COVID-19 Emergency Response and Other Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill extends Queensland's temporary COVID-19 emergency legislation to 30 September 2021, gives local governments flexibility to adjust rates mid-year, creates a framework for holding COVID-safe local government by-elections and fresh elections, and extends temporary remote meeting arrangements for councils.
Who it affects
Renters and commercial tenants retain temporary protections, local government ratepayers may see mid-year rate adjustments, and voters and candidates in local government by-elections face new health-related voting arrangements.
Extension of COVID-19 emergency legislation
Extends the expiry of all temporary COVID-19 legislation from 30 April 2021 to 30 September 2021. This covers emergency powers across residential tenancies, commercial leases, courts, corrections, gaming taxes, education, and other sectors.
- COVID-19 legislation expiry day extended from 30 April 2021 to 30 September 2021
- Temporary protections for renters and commercial tenants continue to apply
- Gaming tax deferral and waiver provisions extended to 30 September 2021
- Transitional regulation-making power expanded so the responsible Minister can manage the return to normal operations
Local government rates and charges
Allows all Queensland local governments, including Brisbane City Council, to make 'extraordinary decisions' to adjust rates and charges outside the annual budget meeting for the 2021-22 financial year, to respond to the economic impacts of COVID-19.
- Councils can adjust rates and charges by resolution outside the annual budget meeting
- New rates apply no earlier than the day the resolution is made
- The annual budget must be amended at the same meeting to reflect any changes
- These provisions expire on 30 June 2022
COVID-safe local government elections
Creates new Part 9B in the Local Government Electoral Act to provide flexibility for holding local government by-elections and fresh elections during the pandemic, with powers to postpone polling, conduct postal ballots, and regulate candidate and scrutineer conduct.
- Minister can postpone a polling day for more than two months if public health requires it
- Minister can direct that a poll be conducted entirely by postal ballot
- Electoral Commission Queensland can expand electronically assisted voting and modify postal vote timelines
- Penalties of up to 20 penalty units for candidates or scrutineers who breach health safety directions at polling booths
Local government meeting arrangements
Extends temporary provisions that allow council and committee meetings to be held by audio or video link and to be closed to the public for COVID-19 health and safety reasons.
- Expiry of temporary remote meeting provisions extended from 30 June 2021 to the COVID-19 legislation expiry day
- Meetings can continue to be closed to the public where there are health and safety risks from COVID-19
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee11 Mar 2021View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined the bill over approximately one month under expedited timeframes, receiving 10 submissions and holding a public hearing with nine stakeholder organisations. The committee unanimously recommended the bill be passed, finding broad stakeholder support for extending temporary COVID-19 legislative measures to 30 September 2021. While supportive overall, the committee noted concerns about the fairness of takeaway liquor authorities for hotels and the transparency of local government rate-setting and meeting closure provisions, and encouraged the Attorney-General to clarify expectations around councils' use of temporary meeting powers.
Key findings (5)
- Stakeholders broadly supported extending the temporary COVID-19 legislative framework, recognising the continued uncertainty posed by the pandemic and the need for flexible responses to potential outbreaks
- The Queensland Hotels Association raised concerns that takeaway liquor authorities were disadvantaging hotels and bottle shops by allowing restaurants and cafes to sell takeaway alcohol outside their usual licence conditions, particularly in regional areas
- The Queensland Resources Council, Queensland Farmers' Federation and AgForce expressed concerns that local government extraordinary rate-setting powers could lead to unpredictable and non-transparent rate increases affecting the resources and agricultural sectors
- Community groups raised concerns that some councils were using temporary meeting closure provisions to restrict public access to council meetings despite broader COVID restrictions having eased, with Redlands2030 noting that Redland City Council had not implemented live streaming as required
- The Queensland Law Society and Chamber of Commerce and Industry Queensland both suggested that some beneficial temporary measures, such as electronic document signing and remote court appearances, should be considered for permanent implementation
Recommendations (1)
- The committee recommends the COVID-19 Emergency Response and Other Legislation Amendment Bill 2021 be passed.
Committee report tabled
▸Second Reading20 Apr 2021View Hansard
▸53 members spoke49 support4 mixed
Supported the bill as continuing important COVID-19 temporary measures, highlighting the Small Business Commissioner's role in mediation, the takeaway liquor reforms for restaurants, and modernisation of legal document execution.
“The actions taken by the Palaszczuk government not only have saved lives; they have saved jobs, they have saved people's homes and they have saved families.”— 2021-11-18View Hansard
As Attorney-General, moved the second reading and outlined the bill's four key reforms: making permanent electronic document signing, streamlining DFV proceedings, allowing restaurant takeaway wine sales, and extending commercial lease protections.
“This bill delivers real and measurable benefits and efficiencies for Queensland.”— 2021-11-17View Hansard
Introduced the bill as Attorney-General, arguing that extending COVID-19 temporary measures to 30 September 2021 is necessary to protect Queensland's ongoing emergency response, while noting the government is considering which measures should be made permanent.
“This bill will extend from expiry the majority of temporary measures which are required to respond to the COVID-19 public health emergency. These amendments demonstrate the Palaszczuk government's commitment to protecting the health, safety and welfare of Queenslanders and facilitating the functioning of Queensland's institutions and the economy.”— 2021-04-20View Hansard
Supported the bill as modernising regulatory measures introduced during COVID-19, particularly the takeaway wine provisions for restaurants, while cautioning against expanding beyond wine to protect hoteliers and their licence investments.
“Innovation often comes about following times of adversity. It is in this spirit that I rise in support of the Justice Legislation (COVID-19 Emergency Response—Permanency) Amendment Bill 2021.”— 2021-11-18View Hansard
As shadow Attorney-General, announced the LNP's support for the bill, welcoming the modernisation of document execution, domestic violence reforms, and liquor changes while expressing concern about late amendments regarding the QBCC and Governor's pension.
“In reaching a position to support this bill, the opposition is aware that it changes some longstanding accepted practices in courts and commerce.”— 2021-11-17View Hansard
Supported the five-month extension as reasonable but urged the government to stop relying on emergency extensions and instead bring forward permanent legislative reforms for measures that have proven their worth, particularly court and legal practice changes endorsed by the Queensland Law Society.
“Emergency legislation is no substitute for proper legislative reform. There is no good reason not to progress with changes that have broad support and that make life easier, more convenient and more affordable for Queenslanders.”— 2021-04-20View Hansard
Supported the bill as making permanent important temporary measures including electronic document execution, domestic and family violence proceeding reforms, and takeaway wine provisions for restaurants.
“This bill is sensible. It makes permanent some of the temporary arrangements that enabled Queenslanders to go about their business.”— 2021-11-18View Hansard
As committee chair, spoke in favour of the bill, noting the committee report had no statements of reservation and emphasising that electronic signatures should be equivalent to wet-ink signatures.
“I think the consistent theme is that an electronic signature should be equivalent to a wet-ink signature.”— 2021-11-17View Hansard
Supported the bill as an Economics and Governance Committee member, emphasising that Queensland's public health measures had kept the state safe and its economy strong, and that the legislation remained vital while vaccine supply remained insufficient.
“We continue to live with the threat of COVID-19 and we will do so for some time. Steadily, though, as we are able to vaccinate those who are most vulnerable to death or serious long-term disease, this risk will change.”— 2021-04-20View Hansard
Supported the bill but expressed disappointment that takeaway provisions for beer from small independent brewers were not included, advocating for levelling the playing field against major retailers. Also supported the document execution reforms.
“It is good to see at least some measures to support small business being made permanent in this bill.”— 2021-11-18View Hansard
Supported the bill as a committee member, noting the technology-neutral approach to witnessing and expressing satisfaction that beer, cider and premixed drinks were excluded from the takeaway liquor provision to protect regional hotels.
“I am pleased that the government did not take up the recommendation to include beer, cider and premixed drinks in the legislation.”— 2021-11-17View Hansard
Supported the extension as absolutely necessary, though attributed the need for it to the government's mismanagement of hotel quarantine and health system failures that caused lockdowns.
“Without a doubt, it is absolutely necessary to have this further five-month extension of the COVID-19 legislation to 30 September.”— 2021-04-20View Hansard
Supported the bill as making permanent practical improvements to document execution using digital technology, noting that COVID-19 had proven flexible working arrangements and electronic processes were effective.
“The old adage 'this is the way we have always done it' is simply not a good excuse anymore—and, as a government, we have shown that we can be more agile and can move quickly to support businesses and our community.”— 2021-11-18View Hansard
Supported the bill, highlighting the domestic violence reforms as particularly important and noting the need for ongoing dialogue with the craft brewing industry about expanding the takeaway liquor provisions in the future.
“Perhaps some of the most important reforms in this bill are those that give greater concern towards victims of domestic and family violence.”— 2021-11-17View Hansard
Supported the bill as a committee member, detailing how it extends temporary measures for court proceedings, the Small Business Commissioner, takeaway liquor authorities and local government provisions, and noting the Queensland Law Society's call for some measures to be made permanent.
“With the 30 April deadline approaching us and the pandemic still raging throughout the globe, with some countries experiencing their third or fourth waves, with thousands of Australians still stranded overseas waiting to come home and with a vaccinated Australian population nowhere closer to realisation, this necessary legislation must be extended again.”— 2021-04-20View Hansard
Supported the bill as seizing on learnings from COVID-19 to embrace technology, improve access to justice, and modernise document execution and domestic and family violence proceedings.
“This bill seizes on learnings made across a range of justice-associated domains. It leverages our opportunity to embrace technology, innovate, increase efficiencies and improve access to justice.”— 2021-11-18View Hansard
As shadow minister for DFV prevention, strongly supported the domestic violence reforms allowing remote access to court proceedings, while highlighting ongoing barriers for women from culturally diverse backgrounds and the crisis in forensic medical examinations for sexual assault victims.
“The real life translation of this is that victims who have experienced significant trauma and violence do not at some point have to be in the same room as the alleged perpetrator.”— 2021-11-17View Hansard
Supported the bill as a committee member, noting the report was clear and supported by both sides of the committee, and that the local government rate provisions were an important backstop unlikely to be used.
“It is very straightforward. It makes a lot of sense. I indeed do commend this bill to the House for the benefit of all Queenslanders.”— 2021-04-20View Hansard
Supported the bill as modernising arrangements for document execution and improving efficiencies, noting the positive impact of COVID-19 in driving innovation in legal processes.
“I am confident that as we break the back of COVID-19 with our state's increased vaccination numbers we will see more positive initiatives like these important amendments emerge from this unique period in our state's history.”— 2021-11-18View Hansard
Supported the bill as Minister for Education, drawing on lessons learned during COVID about technology in schools and welcoming the permanent changes to electronic document signing, DFV proceedings, and takeaway wine provisions for restaurants in her electorate.
“Making those provisions permanent now just makes sense.”— 2021-11-17View Hansard
Supported the bill, arguing the Palaszczuk government's swift and decisive actions had kept Queensland safe and its economy strong compared to what would have occurred under the opposition's calls for open borders.
“This legislation is a timely reminder that the people of Queensland are not out of the COVID-19 woods. We must continue to fight this insidious virus for some time yet, and we must have a legislative framework that is flexible and robust.”— 2021-04-20View Hansard
Supported the bill, focusing on the domestic and family violence reforms, the Small Business Commissioner's mediation services for lease disputes, and the positive impact on access to justice.
“These amendments create stability for the community and have real-life impacts on Queenslanders across our state.”— 2021-11-18View Hansard
Supported the bill while advocating for the inclusion of craft beer and premixed drinks in the takeaway liquor provisions, highlighting the impact on local businesses like Currumbin Valley Brewing and Balter Brewing Company.
“The LNP will always support survivors and changes to technology which will help keep them safe during legal proceedings.”— 2021-11-17View Hansard
Supported the bill as a committee member but heavily criticised the government's economic response to COVID-19, arguing Queensland's infrastructure spending, tourism support and unemployment rate lagged behind other states.
“I commend the bill to the House on the condition that the emergency legislation does not continue to replace properly considered legislation and policy.”— 2021-04-20View Hansard
Supports the bill's practical measures.
“The bill makes practical sense.”— 2021-11-18View Hansard
Commended the bill as Attorney-General in her reply speech, addressing stakeholder concerns about document execution consistency, property law reforms, and the balance struck on takeaway liquor provisions.
“It is a historic piece of legislation that will ensure that Queensland continues to be seen as a progressive and modern state—one that encourages innovation, embraces technology and drives efficiencies in commerce.”— 2021-11-18View Hansard
Supported the bill, drawing on his nursing background to endorse nurse practitioners signing advance health directives, and emphasising the importance of DFV reforms in preventing coercive control in courtroom settings.
“People buying alcohol from a cafe or a restaurant in a relatively small quantity to have with a meal represents a very low risk to the community.”— 2021-11-17View Hansard
Supported the bill, noting Queensland acted quickly to address the pandemic and that the temporary measures need to be extended to 30 September 2021.
“Queensland's response to the COVID-19 pandemic has been supported by the implementation of a suite of legislative measures designed to protect the health, safety and welfare of Queenslanders, mitigate the spread of COVID-19 in the community and facilitate the continuing function of Queensland's institutions and economy to the extent possible.”— 2021-04-20View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-17View Hansard
Supported the bill but expressed concern about the potential impact of takeaway wine sales on small rural pubs in his electorate that depend on takeaway liquor revenue, naming several specific hotels.
“I have a counterbalancing concern particularly with regard to my electorate of Southern Downs in that there are a number of small pubs that depend on takeaway liquor sales.”— 2021-11-17View Hansard
Stated the LNP would not oppose the bill, while calling on the government to consult widely on making some regulatory relief permanent, particularly around small business red tape reduction and the Small Business Commissioner role.
“Such support does not signify support for the indiscriminate approval of such measures into the future without reference to prevailing conditions. All decisions relating to COVID should be a part of a planned response, not done in an ad hoc way with limited regard for broader considerations.”— 2021-04-20View Hansard
Supports the bill's regional business measures.
“The bill supports regional business.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-17View Hansard
As Minister for Public Works, supported the bill and foreshadowed amendments to the QBCC Act to clarify and retrospectively validate directions to rectify defective building work issued since November 2019.
“These amendments are timely and they will be moved during consideration in detail to remove any doubt and validate directions issued.”— 2021-11-17View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-18View Hansard
Supported the bill overall but was sharply critical of the late QBCC amendment, arguing it was not a minor technical fix but a major government error that potentially invalidated thousands of rectification notices over two years.
“For the minister to come in here and tell us that these are minor technical amendments is just an absolute insult to this place and the people of Queensland whom we serve.”— 2021-11-17View Hansard
Supports the bill's regional business measures.
“The bill supports regional business.”— 2021-11-18View Hansard
Welcomed the DFV reforms and takeaway liquor provisions but criticised the exclusion of beer and craft spirits as maintaining supermarket monopolies. Used the bill to argue the government should also protect residential tenants with rent caps and an end to no-grounds evictions.
“These measures restricting small retailers from selling craft beer and craft spirits do nothing more than help maintain the monopoly on alcohol sales held by supermarkets and major chains like Coles, Woolworths, Metcash and Aldi.”— 2021-11-17View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-18View Hansard
Supports the bill's measures.
“The bill supports Queensland's recovery.”— 2021-11-17View Hansard
Had no issues with the DFV reforms and acknowledged the government had watered down the liquor changes to an acceptable level for the QHA, but used the debate to criticise mandatory vaccination policies as a form of segregation.
“The government has to be very careful that it does not use the COVID-19 emergency to push through unnecessary legislative changes that were only designed to be temporary in order to get business through the pandemic period.”— 2021-11-17View Hansard
Supports the bill's measures.
“The bill makes practical sense.”— 2021-11-18View Hansard
Focused on the liquor reforms, expressing concern about the impact on regional hotels where cafes would compete directly with pubs for the same small customer base, and questioning whether the fee structure was fair.
“If you are in Julia Creek or Hughenden you are really just robbing Peter to pay Paul. If there is a cafe across the road from the pub, you are not magically creating a different market or drawing on different clientele; it is the same people, the same town.”— 2021-11-17View Hansard
Supports the bill's practical measures.
“The bill makes practical sense.”— 2021-11-18View Hansard
Supported the bill as an independent, welcoming the innovations from COVID including electronic document reforms and DFV protections, while cautioning about creeping authoritarianism and the need for government restrictions to be proportionate to the threat.
“In supporting this bill we need to be mindful of creeping authoritarianism, which is being strongly opposed in my community and elsewhere.”— 2021-11-17View Hansard
Supports the bill after concerns about liquor act changes were addressed, acknowledging government watered down changes to be acceptable to QHA, though warns against using COVID to push through unnecessary permanent changes.
“We acknowledge that the government has significantly watered down these changes to the Liquor Act and note that the changes are now acceptable to the QHA.”— 2021-11-18View Hansard
Supported the bill as a sensible reduction in regulatory burden for small businesses, endorsing the committee's recommendation to extend takeaway liquor to beer and cider and criticising the limitation to wine only as a nonsense.
“It is a nonsense to limit the provision only to wine, as many speakers already observed.”— 2021-11-17View Hansard
Focused almost entirely on the late QBCC amendment, arguing the government's failure to make a regulation for two years potentially invalidated 2,400 rectification notices, calling it dysfunction and incompetence by the minister.
“Approximately 2,400 rectification notices were in doubt because of the stuff-up by the minister and his department.”— 2021-11-17View Hansard
Did not oppose the bill, supporting the DFV and document reforms while criticising the limitation of takeaway liquor to wine only and warning against using emergency legislation to bypass parliamentary oversight.
“Emergency legislation is not a substitute for proper legislation.”— 2021-11-17View Hansard
Supported the bill from the perspective of a former hospitality professional, highlighting how takeaway alcohol provisions helped small businesses survive COVID and emphasising the importance of responsible alcohol measures given ongoing community issues with alcohol abuse.
“The fact that they were able to keep their doors open and make their business work is an absolute testament to the hard work, creativity and ingenuity of our hospitality businesses here in Queensland.”— 2021-11-17View Hansard
As Minister for Small Business, supported the bill's provisions extending commercial lease protections and the role of the Small Business Commissioner, and welcomed the permanent liquor licensing conditions for restaurants. Also spoke warmly about the DFV reforms from her perspective as former DFV prevention minister.
“I will always remember hearing the story of a victim who had to hide in the toilet in order to talk to a magistrate to get a DVO.”— 2021-11-17View Hansard
Supported the bill, focusing on the practical benefits of making permanent the COVID-era reforms to document execution, DFV proceedings, and takeaway liquor provisions. Debate was adjourned on his motion.
“The pandemic stripped away things we might have thought important, but it turns out there were some things that could be done in a way that provided better and more beneficial outcomes.”— 2021-11-17View Hansard
▸In Detail20 Apr 2021View Hansard
Changed the short title of the bill from 'Justice Legislation (COVID-19 Emergency Response—Permanency) Amendment Act 2021' to 'Justice and Other Legislation Amendment Act 2021', and updated corresponding references throughout the bill.
Inserted new Part 4A amending the Governors (Salary and Pensions) Act 2003 to ensure the state contributions to a former Governor's defined benefit superannuation entitlement are offset against the lifetime pension, following the appointment of the new Governor.
Clarified document execution provisions including allowing corporation soles, statutory corporations and the State to execute deeds, addressing concerns raised by the Law Society, banking associations and legal firms during the committee process. Also validated deeds executed during the COVID transition period.
Inserted new Part 8A amending the Queensland Building and Construction Commission Act 1991 to retrospectively validate approximately 2,400 rectification directions issued since November 2019, after it was discovered the required regulation prescribing a time frame had never been made.
Confirmed LNP support for the government's amendments during Consideration in Detail, including those relating to deed execution by corporations and the state, while criticising the government's legislative incompetence on the Governor's pension provisions and QBCC rectification notices.
“The LNP will be supporting these amendments. I want to confirm our support for them and note that the changes have been brought about as a result of both the representations made by organisations like the Law Society and legal firms.”— 2021-11-18View Hansard
Supported the QBCC amendment as necessary to protect consumer rights but strongly criticised the government's incompetence in failing to make the required regulation for two years, rendering approximately 2,400 rectification notices potentially unlawful.
“The LNP supports this amendment because we support the construction industry and we support the protection of consumer rights, but we should have never had to waste the time of this parliament.”— 2021-11-18View Hansard
Assent date: 4 December 2020
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