Evidence and Other Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill makes changes across several areas of Queensland's justice system. It introduces shield laws to protect journalists' confidential sources in court, creates a framework for a pilot where police-recorded video statements can be used as evidence in domestic and family violence criminal proceedings, and establishes a process for viewing deceased persons' remains in criminal cases following the Daniel Morcombe inquest.
Who it affects
Journalists gain legal protection for their confidential sources. Victims of domestic and family violence in pilot locations may be able to give evidence via recorded statements rather than re-telling their story in court. Families of deceased persons in criminal cases gain protections to have remains returned sooner.
Journalist shield laws
Queensland becomes the last Australian jurisdiction to introduce shield laws protecting journalists' confidential sources. A journalist or media worker cannot be compelled to reveal a source's identity in most court proceedings, though a court can override the privilege if the public interest in disclosure outweighs the harm.
- Journalists gain a qualified privilege to refuse to identify confidential informants in court
- Applies broadly to anyone engaged in journalistic activities, including bloggers and citizen journalists
- Courts can override the privilege only after weighing the public interest, including the accused's right to a fair trial
- Does not apply to Crime and Corruption Commission proceedings
Video recorded evidence for DFV victims
A pilot program allows adult victims of domestic and family violence to have their police-recorded video statements used as their evidence-in-chief in criminal proceedings. This aims to reduce the trauma of re-telling experiences in court while preserving the right of the accused to cross-examine.
- Police body-worn camera statements can be used as a victim's evidence-in-chief in DFV criminal proceedings
- Victims must give informed consent and remain available for cross-examination
- Unauthorised possession, copying, or publication of recorded statements is an offence (up to 100 penalty units or 2 years imprisonment)
- Pilot scope controlled by regulation — locations and types of proceedings to be prescribed
Viewing remains of deceased persons
Following the Daniel Morcombe inquest, a new process ensures that the accused's right to view evidence is balanced against the right of families to have their loved one's remains returned for burial without unnecessary delay.
- New section 590ASA of the Criminal Code creates a specific process for viewing deceased persons' remains
- The accused or their lawyer can view the body, but only qualified experts can examine it
- Courts must consider the coroner's obligations to release the body under the Coroners Act 2003
Computer warrants and magistrate transfers
Technical changes clarify the operation of computer warrants for bail proceedings and reclassify Toowoomba as a regional posting for magistrates.
- Judicial officers no longer need to consider the signature on a computer warrant in bail failure-to-appear proceedings
- Service as a magistrate in Toowoomba now counts as regional experience for transfer decisions
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 Nov 2021 – 26 May 2022View Hansard
Referred to Legal Affairs and Safety Committee
▸Second Reading25 May 2022 – 26 May 2022View Hansard
▸20 members spoke20 support
Continued speech from previous day, focusing on the body-worn camera pilot for domestic violence proceedings. Drew on her police experience to explain current evidence-gathering processes and how the pilot would reduce victim trauma.
“Yesterday I was outlining the work that a police officer currently does when attending a domestic and family violence incident.”— 2022-05-26View Hansard
Welcomed the bill's shield laws for journalists but argued they should go further, flagging an LNP amendment to extend protections. Discussed the body-worn camera pilot for DV proceedings, changes to coronial examination procedures following the Morcombe inquest, and judicial retirement age.
“While the LNP welcome this change, we believe it can go further, and we will be seeking to move an amendment to the bill to extend the shield law protections.”— 2022-05-25View Hansard
Supported the bill, emphasising the importance of giving police further powers for evidentiary purposes and supporting certainty in criminal prosecution outcomes.
“As a layperson, I would certainly support through this House any additions that give certainty to outcomes of criminal prosecutions.”— 2022-05-26View Hansard
Supported the bill as committee chair, outlining the three key objectives: journalist shield laws, body-worn camera pilot for DV proceedings, and coronial examination reforms.
“I rise to speak in support of the Evidence and Other Legislation Amendment Bill.”— 2022-05-25View Hansard
Supported the bill, particularly the body-worn camera pilot that would spare domestic violence victims from having to retell their stories multiple times in court.
“It will mean that victims will not have to live with the trauma of retelling their story multiple times and relive the trauma they have experienced.”— 2022-05-26View Hansard
Supported the bill as a former committee member, discussing several aspects including shield laws and the body-worn camera pilot for DV proceedings.
“I too rise to address the Evidence and Other Legislation Amendment Bill 2021.”— 2022-05-25View Hansard
Supported the bill, focusing on journalist shield laws and acknowledging domestic violence as affecting people regardless of gender.
“I rise to give my contribution to the Evidence and Other Legislation Amendment Bill 2021.”— 2022-05-26View Hansard
Supported the bill as a committee member, providing detailed analysis of the shield laws and body-worn camera provisions.
“I rise to speak in support of the Evidence and Other Legislation Amendment Bill 2021.”— 2022-05-25View Hansard
Supported the bill, discussing shield laws for journalists, the body-worn camera pilot, and coronial examination reforms.
“Today it is a pleasure to rise to speak in support of the Evidence and Other Legislation Amendment Bill 2021.”— 2022-05-26View Hansard
Supported the bill, focusing on the importance of shield laws for journalists and sharing personal experiences about domestic and family violence that informed her support for the body-worn camera pilot.
“This bill is substantively about the introduction of shield laws for journalists in Queensland and, rightly so, has been the main focus of the contribution of others.”— 2022-05-25View Hansard
Supported the bill and government amendments, outlining the multiple acts being amended and the key policy objectives.
“I rise to speak in support of the Evidence and Other Legislation Amendment Bill 2021 and any amendments that may be proposed by the Attorney-General.”— 2022-05-26View Hansard
Supported the bill, particularly the body-worn camera pilot for DV proceedings. Drew on his experience as a former police officer to discuss the challenges of evidence gathering in domestic violence cases.
“I too want to acknowledge the contribution from the member for Cooper and thank her for her bravery in sharing those personal stories.”— 2022-05-25View Hansard
Supported the bill, particularly the body-worn camera pilot for domestic violence matters. Noted Queensland was behind other states including NSW, Victoria and South Australia in adopting this measure.
“Within the first six months of my appointment to this House and to the shadow portfolio of domestic and family violence prevention, I had spoken at length with Queensland Police Service officers who specialise in domestic and family violence prevention who felt that this was well overdue.”— 2022-05-26View Hansard
Supported the bill, particularly the shield law provisions, noting Queensland was the only jurisdiction without legislative protections for journalists' sources.
“For any democracy to thrive, the free availability of information is crucial.”— 2022-05-25View Hansard
Supported the bill, acknowledging the member for Macalister's personal statement on domestic violence. Discussed the shield laws and body-worn camera provisions as dealing with very important issues.
“This is a bill with a dry name but it is one that deals with some very important issues.”— 2022-05-26View Hansard
Supported the bill, focusing on the coronial examination reforms arising from the Morcombe inquest and the body-worn camera pilot for domestic violence situations.
“I rise in support of the Evidence and Other Legislation Amendment Bill, a bill that contains a number of important reforms.”— 2022-05-25View Hansard
Supported the bill, acknowledging the Morcombe family's contribution to driving coronial reform and the importance of shield laws for a free press.
“I support the Evidence and Other Legislation Amendment Bill 2021. This bill contains some very important reforms to improve our justice system in Queensland.”— 2022-05-26View Hansard
Confirmed the opposition is supporting the bill, particularly the introduction of shield laws for journalists as a rebuttable presumption.
“As the member for Clayfield has indicated, the opposition is supporting the bill.”— 2022-05-25View Hansard
Supported the bill, acknowledging the committee's work and the importance of the reforms including shield laws and the body-worn camera pilot.
“I rise to speak to the Evidence and Other Legislation Amendment Bill 2021.”— 2022-05-25View Hansard
Supported the bill, drawing on her police background to discuss the body-worn camera pilot for domestic violence proceedings and the shield law reforms.
“I rise to make a contribution in support of the Evidence and Other Legislation Amendment Bill 2021.”— 2022-05-25View Hansard
▸In Detail26 May 2022View Hansard
Amendments to clause 33 to extend journalist shield laws to cover hearings conducted by the Crime and Corruption Commission, in addition to courts of record.
Government amendments to clause 33 regarding onus of proof provisions for shield law applications, clause 36 correcting a drafting error in section 93AA, and clause 37 inserting 'domestic and family violence' training references.
That the amendments be agreed to
The motion was defeated.
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Ayes (34)
Noes (48)
That the amendment be agreed to
These divisions are associated with the Evidence and Other Legislation Amendment Bill but occurred during a later sitting day (26 May 2022). The debate on this section (25 May) was adjourned before divisions occurred.
The motion passed.
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Ayes (47)
Noes (32)
That the motion, as amended, be agreed to
These divisions are associated with the Evidence and Other Legislation Amendment Bill but occurred during a later sitting day (26 May 2022). The debate on this section (25 May) was adjourned before divisions occurred.
The motion passed.