Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020
Plain English Summary
Overview
This bill amends over 20 Queensland Acts to respond to the COVID-19 public health emergency. It provides temporary financial relief for workers, businesses, body corporate owners, and local governments, adjusts operational rules for health, disability, corrective services, and youth detention facilities, and creates new enforcement powers including court-ordered COVID-19 testing of people who cough, sneeze, or spit on others during an offence. Most provisions expired on 31 December 2020.
Who it affects
This bill affects a wide range of Queenslanders, from building workers and cleaning workers who could access long service leave early, to licensed venue operators who could sell takeaway liquor, to body corporate lot owners who got relief from contribution deadlines and penalties, to people who were coughed or spat on during an assault and could seek a COVID-19 test order.
Workers' financial relief
Building and construction workers and contract cleaning workers experiencing COVID-19 financial hardship could access their portable long service leave entitlements after 5 years of service instead of the usual 10 years.
- Workers in building/construction and contract cleaning could access portable long service leave after 5 years instead of 10 years
- Eligibility required evidence of financial hardship due to COVID-19 (e.g. stood down, workplace closed, quarantine, caring for vulnerable person)
- Applications had to be made before 31 December 2020
Body corporate and strata owner relief
Bodies corporate were given temporary flexibility to reduce sinking fund contributions, defer payment deadlines for owners in hardship, suspend penalty interest, and double borrowing limits.
- Sinking fund budgets could be reduced by removing anticipated major expenditure amounts
- Committees could extend contribution due dates for owners suffering financial hardship
- Penalty interest on late contributions suspended until 31 December 2020
- Borrowing limits doubled (e.g. to $500 per lot for most schemes, $6,000 for small schemes)
Gambling tax relief for venues
The Minister could defer or waive gaming machine taxes, casino taxes, keno taxes, and lottery taxes for operators affected by COVID-19 closures, with Treasurer approval. This validated the previously announced $50 million deferral of March 2020 gaming taxes.
- Minister could defer or waive gaming taxes from March to December 2020
- Retrospective operation from 1 March 2020 to validate the existing $50M tax deferral
- Deferred taxes had to be paid by 30 June 2021
Takeaway liquor for venues
Licensed venues whose normal operations were disrupted by public health directions could be granted a Takeaway Liquor Authority by the Commissioner for Liquor and Gaming, allowing them to sell takeaway liquor even if their licence did not normally permit it.
- Commissioner could grant Takeaway Liquor Authorities to individual licensees or classes of licensees
- Authorities could include conditions on sale times and maximum amounts per transaction
- Authorities could have retrospective effect from 23 March 2020
- Commissioner could immediately suspend an authority for up to 10 days if public harm was likely
Local government rates flexibility
Local councils gained a temporary power to set rates and charges for the 2020-21 financial year by resolution outside the annual budget meeting, giving them flexibility to respond to the uncertain economic impacts of COVID-19.
- Councils could decide rates and charges by resolution outside the budget meeting
- New rates applied only from the date of the resolution to 30 June 2021
- Applied to all Queensland local governments and Brisbane City Council
Manufactured home site rent protections
A regulation-making power was created to temporarily modify or suspend the processes for increasing site rent in manufactured home residential parks, protecting home owners (typically seniors on fixed incomes) from market review rent increases during COVID-19 restrictions.
- Processes for increasing or reducing site rent could be modified or suspended by regulation
- Processes for disputing proposed site rent increases could also be modified
- Regulation could override the Manufactured Homes Act except the Human Rights Act 2019
- Maximum penalty of 100 penalty units for contravention of the regulation
Health, disability, and mental health operations
Disability service providers gained civil and criminal immunity for locking gates, doors, or windows to help adults with intellectual or cognitive disabilities comply with public health directions. The Forensic Disability Service could restrict visitors and modify community treatment. Mental health patients could be temporarily absent from authorised services to comply with COVID-19 directions.
- Disability service providers could lock premises to ensure compliance with public health directions, with immunity if they followed the departmental policy
- Forensic Disability Service could restrict visitor access and modify community treatment plans
- Chief Psychiatrist could approve temporary absences for mental health patients to comply with COVID-19 detention orders
- Chief Health Officer could waive or defer private health facility fees for operators in financial hardship
Corrective services and youth detention
The chief executive could release prisoners up to 7 days before their parole date to manage safe release during transport restrictions. Emergency declaration powers were expanded to all corrective services facilities. Temporary non-public-service employees could be appointed in youth detention centres.
- Prisoners could be released up to 7 days before their scheduled parole date
- Emergency declarations could cover all corrective services facilities, not just prisons
- Parole Board acting appointments extended from 3 months to 1 year
- Non-public-service employees could be temporarily appointed as youth detention centre staff
COVID-19 test orders for assault offenders
A new court-ordered testing scheme allowed police to apply to a magistrate for an order requiring a person arrested for assault to provide a respiratory tract sample for COVID-19 testing, where the person had coughed, sneezed, or spat on someone during the offence.
- Police could apply for a COVID-19 test order from a magistrate (or Childrens Court for children)
- A doctor or prescribed nurse could use reasonably necessary force to take a respiratory tract sample
- Unlawful disclosure of test results carried a maximum penalty of 40 penalty units or 6 months imprisonment
- Test results were inadmissible as evidence in proceedings against the offender
- The person could appeal the order to the District Court within 24 hours
Disaster management and environmental protections
The disaster situation extension period was increased from 14 days to 90 days for the COVID-19 disaster. Compensation for loss from exercise of disaster powers was removed retrospectively from 22 March 2020. Temporary environmental authorities could be issued for activities that increased in scale due to COVID-19.
- Disaster situation could be extended for up to 90 days instead of 14 days
- No compensation payable for loss or damage from exercise of COVID-19 disaster powers (retrospective from 22 March 2020)
- Temporary environmental authorities available for activities exceeding normal thresholds due to COVID-19
- Environment Minister could exempt approval holders from specific conditions they could not comply with due to COVID-19 restrictions
Public health enforcement powers
Public health directions could take effect from a specified later date. Emergency officers could direct parents to keep children in isolation for up to 14 days. The chief executive gained broader delegation powers for disclosing confidential contact tracing information.
- Emergency officers could direct parents to keep their child at a stated place for up to 14 days of isolation
- Public health directions could take effect when given or at a later specified time
- Chief executive could delegate power to disclose confidential contact tracing information to the Chief Health Officer and one other qualified person
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee19 May 2020View Hansard
Referred to Legal Affairs and Community Safety Committee
▸Second Reading20 May 2020View Hansard
▸25 members spoke23 support2 mixed
Supported the bill overall while criticising the government's approach to COVID-19 restrictions, particularly border closures and the lack of a clear road map for recovery. Raised concerns about impacts on the tourism industry and small businesses.
“The opposition will not be opposing this bill, but we have the deepest of reservations about the way this government continues to operate.”— 2020-05-21View Hansard
Confirmed the opposition's support for the bill given the extraordinary COVID-19 circumstances, but opposed clause 10 allowing prisoners to be released on parole seven days early and foreshadowed amendments to the Youth Justice Act. Criticised the lack of committee scrutiny and stakeholder consultation.
“I want to confirm the opposition's support for the bill because these are extraordinary times and they require significant measures from the government to address them. We oppose clause 10 relating to letting prisoners out seven days early on parole.”— 2020-05-20View Hansard
Spoke in support of the bill's amendments to local government legislation, explaining the need for flexibility in local government operations during the COVID-19 emergency including rate deferrals and meeting arrangements.
“These amendments will ensure that local governments can continue to deliver essential services to their communities during this unprecedented time.”— 2020-05-21View Hansard
Supported the bill while raising concerns about disability services, corrective services provisions and the need for greater transparency in the government's COVID-19 response.
“Whilst we do not oppose this bill, the government should be providing greater transparency and accountability in its decision-making during this crisis.”— 2020-05-21View Hansard
Spoke in support of the bill's amendments to portable long service leave, liquor licensing and manufactured homes legislation, emphasising the need to support workers and businesses through the COVID-19 crisis.
“These measures will provide much needed relief for workers who have been stood down or had their hours significantly reduced as a result of the COVID-19 pandemic.”— 2020-05-21View Hansard
Supported the bill while criticising the government's handling of various aspects of the COVID-19 response, particularly regarding the liquor act amendments and wildlife exhibitor provisions.
“We will support these amendments, but we believe the government should have gone further in supporting businesses that have been devastated by the COVID-19 restrictions.”— 2020-05-21View Hansard
Spoke in support of the bill's youth detention provisions, explaining the need for temporary staffing measures to ensure the safe management of youth detention centres during the COVID-19 emergency.
“These amendments will ensure that our youth detention centres can continue to operate safely and effectively during this public health emergency.”— 2020-05-21View Hansard
Supported the bill while calling for greater focus on regional Queensland communities and the easing of restrictions in areas with minimal COVID-19 cases.
“The KAP will be supporting this bill, but we urge the government to consider the unique circumstances of regional and remote communities in its response.”— 2020-05-21View Hansard
Spoke in support of the bill's disability services provisions, explaining the need for flexible arrangements to ensure continuity of care for people with disabilities during the COVID-19 emergency.
“These amendments will ensure that our most vulnerable Queenslanders continue to receive the support and care they need during this crisis.”— 2020-05-21View Hansard
Supported the bill while raising concerns about the government's corrective services provisions and emphasising the need for stronger protections for police and frontline workers, particularly regarding COVID-19 testing powers for those who assault officers.
“We support measures that protect our frontline workers, but we have serious concerns about provisions that would have allowed the early release of prisoners.”— 2020-05-21View Hansard
Spoke in support of the bill's police powers and corrective services provisions, defending the government's approach to ensuring the safe operation of correctional facilities during the pandemic.
“These amendments provide our police with the powers they need to protect themselves and the community during this unprecedented public health emergency.”— 2020-05-21View Hansard
Supported the bill but raised significant concerns about border closures, COVID-19 testing capacity, the lack of a state budget and the government's overall management of the pandemic response.
“We will support this bill, but Queenslanders deserve a budget, a clear plan and certainty about when their state will reopen.”— 2020-05-21View Hansard
Spoke in support of the bill's portable long service leave amendments, explaining how the changes would help workers in the building and construction and contract cleaning industries access their entitlements earlier during the COVID-19 crisis.
“These changes will allow workers who have been stood down or lost their jobs to access their long service leave after five years instead of ten, providing them with a financial lifeline.”— 2020-05-21View Hansard
Supported the bill's measures including gaming machine tax relief for clubs and portable long service leave amendments, while strongly criticising the government's now-withdrawn prisoner early release provisions and its priorities during the crisis.
“As business is struggling and seeking support, as the Courier-Mail put it, 'Amid a jobs crisis, for seven hours yesterday the government thought a priority was to release prisoners early.'”— 2020-05-21View Hansard
Spoke in support of the bill's health portfolio amendments, explaining how the changes to the Public Health Act, Private Health Facilities Act and Mental Health Act would support Queensland Health's ongoing COVID-19 emergency response.
“The amendments clarify the detention powers of emergency officers when a public health direction comes into effect and that an emergency officer may give a child's parent or guardian a direction for a child, either instead of or in addition to giving the direction to the child itself.”— 2020-05-21View Hansard
Supported the bill including changes to the Environmental Protection Act and Gaming Machine Act, while strongly criticising the government's handling of border closures and the devastating impact on the Gold Coast tourism industry from mixed messages about reopening timelines.
“Do not be a warrior in William Street and a coward in Cavill Avenue. Come down and look those people in the eye.”— 2020-05-21View Hansard
Spoke in support of the bill's amendments to the Liquor Act allowing takeaway liquor authorities for licensed venues, explaining the importance of liquor sales as a profit margin for hospitality businesses pivoting to takeaway during COVID-19 restrictions.
“For many venues, liquor is the profit margin. Food is comparatively expensive to produce thanks to labour costs but, of course, there is also the potential for really high wastage.”— 2020-05-21View Hansard
Expressed frustration that the omnibus bill was rushed with minimal scrutiny time, and argued the government should prioritise rolling back restrictions in regional Queensland rather than offering token gestures. Supported border closures but wanted regional communities to enjoy local amenities sooner.
“We would much rather be spending this parliamentary week on robust debate about rolling back restrictions earlier on business in regional and rural Queensland while they continue to maintain social distancing requirements.”— 2020-05-21View Hansard
Spoke in strong support of the bill and the government's overall COVID-19 response, praising Queenslanders for following health advice and highlighting the bill's provisions for portable long service leave, police COVID testing powers and manufactured homes protections.
“If we are to be able to continue to do everything that we want to do outside of our homes, then we depend collectively on every Queenslander to keep every other Queenslander safe.”— 2020-05-21View Hansard
Supported the bill's measures but criticised the government's confused messaging on border reopening and travel restrictions, arguing the Gold Coast tourism industry was suffering disproportionately and calling for adoption of the national commercial leasing code of conduct.
“All we are simply asking for is a road map to recovery not a roadblock to recovery. That is essentially what we are getting from this government.”— 2020-05-21View Hansard
Spoke in support of the bill, providing a detailed account of the government's legislative COVID-19 response timeline and praising the work of West Moreton Health in managing the pandemic locally.
“This bill is an omnibus bill that will amend over 20 individual acts. The broad sweep of the acts to be amended include legislation that relates to local government, disaster management, long service leave, support for small businesses, gambling laws, health care, environmental laws.”— 2020-05-21View Hansard
Supported measures including the Liquor Act amendments for small pubs and increased penalties for deliberate spitting or coughing, while criticising the government's handling of border closures, gun shop closures and the withdrawn prisoner early release provisions.
“I applaud the increasing of the penalty and recognise the seriousness of the despicable act of spitting, coughing or sneezing on people deliberately. I think that that is assault in every sense.”— 2020-05-21View Hansard
Spoke as Minister for Housing and Public Works in support of the bill's manufactured home park provisions, explaining the temporary regulation-making power to modify or suspend site rent increase processes during the COVID-19 emergency period.
“I think this regulation-making power allows us to find a good middle ground between protecting home owners from the risks and also protecting the interests of the operators and saving them unnecessary expense.”— 2020-05-21View Hansard
Supported the bill but criticised the lack of parliamentary scrutiny, the government's failure to adopt the national commercial leasing code, problems with the QRIDA loans program, confusion over border reopening timelines and red tape in the training sector.
“Provisions for regulations to override primary legislation are very dangerous. As we know, regulations only come back to the parliament for possible disallowance en masse, not by subtext.”— 2020-05-21View Hansard
Spoke in support of the bill, highlighting the government's record of business support during COVID-19 and championing the manufactured home park site rent protections as one of the government's greatest achievements.
“One of the most important amendments I want to address is the temporary power to modify or suspend the process for increasing site rents in home parks. I feel very passionate about this and I actually believe this is one of the greatest things we have achieved in our term.”— 2020-05-21View Hansard