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, creates a pilot program allowing domestic violence victims' police-recorded statements to be used as court evidence, and establishes new rules for handling deceased persons' remains in criminal cases following the Daniel Morcombe inquest.
Who it affects
Journalists gain source protection rights, domestic violence victims can avoid re-telling their story in court through a video evidence pilot, and families of deceased persons in criminal cases gain stronger rights to have remains returned promptly.
Shield laws for journalists
Queensland becomes the last Australian state to introduce shield laws protecting journalists from being forced to reveal confidential sources in court. Courts can only override the privilege if the public interest in disclosure outweighs the harm to the source and to press freedom.
- Journalists and media workers gain a qualified privilege to refuse to identify confidential sources in court
- Broad, function-based definition of 'journalist' covers bloggers, citizen journalists and academics who contribute to news
- Courts can override the privilege only after balancing the public interest, with reasons required for any order
- Protection extends to search warrants, with seized documents sealed until the Supreme Court decides
Video recorded evidence for DFV victims
A pilot program will allow police body-worn camera recordings of domestic violence victims' statements to be used as their main evidence in court. This aims to reduce the trauma of giving evidence in person while preserving the accused's right to cross-examine.
- Adult DFV victims can give evidence-in-chief via a recorded police statement instead of live testimony
- Recordings must be made with the victim's informed consent by a trained police officer
- Strict offences apply for unauthorised possession, copying or publication of recorded statements — up to 100 penalty units or 2 years imprisonment
- The accused's right to cross-examine the victim is preserved, and courts can rule recordings inadmissible
Viewing deceased persons' remains
Following the Daniel Morcombe inquest, new rules ensure families can have their loved one's remains returned for burial sooner during criminal proceedings. The defence can view but not independently examine remains without meeting strict conditions.
- New section 590ASA creates a specific process for viewing and examining a deceased person's body in criminal cases
- Courts must ensure any direction does not unnecessarily delay the release of remains for burial
- Only qualified experts engaged by the accused can examine remains; the accused or their lawyer can view them
Computer warrants and magistrate transfers
Two smaller technical amendments clarify the operation of computer warrants in bail proceedings and recognise Toowoomba magistrate service as regional experience.
- Judicial officers no longer need to verify the signature on a computer warrant in bail proceedings
- Toowoomba magistrate service now counts as regional experience for transfer decisions
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 Nov 2021View Hansard
Referred to Legal Affairs and Safety Committee
The Legal Affairs and Safety Committee examined the Evidence and Other Legislation Amendment Bill 2021 and tabled its report in February 2022. The committee recommended the bill be passed, while also asking the Attorney-General to address stakeholder concerns about the onus of proof in shield law search warrant proceedings (proposed section 14ZF) and the definition of 'domestic violence offence'. The Queensland Government supported all three recommendations.
Key findings (5)
- The committee supported the introduction of shield laws to protect the identity of journalists' confidential informants in Queensland.
- Stakeholders raised concerns about who bears the onus of proof when objecting to search warrant actions under the proposed shield law framework (section 14ZF).
- The committee supported the video recorded evidence-in-chief provisions for adult domestic and family violence victims, noting safeguards including informed consent and restrictions on disclosure.
- Submitters raised issues with the definition of 'domestic violence offence' in the video recorded evidence provisions.
- The bill implemented the Queensland Government's response to Recommendation 2 from the Daniel Morcombe coronial inquest, establishing a process for viewing and examining the body of a deceased person in criminal proceedings.
Recommendations (3)
- The committee recommends the Evidence and Other Legislation Amendment Bill 2021 be passed.
- The committee recommends that the Attorney-General, in the second reading speech, provide an update in relation to consideration of the issues raised by stakeholders about proposed section 14ZF.
- The committee recommends that the Attorney-General, in the second reading speech, provide an update on the consideration of the issues raised by submitters in relation to the definition of 'domestic violence offence'.
Committee report tabled
▸Second Reading25 May 2022View Hansard
▸27 members spoke26 support1 mixed
Continued her speech from the previous day, focusing on the practical benefits of videorecorded evidence for DFV victims and the training of police officers, drawing on her experience in the QPS domestic and family violence unit.
“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, moved the second reading and outlined reforms including shield laws for journalists, a pilot for videorecorded DFV evidence-in-chief, and implementation of the Daniel Morcombe inquest recommendation. Foreshadowed government amendments to address committee concerns.
“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, praising the body worn camera evidence provisions and the DNA testing changes, noting the broader benefits for both prosecution and defence in achieving certainty in criminal proceedings.
“The additional evidence we will gather as a result of this legislation will see us take a giant step forward in bringing a lot of matters to a conclusion.”— 2022-05-26View Hansard
Supported the bill while foreshadowing amendments to extend shield laws to the Crime and Corruption Commission. Raised concerns about the lack of detail on the videorecorded evidence pilot evaluation and police training requirements.
“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
Supported the bill, focusing on the videorecorded evidence pilot for DFV victims and its potential to reduce retraumatisation. Expressed hope the pilot could be expanded to other criminal matters if successful.
“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
As committee chair, outlined the committee process and its three recommendations. Supported the shield laws, videorecorded evidence pilot, and Daniel Morcombe inquest response.
“I commend the bill to the House.”— 2022-05-25View Hansard
Announced the KAP would not oppose the bill. Supported the shield laws, videorecorded evidence pilot for DFV victims, and the Daniel Morcombe inquest provisions, while flagging concerns about the Toowoomba magistrate classification.
“The KAP will not oppose the bill. I have brought up a number of things that we have concerns about. We will be looking closely at those things, especially the 12-month trial of the use of videorecorded evidence in criminal proceedings.”— 2022-05-26View Hansard
Supported the bill with particular focus on the Daniel Morcombe provisions, drawing on his personal relationship with the Morcombe family. Also supported extending shield laws to the CCC.
“Perhaps these amendments do not go quite as far as I think the coroner or perhaps the Morcombe family and others wanted, but they are a huge improvement on where we were previously.”— 2022-05-25View Hansard
Supported the bill and criticised the LNP for proposing CCC shield law amendments that were not raised in their committee members' statement of reservation, questioning the consistency between shadow ministers and committee members.
“After coming into this place yesterday—and after the LNP members on this committee entirely supported the approach of government both with their committee report and with no statement of reservation—it was alarming to find the LNP divided.”— 2022-05-26View Hansard
Spoke in support as a committee member, covering shield laws, videorecorded evidence provisions, and the Daniel Morcombe inquest response. Described the bill as genuinely progressive.
“This is a genuinely progressive bill that provides an extra layer of protection to ensure a robust media environment, such as it is.”— 2022-05-25View Hansard
Supported the bill and circulated amendments identical to the LNP's to extend shield laws to CCC proceedings. Argued that excluding the CCC undermines the entire purpose of the shield laws.
“If the government does not extend the shield laws to the CCC now, I am left with very real concerns that this reform could simply be put off indefinitely and may never happen.”— 2022-05-26View Hansard
Supported the bill as a committee member, welcoming the shield laws and DFV videorecorded evidence pilot. Called for a review of the CCC exclusion and emphasised the need for quality police training.
“Whilst these new laws offer a qualified privilege, it must be remembered that courts will still be able to make determinations on the application of the law and information provision.”— 2022-05-25View Hansard
Supported the bill and the Attorney-General's proposed amendments, covering shield laws, the DFV videorecorded evidence pilot, and the Daniel Morcombe coronial recommendation.
“The bill delivers on the Palaszczuk government's commitment to establish a statutory framework to provide better protection for the identity of journalists' confidential sources.”— 2022-05-26View Hansard
Gave a deeply personal speech about the impact of homicide on families, drawing on the loss of her sister and father. Strongly supported the provisions on viewing and examining deceased remains and the DFV videorecorded evidence pilot.
“Not only are you now planning a funeral prematurely, but the violent and deliberate actions of the offender have dictated the type of funeral you can give your loved one. It is the ultimate form of control.”— 2022-05-25View Hansard
Focused on the DFV videorecorded evidence provisions, noting Queensland Police had considered this well overdue. Emphasised the importance of trauma-informed training for police officers.
“One of the hardest things any victim can face, which I think we have all witnessed here in the House today, is retelling their story and reliving their trauma.”— 2022-05-26View Hansard
Supported the bill, drawing on police experience to discuss the practical implications of videorecorded evidence-in-chief and the importance of police training in DFV and evidence-taking techniques.
“The consultation report indicates that the majority of stakeholders supported the introduction of shield laws in Queensland.”— 2022-05-25View Hansard
Supported the bill as modernising evidence law. Praised the member for Cooper's personal contribution and the Morcombe family's advocacy. Noted the importance of bringing Queensland into line with other jurisdictions on shield laws.
“It is recognising that we can do things differently. We can respect the rights and the manner in which families and loved ones can react in certain circumstances, and take that into account.”— 2022-05-26View Hansard
As Minister for Police, spoke on behalf of the Attorney-General, highlighting the Victorian DREC trial evidence and confirming police training was already being rolled out. Defended the government's approach to the CCC shield law question.
“I hope the trial we are running in Queensland has a similar outcome—that is, the limiting of the retraumatisation of victims by having this very persuasive form of evidence-in-chief.”— 2022-05-25View Hansard
Supported the bill and the LNP amendment to extend shield laws to the CCC. Focused on the Daniel Morcombe provisions and the importance of whistleblower protections, drawing on his electorate connection to the Morcombe family.
“If the last few months have proved anything, it is the importance of whistleblowers. Public servants should not be afraid to speak out.”— 2022-05-26View Hansard
Supported the concept of shield laws but criticised the bill's exclusion of the CCC and the public interest waiver provision as loopholes that render protections tokenistic. Argued the laws do not go far enough to protect journalists.
“Shield laws that exclude the CCC will mean Queensland journalists remain at significant risk of being forced to reveal their sources and of being imprisoned if they refuse.”— 2022-05-25View Hansard
Supported the bill's reforms on shield laws, videorecorded evidence for DFV victims, and the Daniel Morcombe provisions. Emphasised the need for care to avoid unintended consequences.
“Allowing victims to give their evidence-in-chief by way of videorecorded evidence taken by the police seeks to reduce the trauma associated with victims having to retell their stories over and over again.”— 2022-05-26View Hansard
Supported the bill's reforms on shield laws, videorecorded evidence for DFV proceedings, and the Daniel Morcombe coronial recommendation response.
“Domestic and family violence criminal proceedings are bound by the rules of evidence and, as such, victims are required to appear in court and provide direct oral evidence. That is often subject to the use of special measures.”— 2022-05-25View Hansard
Delivered the minister's reply on behalf of the Attorney-General. Defended the government's approach to the CCC shield law issue, arguing the LNP amendments were overly simplistic and would create confusion. Foreshadowed government amendments.
“The government has committed to extending shield laws to the Crime and Corruption Commission, but it is a complicated matter.”— 2022-05-26View Hansard
Confirmed LNP support for the bill and urged all members to support the amendment extending shield laws to the CCC. Also raised the issue of the Office of the Independent Assessor needing similar protections.
“We are saying as a society, through this bill, that journalists are important. Sometimes the role they play in disclosing corruption or scandal on the basis of confidential whistleblowers needs to be supported.”— 2022-05-25View Hansard
Supported the bill, covering shield laws, the DFV videorecorded evidence pilot, and the Daniel Morcombe provisions. Acknowledged the Morcombe family's tireless advocacy.
“The bill amends the Evidence Act 1977 to establish a statutory framework for shield laws. Queensland is currently the only jurisdiction in Australia without a statutory framework to protect against the disclosure of the identity of journalists' confidential informants.”— 2022-05-25View Hansard
Supported the bill and the LNP amendment to extend shield laws to the CCC. Emphasised the importance of journalists in a unicameral parliament and the role of whistleblowers.
“Overwhelmingly, relevant stakeholders and submitters to the Legal Affairs and Safety Committee supported the extension of the statutory protection for journalists and their informants to apply to matters before the Crime and Corruption Commission.”— 2022-05-25View Hansard
Drew on her experience as a former senior project officer for DFV in Queensland Police to support the videorecorded evidence pilot, noting it had been sought by victim advocacy groups for years.
“This is a development that has been considered by Queensland Police for some time and has been sought by victim advocacy groups in the sector for even longer.”— 2022-05-25View Hansard
▸In Detail25 May 2022 – 26 May 2022View Hansard
Amendments to extend journalist shield laws to proceedings before the Crime and Corruption Commission by expanding the definition of 'relevant proceeding' to include CCC hearings and removing the exclusion of the CCC from the shield law provisions.
That the amendments be agreed to
Vote on the LNP's amendments (moved by Mr Nicholls) to extend journalist shield laws to proceedings before the Crime and Corruption Commission. The amendments were defeated 34-48.
The motion was defeated.
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Ayes (34)
Noes (48)
Government amendments to: (1) specify that the authorised officer bears the onus of proof in shield law search warrant applications (section 14ZF); (2) correct a reference from section 93 to section 93A; (3) clarify the definition of 'domestic violence offence' so both limbs can be read separately; (4) require police training to include domestic and family violence training.
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.
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Ayes (47)
Noes (32)
Assent date: 11 December 2020
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