Justice and Other Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill makes permanent several temporary measures introduced during the COVID-19 pandemic across the justice portfolio. It modernises how legal documents are executed by allowing electronic signatures and video call witnessing, improves access to domestic and family violence protection orders, allows licensed restaurants to permanently sell takeaway wine with meals, and extends commercial lease protections.
Who it affects
Anyone who needs legal documents witnessed benefits from remote and electronic options. Domestic and family violence victims gain easier access to protection orders. Licensed restaurant operators can permanently sell takeaway wine with meals.
Electronic document execution
Affidavits, statutory declarations, deeds and powers of attorney can now be created electronically, signed with electronic signatures, and witnessed over video call. Special witnesses with appropriate qualifications are required for remote witnessing. Nurse practitioners can now also certify capacity for advance health directives.
- Affidavits and statutory declarations can be electronically signed and witnessed over audio visual link by approved special witnesses
- Deeds no longer need to be on paper, sealed, or witnessed -- they just need a clear statement that the document is a deed
- Businesses can execute general powers of attorney electronically without witnesses
- Nurse practitioners can certify capacity for advance health directives, not just doctors
Domestic and family violence court access
Applicants for domestic violence protection orders can now verify their applications directly before a Magistrate instead of first finding a JP or lawyer. Courts can conduct DFV proceedings via video or audio link, and private parties can file documents electronically with approval.
- Private applicants can verify protection order applications by oath before a Magistrate instead of by statutory declaration
- Magistrates Courts can conduct DFV proceedings via audio visual or audio link
- Private parties can file DFV documents electronically with the Principal Registrar's approval
Takeaway wine for restaurants
Licensed restaurant operators can apply for a permanent licence condition allowing sale of up to two bottles (1.5 litres) of wine with a takeaway meal between 10am and 10pm. The Commissioner must be satisfied the operator has responsible service systems in place.
- Licensed restaurants can apply to permanently sell up to 1.5 litres of wine with takeaway meals
- Sales limited to between 10am and 10pm, wine only (no beer or pre-mixed drinks)
- Operators must demonstrate responsible service systems including age verification for online orders
- Application fee waived for eligible operators who held a COVID-19 temporary authority and apply before 1 July 2022
Commercial lease protections
The COVID-19 commercial lease regulation is extended so it can remain in force for up to two years after the COVID-19 legislation expiry day, continuing dispute resolution support through the Queensland Small Business Commissioner.
- Retail and commercial lease COVID-19 protections extended for up to two years beyond the legislation expiry day