COVID-19 Emergency Response Bill 2020

Introduced the bill as Premier, outlining its legislative modification framework for statutory time frames, document witnessing, court proceedings, residential and commercial tenancy protections, and the establishment of a Queensland Small Business Commissioner.

“These are extraordinary times, and the bill contains the tools to take extraordinary but necessary measures if required.”— 2020-04-22View Hansard

As Attorney-General, moved the second reading and outlined the bill's temporary powers framework, safeguards including disallowance processes and Human Rights Act application, and amendments to the Parliament of Queensland Act to enable electronic sittings.

“This bill enables us to do just that: it equips government with a flexible toolkit, one which is also appropriately targeted, is proportionate and enables the government to maintain continuity of essential services to Queenslanders.”— 2020-04-22View Hansard

Did not oppose the bill but strongly criticised the government's initial residential tenancy proposals as the most draconian in the nation, forcing a backflip after backlash from property owners and the REIQ. Supported the use of Henry VIII clauses given the extraordinary circumstances but warned the government cannot be trusted with property rights.

“When those opposite first put forward their rental laws, they were the most draconian and unfair laws across the nation.”— 2020-04-22View Hansard

As Minister for Housing, spoke to the residential tenancy protections implementing the national cabinet eviction moratorium, tabled the draft regulation, and outlined the establishment of the Small Business Commissioner to support commercial lease dispute resolution.

“It remains that this government will not let Queensland tenants affected by COVID-19 be evicted where they have been impacted by the virus.”— 2020-04-22View Hansard

Raised detailed concerns about gaps in the draft residential tenancy regulation including retrospective penalties, unclear treatment of tenants already paying more than 30% of income in rent, contradictory domestic violence provisions, and the lack of clarity for commercial tenants. Criticised the lack of transparency and consultation.

“Commercial tenants need clarity. Quite frankly, they are not getting it. What they have had from this government is mixed messages.”— 2020-04-22View Hansard

As Minister for Small Business, spoke to the establishment of the Queensland Small Business Commissioner to provide advocacy and mediation for retail leasing disputes, bringing Queensland in line with other states that already have such commissioners.

“Having a commissioner with the power to negotiate rental disputes will give small businesses a hand when they need it most.”— 2020-04-22View Hansard

Supported the bill given the emergency circumstances and sunset clauses but raised philosophical concerns about the transfer of legislative power to the executive through Henry VIII clauses. Criticised the government for being slow to act compared to New South Wales which passed similar legislation a month earlier.

“While the opposition will be supporting this bill tonight and the Henry VIII clause power that will enable executive regulation to perhaps be inconsistent with the act, we are only doing that because this is an unforeseen emergency.”— 2020-04-22View Hansard

Spoke to the domestic and family violence provisions enabling private applications for DV orders to be made while maintaining social distancing, and tenancy protections allowing DV victims to end tenancies quickly. Also addressed youth justice provisions enabling restorative justice conferences via videoconferencing.

“The last thing I want during this pandemic is to put further stress on victims of domestic and family violence or to put them in danger of not complying with social distancing requirements while trying to seek the protection of a domestic violence order.”— 2020-04-22View Hansard

Acknowledged the bill was necessary to enable tenancy regulations but read extensive constituent correspondence illustrating concerns from landlords about insurance, rent arrears, and lack of clarity. Called for more work on the commercial rental space and temporary use licence provisions.

“I do commend the REIQ and the vast majority of property owners who are mum-and-dad owners across the state for taking it up to the government when the government clearly had not consulted and clearly overreached.”— 2020-04-22View Hansard

Strongly supported the bill and its balanced approach to residential tenancies, the Small Business Commissioner, and payroll tax relief. Criticised the opposition for fearmongering and exaggerating the impact of tenancy reforms.

“The national cabinet decided that there will be no evictions in hardship cases. That came out of the Prime Minister's mouth and we are implementing it now.”— 2020-04-22View Hansard

Supported the Small Business Commissioner as a positive step for mediation but questioned whether it had statutory power to compel mediation. Raised concerns about Henry VIII clauses, retrospective penalties, lack of commercial lease detail, and provisions for electronic parliamentary sittings without adequate checks and balances.

“I believe in principle that the proposal for a small business commissioner to provide mediation is a positive step, because it is important that people not only negotiate in good faith and avoid a dispute but also have access to good information early.”— 2020-04-22View Hansard

Supported the bill as a balanced approach to protecting both tenants and the rental market, and endorsed the Economics and Governance Committee inquiry into the COVID-19 response. Criticised opposition members for misleading landlords and tenants.

“I have looked carefully at what the minister has proposed. It is a balanced approach dealing with the principles that the Prime Minister outlined.”— 2020-04-22View Hansard

Read extensive constituent correspondence from Gold Coast landlords expressing anxiety about the initial tenancy proposals. Acknowledged the reforms had softened since the backlash but maintained Labor's original proposals went well beyond national cabinet intent and shifted the burden unfairly onto landlords.

“It is good to see that lobbying from the LNP team, stakeholders such as the REIQ and locals has resulted in Labor being dragged back to parliament with major reforms to their original plans due to the backlash from thousands of Queenslanders.”— 2020-04-22View Hansard

Supported the bill, particularly the transition from Small Business Champion to Small Business Commissioner with real mediation powers, bringing Queensland in line with other states.

“Having a commissioner with the power to negotiate rental disputes will give small businesses a hand when they are most in need.”— 2020-04-22View Hansard

Supported the bill as measured and in the right place, protecting both landlords and tenants. Criticised the government for miscommunication with industry bodies like the REIQ that led to community hysteria, but acknowledged the final legislation landed well.

“Where this legislation seems to have landed is quite measured. I believe it is in the right place. It does two things. It protects the rights of landlords, while also making sure those who are suffering hardship at the moment due to COVID-19 are not falling through the cracks.”— 2020-04-22View Hansard

Supported the bill from the Transport and Main Roads perspective, highlighting the need for the legislative framework to modify transport legislation requirements like medical certificates for senior drivers during the pandemic.

“We will not be found wanting when it comes to our response to this health emergency.”— 2020-04-22View Hansard