Justice and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill makes a broad package of reforms across over 30 Acts in the Queensland justice portfolio. It modernises the coronial system, streamlines criminal proceedings, strengthens protections for vulnerable witnesses, closes gaps in the dangerous prisoners scheme, updates legal profession regulation, and clarifies court jurisdictional limits.
Who it affects
The changes touch many parts of the justice system. People involved in coronial investigations, criminal proceedings, and anti-discrimination complaints will experience more streamlined processes. Legal practitioners face updated suitability requirements, and vulnerable witnesses gain stronger protections.
Coronial system reform
The coronial system is modernised in response to the Hodgkinson inquest findings and the Auditor-General's report on coronial services. Approved doctors and coronial nurses can now perform preliminary examinations, coroners can stop investigating natural deaths after autopsy, and old inquests from before 2003 can be reopened under the current Act.
- Approved doctors and coronial nurses can perform preliminary examinations to assist coroners
- Coroners can stop investigating a death confirmed as natural after autopsy
- All pre-2003 deaths can now have inquests reopened under the current Coroners Act
- Multiple registrars can be appointed and the State Coroner can delegate certain powers to them
Criminal law and sentencing
Criminal proceedings are streamlined by raising the value threshold for summary disposition of property offences from $30,000 to $80,000, meaning more matters can be dealt with in the Magistrates Court. Courts gain more flexibility in accounting for pre-sentence custody, and a drafting error in the unlawful stalking provisions is corrected.
- Property offences up to $80,000 (previously $30,000) can now be finalised in the Magistrates Court
- Courts have greater flexibility to account for time spent in custody before sentencing
- Aggravated offence of unlawful stalking of law enforcement officers investigating criminal organisations is clarified
- Minister's authorisation no longer required to prosecute offences under the Criminal Law (Rehabilitation of Offenders) Act
Vulnerable witness protections
The Evidence Act is amended to allow courts to exclude the public while pre-recorded statements from children or persons with impairment of the mind are played in proceedings, closing a gap in existing protections for vulnerable witnesses.
- Courts can now close proceedings while pre-recorded statements from children or special witnesses are played
- Jury instructions extended to cover new exclusion scenarios
Dangerous prisoners (sexual offenders)
An anomaly in the Dangerous Prisoners (Sexual Offenders) Act is corrected to ensure it covers prisoners returned to custody on parole suspensions and those serving detention periods in corrective services facilities.
- The definition of 'prisoner' is broadened to include those returned to custody on suspended parole
- Prisoners serving periods of detention in corrective services facilities are now covered
- Existing division 3 orders and pending applications are validated retrospectively
Legal profession and court administration
The regulation of the legal profession is strengthened with new suitability requirements for directors of insolvent practices. The Queensland Law Society can conduct routine trust account investigations. Court jurisdictional limits are clarified so that interest is not counted when assessing whether a claim falls within monetary limits.
- New suitability matters for directors of insolvent incorporated legal practices
- QLS can now conduct routine trust account investigations, not just targeted ones
- Interest must not be counted when assessing whether a claim exceeds the monetary limits of the District Court, Magistrates Courts, or QCAT
- Government legal officers and volunteer lawyers can move admissions to the profession
Land Court, property law, and other reforms
The Land Court is modernised by removing its outdated divisional structure and introducing new costs rules. The Property Law Act is amended to let mortgagees sell disclaimed property without separate court applications. The process for court-appointed wills is simplified, and the restricted premises scheme is expanded.
- Land Court's outdated cultural heritage division structure removed
- Mortgagees can exercise power of sale over disclaimed property without additional court orders
- Court-appointed wills process simplified by removing the separate leave application requirement
- Restricted premises scheme expanded to cover criminal activity posing a public safety risk
- Anti-discrimination complaints can proceed to conciliation before out-of-time decisions are made
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee28 Nov 2019View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined this omnibus bill, which proposes amendments to 33 Acts and four Regulations across areas including coronial services, the Criminal Code, court administration, and succession law. The committee received submissions from six stakeholders, held a public departmental briefing and a public hearing, and recommended the bill be passed. While the committee found the bill's objectives were sound and most amendments were justified, it noted several fundamental legislative principle issues including retrospective operation, abrogation of the privilege against self-incrimination in coronial inquests, and limitations on the right to trial by jury.
Key findings (5)
- The bill addresses issues identified by the State Coroner and the Queensland Auditor-General's Coronial Services Report, allowing all inquests to come under the modern Coroners Act 2003 regardless of when the death occurred
- Increasing the 'prescribed value' for summary disposition of indictable property offences from $30,000 to $80,000 drew concern from the Bar Association of Queensland and the Queensland Law Society, who warned it would impose a significantly greater burden on magistrates
- The Queensland Law Society raised concerns about the bill's abrogation of the privilege against self-incrimination in reopened coronial inquests, calling it a departure from cornerstone principles of the justice system
- Broadening the definition of 'disorderly activity' under the Peace and Good Behaviour Act drew concern from the Queensland Law Society, which warned the broadly drawn provisions could be applied to political protest activity
- The committee was satisfied that breaches of fundamental legislative principles, including retrospective operation and limitations on jury trials, were sufficiently justified in the circumstances
Recommendations (1)
- The committee recommends the Justice and Other Legislation Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading20 May 2020View Hansard
Vote on a motion
This division appears to relate to a procedural motion from another part of the sitting day (possibly a motion debated during a break in the Justice bill debate) rather than the Justice and Other Legislation Amendment Bill itself. It was resolved in the negative 35-44.
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 Acting Attorney-General, moved the second reading and spoke in reply. Defended the bill's amendments to the Coroners Act, QCAT appointment processes, and foreshadowed amendments including the removal of clause 51 on summary disposition of property offences. Defended omnibus bills as necessary for managing justice portfolio legislation.
“Those who critique omnibus bills demonstrate their unfitness to govern. They demonstrate their inability to be ready to govern in this state.”— 2020-05-20View Hansard
Confirmed the opposition would not oppose the bill. Welcomed the government's withdrawal of clause 51 which would have increased the prescribed value for summary disposition of property offences from $30,000 to $80,000. Raised concerns about coronial system under-resourcing, QCAT appointment transparency, and criticised the government's record on crime.
“I confirm that the opposition will not be opposing the bill.”— 2020-05-20View Hansard
Spoke in support as committee chair, outlining key amendments to the Coroners Act, Criminal Code and Penalties and Sentences Act. Highlighted the bill's improvements to coronial investigations and court administration.
“I support the committee's recommendation that the amendments, as proposed in the Justice and Other Legislation Amendment Bill 2019, be passed.”— 2020-05-20View Hansard
Supported the bill as a committee member, welcoming the coroner's reforms and the withdrawal of clause 51. Raised concerns about QCAT appointments and criticised the government's approach to crime. Co-authored the statement of reservation that led to clause 51's removal.
“My biggest concern was that we would have seen yet another go-soft-on-crime move by this government. I am delighted that they took note of the statement of reservation.”— 2020-05-20View Hansard
Supported the bill as a committee member, providing detailed contributions on coroner's preliminary examination amendments, the unlawful stalking aggravation provisions, the vegetation fire offence update, and Evidence Act protections for vulnerable witnesses.
“Ensuring that the least invasive of measures is taken is a key part of this particular amendment.”— 2020-05-20View Hansard
As a committee member, supported the bill following the withdrawal of clause 51 but criticised the government for initially including it. Raised concerns about QCAT appointment transparency and the government's approach to youth crime and sentencing.
“If it were not for opposition pressure then, under Labor, youth criminals would have been able to plead guilty to theft of a vehicle valued up to $79,000 and have the matter heard in the lower court.”— 2020-05-20View Hansard
As Minister for Police and Corrective Services, spoke in support of amendments to the unlawful stalking aggravation provisions, the Dangerous Prisoners (Sexual Offenders) Act corrections, and the Peace and Good Behaviour Act.
“An appropriate circumstance of aggravation that enhances the penalty for illegal conduct directed towards our law enforcement agency sends a strong message to criminal elements.”— 2020-05-20View Hansard
Supported the bill as part of the Palaszczuk government's justice reform agenda. Highlighted the need for a specialist domestic violence court in Ipswich and praised initiatives such as Court Link and the Murri Court.
“Improving access to justice to vulnerable members of the community is what Labor governments do best.”— 2020-05-20View Hansard
Criticised the use of omnibus bills and raised concerns about the prescribed value increase for property offences, changes to the Peace and Good Behaviour Act expanding definitions of disorderly activity, and the change of 'crop' to 'vegetation' in arson provisions which he argued could be used against farmers.
“I could find absolutely no unifying principle whatsoever to any of the myriad legislative changes contained in this bill.”— 2020-05-20View Hansard
Supported the bill but raised concerns about the erosion of the privilege against self-incrimination in the Coroners Act amendments and the removal of advertising requirements for QCAT appointments. Commended opposition committee members for the statement of reservation on clause 51.
“We should not readily let the protections that we give ourselves and our citizens—and have done so for a long time—be removed without exceptional reason.”— 2020-05-20View Hansard
Supported the bill following the removal of clause 51. Raised concerns about QCAT appointment transparency and criticised the government's original inclusion of the softened property offence sentencing provisions.
“Where there is a clear community expectation to be tougher on criminals, the Palaszczuk Labor government signed off on these soft-on-crime provisions, showing once again that it has the wrong priorities.”— 2020-05-20View Hansard
Supported the bill, highlighting amendments to the Coroners Act closing gaps in coronial powers, Criminal Code improvements to stalking aggravation provisions, and efficiency improvements to the criminal justice system.
“The Palaszczuk Labor government is committed to promoting a safe and healthy environment to foster public welfare, and that is what this bill's amendments will do.”— 2020-05-20View Hansard
Did not oppose the bill but heavily criticised the government's initial inclusion of clause 51 and its overall approach to crime. Highlighted youth crime statistics in his electorate and under-resourcing of police stations.
“The LNP will not be opposing this bill. It is, however, interesting to note that the government reconsidered watering down sentencing for indictable property offences after pressure from the opposition.”— 2020-05-20View Hansard
Did not oppose the bill but criticised the government for attempting to weaken property offence sentencing through clause 51 and for being weak on crime. Highlighted crime issues in his electorate and defended the committee's role in scrutinising legislation.
“This government has its priorities all wrong.”— 2020-05-20View Hansard
Did not oppose the bill but criticised the government's attempt to weaken property offence penalties through clause 51. Highlighted a surge in property crime in his electorate during the COVID-19 pandemic.
“The bill which was before us this morning and is now to be amended defies logic.”— 2020-05-20View Hansard
Made a brief contribution supporting the bill but criticising the government's record on crime, including the now-withdrawn clause 51 on property offence thresholds. Also raised concerns about the removal of advertising requirements for QCAT appointments.
“This continues a long history of the Labor Party being soft on crime in this state.”— 2020-05-20View Hansard
▸In Detail20 May 2020View Hansard
Minister's amendments Nos 1 to 18, including: removing clause 51 (which would have increased the prescribed value for summary disposition of property offences from $30,000 to $80,000); clarifying Coroners Act transitional provisions for fire-related deaths and limiting preliminary examination types; refining Magistrates Courts Act jurisdiction for recovery of goods and chattels; replacing 'trust account investigation' with 'part 3.3 investigation' in the Legal Profession Act; inserting new amendments to the Human Rights Act 2019 for human rights certificates; and technical amendments to the Legal Profession Act regarding chapter 5 body corporates.