Profession updates

Modern Trusts Bill introduced

28 May 2024

The Queensland Government introduced a new, modernised Trusts Bill 2024 during the Parliamentary sitting from 21 May to 23 May 2024, alongside bills to regulate Queensland’s Assisted Reproductive Technology industry and to further implement recommendations from the Women’s Safety and Justice Taskforce.

A bill to enhance Queensland’s electrical safety was also introduced. The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 and Manufactured Homes (Residential Parks) Amendment Bill 2024 were passed, along with criminal law reforms to increase safety and inclusivity.

Bills Introduced:

Trusts Bill 2024
Assisted Reproductive Technology Bill 2024
Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024
Electrical Safety and Other Legislation Amendment Bill 2024
Progressive Coal Royalties Protection (Keep Them in the Bank) Bill 2024

Private Members’ Bill:

Crocodile Control and Conservation Bill 2024

Trusts Bill 2024

On Tuesday 21 May 2024, the Trusts Bill 2024 was introduced to the Queensland Parliament.

The objective of the Bill is to replace the Trusts Act 1973 (the Act) with modernised and simplified trusts legislation, aimed at streamlining provisions to meet modern needs and address gaps in the Act.

The Bill intends to:

repeal provisions of the Act that are now obsolete or no longer appropriate in modern trusts legislation, or that confer powers that are no longer needed in light of the new provisions of the Bill;
streamline the legislation, meet modern needs and address existing gaps in the Act including: to state trustees’ management powers and minimum or core duties; grant new powers to trustees to delegate; modernise the capital amount which may be applied for maintenance, education or advancement of a beneficiary by a trustee; simplify the administration of trusts by granting a power of appointment to the administrator or attorney of the last continuing trustee with impaired capacity; grant power to the Attorney-General to consider and determine certain cy pres applications; and confer additional statutory powers on courts to address existing gaps; and
streamline the law with respect to deciding disputes in relation to the administration of trusts, especially for matters involving lower monetary values, including cy pres schemes.

The Bill amends the:

Aboriginal Land Act 1991
Corrective Services Act 2006
District Court of Queensland Act 1967
Funeral Benefit Business Act 1982
Public Trustee Act 1978
River Improvement Trust Act 1940
Succession Act 1981
Torres Strait Islander Land Act 1991
United Grand Lodge of Antient Free and Accepted Masons of Queensland Trustees Act 1942
Legislation mentioned in schedule 1 for particular purposes

Useful resources:

The Bill was referred to the Housing, Big Build and Manufacturing Committee for inquiry. The Committee is finalising arrangements for this inquiry.

Assisted Reproductive Technology Bill 2024

On Wednesday 22 May 2024, the Assisted Reproductive Technology Bill 2024 was introduced to the Queensland Parliament.

The Bill provides for the state-based regulation of Assisted Reproductive Technology (ART) providers and services in Queensland. It will improve confidence in Queensland’s ART industry by providing greater oversight, transparency and safeguards and ensuring that the interests of people receiving ART treatment and people born as a result of ART are central to the delivery of ART services.

The Bill also establishes a donor conception information register in the Registry of Births, Deaths and Marriages (RBDM). ART providers will be required to provide relevant information about donor conception ART procedures to the Registrar-General of the RBDM. Persons who have undertaken private donor conception procedures will be able to voluntarily provide information to the Registrar. The Bill will establish a framework to allow donor-conceived people, their parents, donors and other to access information held on the Register and to facilitate contact between persons by consent.

The Bill amends the:

Anti-Discrimination Act 1991
Births, Deaths and Marriages Registration Act 2023

Useful resources:

The Bill was referred to the Community Safety and Legal Affairs Committee for inquiry. The Committee is finalising arrangements for this inquiry.

Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024

On Tuesday 21 May 2024 the Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024 was introduced to the Queensland Parliament.

The objective of the Bill is to implement the third major tranche of legislative reforms arising from recommendations made by the Women’s Safety and Justice Taskforce.

The Bill will implement the Government’s response to Taskforce recommendations relating to sexual violence and women and girls as accused persons and offenders (Recommendations 42, 53, 54, 57, 60, 75, 79 and 149 of Report Two). Consistent with Taskforce recommendations, the Bill will also include a statutory review of amendments from both Taskforce reports, to occur as soon as practicable five years after the last amendment commences (Recommendation 84 of Report One and Recommendation 186 of Report Two). The Bill will also clarify the law as it relates to the admissibility of recorded statements in particular committal proceedings relating to domestic violence offences.

The Bill amends the:

Attorney-General Act 1999
Corrective Services Act 2006
Criminal Code
Evidence Act 1977
Evidence Regulation 2017
Penalties and Sentences Act 1992
Disability Services Act 2006
Working with Children (Risk Management and Screening) Act 2000
Childrens Court Rules 2016
Justices Act 1886

Useful resources:

The Bill was referred to the Community Support and Services Committee for inquiry. The Committee is finalising arrangements for this inquiry.

Electrical Safety and Other Legislation Amendment Bill 2024

On Wednesday 22 May 2024, the Electrical Safety and Other Legislation Amendment Bill 2024 was introduced to the Queensland Parliament.

The Bill ensures that Queensland’s electrical safety laws remain contemporary and capture new and emerging technologies by amending the definition of ‘electrical equipment’ in the Electrical Safety Act 2002 to include ‘prescribed electrical equipment’ where the equipment is placing or may place persons or property at an electrical risk. The definition of ‘electrical installation’ is amended to capture modern energy generation and storage systems.

The Bill also makes amendments to the Work Health and Safety Act 2011 to enhance operational efficiencies relating to the regulator, inspectorate and the Work Health and Safety Prosecutor including:

Adding negligence as a fault element to a Category 1 offence, which is where employers expose workers to a risk of death, serious injury, or illness (currently only fault element is recklessness)
Powers for health and safety representatives and entry permit holders to capture video and photos of suspected contraventions, take measurements and conduct tests at the workplace
Powers for the WHS Regulator to set minimum standards for Registered Training Organisations who provide work health safety training.

The Bill implements the following three recommendations from the 2024 Review to examine the scope and application of the industrial manslaughter provisions in the Work Health and Safety Act 2011:

Expansion of the industrial manslaughter scope to include bystanders who are killed as the result of negligent conduct.
Clarifying that multiple parties can be charged with industrial manslaughter, not just the direct employer.
Introduction of alternative verdicts for industrial manslaughter and other serious offences. This means the WHS Prosecutor can seek the highest penalties available in the knowledge defendants can still be found guilty of an alternative offence if the most serious offence is not proven beyond a reasonable doubt, rather than being acquitted.

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.

Progressive Coal Royalties Protection (Keep Them in the Bank) Bill 2024

On Thursday 23 May 2024, the Progressive Coal Royalties Protection (Keep Them in the Bank) Bill 2024 was introduced to the Queensland Parliament.

The explanatory notes state the Bill amends the Mineral Resources Act 1989 to introduce a coal royalty rate floor, by providing that a regulation may not prescribe coal royalty rates that are lower than those prescribed from time to time, to ensure Parliamentary consideration is required for changes that would decrease the coal royalty rates.

Useful resources:

The Bill was referred to the Cost of Living and Economics Committee for inquiry. Submissions to the inquiry will close on Friday 14 June 2024 and a public hearing is scheduled to take place on Monday 8 July 2024.

Crocodile Control and Conservation Bill 2024

On Wednesday 22 May 2024, the Crocodile Control and Conservation Bill 2024 was introduced to the Queensland Parliament.

The Bill aims to place greater value on human life by responsibly reducing the risk of crocodile attacks as much as possible. It aims to eliminate from populated waterways any crocodiles that pose a threat to human life, while continuing to protect crocodiles from becoming extinct as a species.

The Bill will achieve this policy objective by establishing the Queensland Crocodile Authority.

Useful resources:

The Bill was referred to the Health, Environment and Agriculture Committee for inquiry. The Committee is finalising arrangements for this inquiry.

Legislation Passed:

Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024
Manufactured Homes (Residential Parks) Amendment Bill 2024
Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024
Police Powers and Responsibilities and Other Legislation Amendment Bill 2024
Brisbane Olympic and Paralympic Games Arrangements Amendment Bill 2024
Cheaper Power (Supplementary Appropriation) Bill 2024

Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024

The Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024 was passed with amendment on Thursday 23 May 2024. The Bill was introduced on Tuesday 21 March 2024.

The Bill was referred to the Housing, Big Build and Manufacturing Committee for inquiry. On 10 May 2024, the Committee tabled its report, ‘Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Bill 2024’ (Report No. 7, 57^th Parliament).

The Bill’s objectives are to:

improve the rental bond process by ensuring bond refunds are fair and transparent and claims against the rental bond are genuine and substantiated
balance renters’ right to privacy with property owners’ right to information by extending entry notice periods and appropriate handling and disposal of renters’ information
make the rental application process fairer and easier by giving renters a choice about how to submit their rental application and prescribing a rental application form that limits the information that can be collected from a prospective renter
ease cost of living pressures for renters by protecting renters from unreasonable fees and charges, including reletting costs and rent payment methods that attract costs other than bank and other account fees usually payable for transactions
support renters and property owners to agree to changes that can be made to the rental property to meet occupants changing needs
help to stabilise the private rental market by applying the annual limit for rent increases to the rental property not the tenancy, and banning all forms of rent bidding
progress reforms under National Cabinet’s A Better Deal for Renters (ABDR)
appropriately balance the rights of parties in the rental relationship to improve the rental experience for Queensland renters and property owners and clarify the expectations of all parties in the rental sector
support enhanced compliance and enforcement functions
establish a legislative scheme for mandatory continuing professional development (CPD) for property agents
address technical and procedural issues associated with the ending of a residential tenancy agreement or rooming accommodation agreement as part of an economic reasons termination process which is to be introduced into the Body Corporate and Community Management Act 1997 (BCCM Act) by the Body Corporate and Community Management and Other Legislation Amendment Act 2023
amend the local government superannuation scheme to remove the requirement for mandatory employee contributions, other than for defined benefit members, and to change the name of the trustee and the scheme to reflect a change in the business name of the default fund.

Amendments were moved during consideration in detail to:

limit the amount of rent in advance that can be offered or accepted when a tenancy is advertised or otherwise offered for rent, but not during the tenancy
introduce a new term ‘exempt provider’ for rooming accommodation, which is similar to ‘exempt provider’ for residential tenancy agreements
clarify the application of ‘exempt lessor’ and ‘exempt provider’ to ensure they are not required to include the day of the last rent increase in a tenancy agreement or written notice of a rent increase; or to provide evidence of the day of the last rent increase upon a tenants request
include a transitional provision to remove the obligation for a lessor to provide evidence where the property has been purchased within 12 months of the day of commencement, and the lessor does not hold information about the day of the last rent increase for the property
allow an invoice to be issued to a tenant based on water usage and supply authority consumption charges outside of a supply authority’s billing period to align with the start or end of a tenancy
clarify that, if attaching a fixture or making a structural change requires approval of a body corporate, the attaching of the fixture or making of the structural change must be in accordance with any conditions of a body corporate approval
clarify that reletting fees apply only where the tenant has not ended the agreement in accordance with the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act)
change ‘the premises’ to ‘the agreement’ in relation to collection of personal information to ensure alignment with the objects of the RTRA Act
increase the timeframe that a renter’s personal information must be destroyed after a tenancy ends, from three to seven years
allow a prospective renter’s personal information to be stored for a period longer than three months if the applicant agrees
include a transitional provision to provide that any rental property owner where a new agreement is entered with the same renter for the same premises and the bond continues, is not in breach of the new maximum bond limit
allow renters with a continuing bond to request a refund from the Residential Tenancies Authority (RTA) for any bond amount above the new maximum bond limit, requiring that the RTA must refund the amount regardless of other provisions in the RTRA Act, and clarifying that rental property owners and their agents are not in breach of the new maximum bond amounts for continuing bonds under renewal agreements.
make minor clarifying and structural amendments that assist navigation of the legislation.

In addition to the Acts referred to above, the Bill amends the:

Body Corporate and Community Management Act 1997
Fair Trading Inspectors Act 2014
Local Government Act 2009
Property Occupations Act 2014
Residential Tenancies and Rooming Accommodation Act 2008
State Penalties Enforcement Regulation 2014
Local Government Regulation 2012
Superannuation (Public Employees Portability) Regulation 2019
Superannuation (State Public Sector) Act 1990

Useful links:

Manufactured Homes (Residential Parks) Amendment Bill 2024

The Manufactured Homes (Residential Parks) Amendment Bill 2024 was passed with amendment on Thursday 23 May 2024. The Bill was introduced on Thursday 21 March 2024.

The Bill was referred to the Housing, Big Build and Manufacturing Committee for inquiry. On 10 May 2024, the Committee tabled its report, ‘Manufactured Homes (Residential Parks) Amendment Bill 2024’ (Report No. 6, 57^th Parliament).

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

The Bill will amend the Manufactured Homes (Residential Parks) Act 2003 (the Act) to improve consumer protections in residential parks balanced with reasonable industry viability.

The Bill contributes to the objectives of Homes for Queenslanders, the Queensland Housing Strategy 2017-27 and the Queensland Housing and Homelessness Action Plan 2021-2025 (the Action Plan) to ensure:

residential parks are fair and transparent
the legislative framework for residential parks is contemporary and meets community expectations
the residential park business model is sustainable for home owners and park owners.

Specifically, the Bill delivers on Action 18 of the Action Plan which committed to address concerns about site rent increases and unsold homes in residential parks.

Amendments were made during consideration in detail to:

extend the timeframe for parties to agree on the resale value of a home at each valuation stage under the buyback and site rent reduction scheme
clarify that a park owner will not have committed an offence by failing to buyback a manufactured home where there is an unresolved dispute about removing the home from the scheme due to non-compliance
clarify that applications to extend the buyback period under the buyback and site rent reduction scheme are exempt from alternative dispute resolution processes
clarify the frequency at which CPI increases which replace market rent reviews may be undertaken
clarify that direct debit is an approved way of paying site rent and establishing a regulation making power to prescribe other approved ways of paying site rent
clarify that requirements to carry over specific terms of a former site agreement into a new site agreement are subject to any changes to the former site agreement made in accordance with the Manufactured Homes (Residential Parks) Act 2003 (the Act), such as changes to utility charges
resolve technical issues to ensure cooling-off provisions apply as intended to the sale of pre-owned manufactured homes
correct minor typographical and technical issues.

The Bill also amends the Fire and Emergency Services Act 1990.

Useful resources:

Corrective Services (Promoting Safety) and Other Legislation Amendment Bill

The Corrective Services (Promoting Safety) and Other Legislation Amendment Bill was passed with amendment on Tuesday 21 May 2024. The Bill was introduced on 13 February 2024.

The Bill was referred to the Community Safety and Legal Affairs Committee for inquiry. On 12 April 2024, the Committee tabled its report, ‘Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024’ (Report No. 7, 57^th Parliament).

The explanatory notes indicate the main objectives of the Bill are to:

enhance the legislative framework for the Queensland Corrective Services Victims Register to promote the safety and wellbeing of victims engaging with the service;
require representation for victims on the Parole Board Queensland;
strengthen powers to respond to abuse of prisoner communication channels;
enable the use of certain police powers for reportable child sex offenders being supervised under the Dangerous Prisoners (Sexual Offenders) Act 2003;
increase the penalty for possession of a gel blaster on corrective services land;
protect the use of victim and intelligence information to support effective decision making;
clarify the authority for corrective services officers to use body-worn cameras while in the community;
prescribing search requirements to accommodate diverse prisoner needs;
update legislative requirements to support the independence, diversity and efficient administration of the Board;
enable QCS to lawfully detain prisoners from Norfolk Island in line with the Queensland Government’s commitments under the Intergovernmental Partnership Agreement on State Service Delivery to Norfolk Island; and
other minor and technical issues to support the continued safe operations of corrective services.

Amendments were moved during consideration in detail to:

clarify that when a decision maker is required to provide reasons for a decision made under the CSA, the decision maker may withhold the detail of information that informed the decision for prescribed reasons. The decision maker will need to keep a record of reasons for withholding information in a decision.
include a validating provision which will apply to parole decisions made by the Parole Board of Queensland from 26 May 2017 until commencement.
retrospectively validate any exercise of jurisdiction by a supplementary member of the QCAT who did not take or make the prescribed oath under the QCAT Act before performing a function of the office during the period 1 February 2017 to 15 May 2024.

In addition to the Acts referred to above, the Bill amends the:

Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
Corrective Services Act 2006
Corrective Services Regulation 2017
Parole Orders (Transfer) Act 1984
Police Powers and Responsibilities Act 2000

Useful resources:

Police Powers and Responsibilities and Other Legislation Amendment Bill 2024

The Police Powers and Responsibilities and Other Legislation Amendment Bill 2024 was passed with amendment on Tuesday 21 May 2024. The Bill was introduced on 21 March 2024.

The Bill was referred to the Community Support and Services Committee for inquiry. On 10 May 2024, the Committee tabled its report, ‘Police Powers and Responsibilities and Other Legislation Amendment Bill 2024’ (Report No. 43, 57^th Parliament).

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

The explanatory notes indicate the Bill’s objective is to make the necessary legislative amendments to ensure that trans and gender diverse people receive the same protections as other Queenslanders without making specific reference to gendered language, unless absolutely necessary. The Bill, in making the necessary amendments, aims to achieve operational improvements in legislation administered by the Queensland Police Service, the Department of Justice and Attorney-General, and Queensland Health.

Amendments were moved during consideration in detail to:

Provide additional clarity to the community and public officials on the intended operation of the new safeguards for personal searches, inspections of particular people’s belongings and some forensic procedures.

The Bill amends the:

Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
Corrective Services Act 2006
Crime and Corruption Act 2001
Mental Health Act 2016
Planning Regulation 2017
Police Powers and Responsibilities Act 2000
Public Health Act 2005
Summary Offences Act 2005
Terrorism (Preventative Detention) Act 2005
Legislation mentioned in schedule 1 for particular purposes

Useful links:

Brisbane Olympic and Paralympic Games Arrangements Amendment Bill 2024

The Brisbane Olympic and Paralympic Games Arrangements Amendment Bill 2024 was passed with amendment on Thursday 23 May 2024. The Bill was introduced on Wednesday 17 April 2024.

The Bill was referred to the Housing, Big Build and Manufacturing Committee for inquiry. On 17 May 2024, the Committee tabled its report, ‘Brisbane Olympic and Paralympic Games Arrangements Amendment Bill 2024’ (Report No. 9, 57^th Parliament).

The Bill amends the Brisbane Olympic and Paralympic Games Arrangements Act 2021 (Act) to establish the Games Venue and Legacy Delivery Authority (authority) and its board.

It is proposed that the main functions of the authority will be to:

deliver venues in time for the games and within budget allocations, including managing effects on users of the venues during their development
monitor and ensure the delivery of villages in time for the games
coordinate and integrate the planning and delivery of State, Commonwealth and local government obligations under, or related to, the host contract.

Amendments were made during consideration in details to:

add the City of Gold Coast Mayor as a director of the corporation’s board in clause 12,
omit the words “take reasonable steps to” in clause 20, section 53AM(4)(b), and
replace the words “start performing” with “perform” in clause 29, section 63(4)(a).

Useful resources:

Cheaper Power (Supplementary Appropriation) Bill 2024

The Cheaper Power (Supplementary Appropriation) Bill 2024 was passed without amendment on Wednesday 22 May 2024. The Bill was introduced on Thursday 2 May 2024.

The Bill was referred to the Cost of Living and Economics Committee for inquiry. On 17 May 2024, the Committee tabled its report, ‘Cheaper Power (Supplementary Appropriation) Bill 2024’ (Report No. 5, 57^th 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 the rebates cannot be revoked or reduced by a future government.

Useful resources:

Subordinate Legislation

Subordinate Queensland Legislation notified in 2024 is available online.

Subordinate Legislation notified on the Queensland Legislation website from 4 May 2024 to 24 May 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 for Budget Week from 11 June to 14 June 2024.

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