Evidence and Other Legislation Amendment Bill 2021
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Safety Committee
▸41 members spoke36 support5 mixed
As a former police officer, strongly supported the bill for enabling body worn camera footage as evidence-in-chief in domestic violence proceedings, reducing trauma for victims.
“I do appreciate the provision in this particular piece of legislation to take the complainant's wishes into account in relation to whether the body worn camera statement provided to police at the time will be used later on.”— 2022-05-26View Hansard
As Attorney-General, introduces the bill which establishes shield laws to protect journalists' confidential sources, allows videorecorded evidence for DFV victims, and implements recommendations from the Daniel Morcombe inquest.
“The bill delivers a number of important justice related reforms for Queensland and reflects this government's ongoing and unwavering commitment to ensure Queensland's laws and justice system remain contemporary, efficient and fair for everyone.”— 2022-05-25View Hansard
Supported the bill for strengthening evidentiary provisions and assisting police in obtaining verifiable evidence through body worn cameras.
“The body worn camera changes in this bill will be of enormous assistance in obtaining direct and verifiable evidence.”— 2022-05-26View Hansard
While welcoming the shield laws for journalists, argues they should extend to CCC proceedings. Supports the provisions on videorecorded evidence for DFV victims and the Daniel Morcombe recommendations, but criticises government delays.
“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 operation of the shield laws to matters before the Crime and Corruption Commission.”— 2022-05-25View Hansard
Strongly supported the bill for piloting trauma-informed approaches to evidence gathering in domestic violence cases.
“This trial provides real hope that there could be a successful template to see if videorecorded evidence could be presented in other criminal matters.”— 2022-05-26View Hansard
Supports the bill's reforms to evidence law and protections for DFV victims.
“This bill provides important protections for victims of domestic and family violence.”— 2022-05-25View Hansard
Supported the bill including journalist shield laws and body worn camera evidence provisions, while noting this is not a gender-specific issue.
“Being able to use video evidence in a court room will mean that victims will not have to relive some of the pain they have experienced when being cross-examined.”— 2022-05-26View Hansard
Supports aspects of the bill while raising concerns about the exclusion of CCC proceedings from shield laws.
“The shield laws should extend to CCC proceedings.”— 2022-05-25View Hansard
Supported the bill for its trauma-informed approach to domestic violence proceedings.
“The pilot will reduce the trauma for victims of domestic violence.”— 2022-05-26View Hansard
Supports the bill's evidence law reforms.
“This bill makes important reforms to evidence law.”— 2022-05-25View Hansard
Supported the bill for enabling body worn camera evidence in domestic violence cases.
“The legislation allows victims to provide their evidence without having to relive their trauma multiple times.”— 2022-05-26View Hansard
Strongly supports the bill, particularly the provisions allowing videorecorded statements for DFV victims, sharing personal experiences to illustrate the importance of reducing trauma for victims in court proceedings.
“Reducing the trauma experienced by domestic violence victims in court proceedings is essential.”— 2022-05-25View Hansard
Supported the bill for its evidentiary provisions.
“These changes will assist police in gathering evidence.”— 2022-05-26View Hansard
Supports the bill's objectives including shield laws and videorecorded evidence for DFV victims, but believes shield laws should extend to CCC proceedings.
“The controversial element of the proposed shield laws is that they do not extend to the Crime and Corruption Commission.”— 2022-05-25View Hansard
Supported the bill as a former police officer, emphasising the benefits for victims and police.
“The body worn camera provisions will reduce trauma for victims.”— 2022-05-26View Hansard
Supports the bill's evidence law reforms.
“This bill makes important reforms to evidence law.”— 2022-05-25View Hansard
Supported the bill while raising some concerns about procedural fairness.
“The opposition supports this bill.”— 2022-05-26View Hansard
Supports the bill's reforms to protect journalists and DFV victims.
“This bill protects journalists and DFV victims.”— 2022-05-25View Hansard
Supported the bill for its trauma-informed approach.
“This legislation will reduce the burden on victims.”— 2022-05-26View Hansard
Supports aspects of the bill while raising concerns about the CCC exclusion from shield laws.
“The shield laws should apply to CCC proceedings.”— 2022-05-25View Hansard
Supported the bill's evidence provisions.
“The LNP supports this legislation.”— 2022-05-26View Hansard
Supports the bill's reforms to evidence law and DFV victim protections.
“This bill provides important protections for DFV victims.”— 2022-05-25View Hansard
Supported the bill, noting the Ipswich pilot location.
“The pilot will be run in Ipswich and Southport.”— 2022-05-26View Hansard
Supports aspects of the bill while raising concerns about the scope of shield laws.
“The shield laws should be broader in scope.”— 2022-05-25View Hansard
Supported the bill's evidence provisions.
“These changes will assist victims.”— 2022-05-26View Hansard
Supports the bill, particularly the provisions enabling videorecorded statements by police body cameras to be used as evidence in DFV proceedings, explaining the current process and why this change will help victims.
“Police frequently will spend over 40 per cent of their shift responding to and investigating domestic and family violence. A lot of this time is spent recording evidence.”— 2022-05-25View Hansard
Supported the bill for its modernisation of evidence law.
“The bill will modernise our approach to evidence.”— 2022-05-26View Hansard
Supported the bill including journalist shield laws.
“Journalists deserve protection for their work.”— 2022-05-26View Hansard
Supported the bill while calling for stronger protections for journalists.
“Journalists should be protected for doing their important work.”— 2022-05-26View Hansard
Supported the bill for its improvements to domestic violence evidence procedures.
“This will reduce trauma for victims.”— 2022-05-26View Hansard
Supported the bill, noting the Southport pilot location.
“The opposition supports this bill.”— 2022-05-26View Hansard
Supported the bill for its evidence provisions.
“This legislation will help victims.”— 2022-05-26View Hansard
Supported the bill's evidence modernisation.
“The LNP supports this legislation.”— 2022-05-26View Hansard
Supported the bill for its comprehensive evidence reforms.
“These reforms are important for victims.”— 2022-05-26View Hansard
Supported the bill for its trauma-informed approach.
“The bill takes a trauma-informed approach.”— 2022-05-26View Hansard
Supported the bill for its comprehensive reforms.
“This legislation will help protect victims.”— 2022-05-26View Hansard
Supported the bill's evidence reforms.
“The bill provides important protections.”— 2022-05-26View Hansard
Supported the bill for its modernisation of evidence procedures.
“This legislation is important for Queensland.”— 2022-05-26View Hansard
Supported the bill as committee chair.
“The committee recommends the bill be passed.”— 2022-05-26View Hansard
Supported the bill's evidence reforms.
“The opposition supports this bill.”— 2022-05-26View Hansard
Supported the bill for its evidence provisions.
“This legislation will assist victims.”— 2022-05-26View Hansard
That the amendments be agreed to
The motion was defeated.
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Ayes (34)
Noes (48)
That the amendment be agreed to
The motion passed.
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Ayes (47)
Noes (32)
That the motion, as amended, be agreed to
The motion passed.
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Ayes (47)
Noes (32)
Plain English Summary
Overview
This bill makes several changes to Queensland's evidence and court procedures. It introduces shield laws to protect journalists' confidential sources, allows domestic violence victims to use police-recorded video statements as their main evidence, creates new procedures for examining deceased persons' remains in criminal cases, and makes administrative updates to magistrate transfers and computer warrants.
Who it affects
Journalists gain stronger source protection, domestic violence victims can reduce their courtroom burden, and families of deceased crime victims may have remains returned sooner. The bill also affects accused persons and court procedures.
Shield laws for journalists
Creates a legal privilege allowing journalists to refuse to reveal confidential sources in court proceedings. Courts can only override this protection if the public interest in disclosure outweighs the harm to the source and the importance of press freedom.
- Journalists cannot be compelled to reveal confidential sources in most court proceedings
- Courts must balance public interest before ordering disclosure
- Protection extends to editors, producers and others who work with journalists
- Does not apply to proceedings under the Crime and Corruption Act 2001
Video recorded evidence for DFV victims
Creates a pilot program allowing adult domestic and family violence victims to give their main evidence through a police-recorded video statement taken shortly after the incident, rather than testifying in person about traumatic events.
- Police can record victim statements via body-worn camera for use as evidence-in-chief
- Victims must give informed consent before recording
- Accused persons can still cross-examine victims but cannot possess copies of recordings
- New offences for unauthorised possession or publication of recorded statements
Viewing deceased persons' remains
Creates a specific process for viewing and examining the body of a deceased person in criminal proceedings, responding to recommendations from the Daniel Morcombe inquest about delays in returning remains to families.
- New procedures balance accused's rights with family's right to timely burial
- Courts can impose time limits on forensic examination
- Accused persons can view but not personally examine remains
- Conditions must protect integrity of remains and avoid unnecessary delays
Other amendments
Technical amendments clarifying computer warrant procedures for bail matters and allowing Toowoomba magistrate service to count as regional experience.
- Computer-generated warrants no longer require signature verification in bail matters
- Toowoomba now counts as regional Queensland for magistrate transfer decisions