Attorney-General Deb Frecklington has described the decision to overturn the Queensland Court of Appeal’s ruling in the Emma Lovell matter as “a historic day” after five High Court judges unanimously allowed her appeal.
Speaking yesterday at a Queensland Law Society event hours after the judgment, Ms Frecklington said she believed the case was the first criminal appeal pursued by a Queensland Attorney-General in the High Court in more than 20 years.
“Today five judges who sat in judgement of that matter agreed with my appeal and overturned the Queensland Court of Appeal decision,” Ms Frecklington said.
“That is a historic day for keeping victims safer in this state of Queensland. It is important that we continue to back in the laws that we said we would do when we came to government.”
Ms Frecklington told the QLS Committee Chairs and Deputy Chairs Luncheon that while not everyone agreed with her government’s stance, they would continue to introduce tougher laws, including proposed breach bail, go to jail legislation.
She also spoke about regional Queensland being a priority for the government, offering to speak directly to the QLS’s new Regional, Rural and Remote Committee and speaking about her past experience as a practitioner in the South Burnett region.
“No matter where you practise, you should be valued because you are practising the same law that anyone else is, no matter where you practise. So don’t ever let anyone tell you that you can’t do something because you are from a bush law firm.”
Addressing the volunteers who lead QLS policy and membership committees, Ms Frecklington also provided an update on a range of justice reforms and court initiatives.
She said more than 330 firms had registered to use the Supreme Court’s electronic lodgement system since its introduction just over a year ago, with more than 5000 documents filed electronically.
Ms Frecklington also outlined upcoming reviews of the Human Rights Act, led by retired Supreme Court justice Peter Flanagan KC, and criminal procedure reforms flowing from retired District Court judge Michael Shanahan’s long-awaited review.
She said modernisation of the Justices Act, under which criminal matters in Queensland’s Magistrates Courts have operated for more than 140 years, remained a legislative priority.
“As those of you who have contributed to that group will know, there’s significant progress along the way to that important draft Bill,” she said.
Responding to a question about a potential judicial commission, Ms Frecklington referenced a recent address to the Sir Samuel Griffith Society, where she opened discussion on how such a body might be structured and operated.
“Because there are some really important issues that we have to address, like who would head it up? What scope does it go to? Where would it sit? There are a lot of issues to it. What are other states doing? What is successful and what is not?”
She said further consultation would be needed before any model was settled.
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