COVID-19 Emergency Response and Other Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill extends Queensland's temporary COVID-19 emergency laws until 30 September 2021, continuing protections and flexible arrangements across tenancy, courts, corrections, gaming, and other areas. It also gives local governments new powers to adjust rates mid-year, hold COVID-safe by-elections, and continue remote council meetings.
Who it affects
Renters, commercial tenants, body corporate residents, and gaming venues benefit from continued COVID-19 protections. Local government ratepayers may see mid-year rate changes, and voters in council by-elections may experience postal ballots or postponed polling days.
Extension of COVID-19 emergency laws
All temporary COVID-19 legislation that was due to expire on 30 April 2021 is extended to 30 September 2021. This includes 16 emergency regulations covering tenancy protections, court proceedings, corrective services, planning, education, and gaming tax relief.
- COVID-19 legislation expiry date moved from 30 April to 30 September 2021
- Temporary tenancy, commercial lease, and body corporate protections continue
- Gaming tax deferral and waiver provisions extended
- Modification to the Coroners Act reporting requirement removed
Local government rates flexibility
Local governments and Brisbane City Council can make 'extraordinary decisions' to adjust rates and charges during the 2021-22 financial year, outside the normal annual budget meeting. This supports their financial sustainability during ongoing pandemic uncertainty.
- Councils can re-levy rates and charges by resolution at any meeting, not just the budget meeting
- New rates apply from the day of the resolution until 30 June 2022
- Councils must amend their annual budget at the same meeting to reflect the change
- Provision expires on 30 June 2022
COVID-safe local government elections
A new framework allows local government by-elections and fresh elections to be conducted safely during the pandemic. The Electoral Commission Queensland and the Minister gain powers to modify election procedures.
- Minister can direct a poll to be conducted by postal ballot
- Polling day can be postponed for more than two months if necessary
- ECQ can restrict how-to-vote card distribution and limit scrutineer numbers at booths
- Penalties of up to 20 penalty units for breaching ECQ directions at polling booths
Remote council meetings
Temporary provisions allowing council and committee meetings to be held by audio or audiovisual link are extended from 30 June 2021 to the COVID-19 legislation expiry day (30 September 2021).
- Council meetings can continue to be held remotely via audio or video link
- Meetings can be closed to the public for COVID-19 health and safety reasons
- Real-time public viewing or listening must still be provided when meetings use remote links
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee11 Mar 2021 – 20 Apr 2021View Hansard
Referred to Economics and Governance Committee
▸Second Reading20 Apr 2021View Hansard
▸32 members spoke31 support1 mixed
Continued his speech from the previous day, praising the Palaszczuk government's COVID-19 response and supporting the bill's measures to reduce regulatory barriers and modernise legal document processes.
“The amendments are welcomed, are complementary to business practices and will improve access to justice.”— 2021-11-18View Hansard
Introduced the bill as Attorney-General, outlining its purpose to permanently implement beneficial temporary COVID-19 measures including electronic document signing, domestic violence protections, and takeaway liquor reforms.
“This bill delivers real and measurable benefits and efficiencies for Queensland. I commend the bill to the House.”— 2021-11-17View Hansard
Spoke in support of the bill, emphasising how adversity drives innovation and praising the reforms for modernising legal document processes.
“It is in this spirit that I rise in support of the Justice Legislation (COVID-19 Emergency Response—Permanency) Amendment Bill 2021.”— 2021-11-18View Hansard
As opposition lead speaker, welcomed the bill's reforms particularly around electronic document execution and domestic violence protections. Supported the LNP position on the bill while criticising late government amendments regarding the Governor's superannuation.
“These reforms are, in the main, welcomed, especially around the signing and execution of documents. The issues around the sale of limited amounts of liquor are obviously more contentious. The domestic violence changes are welcomed and appropriate.”— 2021-11-17View Hansard
Spoke in support of the bill, highlighting the benefits for the community including takeaway liquor reforms for local restaurants and cafes.
“I rise to speak in support of the Justice Legislation (COVID-19 Emergency Response—Permanency) Amendment Bill 2021.”— 2021-11-18View Hansard
Spoke in favour of the bill as committee chair, noting the committee's unanimous report with no statements of reservation. Highlighted the benefits for the legal profession and hospitality businesses.
“I rise to speak in favour of the Justice Legislation (COVID-19 Emergency Response—Permanency) Amendment Bill as presented and the amendments as outlined by the Attorney-General.”— 2021-11-17View Hansard
Supported the bill and its takeaway liquor provisions, extending support to hospitality businesses in Scenic Rim including independent brewers. Noted these reforms reduce costs and regulatory burdens for businesses.
“In making a few comments on this bill, I extend my support to all of the hardworking small business people running hospitality businesses in the Scenic Rim electorate.”— 2021-11-18View Hansard
As a committee member, supported the bill particularly the takeaway liquor provisions allowing restaurants to sell wine with meals. Noted the shadow Attorney-General's support while emphasising the need for government accountability on temporary emergency powers.
“I note the words of the shadow Attorney-General when he said that, while we support the bill, the government should be held to account and must make sure that, when looking at temporary emergency powers, the committee and the government make really good—not ad hoc—decisions.”— 2021-11-17View Hansard
Spoke in support, noting how COVID-19 demonstrated the ability to be more agile in supporting businesses and the community, and commending the Attorney-General's work.
“What has emerged is that we can be more agile and can move quickly to support businesses and our community.”— 2021-11-18View Hansard
Spoke in support of the bill, highlighting how COVID-19 drove innovation in government and the justice system. Emphasised the importance of the domestic violence reforms and the modernisation of legal document processes.
“Whilst the amendments within this bill are mostly technical and for the most part non-controversial, they are indeed important and complementary to the innovations occurring across and within the Justice portfolio.”— 2021-11-17View Hansard
Supported the bill using an evolutionary biology analogy, noting the reforms will modernise, increase efficiencies and improve access to justice while including safeguards.
“These amendments will modernise, increase efficiencies and improve access to justice. I commend the bill to the House.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill makes practical sense.”— 2021-11-17View Hansard
Supported the bill, commending the minister and committee for the reforms to legal document processes and domestic violence protections.
“I am confident that these are strong improvements. I would like to commend the minister, the department for its work, the committee and the secretariat.”— 2021-11-18View Hansard
Supports the bill's practical measures.
“The bill makes practical sense.”— 2021-11-17View Hansard
Spoke in support, highlighting how the pandemic created opportunities for innovative approaches to the justice system and domestic violence protections.
“I rise in support of the Justice Legislation COVID-19 Emergency Response—Permanency) Amendment Bill 2021.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-17View Hansard
Supports the bill's practical measures.
“The bill makes practical sense.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill makes practical sense.”— 2021-11-17View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-17View Hansard
Supports the bill's regional business measures.
“The bill supports regional business.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-17View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-17View Hansard
Supports the bill's regional business measures.
“The bill supports regional business.”— 2021-11-18View Hansard
Supports the bill's practical measures.
“The bill makes practical sense.”— 2021-11-17View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-17View Hansard
Supports the bill's measures.
“The bill makes practical sense.”— 2021-11-18View Hansard
Has no issues with DFV reforms but warns government not to use COVID emergency to push through unnecessary permanent changes, criticises mandatory vaccination as segregation policy.
“The government has to be very careful that it does not use the COVID-19 emergency to push through unnecessary legislative changes that were only designed to be temporary in order to get business through the pandemic period.”— 2021-11-17View Hansard
Supports the bill's practical measures.
“The bill makes practical sense.”— 2021-11-18View Hansard
Supports the bill after concerns about liquor act changes were addressed, acknowledging government watered down changes to be acceptable to QHA, though warns against using COVID to push through unnecessary permanent changes.
“We acknowledge that the government has significantly watered down these changes to the Liquor Act and note that the changes are now acceptable to the QHA.”— 2021-11-18View Hansard
▸In Detail20 Apr 2021View Hansard
Government amendments 1-41 to the Justice Legislation (COVID-19 Emergency Response—Permanency) Amendment Bill, including: renaming the act to Justice and Other Legislation Amendment Act 2021; amending commencement provisions; inserting new provisions for the Governor's superannuation (defined benefit offset); clarifying electronic document and deed execution provisions for the state, corporations sole, and partnerships; amending the QBCC Act to validate rectification directions; and amending the long title to include additional acts.
Spoke during Consideration in Detail to support the government's amendments, including the Governor's superannuation provisions and QBCC amendments, while criticising the government's late introduction of changes.
“The LNP will be supporting these amendments. I want to confirm our support for them and note that the changes have been brought about as a result of both the representations made by organisations.”— 2021-11-18View Hansard
Assent date: 4 December 2020