Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020
Plain English Summary
Overview
This bill made temporary amendments to over 20 Queensland Acts as the state's third legislative response to the COVID-19 pandemic. It addressed issues that could not be dealt with under the existing COVID-19 Emergency Response Act 2020 modification framework, providing financial relief for workers, property owners and businesses, strengthening public health and emergency powers, and enabling corrections, disability and mental health services to operate safely during the emergency. Most provisions expired on 31 December 2020.
Who it affects
The bill affected a very broad range of Queenslanders including construction and cleaning workers who could access long service leave early, unit and lot owners who got body corporate fee relief, gaming and hospitality businesses who received tax deferrals, manufactured home residents protected from rent increases, and people in the care of disability, mental health, corrections and youth detention services.
Financial relief for workers and property owners
The bill allowed construction and contract cleaning workers experiencing COVID-19 hardship to access their portable long service leave after 5 years instead of 10. It also gave body corporate lot owners relief through reduced sinking fund contributions, extended payment deadlines, suspended late payment penalties, and doubled borrowing limits for bodies corporate.
- Construction and cleaning workers could access portable long service leave after 5 years (instead of 10) if experiencing COVID-19 financial hardship
- Body corporate sinking fund budgets could be reduced by ordinary resolution, with refunds to lot owners
- Late payment penalties on body corporate contributions were suspended until 31 December 2020
- Body corporate borrowing limits doubled (up to $500 per lot, or $6,000 for small schemes)
Business support measures
Gaming operators could have taxes deferred or waived by the Minister with the Treasurer's approval. Licensed venues forced to close could sell takeaway liquor under temporary authorities. Local governments could adjust rates and charges mid-year. Manufactured home site rent review processes could be modified by regulation.
- Gaming machine, casino, keno and lottery taxes could be deferred or waived, including a retrospective $50 million deferral from March 2020
- Licensed venues could sell takeaway liquor even if their licence did not normally permit it
- Local governments could set rates and charges by resolution outside the normal budget meeting
- Site rent increase processes in residential parks could be temporarily modified or suspended
Health, disability and mental health measures
Disability service providers gained immunity for locking premises to help residents comply with public health directions. Forensic disability clients could have community treatment restricted. Mental health inpatients could be temporarily transferred. Public health detention orders were extended to 14 days, and parents could be directed to keep children isolated.
- Disability service providers could lock premises to ensure residents with intellectual disabilities complied with public health directions
- Chief psychiatrist could approve temporary absences of mental health inpatients for public health compliance
- Emergency officers could direct parents to keep children in isolation for up to 14 days
- Delegation of confidential information disclosure powers expanded for contact tracing efficiency
Corrections and youth detention measures
Prisoners could be released on parole up to 7 days early to manage COVID-19 risks. Emergency declaration powers were extended to all corrective services facilities. Non-public service employees could be temporarily appointed as youth detention centre staff.
- Prisoners could be released up to 7 days before their parole date to reduce COVID-19 transmission risk
- Emergency declarations could apply to all corrective services facilities, not just prisons
- Parole Board acting appointments extended from 3 months to 1 year
- Temporary non-public service employees could staff youth detention centres
Emergency powers and enforcement
The bill created a court-ordered COVID-19 testing scheme for persons who spat, coughed or sneezed on others during assaults. It extended disaster situation declarations to 90 days, removed the right to compensation for COVID-19 disaster powers, and allowed temporary environmental authorities.
- Courts could order COVID-19 testing of people who coughed, sneezed or spat on police or others during assaults
- Disaster situation declarations could be extended by up to 90 days instead of 14 days
- Right to compensation for loss from COVID-19 disaster powers was retrospectively removed from 22 March 2020
- Temporary environmental authorities could be issued fee-free, and the Environment Minister could exempt approval holders from conditions they could not meet
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee19 May 2020View Hansard
Referred to Legal Affairs and Community Safety Committee
▸Second Reading20 May 2020View Hansard
▸25 members spoke23 support2 mixed
Supported the bill overall while criticising the government's approach to COVID-19 restrictions, particularly border closures and the lack of a clear road map for recovery. Raised concerns about impacts on the tourism industry and small businesses.
“The opposition will not be opposing this bill, but we have the deepest of reservations about the way this government continues to operate.”— 2020-05-21View Hansard
Confirmed the opposition's support for the bill given the extraordinary COVID-19 circumstances, but opposed clause 10 allowing prisoners to be released on parole seven days early and foreshadowed amendments to the Youth Justice Act. Criticised the lack of committee scrutiny and stakeholder consultation.
“I want to confirm the opposition's support for the bill because these are extraordinary times and they require significant measures from the government to address them. We oppose clause 10 relating to letting prisoners out seven days early on parole.”— 2020-05-20View Hansard
Spoke in support of the bill's amendments to local government legislation, explaining the need for flexibility in local government operations during the COVID-19 emergency including rate deferrals and meeting arrangements.
“These amendments will ensure that local governments can continue to deliver essential services to their communities during this unprecedented time.”— 2020-05-21View Hansard
Supported the bill while raising concerns about disability services, corrective services provisions and the need for greater transparency in the government's COVID-19 response.
“Whilst we do not oppose this bill, the government should be providing greater transparency and accountability in its decision-making during this crisis.”— 2020-05-21View Hansard
Spoke in support of the bill's amendments to portable long service leave, liquor licensing and manufactured homes legislation, emphasising the need to support workers and businesses through the COVID-19 crisis.
“These measures will provide much needed relief for workers who have been stood down or had their hours significantly reduced as a result of the COVID-19 pandemic.”— 2020-05-21View Hansard
Supported the bill while criticising the government's handling of various aspects of the COVID-19 response, particularly regarding the liquor act amendments and wildlife exhibitor provisions.
“We will support these amendments, but we believe the government should have gone further in supporting businesses that have been devastated by the COVID-19 restrictions.”— 2020-05-21View Hansard
Spoke in support of the bill's youth detention provisions, explaining the need for temporary staffing measures to ensure the safe management of youth detention centres during the COVID-19 emergency.
“These amendments will ensure that our youth detention centres can continue to operate safely and effectively during this public health emergency.”— 2020-05-21View Hansard
Supported the bill while calling for greater focus on regional Queensland communities and the easing of restrictions in areas with minimal COVID-19 cases.
“The KAP will be supporting this bill, but we urge the government to consider the unique circumstances of regional and remote communities in its response.”— 2020-05-21View Hansard
Spoke in support of the bill's disability services provisions, explaining the need for flexible arrangements to ensure continuity of care for people with disabilities during the COVID-19 emergency.
“These amendments will ensure that our most vulnerable Queenslanders continue to receive the support and care they need during this crisis.”— 2020-05-21View Hansard
Supported the bill while raising concerns about the government's corrective services provisions and emphasising the need for stronger protections for police and frontline workers, particularly regarding COVID-19 testing powers for those who assault officers.
“We support measures that protect our frontline workers, but we have serious concerns about provisions that would have allowed the early release of prisoners.”— 2020-05-21View Hansard
Spoke in support of the bill's police powers and corrective services provisions, defending the government's approach to ensuring the safe operation of correctional facilities during the pandemic.
“These amendments provide our police with the powers they need to protect themselves and the community during this unprecedented public health emergency.”— 2020-05-21View Hansard
Supported the bill but raised significant concerns about border closures, COVID-19 testing capacity, the lack of a state budget and the government's overall management of the pandemic response.
“We will support this bill, but Queenslanders deserve a budget, a clear plan and certainty about when their state will reopen.”— 2020-05-21View Hansard
Spoke in support of the bill's portable long service leave amendments, explaining how the changes would help workers in the building and construction and contract cleaning industries access their entitlements earlier during the COVID-19 crisis.
“These changes will allow workers who have been stood down or lost their jobs to access their long service leave after five years instead of ten, providing them with a financial lifeline.”— 2020-05-21View Hansard
Supported the bill's measures including gaming machine tax relief for clubs and portable long service leave amendments, while strongly criticising the government's now-withdrawn prisoner early release provisions and its priorities during the crisis.
“As business is struggling and seeking support, as the Courier-Mail put it, 'Amid a jobs crisis, for seven hours yesterday the government thought a priority was to release prisoners early.'”— 2020-05-21View Hansard
Spoke in support of the bill's health portfolio amendments, explaining how the changes to the Public Health Act, Private Health Facilities Act and Mental Health Act would support Queensland Health's ongoing COVID-19 emergency response.
“The amendments clarify the detention powers of emergency officers when a public health direction comes into effect and that an emergency officer may give a child's parent or guardian a direction for a child, either instead of or in addition to giving the direction to the child itself.”— 2020-05-21View Hansard
Supported the bill including changes to the Environmental Protection Act and Gaming Machine Act, while strongly criticising the government's handling of border closures and the devastating impact on the Gold Coast tourism industry from mixed messages about reopening timelines.
“Do not be a warrior in William Street and a coward in Cavill Avenue. Come down and look those people in the eye.”— 2020-05-21View Hansard
Spoke in support of the bill's amendments to the Liquor Act allowing takeaway liquor authorities for licensed venues, explaining the importance of liquor sales as a profit margin for hospitality businesses pivoting to takeaway during COVID-19 restrictions.
“For many venues, liquor is the profit margin. Food is comparatively expensive to produce thanks to labour costs but, of course, there is also the potential for really high wastage.”— 2020-05-21View Hansard
Expressed frustration that the omnibus bill was rushed with minimal scrutiny time, and argued the government should prioritise rolling back restrictions in regional Queensland rather than offering token gestures. Supported border closures but wanted regional communities to enjoy local amenities sooner.
“We would much rather be spending this parliamentary week on robust debate about rolling back restrictions earlier on business in regional and rural Queensland while they continue to maintain social distancing requirements.”— 2020-05-21View Hansard
Spoke in strong support of the bill and the government's overall COVID-19 response, praising Queenslanders for following health advice and highlighting the bill's provisions for portable long service leave, police COVID testing powers and manufactured homes protections.
“If we are to be able to continue to do everything that we want to do outside of our homes, then we depend collectively on every Queenslander to keep every other Queenslander safe.”— 2020-05-21View Hansard
Supported the bill's measures but criticised the government's confused messaging on border reopening and travel restrictions, arguing the Gold Coast tourism industry was suffering disproportionately and calling for adoption of the national commercial leasing code of conduct.
“All we are simply asking for is a road map to recovery not a roadblock to recovery. That is essentially what we are getting from this government.”— 2020-05-21View Hansard
Spoke in support of the bill, providing a detailed account of the government's legislative COVID-19 response timeline and praising the work of West Moreton Health in managing the pandemic locally.
“This bill is an omnibus bill that will amend over 20 individual acts. The broad sweep of the acts to be amended include legislation that relates to local government, disaster management, long service leave, support for small businesses, gambling laws, health care, environmental laws.”— 2020-05-21View Hansard
Supported measures including the Liquor Act amendments for small pubs and increased penalties for deliberate spitting or coughing, while criticising the government's handling of border closures, gun shop closures and the withdrawn prisoner early release provisions.
“I applaud the increasing of the penalty and recognise the seriousness of the despicable act of spitting, coughing or sneezing on people deliberately. I think that that is assault in every sense.”— 2020-05-21View Hansard
Spoke as Minister for Housing and Public Works in support of the bill's manufactured home park provisions, explaining the temporary regulation-making power to modify or suspend site rent increase processes during the COVID-19 emergency period.
“I think this regulation-making power allows us to find a good middle ground between protecting home owners from the risks and also protecting the interests of the operators and saving them unnecessary expense.”— 2020-05-21View Hansard
Supported the bill but criticised the lack of parliamentary scrutiny, the government's failure to adopt the national commercial leasing code, problems with the QRIDA loans program, confusion over border reopening timelines and red tape in the training sector.
“Provisions for regulations to override primary legislation are very dangerous. As we know, regulations only come back to the parliament for possible disallowance en masse, not by subtext.”— 2020-05-21View Hansard
Spoke in support of the bill, highlighting the government's record of business support during COVID-19 and championing the manufactured home park site rent protections as one of the government's greatest achievements.
“One of the most important amendments I want to address is the temporary power to modify or suspend the process for increasing site rents in home parks. I feel very passionate about this and I actually believe this is one of the greatest things we have achieved in our term.”— 2020-05-21View Hansard
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Sectors Affected
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