Community Safety and Legal Affairs Committee

Portfolio Committee

View on parliament.qld.gov.au

Bills Reviewed (10)

Queensland Community Safety Bill 2024Recommended passagePASSED with amendment

Community Safety and Legal Affairs Committee: Report No. 15, 57th Parliament-Queensland Community Safety Bill 20242024-08-02

Committee findings

The Community Safety and Legal Affairs Committee examined the Queensland Community Safety Bill 2024 over approximately three months, receiving 250 submissions and holding two public hearings. The committee recommended the bill be passed, finding that any limitations on human rights were reasonable and demonstrably justifiable. However, the committee noted significant divergent views on key provisions, particularly the amendments to the 'detention as a last resort' youth justice principle. Two Statements of Reservation were filed -- one by the Member for Noosa raising concerns about knife offence penalties for rural workers and the lack of clarity around the youth detention principle changes, and one by the LNP members who argued the bill did not go far enough on youth justice consequences and lacked adequate consultation on weapons reforms.

Key findings
  • The bill proposes amendments across 14 pieces of legislation covering youth justice, firearms, knife crime, online content, drink-driving, emergency worker protections, and domestic and family violence.
  • Stakeholders held sharply divergent views on whether the amendments to the 'detention as a last resort' youth justice principle would substantively change court decision-making or were merely clarifying existing law.
  • The committee raised concerns that the statement of compatibility should have provided a more comprehensive human rights assessment of the youth justice amendments rather than treating them as a 'clarifying provision'.
  • Concerns were raised about the expansion of Jack's Law handheld scanner provisions to shopping centres, including risks of unconscious bias and impacts on Aboriginal and Torres Strait Islander peoples, though the committee found the limitations reasonable given safeguards in place.
  • Agricultural stakeholders including AgForce raised practical concerns about the increased knife possession penalties and the Firearm Prohibition Order scheme's impact on farmers who may unknowingly employ or house someone subject to an order.
Recommendations
  • The committee recommends the Queensland Community Safety Bill 2024 be passed.
Dissenting views: Sandy Bolton MP (Member for Noosa) filed a Statement of Reservation highlighting concerns about the broad definition of 'public place' in knife offence provisions potentially catching law-abiding farmers and workers, the lack of consensus on the practical effects of the 'detention as a last resort' amendments, and the need to implement the broader recommendations of the Youth Justice Reform Select Committee. The LNP members (Jon Krause MP and Mark Boothman MP) filed a separate Statement of Reservation arguing the bill did not go far enough, that 'detention as a last resort' should be fully removed from youth justice principles rather than merely clarified, that the online content removal powers needed safeguards against misuse, and that consultation on the weapons reforms was insufficient.
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Assisted Reproductive Technology Bill 2024Recommended passagePASSED

Community Safety and Legal Affairs Committee: Report No. 14, 57th Parliament-Assisted Reproductive Technology Bill 20242024-08-02

Committee findings

The Community Safety and Legal Affairs Committee examined the Assisted Reproductive Technology Bill 2024, receiving 34 written submissions and holding a public hearing with a wide range of stakeholders including medical professionals, ART providers, donor-conceived people and religious bodies. The committee unanimously recommended the bill be passed, finding that Queensland's largely unregulated ART industry needed a robust legislative framework. Key issues examined included the proposed 10-family donor limit, the establishment of a retrospective donor conception information register that prioritises donor-conceived people's right to know their genetic origins over donor anonymity, and the removal of a provision in the Anti-Discrimination Act that permitted discrimination in ART services based on sexuality or relationship status.

Key findings
  • Stakeholders broadly supported the bill's objectives, though some raised concerns about the donor family limit, the donor conception register, and the birth certificate addendum procedure
  • The committee found that the current self-regulatory model for ART services in Queensland has gaps and risks, supporting the introduction of a mandatory licensing scheme for ART providers
  • The committee concluded that placing donor-conceived people's right to know their genetic origins above donor anonymity is justified, noting donors made their decisions as competent adults while donor-conceived people had no choice in their conception
  • The proposed 10-family donor limit was found to strike an appropriate balance between protecting donor-conceived people and not unduly restricting the availability of donor gametes, though concerns about disproportionate impact on single women and LGBTIQ+ couples were acknowledged
  • The committee supported the addendum approach for birth certificates rather than direct annotation, as it allows donor-conceived people to access information privately without their birth certificate being noticeably different
Recommendations
  • The committee recommends that the Assisted Reproductive Technology Bill 2024 be passed.
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Respect at Work and Other Matters Amendment Bill 2024Recommended passagePASSED with amendment

Community Safety and Legal Affairs Committee: Report No. 13, 57th Parliament-Respect at Work and Other Matters Amendment Bill 20242024-08-02

Committee findings

The Community Safety and Legal Affairs Committee examined the Respect at Work and Other Matters Amendment Bill 2024 over approximately six weeks, receiving 37 written submissions and holding a public hearing in Brisbane. The committee recommended the bill be passed, finding it had sufficient regard for fundamental legislative principles and that any limitations on human rights were reasonable and justified. Most stakeholders supported the reforms, though some religious organisations expressed concern about the impact on religious freedoms, and several advocacy groups were disappointed the bill did not go further. Two LNP members filed a Statement of Reservation raising concerns about legal uncertainty in the positive duty and vilification provisions.

Key findings
  • Most stakeholders supported the bill's objectives, including expanding protected attributes, introducing a positive duty to prevent discrimination, and strengthening vilification protections.
  • Some religious organisations and individuals expressed concern that the bill would unreasonably burden religious schools and restrict the ability to teach and hire staff in accordance with religious convictions.
  • Several stakeholders were disappointed the bill did not include additional reforms from the Queensland Human Rights Commission's Building Belonging Report, including a positive duty to make reasonable accommodations for people with disability and reform of religious school exemptions.
  • The committee was satisfied that the bill's limitations on freedom of expression through strengthened vilification provisions were reasonable and demonstrably justifiable.
  • The Department of Justice and Attorney-General advised that the bill's practical impact on religious workplaces would be limited given equivalent prohibitions already existing in federal legislation.
Recommendations
  • The committee recommends that the Respect at Work and Other Matters Amendment Bill 2024 be passed.
Dissenting views: LNP members Jon Krause MP (Deputy Chair) and Mark Boothman MP filed a Statement of Reservation. They expressed concern that Part 2 of the bill contained significant departures from Commonwealth legislation and the recommendations of the Australian Human Rights Commission. They argued the positive duty provisions were inordinately broader in scope than the equivalent federal duty, that the vilification amendments exceeded the recommendations of the former Legal Affairs and Safety Committee, and that terms such as 'equitable outcomes' created legal uncertainty. They warned the combined effect of uncertain laws and expanded Queensland Human Rights Commission enforcement powers would curtail freedom of religion, association, and speech.
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Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024Recommended passagePASSED with amendment

Community Safety and Legal Affairs Committee: Report No. 7, 57th Parliament-Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024, government response2024-05-21

Community Safety and Legal Affairs Committee: Report No. 7, 57th Parliament-Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 20242024-04-12

Committee findings

The Community Safety and Legal Affairs Committee examined the bill over two months, tabling its report on 12 April 2024. The committee recommended the bill be passed and made three additional recommendations addressing non-written parole applications, safeguards for withholding information from prisoners, and a privacy impact assessment for body-worn cameras. The Queensland Government supported all recommendations, committing to amend the bill during consideration in detail to strengthen recordkeeping and natural justice safeguards.

Key findings
  • The committee found the bill's enhancements to the QCS victims register were well-supported, expanding eligibility and improving information sharing for victim safety.
  • Concerns were raised about the requirement for parole applications to be in writing, with the committee recommending the government consider allowing non-written applications to improve accessibility for prisoners.
  • The committee's majority found that new section 340AA, which allows withholding information from prisoners on safety grounds, needed stronger safeguards including a public interest test and recordkeeping requirements.
  • The committee identified the need for a Privacy Impact Assessment before body-worn cameras are used by corrective services officers outside facilities.
  • The bill's provisions for accommodating diverse prisoner needs during searches, including for pregnant, breastfeeding, or religious prisoners, were examined as necessary reforms.
Recommendations
  • The committee recommends the Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024 be passed.
  • The committee recommends the Queensland Government consider allowing for non-written parole applications from prisoners.
  • The majority of the committee recommends the Queensland Government consider the merit of amending new section 340AA to: provide for a public interest test in relation to decisions in order to determine whether the impact of disclosure outweighs the right to natural justice; require that decision makers keep a record of reasons, even if they are not required to disclose these reasons to a prisoner; and clarify that the section does not apply to statements of reason under the Judicial Review Act 1991.
  • The committee recommends the Queensland Government conduct a Privacy Impact Assessment before implementing provisions relating to the use of body-worn cameras.
Dissenting views: Recommendation 3 was a majority recommendation rather than unanimous, indicating at least one committee member did not support the proposed amendments to section 340AA regarding safeguards for withholding information from prisoners. The specific dissenting members and their reasons were not detailed in the available report text.
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Victims' Commissioner and Sexual Violence Review Board Bill 2024Recommended passagePASSED

Community Safety and Legal Affairs Committee: Report No. 9, 57th Parliament-Victims' Commissioner and Sexual Violence Review Board Bill 2024, government response2024-04-30

Community Safety and Legal Affairs Committee: Report No. 9, 57th Parliament-Victims' Commissioner and Sexual Violence Review Board Bill 20242024-04-19

Committee findings

The Community Safety and Legal Affairs Committee examined the Victims' Commissioner and Sexual Violence Review Board Bill 2024, which establishes a Victims' Commissioner and a Sexual Violence Review Board. The committee recommended the bill be passed, while also recommending that the government consider whether the complaints mechanism adequately supports children who lack an advocate or willing adult to make a complaint on their behalf. The Queensland Government supported both recommendations.

Key findings
  • The bill partially implements recommendations from the Women's Safety and Justice Taskforce by establishing a Victims' Commissioner and Sexual Violence Review Board.
  • Stakeholders raised concerns about whether children without an advocate or willing adult could effectively access the complaints mechanism.
  • DVConnect and Multicultural Australia called for a legislative review process to ensure the Victims' Commissioner and Board are performing their functions effectively and supporting vulnerable groups.
  • The Department of Justice and Attorney-General advised that the Independent Implementation Supervisor, appointed in March 2023, was already overseeing implementation of the Taskforce recommendations, making a further legislative review unnecessary.
Recommendations
  • The committee recommends the Victims' Commissioner and Sexual Violence Review Board Bill 2024 be passed.
  • The committee recommends that consideration be given to whether the complaints mechanism in the Bill is sufficient in relation to the ability of children to make a complaint where they lack an advocate or willing adult to make a complaint on their behalf.
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Disaster Management and Other Legislation Amendment Bill 2024Recommended passagePASSED with amendment

Community Safety and Legal Affairs Committee: Report No. 8, 57th Parliament-Disaster Management and Other Legislation Amendment Bill 20242024-04-19

Committee findings

The Community Safety and Legal Affairs Committee examined the Disaster Management and Other Legislation Amendment Bill 2024 over approximately six weeks, receiving 60 written submissions and holding a public hearing with seven stakeholder groups. The committee recommended the bill be passed, finding the proposed structural reforms to establish Queensland Fire and Rescue and Rural Fire Service Queensland as separate entities within the new Queensland Fire Department to be appropriate. However, the committee acknowledged significant concerns from rural fire brigade volunteers about the consultation process, the centralisation of brigade finances, and the impact on brigade autonomy, and encouraged the government to deliver education and awareness programs during implementation.

Key findings
  • The committee found the establishment of Queensland Fire and Rescue and Rural Fire Service Queensland as separate fire services within the Queensland Fire Department to be an appropriate structural arrangement.
  • Numerous rural fire brigade stakeholders raised serious concerns about inadequate consultation, with some stating they were not consulted on the bill itself, only on the earlier independent review.
  • Stakeholders expressed significant concern about the proposed centralisation of brigade finances into a department-controlled banking system, with uncertainty about whether locally raised funds would become state funds.
  • The committee was satisfied the bill's provisions enabling the Commissioner to suspend or remove rural fire brigade members included sufficient natural justice protections.
  • The committee supported extending smoke alarm obligations to caravans and motorised caravans to improve fire safety in all types of dwellings where people sleep.
Recommendations
  • The committee recommends the Disaster Management and Other Legislation Amendment Bill 2024 be passed.
  • The committee encourages the Queensland Government to continue to deliver appropriate education and awareness programs to effectively engage both Queensland Fire and Rescue and Rural Fire Service Queensland personnel as part of the implementation of the proposed reforms.
Dissenting views: LNP members Jon Krause and Mark Boothman filed a Statement of Reservation raising concerns about the one-week submission period, the centralisation of rural fire brigade finances into state-controlled accounts, the lack of available training for volunteer brigade members, and confusion around Clause 83 regarding volunteer firefighting capabilities in remote areas. They also noted the bill failed to require smoke alarms in non-registered caravans in holiday or permanent sites. Separately, Stephen Andrew MP filed a Statement of Reservation calling for the bill to be withdrawn to allow full consultation with the Rural Fire Brigades Association Queensland, arguing the bill would destroy the community-based rural fire brigade network and absorb volunteer services into a government command and control structure.
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2024Recommended passagePASSED with amendment

Community Safety and Legal Affairs Committee: Report No. 6, 57th Parliament-Crime and Corruption Amendment Bill 20232024-04-11

Committee findings

The Community Support and Services Committee examined the bill over seven weeks, receiving 13 submissions and holding public hearings. The committee recommended the bill be passed, while also making three additional recommendations focused on police training for LGBTIQA+ diversity, clarification of when gender preferences for searches may not be accommodated, and recruitment of psychologists for corrective services. The Queensland Government supported or noted all four recommendations.

Key findings
  • Several stakeholders raised concerns about whether the proposed search amendments would adequately protect the dignity of persons being searched, particularly during unclothed searches, and suggested less intrusive alternatives such as full body scanners.
  • The committee identified a need for Queensland Police Service training focused on diversity and the intersection of LGBTIQA+ individuals with the criminal justice system.
  • Stakeholders sought clarification on the circumstances in which it would not be 'reasonably practicable' to accommodate a person's gender preference during a search, with the government agreeing to move amendments during consideration in detail.
  • The Aboriginal and Torres Strait Islander Legal Service raised concerns about recruitment difficulties for qualified psychologists in Queensland Corrective Services.
  • The bill also proposed removing unnecessary gendered language across several statutes, which stakeholders did not oppose.
Recommendations
  • The committee recommends the Police Powers and Responsibilities and Other Legislation Amendment Bill 2024 be passed.
  • The committee recommends the Queensland Police Service conducts appropriate training of officers and support staff that focuses on diversity and intersection of LGBTIQA+ individuals encountering the criminal justice system as part of the implementation of the reforms proposed in the Bill.
  • The committee recommends that the Minister for Police and Community Safety provide further clarification of the circumstances in which it is not 'reasonably practicable' to accommodate a gender preference.
  • The committee encourages Queensland Corrective Services to address the current difficulties to recruit qualified psychologists with a proactive recruitment campaign.
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Crime and Corruption and Other Legislation Amendment Bill 2024Recommended passagePASSED with amendment

Community Safety and Legal Affairs Committee: Report No. 4, 57th Parliament-Crime and Corruption and Other Legislation Amendment Bill 20242024-04-05

Committee findings

The Community Safety and Legal Affairs Committee examined the Crime and Corruption and Other Legislation Amendment Bill 2024 over several weeks, receiving 11 submissions and holding a public hearing and departmental briefing. The committee recommended the bill be passed, finding that its reforms to the Crime and Corruption Commission's enforcement powers, journalist shield laws, and Director of Public Prosecutions oversight struck an appropriate balance between anti-corruption capability and safeguards for rights and freedoms. Two non-government members filed a Statement of Reservation, criticising the government's handling of CCC appointment tenure provisions and the pace of reform.

Key findings
  • The bill's amendments to streamline CCC enforcement powers and privilege provisions were found to provide greater clarity without altering the CCC's existing coercive powers.
  • The committee accepted that journalist shield law provisions appropriately balance press freedom with the CCC's investigative needs.
  • Stakeholders broadly supported requiring the CCC to seek Director of Public Prosecutions advice before charging corruption offences, enhancing oversight of CCC decision-making.
  • The committee acknowledged that some provisions, particularly on appointment tenure, departed from earlier Parliamentary Crime and Corruption Committee recommendations.
  • The committee urged the government to consider implementing further outstanding recommendations from multiple review reports into the CCC.
Recommendations
  • The committee recommends the Crime and Corruption and Other Legislation Amendment Bill 2024 be passed.
Dissenting views: Non-government members Mark Boothman MP (Deputy Chair) and Jon Krause MP filed a Statement of Reservation. They criticised the pace of CCC reform as 'glacial', noting some recommendations dated back to 2016. They objected to the bill mandating fixed seven-year terms for CCC commissioners rather than allowing terms 'not exceeding' seven years as the PCCC recommended, arguing this strips the PCCC of meaningful input into appointment length and concentrates power in the executive government. They also criticised the government's refusal to fix the definition of 'bipartisan support' in the Crime and Corruption Act, which they said enables the government to make CCC appointments without genuine bipartisan agreement.
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Forensic Science Queensland Bill 2023Recommended passagePASSED

Community Safety and Legal Affairs Committee: Report No. 2, 57th Parliament-Forensic Science Queensland Bill 20232024-02-19

Committee findings

The Community Safety and Legal Affairs Committee examined the Forensic Science Queensland Bill 2023 over approximately three months, receiving written submissions and holding a public hearing with stakeholders and a departmental briefing. The committee recommended the bill be passed, finding it gave sufficient regard to the rights and liberties of individuals and was compatible with human rights. Key issues examined included the composition of the Advisory Council, the appointment requirements for the Director of Forensic Science Queensland, and consistency with recommendation 121 of the Sofronoff Commission of Inquiry into Forensic DNA Testing. Opposition committee members filed a Statement of Reservation raising concerns about transparency on forensic re-testing and the government's deviation from the Commission of Inquiry's recommended Advisory Board structure.

Key findings
  • The bill implements recommendation 121 of the Sofronoff Commission of Inquiry into Forensic DNA Testing in Queensland, establishing a statutory framework for forensic services that is the first of its kind in any Australian jurisdiction.
  • Stakeholders were generally supportive of the bill but raised concerns about the composition of the Advisory Council, particularly the absence of a dedicated position for a clinical forensic medicine examiner and the deviation from the Sofronoff Report's recommended non-executive advisory board structure.
  • The committee was satisfied that the bill's limitations on human rights, including privacy restrictions through confidentiality provisions and criminal history screening for the Director, were reasonable and justifiable.
  • Several stakeholders noted the bill does not provide for a dedicated research and development unit as recommended by the Sofronoff Report, though the department indicated this could be addressed administratively.
  • Opposition members raised concerns about the government's reluctance to disclose the number of cases requiring forensic re-testing and the potential long-term ramifications of the forensic laboratory failures.
Recommendations
  • The committee recommends the Forensic Science Queensland Bill 2023 be passed.
Dissenting views: Opposition members Mark Boothman MP and Jon Krause MP filed a Statement of Reservation acknowledging the advocacy of Vicki Blackburn and Dr Kirsty Wright in uncovering forensic laboratory failures. They raised concerns that their questions about the number of cases requiring re-testing were dismissed by government committee members, questioned whether lessons about transparency and accountability from the two Commissions of Inquiry had been heeded, and criticised the government's decision to deviate from the Sofronoff Report's recommendation on the Advisory Board composition. They noted the government had been slow to act on the forensic services failures, which they described as one of the most significant cases of government maladministration in living memory.
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Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023Recommended passagePASSED

Community Safety and Legal Affairs Committee: Report No. 1, 57th Parliament-Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 20232024-02-19

Committee findings

The Community Safety and Legal Affairs Committee examined the bill over several months, receiving five submissions and holding public hearings with legal stakeholders including the Queensland Law Society, Bar Association of Queensland, Legal Aid Queensland, and Women's Legal Service Queensland. The committee recommended the bill be passed, finding it struck an appropriate balance between reforming the criminal justice system and preserving fundamental legal protections. No dissenting views were recorded.

Key findings
  • The subsequent appeals framework was broadly supported by stakeholders, with the Queensland Law Society, Legal Aid Queensland, and Queensland Council for Civil Liberties welcoming a new pathway for wrongfully convicted persons to appeal with fresh evidence.
  • Stakeholders raised concerns about different legal tests applying depending on whether appeal evidence is classified as 'fresh' or 'new', with the QLS, Bar Association and Women's Legal Service questioning the need for a separate balance-of-probabilities test for new evidence.
  • The Queensland Law Society and Queensland Council for Civil Liberties opposed expanding the double jeopardy exception beyond murder, arguing the existing exception already struck the right balance between public confidence and fundamental legal principles.
  • Women's Legal Service Queensland and DVConnect supported expanding double jeopardy exceptions to sexual offences, noting systemic flaws in investigations and the lack of legal standing for victims in criminal proceedings.
  • The committee was satisfied that safeguards in the bill, including requiring leave of the Court of Appeal, limiting retrials to one per offence, and requiring fresh evidence to meet a due diligence test for police and prosecutors, would prevent abuse of the provisions.
Recommendations
  • The committee recommends the Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023 be passed.
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Other Reports (12)

Email, dated 27 September 2024, from the member for Scenic Rim, Mr Jon Krause MP, to the Chair of the Community Safety and Legal Affairs Committee, Mr Peter Russo MP, regarding a correction to the Statement of Reservation in the Community Safety and Legal Affairs Committee: Report No. 16, 57th Parliament-2024-25 Budget Estimates

Other2024-09-30

Letter, dated 26 September 2024, from the member for Theodore, Mr Mark Boothman MP, to the Chair of the Community Safety and Legal Affairs Committee, Mr Peter Russo MP, regarding a correction to the Statement of Reservation in the Community Safety and Legal Affairs Committee: Report No. 16, 57th Parliament-2024-25 Budget Estimates

Other2024-09-30

Community Safety and Legal Affairs Committee: Report No. 19, 57th Parliament-Annual Report 2023-24

Other2024-08-27

Community Safety and Legal Affairs Committee: Report No. 18, 57th Parliament-Subordinate legislation tabled between 1 May 2024 and 11 June 2024

Subordinate Legislation2024-08-27

Community Safety and Legal Affairs Committee: Report No. 17, 57th Parliament-Examination of the Report of the Strategic Review of the Office of the Information Commissioner

Other2024-08-16

Community Safety and Legal Affairs Committee: Report No. 16, 57th Parliament-2024-25 Budget Estimates-Volume of Additional Information

Other2024-08-09

Community Safety and Legal Affairs Committee: Report No. 16, 57th Parliament-2024-25 Budget Estimates

Other2024-08-09

Community Safety and Legal Affairs Committee: Report No. 12, 57th Parliament-Subordinate legislation tabled between 17 April and 30 April 2024

Subordinate Legislation2024-07-17

Community Safety and Legal Affairs Committee: Report No. 11, 57th Parliament-Subordinate legislation tabled between 6 March 2024 and 16 April 2024

Subordinate Legislation2024-06-10

Community Safety and Legal Affairs Committee: Report No. 10, 57th Parliament-Subordinate legislation tabled between 14 February 2024 and 5 March 2024

Subordinate Legislation2024-05-07

Community Safety and Legal Affairs Committee: Report No. 5, 57th Parliament-Subordinate legislation tabled between 29 November 2023 and 13 February 2024

Subordinate Legislation2024-04-10

Community Safety and Legal Affairs Committee: Report No. 3, 57th Parliament-Subordinate legislation tabled between 15 November 2023 and 28 November 2023

Subordinate Legislation2024-02-22