Queensland Parliament sat from 30 April to 2 May 2024.
Significant youth justice and criminal law reforms were introduced with the Queensland Community Safety Bill 2024. The Government also introduced two bills designed to address the cost of living and housing crises. The Victims’ Commissioner and Sexual Violence Review Board 2024 was passed, along with a suite of reforms to Queensland’s emergency services and disaster management framework.
This update contains Bills introduced, legislation passed, Second Readings, subordinate legislation, the Queensland Government Gazette and parliamentary sitting dates.
Bills Introduced
- Queensland Community Safety Bill 2024
- Help to Buy (Commonwealth Powers) Bill 2024
- Cheaper Power (Supplementary Appropriation) Bill 2024
Private Member’s Bills:
- Criminal Code (Defence to Dwellings and Other Premises – Castle Law) Amendment Bill 2024
- Mount Isa Mines Limited Agreement (Continuing Mining Activities) Amendment Bill 2024
Queensland Community Safety Bill 2024
On Wednesday 1 May 2024, the Hon Mark Ryan, Minister for Police and Community Safety, introduced the Queensland Community Safety Bill 2024 into the Queensland Parliament.
The Bill proposes to:
- enable certain persons and the media to be present at some Childrens Court criminal proceedings
- expand and extend the trial of hand held scanners in public places
- introduce a firearms prohibition order scheme in Queensland
- introduce a verification process for purchasing small arms ammunition
- reform the ‘fit and proper person’ test in the Weapons Act 1990 by expanding the types of serious offending captured, introducing a new category of disqualified persons, and, in certain circumstances, extending the exclusionary period to 10 years
- increase the maximum penalty for possessing a knife in a public place or school
- introduce a framework for removal of online content depicting conduct that constitutes a prescribed offence, create an offence for publishing such material, and increase the maximum penalties for a range of related offences
- increase the maximum penalty for dangerous operation of a vehicle causing death or grievous bodily harm, and insert a new circumstance of aggravation for dangerous operation of a vehicle where the offender was evading police and causes the death of, or grievous bodily harm to, another person
- create offences for damaging an emergency vehicle when operating a motor vehicle, and driving a motor vehicle in a way that could injure or endanger the safety of a police officer
- increase the maximum penalties for: wilful damage to property where the property is an emergency vehicle, unlawful use or possession of emergency vehicles, and unlawful entry of an emergency vehicle for committing an indictable offence
- amend definitions in the Domestic and Family Violence Protection Act 2012 to remove parent-minor child relationships from domestic and family violence responses, allowing them to be dealt with under child harm or youth justice provisions
- enable a court hearing an appeal in a family and domestic violence matter to make a temporary protection order to protect the victim-survivor
- extend the maximum period before a police protection notice must be first mentioned in court
- allow for a trial of arrangements for corrective services officers to serve prescribed domestic and family violence documents on prisoners in corrective facilities in prescribed circumstances
- expand the options available to police officers to effect document service, including electronically in certain circumstances
- enable electronic signatures to be affixed to all documents executed by police officers
- allow the Police Minister to subdelegate compensation powers to the Commissioner of Police
- harmonise the reporting dates for several annual reports under the Police Powers and Responsibilities Act 2000 and the Public Safety Preservation Act 1986
- extend the offence of ‘unlawful conduct associated with commission of racing, burn out or other hooning offence’ to include a person who merely spectated a hooning activity without reasonable excuse
- provide police officers with the option of issuing penalty infringement notices for low-level drink driving offences in certain circumstances
- increase the maximum fine amount that can be imposed by a court for drink driving offences and increase the minimum driver licence disqualification that a court must impose for certain drink driving offences
- attach a licence disqualification of 2 months to a penalty infringement notice
- reword youth justice principle 18 to state a child should be detained in custody, where necessary, including to ensure community safety, where other non-custodial measures of prevention and intervention would not be sufficient, and for no longer than necessary to meet the purpose of detention
- increase the number of participants in the electronic monitoring trial by expanding the list of prescribed indictable offences and expanding the criteria for electronic monitoring to include children who have been charged with a prescribed indictable offence in the preceding 12 months
- provide that consideration of risks associated with granting bail, and any conditions that may mitigate those risks, should occur in the one process, prior to a decision to release the child
- amend the arrangements for the transfer of remanded detainees over 18 years old, creating a presumption of prompt transfer
- enable temporary transfers from watchhouses to youth detention centres to facilitate participation in programs and physical exercise at youth detention centres
- regulate the use of cameras and smart phones in youth detention centres
- enable the recording of detainees’ phone calls in certain circumstances
- insert a reference to disability services into the youth justice principles to highlight that a child’s disability needs must be met while they are in detention
- remove any doubt that participation in a program or engagement in a service by a detainee while remanded in custody cannot be used in evidence in any civil, criminal or administrative proceedings relating to the offence for which the child has been remanded in custody.
QLS President, Rebecca Fogerty, has expressed strong concerns that the new youth justice proposals contained in the Bill will not address the underlying causes of crime. Read more in the media statement here.
The Bill amends the:
- Childrens Court Act 1992
- Corrective Services Act 2006
- Criminal Code
- Disaster Management and Other Legislation Amendment Act 2024
- Domestic and Family Violence Protection Act 2012
- Explosives Act 1999
- Judicial Review Act 1991
- Police Powers and Responsibilities Act 2000
- Summary Offences Act 2005
- Transport Operations (Road Use Management) Act 1995
- Weapons Act 1990
- Youth Justice Act 1992
- 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 at 10am on Thursday 16 May 2024 and a public hearing is scheduled to be held on 24 May 2024. For further details regarding the inquiry process, visit the committee’s website here. Â
Help to Buy (Commonwealth Powers) Bill 2024
On Thursday 2 May 2024, the Hon Meaghan Scanlon, Minister for Housing, Local Government and Planning and Minister for Public Works, introduced the Help to Buy (Commonwealth Powers) Bill 2024 into the Queensland Parliament.
The explanatory notes indicate the objective of the Bill is to refer legislative powers to the Commonwealth Parliament under section 51(xxxvii) of the Australian Constitution to enable the passage of the Commonwealth Help to Buy Bill 2023 and support the constitutional basis to establish the Commonwealth Government’s Help to Buy Scheme.
The scheme is a shared equity program that will assist low to middle income earners to purchase new or existing homes by accessing an equity contribution from the Australian Government. It will operate alongside the complement Queensland’s Pathways Shared Equity Loan to assist vulnerable Queenslanders to own their homes and Mortgage Relief Loan.
The Bill amends the:
- Statutory Instruments Act 1992
Useful resources:
Cheaper Power (Supplementary Appropriation) Bill 2024
On Thursday 2 May 2024, the Hon Cameron Dick, Deputy Premier, Treasurer and Minister for Trade and Investment introduced the Cheaper Power (Supplementary Appropriation) Bill 2024 into the Queensland Parliament.
The Government has resolved to provide urgent cost of living relief through rebates applying to power bills. The Government has decided to make these payments within the 2023-24 financial year as unforeseen expenditure to provide urgent relief and ensure that the rebates cannot be revoked or reduced by a future government.
Payments from the Consolidated Fund, including unforeseen expenditure, must be formally authorised under an Act of Parliament in accordance with section 66 of the Constitution of Queensland 2001.
Useful resources:
The Bill was referred to the Cost of Living and Economics Committee for inquiry. The closing date for written submissions was Wednesday 8 May 2024. For further details regarding the inquiry process, visit the inquiry page here.
Criminal Code (Defence of Dwellings and Other Premises – Castle Law) Amendment Bill 2024
On Wednesday 1 May 2024, Mr Nicholas Dametto MP, Member for Hinchinbrook introduced the Criminal Code (Defence of Dwellings and Other Premises – Castle Law) Amendment Bill 2024 into the Queensland Parliament.
The explanatory notes indicate the objective of the Bill is to amend section 267 of the Queensland Criminal Code to allow an individual to use force that is likely to cause death or grievous bodily harm against an intruder to their home in circumstances where the intruder:
- Enters or attempts to enter the dwelling or premises in the night; or
- Uses or threatens actual violence; or
- Is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or
- Is in company with 1 or more persons; or
- Damages, or threatens or attempts to damage, any property.
Useful resources:
The Bill was referred to the Community Safety and Legal Affairs Committee for inquiry. The closing date for written submissions is 10am on Tuesday 2 July 2024. For further details regarding the inquiry process, visit the committee’s website here.
Mount Isa Mines Limited Agreement (Continuing Mining Activities) Amendment Bill 2024
On Wednesday 1 May 2024, Mr Robert Katter MP, Member for Traeger, introduced the Mount Isa Mines Limited Agreement (Continuing Mining Activities) Amendment Bill 2024 into the Queensland Parliament.
The explanatory notes indicate that the policy objective of the Bill is to ensure that Queensland’s resources are realised for the benefit of Queensland. The Bill amends the Mount Isa Mines Limited Agreement Act 1985, which governs the agreement between the State of Queensland and Mount Isa Mines Limited (the Company) by inserting a new section 5B:
- Section 5B(1)(a) states the Company must continue to carry out mining operations.
- Section 5B(1)(b) states that the Minister must approve only operational change in the mining activity.
- Section 5B(1)(c)(i) states that the Minister must only approve an operational change in the mining activity if the change will not adversely affect the Mount Isa community or the Queensland economy.
- Section 5B(1)(c)(ii) states that the Minister must also make a public call for tenders to identify any candidates who wish to mine the areas affected by the proposed operational change.
Useful resources:
The Bill was referred to the Clean Economy Jobs, Resources and Transport Committee for inquiry. The committee is finalising arrangements for this inquiry. 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:
- Victims Commissioner and Sexual Violence Review Board Bill 2024
- Disaster Management and Other Legislation Amendment Bill 2023
- Emergency Services Reform Amendment Bill 2023
- Marine Rescue Queensland Bill 2023
- State Emergency Service Bill 2023
Victims’ Commissioner and Sexual Violence Review Board Bill 2024
The Victims’ Commissioner and Sexual Violence Review Board Bill 2024 was passed without amendment on 30 April 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 was referred to the Community Safety and legal Affairs Committee for inquiry. On 19 April 2024, the Committee tabled its report, ‘Victims’ Commissioner and Sexual Violence Review Board Bill 2024’ (Report No. 9, 57th 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:
Disaster Management and Other Legislation Amendment Bill 2024
The Disaster Management and Other Legislation Amendment Bill 2024 was passed with amendment on 2 May 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 Bill was referred to the Community Safety and Legal Affairs Committee for inquiry. On 19 April 2024, the Committee tabled its report, ‘Disaster Management and Other Legislation Amendment Bill 2024’ (Report No. 8, 57th Parliament).
The overarching objectives of the Bill are to amend the:
- Disaster Management Act 2003 (DM Act) 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.
Amendments were made during consideration in detail to:
- amend clause 34 of the Bill to ensure that persons employed under the FES Act and appointed to a scientific officer role, equivalent to that of a senior officer under the Public Sector Act 2022, are not captured by the requirements of new section 25(3);
- amend clause 54 of the Bill (When smoke alarm operates when tested) to omit proposed subsection 104RO(2) and renumber the section; and
- amend Schedule 1 (Other amendments) to the Bill and the definition for emergency alarm in section 104DA (Additional requirement for monitored systems) by omitting the reference to QFES in subsection (6) and replacing with QFR.
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:
- Parliamentary Report
- Bill
- Explanatory Notes
- Statement of Compatibility
- Explanatory Speech
- Committee
- Amendment in Committee – Government Agreed
- Amendment in Committee – Explanatory Note
- Amendment in Committee – Statement of Compatibility
Disaster, Emergency and Fire Services Reform
On 2 May 2024, the Queensland Parliament passed legislation which makes significant changes to Queensland’s disaster and emergency management framework. The legislation provides record support for the state’s local community disaster and emergency response volunteers, offering more resources, vehicles, critical safety equipment and protections for SES, marine rescue and rural fire service volunteers.
Reforms to Queensland’s emergency services and disaster management include:
- establishing Marine Rescue Queensland (MRQ) as a state-wide marine rescue service through the Marine Rescue Queensland Bill 2023;
- establishing the SES as its own entity through the State Emergency Service Bill 2023;
- MRQ and SES hosted by the QPS through the Emergency Services Reform Amendment Bill 2023 and make the necessary administrative amendments for this to occur; and
- formally establishing the State Disaster Management Group (SDM group) within the DM Act through the Emergency Services Reform Amendment Bill 2023.
The Hon Mark Ryan, Minister for Police and Community Safety has released a media statement outlining some key information regarding these changes.
Further information on each of these Bills can be found on the Community Support and Services Committee website here.
Second Readings
- Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024 – Second Reading Adjourned.
- Planning (Inclusionary Zoning Strategy) Amendment Bill 2023 – Second Reading Failed.
Subordinate Legislation
Subordinate Queensland Legislation notified in 2024 is available online.
Subordinate Legislation notified on the Queensland Legislation website from 20 April 2024 to 3 May 2024:
- SL No. 39: Criminal Code (Prohibited Symbols) Regulation 2024
- SL No. 40: Body Corporate and Community Management Legislation Amendment Regulation 2024
- SL No. 41: Police Powers and Responsibilities (Minor Drugs Offence) Amendment Regulation 2024
- SL No. 42: Proclamation – Path to Treaty Act 2023 (commencing remaining provisions)
- SL No. 43: Plumbing and Drainage Amendment Regulation 2024
- SL No. 44: Medicines and Poisons (Medicines) Amendment Regulation 2024
- SL No. 45: Legal Profession (Society Rules) Amendment Notice (No. 2) 2024
- SL No. 46: Rural and Regional Adjustment (Variation of Resilient Homes Assistance Scheme) Amendment Regulation 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 21 May to 23 May 2024.
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