    • clarify that the chief executive of Queensland Health may, after considering a report from a clinical review or health service investigation conducted in a Hospital and Health Service, take the action the chief executive considers appropriate in relation to the matters identified in the report;
    • make clear that for root cause analysis reports, permitted disclosures of information contained in the report extend to the disclosure of recommendations that form part of the report;
  • the Termination of Pregnancy Act 2018 and Criminal Code to:
    • allow additional health practitioners to perform an early medical termination of pregnancy through the use of a registered termination drug in response to recent changes in prescribing restrictions made by the Therapeutic Goods Administration;
    • make consequential amendments to the offence provision set out in the Criminal Code to align with the above change;
    • replace references to ‘woman’ with ‘person’ in termination of pregnancy provisions to ensure legal access to termination of pregnancy services for all pregnant Queenslanders;
  • the Public Health Act 2005 to exempt medical practitioners from duplicate reporting of dust lung diseases to the Queensland Notifiable Dust Lung Disease Register where there has been notification to the National Occupational Respiratory Disease Registry;
  • the Mental Health Act 2016 to clarify how Mental Health Court expert reports and transcripts may be released and used.

Amendments were moved during consideration in detail to:

  • replace section 6A(3) of the Termination of Pregnancy Act 2018, as inserted by the Bill, to clarify that a registered health practitioner performs a medical termination of pregnancy if the practitioner:
    • prescribes a termination drug for use in the termination; or
    • administers, or gives a treatment dose of, a termination drug for use in the termination without a prescription.

The Bill amends the:

  • Criminal Code
  • Hospital and Health Boards Act 2011
  • Mental Health Act 2016
  • Public Health Act 2005
  • Termination of Pregnancy Act 2018
  • and the Acts mentioned in schedule 1 of the Bill

Useful resources:

Appropriation Bill (No. 2) 2023

The Appropriation Bill (No. 2) 2023 was passed without amendment on 5 March 2023.

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On 10 October 2023, the Honourable Cameron Dick, Treasurer and Minister for Trade and Investment, introduced the Appropriation Bill (No 2) 2023 into the Queensland Parliament.

The Bill was referred to the Economic and Governance Committee for inquiry. On 24 November 2023, the Economic and Governance Committee tabled its report, ‘Appropriation Bill (No. 2) 2023’ (Report No. 56, 57th Parliament).

The purpose of the Bill is to authorise a supplementary appropriation for unforeseen expenditure above and beyond the amount appropriated to government departments from the Consolidated Fund for 2022-23.  The supplementary appropriation of $1.244 billion relates to expenditure incurred by 10 departments and agencies (as set out in Schedule 1 of the Bill).

Useful resources:

Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023

The Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023 was passed without amendment on 6 March 2023.

On 29 November 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 Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023.

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The Bill was referred to the Legal Affairs and Safety Committee for inquiry. On 19 February 2024, the Community Safety and Legal Affairs Committee tabled its report, ‘Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023’ (Report No. 1, 57th Parliament).

Queensland Law Society made a submission on the Bill, which can be found here.

The objectives of the Bill are to enhance criminal justice system responses to possible wrongful convictions and unjust acquittals by:

  • establishing a statutory framework to allow a person convicted on indictment or of a summary offence under section 651 of the Criminal Code to make, with the leave of the Court of Appeal, a subsequent appeal against convictions; and
  • expanding the fresh and compelling evidence double jeopardy exception to 10 prescribed offences in addition to murder.

The Bill amends the:

  • Appeal Costs Funding Act 1973
  • Criminal Code Act 1899
  • and the Criminal Code for particular purposes

Useful resources:

Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023

The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 was passed with amendment on 6 March 2024.

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On 11 October 2023, the Honourable Shannon Fentiman, Minister for Health, Mental Health and Ambulance Services and Minister for Women, introduced the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 into the Queensland Parliament.

The Bill was referred to the Legal Affairs and Safety Committee for inquiry. On 19 January 2024, the Legal Affairs and Safety Committee tabled its report, ‘Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023’ (No. 63, 57th Parliament).

Queensland Law Society provided a submission on the Bill, which can be found here.

The objectives of the Bill are to:

  • implement the Government’s response to the second tranche of reforms recommended by the Taskforce, in Chapter 3.9 of the Taskforce’s first report, Hear her voice – Report One – Addressing coercive control and domestic and family violence in Queensland (Report One) (Recommendations 74-79), building on the groundwork established by the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023, including by introducing a new offence to criminalise coercive control;
  • give effect to the Government’s response to a range of recommendations from the Taskforce’s second report, Hear her voice – Report Two – Women and girls’ experiences across the criminal justice system (Report Two), relating to domestic and family violence (DFV), sexual violence, publication restrictions and women and girls as accused persons and offenders (Recommendations 7, 43-44, 56, 58-59, 76-77, 80-82, 86, 110 and 126), including amendments to create an affirmative model of consent in Queensland;
  • progress further amendments to abolish or reform particular jury directions (re-examining Recommendations 65 and 66 of the Criminal Justice report of the Royal Commission into Institutional Responses to Child Sexual Assault (Royal Commission) in light of Report Two);
  • implement the Government’s response to two related DFV recommendations from the Commission of Inquiry into Queensland Police Service Responses to Domestic and Family Violence Report, A Call for Change (Recommendations 20 and 50); and
  • amend the Domestic and Family Violence Protection Act 2012 (DFVP Act) to allow a court to make an order to extend a police protection notice (PPN) in exceptional circumstances.

Amendments were moved during consideration in detail to:

  • amend the definition of consent in section 227A of the Criminal Code (Observations or recordings in breach of privacy) for consistency with other similar sections amended by the Bill;
  • respond to concerns raised by the former Legal Affairs and Safety Committee (Committee) about the publication of identifying matter about a deceased complainant who is a First Nations person, by clarifying the relevance of cultural considerations in relation to the making of a complainant privacy order; and
  • correct minor technical errors in the Bill.

The Bill amends the:

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  • Bail Act 1980
  • Criminal Code
  • Domestic and Family Violence Protection Act 2012
  • Domestic and Family Violence Protection Regulation 2023
  • Evidence Act 1977
  • Evidence Regulation 2017
  • Justices Act 1886
  • Penalties and Sentences Act 1992
  • Recording of Evidence Regulation 2018
  • Security Providers Act 1993
  • Youth Justice Act 1992
  • Police Powers and Responsibilities Act 2000
  • Working with Children (Risk Management and Screening) Act 2000

The Bill repeals the:

  • Criminal Law (Sexual Offences) Act 1978

Useful resources:

Second Reading:

  • Forensic Science Queensland Bill 2023

Subordinate Legislation

Subordinate Queensland Legislation notified in 2024 is available online.

Subordinate Legislation notified on the Queensland Legislation website from 20 February 2024 to 8 March 2024:

Queensland Government Gazette

The Queensland Government Gazettes for 2024 are available online.

Parliamentary Sitting Dates

As indicated on the parliamentary website, the Queensland Parliament is currently scheduled to next sit from 19 March to 21 March 2024.

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