Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
Confirmed opposition support for the bill as necessary in extraordinary times but criticised the lack of committee scrutiny and stakeholder consultation. Opposed clause 10 on early prisoner release and foreshadowed amendments to the Youth Justice Act.
“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
Plain English Summary
Overview
This bill amends over 20 Queensland Acts to respond to the COVID-19 public health emergency. It provides financial relief for businesses and individuals, expands emergency powers for health and corrective services, and gives government agencies operational flexibility during the pandemic. Most provisions were set to expire on 31 December 2020.
Who it affects
The bill affects a wide range of Queenslanders including apartment owners, construction and cleaning workers, gaming and hospitality businesses, prisoners, disability service clients, mental health patients, and manufactured home residents.
Financial relief for property owners and workers
Bodies corporate can reduce contributions, defer payments, and waive penalty interest for lot owners experiencing COVID-19 hardship. Construction and cleaning workers can access their portable long service leave after 5 years instead of 10 if facing financial difficulty.
- Bodies corporate can adopt reduced sinking fund budgets
- Penalty interest on late body corporate contributions suspended
- Portable long service leave accessible after 5 years for hardship cases
- Borrowing limits for bodies corporate doubled
Gaming, liquor and hospitality support
Gaming taxes can be deferred or waived for casinos, gaming machines, keno and lotteries. Licensed venues whose operations were disrupted by public health directions can obtain takeaway liquor authorities to continue trading.
- Minister can defer or waive gaming taxes with Treasurer approval
- Commissioner can issue takeaway liquor authorities to affected venues
- Gaming tax deferrals validated retrospectively from March 2020
- Takeaway liquor authorities can apply retrospectively from 23 March 2020
Corrective services and youth detention
Prisoners can be released to parole up to 7 days early to assist with safe release during transport restrictions. Emergency declarations can now apply to all corrective services facilities, not just prisons.
- Early release to parole up to 7 days before release date
- Acting Parole Board member appointments extended from 3 months to 1 year
- Emergency declarations extended to all corrective services facilities
- Non-public service employees can be appointed as temporary youth detention centre staff
Disaster management and compensation
Disaster situation declarations for COVID-19 can be extended by up to 90 days instead of 14 days. Compensation claims for loss or damage from COVID-19 emergency powers are excluded.
- Disaster situation declarations extendable by up to 90 days
- No compensation for loss from COVID-19 emergency powers (retrospective from 22 March 2020)
Environmental approvals flexibility
Businesses exceeding environmental thresholds due to COVID-19 can obtain temporary environmental authorities without full application processes. The Environment Minister can exempt approval holders from certain conditions.
- Temporary environmental authorities available for COVID-19 affected businesses
- No fees for temporary environmental authority applications
- Minister can exempt compliance with certain approval conditions
- Temporary authorities valid until 30 June 2021
Health and disability services
Disability service providers have immunity for locking premises to ensure clients comply with public health directions. Mental health patients can be approved for temporary absences to comply with isolation requirements.
- Civil and criminal immunity for locking premises to enforce public health compliance
- Visitors can be refused entry to Forensic Disability Service during COVID-19
- Chief psychiatrist can approve patient absences for public health compliance
- Authorised mental health service declarations can be made via website instead of gazette
COVID-19 testing and public health powers
A new scheme allows courts to order COVID-19 testing of persons who cough, sneeze or spit on police or others during arrest. Emergency officers can direct parents to keep children in isolation.
- Courts can order COVID-19 testing of persons who cough, sneeze or spit during arrest
- Emergency officers can direct parents about child isolation
- Public health directions can take effect from a future date
- Chief executive can delegate confidential information disclosure powers
Local government and manufactured homes
Councils can adjust rates and charges mid-year without a formal budget meeting. Site rent increase processes for manufactured home residents can be temporarily modified.
- Councils can decide rates outside budget meetings for 2020-21
- Regulation can modify manufactured home site rent increase processes
- Private health facility fees can be waived or deferred for COVID-19 hardship