Victims of Crime Assistance and Other Legislation Amendment Bill 2023
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Safety Committee
▸11 members spoke5 support6 oppose
Introduced the private member's bill to restore the CCC's reporting powers on corruption investigations, following the High Court's Carne decision. Argued it is urgent, citing CCC chair Barbour's frustration with delays.
“A failure to act will leave Queenslanders in the dark. A large number of corruption investigations where no prosecution is recommended but where valuable anti-corruption and public administration lessons can still be learned will be kept secret.”— 2024-08-20View Hansard
Introduced this private member's bill to fix deficiencies in the Crime and Corruption Act identified by the High Court in the Carne case, restore CCC reporting powers, and enable publication of CCC reports into Peter Carne and Jackie Trad.
“The LNP opposition is introducing this private member's bill to fix the Crime and Corruption Act 2001 because the Palaszczuk Labor government has failed to do so.”— 2023-10-11View Hansard
Opposed the private member's bill as too simple and reckless, arguing it fails to include appropriate safeguards recommended by former chief justice Holmes. Noted the bill would give the CCC unfettered reporting powers without parameters.
“It is not a case of just putting it back the way it was because there was no framework for what it was.”— 2024-08-20View Hansard
Opposed the bill as committee chair, outlining five main issues including lack of safeguards, no prohibition on prejudicing investigations, and the naming of three individuals depriving them of reply rights.
“By specifically naming three individuals and depriving those individuals of a right of reply under section 71A, the Nicholls private member's bill arguably breaches the following fundamental legislative principles.”— 2024-08-20View Hansard
Strongly supported the bill, accusing the government of running a protection racket to prevent publication of the CCC report into former deputy premier Jackie Trad. Argued the Holmes review was commissioned to delay legislative action.
“The LNP want it. The CCC want it. The Queensland public want it. Democracy calls for it, but the Labor Party will not allow it.”— 2024-08-20View Hansard
Opposed the bill as an incompetent political stunt, arguing it undermines the CCC's independence by giving it unfettered powers without safeguards. Cited the Holmes report as the proper framework.
“I put that report up for scrutiny and consideration against this cobbled together political stunt from the member for Clayfield and his mate the member for Kawana.”— 2024-08-20View Hansard
Opposed the bill as a PCCC member, drawing on her experience with the Logan inquiry to argue that appropriate safeguards are essential. Highlighted the significant mental health impacts of CCC investigations on those named.
“It was clear that the initial investigation into the Logan councillors had a significant impact on both the careers and the mental health of the councillors affected, and those impacts likely continue to this day.”— 2024-08-20View Hansard
Supported the bill, arguing the government is silencing the CCC ahead of the election. Cited CCC chair Barbour's testimony that the delay is frustrating and not in the public interest.
“If the Premier will not pass this bill today, he will be making it very clear to Queenslanders that he has no intention of mopping up corruption within the government or within his own party.”— 2024-08-20View Hansard
Opposed the bill as a committee member, arguing it gives the CCC unfettered reporting powers without adequate human rights safeguards. Supported the Holmes review's more nuanced approach.
“Under this bill, the CCC would have no limit or safeguard on their ability to table a public investigation report beyond the requirement to provide an opportunity for an adversely affected individual to comment.”— 2024-08-20View Hansard
Opposed the bill as a committee member, arguing it is deeply flawed and not based on an objective review of contemporary anti-corruption practice. Supported the government's bill based on the Holmes review.
“The private member's bill is a deeply flawed piece of legislation. It is not based on an objective review of contemporary anti-corruption practice, it does not have sufficient regard for human rights.”— 2024-08-20View Hansard
As an independent, supported the bill's restoration of CCC reporting powers, arguing the Holmes inquiry recommendations were problematic in preventing the CCC from making critical commentary and recommendations.
“There are behaviours that fall far below community expectations but do not rise to the level of criminal or disciplinary conduct. However, they could improve the integrity of government operations and surely the CCC should be able to comment and make recommendations.”— 2024-08-20View Hansard
Plain English Summary
Overview
This bill substantially increases financial assistance for victims of violent crime in Queensland, with the maximum payment rising from $75,000 to $120,000. It also recognises the seriousness of domestic and family violence by increasing special assistance payments for those victims from $1,000 to $9,000.
Who it affects
Victims of violent crime and their families will receive greater financial support, with domestic and family violence survivors seeing the largest increase in recognition and assistance.
Financial assistance increases
The bill raises maximum financial assistance across all victim categories. Primary victims can now receive up to $120,000 (previously $75,000), while funeral expense assistance rises to $15,000 (previously $8,000).
- Primary victim maximum increased from $75,000 to $120,000
- Secondary and related victim maximums increased from $50,000 to $75,000
- Funeral expense maximum increased from $8,000 to $15,000
- Distress payments for related victims increased from $10,000 to $15,000
Domestic violence recognition
Domestic and family violence is recategorised from the lowest category (D) to the second-highest category (B), dramatically increasing the special assistance payment for these victims.
- Domestic violence recategorised from Category D to Category B
- Special assistance for DFV victims increased from $1,000 to $9,000
- Recognises domestic violence as comparable to grievous bodily harm and sexual offences
Victim representation on Sentencing Council
The Queensland Sentencing Advisory Council is expanded to ensure victims have a voice in sentencing policy.
- Council membership expanded from 12 to 14 members
- At least one member must have lived experience as a crime victim