Justice and Other Legislation Amendment Bill 2019
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
Vote on a motion
This division appears to relate to a procedural motion from another part of the sitting day rather than the Justice bill debate itself.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (35)
Noes (44)
▸16 members spoke15 support1 mixed
As Minister, moved the second reading and replied in debate. Outlined the bill's amendments to improve the coronial system, allow coroners to investigate all deaths regardless of when they occurred, and make various justice-related reforms.
“I commend the bill to the House.”— 2020-05-20View Hansard
As shadow Attorney-General, stated the opposition supports the bill's measures including coronial system reforms, while raising specific cases and concerns about certain provisions.
“The opposition supports these measures.”— 2020-05-20View Hansard
As committee chair, supported the bill and noted the committee recommended it be passed.
“I rise to speak in support of the Justice and Other Legislation Amendment Bill 2019.”— 2020-05-20View Hansard
Confirmed the LNP would be supporting the bill, particularly the coronial system reforms.
“As the member for Toowoomba South said, the LNP will be supporting this bill.”— 2020-05-20View Hansard
Supported the bill's amendments to facilitate the coronial and justice systems.
“I rise to speak in support of this bill.”— 2020-05-20View Hansard
Contributed to the debate on the omnibus bill, focusing on the coronial system reforms.
“Today I make a contribution to the debate on the Justice and Other Legislation Amendment Bill.”— 2020-05-20View Hansard
As Minister for Police, spoke in support of the bill's provisions relating to police and corrective services.
“I rise to speak in support of the Justice and Other Legislation Amendment Bill.”— 2020-05-20View Hansard
Supported the bill as continuing the government's work to improve the justice system.
“I rise to speak in support of the Justice and Other Legislation Amendment Bill 2019.”— 2020-05-20View Hansard
Spoke on the bill but raised concerns about the use of omnibus bills and various specific provisions.
“The use of omnibus bills is becoming alarming.”— 2020-05-20View Hansard
Supported the coronial system reforms, highlighting concerns about the adequacy of support provided to coroners.
“The State Coroner's annual report for 2018-19 concludes that the department was not consistently providing timely and effective support to coroners.”— 2020-05-20View Hansard
Supported the bill while noting some concerns raised by submitters.
“These submitters were generally supportive of the bill.”— 2020-05-20View Hansard
Supported the bill's reforms to the justice system.
“I rise to speak in support of the bill.”— 2020-05-20View Hansard
Supported the bill in principle while raising concerns about some provisions.
“All five were supportive of the bill in principle.”— 2020-05-20View Hansard
Stated he would not oppose the bill but raised concerns along similar lines to his colleagues.
“I will not be opposing this bill.”— 2020-05-20View Hansard
Spoke on the bill, noting the shadow Attorney-General's contribution and supporting the reforms.
“I rise to speak to the Justice and Other Legislation Amendment Bill.”— 2020-05-20View Hansard
Contributed to the debate on the bill's various provisions.
“I rise to speak to the Justice and Other Legislation Amendment Bill.”— 2020-05-20View Hansard
Plain English Summary
Overview
This bill makes wide-ranging amendments to over 35 justice-related Acts to improve court and tribunal efficiency. It modernises the coronial system, strengthens protections for vulnerable witnesses, expands when property offences can be dealt with in Magistrates Courts, and closes gaps in dangerous prisoner supervision laws.
Who it affects
Families seeking coronial inquests, child witnesses in court proceedings, people accused of property offences, and communities affected by problem premises will all be impacted by these changes.
Coronial system modernisation
All coronial inquests will now be conducted under the Coroners Act 2003, regardless of when the death occurred. Approved doctors can conduct preliminary examinations and the State Coroner can delegate more powers to registrars.
- Modern coronial laws apply to all deaths, including those that occurred before 2003
- Approved doctors can perform preliminary examinations to assist coroners
- Coroners can stop investigating natural deaths after autopsy confirms cause
- State Coroner can delegate powers to registrars for efficiency
Vulnerable witness protections
Courts can now exclude the public while pre-recorded statements from child witnesses or people with mental impairments are played, offering greater protection for vulnerable people giving evidence.
- Public can be excluded while section 93A statements from affected children are played
- Extends existing protections for pre-recorded evidence to vulnerable witnesses
Criminal law efficiency
More property offences can now be dealt with in Magistrates Courts rather than going to trial in higher courts, and sentencing processes have been simplified.
- Property offences up to $80,000 (previously $30,000) can be dealt with summarily
- Clarifies unlawful stalking charges for law enforcement officers investigating criminal organisations
- Simplifies pre-sentence custody calculations for sentencing judges
- Removes requirement for Minister to authorise spent conviction prosecutions
Dangerous prisoner supervision
The Dangerous Prisoners (Sexual Offenders) Act now clearly covers prisoners returned to custody on parole suspensions and those serving detention periods, closing a gap in community protection.
- Prisoners on suspended parole now covered by dangerous prisoner laws
- Prisoners serving detention in corrective services facilities now included
- Ensures ongoing supervision orders can apply to more serious sexual offenders
Legal profession regulation
Stricter rules apply to lawyers who are directors of insolvent legal practices, and the Queensland Law Society has clearer powers to conduct trust account investigations.
- Being a director of an insolvent incorporated legal practice is now a suitability matter
- QLS can conduct routine trust account investigations without specific allegations
- Clarifies eligibility for government lawyers to move admissions
Court jurisdiction clarity
Interest on claims should not be counted when determining whether a case exceeds a court's monetary limit, providing clearer rules for which court can hear a matter.
- Interest excluded from monetary limit calculations for District Court
- Same clarification applies to Magistrates Courts and QCAT
- Clarifies Magistrates Court jurisdiction for recovery of chattels
Restricted premises powers
Authorities have stronger powers to address problem premises where criminal activity poses risks to public safety, responding to a court interpretation that limited the existing scheme.
- Criminal activity likely to pose public safety risk now included in definition of disorderly activity
- Appeals allowed for decisions about returning prohibited items
- Strengthens powers to address premises used for criminal purposes
Administrative streamlining
Various processes have been simplified including Anti-Discrimination complaint handling, court-ordered wills for people without capacity, and tribunal member appointments.
- Anti-Discrimination complaints can defer out-of-time decisions until after conciliation
- Court-ordered wills no longer require separate leave application
- QCAT member appointments simplified - no longer need to advertise positions
- Mediator appointments under Retail Shop Leases Act streamlined