Three new bills were introduced, including the Arts (Statutory Bodies) and Other Legislation Amendment Bill 2024, the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024 and the Crime and Corruption (Reporting) Amendment Bill 2024 in last week’s Queensland Parliamentary Sitting.
Multiple bills were also passed, including the Assisted Reproductive Technology Bill 2024 regulating ART services, the Child Safe Organisations Bill 2024 enhancing child protection, and the Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024, which creates offences for illicit nicotine product possession and vaping.
Bills Introduced
- Arts (Statutory Bodies) and Other Legislation Amendment Bill 2024
- Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024
- Crime and Corruption (Reporting) Amendment Bill 2024
Arts (Statutory Bodies) and Other Legislation Amendment Bill 2024
On 11 September 2024, the Arts (Statutory Bodies) and Other Legislation Amendment Bill 2024 was introduced to the Queensland Parliament.
The Bill will amend the Acts of the Arts Statutory Bodies (ABSs) to enshrine a greater recognition of First Nations peoples and modernise governance provisions. The Bill establishes a five-part approach, with the parts working collectively to achieve the following policy objectives:
- An overarching statement on First Nations and arts and culture
- Revising and improving the Guiding Principles of each Act
- Mandating two Board roles for First Nations peoples
- A new section to establish a First Nations Committee
- Revise the Strategic Plan section to require the inclusion of First Nations initiatives and plans (and prescribe the Queensland Performing Arts Trust and Queensland Theatre Company as Reframing Entities under the Public Sector Act 2022).
The Bill amends the:
- Queensland Performing Arts Trust Act 1977
- Queensland Art Gallery Act 1987
- Libraries Act 1988
- Queensland Theatre Company Act 1970
- Queensland Museum Act 1970
Useful resources:
The Bill was referred to the Community Support and Services Committee for consideration. The Committee is finalising arrangements for this inquiry. For further details regarding the inquiry process, visit the committee’s website here.
Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024
On 11 September 2024, the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024 was introduced to the Queensland Parliament.
The Bill amends the Health Practitioner Regulation National Law to:
- require practitioners who have had their registration cancelled by a responsible tribunal, or have been disqualified from registration, to obtain a reinstatement order from a responsible tribunal before applying to a National Board for re-registration;
- require National Boards, in conjunction with the Australian Health Practitioner Regulation Agency, to permanently publish additional information on the public register for health practitioners who have been found to have engaged in professional misconduct involving sexual misconduct;
- strengthen protections for notifiers against reprisals or other detriment, threats and intimidation and void non-disclosure agreements that purport to prevent someone from making a notification.
The Bill also amends the Health Ombudsman Act 2013 and makes local modification to the Health Practitioner Regulation National Law Act 2009 (Qld) to ensure the reforms operate effectively within Queensland’s co-regulatory arrangements.
Useful resources:
The Bill was referred to the Health, Environment and Agriculture Committee for consideration. Submissions to the inquiry will close on Friday, 27 September 2024. For further details regarding the inquiry process, visit the committee’s website here.
Crime and Corruption (Reporting) Amendment Bill 2024
On 10 September 2024, the Crime and Corruption (Reporting) Amendment Bill 2024 was introduced to the Queensland Parliament.
The objective of the Bill is to amend the Crime and Corruption Act 2001 (CC Act) to introduce new powers for the Crime and Corruption Commission (CCC) to prepare, table and publish reports and make public statements relating to corruption matters. The amendments respond to the decision of the High Court in Crime and Corruption Commission v Carne [2023] HCA 28 which found that the CCC had no power to report on a corruption investigation other than to report to a relevant entity under section 49 of the CC Act for the purpose of that entity giving consideration to prosecution or disciplinary action.
Useful resources:
The Bill was referred to the Community Safety and Legal Affairs Committee for consideration. The Committee is finalising arrangements for this inquiry. For further details regarding the inquiry process, visit the committee’s website here.
Legislation passed
- Assisted Reproductive Technology Bill 2024
- Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024
- Respect at Work and Other Matters Amendment Bill 2024
- Child Safe Organisations Bill 2024
- Progressive Coal Royalties Protection (Keep Them in the Banks) Bill 2024
- Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024
- Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2024
Assisted Reproductive Technology Bill 2024
The Assisted Reproductive Technology Bill 2024 was passed without amendment on 10 September 2024. Introduced on 22 May 2024, it was referred to the Community Safety and Legal Affairs Committee, which tabled its report on 2 August 2024.
Queensland Law Society made a submission on the Bill, which can be found here.
The purpose of the Bill is to regulate assisted reproductive technology (ART) services and establish a donor conception information register in Queensland.
The Bill amends the:
- Anti-Discrimination Act 1991
- Births, Deaths and Marriages Registration Act 2023
Useful resources:
Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024
The Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024 was passed with amendment on 10 September 2024. Introduced on 21 May 2024, it was referred to the Community Support and Services Committee, which tabled its report on 2 August 2024.
Queensland Law Society made a submission on the Bill, which can be found here.
The Bill seeks to implement the Queensland Government’s response to recommendations made by the Women’s Safety and Justice Taskforce (Taskforce) relating to sexual violence and women and girls as accused persons and offenders.
The Bill also includes a statutory review of amendments from the Taskforce’s reports1 to consider whether the amendments are operating as intended.
In addition, the Bill proposes to clarify the law as it relates to the admissibility of recorded statements in particular committal proceedings relating to domestic violence offences.
Amendments were moved during consideration in detail to:
- respond to Recommendation 3 of the Community Support and Services Committee (Committee) Report No. 46, which included, among other matters, to undertake a review of the persons listed in proposed section 210A(3) of the Criminal Code at clause 8 of the Bill;
- respond to stakeholder concerns about the new provisions concerning tendency evidence and coincidence evidence by ensuring they align with interstate laws, particularly those in New South Wales;
- clarify the scope of the Criminal Code offence of choking, suffocation and strangulation in a domestic setting (strangulation offence) to ensure that it operates as intended; and
- address technical issues in the Bill.
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
- 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
Respect at Work and Other Matters Amendment Bill 2024
The Respect at Work and Other Matters Amendment Bill 2024 was passed with amendment on 10 September 2024. Introduced on 14 June 2024, it was referred to the Community Safety and Legal Affairs Committee, which tabled its report on 2 August 2024.
Queensland Law Society made a submission on the Bill, which can be found here.
The purpose of the Bill is to implement the first stage of reforms to Queensland’s anti-discrimination laws. Specifically, the Bill:
- introduces a new prohibition of harassment on the basis of sex or subjecting a person to a work environment that is hostile on the basis of sex
- extends the timeframe for lodging sexual harassment complaints from one to two years
- allows the Queensland Human Rights Commission to investigate compliance with new positive duty provisions and systemic workplace harassment
- provides a new scheme for unions and representative groups to make complaints about alleged unlawful workplace conduct on behalf of individuals.
- expands and updates the protected personal attributes under the Anti-Discrimination Act 1991
- introduces a positive duty for organisations to take reasonable steps to eliminate discrimination, sexual harassment and other objectionable conduct as far as possible
- expands protected attributes for both criminal and civil vilification offences
- clarifies the objective test for civil vilification
- introduces a new harm-based provision and new definition of ‘public act’
- amends the Magistrates Act 1991 to confirm parental leave entitlements for magistrates
- clarifies that legal immunity for Supreme Court judges also applies to District Court judges, magistrates and prescribed members of the Queensland Civil and Administrative Tribunal, with retrospective application except where proceedings are already on foot
- requires courts to treat workplace-related violent offences as aggravating factors in sentencing
- amends the Penalties and Sentences Act 1992 and the Youth Justice Act 1992 to remove the need to record reasons for an order of imprisonment or detention in writing if already recorded
Amendments were moved during consideration in detail to:
- address issues raised by the Community Safety and Legal Affairs Committee and stakeholders
- make consequential amendments due to the establishment of the Commonwealth Administrative Review Tribunal
- introduce a legislative scheme for the appointment of reserve judges in the Supreme and District Courts
- clarify the obligation on a court to provide sentencing transcripts to Queensland Corrective Services
- clarify that the definition of ‘public officer’ in the Criminal Code includes operational workers under the Hospital and Health Boards Act 2011.
The Bill amends the:
- Anti-Discrimination Act 1991
- Corrective Services Act 2006
- Criminal Code
- District Court of Queensland Act 1967
- Human Rights Act 2019
- Magistrates Act 1991
- Penalties and Sentences Act 1992
- Queensland Civil and Administrative Tribunal Act 2009
- Youth Justice Act 1992
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
Child Safe Organisations Bill 2024
The Child Safe Organisations Bill 2024 was passed without amendment on 11 September 2024. Introduced on 12 June 2024, it was referred to the Community Support and Services Committee, which tabled its report on 2 August 2024.
The Bill aims to enhance child safety in Queensland organisations, implementing recommendations from the 2017 Royal Commission into Institutional Responses to Child Sexual Abuse. It establishes mandatory compliance with the 10 Child Safe Standards, based on the National Principles for Child Safe Organisations, and a Universal Principle for cultural safety for Aboriginal and Torres Strait Islander children as a best practice approach to keep children safe.
The Bill also establishes a nationally consistent reportable conduct scheme to provide independent oversight of organisational responses to allegations of child abuse across sectors and provide for the Queensland Family and Child Commission to be the independent oversight body responsible for administering a legislated child safe organisations system.
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Progressive Coal Royalties Protection (Keep Them in the Banks) Bill 2024
The Progressive Coal Royalties Protection (Keep Them in the Banks) Bill 2024 was passed without amendment on 12 September 2024. Introduced on 23 May 2024, it was referred to the Cost of Living and Economics Committee, which tabled its report on 2 August 2024.
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 periodically prescribed, to ensure Parliamentary consideration is required for changes that would decrease the coal royalty rates. The effect of these changes will be to ensure that progressive coal royalties cannot be removed without prior positive endorsement of the Legislative Assembly.
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Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024
The Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024 was passed with amendment on 11 September 2024. Introduced on 12 June 2024, it was referred to the Health, Environment and Agriculture Committee, which tabled its report on 2 August 2024.
The Bill proposes to amend the Tobacco and Other Smoking Products Act 1998 to create state-level offences for the supply and possession of illicit nicotine products, including vaping goods, and ensure an effective enforcement framework. The Bill was drafted to align with and complement the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 (Commonwealth Bill).
Amendments were moved during consideration in detail to ensure consistency between the Bill and the Therapeutic Goods Act 1989 (Cth) (TG Act). They address inconsistencies from recent changes in the Commonwealth Bill by incorporating precise references to the TG Act, enhancing clarity and facilitating prompt enforcement by the Queensland Government. Additionally, the amendments address procedural fairness concerns raised regarding the potential impact of long-term closure orders on landlords, ensuring that the closure powers operate effectively and offer procedural fairness to landlords.
The Bill amends the:
- Tobacco and Other Smoking Products Act 1998
- Waste Reduction and Recycling Act 2011
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
Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2024
The Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2024 was passed with amendment on 11 September 2024. Introduced on 12 June 2024, it was referred to the Education, Employment, Training and Skills Committee, which tabled its report on 2 August 2024.
Amendments were moved during consideration in detail to remove the requirements for adult household members of kinship carers to hold a blue card. Removing this requirement will avoid any unintended consequences of the broader reforms to establish a more nuanced scheme for the screening of kinship carers in a way that is culturally safe and responds to the unique needs of Aboriginal and Torres Strait Islander families caring for kin.
The Bill amends the:
- Child Protection Act 1999
- Childrens Court Act 1992
- Disability Services Act 2006
- Working with Children (Risk Management and Screening) Act 2001
- Legislation mentioned in schedule 1 for particular purposes
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
Education (General Provisions) (Helping Families with School Costs) Amendment Bill 2023
The second reading for the Education (General Provisions) (Helping Families with School Costs) Amendment Bill 2023 (private member’s bill) failed on 10 September 2024.
Useful resources:
Subordinate Legislation
Subordinate Queensland Legislation notified in 2024 is available online.
Subordinate Legislation notified on the Queensland Legislation website from 30 August 2024 to 13 September 2024:
- SL No. 172: Brisbane Olympic and Paralympic Games Arrangements Amendment Regulation 2024
- SL No. 173: Work Health and Safety (Sexual Harassment) Amendment Regulation 2024
- SL No. 174: Work Health and Safety Amendment Regulation 2024
- SL No. 175: Justices (Sharing of Records) and Other Legislation Amendment Regulation 2024
- SL No. 176: Proclamation No. 2—Casino Control and Other Legislation Amendment Act 2022 (commencing remaining provisions)
- SL No. 177: Proclamation—Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Act 2024 (commencing remaining provisions)
- SL No. 178: Criminal Practice (Subsequent Appeals) Amendment Rule 2024
- SL No. 179: Criminal Practice (Fees and Allowances) Amendment Regulation 2024
- SL No. 180: Criminal Law Regulation 2024
- SL No. 181: Electoral Regulation 2024
- SL No. 182: Public Trustee (Interest Rate) Amendment Regulation (No. 3) 2024
- SL No. 183: Proclamation—Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Act 2024 (commencing remaining provisions)
- SL No. 184: Summary Offences (Prevention of Knife Crime) Amendment Regulation 2024
- SL No. 185: Youth Justice (Access by Accredited Media Entities) Amendment Regulation 2024
- SL No. 186: Environmental Protection (Air) Amendment Policy 2024
- SL No. 187: Corrective Services (Searches and Testing) Amendment Regulation 2024
- SL No. 188: Transport Operations (Marine Safety) Legislation Amendment Regulation 2024
- SL No. 189: Fisheries Amendment Declaration 2024
- SL No. 190: Water Plan (Wet Tropics) (Postponement of Expiry) Notice 2024
- SL No. 191: Proclamation No. 6—Justice and Other Legislation Amendment Act 2023 (commencing remaining provisions)
- SL No. 192: Civil Proceedings Regulation 2024
- SL No. 193: Proclamation No.1—Pharmacy Business Ownership Act 2024 (commencing certain provisions)
- SL No. 194: Pharmacy Business Ownership (Postponement) Regulation 2024
- SL No. 195: Proclamation No. 1—Agriculture and Fisheries and Other Legislation Amendment Act 2024 (commencing certain provisions)
- SL No. 196: Nature Conservation and Other Legislation Amendment Regulation 2024
- SL No. 197: Forestry Regulation 2024
- SL No. 198: Nature Conservation (Protected Areas Management) Regulation 2024
- SL No. 199: Recreation Areas Management Regulation 2024
- SL No. 200: State Penalties Enforcement and Other Legislation Amendment Regulation 2024
- SL No. 201: Heavy Vehicle (Mass, Dimension and Loading) National Amendment Regulation 2024
- SL No. 202: State Development and Public Works Organisation (Borumba Pumped Hydro Energy Storage Project Exploratory Works) Amendment Regulation 2024
- SL No. 203: Work Health and Safety (Amenities for Construction Work) Amendment Regulation 2024
- SL No. 204: Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No. 2) 2024
- SL No. 205: Police Service Administration Amendment Regulation 2024
- SL No. 206: Education (General Provisions) (Alpha State School) Amendment Regulation 2024
- SL No. 207: Water Plan (Mary Basin) Amendment Plan 2024
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 on 19 November 2024 to 21 November 2024.
Footnotes
1 Hear her voice – Report One – Addressing coercive control and domestic and family violence in Queensland (Report One) and Hear her voice – Report Two – Women and girls’ experiences across the criminal justice system (Report Two).
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