Justice and Other Legislation Amendment Bill 2023

Introduced: 25/5/2023By: Hon Y D'Ath MPStatus: PASSED with amendment

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced25 May 2023View Hansard
First Reading25 May 2023View Hansard
Committee25 May 2023 – 13 Sept 2023View Hansard

Referred to Legal Affairs and Safety Committee

Second Reading12 Sept 2023 – 13 Sept 2023View Hansard
32 members spoke31 support1 mixed
11.46 amMr MADDENSupports

Spoke in support of the bill, focusing on amendments allowing law practices to destroy client documents after seven years and increased cost disclosure thresholds for legal services.

I rise to speak in support of the Justice and Other Legislation Amendment Bill 2023.2023-09-13View Hansard
4.15 pmHon. YM D'ATHSupports

As Attorney-General, introduced the bill and moved the second reading, outlining reforms including removing restrictions on naming sexual offence defendants and recognising unborn children's deaths as an aggravating factor in criminal sentencing.

The bill delivers a number of justice-related initiatives for Queensland. It also clarifies, strengthens and updates legislation concerning the administration of justice, including the operation of courts and tribunals, regulation of the legal profession, conduct of civil proceedings and electoral matters.2023-09-12View Hansard
11.56 amMr McDONALDSupports

Strongly supported the bill, having championed Sophie's Law after working with the Milosevic family since 2016 following their tragic loss. Acknowledged the bipartisan approach that resulted in the legislation.

This legislation will not help them, but it will help other families who lose an unborn child at the hands of a criminal.2023-09-13View Hansard
4.32 pmMr NICHOLLSSupports

As shadow Attorney-General, criticised the use of omnibus bills but confirmed the LNP would support the legislation, particularly praising Sophie's Law provisions and welcoming the government's amendments to cost disclosure thresholds.

The LNP will obviously be supporting the legislation in that respect.2023-09-12View Hansard
12.06 pmHon. DE FARMERSupports

Supported the bill, acknowledging the member for Lockyer's advocacy and the Milosevics' bravery. As former minister for domestic and family violence prevention, welcomed the removal of restrictions on identifying sexual offence defendants.

I cannot thank the Milosevics enough for their bravery in the face of what must be unfathomable grief; to keep on with this over such a period of time and to have faith that it would happen if they just kept on going.2023-09-13View Hansard
4.57 pmMr HUNTSupports

As committee member, supported the bill and spoke about the importance of recognising unborn children's deaths as a result of criminal conduct, describing it as 'extremely civilised' reform.

One of the more significant and I think extremely civilised outcomes that will come into being as a result of this bill will be to better recognise the deaths of unborn children as a result of criminal conduct.2023-09-12View Hansard
12.16 pmMr WEIRSupports

Supported the bill's amendments to better recognise deaths of unborn children due to criminal conduct and the removal of defendant anonymity for sexual offences, acknowledging the member for Lockyer's work with the Milosevic family.

I would like to take the opportunity to acknowledge the work of the member for Lockyer, Jim McDonald, in his support of the Milosevic family in bringing about this amendment.2023-09-13View Hansard
5.07 pmMrs GERBERSupports

As deputy committee chair, criticised the omnibus nature of the bill but confirmed the LNP would not oppose it because it contains Sophie's Law, which LNP members had advocated for over many years.

The LNP will not oppose the bill because it contains Sophie's Law, which LNP members have been fighting for for years.2023-09-12View Hansard
12.26 pmMs PUGHSupports

Supported the bill, particularly praising the continuous monitoring provisions for JPs and the amendments allowing families to have their unborn child's name included on indictments, describing it as trauma-centred legislation.

I say to Sarah and Peter, who join us in the gallery today and who lost their baby girl Sophie in such horrible and unimaginable circumstances, that we are so sorry.2023-09-13View Hansard
5.17 pmMr RUSSOSupports

As committee chair, presented the committee's recommendation that the bill be passed and outlined the seven recommendations made during the inquiry process.

The Legal Affairs and Safety Committee, in its report No. 50, tabled in the Assembly on 28 July 2023, has recommended to the Assembly that this bill be passed.2023-09-12View Hansard
12.35 pmMs SIMPSONSupports

Strongly supported Sophie's Law and acknowledged the long struggle by families to achieve recognition. Raised concerns about the 'creep' to remove the definition of 'woman' from statute books and expressed concerns about redistribution time frames in Electoral Act amendments.

I also strongly support Sophie's Law which gives recognition to an unborn baby who was well loved and about to be welcomed into a family but for a criminal act that ripped that young life away from this family.2023-09-13View Hansard
5.34 pmMs BUSHSupports

As committee member, strongly supported the bill, emphasising its importance for victims of sexual assault and families who lose unborn children, and praised the government's responsiveness to victim needs.

I am really proud to be part of a government that does listen to the voices of victims.2023-09-12View Hansard
12.45 pmMs RICHARDSSupports

Supported the bill's amendments across multiple areas including defendant identification in sexual proceedings, recognition of unborn child deaths, and thanked JPs for their community service.

Thank you very much for your contribution to this piece of legislation. It is extremely important. I do not think there is much that can give you comfort, but hopefully that goes some way to providing justice for people in the future.2023-09-13View Hansard
5.43 pmMr KRAUSESupports

As committee member, welcomed Sophie's Law provisions and praised the advocacy of the member for Lockyer and the Milosevic family, while expressing concerns about electoral redistribution timing changes.

This bill should be known as Sophie's Law, but unfortunately due to the government putting these provisions into an omnibus bill it cannot be known expressly as Sophie's Law. However, the LNP welcomes the adoption of that law with the passage of this bill to recognise unborn children who die due to criminal offences.2023-09-12View Hansard
12.52 pmMs LEAHYSupports

Supported the bill, particularly Sophie's Law and the Electoral Act amendments on postal votes which she had advocated for since raising concerns about 57,000 rejected postal ballots at the 2020 election.

Peter and Sarah, thank you for never giving up. I am disappointed that this took so long to become a reality for your family and Sophie.2023-09-13View Hansard
5.57 pmMrs FRECKLINGTONSupports

Focused on supporting Sophie's Law provisions, acknowledging the advocacy of Peter and Sarah Milosevic and the member for Lockyer, while criticising the government for delays in bringing forward the reform.

I met with Peter and Sarah many times in relation to that. It was just unbelievable to see the closed door approach of the former attorney-general who is currently the Attorney-General again.2023-09-12View Hansard
2.00 pmMr MARTINSupports

Supported the bill's reforms including better recognition of unborn child deaths, removal of sexual offence defendant anonymity, and Electoral Act improvements for postal voting that would save up to 17,000 previously rejected votes.

I am proud to be part of a Palaszczuk government that is committed to improving the way the justice system supports victims, and these amendments progress an important aspect of this work.2023-09-13View Hansard
6.05 pmMr SULLIVANSupports

Spoke in support of the bill, emphasising the importance of the reforms to courts, tribunals and the legal system, and welcomed the accelerated commencement of sexual offence defendant naming provisions.

This bill might not be one that is splashed across the front page of the newspapers tomorrow or lead the nightly news bulletin, but it is important because it touches on crucial institutions in our democracy.2023-09-12View Hansard
2.09 pmMr MICKELBERGSupports

Supported the measures making death of an unborn child an aggravating factor, thanking the Milosevics and the member for Lockyer. Criticised the omnibus bill approach and raised concerns about postal vote rejections affecting close election results.

Sophie's legacy will be a safer Queensland where those who inflict harm on an unborn child will be sentenced accordingly.2023-09-13View Hansard
6.15 pmMr LANGBROEKSupports

Outlined the extensive scope of the bill's amendments across 30 acts and four regulations, and acknowledged the advocacy efforts behind Sophie's Law while noting concerns about regulatory burden changes.

The sheer breadth of topics covered in this single legislative package has sparked questions regarding its appropriateness, considering the diverse range of legal matters it encompasses.2023-09-12View Hansard
2.19 pmMr SMITHSupports

Supported the bill, paying tribute to the member for Lockyer's work. Emphasised the importance of the postal vote amendments to ensure eligible voters are not excluded due to envelope errors, particularly those with literacy challenges or English as a second language.

One of the important reasons we need to ensure these ballot papers are not excluded is because we are a wideranging community. There are people right across Queensland and also Australia who have different levels of literacy.2023-09-13View Hansard
6.21 pmMr SKELTONSupports

Supported the bill, focusing on the provisions recognising unborn children's deaths and the removal of defendant anonymity in sexual offence cases, noting these changes align Queensland with other jurisdictions.

The loss of an unborn child is devastating and to lose an unborn child as a result of another person's criminal conduct is profoundly distressing for the parents, their families and the wider community.2023-09-12View Hansard
2.29 pmMr LISTERSupports

Supported Sophie's Law and the Electoral Act amendments. Shared a personal story about veterans in hospital being missed during voting. Criticised the omnibus bill approach, arguing Sophie's Law deserved its own standalone legislation.

This is one of those moments when we can say that we have been present and part of something that is good.2023-09-13View Hansard
6.40 pmMr McCALLUMSupports

Supported the bill, emphasising it brings Queensland into line with other jurisdictions on defendant identification and enhances recognition of unborn children's deaths in criminal sentencing.

Apart than the Northern Territory, Queensland is the only state or territory that currently maintains a defendant's anonymity in certain cases. It is time to change that.2023-09-12View Hansard
2.37 pmMr POWERSupports

Strongly supported the bill, praising the bipartisan work between the member for Lockyer and successive attorneys-general. Criticised the Queensland Law Society's submission as implying judges would be arbitrary or unjust in applying the aggravating factor.

Sophie deserved no less. In recognising the member for Lockyer, Jim McDonald, I also recognise the Premier and the attorneys-general—the member for Redcliffe and the member for Waterford—who worked together collectively and constructively.2023-09-13View Hansard
6.50 pmMr MILLARMixed

Supported the bill's aims but raised significant concerns about unintended consequences for rural and Indigenous communities where naming sexual offence defendants could lead to vigilante action or discourage victims from reporting.

I can imagine a person accused of such an offence may become the subject of focused vigilante action on social media and even physically, even if they are later found to be innocent. We need to monitor this. In small towns they could easily be at risk physically.2023-09-12View Hansard
2.45 pmMs CAMMSupports

Supported the bill's provisions on identifying sexual offence defendants, arguing it helps destigmatise sexual offence complaints. Praised the bipartisan approach demonstrated in the chamber and thanked the member for Lockyer and the Milosevic family.

Sexual violence has no place in Queensland. It has no place in our community. We must take measures to ensure that when someone is violated through sexual violence they feel free and able to come forward.2023-09-13View Hansard
6.59 pmMr MADDENSupports

Began speaking in support of the bill before the debate was adjourned, noting it amends multiple pieces of legislation including the Criminal Code and Penalties and Sentences Act.

I rise to speak in support of the Justice and Other Legislation Amendment Bill 2023.2023-09-12View Hansard
2.51 pmMr BROWNSupports

Supported the bill, acknowledging the Milosevics' work and the member for Lockyer. Expressed appreciation that the legislation provides compensation for funeral costs of unborn children and that unborn children like Sophie and Miles will be acknowledged.

I believe that there should be an aggravating factor for the Milosevics and other families who are affected by these acts and I am glad to see it in this amendment.2023-09-13View Hansard
2.54 pmMr HEADSupports

Welcomed Sophie's Law and the postal voting changes. Acknowledged the Milosevics' tireless campaigning including their 135,000-signature petition. Expressed disappointment that Sophie's Law was not a standalone bill.

While it has been a long journey for Sarah and Peter in getting the government to introduce Sophie's Law, it is one we recognise as a tribute to Sophie and to see justice for other unborn babies who might meet a similar fate in the future.2023-09-13View Hansard
2.58 pmMrs GILBERTSupports

Supported the bill's amendments to better recognise deaths of unborn children due to criminal conduct, while noting the amendments do not affect women's ability to obtain lawful termination of pregnancy.

To lose an unborn child as the result of another person's criminal actions is profoundly distressing to the parents, the family and the whole community.2023-09-13View Hansard
3.01 pmHon. YM D'ATHSupports

As Attorney-General, delivered the reply to the second reading debate. Confirmed the bill enacts Sophie's Law, thanked the Milosevics and successive members and attorneys-general. Announced the media guide for sexual offence reporting would be released before 3 October commencement.

Let us be clear: this bill will enact Sophie's Law. That is what this does. Because of Sarah's and Peter's advocacy... other families who experience the unimaginable tragedy of losing their unborn child because of criminal conduct can get justice.2023-09-13View Hansard
In Detail13 Sept 2023View Hansard
Third Reading13 Sept 2023View Hansard
Became Act 23 of 202320 Sept 2023
This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill makes wide-ranging updates to Queensland's justice system, covering courts, tribunals, the legal profession, electoral processes, and victim recognition. It brings significant changes including allowing public identification of sexual offence defendants before committal, better recognition of unborn children's deaths in criminal proceedings, stronger oversight of JPs, and various administrative improvements.

Who it affects

The changes touch many Queenslanders - from sexual assault complainants and defendants, to families affected by crimes causing unborn child deaths, to voters, legal practitioners, and people who use JP services.

Sexual offence defendant identification

Removes the ban on publicly identifying adult defendants charged with rape and other sexual offences before their matter is committed for trial. This aligns Queensland with most other Australian states and aims to encourage other victims to come forward. Courts can still make non-publication orders to protect people in specific circumstances.

  • Adult defendants charged with sexual offences can now be publicly identified before committal
  • Courts can make non-publication orders on grounds including preventing hardship to complainants or protecting safety
  • Media must be notified of non-publication applications
  • Interim orders must be decided within 72 hours where practicable

Recognition of unborn children in criminal proceedings

Creates better recognition in the justice system when crimes result in the destruction of an unborn child's life. This responds to longstanding advocacy from affected families, while not changing the legal status of unborn children.

  • Indictments can now name an unborn child whose life was destroyed by criminal conduct
  • Courts must treat destruction of an unborn child's life as an aggravating factor when sentencing for serious offences like murder, manslaughter, grievous bodily harm, and dangerous driving
  • Family members who would have been related to the unborn child are now recognised as victims
  • Funeral expense assistance of up to $8,000 available for unborn children

Justices of the Peace oversight

Strengthens the appointment, monitoring and disciplinary framework for Justices of the Peace and Commissioners for Declarations to maintain public confidence in these important community roles.

  • New code of conduct for JPs and Cdecs to be made by the chief executive
  • Ongoing criminal history monitoring by Queensland Police after appointment
  • Chief executive can suspend JPs and Cdecs and appoint investigators for misconduct
  • Clearer disqualification criteria including for indictable offences and dishonesty

Legal profession changes

Allows law practices to manage old client files more practically while maintaining safeguards, and reduces red tape for cost disclosure on smaller legal matters.

  • Law practices can destroy client documents after 7 years if clients cannot be contacted
  • No cost disclosure required for legal costs under $750 (excluding disbursements)
  • Abbreviated disclosure for costs between $750 and $3,000
  • English proficiency confirmed as requirement for admission to legal profession

Electoral improvements

Makes practical changes to improve the conduct of Queensland elections ahead of the 2024 state election.

  • Electoral roll closes at 6pm on the cut-off day (previously unspecified time)
  • Postal voting eligibility expanded to hospital patients and carers for ill or infirm people
  • Ballot papers accidentally placed outside declaration envelopes can still be counted
  • Redistribution Commission must finalise redistributions 'as soon as practicable' rather than within 60 days

Termination of pregnancy clarification

Clarifies the Criminal Code offence relating to unqualified people assisting with terminations to ensure it does not criminalise financial support for lawful terminations.

  • People providing financial help to access lawful terminations are not committing an offence
  • Offence now specifically targets procurement of termination drugs from unqualified persons

Court and tribunal administration

Modernises various court administrative arrangements including allowing Land Court members to sit on QCAT and enabling courts to order disclosure of prospective defendants' identities.

  • Land Court members can be appointed as QCAT supplementary members
  • District Court and Magistrates Court can make preliminary disclosure orders
  • QCAT appointment advertising requirements removed
  • Court Funds Act replaced with modern framework under Civil Proceedings Act

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