Children & Families
Child safety, family law, childcare, parenting support
58th Parliament (2024–present)9 bills
Education and Other Legislation Amendment Bill 2026
In CommitteeThis bill is being examined by a parliamentary committee before further debate.- •Children who have disengaged from school can access formally recognised re-engagement programs to help them transition back into educationClauses 46-47, 52Compulsory schooling requirements are suspended while a child participates in an education re-entry and transition service program.
- •Teachers in youth detention education centres no longer need a separate blue card, reducing administrative barriers to delivering education in detentionClauses 215-217Approved teachers working in ETCs are exempted from regulated employment screening under the Working with Children Check Act.
23/4/2026· Hon J Langbroek MPEducationGovernment & Elections
Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Bill 2026
In CommitteeThis bill is being examined by a parliamentary committee before further debate.- •Children abused by persons connected to institutions — such as priests, volunteers, or contractors — gain stronger legal protections for seeking accountabilityClause 4 (new section 33IB)A person in a relationship akin to employment with an institution is taken to be associated with the institution for abuse claims.
- •The bill implements Royal Commission recommendations to ensure institutional accountability covers all persons associated with an institution, not just employeesExplanatory notes
22/4/2026· Hon M Scanlon MPJustice & Rights
Youth Justice (Electronic Monitoring) Amendment Bill 2025
PassedThis bill became law.- •Children of any age on bail can now be electronically monitored, removing the previous minimum age of 15Clause 4(1)Omits the requirement that the child be at least 15 years of age.
- •Monitoring can only be imposed if the youth justice chief executive confirms support services are available where the child livesClause 4(1)New subsection 52AA(1A) requires the chief executive to advise that monitoring device services, compliance support, and child monitoring services are available in the child's area.
- •The independent evaluation found monitoring was linked to reduced reoffending and less time in custody for young peopleThe evaluation found electronic monitoring conditions were associated with high bail completion, reduced reoffending, lower victimisation, and reduced time in custody.
10/12/2025· Hon L Gerber MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
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Community Protection and Public Child Sex Offender Register (Daniel’s Law) Bill 2025
PassedThis bill became law.- •Parents and guardians can apply to find out whether someone with unsupervised contact with their child is a registered sex offenderSection 74AI (Clause 8)The Police Commissioner may disclose whether a specified person is a reportable offender if satisfied they have had or will have unsupervised contact with the child.
- •Residents can view photos of high-risk child sex offenders living in their local areaSection 74AG (Clause 8)The Police Commissioner may provide photographs of reportable offenders residing in the applicant's general locality, including repeat offenders and those deemed serious risk.
- •Photos and details of missing child sex offenders who have breached their reporting obligations will be published on a public websiteSection 74AF (Clause 8)The Police Commissioner may publish personal details of offenders who have failed to comply with reporting obligations and whose whereabouts are unknown.
- •The register cannot disclose information about offenders who were children at the time of offending and have not reoffended as adultsSection 74AE (Clause 8)Protects juvenile offenders who committed offences as children and have not committed further offences, been subject to reporting orders, or engaged in concerning conduct as adults.
27/8/2025· Hon D Purdie MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
25
Penalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025
PassedThis bill became law.- •For rape or sexual assault of a child aged 16 or 17, the court must treat their age as an aggravating factor when sentencingClause 12(6), new s 9(9BA)The court must treat the child's age as an aggravating factor unless it considers this is not reasonable because of exceptional circumstances.
- •The blue card system is strengthened so that people charged with serious offences can be properly suspended from working with childrenClause 16, amended s 295Restores the full range of serious offences for which the chief executive must issue a suspension notice to a blue card holder.
- •The definition of offences triggering blue card action is broadened to include attempts, conspiracies, and equivalent interstate offencesClause 16(2), new s 295(3)Prescribed offences now include counselling, procuring, attempting, conspiring to commit serious offences, and equivalent offences from other jurisdictions.
20/5/2025· Hon D Frecklington MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
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Making Queensland Safer (Adult Crime, Adult Time) Amendment Bill 2025
PassedThis bill became law.- •Young offenders now face adult-level penalties for 33 serious offences in total, up from the original 13 under the Making Queensland Safer Act 2024Clause 5The Bill adds a further 20 offences to the existing 13 offences which are of concern to the community.
- •Childrens Court magistrates can now impose up to three years detention for these offences, tripled from the previous one-year limitClause 5Capped at three years if dealt with by a magistrate, an increase from one year for other offences.
- •The changes only apply to offences committed after the bill commences — they do not apply retrospectivelyClause 6Section 175A applies in relation to an offence only if the offence was committed after the commencement.
1/4/2025· Hon D Crisafulli MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
Education (General Provisions) Amendment Bill 2025
Passed (amended)This bill became law after being modified during debate.- •Schools must share safety and wellbeing information about transferring students, implementing a Royal Commission recommendation to better protect childrenClause 34 (new s 388C(2))The principal of the previous school must include in the transfer note any information they reasonably believe is necessary to protect the safety and wellbeing of the student and the school community.
- •People convicted of indictable offences are barred from P&C Association executive and subcommittee roles, adding a safeguard around children's school communitiesClauses 28-29 (ss 126, 130)A person with a conviction (other than a spent conviction) for an indictable offence is disqualified from becoming or continuing as a member of a P&C executive committee or subcommittee.
- •Children with intermittent health needs can now access eKindy if their total absence would exceed 10 weeks across the year, not just 10 consecutive weeksClause 35 (new s 419F(3A))Medical eligibility broadened so cumulative weeks of absence qualify, better catering for children with intermittent health conditions.
14/3/2025· Hon J Langbroek MPEducationRegional QueenslandCommittee: pass
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Youth Justice (Monitoring Devices) Amendment Bill 2025
PassedThis bill became law.- •Children aged 15 and over charged with serious offences can continue to be monitored electronically on bail rather than held in detentionClause 3Section 52AA allows courts to impose monitoring device conditions on bail for children aged 15+ charged with prescribed indictable offences.
- •The trial does not change — the same eligibility rules, safeguards, and suitability assessments apply for the extra yearThe bill does not alter how the trial operates or affect any impact the trial has on children.
20/2/2025· Hon L Gerber MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
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Making Queensland Safer Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Young people aged 10 to 17 convicted of serious crimes face adult-level penalties including mandatory life sentences for murderClause 19 (new section 175A)Applies to 13 listed offences including murder, manslaughter, grievous bodily harm, dangerous driving, robbery, burglary and unlawful use of vehicles.
- •Detainees in youth detention must be transferred to adult prison within one month of turning 18, with no right of appealClause 33 (new section 276C)The chief executive may direct that the transfer not take place but is not required to provide procedural fairness.
- •Police cautions given to children now go on their criminal record and must be explained to the child at the timeClauses 41 and 42Removes the provision that a caution is not part of a child's criminal history, and requires police to explain the effect on the child's criminal history.
28/11/2024· Hon D Crisafulli MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
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57th Parliament (2020–2024)23 bills
Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2024
Lapsed- •Children with disability are now covered by the restrictive practices authorisation framework for the first timeClause 14, section 140The framework expands from adults with intellectual or cognitive disability to all people with disability including children receiving NDIS or state disability services.
- •When authorising restrictive practices for children, the child's safety, wellbeing and best interests must be the paramount considerationClause 14, section 161Where there is a conflict between a child's interests and those of an adult caring for the child, the child's safety and best interests are paramount.
- •Parents must be consulted before restrictive practices are included in a child's behaviour support plan, and before the Senior Practitioner authorises their useClause 14, sections 160 and 176The Senior Practitioner must consult with each parent of the child, and service providers must consult parents when developing state behaviour support plans.
14/6/2024· Hon C Mullen MPHealthJustice & RightsCommittee: pass
Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Adults who give vaping products to children outside a shop setting now face penalties of up to 140 penalty unitsClause 17, s 161CAn adult must not supply an illicit nicotine product to a child. Maximum penalty — 140 penalty units.
- •The bill responds to survey data showing 30 per cent of Australians aged 12-17 have tried vaping, with use quadrupling since 2017Explanatory Notes, Policy objectivesResults from the Australian Secondary Students' Alcohol and Drug Survey confirmed rapid uptake of vaping among adolescents.
- •Advertising and promotion of vaping products that targets young people through social media and retail displays is now an offenceClause 15, s 109AProhibition on display, advertising or promotion of illicit nicotine products as part of a business activity.
12/6/2024· Hon S Fentiman MPHealthJustice & RightsCommittee: pass
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Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •More workers who have contact with children will need blue cards, including at gyms, play centres, entertainment services, and amusement parksClauses 129-130, Schedule 1 sections 11, 11ANew categories of regulated employment and regulated business capture gyms, play facilities, entertainment or party services, beauty or talent competitions, and photography services directed mainly towards children.
- •Blue card decisions shift from 'best interests of children' to whether a person poses a 'real and appreciable risk' to children's safetyClause 37, new section 18DA reference in this Act to a risk to the safety of children is a reference to a real and appreciable risk to the safety of children.
- •Parent volunteers at overnight camps and excursions will now need a blue card, even if their own child is attendingClause 38, new section 156(5)Despite subsection (4), a person is employed in regulated employment if the employment or the service or activity includes, or is likely to include, an overnight camp or excursion for children.
- •Employers who let a suspended worker continue in child-related work face penalties of up to 200 penalty units or 2 years imprisonmentClause 61, amended section 298(3)A person's employer or potential employer who is given a notice about the suspension must not allow the person to perform work that is regulated employment. Maximum penalty—200 penalty units or 2 years imprisonment.
12/6/2024· Hon Y D'Ath MPJustice & RightsFirst NationsCommittee: pass
10
Child Safe Organisations Bill 2024
PassedThis bill became law.- •Children in Queensland organisations get stronger protections through 10 mandatory child safe standards covering governance, complaints, safe environments, and staff suitabilityClause 9 and Clause 11Child safe entities must implement and comply with the child safe standards and a Universal Principle for cultural safety of Aboriginal and Torres Strait Islander children.
- •Allegations of child abuse by workers must be reported to the Queensland Family and Child Commission within 3 business days, with a maximum penalty of 100 penalty units for failure to reportClause 34The head of a reporting entity must give the commission written notice about the allegation or conviction within 3 business days.
- •Aboriginal and Torres Strait Islander children get specific cultural safety protections embedded across all 10 child safe standards through a Universal PrincipleClause 11(2)A child safe entity must provide an environment that promotes and upholds the right to cultural safety of children who are Aboriginal persons or Torres Strait Islander persons.
- •Anyone can report concerns about worker conduct towards children directly to the Commission, with legal protections against reprisal for reportersClause 33(4) and Clauses 59-61Any person may notify the commission of a reportable allegation or reportable conviction about a worker at any time. Persons who report in good faith are protected from civil, criminal and administrative liability.
12/6/2024· Hon C Mullen MPJustice & RightsEducationCommittee: pass
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Assisted Reproductive Technology Bill 2024
PassedThis bill became law.- •Donor-conceived people aged 16 or older can find out the identity of their biological donor, even if the donation happened decades agoClause 48A donor-conceived person who is 16 years or older may apply for identifying and non-identifying information about the donor, without the donor's consent.
- •The number of families created from a single donor is capped at 10, reducing the risk of donor-conceived people unknowingly forming relationships with genetic siblingsClause 25An ART provider must not use a donated gamete or donated embryo in an ART procedure if it would result in more than 10 donor-related Australian families.
- •Birth certificates of donor-conceived people will include a note that further information about their birth is available, giving them an independent way to learn about their originsClause 158 (new s 23A)The registrar must attach an addendum to the birth certificate stating that further information is available in a register kept by the registrar.
- •The welfare and interests of people born through ART are declared to be of paramount importance throughout their livesClause 3(2)The welfare and interests of people who are born as a result of assisted reproductive technology are, throughout their lives, of paramount importance in the administration and operation of this Act.
22/5/2024· Hon S Fentiman MPHealthJustice & RightsCommittee: pass
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Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Adults in positions of authority — including teachers, coaches, employers and family members — now face up to 14 years imprisonment for sexual acts against 16 or 17 year olds in their careClause 8 (new s 210A)Creates a standalone offence for sexual conduct by adults with children aged 16-17 under their care, supervision or authority.
- •An adult who maintains an ongoing sexual relationship with a 16 or 17 year old under their authority faces a maximum of life imprisonmentClause 9 (new s 229B(1A))Extends the 'repeated sexual conduct with a child' offence to cover children aged 16-17 under the offender's care, supervision or authority.
- •The new offence automatically triggers blue card disqualification and is classified as a serious violent offenceSchedule 1Section 210A is prescribed as a serious violent offence, prescribed offence, sexual offence, and disqualifying offence under the blue card and disability services systems.
21/5/2024· Hon Y D'Ath MPJustice & RightsSafety & EmergencyCommittee: pass
Queensland Community Safety Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Young offenders on bail may be fitted with electronic monitoring devices under expanded trial criteriaClause 119Expands electronic monitoring trial eligibility to include children charged with prescribed indictable offences in the previous 12 months, and adds new offence categories.
- •Children held in watchhouses can temporarily access programs and exercise at nearby youth detention centresClause 120 (new s 56A)Chief executive may temporarily transfer custody of a child from police to youth justice for daytime access to programs, with the child returned to the watchhouse the same day.
- •Victims and their families can now attend Childrens Court criminal proceedings, subject to the court's power to exclude themClause 112Amends Childrens Court Act s20 to allow victims, relatives of deceased victims, their representatives, and accredited media to be present during criminal proceedings.
- •Youth justice principle 18 clarified to confirm courts can impose detention where necessary for community safetyClause 132Rewords principle 18 to state a child should be detained where necessary, including for community safety, where non-custodial measures would not be sufficient.
1/5/2024· Hon M Ryan MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
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Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Young people under 18 can no longer buy knives, swords, machetes, axes, spear guns, or realistic Gel Blasters from any retailer or online sellerClause 6, s 19GA person must not sell a controlled item to a minor.
- •Retailers must train staff about the ban on selling controlled items to minors and get written acknowledgement from each employeeClause 6, s 19HCommercial sellers must instruct employees not to sell controlled items to minors and warn them of the legal consequences.
29/11/2023· Hon M Ryan MPJustice & RightsSafety & EmergencyCommittee: pass
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Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Committing a domestic violence offence against a child, or exposing a child to domestic violence, is now treated as an aggravating factor that increases sentencesClause 86 (new s 9(10C)-(10D))Courts must treat DFV against a child or exposure of a child to DFV as aggravating factors in sentencing.
- •When sentencing or granting bail to a young person, courts must consider the impact on children in their care and any pregnancyClauses 96-97, 100Amends Youth Justice Act bail and sentencing provisions to require consideration of caregiving responsibilities.
11/10/2023· Hon S Fentiman MPJustice & RightsSafety & EmergencyCommittee: pass
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Tobacco and Other Smoking Products Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Parents and guardians can no longer legally supply cigarettes or vapes to their childrenClause 17Removes the responsible adult exemption from section 19, meaning all adults commit an offence if they supply smoking products to a child.
- •Under-18s can no longer sell or handle smoking products at work, with escalating fines for employersClause 10New section 11A imposes penalties of 140 penalty units for a first offence, rising to 420 for a third or later offence.
- •Children are banned from remaining in designated outdoor smoking areas at pubs and clubsClause 43Amends section 26ZB to require the liquor licensee to ensure no child remains in the DOSA, with 140 penalty unit fines.
- •Smoking is banned at organised children's outdoor activities like Scouts and Girl Guides, with a 10-metre buffer zoneClause 47Amends section 26ZKD to cover organised children's activities conducted by an association or club, not just sporting events.
14/3/2023· Hon Y D'Ath MPHealthBusiness & EconomyCommittee: pass
41
Strengthening Community Safety Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Electronic monitoring ankle bracelets on bail are extended to include 15-year-olds, down from the previous minimum of 16Clause 14Extends the electronic monitoring trial for a further two years and lowers the minimum age from 16 to 15.
- •Young people who turn 18 in youth detention can be transferred to adult prisons sooner, though they can apply for a delay and have it reviewed by the Childrens CourtClauses 30-36Reduces the trigger period from 6 months to 2 months and creates new arrangements for transfer of remandees.
- •Multi-agency panels are established in law to coordinate government services for at-risk children across health, education, housing, police, and youth justiceClause 37, new Part 8AMACPs coordinate assessments and referrals to meet the needs of children charged with offences or at risk of offending.
- •If a child breaches a conditional release order for a serious offence, the court must revoke it and order detention unless special circumstances existClause 28, new s 246AStrengthens consequences for breaching conditional release orders made in relation to prescribed indictable offences.
21/2/2023· Hon M Ryan MPJustice & RightsSafety & EmergencyCommittee: pass
47
Births, Deaths and Marriages Registration Bill 2022
PassedThis bill became law.- •Same-sex parents can now both be registered as 'mother', 'father' or 'parent' on their child's birth certificateClause 12Each of a child's parents may be registered as the child's mother, father or parent, enabling combinations such as mother/mother, father/father or parent/parent.
- •Parents of a child under 16 can apply to change their child's recorded sex through an administrative pathway with a practitioner assessmentClauses 40-41Both parents may apply to the registrar, with the application accompanied by a statement that the change is in the child's best interests and an assessment by a developmentally informed practitioner.
- •Children aged 12 to 15 can apply directly to the Childrens Court to change their recorded sex if no parent supports themClause 45The Childrens Court must make the order if satisfied it is in the child's best interests, having regard to the practitioner assessment, the child's views, and whether the child is sufficiently mature.
- •Parents of children born with variations of sex characteristics get six months instead of two months to register the birthClause 9(2)(a)Extends the birth registration timeframe from 60 days to 180 days for children where variations of sex characteristics have been identified.
2/12/2022· Hon S Fentiman MPJustice & RightsCommittee: pass
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Health and Other Legislation Amendment Bill 2022
PassedThis bill became law.- •More prep students will be screened for lazy eye as nurses can now contact families directly instead of relying on paper forms through schoolsClause 19Adds the vision screening program to the information-sharing framework in the Public Health Act, alongside existing dental and immunisation programs.
- •Parents can opt out of the vision screening program by declining consent or asking the school principal not to share their child's informationClause 19School principals can withhold student information if disclosure is not in the best interests of the student, and families who decline consent will not be followed up.
29/11/2022· Hon Y D'Ath MPHealthWork & EmploymentCommittee: pass
20
Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •Children's names and personal details are no longer given to offenders who request their register informationClause 33 (s 73)Limits information about children to the first initial of the child's first and last names and the date of reportable contact.
- •Offenders must now report anonymising software and hidden vault applications that could be used to conceal child exploitation materialClause 40 (Schedule 2, new item 15A)Requires reporting of software applications designed to hide information, communications, or the identity/location of the user.
- •At-risk offenders can be required to report their location within 24 hours when staying somewhere for 3 or more daysClause 11 (new s 19B)Police Commissioner may require increased location reporting where satisfied it is necessary to protect the lives or sexual safety of children.
26/10/2022· Hon M Ryan MPJustice & RightsSafety & EmergencyCommittee: pass
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Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •Child offenders who are victims of, or exposed to, domestic violence now get this recognised as a mitigating factor at sentencingClause 96Amends the Youth Justice Act 1992 to require courts to consider whether a child is a victim of, or has been exposed to, domestic violence, and treat this as a mitigating factor without any exception for exceptional circumstances.
- •Courts deciding domestic violence protection orders must now consider the safety of children, including pets, when identifying who needs the most protectionClause 34New section 22A requires courts to consider fear for the safety of a child, another person, or an animal (including a pet) when determining the person most in need of protection.
14/10/2022· Hon S Fentiman MPJustice & RightsSafety & EmergencyCommittee: pass
48
Inspector of Detention Services Bill 2021
PassedThis bill became law.- •Every youth detention centre in Queensland must be independently inspected at least once a yearClause 8(1)(c)(i)The Inspector must inspect each youth detention centre at least once every year.
- •Inspections involving young people in detention must include experts in child trauma and prevention of child sexual abuseClause 9(6)-(7)Where a review or inspection relates to the detention of a child, the Inspector must arrange for a person with appropriate expertise in child trauma and prevention and identification of child sexual abuse.
- •Young people in detention can now have complaints directed to the Inspector as an additional safeguardClause 106Amends the Youth Justice Act 1992 section 277 to allow complaints to be directed to the Inspector of Detention Services.
28/10/2021· Hon S Fentiman MPJustice & RightsFirst NationsCommittee: pass
24
Child Protection Reform and Other Legislation Amendment Bill 2021
PassedThis bill became law.- •Children in care get new rights to culture, identity, religion, play, personal belongings, and to make complaints if their rights are not being metClause 66 (Schedule 1 amendments)Expands the charter of rights for children in care to include rights to be treated fairly, maintain cultural connections, develop identity including sexual orientation or gender identity, choose languages and religions, keep personal belongings, and engage in play.
- •Decision-makers must genuinely listen to children and give them ongoing opportunities to have a say in decisions about their careClause 11 (new section 5E)Replaces the previous requirement to seek children's views only 'to the extent appropriate' with principles requiring meaningful, ongoing participation opportunities and genuine attempts to listen to and understand children's views.
- •Foster and kinship carers get longer certificate renewals (three years instead of two) and a right to proper information and supportClauses 42 and 58Carer certificates renew every three years. New Part 4 requires the chief executive to provide carers with support including financial assistance information, advice, respite care and training.
- •People banned from working with children in other states can no longer get a blue card in QueenslandClauses 95-103 (WWCC NRS provisions)Queensland joins the national Working with Children Check National Reference System. A person with an adverse interstate decision in effect will have their Queensland application withdrawn or authority cancelled.
15/9/2021· Hon L Linard MPJustice & RightsFirst NationsCommittee: pass
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Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021
DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.- •Around 130 children aged 10-13 per year would be diverted away from detention and towards therapeutic, community-based supportProposed section 410On any given day in 2019-20, there were on average 17 children aged 10-13 in detention, representing approximately 9% of the youth detention population.
- •Children held in police watch-houses would have to be released within 3 days, with the watch-house manager required to consider the child's welfare including accommodation and health servicesProposed section 409The watch-house manager must have regard to the welfare of the person, including access to appropriate accommodation, support from a parent or guardian, and health services.
- •All ongoing criminal proceedings, bail conditions, and sentence orders against children for offences committed under 14 would immediately endProposed section 408
15/9/2021· Mr M Berkman MPJustice & RightsFirst NationsCommittee: not recommended
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2021
PassedThis bill became law.- •Nine additional Commonwealth child sexual abuse offences are now reportable, meaning offenders must register with police and report their whereaboutsClause 4Amends Schedule 1 of CPOROPOA to include grooming, online child abuse material, and carriage service offences from the Criminal Code (Cwlth).
- •The blue card system is strengthened so people convicted of slavery, trafficking, forced marriage, or child grooming offences cannot work with childrenClause 55Amends Schedule 4 of the WWCA to add Commonwealth offences including slavery, forced labour, organ trafficking, and grooming as disqualifying offences.
- •Police can inspect the digital devices of child sex offenders convicted of five additional Commonwealth online offencesClause 30Amends s 21B of the PPRA to include offences under ss 474.23A, 474.25C, and 474.27AA of the Criminal Code (Cwlth) as prescribed internet offences.
15/9/2021· Hon M Ryan MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
23
Working with Children (Indigenous Communities) Amendment Bill 2021
DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.- •Child safety remained the paramount concern — community justice groups could only recommend clearances if a majority was satisfied it would not harm children's best interestsClause 8, s 231D(2) and s 231F(2)The community justice group may make a recommendation only if a majority of the group's members are satisfied that issuing the clearance would not harm the best interests of children.
- •People convicted of sexual offences were completely excluded from the alternative pathway and remained subject to the standard Blue Card processClause 8, s 231B(1)(b)The division does not apply if the applicant has been convicted of a prescribed serious offence, which excludes sexually-based offences.
1/9/2021· Mr R Katter MPFirst NationsWork & EmploymentCommittee: not recommended
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Youth Justice and Other Legislation Amendment Bill 2021
Passed (amended)This bill became law after being modified during debate.- •Repeat young offenders aged 16-17 may be fitted with GPS tracking devices while on bail, monitored by Queensland Corrective ServicesClause 26 (new s 52AA)Only applies to children aged 16+ charged with prescribed indictable offences with at least one prior indictable conviction, in prescribed geographical areas.
- •Parents and family members can formally indicate their willingness to support a young person's bail compliance, which courts can consider when deciding bailClause 21 (s 48AA)Courts and police can consider whether a parent or other person will support bail compliance, notify of changed circumstances, or report breaches.
- •A young person cannot be kept in custody solely because they lack accommodation or family supportClause 21 (s 48AA(7))Clarifies that lack of accommodation or family support cannot be the sole reason for refusing bail, while remaining a relevant consideration.
25/2/2021· Hon M Ryan MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
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Child Protection and Other Legislation Amendment Bill 2020
PassedThis bill became law.- •Children in long-term state guardianship will have their case plans reviewed after two years to check whether a more permanent home is possibleClause 9 (new s 51VAA)Requires the chief executive to review the case plan within six months of the two-year mark, considering family reunification, kinship care, or adoption.
- •Adoption is now explicitly listed as the third preference for permanent placement of non-Indigenous children in care, after family reunification and kinship careClause 8 (new s 5BA(4))Clarifies adoption as an available permanency option ahead of long-term guardianship by the chief executive.
- •Case plan review reports must now include findings on whether a better permanency arrangement exists for the childClause 10 (amended s 51X)Inserts new subsection (g) requiring the review report to state findings on alternative permanency arrangements.
- •Foster carers have a clearer pathway to adopt children who have been in their long-term care when reunification with family is not possibleClause 8
3/12/2020· Hon L Linard MPFirst NationsJustice & RightsCommittee: pass
20
Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020
PassedThis bill became law.- •Children with disability are now protected by both the blue card system and a dedicated disability worker screening systemClause 61, new Schedule 1 section 6ACreates a standalone category of regulated employment for disability work with children, consolidating screening requirements.
- •Workers who hold a disability exclusion are also barred from working with children in regulated employmentClause 31Amends section 175 of the Working with Children Act so that holding a disability exclusion is an aggravating circumstance for employing someone without a clearance.
- •The blue card chief executive can now consider broader information, including from the disability screening system, when deciding whether to issue a working with children clearanceClause 41Adds consideration of other relevant information about a person when deciding whether it would be in the best interests of children to issue a clearance.
26/11/2020· Hon C Crawford MPHealthWork & EmploymentCommittee: pass (dissent)
7
56th Parliament (2017–2020)14 bills
Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Bill 2020
Passed (amended)This bill became law after being modified during debate.- •Children raised by cultural parents under Ailan Kastom can get birth certificates that reflect who actually raised themPart 6, Clause 63After a cultural recognition order is made, the Commissioner must give a copy to the Registrar of Births, Deaths and Marriages for registration and issuance of a new birth certificate.
- •All decisions under the Act must prioritise the wellbeing and best interests of the childClause 6The main principle for administering this Act is that any decision made must be for the wellbeing and best interests of the person who is the subject of an application.
- •Cultural parents receive up to 52 weeks unpaid leave and protection from dismissal, similar to other parental leave entitlementsClause 140 (new s 61A)An employee who is a cultural parent under a cultural recognition order is entitled to 8 weeks short cultural parent leave or up to 52 weeks long cultural parent leave.
16/7/2020· Ms C Lui MPFirst NationsJustice & RightsCommittee: pass (dissent)
10
Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019
PassedThis bill became law.- •All adults must report suspected child sexual abuse to police, with up to 3 years imprisonment for failing to do soClause 25, new section 229BCApplies to information that causes an adult to believe on reasonable grounds that a child sexual offence is being or has been committed against a child under 16.
- •People who work with children in institutions and fail to act on a known risk of sexual abuse face up to 5 years in prisonClause 25, new section 229BBApplies to adults associated with institutions including schools, churches, sporting clubs and child care centres who have the power to reduce or remove the risk.
- •Grooming offences now cover adults who manipulate a child's parents or carers to gain sexual access to the childClause 13, new section 218BExpands the grooming offence to conduct directed toward a person who has care of a child under 16 years, including parents, foster parents, step parents and guardians.
- •Producing or possessing life-like child replicas designed for sexual use is now a crime carrying up to 20 years imprisonmentClause 16, new sections 228I-228JCreates offences for producing or supplying (up to 20 years for commercial purposes) and possessing (up to 14 years) child abuse objects.
27/11/2019· Hon Y D'Ath MPJustice & RightsSafety & EmergencyCommittee: pass
23
Child Death Review Legislation Amendment Bill 2019
PassedThis bill became law.- •When a child known to Child Safety dies, all government agencies involved — Health, Education, Police, and Youth Justice — must now review what happened, not just Child SafetyClause 6, sections 245E-245JExpands mandatory internal review requirements from Child Safety and the litigation director to include Queensland Health, Education, Police, and Youth Justice.
- •A new independent board will look at the bigger picture across all agencies to find systemic problems and recommend changes to protect childrenClause 23, section 29DThe Child Death Review Board's functions include carrying out systems reviews, analysing data to identify patterns and risk factors, making recommendations, and monitoring implementation.
- •The former Child Death Case Review Panels, which were run by Child Safety and could only make recommendations to Child Safety, are replaced by a truly independent bodyClause 7, section 278Existing Child Death Case Review Panels are dissolved on commencement and replaced by the Child Death Review Board located in the QFCC.
- •Reviews focus on improving systems to prevent future deaths, not on blaming individual workersClause 6, section 245K(4); Clause 23, section 29H(5)Terms of reference for both internal agency reviews and Board reviews must not include considering whether disciplinary action should be taken against any person.
18/9/2019· Hon Y D'Ath MPJustice & RightsHealthCommittee: pass (dissent)
21
Youth Justice and Other Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Arrested children must be brought before the Childrens Court within 24 hours, reducing time spent in police custodyClause 13 (new section 49)Replaces the previous requirement to be brought before court 'promptly' with an explicit 24-hour limit, removing exceptions for watch house custody and indictable offences.
- •Government agencies and support services can now share information to coordinate help for young people in the justice systemClause 30 (new Part 9, Division 2A)Prescribed entities including health, education, disability and housing departments can share information for case planning, needs assessment, referrals and service delivery.
- •Body-worn cameras in youth detention centres will better protect young people and hold staff accountableClause 5 (new sections 263A and 263B)Authorises recording in detention centres while protecting communications between children and their lawyers, the Ombudsman, community visitors and child advocacy officers.
- •Bail conditions for children must be time-limited and proportionate to their age, maturity and ability to complyClause 16 (new section 52A)Conditions must be necessary to mitigate a specific risk, must not involve undue management, and must state how long they apply. The court or police officer must consider the child's developmental needs, disability and home environment.
14/6/2019· Hon D Farmer MPJustice & RightsCommittee: pass (dissent)
35
Disability Services and Other Legislation (NDIS) Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Children with disability in NDIS respite care continue to be protected by community visitor inspectionsClause 67Amends the definition of residential facility to include places where child accommodation services are provided for the purpose of respite services by an NDIS provider.
- •NDIS providers offering children's respite services must report site information to the Public Guardian or face a penalty of up to 25 penalty unitsClause 71New section 72A requires NDIS providers providing child accommodation services for respite to give the Public Guardian required information in the way and at the times prescribed by regulation.
28/3/2019· Hon C O'Rourke MPHealthJustice & RightsCommittee: pass
31
Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019
DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.- •The duty of care owed to children would have been extended to cover all children under 18, up from the previous limit of under 16Clause 8 (s 286)Amends s 286 of the Criminal Code by omitting 'under 16 years' to provide that the duty of care applies to children under 18 years.
- •People convicted of child homicide would have been disqualified from working with children and holding blue cardsClauses 51-54Amends the Working with Children (Risk Management and Screening) Act 2000 to list child homicide as a serious offence and disqualifying offence.
- •Child homicide would have been a prescribed offence under the child protection offender reporting system, requiring convicted offenders to report to policeClause 3 (sch 1)Amends the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 to include child homicide as a prescribed offence.
- •The bill recognised children's vulnerability by creating a dedicated criminal offence acknowledging that violence against children warrants specific and stronger penaltiesClause 10 (new s 302A)The intent is to recognise and protect vulnerable and defenceless children, whether it is their age or capacity that increases their vulnerability.
13/2/2019· Mr D Janetzki MPJustice & RightsCommittee: not recommended
30
Criminal Code and Other Legislation Amendment Bill 2019
PassedThis bill became law.- •Courts must now treat a child's defencelessness and vulnerability as an aggravating factor when sentencing for manslaughter of a child under 12, supporting longer sentencesClause 9Inserts new subsection 9(9B) into the Penalties and Sentences Act 1992 requiring the court to treat the child's defencelessness and vulnerability, having regard to the child's age, as an aggravating factor.
- •The expanded murder definition means more child killings may result in murder convictions rather than manslaughter, where the offender acted with reckless indifferenceClause 3The Council found many unlawful child killings result in manslaughter convictions due to difficulty establishing intent, even where death is due to physical abuse.
- •People who fail to provide necessaries to children in their care face a maximum of 7 years imprisonment, up from 3 yearsClause 4Brings the penalty in line with similar offences such as cruelty to children under 16 (section 364) and endangering life of children by exposure (section 326), both carrying 7 years.
12/2/2019· Hon Y D'Ath MPJustice & RightsCommittee: pass (dissent)
37
Civil Liability and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •Institutions that care for children now have a legal duty to take all reasonable steps to prevent sexual abuseClause 4, new section 33DAn institution has a duty to take all reasonable steps to prevent the sexual abuse of a child by a person associated with the institution.
- •Children who lose a parent to wrongful death can now recover the cost of having their damages managed by a trusteeClause 8The amount of damages awarded to a person under a legal incapacity may include an amount for management fees relating to the amount awarded.
- •The law recognises that institutions are better placed than child survivors to prove what safeguards were in placeClause 4, new section 33ERelevant factors include the nature of the institution, its resources, its relationship with the child, and the position it placed the person in relation to the child.
15/11/2018· Hon Y D'Ath MPJustice & RightsCommittee: pass (dissent)
32
Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •No one can start paid work with children without first holding a blue card, closing the gap where unscreened people could work with kids while their application was pendingClause 17, s 175–176ACreates offences for employers (100–200 penalty units) and employees (100–500 penalty units or 5 years imprisonment) who breach the No Card, No Start requirement.
- •People convicted of kidnapping a child, child stealing, bestiality, or murder or rape of an adult are now permanently barred from getting a blue cardClause 70Expands Schedule 4 disqualifying offences to include bestiality (s 211), kidnapping (s 354), kidnapping for ransom (s 354A), child stealing (s 363), and abduction of a child under 16 (s 363A) of the Criminal Code, plus removes the child-only qualifier for murder and rape.
- •A new register tracks all home-based care services so that police, child safety and education agencies can better monitor children in foster care, family day care and stand-alone careClause 60, s 357A–357IRegister contains identifying information about regulated persons and adult household members, accessible by QPS, DCSYW, DoE and OPG to identify risks to children.
- •People who have been refused a blue card can no longer use exemptions like volunteering as a parent to still work with childrenClause 17, s 176H–176JCreates 'restricted person' and 'restricted employment' concepts to prevent negative notice holders, suspended cardholders, and disqualified persons from relying on exemptions.
13/11/2018· Hon Y D'Ath MPWork & EmploymentJustice & RightsCommittee: pass (dissent)
32
Civil Liability (Institutional Child Abuse) Amendment Bill 2018
WithdrawnThis bill was withdrawn from consideration and will not become law.- •Institutions caring for children — schools, churches, sporting clubs, foster care — would face a legal duty to prevent abuse by anyone associated with themClause 3, s 49DCreates a non-delegable duty on institutions to ensure a relevant child does not suffer child abuse perpetrated by an official of the institution.
- •The definition of child abuse is broadened beyond sexual abuse to include serious physical abuse and connected abuseClause 3, s 49CChild abuse means sexual abuse, serious physical abuse, and any other abuse perpetrated in connection with sexual abuse or serious physical abuse.
- •Institutions would need to prove they took reasonable steps to prevent abuse, rather than survivors having to prove negligenceClause 3, s 49D(3)It is a defence if the defendant proves the institution took reasonable precautions, and exercised due diligence, to prevent the child abuse.
31/10/2018· Mr M Berkman MPJustice & RightsCommittee: not recommended
1
Working with Children Legislation (Indigenous Communities) Amendment Bill 2018
DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.- •People convicted of sexual offences would still have been completely excluded from the community assessment process — only non-sexual offences like stealing or drug offences could be consideredClause 7, s 231A(4)The division does not apply to a person convicted of a prescribed serious offence, which excludes offences against Criminal Code sections 409, 419, 427 and Drugs Misuse Act sections 5, 6, 8, 9D.
- •Community Justice Groups could only recommend a Blue Card if a majority of members were satisfied it would not harm the best interests of children in the communityClause 7, s 231C(2) and s 231E(2)The community justice group may make a recommendation only if a majority of the group's members are satisfied that issuing the notice would not harm the best interests of children in the community area.
- •If new concerning information emerged about a person, the Community Justice Group could revoke its recommendation and the restricted Blue Card would be cancelledClause 7, s 231GThe community justice group may revoke a recommendation if it was based on wrong or incomplete information, or if there has been a change in circumstances.
17/10/2018· Mr R Katter MPFirst NationsWork & EmploymentCommittee: not recommended
18
Protecting Queenslanders from Violent and Child Sex Offenders Amendment Bill 2018
Lapsed- •Repeat child sex offenders would face mandatory GPS tracking for life with no end pointClause 10, s 43AM(2)The repeat offender is subject to the monitoring device requirement of the indeterminate supervision order indefinitely.
- •Convicted repeat offenders would be banned from living within 1km of schools, parks, shopping centres, and other places where children regularly gatherClause 10, s 43AL(1)(b)(ii)Must not live within 1km of a place, where children are regularly present, published on the department's website.
- •These automatic restrictions would apply regardless of whether the offences were committed before or after the law commencedClause 12, s 69It does not matter whether any or all of the two or more serious sexual offences were committed, or the offender was convicted, before or after the commencement.
19/9/2018· Mr D Janetzki MPJustice & RightsSafety & EmergencyCommittee: not recommended
10
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018
Passed (amended)This bill became law after being modified during debate.- •People who experienced sexual abuse as children in Queensland Government institutions can apply for monetary redress of up to $150,000Schedule 1, Section 16The National Redress Act provides for a redress payment, counselling and psychological care, and a direct personal response.
- •The Queensland Government committed $500 million to fund redress payments to survivorsThe explanatory notes confirm the Queensland Government committed $500 million for providing redress payments.
- •The scheme is designed to run for 10 years from commencement, with reviews at the 2-year and 8-year marksSchedule 1, Sections 192-193The scheme ceases on the tenth anniversary of the scheme start day, with mandatory reviews at the second and eighth anniversaries.
- •The Queensland Government acts as funder of last resort for defunct institutions that can no longer pay their share of redress costsSchedule 1, Part 6-2Where a defunct non-government institution is equally responsible for abuse, the participating government institution covers the defunct institution's share.
12/6/2018· Hon D Farmer MPJustice & RightsCommittee: pass (dissent)
14
Police Powers and Responsibilities and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •Children under 13 who go missing are automatically classified as high-risk, triggering stronger police search powersClause 27 (new s 179C)A missing person under 13 years of age may be classified as a high-risk missing person.
- •Ten additional Commonwealth child sex offences now trigger reportable offender obligations in Queensland, improving monitoring of convicted offendersClause 4 (Schedule 1 amendment)Includes offences such as trafficking in children, sexual intercourse with young person outside Australia, and dealing in child abuse material through postal services.
- •Police can inspect electronic devices of offenders convicted of running or promoting child exploitation material websitesClause 19 (s 21B)Extends prescribed internet offences to include sections 228DA and 228DB of the Criminal Code.
12/6/2018· Hon M Ryan MPJustice & RightsSafety & EmergencyCommittee: pass
34
55th Parliament (2015–2017)34 bills
Civil Liability (Institutional Child Abuse) Amendment Bill 2017
Lapsed- •Institutions working with children would have a stronger legal incentive to prevent abuse by staff and volunteersClause 3 (new section 49D)Places a duty on institutions that provide activities, facilities, programs or services giving opportunity for contact with a child.
- •The duty would cover abuse by officials including employees, volunteers, contractors and religious personnelClause 3 (new section 49C definition of 'official')'Official' includes representatives, members, officers, employees, associates, contractors or volunteers of the institution or a related entity.
- •Past abuse would not be covered because the changes would only apply to future incidentsThe explanatory notes state the amendments apply prospectively not retrospectively.
10/10/2017· Mr R Pyne MPJustice & Rights
Child Protection Reform Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Children in foster care can get a more stable home through a new permanent care order that lasts until they turn 18Clause 33 (new s 61(g))Introduces a permanent care order granting long-term guardianship to a suitable person, other than a parent or the chief executive, nominated by the chief executive.
- •Children cannot be kept moving between short-term orders for more than two years unless a court finds it is in their best interestsClauses 34-35 (ss 62, 64)Limits the stated time for short-term custody or guardianship orders so the child is not in continuous care for more than two years from the first such order.
- •Young people leaving care get help with housing, study, work, legal advice and counselling up to age 25Clause 41 (new s 75)Requires the chief executive to ensure help is available from when the person turns 15 until they turn 25, including accommodation, employment, education and access to records.
- •Adults who grew up in care can request their own records, including information about siblings and carersClause 71 (new s 188C)Lets the chief executive disclose information to a relevant person about themselves even when it also relates to third parties, unless disclosure would harm someone's safety or wellbeing.
9/8/2017· Hon S Fentiman MPFirst NationsJustice & RightsCommittee: pass
Education (Overseas Students) Bill 2017
Lapsed- •Overseas and exchange students can have a provider's approval immediately suspended if there is an immediate risk to their safety, health or wellbeingClause 36Allows immediate suspension without a show-cause process, for up to six months, where there is an immediate risk to student safety, health or wellbeing.
- •Exchange organisations must follow guidelines on screening staff and host families, including blue card checks, before placing international studentsClause 93Guidelines must cover staff screening under the Working with Children (Risk Management and Screening) Act 2000 and expectations for selecting and screening host families.
- •Home education applications now need a proper summary of the educational program so the department can judge the quality of schooling the child will getClause 122Removes the option of applying with only a learning philosophy; an educational program summary is required.
8/8/2017· Hon K Jones MPEducationGovernment & ElectionsCommittee: pass
Working with Children Legislation (Indigenous Communities) Amendment Bill 2017
Lapsed- •Children in remote Indigenous communities would still be protected from people convicted of serious sexual offences or other disqualifying offencesNew section 231A(4)The division does not apply if the person has been convicted of a prescribed serious offence; only a narrow list of non-sexual offences can be reconsidered.
- •Community Justice Groups would have to be satisfied that issuing a card would not harm the best interests of children before recommending itNew sections 231C(2) and 231E(2)A majority of the group's members must be satisfied that issuing the notice would not harm the best interests of children in the community area.
- •A Community Justice Group could revoke its recommendation at any time if new information came to light, cancelling the blue cardNew section 231G
- •The existing state-wide blue card system would continue unchanged for everyone outside community area applications
14/6/2017· Mr R Katter MPFirst NationsWork & Employment
Healthy Futures Commission Queensland Bill 2017
Lapsed- •The new Commission's core focus is children and families adopting healthy lifestyles, not adults generallyClause 3The purpose of this Act is to establish the Commission to support the capacity of children and families to adopt a healthy lifestyle and contribute to reducing health inequity for children and families.
- •Projects funded will aim at early healthy-weight habits so children carry them into adolescence and adulthoodExplanatory notes state the Commission will set children up for healthier adolescence and adulthood by supporting healthy weight in early childhood.
- •Healthy eating and regular physical activity for children are explicitly listed as things the Commission must promoteClause 9(1)(a)
23/5/2017· Hon CR Dick MPHealthFirst Nations
Transport and Other Legislation Amendment Bill 2017
PassedThis bill became law.- •If you are 15, 16 or 17, you can get a state-issued photo identification card to prove your age and identity at banks and other institutionsClauses 4, 8, 10A photo identification card is issued under the Act and states a person is at least 15 years of age; eligibility requires residence in Queensland and age of at least 15.
- •The card previously called the 'adult proof of age card' is renamed the 'photo identification card', and existing cards automatically continue to workClauses 5, 38 (new s 52)An adult proof of age card in force immediately before the commencement continues in force as a photo identification card.
23/5/2017· Hon J Trad MPTransport & RoadsJustice & RightsGovernment & ElectionsCommittee: pass
Education (Accreditation of Non-State Schools) Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Compliance checks on new schools happen within six months of opening instead of a year later, improving oversight of student welfareClause 30The Board must start an assessment at least 60 days after, and within 6 months of, the student-intake day to check compliance with accreditation criteria including student welfare processes.
- •Every director of a school governing body must hold a current blue card or exemption, and the Board is told within 28 days whenever directors changeClauses 26 and 169A governing body is not suitable unless each director has a current positive notice or current positive exemption notice; governing bodies must notify within 28 days of a director commencing or ceasing.
- •Directors must tell the Board within 7 days if they are convicted of an indictable offence, with penalties of up to 20 penalty units for failing to discloseClause 172The director must, within 7 days after the conviction, give the board a notice stating details of the indictable offence. Maximum penalty - 20 penalty units.
- •People running an unaccredited school, or pretending a school is accredited when it isn't, can be prosecuted with fines of up to 100 penalty unitsClauses 74-76A person must not operate a school unless the school is accredited, and must not hold out a school as accredited if it is not. Maximum penalty - 100 penalty units.
9/5/2017· Hon K Jones MPEducationGovernment & ElectionsCommittee: pass
Court and Civil Legislation Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •The Public Guardian's protections for children in the child protection system now start as soon as a court application is filed and continue until the matter is resolvedClause 214Clarifies that the term 'relevant child' in section 52 applies from the time an application is filed with the Childrens Court and continues until arrangements are no longer in place.
- •A stepchild's right to claim from a deceased step-parent's estate is now more clearly defined for step-relationships that come from de facto (non-marriage) spousal relationshipsClause 247Amends section 40A of the Succession Act to clarify when a step-relationship ends for family provision applications in non-marriage spousal situations.
- •The term 'child abuse photograph' has been removed from classification laws because a single image is now covered by the broader definition of 'child abuse publication', simplifying the offences that protect childrenClauses 88-92Removes 'child abuse photograph' from multiple offences as the definition of 'publication' now includes single images.
23/3/2017· Hon Y D'Ath MPJustice & RightsGovernment & ElectionsCommittee: pass (dissent)
Child Protection and Education Legislation (Reporting of Abuse) Amendment Bill 2017
Lapsed- •Ministers of religion working with your child's school would have been legally required to report suspected sexual abuse to policeClause 3Adds ministers of religion who work for or are associated with a school to the mandatory reporting list in section 13E of the Child Protection Act 1999.
- •Children at both State and non-State schools would have gained an extra layer of protection from adults around themClauses 6-9Imposes reporting duties on religious representatives in relation to students at State schools (s365, s365A) and non-State schools (s366, s366A).
- •This bill lapsed when Parliament ended and did not become law, so these protections were not added at the timeThe bill was introduced by Mr R Pyne MP as a private member's bill and lapsed.
21/3/2017· Mr R Pyne MPJustice & RightsEducation
Victims of Crime Assistance and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •If a young person in detention has offended against you or a loved one, you can register to be told when they are released, transferred, unlawfully at large or when their detention period endsClause 98 (new ss 282A–282F)The chief executive must keep an eligible persons register for victims, immediate family of deceased victims, parents or guardians of victim children, and others whose safety could be endangered.
- •Assistance for people who were children when they suffered harm can be extended — the scheme manager can now allow funeral expense applications outside the usual three-year limitClause 45The scheme manager may extend the time for applying for funeral expense assistance having regard to the person's age at the time of death, impaired capacity, and the physical or psychological impact of the act of violence.
- •Cruelty to a child under 16 is now recognised as a Category C act of violence, so child victims qualify for a $2,000 special assistance paymentClause 95Inserts an offence described in the Criminal Code section 364 (cruelty to children) into the category C list of special assistance offences.
- •Sharing a detained young person's information outside the rules is a criminal offence with up to two years' imprisonment, to stop the register being misusedClause 98 (new s 282G)A person who receives detainee information must not disclose it other than as permitted; maximum penalty 100 penalty units or 2 years imprisonment.
1/12/2016· Hon Y D'Ath MPJustice & RightsHealthCommittee: pass
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Child witnesses can no longer be cross-examined in person by a self-represented offenderClause 36, section 77BPrevents a self-represented reportable offender or respondent from cross-examining a protected witness or someone who was under 16 when the alleged offence occurred.
- •Offenders must tell police the names of any children they travel with or expect to have contact with when leaving QueenslandClauses 13 and 16Sections 20 and 23 of the Child Protection (Offender Reporting) Act are amended to require details of any child the offender intends to travel or have reportable contact with.
- •Police can inspect offenders' phones and cloud storage for early warning signs of reoffending, such as visits to child-related websitesClause 42, section 21BAllows police to inspect any storage device in the possession of recently released offenders, offenders convicted of internet child sex offences, or offenders subject to a magistrate's order.
- •Community members who honestly report concerns about a child sex offender are protected from being sued or prosecutedClause 34, section 74JA person acting honestly who gives information under the Act is not liable civilly, criminally or under an administrative process, and has a defence of absolute privilege in any defamation claim.
29/11/2016· Hon M Ryan MPJustice & RightsTechnology & DigitalCommittee: pass
Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Bill 2016
PassedThis bill became law.- •17-year-olds get the protections of the youth justice system, including closed courts, diversion options and rehabilitation programsSentencing principles under the YJ Act focus on supporting the young person within the community wherever practicable and appropriate.
- •Young victims and offenders can access the restorative justice program that applies in the youth justice systemBringing 17-year-olds into the youth justice system will also allow them, and the victims of offences committed by them, to benefit from the reinstatement and expansion of the restorative justice program.
- •Queensland aligns with every other Australian state and territory, and with the UN Convention on the Rights of the Child, by treating people under 18 as children in the justice systemWith the exception of Queensland, all Australian states and territories include 17-year-olds in their youth justice systems.
- •Some people who lost driver eligibility for serious offences committed at 17 can apply for driver authorisation again, as the offence is reclassified as a lesser categorySchedule 1, Transport Operations (Passenger Transport) Act 1994A person previously ineligible for driver authorisation due to a Category A driver disqualifying offence committed at 17 may become eligible as it is reclassified as a Category B offence.
15/9/2016· Hon Y D'Ath MPJustice & Rights
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Adoption and Other Legislation Amendment Bill 2016
PassedThis bill became law.- •Same-sex couples, single people and people undergoing fertility treatment can now apply to adopt a child in QueenslandClause 13 (s 76)Broadens eligibility criteria to allow same-sex couples, single persons and persons undergoing fertility treatment to be entered and remain in the expression of interest register.
- •An adopted child's existing first name must be kept unless there are exceptional circumstances, like the name being culturally inappropriateClause 43 (s 215)A final adoption order must include an order that the child keep the child's existing first given name, unless the court is satisfied there are exceptional circumstances.
- •Children and their birth families can formally agree to face-to-face contact during the interim adoption period through an adoption planClause 33 (new s 169A)Provides for in-person contact between child and birth family while an interim order is in force, set out in an agreed adoption plan.
- •Step-parents must apply to the Childrens Court for a final adoption order within one year of getting their suitability reportClause 41 (s 204)The application must be made within 1 year after the day the suitability report was given to the step-parent.
14/9/2016· Hon S Fentiman MPJustice & RightsFirst Nations
12
Serious and Organised Crime Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •People who run websites that share child exploitation material, or who promote or teach others how to use them, face new offences carrying up to 14 years in jailNew sections 228DA, 228DB and 228DC of the Criminal CodeNew offences target persons who administer websites used to distribute child exploitation material, encourage or advertise such websites, and distribute information about how to avoid detection, each with a maximum penalty of 14 years imprisonment.
- •Filming or involving a child in child exploitation material now carries up to 20 years jail, or 25 years if the offender used the dark web or other anonymising toolsAmended Criminal Code sections 228A and 228BMaximum penalties for Involving child in making child exploitation material and Making child exploitation material increase from 14 to 20 years, with a new circumstance of aggravation of 25 years where a hidden network or anonymising service is used.
- •Police and the Crime and Corruption Commission can now order suspects to hand over passwords to their phones and computers, with a new five-year jail penalty for refusingAmendments to Police Powers and Responsibilities Act 2000 and Crime and Corruption Act 2001A new offence is created when a person contravenes an order about information necessary to access information stored electronically, with a maximum penalty of five years imprisonment.
13/9/2016· Hon Y D'Ath MPJustice & RightsSafety & Emergency
40
Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill
DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.- •Adults who were abused as children would have a clearer path to hold institutions to accountClause 9Removes the limitation period for actions relating to personal injury from child abuse, recognising that survivors often take decades to come forward.
- •Protections would cover sexual abuse, serious physical abuse, and abuse both inside and outside institutionsClause 7Defines child abuse broadly to include sexual abuse, serious physical abuse, and connected abuse, not limited to institutional settings.
- •Creating ongoing legal liability was intended to pressure institutions to invest in child safety and stop covering up abuseThe explanatory notes describe the bill as a deterrent pillar alongside employment screening, mandatory reporting and sentencing reforms.
18/8/2016· Mr R Pyne MPJustice & Rights
7
Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Past child sexual abuse in churches, schools, orphanages, sporting clubs and other institutions can now be pursued in civil court no matter how long ago it happenedClause 4 (new s 11A)Abolishes the statutory limitation period for personal injury resulting from sexual abuse when the person was a child and the abuse occurred in an institutional context.
- •Institutions are responsible for abuse that happened on their premises, during their activities, or by their staff and volunteers, even in settings they didn't directly controlClause 4 (new s 11A(2))Sexual abuse happens in an institutional context if it happens on the premises of an institution, in connection with its activities, or is engaged in by an official of the institution.
- •If the survivor has died, their estate or family can still bring or continue the claimClause 4 (new s 11A(4))Extends the abolition of the limitation period to surviving and wrongful death actions under the Civil Proceedings Act 2011 and Succession Act 1981.
- •Pre-court notice timeframes that might have blocked these claims are also removed for institutional child sexual abuse casesClause 24 (new PIP Act s 9(9C))The notice of claim timeframes in section 9(3), (5) and (6) do not apply to a claim based on sexual abuse in an institutional context when the person was a child.
16/8/2016· Hon A Palaszczuk MPJustice & RightsGovernment & ElectionsCommittee: pass (dissent)
27
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Children living with a victim can now be named and directly protected in a police protection noticeClause 19 (new s 101B)Section 101B allows an issuing police officer to name a child (including a child who usually lives with the aggrieved) in a notice to protect them from associated domestic violence or from being exposed to domestic violence.
- •Courts making a protection order must consider whether extra conditions are needed to protect children from being exposed to domestic violenceClause 7Section 57(1) amended to require courts to consider whether imposing any other condition is necessary or desirable to protect a named person who is a child from being exposed to domestic violence.
- •Where a protection order and a family law contact order conflict, the court must now consider varying or suspending the family law order in the child's interestsClause 11Section 78(1) requires courts to consider using their powers under the Family Law Act 1975 (Cth) to revive, vary, discharge or suspend a family law order that allows contact between a respondent and a child that may be restricted under the proposed DVO.
16/8/2016· Hon S Fentiman MPJustice & RightsSafety & EmergencyCommittee: pass (dissent)
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Health and Other Legislation Amendment Bill 2016
PassedThis bill became law.- •Your child's school will give their name, date of birth and your contact details to approved immunisation and dental providers so they can follow up about consent formsClause 36 (new section 213AD)The school principal must disclose requested student and parent information to a school health program provider within a reasonable period.
- •Principals can refuse to disclose information about vulnerable students, for example children under a protection orderClause 36 (new section 213AD(3))The school principal may refuse disclosure if they consider it is not in the best interests of the student.
- •Private providers engaged to run school immunisation or dental clinics must follow the same privacy rules as government agenciesClause 36 (new section 213AE)External school health program providers are taken to be bound contracted service providers under the Information Privacy Act 2009.
16/6/2016· Hon C R Dick MPJustice & RightsHealthCommittee: pass
18
Education and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Teachers posing an unacceptable risk to children can be suspended faster, with QCAT reviewing every decisionClauses 33, 36 (s 49, s 53)Lowers the suspension threshold from 'imminent risk of harm' to 'unacceptable risk of harm' and requires QCAT to review the continuation of every section 49 suspension.
- •Schools must tell the College whenever they start dealing with an allegation that a teacher has harmed a child, including when they refer it to policeClause 45 (s 76)Clarifies that the employing authority must notify the College when starting to deal with an allegation, including by investigating, inquiring into, examining, or referring to another entity.
- •The College can now access police evidentiary material about charges against teacher applicants, not just material from the DPPClause 20 (new s 15AA)Allows the College to request a written summary of evidentiary material from the Queensland Police Service about charges or convictions against applicants for registration or permission to teach.
24/5/2016· Hon K Jones MPEducationWork & EmploymentCommittee: pass
17
Public Safety Business Agency and Other Legislation Amendment Bill 2016
PassedThis bill became law.- •Blue Card Services, which screens people who work with children, moves from the PSBA to the Department of Justice and Attorney-GeneralClause 56Omits section 7 of the Working with Children (Risk Management and Screening) Act 2000, which required the Act to be administered in the PSBA, allowing the transfer to DJAG.
- •Pending blue card applications and notices carry over so people do not have to reapply because of the moveClause 57 (new s 548)Transitional provision treats undecided applications as made to the new chief executive and notices issued by the PSBA CEO as still in force.
24/5/2016· Hon B Byrne MPGovernment & ElectionsSafety & EmergencyCommittee: pass
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Youth Justice and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Young people get more chances to be diverted away from the formal court system through restorative justiceClause 16 (new Part 3)The object of the new Part 3 is to provide for the use of a restorative justice process for a child who commits an offence.
- •Courts must now consider sending a matter to restorative justice before sentencing a childClause 23 (new s 162)If a child enters a plea of guilty, the court must consider referring the offence to the chief executive for a restorative justice process instead of sentencing.
- •If a conference is not possible, a young person can still be offered an alternative diversion program such as education or family-focused activitiesClause 16 (new s 38)An alternative diversion program involves the child participating in remedial actions, activities to strengthen family and community relationships, or educational programs.
- •Children cannot be ordered to do more community work or other requirements under a conference than a court could impose in sentencingClause 16 (new s 36(3))The conference agreement may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court.
21/4/2016· Hon Y D'Ath MPJustice & RightsFirst Nations
Child Protection (Mandatory Reporting - Mason’s Law) Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Qualified child care and kindergarten staff must report suspected physical or sexual abuse to Child SafetyClause 4Inserts new paragraphs (f), (g) and (h) into section 13E(1) of the Child Protection Act 1999, making ECEC approved providers, supervisors and qualified staff mandatory reporters.
- •Children aged 0–5 in child care gain extra protection because the adults who see them daily must act on abuse concernsThe Queensland Law Reform Commission highlighted the 'critical protective role of the ECEC sector in relation to children aged 0–5 years, who are particularly vulnerable'.
- •Volunteers and unqualified staff are not covered — only educators with an approved Certificate III or higher qualificationClause 4(2)New section 13E(4) defines 'approved qualification' as an approved Certificate III level education and care qualification or higher.
- •The new duty starts on 1 January 2017 to give the sector time to be trained on how to identify and report abuseClause 2
17/3/2016· Ms T Davis MPEducationJustice & RightsCommittee: pass
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Director of Child Protection Litigation Bill 2016
Passed (amended)This bill became law after being modified during debate.- •An independent lawyer — not the child safety department — will now decide whether to take your family to court over a child protection orderClauses 9-10Only the Director can apply to the Childrens Court for a child protection order, and decides whether the evidence supports an application.
- •Child safety must refer cases to the Director with a brief of evidence setting out why a child needs protection and what order is soughtClauses 15-16The chief executive (child safety) must refer the matter and provide a brief of evidence and supporting documents.
- •For Aboriginal and Torres Strait Islander children, a recognised entity must get the chance to take part in significant decisions about the childClause 51Amends section 6 of the Child Protection Act 1999 so the Director must involve recognised entities in significant decisions about Aboriginal and Torres Strait Islander children.
- •After a child dies or is seriously injured, an independent panel can now review both the department's and the Director's handling of the caseClauses 68-79Expands chapter 7A of the Child Protection Act 1999 so Child Death Case Review Panels can review the Director's involvement.
16/2/2016· Hon Y D'Ath MPJustice & RightsCommittee: pass
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Child Protection Reform Amendment Bill 2016
PassedThis bill became law.- •Children get clearer legal representation in court, with both a direct lawyer following their instructions and a separate representative acting in their best interestsClauses 21, 24New section 110 sets out minimum duties for separate representatives: meet with the child, explain their role, help the child take part, and present their views and wishes.
- •Grandparents, foster carers and other significant people in a child's life can ask the court to take part in proceedings and be legally representedClause 25New section 113 allows the court to let non-parties participate to the extent it considers appropriate, with a right to legal representation.
- •Parents of a child under long-term guardianship (to someone other than the department) can request a case plan review once every 12 monthsClause 5Amended section 51VA lets a parent ask the chief executive to review the plan, with refusals reviewable by QCAT.
- •Attending a family group meeting or agreeing to a case plan cannot be used against a parent as an admission in courtClauses 7, 8New subsections in sections 51YA and 51YB protect participation while still allowing what a person actually says or does at the meeting to be admitted as evidence.
16/2/2016· Hon S Fentiman MPJustice & RightsCommittee: pass
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Criminal Law (Domestic Violence) Amendment Bill (No. 2) 2015
PassedThis bill became law.- •When children are sentenced in the Childrens Court, prosecutors and defence lawyers can now suggest what sentence or sentence range they consider appropriateClause 9Amends section 150 of the Youth Justice Act 1992 to allow the court to receive a sentencing submission from a party.
2/12/2015· Hon Y D'Ath MPJustice & RightsSafety & EmergencyCommittee: pass
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Youth Justice and Other Legislation Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Youth boot camps end as a sentencing option, following an evaluation that found the trial program was ineffective at reducing reoffendingClauses 20, 25, 31, 42, 49Omits boot camp (vehicle offences) orders, boot camp orders, and boot camp centre administration provisions from the Youth Justice Act.
- •If you were found guilty of an offence as a child but no conviction was recorded, that finding cannot be used against you later when you are sentenced as an adultClause 15Section 148 is amended so evidence of a childhood finding of guilt with no conviction recorded is not admissible against the adult.
- •Children or their parents who took part in the former boot camp program can still make complaints about how they were treatedClause 54 (new section 305B)The chief executive must issue instructions on how complaints can be made and dealt with, and a child is entitled to complain directly to a Child Advocacy Officer.
- •Former boot camp centre staff must report any harm or suspected harm to children from the program, or face a fine of up to 20 penalty unitsClause 54 (new section 305A)Creates an ongoing obligation on former boot camp centre employees to report harm to the chief executive, with a maximum penalty of 20 penalty units.
1/12/2015· Hon Y D'Ath MPJustice & Rights
Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015
PassedThis bill became law.- •Smoking is banned at and within five metres of all early childhood education and care facilities, including family day care homes while they are operatingClause 9 (new s 26VU)A person must not smoke at an early childhood education and care facility or on land within 5m beyond its boundary.
- •Smoking is banned within 10 metres of any part of a skate parkClause 13 (new s 26ZKC)A person must not smoke within 10m of any part of a skate park; maximum penalty 20 penalty units.
- •Smoking is banned at under-age sporting grounds, viewing areas and 10 metres beyond, during events, training and breaksClause 13 (new s 26ZKD)A person must not smoke at a sporting ground or viewing area for a water sport during an organised under-age sporting event or training session, or within 10m of those areas.
- •Tobacco cannot be sold from temporary stalls at youth festivals and events, limiting young people's exposure to tobacco marketingClause 5 (new s 13C)
10/11/2015· Hon CR Dick MPHealthSeniorsCommittee: pass
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Domestic and Family Violence Protection and Another Act Amendment Bill 2015
PassedThis bill became law.- •A parent and child who fear domestic violence are more likely to be able to stay in the family home, with the perpetrator ordered to leave insteadClauses 8 and 10Courts must consider ouster conditions excluding the respondent from the aggrieved's usual place of residence when making a domestic violence order.
- •Courts must consider making a temporary protection order for children or other people named when a hearing is adjourned, keeping them protected in the meantimeClauses 6 and 7 (new section 49)Where a cross or variation application is adjourned, the court must consider making a temporary protection order to protect the aggrieved or another person named in the application.
29/10/2015· Hon S Fentiman MPJustice & RightsSafety & EmergencyCommittee: pass
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Family Responsibilities Commission Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •If your child is convicted of an offence and either the child or you have lived in a welfare reform community, the Childrens Court must now notify the FRCClause 6, new s 43(1)(c)The trigger now activates if the court officer learns that the person (including a child) lives or has lived in a welfare reform community area.
- •The Commission can contact parents of children caught up in the justice system to offer case conferencing and service referralsClause 7
13/10/2015· Hon Pitt MPFirst NationsJustice & RightsCommittee: pass
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Mental Health Bill 2015
Passed (amended)This bill became law after being modified during debate.- •A child can only be given electroconvulsive therapy if the Mental Health Review Tribunal has approved it after considering evidence that the therapy works for children of that ageClauses 235, 507ECT on a minor requires tribunal approval; the tribunal must be satisfied evidence supports the effectiveness of the therapy for persons of the minor's age.
- •A child can only be detained in a high security mental health unit with the chief psychiatrist's approval, and the tribunal must review that detention within 7 days and then every 3 monthsClauses 70, 497Prior approval of the chief psychiatrist is required for transport of a minor to a high security unit, and the tribunal must review the minor's detention within 7 days of notification and at 3 monthly intervals.
- •At tribunal hearings involving a child, the tribunal must appoint a lawyer free of charge and the hearing is not open to the publicClauses 738, 739The tribunal must appoint a lawyer at no cost to the patient for hearings involving minors, and hearings in relation to minors are not to be open to the public.
17/9/2015· Hon CR Dick MPHealthJustice & Rights
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Criminal Law (Domestic Violence) Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Children exposed to domestic violence benefit from stronger deterrents against abusers and clearer records of abusive patternsClause 7
- •Child victims or witnesses of domestic violence can access special witness protections when giving evidence in courtClause 11Expands 'special witness' to include people against whom domestic violence has been or is alleged to have been committed.
15/9/2015· Hon Y D'Ath MPJustice & RightsSafety & EmergencyCommittee: pass
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Coroners (Domestic and Family Violence Death Review and Advisory Board) Amendment Bill 2015
PassedThis bill became law.- •The Queensland Family and Child Commission must share information with the Board when it relates to domestic and family violence deathsClause 5 (new s 91Y)Prescribed entities include the Queensland Family and Child Commission, and the board has a right to all information in their custody or control to perform its functions.
- •The Board's membership must reflect Queensland's diversity and include at least one Aboriginal or Torres Strait Islander memberClause 5 (new s 91L)The Minister must ensure the membership of the board reflects the diversity of the Queensland community and includes at least one member who is an Aboriginal or Torres Strait Islander.
15/9/2015· Hon Y D'Ath MPJustice & RightsSafety & EmergencyCommittee: pass
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Public Health (Childcare Vaccination) and Other Legislation Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Parents of children in approved childcare may have to produce an immunisation history statement on request or risk their child being excludedClause 5 (new ss 160B, 160C)Parents must provide an immunisation history statement within a reasonable period (at least four weeks for enrolled children) or the service can refuse enrolment, cancel it, or block attendance.
- •Services are encouraged to consider vulnerable children, including children of newly arrived families or those in remote Aboriginal and Torres Strait Islander communities, before excluding themIf the person in charge reasonably believes the child is vulnerable and exclusion is not in the child's best interests, they may waive the requirement.
- •Rules apply to long day care, family day care, kindergartens and outside school hours care, but not to nannies, babysitters or playgroupsThe amendments apply only to services approved under the Education and Care Services National Law (Queensland) and the Education and Care Services Act 2013.
- •Childcare staff and other children gain more protection from outbreaks of diseases like whooping cough, measles and chicken poxQueensland Health recorded over 6,500 notifications of vaccine-preventable conditions in children aged 0-4 between 2010 and 2014.
15/7/2015· Hon C R Dick MPHealthJustice & RightsCommittee: pass
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Tobacco and Other Smoking Products (Extension of Smoking Bans) Amendment Bill 2015
WithdrawnThis bill was withdrawn from consideration and will not become law.- •Smoking would be banned at skate parks and within 5 metres of them to protect young people from second-hand smokeClause 7 (new s 26ZKC)A person must not smoke at a skate park, with a maximum penalty of 20 penalty units; additional 5 metre buffer applies.
- •Tobacco companies would be stopped from selling cigarettes from pop-up stalls at festivals, concerts and sporting events where young people gatherClause 4 (new s 13D)A supplier must not sell smoking products from a pop-up store, with a maximum penalty of 40 penalty units.
14/7/2015· Mr M McArdle MPHealthCommittee: pass
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