Justice and Other Legislation Amendment Bill 2021

Introduced: 15/9/2021By: Hon S Fentiman MPStatus: PASSED with amendment

Justice & Rights Business & Economy Safety & Emergency

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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill makes permanent several temporary COVID-19 measures in Queensland's justice system. It modernises how legal documents are signed and witnessed by allowing electronic signatures and video link witnessing, improves access to domestic violence protection orders, lets licensed restaurants permanently sell takeaway wine with meals, and extends COVID-19 retail lease protections.

Who it affects

Ordinary Queenslanders who need to sign legal documents can now do so electronically or via video link. DFV victims have easier access to urgent protection orders, and restaurant operators can permanently offer takeaway wine with meals.

Electronic document signing and witnessing

Affidavits, statutory declarations, deeds and powers of attorney can now be signed electronically and witnessed via audio visual link permanently, rather than only during the COVID-19 emergency. A new category of 'special witnesses' ensures documents witnessed remotely meet appropriate safeguards.

Affidavits and statutory declarations can be signed electronically and witnessed over video link by approved special witnesses
Deeds can be electronic documents and no longer need to be sealed or on paper
Businesses can sign powers of attorney electronically, in counterparts, and without witnesses
Nurse practitioners can now certify capacity for advance health directives, not just doctors

Domestic and family violence court access

DFV applicants can now verify protection order applications directly before a Magistrate in urgent situations, rather than needing to find a JP or solicitor for a statutory declaration. Courts can conduct DFV proceedings by video or audio link, and private parties can file documents electronically.

Urgent protection order applications can be verified by oath before a Magistrate instead of by statutory declaration
Magistrates Courts can conduct DFV proceedings by audio visual or audio link
Private parties can file DFV documents electronically with principal registrar approval

Takeaway wine for restaurants

Licensed restaurants can apply for a permanent licence condition to sell up to two bottles of wine with takeaway meals between 10am and 10pm. Restaurants must demonstrate responsible service systems, and the Commissioner can impose additional conditions.

Restaurant licensees can sell up to 1.5 litres (two bottles) of wine with each takeaway meal
Sales limited to 10am-10pm, wine only (no beer or spirits)
Application fees waived until 30 June 2022 for restaurants that held temporary COVID-19 takeaway authorities
Commissioner for Liquor and Gaming must be satisfied the restaurant has responsible service systems

COVID-19 retail lease protections

The COVID-19 retail lease dispute resolution regulation is extended for up to two years beyond the original COVID-19 legislation expiry day, giving small business tenants continued access to mediation and dispute resolution.

Retail lease dispute resolution regulations can remain in force for up to two years after the COVID-19 legislation expiry day
Queensland Small Business Commissioner continues to administer mediation services for lease disputes

How this affects you

Justice & Rights

•You can now sign affidavits and statutory declarations electronically or have them witnessed over video call instead of attending in personPart 6, Clauses 34-43Amends the Oaths Act 1867 to allow electronic signatures and audio visual link witnessing by approved special witnesses.
•DFV victims seeking urgent protection orders no longer need to find a JP or solicitor first — they can verify their application directly before a MagistratePart 3, Clause 12 (new s 47A)Allows applicants to verify protection order applications on oath or affirmation before a Magistrate as an alternative to statutory declaration.
•Domestic and family violence court proceedings can now be conducted by video or audio link at the court's discretionPart 3, Clause 16 (new s 142A)Magistrates Courts may conduct all or part of DFV proceedings by audio visual links or audio links.
•Deeds no longer need to be on paper or sealed — they can be created and signed as electronic documentsPart 8, Clause 51 (new ss 46C-46D)A document takes effect as a deed even if it is not written on paper, not an indenture, and not sealed.

Business & Economy

•Businesses can sign powers of attorney electronically, in counterparts, and without witnesses, making commercial transactions fasterPart 7, Clause 46 (new Part 3A)New framework for general powers of attorney for corporations, partnerships and unincorporated associations allows electronic execution without witnessing.
•Licensed restaurants can permanently sell up to two bottles of takeaway wine with meals between 10am and 10pmPart 5, Clause 30 (new s 67AA)Commissioner may impose a condition authorising sale of wine up to 1.5 litres with each takeaway meal.
•Small business tenants retain access to COVID-19 retail lease dispute resolution for up to two years beyond the original expiryPart 2, Clause 4Regulations made under section 23 of the COVID-19 Emergency Response Act expire two years after the COVID-19 legislation expiry day.
•Application fees waived for restaurants transitioning from temporary COVID-19 takeaway liquor authorities to permanent conditions before 30 June 2022Part 5, Clause 33 (new s 357)No fee payable for applications to vary subsidiary on-premises licences (meals) if the licensee previously held a takeaway liquor authority under Part 10A.

Safety & Emergency

•People making advance health directives can have a nurse practitioner certify their capacity, not just a doctor, making it easier to plan for future health decisionsPart 7, Clause 47Amends Powers of Attorney Act 1998 to allow nurse practitioners to sign capacity certificates for advance health directives.
•DFV victims in urgent situations have faster access to temporary protection orders without needing to first locate a JP or commissioner for declarationsPart 3, Clauses 6-12Alternative verification pathways allow urgent applications to proceed without statutory declaration when applicants cannot access witnessing services.

Bill Journey

Introduced15 Sept 2021

First Reading

Committee

Committee Report

Second Reading

In Detail

Third Reading

Royal Assent — Act 23 of 202124 Nov 2021

Referenced Entities

Legislation

Sectors Affected

Domestic Violence Commercial Leasing Legal Services Liquor

Classified using AGIFT/ANZSIC Australian government standards