Justice & Rights
Criminal law, human rights, police, courts, prisons
58th Parliament (2024–present)25 bills
Legal Profession (Strengthening Disciplinary Matters) Amendment Bill 2026
In CommitteeThis bill is being examined by a parliamentary committee before further debate.- •Complaints about Queensland lawyers will now be heard by the Supreme Court instead of QCAT, providing a higher-level forum for disciplinary mattersClause 39The Legal Services Commissioner may apply to the Supreme Court for an order against a legal practitioner, instead of applying to QCAT.
- •Lawyers who successfully defend some disciplinary charges will no longer be forced to pay the full costs of proceedingsClause 44Nothing in section 462(1) requires the disciplinary body to make an order requiring the person to pay costs for conduct that was not prescribed conduct.
- •If you appeal a decision about your practising certificate, your appeal goes to the Supreme Court with a fresh hearing, not limited to the original evidenceClause 52 (s 581PR)The appeal is by way of a fresh hearing unaffected by the decision. Fresh evidence may be given on the appeal.
- •Community members continue to have a voice in lawyer discipline through lay panel members who sit alongside the judgeClause 52 (s 581PG)The Supreme Court is to be helped by 2 panel members: 1 member of the lay panel and 1 member of the practitioner panel.
12/5/2026· Hon D Frecklington MP
Civil Liability (Holding Institutions Accountable for Child Abuse) Amendment Bill 2026
In CommitteeThis bill is being examined by a parliamentary committee before further debate.- •Survivors of institutional child abuse can now pursue vicarious liability claims against institutions even if their abuser was not a formal employeeClause 4 (new section 33IC)Declares an institution is not prevented from being held vicariously liable only because the person was in a relationship akin to employment rather than formal employment.
- •Previously settled claims can potentially be reopened if a court considers it just and reasonableClause 4 (new section 33IE)Applies to claims settled after 12 November 2024 but before commencement. The court may set aside the settlement agreement.
- •No limitation period applies to abuse claims under the expanded vicarious liability provisionsClause 4 (new section 33ID)Confirms the Limitation of Actions Act 1974, section 11A applies, allowing claims to be brought at any time.
22/4/2026· Hon M Scanlon MPChildren & Families
Summary Offences (Protection of the Australian Flag) Amendment Bill 2026
In CommitteeThis bill is being examined by a parliamentary committee before further debate.- •Burning an Australian flag in public could result in criminal charges if done in a way likely to provoke disorder, intimidate, or cause significant offenceClause 3 (new section 10H)Maximum penalty of 40 penalty units or 6 months imprisonment.
- •Filming the burning or publishing it on social media can be considered aggravating factors when assessing whether the offence is made outClause 3 (new section 10H(2))Non-exhaustive list of matters includes filming, publishing to social media, defacing the flag, or cooperating with another person doing these things.
- •The offence targets specific public acts of agitation and does not criminalise private conduct, flag possession, or general political expressionClause 3 (new section 10G)Objects clause makes clear the provision targets conduct used to provoke public disorder, intimidate persons, or cause significant offence.
22/4/2026· Mr R Katter MP
Transport and Other Legislation (Managing E-mobility Use and Protecting Our Communities) Amendment Bill 2026
Awaiting DebateThis bill has been introduced but the main debate (second reading) hasn't started yet.- •Random breath testing is now available for e-scooter and bicycle riders, with new low-range and mid-range drink-riding offencesClauses 35-36 (ss 79-80)Tiered drink-riding offences: low-range (over 0.05, max 20 PU), mid-range (over 0.10, max 28 PU), and high-range (under the influence, max 40 PU or 9 months).
- •Evading police on an e-scooter or e-bike now carries the same penalties as evading in a motor vehicle, including up to 5 years imprisonmentClause 11 (s 754)Extends the existing evasion offence to EPAC and PMD riders who fail to stop when given a lawful direction.
- •Filming, posting or promoting hooning behaviour on e-mobility devices is now a criminal offence carrying up to 1 year imprisonmentClauses 20-23 (ss 19AA-19D)Extends existing hooning-related offences in the Summary Offences Act to include EPACs and PMDs.
- •Unpaid fines for e-mobility and road safety offences can now be fully enforced against 16 and 17 year oldsClause 15 (s 5)Expands SPE Act to apply to 16-17 year olds for prescribed transport offences, enabling debt enforcement of unpaid fines.
25/3/2026· Hon B Mickelberg MPTransport & RoadsSafety & Emergency
Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2026
In CommitteeThis bill is being examined by a parliamentary committee before further debate.- •Homeowners and occupiers get broader legal protection when using force to defend their home or premises from intrudersClause 3, new s 267(1)It is lawful for the owner or occupier to use force if they reasonably believe it is necessary to prevent unlawful entry or continued presence.
- •Potentially lethal force is permitted against intruders in specific aggravated circumstances, such as night-time entry, armed intruders, or intruders acting in groupsClause 3, new s 267(2)(a)Lists five aggravated circumstances — night entry, actual violence, armed or pretending to be armed, in company, or damaging property — where force likely to cause death or grievous bodily harm is authorised.
- •The self-defence provision now covers all premises — not just houses — including vehicles, caravans, tents and cavesClause 3, new s 267(1)The defence applies to 'a dwelling or other premises', with 'premises' defined in Schedule 1 of the Criminal Code to include buildings, vehicles, caravans, tents and caves.
- •People helping a homeowner repel an intruder are also legally protected under the expanded defenceClause 3, new s 267(1)Protection extends to a person helping the owner or occupier or acting under the owner's or occupier's direction.
4/3/2026· Mr R Katter MPSafety & Emergency
Justice and Other Legislation Amendment Bill 2026
Awaiting DebateThis bill has been introduced but the main debate (second reading) hasn't started yet.- •People in civil disputes worth up to $1.5 million can now have their case heard in the District Court instead of the more costly Supreme CourtClause 62Increases the District Court's civil jurisdiction monetary limit from $750,000 to $1.5 million, commencing 1 January 2027.
- •The coronial system can now investigate deaths of people with disability receiving Commonwealth support, giving families more answers about what happenedClause 23Expands the definition of 'death in care' to include people receiving supports under the Disability Support for Older Australians Program.
- •Journalists can now access alleged offender information from police and court registrars, supporting open and transparent reporting of criminal proceedingsPart 21, Clause 107Creates a legislative basis for disclosing alleged offender information to accredited media entities when the QPS has already published a media release.
- •The Integrity Commissioner can now give verbal advice on minor ethics matters, making it quicker and easier for public officials to get guidanceClause 79Amends the Integrity Act 2009 to allow the Integrity Commissioner discretion to receive and respond to oral requests for advice.
4/3/2026· Hon D Frecklington MPSafety & EmergencyRegional Queensland
Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026
Passed (amended)This bill became law after being modified during debate.- •Youth offenders convicted of 12 additional serious offences now face the same maximum penalties as adults, including potential life detentionClause 56 (amending s 175A)New offences include riot causing grievous bodily harm, indecent treatment of children under 12, choking in a domestic setting, stalking, and assault occasioning bodily harm with a weapon or in company.
- •People caught with small amounts of drugs can receive an on-the-spot fine of around $500 instead of going through court proceedingsClause 24 (new s 378G-378H)Police can issue a penalty infringement notice of 3 penalty units ($500.07) for possession of a prescribed small quantity of a dangerous drug or controlled medicine.
- •Police can now ban both adults and children from designated precincts for up to a month, or three months with an extended noticeClause 29 (replacement s 602C)Police banning notices now apply to designated business and community precincts and can be issued to children, with a copy to be provided to a parent, guardian or child safety chief executive.
- •Anyone given a move-on direction by police must now provide their name and address, applying across all of QueenslandClause 18 (amending s 41)A new prescribed circumstance requires a person to state their correct name and address when a police officer is about to give, is giving, or has given a move-on direction.
3/3/2026· Hon L Gerber MPHealthSafety & Emergency
55
Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Bill 2026
Passed (amended)This bill became law after being modified during debate.- •Publicly displaying hate symbols of terrorist organisations or reciting prohibited expressions can now result in up to 2 years imprisonmentClauses 4-7Expands the prohibited symbols framework and creates a new offence for prohibited expressions, each carrying a maximum of 150 penalty units or 2 years imprisonment.
- •Intimidating or blocking people entering or leaving a place of worship is now a criminal offence carrying up to 3 years imprisonmentClause 8 (new s 206A)New section 206A criminalises conduct at or near a place of religious worship that intimidates, harasses, obstructs, hinders or prevents access.
- •Planning or preparing to commit serious violence is a new crime carrying up to 14 years imprisonment, even if no specific offence is decided onClause 13 (new s 540A)New section 540A prohibits acts done in preparation for, or planning, an offence likely to cause death or grievous bodily harm.
- •Police can now stop and search you without a warrant if they suspect you have committed a prohibited expressions offenceClauses 19-20Extends existing warrantless search powers for prohibited symbols to also cover the new prohibited expressions offence.
10/2/2026· Hon D Purdie MPSafety & EmergencyGovernment & ElectionsCommittee: pass (dissent)
54
Youth Justice (Electronic Monitoring) Amendment Bill 2025
PassedThis bill became law.- •Courts can now impose electronic monitoring on any child granted bail, not just those aged 15 and over charged with serious offencesClause 4(1)Removes requirements that the child be at least 15, charged with a prescribed indictable offence, and have prior offence history.
- •Electronic monitoring becomes a permanent bail condition option, ending the trial arrangement that was due to expireClause 4(4)Omits subsection 52AA(10) which contained the expiry provision.
- •Courts must still satisfy all existing bail safeguards and receive a suitability assessment report before imposing monitoringClause 4(1)New subsection 52AA(1) requires the court to have regard to the suitability assessment report and any other relevant matter, in addition to section 52A(2) requirements.
10/12/2025· Hon L Gerber MPChildren & FamiliesSafety & EmergencyCommittee: pass (dissent)
15
Health Legislation Amendment Bill (No. 3) 2025
PassedThis bill became law.- •Donor-conceived people retain strong rights to information about their genetic origins, with fertility clinics required to keep records for 99 years even if the clinic closes downClause 12 (amendment of section 36)Record keeping obligations continue to apply to a person who was an ART provider, ensuring records survive clinic closures.
- •People separated but not yet divorced will no longer face barriers to accessing IVF treatment because of estranged spouse provisions in the lawClauses 4 and 11 (amendments to sections 15 and 35)Counselling and information collection requirements exclude a spouse from whom the person is separated and living separately and apart.
14/10/2025· Hon T Nicholls MPHealthGovernment & Elections
10
Defamation and Other Legislation Amendment Bill 2025
Passed (amended)This bill became law after being modified during debate.- •People who report matters to police are now fully protected from defamation claims over what they say in their reportClause 8Extends the defence of absolute privilege to publications of defamatory matter to officials of Australian police forces or services while acting in an official capacity.
- •Courts can order social media platforms and other online services to remove defamatory content, even if the platform is not a party to the court caseClause 10 (new section 39A)Confers power on courts to make orders against non-party digital intermediaries to take access prevention steps in relation to defamatory digital matter.
- •Courts must consider privacy and domestic violence risks before ordering disclosure of anonymous online posters' identitiesClause 7 (new section 23A)Requires courts to consider the objects of the Act and privacy, safety or other public interest considerations before making preliminary discovery orders.
- •Digital intermediaries who qualify for civil defamation protections can also use those protections as a lawful excuse in criminal defamation proceedingsClause 20Amends section 365 of the Criminal Code so new civil exemptions and defences operate as lawful excuses for criminal defamation.
14/10/2025· Hon D Frecklington MPTechnology & DigitalCommittee: pass
19
Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Bill 2025
Passed (amended)This bill became law after being modified during debate.- •Landlords who knowingly allow illicit tobacco or vape sales on their premises face up to 1,000 penalty units, one year's imprisonment, or bothClause 26 (s 209CE)Creates a new criminal offence for relevant lessors who knowingly permit premises to be used for supply or possession of illicit tobacco or illicit nicotine products.
- •Company directors are personally liable for offences committed by their corporation unless they can prove they did not know or took all reasonable steps to prevent itClause 35 (s 230A)Reverses the evidential burden of proof so executive officers are deemed to have committed the offence unless they discharge the evidential burden.
- •Queensland Health can now run covert sting operations to catch shops selling illicit products, including through online platformsClause 22 (ss 208–208J)Controlled purchase officers may pose as customers under assumed names to make or attempt purchases of illicit tobacco and nicotine products.
- •Enforcement officers can seize legal tobacco stock alongside illicit products as 'compromised goods', which can then be forfeitedClauses 15–21 (ss 194A, 197, 198, 205BA)Compromised goods include legal smoking products, hookahs and hookah components found at premises where illicit products are seized.
16/9/2025· Hon T Nicholls MPHealthBusiness & EconomyCommittee: pass
43
Community Protection and Public Child Sex Offender Register (Daniel’s Law) Bill 2025
PassedThis bill became law.- •Intentionally intimidating or harassing a person identified through the register carries up to 10 years imprisonmentSection 74AJ(1) (Clause 8)Covers conduct intending to intimidate or harass, or inciting others to do so, including online harassment and vigilantism.
- •Sharing information obtained from the register without police approval carries up to 3 years imprisonmentSection 74AK (Clause 8)Prohibits displaying, distributing or publishing any identifying information from the register without the Police Commissioner's written approval.
- •Decisions by the Police Commissioner about what information to release are final and cannot be appealed except for jurisdictional errorSection 74AM (Clause 8)Relevant decisions are not subject to judicial review under the Judicial Review Act 1991 except for jurisdictional error in the Supreme Court.
- •The law includes an override declaration allowing it to operate despite being incompatible with human rights, expiring after five yearsSection 74AN (Clause 8)Declares the register provisions have effect despite being incompatible with the Human Rights Act 2019, with the override expiring 5 years after commencement.
27/8/2025· Hon D Purdie MPChildren & FamiliesSafety & EmergencyCommittee: pass (dissent)
25
Major Sports Facilities and Other Legislation Amendment Bill 2025
Passed (amended)This bill became law after being modified during debate.- •You can no longer be penalised for unknowingly buying a scalped ticket — the offence of purchasing unlawfully resold tickets is removedClause 30(3)Removes section 30C(2) of the MSF Act to remove potential deterrents to reporting unlawful ticket reselling.
- •Maximum penalties for ticket scalping at major events rise to 135 penalty units for individuals, bringing Queensland in line with other statesClauses 10-11Penalties aligned with commensurate maximum penalties in other Australian jurisdictions to strengthen disincentives for ticket scalping.
26/8/2025· Hon T Mander MPBusiness & EconomyRegional QueenslandCommittee: pass
11
Coroners (Mining and Resources Coroner) Amendment Bill 2025
PassedThis bill became law.- •A dedicated Mining and Resources Coroner is established as a specialist judicial officer for mining-related deathsClause 18Governor in Council may appoint a local coroner as the Mining and Resources Coroner after consulting the Chief Magistrate and State Coroner.
- •Families of deceased workers are guaranteed an investigation and inquest, with a dedicated liaison officer for supportClause 5Mining related reportable deaths must be investigated by the Mining and Resources Coroner with mandatory inquests.
- •Pre-inquest conferences can proceed while criminal proceedings are underway, helping avoid delaysClause 8New subsection 34(5) provides that section 34 applies despite section 29, allowing conferences during criminal proceedings.
12/6/2025· Hon D Frecklington MPWork & EmploymentRegional QueenslandCommittee: pass
21
Penalties and Sentences (Sexual Offences) and Other Legislation Amendment Bill 2025
PassedThis bill became law.- •Courts can no longer give sexual offenders lighter sentences just because they have a good reputation in the communityClause 12(3), new s 9(3A)-(3D)Good character based on character references, community standing, or community contributions can only mitigate a sentence for sexual offences if relevant to rehabilitation or reoffending risk.
- •Victim harm is now a formal purpose of sentencing, meaning courts must actively consider itClause 12(1), new s 9(1)(ca)Inserts recognition of the harm done by the offender to a victim of the offence as a sentencing purpose.
- •If no victim impact statement is provided, the court cannot assume the victim was not harmedClause 13, amended s 179K(5)The absence of a victim impact statement or other details of harm does not give rise to any inference that the offence caused little or no harm.
- •Anyone who falsely claims to be a government agency or to act on behalf of one faces up to three years in prisonClause 10, new s 97ANew misdemeanour offence for false representations in relation to government agencies, with a maximum penalty of three years imprisonment.
20/5/2025· Hon D Frecklington MPChildren & FamiliesSafety & EmergencyCommittee: pass (dissent)
43
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Passed (amended)This bill became law after being modified during debate.- •Police can now issue 12-month protection directions without going to court, giving victim-survivors faster long-term protectionClause 19, new section 100BPolice officer may issue a PPD if they reasonably believe domestic violence has been committed and the direction is necessary or desirable to protect the aggrieved.
- •If you are accused of DFV, you can seek a review of a police protection direction through the police commissioner or independently through the Magistrates CourtClause 19, new sections 100U and 100ZRespondent, aggrieved, authorised person, or named person may apply for police review within 28 days or court review at any time during the direction.
- •Courts can order high-risk DFV perpetrators to wear GPS monitoring devices as a pilot program with a 2-year sunset clauseClause 15, new section 66BCourt may impose a monitoring device condition on an adult respondent if satisfied the respondent has been convicted of or charged with a DFV offence or indictable violence offence.
- •Victim-survivors can now give video-recorded evidence at any Magistrates Court in Queensland, reducing the trauma of retelling their experience in courtClause 42, new section 103CVREC framework expanded from Ipswich, Southport and Coolangatta to all Magistrates Courts statewide for summary and committal proceedings.
30/4/2025· Hon A Camm MPSafety & EmergencyCommittee: pass (dissent)
49
Corrective Services (Parole Board) Amendment Bill 2025
Passed (amended)This bill became law after being modified during debate.- •The full Parole Board must now review all urgent parole decisions made by individual board members within 2 business days, closing a gap where some decisions went uncheckedClause 3 (new s 208C(1))Within 2 business days of a prescribed board member deciding whether or not to immediately suspend a parole order, the Board must review the decision and either confirm it, set it aside, or substitute its own decision.
- •A small number of parolees whose parole was suspended or cancelled after Board review since 3 July 2017 lose the right to challenge those decisions in court as unauthorisedClause 5 (new s 490ZP)The validating provision confirms that past Board decisions reviewing prescribed board member decisions are taken to have always been valid, removing grounds for judicial review under the Judicial Review Act 1991.
- •If the Board overturns a suspension decision, the prisoner must be released and is not treated as having been unlawfully at large during the suspension periodClause 3 (new s 208C(5)-(7))The suspension and any warrant stop having effect, the prisoner must be released, and the prisoner is taken not to have been unlawfully at large for the period between the original decision and the Board setting it aside.
3/4/2025· Hon L Gerber MPSafety & EmergencyCommittee: pass (dissent)
34
Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Bill 2025
Passed (amended)This bill became law after being modified during debate.- •Police can now scan you for knives at pubs, shops, public transport and sporting venues without needing prior approval from a senior officerClause 10 (new s 39BA)Enables police to use hand held scanners without warrant at licensed premises, public transport stations and vehicles, retail premises, safe night precincts, shopping centres and sporting or entertainment venues.
- •Jack's Law is now permanent — the sunset clause that would have ended these scanning powers in October 2026 has been removedClause 17Omits section 39L (Expiry of particular provisions) from the Police Powers and Responsibilities Act 2000.
- •Police no longer need to offer you a written notice explaining your rights when scanning you for knivesClause 15Removes the requirement for police to offer a hand held scanner information notice to individuals being scanned.
- •Queensland's terrorism preventative detention powers are extended by 15 years to December 2040Clause 25Amends section 83 of the Terrorism (Preventative Detention) Act 2005 to extend the expiry to 16 December 2040.
2/4/2025· Hon D Purdie MPSafety & EmergencyCommittee: pass (dissent)
50
Making Queensland Safer (Adult Crime, Adult Time) Amendment Bill 2025
PassedThis bill became law.- •Twenty additional serious offences — including rape, torture, kidnapping, arson, and drug trafficking — now carry adult penalties when committed by young offendersClause 5Inserts 20 new offences into section 175A of the Youth Justice Act 1992, expanding the Adult Crime, Adult Time sentencing scheme.
- •For the most serious offences, young offenders sentenced to life detention face a mandatory minimum 15-year non-parole period, the same as adultsClause 5Where a child is sentenced to life they will be liable to the same 15 year mandatory minimum non-parole period that applies to an adult.
- •Restorative justice sentencing orders are no longer available for these offences, though courts must still consider restorative justice conferencing before sentencingClause 5The court can no longer sentence the child to a restorative justice order under sections 175(1)(da) or (1)(db) as this sentencing order is not available for adults.
- •The Government acknowledges these changes are not compatible with the Human Rights Act 2019 and relies on an existing override declaration that expires after five yearsClause 5The statement of compatibility concludes that these amendments are not compatible with the human rights protected by the Human Rights Act 2019.
1/4/2025· Hon D Crisafulli MPChildren & FamiliesSafety & EmergencyCommittee: pass (dissent)
Youth Justice (Monitoring Devices) Amendment Bill 2025
PassedThis bill became law.- •Courts can continue ordering electronic monitoring devices for young repeat offenders on bail for another year, until 30 April 2026Clause 3Amends section 52AA(10) of the Youth Justice Act 1992 to extend the trial from 4 years to 5 years from commencement.
- •The government will complete a comprehensive review of whether electronic monitoring actually works before deciding the trial's futureA 2022 review found the trial failed to confirm overall effectiveness due to low participant numbers, prompting this extension for more data.
20/2/2025· Hon L Gerber MPChildren & FamiliesSafety & EmergencyCommittee: pass (dissent)
43
Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025
Passed (amended)This bill became law after being modified during debate.- •The anti-corruption watchdog can once again tell the public about corruption investigations after a court ruling took that power away in 2023Clause 14 (new s 64A)Creates explicit power for the CCC to report on particular corruption matters under s 64(1), with mandatory criteria to consider.
- •People named in CCC reports get at least 30 days to respond to adverse comments before publication, with the right to appeal to the Supreme Court for more timeClause 19 (new ss 69B-69C)Enhanced procedural fairness requires 30-day submission period, extensions of up to 60 days, and Supreme Court review if extensions are refused.
- •The CCC cannot find that a person is or is not corrupt, or recommend that someone be prosecuted, in public reports or statementsClause 7 (new s 48B)Despite any other law, the commission must not make any finding or statement that a person has or has not engaged in corruption.
- •Leaking draft CCC reports or related evidence now carries a penalty of up to 85 penalty units or 1 year's imprisonmentClause 24 (amended s 214)A person given restricted information under Division 4A must not disclose it to anyone else unless they have a reasonable excuse.
20/2/2025· Hon D Frecklington MPGovernment & ElectionsCommittee: pass
8
Trusts Bill 2025
Passed (amended)This bill became law after being modified during debate.- •Trust disputes can now be heard in the District Court instead of only the Supreme Court, making them cheaper and more accessibleClause 323Amends the District Court of Queensland Act 1967 to give the District Court jurisdiction over trust matters within its monetary limit.
- •Courts can disqualify a trustee who commits serious breaches from acting on any trust, not just the one where the breach occurredClause 168New power for the court to disqualify a person from being appointed as a trustee of any trust for a stated period.
- •People who lose out from a wrongful distribution of trust property can now pursue the recipient directly without first exhausting all claims against the trusteeClause 143The claimant is not required to exhaust all remedies against the trustee before starting a proceeding against a recipient.
- •Beneficiaries have a statutory right to inspect trust accounts and request copiesClause 65Trustees must make accounts available for inspection by a beneficiary within a reasonable period after the request is made.
18/2/2025· Hon D Frecklington MPBusiness & EconomyGovernment & ElectionsCommittee: pass
20
Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024
PassedThis bill became law.- •QCAT gains new jurisdiction to hear applications from disqualified health practitioners seeking permission to reapply for registrationClause 4 (amended section 94)QCAT's jurisdiction is expanded to hear reinstatement order applications under new section 198A of the National Law.
- •Taking reprisals against someone for reporting a health practitioner is now an offence carrying up to 375 penalty units or 2 years imprisonmentClause 11 (amended section 262)Maximum penalty for reprisal against a notifier increased to 375 penalty units or 2 years imprisonment for an individual, or 750 penalty units for a corporation.
12/12/2024· Hon T Nicholls MPHealthCommittee: pass
23
Making Queensland Safer Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Children convicted of serious offences like murder, robbery and burglary can now receive the same penalties as adults, including mandatory life detentionClause 19 (new section 175A)Courts may order detention for a period up to the maximum term of imprisonment that an adult convicted of the offence could be ordered to serve.
- •The principle that detention should only be a last resort for children has been removed from youth justice lawClauses 15 and 24Courts must not have regard to any principle that a detention order should only be imposed as a last resort or that a community sentence is preferable.
- •A child's criminal history now includes police cautions and restorative justice agreements, and these can be used when sentencing them as an adultClauses 39 and 48 (new sections 6 and 148AA)Childhood criminal history is admissible when sentencing an adult for an offence within a prescribed period of five years.
- •Victims and their relatives can now attend Childrens Court proceedings and the court can no longer exclude themClause 4Removes the court's power to make exclusion orders against victims, relatives of victims, their representatives and accredited media.
28/11/2024· Hon D Crisafulli MPChildren & FamiliesSafety & EmergencyCommittee: pass (dissent)
73
57th Parliament (2020–2024)77 bills
Health Practitioner Regulation National Law and Other Legislation Amendment Bill
Lapsed- •It is now an offence to threaten, intimidate, or take reprisals against someone who reports a health practitioner, with penalties up to $60,000 for individualsClause 22 (new section 237A) and Clause 10 (amended section 261)Maximum penalty for reprisal offences is $60,000 for an individual or $120,000 for a body corporate under the National Law; 375 penalty units or 2 years imprisonment under the Health Ombudsman Act.
- •QCAT gains jurisdiction to hear reinstatement applications from practitioners who were struck off, adding a judicial safeguard before they can seek re-registrationClause 4 (amended section 94)QCAT is given jurisdiction to hear applications by disqualified persons for reinstatement orders under new section 198A of the National Law.
- •Employers who enter non-disclosure agreements without clearly stating the person's right to report to regulators commit an offenceClause 12 (new section 263A(2))Maximum penalty of 30 penalty units for an individual or 60 penalty units for a corporation for failing to include the required statement in an NDA.
11/9/2024· Hon S Fentiman MPHealth
Crime and Corruption (Reporting) Amendment Bill 2024
Lapsed- •The CCC can now publicly report on corruption investigations, so Queenslanders can find out what happened when public officials are investigatedClause 10 (new s 63D)Authorises the CCC to prepare a report on a completed corruption investigation in performing its corruption functions.
- •People named in CCC reports get at least 30 days to respond before the report is published, plus a further 14-day periodClause 13 (new s 68E)The commission must give the investigated person a copy of the draft report and invite submissions within not less than 30 days.
- •Leaking a draft CCC report or proposed public statement is now an offence carrying up to 85 penalty units or 1 year's imprisonmentClause 18 (new ss 214A, 214B)A person given a draft report must not copy, publish or give it to anyone unless seeking legal advice or with a reasonable excuse.
- •QCAT must now be constituted by a Supreme Court judge when hearing corrupt conduct cases, ensuring more senior judicial oversightClause 19 (new s 219CA)QCAT must be constituted by a judicial member who is a Supreme Court judge or former Supreme Court judge nominated by the president of QCAT.
10/9/2024· Hon Y D'Ath MPGovernment & Elections
1
Disability Services (Restrictive Practices) and Other Legislation Amendment Bill 2024
Lapsed- •People with disability and their families can now challenge restrictive practice decisions at QCAT, with broad standing for advocates and interested personsClause 14, section 188The person, relevant persons, nominated advocates, the Public Guardian, and other interested persons can apply for merits review of Senior Practitioner decisions.
- •Children with disability have additional protections in QCAT proceedings, including private hearings and the right to a separate legal representativeClause 14, sections 188ZF and 188ZKChild proceedings are held in private, children cannot be compelled to give evidence, and the tribunal may appoint a separate representative to act in the child's best interests.
- •Adults with disability cannot be compelled to give evidence in QCAT proceedings and have the right to express their views on decisions affecting themClause 14, sections 188N and 188OThe tribunal must seek and take into account the views, wishes and preferences expressed by the adult with disability.
14/6/2024· Hon C Mullen MPHealthChildren & FamiliesCommittee: pass
Respect at Work and Other Matters Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Six new grounds of discrimination are now protected by law, including homelessness, physical appearance, and irrelevant criminal recordsClause 7Adds expunged conviction, homelessness, irrelevant criminal record, irrelevant medical record, physical appearance, and subjection to domestic or family violence as protected attributes.
- •Vilification protections now cover more groups and explicitly include social media and online hate speechClause 21Expands vilification to cover age, sex, impairment, and sex characteristics. Updates 'public act' to include social media and other electronic communication.
- •The Queensland Human Rights Commission gains new powers to investigate systemic discrimination and enforce employer complianceClause 39 (new Part 1A)QHRC can investigate compliance with the positive duty, issue compliance notices, accept enforceable undertakings, and investigate systemic sex-based contraventions.
- •Registered unions can now bring discrimination complaints on behalf of groups of affected workersClause 31 (new section 146)A registered employee organisation may make a representative complaint on behalf of a class of its members for work-related matters.
14/6/2024· Hon Y D'Ath MPWork & EmploymentCommittee: pass (dissent)
Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Penalties for supplying illicit tobacco have been dramatically increased from 300 penalty units to 2,000 penalty units or 2 years imprisonmentClause 17, s 161(1)Supply increased from 300 to 2,000 penalty units. Possession increased from 140 to 1,000 penalty units or 1 year's imprisonment.
- •Company directors and executives can now be held personally liable if their business supplies illicit products or sells smoking products to childrenClause 31, s 230AAn executive officer commits an offence if the corporation commits an offence against an executive liability provision and the officer did not take all reasonable steps to prevent it.
- •The District Court can grant injunctions to permanently stop recidivist suppliers from trading in illicit tobacco or vaping productsClause 27, ss 209D-209GThe chief executive may apply to the District Court for an injunction restraining a person from engaging in the supply of illicit tobacco or illicit nicotine products.
12/6/2024· Hon S Fentiman MPHealthChildren & FamiliesCommittee: pass
17
Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •People who committed offences as juveniles will no longer be automatically classified as having a 'serious' or 'disqualifying' offence for blue card purposesClauses 34-35, new sections 15(1A) and 16(1A)An offence is not a serious offence or disqualifying offence if the offence was committed, or is alleged to have been committed, by a person when the person was a child.
- •QCAT can now fully review blue card refusal decisions, not just decide whether there is an 'exceptional case'Clause 106, new section 353QCAT is empowered to review a decision of the chief executive to issue a negative notice or refuse to cancel a negative notice, and substitute it with its own decision.
- •Lawyers providing child-related services lose their blue card exemption and must now be screened like other workersClause 135Omits Schedule 1, section 28A which exempted Australian lawyers engaging in legal practice from requiring a blue card.
12/6/2024· Hon Y D'Ath MPChildren & FamiliesFirst NationsCommittee: pass
10
Child Safe Organisations Bill 2024
PassedThis bill became law.- •A new reportable conduct scheme provides independent oversight of how organisations respond to allegations of child abuse, with the Commission able to conduct its own investigationsChapter 3The Commission may investigate a reportable allegation or reportable conviction on its own initiative if it is in the public interest or the entity has failed to investigate properly.
- •Non-compliant organisations can face compliance notices, court-ordered civil penalties of up to 100 penalty units, enforceable undertakings, and public namingClauses 18, 21, 23, and 24The Commission has a graduated suite of enforcement powers from education and guidance through to court orders and publication of non-compliance.
- •Findings of reportable conduct against workers are shared with the Working with Children Check system to prevent them working with children elsewhereClause 51The commission must notify the chief executive (working with children) of findings of substantiated reportable conduct, including the worker's name and date of birth.
12/6/2024· Hon C Mullen MPChildren & FamiliesEducationCommittee: pass
11
Assisted Reproductive Technology Bill 2024
PassedThis bill became law.- •All donor-conceived people now have the legal right to know their genetic origins, regardless of when they were born or whether the donor consented to disclosurePart 3, Division 4The right of a donor-conceived person to know their genetic origin outweighs a donor's right to privacy. Historical donor anonymity is overridden retrospectively.
- •Donors cannot restrict who uses their donated gametes based on protected attributes like marital status, religion or ethnicityClause 18(3)The consent of the gamete provider cannot limit the use of the donated gamete or donated embryo on the basis of a protected attribute under the Anti-Discrimination Act 1991.
- •There are no eligibility criteria restricting who can access ART services — access is open to all regardless of relationship status, sexuality or genderPart 2, Division 2The Bill does not stipulate any eligibility criteria for people to be able to access ART. Access should be open, inclusive and respectful of individual choice.
22/5/2024· Hon S Fentiman MPHealthChildren & FamiliesCommittee: pass
10
Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Juries will hear expert evidence explaining why victims of sexual violence may delay reporting or behave in ways that seem counterintuitiveClause 33 (new s 103ZZGB)Allows expert evidence about the nature of sexual offences and social, psychological and cultural factors affecting victim behaviour.
- •Evidence of an offender's past behaviour patterns becomes easier to present in criminal trials, replacing Queensland's most restrictive approach in AustraliaClause 40 (new Part 7A)Replaces the Pfennig test with the NSW-style framework for tendency and coincidence evidence in all criminal proceedings.
- •Victims of sexual violence and domestic violence can give evidence from a separate room or behind a screen as a matter of course, not just on special applicationClause 18 (new s 21A(3))Introduces a presumption that the court must grant alternative arrangements for special witnesses in sexual offence and DFV proceedings.
- •Non-contact orders protecting victims from offenders can now last up to five years, up from two, with tougher penalties for breachesClauses 47-48Maximum duration extended from 2 to 5 years; breach penalty increased to 120 penalty units or 3 years imprisonment.
21/5/2024· Hon Y D'Ath MPChildren & FamiliesSafety & EmergencyCommittee: pass
Trusts Bill 2024
Lapsed- •Trust disputes involving smaller amounts can now be heard in the District Court instead of the Supreme Court, reducing legal costsClause 324Amends the District Court of Queensland Act 1967 to give the District Court jurisdiction for trust applications within its monetary limit.
- •Courts can now disqualify a person found to have breached their duties from acting as a trustee of any trustClause 173New power for the court to disqualify a person from being appointed as a trustee if they have committed breaches of trust making them unfit to act.
- •Trust beneficiaries no longer need to exhaust all claims against a trustee before pursuing someone who wrongly received trust propertyClause 148Removes the requirement to exhaust all remedies against the trustee before enforcing remedies against a recipient of a wrongful distribution.
- •Charitable trust trustees can apply to the Attorney-General instead of the Supreme Court to redirect funds when the original purpose can no longer be fulfilledPart 12, Division 3, Subdivision 3Enables the Attorney-General to approve cy pres schemes for charitable trusts where the trust property does not exceed the District Court's monetary limit.
21/5/2024· Hon Y D'Ath MPBusiness & EconomySeniorsCommittee: pass
Queensland Community Safety Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Higher penalties for dangerous driving causing death — up to 14 years, or 20 years if evading policeClause 13Amends Criminal Code s328A to increase maximum penalty from 10 to 14 years, and to 20 years where aggravating circumstances including evading police apply.
- •New offences for ramming emergency vehicles and driving at police officers, each carrying up to 14 years imprisonmentClause 14 (new ss 328C and 328D)Creates standalone Criminal Code offences for damaging an emergency vehicle when operating a motor vehicle and endangering a police officer when driving.
- •Posting videos glorifying crime on social media is now a criminal offence with up to 2 years imprisonmentClause 7 (new s 26B)New Summary Offences Act offence for publishing material depicting prescribed offences for the purpose of glorifying the conduct or increasing reputation.
- •Police can issue Firearm Prohibition Orders banning high-risk individuals from possessing any firearm, with warrantless search powers to enforce complianceClause 73 (new Part 5A, Weapons Act)Commissioner can issue 60-day FPOs; courts can issue orders up to 10 years for adults and 5 years for children. Breach carries up to 13 years imprisonment.
1/5/2024· Hon M Ryan MPSafety & EmergencyChildren & FamiliesCommittee: pass (dissent)
17
Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2024
Lapsed- •Homeowners and occupiers would have gained broader legal protection when using force against intruders, reducing the risk of prosecution for defending their homeClause 3, new s 267(1)It is lawful for an occupant to use force against an intruder if the person reasonably believes the force is necessary to prevent unlawful entry or remaining.
- •Lethal or grievous force would have been lawful in specific aggravating circumstances, such as night-time entry, intruders using violence, or intruders carrying weaponsClause 3, new s 267(2)(a)Force likely to cause death or grievous bodily harm is authorised where the intruder enters at night, uses or threatens violence, is armed, is in company, or damages property.
- •The defence extended to anyone helping the occupant or acting under their direction, not just the occupant aloneClause 3, new s 267(1)Covers 'a person who helps the occupant or acts under the occupant's direction'.
- •Alleged intruders would have faced reduced legal recourse if injured or killed during a break-in where aggravating circumstances were presentClause 3, new s 267(2)
1/5/2024· Mr N Dametto MPSafety & Emergency
1
Resources Safety and Health Legislation Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Companies that breach safety laws face a wider range of consequences including being ordered to publicise their wrongdoing or fund safety improvement projectsClauses 93, 135, 222, 255 (court orders divisions)Introduces adverse publicity orders, restoration orders, safety project orders, training orders and injunctions as sentencing options.
- •Enforceable undertakings give safety regulators an alternative to prosecution, allowing companies to commit to concrete safety improvementsClauses 91, 135, 220, 255 (enforceable undertakings)Enforceable undertakings are voluntary and not available for offences causing death or industrial manslaughter. Contravention carries a maximum penalty of 500 penalty units.
- •Petroleum and gas incident investigators can now compel people to answer questions, implementing a Coroner's recommendation after a workplace deathClauses 245-247Implements the Coroners Court recommendation from the inquest into the death of Gareth Leo Dodunski, with self-incrimination safeguards.
18/4/2024· Hon S Stewart MPWork & EmploymentCommittee: pass
15
Police Powers and Responsibilities and Other Legislation Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •If you are searched by police, you now have the right to express a preference about the gender of the person searching youClause 42 (new s 624A)The person to be searched must be given an explanation of the search process and a reasonable opportunity to express a preference about the gender of the person who is to conduct the search.
- •Crime victims face fewer parole hearings, with the Parole Board able to block reapplications for up to 5 years for life-sentenced prisonersClause 8 (amended s 193)The Board may direct a life sentenced prisoner to not reapply for parole for up to 5 years, a long-term prisoner for up to 3 years, and all other prisoners for up to 1 year.
- •Trans and gender diverse people have their identity formally recognised during police interactions including searches, inspections and forensic proceduresParts 2, 4, 7Replaces same-sex safeguards with same-gender safeguards and allows people to express a preference about the gender of the officer.
- •Video cameras must now be turned off during all police searches, removing the previous exception that allowed same-sex officers to view monitorsClauses 25 and 44Removes the exception where the person viewing the monitor is a police officer or authorised commission officer of the same sex as the person being searched.
21/3/2024· Hon N Boyd MPHealthSafety & EmergencyCommittee: pass
10
Victims' Commissioner and Sexual Violence Review Board Bill 2024
PassedThis bill became law.- •Victims of crime gain an independent Victims' Commissioner who can advocate for their rights and investigate systemic failures in the justice systemClause 9Functions include identifying systemic issues, conducting research, dealing with complaints about Charter breaches, and advising the Minister on improvements.
- •If a government agency or support service breaches your rights as a victim, you can now make a formal complaint to the Victims' CommissionerClause 45Affected victims can complain to the Commissioner or the relevant entity about conduct inconsistent with the Charter of Victims' Rights.
- •A new Sexual Violence Review Board will examine why sexual offence cases fall through the cracks and recommend improvements to investigation and prosecutionClause 62The Board's main function is to identify and review systemic issues in the reporting, investigation and prosecution of sexual offences.
- •Government agencies must now report publicly each year on how many complaints they receive about breaching victims' rightsClause 59Government entities must include in annual reports the number of complaints, which Charter rights were involved, and how each complaint was dealt with.
6/3/2024· Hon L Linard MPSafety & EmergencyCommittee: pass
Crime and Corruption and Other Legislation Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •The CCC must now get the Director of Public Prosecutions' advice before laying corruption charges, adding an independent check on prosecution decisionsClause 7 (new sections 49A–49G)Before reporting to a prosecuting authority, the CCC must seek the DPP's written advice on whether a person should be prosecuted for corruption offences arising from the investigation.
- •Journalists' confidential sources are now protected from being forcibly revealed in CCC investigations unless a Supreme Court judge orders it in the public interestClause 32 (new sections 205C–205D, 205ZF, 205ZS)A journalist or relevant person cannot be compelled to comply with a CCC requirement if doing so would disclose the identity of a confidential informant.
- •People subject to CCC investigations get clearer processes for claiming privilege, with defined timeframes and pathways for Supreme Court reviewClause 32 (new Chapter 4A)New Chapter 4A provides uniform processes for claims of reasonable excuse and privilege made outside and inside CCC hearings, with Supreme Court as the final arbiter.
- •CCC officers gain whistleblower protections when reporting suspected corruption within the commission itselfClause 50 (amendment to section 13, PID Act)Section 13 of the PID Act is amended so that for a public interest disclosure about a CCC officer, the CCC is treated as a unit of public administration.
15/2/2024· Hon Y D'Ath MPGovernment & ElectionsCommittee: pass (dissent)
15
Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Adults who engage in consensual sex work will no longer face criminal chargesClause 15Repeals Chapter 22A (Prostitution) of the Criminal Code, which contained offences criminalising most forms of sex work.
- •New offences target anyone who obtains commercial sexual services from a child, with penalties up to life imprisonment for children under 12Clause 13 (s 217A)Maximum penalty of 10 years imprisonment, 14 years if the child is under 16, and life imprisonment if the child is under 12.
- •Coercing someone into sex work is now explicitly criminalised with up to 14 years imprisonmentClause 14 (s 218)Amended to cover coercion in commercial sexual services, with defined examples including intimidation, threats, assault, and false representations.
- •Sex workers gain stronger protections against discrimination in housing and servicesClauses 4-6Replaces 'lawful sexual activity' with 'sex work activity' as a protected attribute and removes the exemption allowing accommodation providers to discriminate.
15/2/2024· Hon Y D'Ath MPWork & EmploymentHealthCommittee: pass (dissent)
19
Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024
Passed (amended)This bill became law after being modified during debate.- •Victims of crime can register more easily to receive information about offenders, including through referral by a support agency instead of applying themselvesClause 25 (new s 320)Enables registration via referral by a support entity or on the chief executive's own initiative, removing the onus from the victim.
- •Families of homicide victims, including through First Nations kinship, can now register for updates even after the offender finishes their sentence and returns to supervision for other offencesClause 25 (new s 323)Extends eligibility for registration against a homicide offender who is subject to community-based supervision for subsequent offending.
- •The Parole Board must now include at least one First Nations professional member and one community member with victims' expertiseClause 11 (s 221)Requires at least one professional board member who is an Aboriginal or Torres Strait Islander person and at least one community board member with expertise or experience relevant to victims of crime.
- •Decision makers can withhold sensitive intelligence and victim information from reasons given for corrective services decisions, and past decisions made on this basis are validatedClause 32 (new s 340AA) and Clause 34 (s 490ZI)Allows withholding information where disclosure could endanger a person's life, reveal a confidential source, or prejudice law enforcement investigations.
13/2/2024· Hon N Boyd MPSafety & EmergencyCommittee: pass (dissent)
13
Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024
PassedThis bill became law.- •Certificates and opinion evidence about environmental samples and emissions can now be used in civil proceedings, not just criminal casesClauses 41-43Extends sections 490, 491 and 491A evidentiary provisions to civil proceedings, making it easier to pursue environmental cases.
- •Courts can convict a person of causing environmental nuisance as an alternative if the charge of serious or material environmental harm is not provenClause 38 (new section 440A)Broadens conviction options to ensure proportionate penalties can still be imposed when a lesser offence is established.
13/2/2024· Hon L Linard MPEnvironmentBusiness & EconomyCommittee: pass (dissent)
13
Work Health and Safety and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •The most serious workplace safety offences can now be prosecuted based on negligence, not just recklessness, making it easier to hold duty holders accountableClause 16, section 31Negligence does not require proof that the offender had subjective awareness their conduct posed a substantial risk.
- •Workers and families have more time to request a prosecution after a serious workplace incident — extended from 12 months to 18 monthsClause 57, section 231(1B)Requests can also be made within 6 months of a coronial report or the end of a coronial inquiry.
- •Most workplace safety disputes can now go directly to the Queensland Industrial Relations Commission instead of requiring an inspector firstClause 38, new section 102AAParties can choose the dispute resolution pathway most suited to their circumstances.
30/11/2023· Hon G Grace MPWork & EmploymentCommittee: pass (dissent)
23
Health and Other Legislation Amendment Bill (No. 2) 2023
Passed (amended)This bill became law after being modified during debate.- •People facing criminal charges can have their Mental Health Court expert reports and transcripts considered by the criminal court for sentencing and fitness assessmentsClause 15 (s 157)Expert reports and transcripts are admissible at trial for the offence in relation to the reference, or any other offence, for purposes of soundness of mind, fitness for trial, or sentencing.
- •Mental Health Court expert reports can be accessed earlier to help plan a person's treatment and care before the hearingClause 17 (new s 160)Expert reports filed in the Mental Health Court Registry may be given to and used by a person with leave of the court, subject to conditions.
30/11/2023· Hon S Fentiman MPHealthRegional QueenslandCommittee: pass (dissent)
26
Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Selling a knife or other controlled item to someone under 18 is now a criminal offence with fines up to $65,016 for repeat offendersClause 6, s 19GMaximum penalty of 140 penalty units for first offence, 280 for second, 420 for third or later offence.
- •It is an offence for anyone under 18 to lie about their age to buy a knife or weapon, with a maximum fine of 25 penalty unitsClause 6, s 19NA person must not falsely represent themself to have attained 18 years for the purpose of being sold a controlled item.
- •Police can ask for proof of age and seize items from anyone they suspect is under 18 and has just been sold a controlled itemClause 4, s 43APolice officer may seize the thing if the person refuses or is unable to show acceptable evidence of age.
29/11/2023· Hon M Ryan MPSafety & EmergencyChildren & FamiliesCommittee: pass
33
Forensic Science Queensland Bill 2023
PassedThis bill became law.- •Forensic evidence used in criminal cases must now meet independent quality standards, reducing the risk of wrongful convictions or acquittalsClause 3The main purpose of the Act is to ensure high quality, reliable, independent and impartial forensic services for the administration of criminal justice in Queensland.
- •The Director of Forensic Science Queensland cannot be directed by the Attorney-General on forensic matters, protecting the independence of evidenceClause 19In performing the director's functions and exercising the director's powers, the director is not subject to direction by the Minister.
- •Victims of crime are guaranteed representation on the Advisory Council that oversees forensic service policiesClause 29The council must include at least one person who holds qualifications, or has experience, relating to supporting victims of crime.
- •Confidential forensic information is protected by law, with a maximum penalty of 200 penalty units for unauthorised disclosureClause 40A person who gains confidential information through involvement in the administration of the Act must not disclose or use the information except for approved purposes.
29/11/2023· Hon S Fentiman MPGovernment & ElectionsCommittee: pass (dissent)
17
Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023
PassedThis bill became law.- •People who believe they were wrongly convicted can now make subsequent appeals to the Court of Appeal if fresh evidence emerges, even years after their original appeal was decidedClause 14 (new section 671AC)Creates a right of subsequent appeal on the ground of fresh and compelling evidence or new and compelling evidence, with no limit on the number of subsequent appeals.
- •People acquitted of 10 serious offences including rape, manslaughter, and attempted murder can now be retried if fresh and compelling evidence comes to lightClause 30 (new section 678BA)Expands the fresh and compelling evidence double jeopardy exception from murder to 10 prescribed offences punishable by life imprisonment.
- •Both reforms apply retrospectively, so people convicted or acquitted before these changes took effect can still use or be subject to the new provisionsClause 35 (new section 764)A person may apply for leave to make a subsequent appeal whether their original appeal was determined before or after commencement.
- •Wrongful convictions caused by a lawyer's incompetence or the prosecution failing to disclose evidence can now be grounds for a fresh appealClause 14 (new section 671AB)Evidence is defined as fresh if it was not adduced at trial because of the incompetence or negligence of a lawyer, or because the prosecution failed to meet disclosure obligations.
29/11/2023· Hon Y D'Ath MPCommittee: pass
16
Agriculture and Fisheries and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Dog attack penalties now include imprisonment for the first time in Queensland — up to 2 years for failing to control a dog that causes death, up to 3 years for encouraging an attackClauses 25-26 (sections 193-195)Brings Queensland into line with NSW, SA, ACT, WA, Victoria and Tasmania which already include imprisonment for serious dog attacks.
- •QCAT appeals on dog destruction orders are now limited to questions of law, preventing lengthy re-trials of factual matters that can exceed 12 monthsClause 17 (section 190)Restricts appeals to QCAT Appeals jurisdiction to questions of law only, after the matter has already been through the original decision maker, internal review, and QCAT external review.
16/11/2023· Hon M Furner MPSafety & EmergencyEnvironmentRegional QueenslandBusiness & EconomyCommittee: pass
14
Casino Control and Other Legislation Amendment Bill 2023
PassedThis bill became law.- •Casino executives face personal penalties of up to 1,000 penalty units (about $154,800) if they fail to ensure lawful operations and a compliance cultureClause 59 (new section 91E)Officers of casino operators and their holding companies must take reasonable steps to ensure lawful operation, regular compliance reviews, and a corporate culture that does not tolerate non-compliance.
- •People banned from interstate casinos by police commissioners will be automatically excluded from all Queensland casinosClause 64 (new section 95)Casino operators must issue exclusion notices to persons subject to interstate police commissioner exclusions and notify the Queensland Police Commissioner within 14 days.
- •Penalties for over 60 casino offences have been significantly increased, with some rising tenfold to deter non-complianceVarious clauses (e.g. Clauses 29, 48, 77-80)For example, operating gaming equipment outside a casino increases from 200 to 1,000 penalty units; revenue offences from 200 to 400; forgery from 100 penalty units to 400 penalty units or 2 years imprisonment.
- •The regulator gains real-time, independent access to casino electronic systems to monitor complianceClause 56 (new section 90J)Casino operators must give the chief executive full real-time access to systems monitoring gambling conduct, financial operations, gaming equipment and player data.
25/10/2023· Hon Y D'Ath MPBusiness & EconomyHealthCommittee: pass
8
Information Privacy and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Public officers who snoop on your personal information in government computers face tougher penalties — up to 3 years imprisonment with no time limit on prosecutionClause 4 (amended section 408E)Increases the maximum penalty for computer misuse from 2 to 3 years and reclassifies it as a misdemeanour (indictable offence).
- •If mediation of your privacy complaint fails, you have 20 business days to ask for it to be referred to QCATSection 175ACreates a 20-business-day window for complainants to request QCAT referral after mediation is unsuccessful.
- •QCAT can now order compensation of up to $100,000 if an agency breaches your privacyClause 55 (amended section 178)QCAT may order the respondent to pay up to $100,000 to compensate for loss or damage including injury to feelings.
12/10/2023· Hon L Enoch MPTechnology & DigitalGovernment & ElectionsCommittee: pass
14
Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Coercive control — patterns of controlling, abusive behaviour in a domestic relationship — is now a criminal offence carrying up to 14 years imprisonmentClause 20 (new s 334C)Creates new Chapter 29A of the Criminal Code defining and criminalising coercive control including emotional, psychological, economic abuse and surveillance.
- •Consent to sexual activity now must be free and voluntary agreement — staying silent or not physically resisting does not count as consentClause 13 (new s 348, 348AA)Replaces the meaning of consent with an affirmative model and lists circumstances where consent does not exist, including stealthing.
- •Courts must now consider caregiving responsibilities, personal characteristics, history of victimisation, and for Aboriginal and Torres Strait Islander people, cultural factors and intergenerational trauma when sentencingClause 83 (amended s 9)Inserts new sentencing factors including hardship on dependants, offender characteristics, abuse history, and cultural considerations.
- •Sexual offence complainants are automatically protected from being publicly identified, with penalties of up to 2 years imprisonment or 1000 penalty units for corporations that breach the restrictionClause 69 (new s 103ZZN)Creates an offence to publish identifying matter in relation to a complainant of a sexual offence.
11/10/2023· Hon S Fentiman MPSafety & EmergencyChildren & FamiliesCommittee: pass
33
Victims of Crime Assistance and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Victims of violent crime can now receive up to $120,000 in financial assistance, up from $75,000Clause 6Amends section 38(1) of the Victims of Crime Assistance Act 2009 to increase the maximum from $75,000 to $120,000.
- •Special assistance payments increase across all severity categories, with the most serious (Category A) rising from $10,000 to $15,000Clause 14(3)-(6)Amends Schedule 2 to set new amounts: Category A $15,000, Category B $9,000, Category C $6,000, Category D $3,000.
- •The Queensland Sentencing Advisory Council must now include at least one member with lived experience as a crime victimClause 4Amends section 201 of the Penalties and Sentences Act 1992 to require at least one member with lived victim experience.
- •If you already had a pending application when the changes took effect, the higher amounts apply to your claimClause 13 (new section 222)Applications made but not decided before commencement are assessed under the new higher amounts.
10/10/2023· Hon M Ryan MPSafety & EmergencyCommittee: pass
22
Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Complaints about councillor conduct must now be lodged within one to two years, so older grievances can no longer be pursued indefinitelyClause 46 (new section 150SB)Complaints must be made within 1 year after the conduct occurred, or within 6 months of becoming aware but within 2 years, unless the conduct is suspected corrupt conduct.
- •People who repeatedly make frivolous or vexatious complaints about councillors can be declared vexatious complainants and barred for up to 4 yearsClause 67 (new section 150AWA)The Independent Assessor may declare a person vexatious if they have repeatedly made complaints and at least 3 have been dismissed as frivolous, vexatious, or made in bad faith.
- •Councillors who participate in decisions when they have a declarable conflict of interest now face misconduct charges, with a maximum penalty of 200 penalty units or 2 years imprisonment for dishonest conductClauses 14, 92 (new sections 177MA, 150EPA), Clause 43Contravention of the new requirement not to participate in decisions with a declarable conflict is misconduct and a relevant integrity provision under sections 198D/201D.
- •Councillor Conduct Tribunal decisions must now be published in full, giving communities greater insight into how misconduct cases are decidedClause 65 (amended section 150AS)The CCT must give a publication notice with its full decision and reasons, subject to redactions protecting complainant and other identities.
13/9/2023· Hon Dr S Miles MPGovernment & ElectionsCommittee: pass
31
Integrity and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •If you receive a public service delivered by a non-government organisation, you can now complain to the Ombudsman about how that service is administeredClause 49 (new section 12A)The Ombudsman's jurisdiction is expanded to investigate administrative actions by non-government entities performing functions on behalf of government agencies.
- •Government representatives must report unregistered lobbying to the Integrity CommissionerClause 36 (new section 66B)The responsible person for a representative must give notice to the integrity commissioner as soon as practicable after becoming aware of lobbying by an unregistered entity.
- •The Auditor-General must now audit trusts controlled by public sector entities, improving financial accountabilityClause 12 (new section 34A)Mandates the Auditor-General to audit trusts where public sector entities are trustees and hold at least 50% of the trust's assets.
16/6/2023· Hon A Palaszczuk MPGovernment & ElectionsCommittee: pass (dissent)
13
Tow Truck Bill 2023
PassedThis bill became law.- •Tow truck industry workers face tougher penalties for dishonesty, coercion and disclosing motorists' personal informationClauses 63, 80 and 81Disclosing sensitive information carries up to 100 penalty units. Dishonesty, coercion and false information offences carry up to 60 penalty units.
- •Accreditation decisions can be challenged through internal review and then at QCATClauses 124-125Persons affected by accreditation decisions may apply for internal review by the chief executive and, if dissatisfied, apply to QCAT for external review.
13/6/2023· Hon M Bailey MPTransport & RoadsBusiness & EconomyCommittee: pass
23
Justice and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Families who lose an unborn child through a criminal act are now formally recognised as victims, with access to up to $8,000 in funeral expense assistancePart 34, Clause 234-237Expands the definition of victim under the Victims of Crime Assistance Act 2009 to include family members of an unborn child and provides up to $8,000 funeral expense assistance.
- •Courts must treat the destruction of an unborn child's life as an aggravating factor when sentencing for serious offences against a pregnant personPart 25, Clause 165New subsection 9(9C) of the Penalties and Sentences Act 1992 requires courts to treat destruction of unborn child's life as aggravating unless exceptional circumstances exist.
- •Sexual offence defendants can now be publicly identified before their committal hearing, which may encourage other victim-survivors to come forwardPart 9, Clause 53Removes pre-committal suppression of defendants' identities for prescribed sexual offences, with new non-publication order process available.
- •JPs and Commissioners for Declarations face stronger accountability through a code of conduct, criminal history monitoring, and formal investigation processesPart 14, Clauses 96-97Introduces Part 3A with suspension, investigation, and show cause processes, plus continuous criminal history monitoring by QPS.
25/5/2023· Hon Y D'Ath MPGovernment & ElectionsSafety & EmergencyCommittee: pass
33
Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023
PassedThis bill became law.- •Using the title 'surgeon' without specialist qualifications is now a criminal offence carrying up to $60,000 in fines or 3 years imprisonmentClause 4 (s 115A(1))The offences are indictable misdemeanours with maximum penalties of $60,000 or 3 years imprisonment or both for individuals, and $120,000 for body corporates.
- •Existing tribunal bans on health practitioners providing services are now enforceable in the same way as prohibition ordersClause 6 (new Part 15, s 326)Transitional provision ensures sections 196A, 222, 223 and 227 apply to restriction orders made under s 196(4)(c), even if issued before commencement.
20/4/2023· Hon Y D'Ath MPHealthCommittee: pass
17
Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Hate-motivated assaults, threats and stalking now carry significantly higher maximum penaltiesClauses 13-20, 29-30New circumstance of aggravation applies to eight Criminal Code offences and two Summary Offences Act offences when motivated by hatred based on race, religion, sexuality, sex characteristics or gender identity.
- •It is now a crime to publicly display, distribute or publish banned hate symbols such as Nazi imageryClause 12 (new s 52D)Maximum penalty of 70 penalty units or 6 months imprisonment. Reasonable excuses apply for artistic, religious, educational, historical and public interest purposes.
- •Serious vilification offences are now easier to prosecute without needing Crown Law Officer approval firstClause 7Removes the requirement for a Crown Law Officer's written consent before commencing a prosecution under section 131A.
- •The maximum penalty for serious vilification has increased from 6 months to 3 years imprisonmentClause 7The offence is relocated from the Anti-Discrimination Act 1991 to the Criminal Code with the increased penalty.
29/3/2023· Hon S Fentiman MPSafety & EmergencyCommittee: pass
31
Property Law Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Queensland's property law framework is comprehensively modernised for the first time in nearly 50 years, with outdated provisions repealed and plain English drafting adoptedClause 237 (repeal of PLA 1974)The Property Law Act 1974, which commenced in 1975 and has not been substantially amended since, is repealed and replaced.
- •The limitation period for legal claims under deeds is halved from 12 years to 6 years, matching the period for contractsClause 285 (amending Limitation of Actions Act 1974)Reduces the limitation period for a deed entered into after commencement from 12 years to 6 years.
23/2/2023· Hon S Fentiman MPHousing & RentingBusiness & EconomyCommittee: pass
35
Path to Treaty Bill 2023
Passed (amended)This bill became law after being modified during debate.- •The Inquiry can compel Queensland Government agencies to hand over documents about the history of colonisation, but cannot force individuals to participateClauses 80-83Government entities must comply with production notices unless exemptions apply (e.g. legal privilege, personal information, commercial-in-confidence).
- •People appearing at truth-telling sessions and hearings receive the same legal protections as witnesses in the Supreme CourtClause 77Members of the Inquiry have the same immunity as a Supreme Court judge; lawyers and witnesses also receive equivalent protections.
- •The Preamble formally recognises that colonisation occurred without consent and that Aboriginal and Torres Strait Islander peoples assert they have never ceded sovereigntyPreamble, items 3-4
22/2/2023· Hon A Palaszczuk MPFirst NationsGovernment & ElectionsCommittee: pass
66
Strengthening Community Safety Bill 2023
Passed (amended)This bill became law after being modified during debate.- •Maximum penalty for stealing a car increases from 7 to 10 years, and up to 14 years if violence, weapons, or property damage are involvedClause 8Amends section 408A of the Criminal Code to increase penalties and introduce new circumstances of aggravation.
- •Posting car theft videos on social media becomes a specific aggravated offence carrying up to 12 years imprisonmentClause 8(3), new s 408A(1B)Publishing material on a social media platform to advertise involvement in unlawful use of a motor vehicle.
- •Courts can declare young offenders 'serious repeat offenders', making community protection the primary sentencing considerationClause 21, new s 150AApplies where the child has previously received a detention order for a prescribed indictable offence and there is a high probability of further offending.
- •Children can now be charged with a criminal offence for breaching bail conditions, with a maximum penalty of 2 years imprisonmentClause 5Removes the restriction in section 29 of the Bail Act that prevented breach of bail from applying to children.
21/2/2023· Hon M Ryan MPChildren & FamiliesSafety & EmergencyCommittee: pass
47
Police Powers and Responsibilities and Other Legislation Amendment Bill 2023
PassedThis bill became law.- •People caught with small amounts of any drug for personal use can now be diverted to health services instead of being charged and taken to courtPart 5, Division 3 (Clause 22, new ss 378A-379AB)Expands the Police Drug Diversion Program from cannabis-only to all dangerous drugs and S4/S8 medicines in prescribed quantities.
- •Drug traffickers now face a maximum penalty of life imprisonment, up from 25 yearsClause 4Amends section 5 of the Drugs Misuse Act 1986 to increase the maximum penalty from 25 years imprisonment to life imprisonment.
- •Drivers who evade police in aggravating circumstances face up to 5 years imprisonment, up from 3 yearsClause 15Introduces circumstances of aggravation for the evasion offence including nighttime offending, violence, weapons, being in company, property damage, or prior convictions.
- •Children caught with small amounts of drugs can be cautioned or diverted instead of prosecuted, with drug matter automatically destroyedClauses 32 and 24Amends the Youth Justice Act 1992 to add drug diversion warnings and assessment programs to the alternatives police must consider before proceeding against a child.
21/2/2023· Hon M Ryan MPHealthSafety & EmergencyCommittee: pass
7
Births, Deaths and Marriages Registration Bill 2022
PassedThis bill became law.- •Trans and gender diverse people can update the sex on their birth certificate without surgery, using a statutory declaration insteadPart 5, Clause 39A person aged 16 or more may apply to alter their record of sex by nominating a sex descriptor and providing a declaration verified by statutory declaration that they identify as, and live or seek to live as, a person of that sex.
- •Intersex Queenslanders gain new legal protections against discrimination and vilification based on their sex characteristicsClauses 152, 154-155Inserts 'sex characteristics' as a new protected attribute in the Anti-Discrimination Act 1991, covering physical features related to sex including genitalia, chromosomes, genes, hormones and secondary features.
- •It is no longer lawful to discriminate against someone in working with children based on their gender identity or lawful sexual activityClause 153Omits section 28 of the Anti-Discrimination Act 1991 which provided an exception allowing discrimination in work involving the care or instruction of minors.
- •Queenslanders born interstate or overseas can get a recognised details certificate acknowledging their name and sex after living in Queensland for 12 monthsPart 5, Division 3, Clause 50Creates a pathway for Queensland residents born elsewhere to obtain a recognised details certificate, with the same self-declaration requirements as for those born in Queensland.
2/12/2022· Hon S Fentiman MPChildren & FamiliesCommittee: pass
35
Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022
Passed (amended)This bill became law after being modified during debate.- •People held in Queensland prisons, youth detention centres, police watch-houses, and court cells will be subject to independent UN inspections of their treatment and conditionsClause 4Defines places of detention to include prisons, work camps, community corrections centres, youth detention centres, watch-houses, holding cells, court cells, and transport vehicles.
- •Anyone who punishes a detained person or staff member for speaking to UN inspectors faces a fine of up to 100 penalty unitsClause 20Makes it an offence to take a reprisal against a person who provides information or assistance to the subcommittee.
- •Detained people can be privately interviewed by UN inspectors with a support person present if they chooseClauses 16-18The subcommittee may interview any person at a place of detention with consent, in private, with an interpreter and support person if requested.
- •Ministers can only block an inspection visit for urgent reasons like a natural disaster or serious disorder at the facilityClause 9Grounds for objection are limited to national defence, public safety, natural disaster, or serious disorder in the place of detention.
1/12/2022· Hon S Fentiman MPHealthCommittee: pass
19
Police Powers and Responsibilities (Jack’s Law) Amendment Bill 2022
PassedThis bill became law.- •Police can stop and scan you for concealed knives without a warrant in safe night precincts and at public transport stationsClause 4, sections 39E and 39FA police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place in the safe night precinct or at a public transport station.
- •If a scanner detects metal, police can require you to produce the item and be rescanned — refusal may lead to a warrantless searchClause 4, section 39GIf the hand held scanner indicates that metal is, or is likely to be, present, the police officer may require the person to produce the thing and to resubmit to the use of a hand held scanner.
- •Scanning powers have built-in safeguards — officers must use the least invasive approach, identify themselves, and offer you an information noticeClause 4, section 39HThe police officer must exercise the power in the least invasive way practicable and, if reasonably practicable, be of the same sex as the person.
- •All scanning provisions automatically expire on 30 April 2025 unless Parliament acts to renew themClause 4, section 39L
30/11/2022· Hon M Ryan MPSafety & EmergencyTransport & RoadsCommittee: pass
7
Police Powers and Responsibilities and Other Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •Child sex offenders face doubled reporting periods of 10 and 20 years instead of the previous 5 and 10 yearsClause 14 (new sections 37-38)Reporting periods increase from 5/10/life to 10/20/life years for offences committed after commencement.
- •Police can now use covert surveillance and controlled operations to monitor child sex offenders who breach their reporting conditionsClause 30Adds CPOROPO Act offences (ss 50, 67FA, 67FD) to PPRA Schedule 2 for controlled operations and surveillance device warrants.
- •Civilians who assist police in short-term undercover operations receive legal protection from criminal and civil liabilityClause 27 (new section 225A)Civilian participants do not incur liability for acts done in honest belief they were authorised and in accordance with police instructions.
30/11/2022· Hon M Ryan MPSafety & EmergencyTechnology & DigitalCommittee: pass
20
Corrective Services (Emerging Technologies and Security) and Other Legislation Amendment Bill 2022
PassedThis bill became law.- •Prisoners entering restricted areas like rooftops now face up to 2 years imprisonment as a specific criminal offenceClause 14 (new s 124(1)(l))Creates a new offence for prisoners being in a restricted area of a corrective services facility without reasonable excuse.
- •The prisoner security classification system is simplified to 'high' and 'low' levels with risk sub-categories, replacing the old three-tier systemClause 4 (s 12)Removes 'maximum' as a classification level and requires high-security prisoners to be detained in secure facilities.
- •Prisoners on remand can no longer apply for exceptional circumstances paroleClause 22 (new s 176C)Clarifies that a prisoner detained on remand for an offence may not apply for exceptional circumstances parole.
- •Families can now be told general information about a prisoner's condition, such as whether they are in hospitalClause 32 (new s 341(3)(h))Allows confidential information about a prisoner's condition to be communicated in general terms.
29/11/2022· Hon M Ryan MPSafety & EmergencyTechnology & DigitalCommittee: pass
10
Police Service Administration and Other Legislation Amendment Bill (No. 2) 2022
PassedThis bill became law.- •Police officers sentenced to imprisonment, including suspended sentences, are now automatically dismissed from the QPSClause 39 (new s 8.6)Dismissal applies despite any other provision of the PSAA or another Act and is not administratively reviewable.
- •Anyone who misuses confidential police information — including contractors and subcontractors — faces up to 100 penalty units or 2 years imprisonmentClause 43 (new s 10.1)Expands the offence to cover all persons who access QPS information through performing functions for the service or being provided access under any Act.
- •Police discipline proceedings can now be delayed until related domestic violence protection order applications are resolvedClause 54A disciplinary proceeding must start within 1 year from the ground for action arising or 6 months from when the DV protection order application is finalised.
- •The outdated offence of 'harbouring' an on-duty police officer has been removed — community members can no longer be penalised for a police officer's behaviourClause 49Omits the offence that punished members of the community for the indolence of officers rather than holding officers accountable.
27/10/2022· Hon M Ryan MPSafety & EmergencyGovernment & ElectionsCommittee: pass
11
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.- •Police gain express power to enter a convicted child sex offender's residence specifically to inspect their digital devicesClause 49 (s 21A PPRA)Amends s 21A of the PPRA to provide an express entry power for police conducting device inspections under s 21B.
- •Refusing to hand over digital devices for inspection is a new criminal offence carrying up to 5 years imprisonmentClause 50 (new s 21D PPRA)New s 21D creates an offence for contravening a requirement to produce digital devices, with a maximum penalty of 300 penalty units or 5 years imprisonment.
- •Self-incrimination is not a valid excuse for refusing to produce devices for inspectionClause 50 (s 21D(2) PPRA)It is not a reasonable excuse that complying with the requirement would tend to incriminate the person.
- •The expanded list of device inspection offences applies retrospectively to offenders already on the registerClause 50 (s 21B(5)(b) and (d) PPRA)New offences prescribed under s 21B(5)(b) and (d) operate retrospectively to capture current reportable offenders convicted of these offences.
26/10/2022· Hon M Ryan MPChildren & FamiliesSafety & EmergencyCommittee: pass
27
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.- •Coercive control is now explicitly recognised as domestic violence, meaning courts must consider patterns of controlling behaviour rather than just individual incidentsClause 31Amends section 8 of the DFVP Act to include 'pattern of behaviour' in the definition of domestic violence, which may occur over a period of time and must be considered in the context of the relationship as a whole.
- •Stalking laws now cover electronic surveillance, tracking, online harassment, and doxing, with higher penalties in domestic relationshipsClauses 19-23Expands unlawful stalking to include monitoring via tracking devices, reading messages, checking browser history, and publishing personal information online. New aggravated penalty of 7 years imprisonment where a domestic relationship exists.
- •Perpetrators can no longer weaponise cross applications to get domestic violence orders made against their victimsClauses 34, 39Courts must identify the person most in need of protection and generally only make one order, unless there are exceptional circumstances with clear evidence both parties need protection.
- •If you committed an offence because of domestic violence you experienced, the court must now treat that as a mitigating factor at sentencingClause 80Courts must treat the effect of domestic violence on the offender, and the extent to which the offence is attributable to it, as a mitigating factor unless exceptional circumstances apply.
14/10/2022· Hon S Fentiman MPChildren & FamiliesSafety & EmergencyCommittee: pass
48
Integrity and Other Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •Unregistered lobbyists now face criminal penalties of up to 200 penalty units for lobbying government on behalf of clientsClause 51New section 71A creates offence for unregistered lobbyists carrying out lobbying activities or holding themselves out as registered.
- •Former Auditors-General are banned from working in the public sector for two years after leaving office to prevent conflicts of interestClause 10New section 19A restricts employment in a public sector entity for 2 years after a person stops holding office as Auditor-General.
14/10/2022· Hon A Palaszczuk MPGovernment & ElectionsCommittee: pass
28
Environmental Protection and Other Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •Environmental inspectors can now use body-worn cameras and drones when investigating potential offencesClauses 98 and 102Authorised persons are explicitly empowered to use body-worn cameras and unmanned aerial vehicles when exercising entry and investigation powers.
- •Courts can order persistent environmental offenders to stop carrying out particular activities altogetherClause 108 (new s 506A)Applies to persons convicted of a serious environmental offence (maximum penalty 1,500+ penalty units) at least 3 times in 5 years.
- •Corporations must nominate someone to answer questions when investigated for environmental offencesClause 99Authorised persons can require a corporation to nominate an executive officer or employee to answer questions, and those answers bind the corporation.
12/10/2022· Hon M Scanlon MPEnvironmentBusiness & EconomyCommittee: pass
25
Public Health and Other Legislation (COVID-19 Management) Amendment Bill 2022
PassedThis bill became law.- •Every COVID-19 direction had to be tabled in Parliament within 21 days and could be overturned by MPsClause 9, s 142LA public health direction must be tabled in the Legislative Assembly within 21 days and is subject to disallowance under the Statutory Instruments Act 1992.
- •Authorised persons could enter non-dwelling premises without a warrant to check compliance with health directionsClause 9, s 142NAn authorised person may enter a place without warrant or consent if they reasonably suspect a direction is being contravened, but not a dwelling or medical consultation area.
- •People who suffered losses from COVID-19 directions cannot claim compensation from the governmentClause 9, s 142RA person who suffers loss or damage from the exercise of powers under the new framework is not entitled to compensation, and this bar continues permanently after expiry.
1/9/2022· Hon Y D'Ath MPHealthWork & EmploymentCommittee: pass (dissent)
29
Industrial Relations and Other Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •Courier drivers who have their contract unfairly terminated can apply to the QIRC for reinstatement or up to six months' compensationClauses 66 (sections 406ZY–406ZZC)The QIRC must deal with unfair termination applications quickly. Compensation is capped at six months' remuneration. Applications must be made within 21 days.
- •Unregistered organisations face civil penalties for falsely claiming they can represent workers' industrial interestsClause 36 (new section 293A)A person or entity must not make a false or misleading representation that they have the right to represent a person's industrial interests. Maximum penalty of 100 penalty units for non-compliance with ancillary orders.
- •Anti-discrimination complainants can apply for interim orders to prevent prejudice while their complaint is being heardClause 71 (new section 190 of the Anti-Discrimination Act 1991)Re-inserts section 190 allowing the tribunal to prohibit conduct that might prejudice the outcome of a complaint before it is determined.
23/6/2022· Hon G Grace MPWork & EmploymentCommittee: pass
46
Building Units and Group Titles and Other Legislation Amendment Bill 2022
PassedThis bill became law.- •Dispute resolution for body corporate matters becomes less formal and more accessible for ordinary unit ownersClause 17Referees must observe natural justice, act with as little formality and technicality as possible, and are not bound by the rules of evidence.
- •Bodies corporate can seek dispute resolution without needing a special resolution first, making it quicker to act on urgent mattersClause 20The requirement for a special resolution to approve an application for an order of a referee is removed for body corporate applicants.
- •Referees can award costs of up to $2,000 against people who bring frivolous or vexatious dispute applicationsClause 18A referee may order costs against an applicant if the application is frivolous, vexatious, misconceived or without substance.
21/6/2022· Hon S Fentiman MPHousing & RentingCost of LivingCommittee: pass (dissent)
15
Casino Control and Other Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •Casino operators can now be fined up to $50 million for serious regulatory breaches, instead of the main option being licence cancellationClause 9, new s 31(12)(b)(iv)The Governor in Council can order a casino entity to pay a pecuniary penalty of not more than $50 million as a form of disciplinary action.
- •Casino operators must self-report breaches of the law to the regulator within five days or face penaltiesClause 8, new s 30BEntities must give written notice to the chief executive no later than 5 days after forming a belief they have contravened the Act. Maximum penalty 160 penalty units.
- •The power for casino staff to physically detain suspected cheats is removed as it breached human rightsClause 30Section 105 of the Casino Control Act is repealed as it unduly limited the right to freedom of movement and liberty under the Human Rights Act 2019.
- •Letters of censure issued to casino operators can now be published on the government website, increasing transparencyClause 9, new s 31(13)(b)A letter of censure may be published on the department's website.
26/5/2022· Hon G Grace MPBusiness & EconomyHealthCommittee: pass (dissent)
15
Animal Care and Protection Amendment Bill 2022
PassedThis bill became law.- •Serious animal neglect causing death or prolonged suffering now carries penalties of up to 2,000 penalty units or 3 years imprisonmentClause 5, s 17New aggravated breach of duty of care offence with the same maximum penalty as animal cruelty.
- •People banned from owning animals in other states can no longer avoid those orders by moving to QueenslandClause 32, Chapter 6AChief executive can recognise interstate prohibition decisions and direct forfeiture or ban on animal ownership.
- •RSPCA inspectors face stronger accountability with new training, conflict of interest reporting, and the power for government to suspend appointmentsClauses 24-26Implements QAO recommendations for chief executive oversight of RSPCA inspector appointments and investigations.
12/5/2022· Hon M Furner MPEnvironmentRegional QueenslandCommittee: pass
14
Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •Breaching an interim prohibition order carries penalties of up to $60,000 or 3 years imprisonmentClause 94, new section 159OMaximum penalty for contravening an interim prohibition order is $60,000 or 3 years imprisonment or both.
- •National Boards can withdraw registrations obtained through false or misleading information, with appeal rights to the tribunalPart 11, Clause 70 (new Division 6A)National Boards may withdraw registration if it was improperly obtained because the practitioner or someone else gave the Board false or misleading information.
- •Disciplinary proceedings can now be taken against health practitioners for conduct that occurred while they were unregisteredPart 18, Clause 90 (replacement of sections 138-139)Notifications and proceedings may be taken against registered practitioners in relation to behaviour that occurred before registration or during periods when they were not registered.
11/5/2022· Hon Y D'Ath MPHealthFirst NationsCommittee: pass
22
Personal Injuries Proceedings and Other Legislation Amendment Bill 2022
Passed (amended)This bill became law after being modified during debate.- •If you've been injured, it's now a criminal offence for someone to cold-call you or pressure you into making a compensation claimClause 51, s 71BProhibits personally approaching or contacting another person to solicit or induce them to make a claim, with a maximum penalty of 300 penalty units.
- •Paying or receiving money for referring someone to a law firm to make a personal injury claim is now a criminal offenceClause 51, s 71Prohibits giving or receiving consideration for a claim referral or potential claim referral, with a maximum penalty of 300 penalty units.
- •If your lawyer is convicted of claim farming, they must repay all fees they charged youClause 51, s 71DA law practice convicted of a claim farming offence is not entitled to recover any fees or costs and must repay amounts received.
- •Your lawyer can no longer use billing tricks to take more than half of your speculative personal injury settlementClause 16, s 347Payments to third parties for obtaining instructions and interest on litigation funding must now be counted within the 50:50 fee cap.
31/3/2022· Hon S Fentiman MPWork & EmploymentGovernment & ElectionsCommittee: pass (dissent)
18
State Penalties Enforcement (Modernisation) Amendment Bill 2022
PassedThis bill became law.- •If you get a camera fine or tolling fine, you now deal with one agency (SPER) instead of being bounced between Transport and Main Roads and Police (Part 6, Clause 51)
- •Unpaid fines can be registered with SPER sooner, meaning enforcement action may start earlier if you do not pay or respond (Clause 22)
- •If SPER seizes and sells your property to recover a debt, costs like towing, locksmith and storage fees can now be recovered from the sale proceeds (Clause 31 and Clause 46)
- •SPER enforcement officers can now legally use body-worn cameras when carrying out enforcement activities at your premises (Clause 28)
17/3/2022· Hon C Dick MPHousing & RentingCost of LivingCommittee: pass (dissent)
14
Racing Integrity Amendment Bill 2022
PassedThis bill became law.- •Racing participants get faster resolution of disputes, with stewards' decisions reviewed within 7 business days instead of months through QCATClause 24, s 252AGThe Panel must decide applications within 7 business days (or 20 for disqualification actions), compared to the previous average of over 200 days at QCAT.
- •Appeals to QCAT are restricted to serious disqualification actions of 3 months or longer, and only on questions of lawClause 24, s 252AUOnly disqualification action preventing a person from betting, bookmaking, racing an animal, or attending a race meeting for 3 months or more can be appealed, and only on a question of law.
- •Participants found to have caused serious risks to animal welfare or human safety can no longer delay their penalties through stay ordersClause 24, s 252AVA person cannot apply for a stay if the Panel's decision includes disqualification action taken because of a serious risk to the welfare or health of an animal, the safety of any person, or the integrity of racing.
- •People investigated by the Racing Integrity Commissioner now have the right against self-incrimination restored for document production requirementsClauses 13-16Amendments restore the reasonable excuse of self-incrimination for document production and certification requirements, addressing incompatibility with the Human Rights Act 2019.
24/2/2022· Hon G Grace MPBusiness & EconomyCommittee: pass
17
Public Health and Other Legislation (Extension of Expiring Provisions) Amendment Bill 2022
PassedThis bill became law.- •Breaching a public health direction could result in a fine of up to 100 penalty units or 6 months imprisonmentClause 26Extends section 362D of the Public Health Act which provides maximum penalties of 100 penalty units or 6 months imprisonment for non-compliance with CHO directions.
- •The right to compensation for loss caused by COVID-19 disaster powers remained suspendedClause 17Continues section 138A of the Disaster Management Act setting aside entitlement to compensation for loss or damage from exercise of COVID-19 disaster situation powers.
- •All emergency powers were set to automatically expire when the Minister ended the public health emergency or by 31 October 2022 at the latestClause 25Defines COVID-19 public health legislation expiry day as the earlier of the day the emergency ends under section 324(1) or 31 October 2022.
22/2/2022· Hon Y D'Ath MPHealthSafety & EmergencyCommittee: pass (dissent)
50
Health and Other Legislation Amendment Bill 2021
Passed (amended)This bill became law after being modified during debate.- •The Mental Health Court can now send cases back to criminal courts when the facts behind an expert's opinion are seriously disputed, protecting the right to a fair trialClause 54 (new s 117A)The Mental Health Court may not make a decision about unsoundness of mind or diminished responsibility if there is a substantial dispute about a fact material to an expert's report.
- •Victims of crimes committed by forensic patients receive clearer information about when and why their notification rights end, with written reasons provided within 7 daysClause 69 (new ss 322 and 323)Information notices cease by operation of law in specified circumstances. Chief Psychiatrist must give written notice with reasons within 7 days.
- •Forensic patients can now apply for international transfer through the MHRT, allowing access to family support networks overseasClauses 91-96 (new ss 521-528)Creates framework for international transfer of forensic patients subject to appropriate treatment, care and community safety conditions. Orders end after 3 continuous years outside Queensland.
1/12/2021· Hon Y D'Ath MPHealthCommittee: pass
34
Evidence and Other Legislation Amendment Bill 2021
Passed (amended)This bill became law after being modified during debate.- •Journalists can now refuse to reveal their confidential sources in Queensland courts, with protection extending to editors and producersClause 33 (new Division 2B)Creates a qualified privilege under the Evidence Act so journalists and relevant persons cannot be compelled to disclose informant identity unless a court finds disclosure is in the public interest.
- •Domestic violence victims can give their main evidence via a police-recorded video statement instead of testifying in personClause 37 (new Part 6A)Enables a recorded statement taken by a trained police officer to be used as a complainant's evidence-in-chief in DFV criminal proceedings.
- •Families of deceased persons in criminal cases gain stronger rights to have their loved one's remains returned for burial soonerClause 10 (new s 590ASA)Courts must ensure any direction about viewing or examining a deceased person's body does not unnecessarily delay release for burial under the Coroners Act.
- •Unauthorised sharing or publishing of DFV victim recorded statements carries penalties of up to 100 penalty units or 2 years imprisonmentClause 37 (new ss 103Q, 103S)Creates offences for unauthorised possession, supply, copying and publication of recorded statements or their transcripts.
16/11/2021· Hon S Fentiman MPSafety & EmergencyGovernment & ElectionsCommittee: pass
25
Police Service Administration and Other Legislation Amendment Bill 2021
PassedThis bill became law.- •Officers at government buildings can now require you to give your name and address if they reasonably suspect it is necessary for securityClause 4 (new s 550)A police officer or PSO may require an entrant to state their name, address and reason for entry if reasonably suspected necessary for security of the state building.
- •Assaulting or obstructing a protective services officer carries a maximum penalty of 40 penalty units or 6 months imprisonmentClause 20 (new s 791A)Penalty increased from 10 penalty units or 6 months to 40 penalty units or 6 months to reflect seriousness of the offence.
- •Impersonating a protective services officer is a new offence with a maximum penalty of 100 penalty unitsClause 40 (new s 10.22)
16/11/2021· Hon M Ryan MPSafety & EmergencyGovernment & ElectionsCommittee: pass
10
Public Trustee (Advisory and Monitoring Board) Amendment Bill 2021
Passed (amended)This bill became law after being modified during debate.- •People under Public Trustee administration get an independent board watching over how their financial affairs are managedClause 4, s 117YThe board's functions include monitoring and reviewing the performance of the Public Trustee's functions and monitoring complaints.
- •The board can recommend changes to laws and practices to better protect vulnerable Queenslanders' financial futuresClause 4, s 117Y(d)The board may advise the Minister on improvements to promote the interests of the Public Trustee's clients, particularly clients with impaired decision-making capacity.
- •Strict confidentiality rules protect the personal information of Public Trustee clients, with penalties of up to 200 penalty units for breachesClause 4, s 117ZXBoard members and persons assisting the board must not disclose personal information except as necessary for their functions.
28/10/2021· Hon S Fentiman MPSeniorsGovernment & ElectionsCommittee: pass
29
Inspector of Detention Services Bill 2021
PassedThis bill became law.- •People in prison, watch-houses and detention centres now have an independent watchdog checking their treatment and conditionsClause 3The main purpose of the Act is to promote the improvement of detention services with a focus on upholding humane treatment and preventing torture and cruel, inhuman or degrading treatment.
- •The Inspector can enter any detention facility at any time without notice and speak privately to detaineesClauses 14-15The Inspector may at any time enter a place of detention and need not notify the person in charge. The Inspector may privately interview any detainee.
- •People who report problems in detention are protected from retaliation, with penalties of up to 100 penalty units for reprisalsClauses 40-41A person must not cause detriment to another person because they have provided or may provide information to the Inspector. Maximum penalty 100 penalty units.
- •Inspection reports are tabled in Parliament so the public can see what is happening inside detention facilitiesClauses 22-26The Inspector must prepare reports for the Speaker following each review and mandatory inspection, which are tabled in the Legislative Assembly.
28/10/2021· Hon S Fentiman MPChildren & FamiliesFirst NationsCommittee: pass
24
Small Business Commissioner Bill 2021
Passed (amended)This bill became law after being modified during debate.- •Small business disputes can be resolved through mediation rather than expensive court or tribunal proceedings (Part 3)
- •Mediation agreements reached through the commissioner are legally enforceable in court (Clause 35)
- •What you say in mediation stays confidential and cannot be used as evidence in court (Clause 32)
12/10/2021· Hon D Farmer MPBusiness & EconomyCommittee: pass (dissent)
28
Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021
PassedThis bill became law.- •Courts can now order people to hand over passwords for digital devices seized under any lawful police power, not just magistrate-issued search warrantsClause 8Amends s 154A of the PPRA to enable access orders where a digital device is otherwise lawfully seized, including under search warrants issued by a JP.
- •Police can seek digital device access orders for intimate image and privacy offences (Criminal Code ss 223, 227A, 227B) even though these carry less than 4 years imprisonmentClause 8(3)Creates specific exceptions to the crime scene threshold offence requirement for distributing intimate images, breach of privacy recordings, and prohibited visual recordings.
- •Senior police officers can now witness bail objection affidavits, removing the need to find a Justice of the Peace and potentially speeding up bail processesSchedule 1, sections 4-5Prescribes senior police officers as witnesses for affidavits used in bail proceedings under the Bail Act 1980 and Youth Justice Act 1992.
16/9/2021· Hon M Ryan MPSafety & EmergencyGovernment & ElectionsCommittee: pass
5
Child Protection Reform and Other Legislation Amendment Bill 2021
PassedThis bill became law.- •Children can now request a review of their case plan and challenge the decision at QCAT if the review is refusedClause 24 (section 51V amendments)Children who do not have a long-term guardian can request the chief executive review their case plan. A refusal to review is a new reviewable decision at QCAT.
- •Police can now request the identity of a person who reported child abuse concerns, in order to investigate criminal offences against childrenClause 61 (new section 186B)A senior police officer of at least sergeant rank can make a written request for notifier identity if the information is required for prevention, detection, investigation, prosecution or punishment of a criminal offence against a child.
- •Domestic violence information can now be considered in blue card assessments, strengthening screening of people who work with childrenClause 87 (new section 315A)The chief executive (working with children) can request domestic violence order information from the police commissioner if they reasonably believe an order may have been made against a person.
15/9/2021· Hon L Linard MPChildren & FamiliesFirst NationsCommittee: pass
24
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.- •Children under 14 could no longer be charged with a crime, arrested, or put through criminal proceedings in QueenslandClause 3Amends section 29 of the Criminal Code so that a person under 14 years is not criminally responsible for any act or omission.
- •All existing criminal convictions for offences committed by a person under 14 would be automatically expungedProposed section 412Any finding of guilt is expunged, records must be amended to omit the conviction, and the conviction must not be disclosed by any person.
- •Police would be required to destroy all DNA samples, fingerprints, and forensic evidence collected from children for offences committed under 14Proposed section 411The commissioner of the police service must ensure identifying particulars, DNA samples, and forensic procedure results are destroyed in the presence of a justice.
15/9/2021· Mr M Berkman MPChildren & FamiliesFirst NationsCommittee: not recommended
8
Justice and Other Legislation Amendment Bill 2021
Passed (amended)This bill became law after being modified during debate.- •You can now sign affidavits and statutory declarations electronically or have them witnessed over video call instead of attending in personPart 6, Clauses 34-43Amends the Oaths Act 1867 to allow electronic signatures and audio visual link witnessing by approved special witnesses.
- •DFV victims seeking urgent protection orders no longer need to find a JP or solicitor first — they can verify their application directly before a MagistratePart 3, Clause 12 (new s 47A)Allows applicants to verify protection order applications on oath or affirmation before a Magistrate as an alternative to statutory declaration.
- •Domestic and family violence court proceedings can now be conducted by video or audio link at the court's discretionPart 3, Clause 16 (new s 142A)Magistrates Courts may conduct all or part of DFV proceedings by audio visual links or audio links.
- •Deeds no longer need to be on paper or sealed — they can be created and signed as electronic documentsPart 8, Clause 51 (new ss 46C-46D)A document takes effect as a deed even if it is not written on paper, not an indenture, and not sealed.
15/9/2021· Hon S Fentiman MPBusiness & EconomySafety & Emergency
Police Powers and Responsibilities and Other Legislation Amendment Bill 2021
PassedThis bill became law.- •Life-sentenced prisoners who murdered a child or committed multiple murders can be blocked from applying for parole for up to 10 years at a timeClause 7, s 175E–175IThe President of the Parole Board may make a restricted prisoner declaration preventing parole applications for up to 10 years, renewable.
- •The 'No Body, No Parole' framework is strengthened so the Parole Board can assess a prisoner's cooperation at any time, not just when they apply for paroleClause 7, s 175K–175UBoard can initiate consideration of cooperation at any time after sentencing and issue a no cooperation declaration blocking parole.
- •Wilfully killing or seriously injuring a police dog, police horse, or corrective services dog is now an indictable offence carrying up to 5 years imprisonmentClauses 6 and 49New s 131A of the CSA and s 10.21BA of the PSAA create crimes with maximum penalty of 5 years imprisonment.
- •Police can now remove cooperative prisoners from watchhouses to assist with investigations, with strict safeguards including magistrate approval and written consentClause 37, s 411A–411JNew police assistance removal orders allow removal for up to 8 hours (extendable once) with full consent and judicial oversight.
15/9/2021· Hon M Ryan MPSafety & EmergencyChildren & FamiliesCommittee: pass (dissent)
23
Housing Legislation Amendment Bill 2021
Passed (amended)This bill became law after being modified during debate.- •Tenants are protected from landlord retaliation when they enforce their rights, such as requesting repairs or making complaintsClause 52 (section 246A)Tenants can apply to QCAT for an order to set aside retaliatory action including notices to leave, rent increases, or refusal to renew.
- •Landlords who provide false or misleading information in eviction notices face penalties of up to 50 penalty unitsClause 75 (section 365A)Lessors must not re-let premises for 6 months after ending a tenancy for sale, change of use, or owner occupation.
- •Tenants can apply for enforceable QCAT repair orders if their landlord fails to maintain the propertyClauses 50-51 (sections 221-221C)Continuing penalty of 5 penalty units per week for non-compliance with a repair order.
18/6/2021· Hon L Enoch MPHousing & RentingSeniorsCommittee: pass
32
Voluntary Assisted Dying Bill 2021
PassedThis bill became law.- •People who assist a loved one through the voluntary assisted dying process are protected from criminal prosecution for aiding suicideClause 147Criminal liability does not attach to a person who in good faith assists another person accessing voluntary assisted dying in accordance with the Act, or who is present when the substance is administered.
- •Administering the substance to someone without authorisation carries up to 14 years imprisonmentClause 140A person must not administer a voluntary assisted dying substance to another person unless authorised under the Act. Maximum penalty is 14 years imprisonment.
- •Coercing or dishonestly inducing someone to request or revoke a request for voluntary assisted dying carries up to 7 years imprisonmentClauses 141-142Offences for dishonestly or by coercion inducing another person to make or revoke a request for voluntary assisted dying, or to self-administer the substance.
25/5/2021· Hon A Palaszczuk MPHealthSeniorsCommittee: pass (dissent)
88
Defamation (Model Provisions) and Other Legislation Amendment Bill 2021
PassedThis bill became law.- •You must now prove that defamatory material caused or is likely to cause serious harm to your reputation before a court will hear your caseClause 6 (new s 10A)Introduces a serious harm element as a threshold requirement for defamation claims, replacing the defence of triviality.
- •Before suing for defamation, you must send a formal concerns notice to the publisher and wait at least 14 days for a responseClause 8 (new ss 12A and 12B)Requires a written concerns notice specifying the defamatory imputations and harm before proceedings can commence.
- •Journalists and publishers can now defend defamation claims by showing the story concerned a matter of public interest and they reasonably believed publishing it was in the public interestClause 16 (new s 29A)Creates a new defence of publication of matter concerning issue of public interest, comparable to s 4 of the UK Defamation Act 2013.
- •Scientists and academics have a new defence for peer-reviewed work published in scientific or academic journalsClause 18 (new s 30A)Protects peer-reviewed publications and associated assessments from defamation claims unless proven to be dishonest.
20/4/2021· Hon S Fentiman MPTechnology & DigitalTransport & RoadsCommittee: pass
21
Youth Justice and Other Legislation Amendment Bill 2021
Passed (amended)This bill became law after being modified during debate.- •Young offenders charged with a serious offence while already on bail must now prove why they should be released, reversing the usual presumption in favour of bailClause 24 (new s 48AF)Creates a 'show cause' requirement for children charged with prescribed indictable offences committed while on release for another indictable offence.
- •Courts can order GPS tracking devices for repeat young offenders aged 16-17 as a condition of bailClause 26 (new s 52AA)Permits courts to impose tracking device conditions on children aged 16+ charged with prescribed indictable offences who have at least one prior indictable conviction, as a two-year trial in prescribed geographical areas.
- •Committing an offence while on bail is now a formal aggravating factor when a court sentences a young offenderClause 29 (s 150)Codifies existing common law by requiring courts to consider whether the child committed the offence while released on bail or awaiting trial for another offence.
- •Vehicle owners who do not help police identify drivers involved in hooning can be fined up to 100 penalty units or deemed to be the driverClauses 13-15 (ss 755-756)Expands the evasion offence notice scheme to all type 1 vehicle related offences, requiring owners to provide statutory declarations.
25/2/2021· Hon M Ryan MPChildren & FamiliesSafety & EmergencyCommittee: pass (dissent)
49
Child Protection and Other Legislation Amendment Bill 2020
PassedThis bill became law.- •The bill responds to Coroner's recommendation 6(b) from the inquest into the death of Mason Jet Lee, strengthening permanency decisions for children in careDeputy State Coroner Bentley delivered findings on 2 June 2020 recommending the government consider amendments to reflect permanency reforms similar to NSW.
- •Biological parents retain existing consent requirements and legal safeguards before any adoption of their child can proceedClause 8A relevant parent's consent to adoption may only be dispensed with in the circumstances set out in the Adoption Act 2009.
3/12/2020· Hon L Linard MPChildren & FamiliesFirst NationsCommittee: pass
20
Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020
Passed (amended)This bill became law after being modified during debate.- •The Criminal Code now explicitly states that silence or inaction does not mean consent to a sexual actClause 8 (new s 348(3))A person is not taken to give consent to an act only because the person does not say or do anything to communicate that the person does not consent.
- •Consent to a sexual act can be withdrawn at any time by words or conduct, and continuing after withdrawal is without consentClause 8 (new s 348(4))If an act is done or continues after consent is withdrawn by words or conduct, then the act is done or continues without consent.
- •A defendant's voluntary intoxication cannot be used to argue their mistaken belief about consent was reasonableClause 9 (new s 348A(3))In deciding whether a belief was reasonable, regard may not be had to the voluntary intoxication of the person caused by alcohol, a drug or another substance.
- •People who lost money due to a dishonest solicitor and were previously underpaid from the Fidelity Guarantee Fund will receive the balance owed plus interestClause 26 (new s 787)The QLS must pay the difference between the capped payment and the allowed amount, plus interest at the regulated rate.
26/11/2020· Hon S Fentiman MPSafety & EmergencyHealthCommittee: pass
27
COVID-19 Emergency Response and Other Legislation Amendment Bill 2020
PassedThis bill became law.- •Emergency court and tribunal procedures, including remote hearings and modified timeframes, continue until 30 April 2021Part 2, Clauses 9–11Extends the power to modify statutory time limits for proceedings to the COVID-19 legislation expiry day.
- •Domestic violence protection order applications made between 4 December 2020 and the bill's enactment are validated for simplified verification requirementsPart 2, Division 3, Clause 18 (new s 11)Sections 7 and 8 of the DFV Protection Regulation apply, and are taken always to have applied, to applications made during the gap period.
26/11/2020· Hon S Fentiman MPGovernment & ElectionsBusiness & EconomySafety & EmergencyHousing & Renting
56th Parliament (2017–2020)48 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.- •A cultural recognition order has the same legal effect as a final adoption order, giving cultural parents full parental rightsClause 106On the making of a cultural recognition order about a child, the order has effect as if the order were a final adoption order made under the Adoption Act 2009.
- •Court hearings about cultural recognition are closed to the public to protect families' privacyClause 97The hearing for the proceeding is not open to the public. The court must exclude persons who are not parties to the proceeding.
- •Decisions can be appealed through internal review and the Childrens Court, with further appeal to the Court of AppealClauses 60-62 and 92-96If the commissioner decides not to make a cultural recognition order, the parties may apply jointly for internal review. Court decisions on dispensation and discharge orders may be appealed to the Court of Appeal.
16/7/2020· Ms C Lui MPFirst NationsChildren & FamiliesCommittee: pass (dissent)
10
Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020
Passed (amended)This bill became law after being modified during debate.- •Wage theft is now treated as a serious criminal offence with penalties matching other forms of stealing and fraudClauses 5 and 6Maximum penalty of 10 years imprisonment for stealing by employers, and 14 years for fraud where the offender is or was an employer of the victim.
- •The Industrial Magistrates Court takes over Fair Work Act wage claims from the general Magistrates Court and QCATParts 3-5Redirects FW Act civil remedy claims to the Industrial Magistrates Court, with specialist conciliation and small claims processes.
- •What is said during conciliation stays confidential and cannot be used as evidence unless all parties agreeClause 9, s507I and Clause 14, s547IEvidence of anything done or said during conciliation is only admissible if all parties agree, except in fraud proceedings.
15/7/2020· Hon G Grace MPWork & EmploymentCommittee: pass (dissent)
14
Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020
Passed (amended)This bill became law after being modified during debate.- •Courts could order COVID-19 testing of people arrested for assault who coughed, sneezed or spat on police officers or othersPart 13 (Clause 49, s 548G-548U)A magistrate or Childrens Court could issue a COVID-19 test order, with appeals to the District Court within 24 hours. Unauthorised disclosure of results carried a penalty of 40 penalty units or 6 months imprisonment.
- •Prisoners could be released on parole up to 7 days early to reduce COVID-19 transmission risk in correctional facilitiesClause 10 (s 110A)The chief executive could order early release, with the prisoner subject to parole conditions from the day of release.
- •The right to compensation for loss or damage from COVID-19 disaster powers was retrospectively removed from 22 March 2020Clause 23 (s 138A)Applied to powers exercised under the disaster situation declared on 22 March 2020, including controlling movement of persons, entering places, and directing property.
19/5/2020· Hon S Miles MPHealthBusiness & EconomyWork & EmploymentSafety & Emergency
24
COVID-19 Emergency Response Bill 2020
PassedThis bill became law.- •Court hearings could be conducted by video or phone link instead of requiring physical attendanceClause 16(1)(c)Regulation could provide for the use of audio visual links or audio links to enable persons to appear before a relevant entity.
- •Legal documents like wills and powers of attorney could be witnessed remotely using video technologyClause 9Regulation-making power for modified requirements about signing, witnessing and certifying documents.
- •Court filing deadlines and limitation periods could be extended where COVID-19 prevented complianceClause 15Statutory time limits relating to proceedings could be modified where necessary for a purpose of the Act.
22/4/2020· Hon A Palaszczuk MPHousing & RentingBusiness & EconomyGovernment & ElectionsHealth
16
Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Bill 2020
Passed (amended)This bill became law after being modified during debate.- •If you receive a camera-detected fine for phone use or no seatbelt, you can still challenge it in writing or in courtPart 11, Clause 57 (section 120(7) and (7A))Persons may write to QPS to raise issues supporting withdrawal of an infringement notice, or elect to have their matter heard by a court.
- •You must give prosecutors 14 days written notice before a hearing if you plan to challenge camera evidence or raise an exemptionPart 11, Clause 57 (section 120(7A))A defendant who intends to raise an exception, exemption or defence under a regulation for a camera-detected offence must give written notice at least 14 days prior to the hearing.
- •Camera evidence creates rebuttable presumptions, meaning the burden shifts to you to prove you were wearing a seatbelt or not using a phonePart 11, Clause 59 (sections 120D and 120E)In the absence of proof to the contrary, camera evidence is taken to show the vehicle was moving, seatbelt positions were fitted, and the person was not wearing an approved seatbelt.
17/3/2020· Hon M Bailey MPTransport & RoadsTechnology & DigitalCommittee: pass
11
Corrective Services and Other Legislation Amendment Bill 2020
Passed (amended)This bill became law after being modified during debate.- •Prisoners convicted of sexual offences, murder, or serving life sentences can no longer be transferred to low custody facilities like work campsClause 11 (new s 68A)Inserts new restriction on eligibility for transfer from a secure facility to a low custody facility for these prisoner categories.
- •Crime victims on the Victims Register get more time to make submissions before the Parole Board decides on a prisoner's releaseClause 23Allows eligible persons to apply to the Parole Board for an extension of the 21-day period for providing submissions.
- •Victims are notified sooner when a prisoner is discharged or released, instead of waiting up to 14 daysClause 51Replaces the 14-day notification requirement with 'as soon as practicable after the chief executive becomes aware'.
- •Offenders who remove or tamper with their electronic monitoring device face up to 3 months imprisonmentClause 40 (new s 267(2))Creates a new offence with maximum penalty of 30 penalty units or 3 months imprisonment.
17/3/2020· Hon M Ryan MPSafety & EmergencyCommittee: pass (dissent)
36
Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Ministers who dishonestly hide conflicts of interest face up to 2 years imprisonment under new criminal offencesClause 62, new section 40A; Clause 73, new section 69DNew offences in the Integrity Act 2009 and Parliament of Queensland Act 2001 require prosecution consent of the Director of Public Prosecutions.
- •Councillors who dishonestly breach integrity rules face up to 2 years imprisonment and automatic 7-year disqualification from officeClause 89, new section 198D; Clause 119, new section 201DDishonest conduct of councillor offences are prescribed as serious integrity offences with automatic suspension on charge and disqualification on conviction.
- •Anyone who knowingly participates in a scheme to circumvent donation or spending caps faces up to 10 years imprisonment or 1,500 penalty unitsClause 47Extends existing anti-circumvention offence to cover new donation caps and expenditure caps.
28/11/2019· Hon Y D'Ath MPGovernment & ElectionsCommittee: pass (dissent)
36
Justice and Other Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •More property crime cases (up to $80,000) will be handled in local Magistrates Courts, potentially resolving matters fasterClause 51 (Part 10)Increases the 'prescribed value' threshold in Criminal Code s 552BB from $30,000 to $80,000 for summary disposition of indictable property offences.
- •Courts can now close their doors while recorded statements from child witnesses or people with impaired capacity are playedClauses 76-77 (Part 16)Extends Evidence Act 1977 provisions allowing exclusion of the public to include s 93A statements from affected children and special witnesses.
- •People making discrimination complaints can have both on-time and late parts of their complaint go to conciliation togetherClause 10 (Part 3)New s 141A allows the Commissioner to defer a decision on out-of-time contraventions until after conciliation of the entire complaint.
- •Interest can no longer push your court claim over the monetary limit, keeping cases in lower-cost courtsClauses 69, 149, 184 (Parts 14, 23, 33)Clarifies that interest payable on any basis must not be considered when determining whether a claim exceeds jurisdictional monetary limits for the District Court, Magistrates Courts, and QCAT.
28/11/2019· Hon Y D'Ath MPSafety & EmergencyCommittee: pass (dissent)
16
Health Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Conversion therapy by health service providers is now a criminal offence carrying up to 12 months imprisonmentClause 28, s 213HA health service provider must not perform conversion therapy on another person. Maximum penalty: 100 penalty units or 12 months imprisonment.
- •Performing conversion therapy on a child or vulnerable person carries higher penalties of up to 18 months imprisonmentClause 28, s 213H(1)(a)If the person is a vulnerable person (child, person with impaired capacity, or person with limited understanding), maximum penalty increases to 150 penalty units or 18 months imprisonment.
- •Gender-affirming care and reasonable clinical decisions are expressly protected and not affected by the conversion therapy banClause 28, s 213F(2)-(3)Practices assisting gender transition, expressing gender identity, or providing acceptance and support are excluded from the definition of conversion therapy.
28/11/2019· Hon S Miles MPHealthFirst NationsCommittee: pass
18
Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019
PassedThis bill became law.- •Survivors of historical child sexual abuse can now seek prosecution even for offences that occurred before 1989, with old limitation periods retrospectively removedClause 21, new sections 744-745Retrospectively abolishes the six-month limitation period that applied to prosecutions under former sections 212 and 215 of the Criminal Code before 3 July 1989.
- •Offenders convicted of historical child sexual abuse are sentenced under today's sentencing standards, not the lighter standards from the time of the offenceClause 53, section 9(4)(a)The court must have regard to the sentencing practices, principles and guidelines applicable when the sentence is imposed rather than when the offence was committed.
- •Judges can no longer warn juries it would be 'dangerous or unsafe to convict' just because a victim delayed reporting abuseClause 39, new section 132BAA significant forensic disadvantage is not established by the mere fact of delay in prosecuting the offence.
- •A pilot intermediary scheme provides trained communication professionals to help child witnesses give evidence in courtClause 44, new Division 4CIntermediaries are speech pathologists, psychologists, social workers or occupational therapists who assess witness communication needs and assist during evidence.
27/11/2019· Hon Y D'Ath MPChildren & FamiliesSafety & EmergencyCommittee: pass
23
Criminal Code and Other Legislation (Ministerial Accountability) Amendment Bill 2019
Lapsed- •A minister's failure to declare a conflict of interest could have been treated as corrupt conduct under the Crime and Corruption ActClause 4, s 97DThe explanatory notes state the offence could, in certain circumstances, be considered corrupt conduct as defined in the Crime and Corruption Act 2001.
- •The bill was developed following a Crime and Corruption Commission investigation and consultation with the Queensland Law SocietyThe CCC released a statement on 6 September 2019 identifying areas for improvement in how conflicts of interest are declared and managed, following a seven-week investigation.
23/10/2019· Mrs D FrecklingtonGovernment & ElectionsCommittee: not recommended
Summary Offences and Other Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Using a dangerous attachment device to block transport infrastructure is now a criminal offence carrying up to 2 years imprisonmentClause 11, new s 14C(1)Maximum penalty of 50 penalty units or 2 years imprisonment for unreasonably interfering with transport infrastructure using a dangerous attachment device.
- •Using a dangerous attachment device to block business access or halt equipment carries up to 1 year imprisonmentClause 11, new s 14C(2)Maximum penalty of 20 penalty units or 1 year imprisonment. Does not apply to monopoles or tripods unless they incorporate a dangerous substance.
- •Police can search you or your vehicle without a warrant if they suspect you have a dangerous attachment deviceClauses 3-4Amends sections 30 and 32 of the PPRA to add dangerous attachment devices to prescribed search circumstances.
- •Everyday items like glue, ropes, chains, and bike locks are not affected when used on their own — only purpose-built dangerous devices are targetedClause 11, new s 14A(2)Glue, a bike lock, a padlock, a rope or a chain is not, by itself, an attachment device.
19/9/2019· Hon M Ryan MPSafety & EmergencyCommittee: pass (dissent)
41
Child Death Review Legislation Amendment Bill 2019
PassedThis bill became law.- •The Child Death Review Board must act independently and cannot be directed by the Minister on how it performs its functionsClause 23, section 29FThe board must act independently and in the public interest, and is not subject to direction by the Minister or anyone else about how it performs its functions.
- •The Board's annual report must be tabled in Parliament, increasing public accountability for how the child protection system operatesClause 23, section 29JThe board must give the Minister an annual report by 31 October each year, and the Minister must table it within 14 sitting days.
- •Agencies named adversely in a Board report must be given a fair opportunity to respond before the report is finalisedClause 23, section 29LThe board must not include adverse information about an identifiable entity unless the entity has been given a copy and a reasonable opportunity to make a submission.
18/9/2019· Hon Y D'Ath MPChildren & FamiliesHealthCommittee: pass (dissent)
21
Police Powers and Responsibilities and Other Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Police can now clearly access social media accounts, emails, and cloud data from seized devices under warrant, not just data physically stored on the devicePart 6, Clauses 27-35Replaces 'stored information' with 'device information' across the PPRA to cover information accessed, communicated or distributed by using the device, including by using an application.
- •Brothel licence condition breaches are reduced from a serious indictable offence to a simple offence with a much lower penaltyClause 60Maximum penalty reduced from 200 penalty units or 5 years imprisonment to 20 penalty units.
- •Police can search domestic violence respondents for weapons before transporting them to another locationClause 16Amends section 134A of the DFVPA to allow police to search a person given a direction to move for anything that may be used to cause harm.
- •Firearms licence holders get 90 days instead of 30 to demonstrate fitness when their licence is suspendedClause 78Extends the suspension period under section 28 of the Weapons Act from 30 to 90 days, reducing the need for QCAT proceedings.
18/9/2019· Hon M Ryan MPSafety & EmergencyCommittee: pass
24
Agriculture and Other Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Gatherings of three or more people on agricultural land can be declared unlawful assemblies if they pose biosecurity, animal welfare or economic risksClause 132Amends section 10A of the Summary Offences Act 2005 to extend unlawful assembly to gatherings posing risks on land mentioned in section 13(1).
- •Animal welfare inspectors can enter premises without a warrant to help abandoned animals, rather than waiting until the animal is at risk of deathClause 8Amends section 122 of the Animal Care and Protection Act 2001 to allow entry where an inspector reasonably suspects an animal has been abandoned.
- •Leaving an animal in a hot vehicle is now explicitly included as an example of animal cruelty in the legislationClauses 4-5Amends sections 17 and 18 of the Animal Care and Protection Act 2001 to clarify that confining an animal in a vehicle causing heat stress may be a cruelty offence.
22/8/2019· Hon M Furner MPRegional QueenslandEnvironmentCommittee: pass
24
Community Based Sentences (Interstate Transfer) Bill 2019
PassedThis bill became law.- •Offenders on probation, community service or similar sentences can now formally transfer their sentence when they move to another statePart 3The local authority may register an interstate sentence in Queensland at the request of the interstate authority for the jurisdiction in which the sentence is in force.
- •If a transferred offender breaches their conditions, authorities in the new state can take action locally instead of relying on extraditionClause 18The offender may be dealt with in Queensland for a breach of the sentence, whether the breach happened before, or happens after, the registration of the sentence.
- •Offenders must consent to the transfer and can withdraw consent at any time before registration, but not afterClause 12The offender may withdraw consent to the registration of the interstate sentence at any time before, but not after, its registration.
- •If resentenced for a breach, the penalty from the original state applies — not Queensland's penalty for a similar offenceClause 18(1)(e)The penalty for the relevant offence is taken to be the penalty for the offence under the law of the originating jurisdiction and not the penalty under the law of Queensland.
21/8/2019· Hon M Ryan MPGovernment & ElectionsCommittee: pass
18
Motor Accident Insurance and Other Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Cold-calling people after car accidents to pressure them into making insurance claims is now a criminal offence (Clause 15, section 75 — maximum penalty 300 penalty units)
- •Paying or receiving fees for referring accident victims to lawyers or claims services is now illegal (Clause 15, section 74 — maximum penalty 300 penalty units)
- •The Motor Accident Insurance Commission can now investigate law practices suspected of involvement in claim farming, not just insurers (Clause 25, Part 5B)
- •Law firms convicted of claim farming offences must repay all fees and costs to the claimant (Clause 15, section 77)
14/6/2019· Hon. J Trad MPCost of LivingCommittee: pass (dissent)
Youth Justice and Other Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Children charged with offences now have a clear legal presumption in favour of being released on bail rather than held in custodyClause 10 (new section 48)The court or police officer must decide to release the child. The presumption can only be rebutted where there is an unacceptable risk of failing to appear, reoffending, endangering safety or obstructing justice.
- •Young people can no longer be refused bail just because they lack housing or family supportClause 10 (new section 48AA(7))A court or police officer must not decide there is an unacceptable risk only because the child will not have accommodation or has no apparent family support.
- •Electronic tracking devices are banned on children under all court orders including bail, probation and supervised releaseClauses 16, 21-26 (new section 52A(5) and amendments to ss 193, 204, 221, 228, 269)Resolves legal ambiguity about whether tracking device provisions in the Bail Act apply to children. Existing tracking conditions phase out within 28 days.
- •Police must consider alternatives like warnings before arresting a child for breaching bail conditionsClause 18 (new section 59A)Before arresting a child for a bail breach that is not an offence, police must consider taking no action, issuing a warning, or applying to vary bail.
14/6/2019· Hon D Farmer MPChildren & FamiliesCommittee: pass (dissent)
35
Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •Prisoners serving less than 3 years regain the right to vote in local government elections, aligning Queensland with the High Court's Roach decisionClause 174, s 64 LGEAAmends section 64 to provide that only persons serving a sentence of three years or longer are disqualified from voting.
- •The independent assessor can now investigate local government employees whose conduct is linked to alleged councillor corruption referred by the CCCClause 79, s 150TA LGAExpands the jurisdiction of the independent assessor to include investigation of particular conduct of local government employees connected to councillor corruption complaints.
- •Councillors convicted of integrity offences are disqualified from holding office for 4 years, with more offences now classified as integrity offencesClauses 13 and 121, Schedule 1Prescribes additional offences as integrity offences including campaign account and disclosure return offences, with 4-year disqualification from office upon conviction.
1/5/2019· Hon S Hinchliffe MPGovernment & ElectionsCommittee: pass
25
Criminal Code (Trespass Offences) Amendment Bill 2019
Lapsed- •Three new criminal offences would have been added to the Criminal Code for trespass with intent to cause economic harmClause 5 (new sections 422–424)Introduces aggravated trespass, serious criminal trespass and organised trespass as distinct offences.
- •Penalties of up to 10 years imprisonment and 3,000 penalty units for serious or organised trespassClause 5, sections 423–424Serious criminal trespass and organised trespass carry maximum penalties of 3,000 penalty units or 10 years imprisonment.
- •Organisers of coordinated trespass campaigns — including charity volunteers and directors — could have been criminally liableClause 5, section 424Organisation is defined to include a business and a charity; participant means a director, member or volunteer.
- •Serious and organised trespass charges would have required prosecution in a higher court, not dealt with summarilyClause 6Amends section 552BB to exclude sections 423 and 424 from summary disposition.
1/5/2019· Mr D Last MPBusiness & EconomyRegional QueenslandCommittee: not recommended
Weapons and Other Legislation (Firearms Offences) Amendment Bill 2019
Lapsed- •Discharging a firearm to resist arrest would carry up to 25 years imprisonment, and possessing a weapon to resist arrest up to 15 years (18 years if with others)Clause 3 (new ss 317AA and 317AB)New Criminal Code offences specifically targeting the use of firearms or weapons to resist or prevent lawful arrest or detention.
- •Possessing both a 3D firearm blueprint and a printer or milling machine capable of manufacturing it would be an offence carrying 14 years imprisonmentClause 13 (new s 67A)Defences available for licensed armourers, unsolicited possession, public benefit conduct, and scientific or educational research.
- •The Police Commissioner could issue Firearm Prohibition Orders against high-risk individuals or criminal organisation members, banning them from possessing any firearmClause 14 (new Part 5A, s 141C)Orders reviewable through QCAT. Breach of an FPO carries up to 15 years imprisonment.
- •Police could search without warrant any person or vehicle linked to someone subject to a Firearm Prohibition OrderClauses 6-7 (amendments to ss 30 and 32)The Public Interest Monitor must review the operation of these expanded search powers within 3 years.
1/5/2019· Mr T WattsSafety & EmergencyCommittee: not recommended
Disability Services and Other Legislation (NDIS) Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •People convicted of murder, rape, bestiality, or kidnapping or abduction of a child are now permanently banned from working with people with disabilityClause 47Expands Schedule 4 disqualifying offences to include bestiality, kidnapping of a child, child stealing, abduction of a child under 16, and removes the child-only qualifier for murder and rape.
- •The expanded disqualifying offences apply retrospectively, meaning existing yellow card holders convicted of these offences can have their cards revokedClauses 346-361Transitional provisions provide for cancelling positive notices held by persons convicted of new disqualifying offences committed before commencement.
- •Confidential information including criminal history can now be shared between Queensland and other states' worker screening units to prevent disqualified workers moving across bordersClauses 40-41Amends sections 227 and 228 of the DSA to allow disclosure to the NDIS Commissioner and entities responsible for corresponding laws in other states.
28/3/2019· Hon C O'Rourke MPHealthChildren & FamiliesCommittee: pass
31
Transport Legislation (Road Safety and Other Matters) Amendment Bill 2019
PassedThis bill became law.- •Passengers who dangerously interfere with a vehicle's operation can now be breath and drug tested by policeClause 35, section 80Extends the alcohol and drug testing regime to persons suspected of offences under section 328A of the Criminal Code.
- •Making a false online nomination for a camera offence can result in up to two years imprisonmentClauses 77-78, sections 52-53Maximum penalty of 60 penalty units or 2 years imprisonment for false or misleading online declarations about camera detected offences.
- •Driver licensing disputes must go through internal review before you can appeal to QCATClause 42, section 131Requires reconsideration by the chief executive before proceeding to QCAT, providing a quicker and lower-cost resolution pathway.
13/2/2019· Hon M Bailey MPTransport & RoadsSafety & EmergencyEnvironmentCommittee: pass
39
Police Service Administration (Discipline Reform) and Other Legislation Amendment Bill 2019
Passed (amended)This bill became law after being modified during debate.- •The CCC gains stronger powers to challenge police disciplinary decisions it considers too lenient or improperly handledClause 28 (new Chapter 5, Part 3 of CC Act)The CCC can now apply for QCAT review of any police disciplinary decision, including decisions not to start proceedings — implementing Recommendation 15 of the PCCC Report.
- •Police complaints must now be investigated and acted on within strict timeframes, preventing indefinite delaysSection 7.12Disciplinary proceedings must start within 1 year of the conduct occurring or 6 months of the complaint being received, whichever is later.
- •Police officers who admit to misconduct can have their matter resolved faster through a new abbreviated processDivision 3 (Sections 7.15–7.24)The Abbreviated Disciplinary Proceedings process allows faster resolution where conduct is not in dispute, with CCC approval and the officer's informed consent.
- •All reviews of police discipline decisions are now heard by QCAT, providing independent oversight of the processClause 28 (Section 219O and Schedule 1 of CC Act)Both officers and the CCC can apply to QCAT for review of disciplinary decisions, replacing the previous split between QCAT (misconduct) and the commissioner for police service reviews (breaches of discipline).
13/2/2019· Hon M Ryan MPGovernment & Elections
21
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.- •A new offence of 'child homicide' would have been created, sitting between murder and manslaughter for deaths of children involving violence, sexual abuse, or neglectClause 10 (new s 302A)Child homicide applies where a person unlawfully kills a child in circumstances not constituting murder, where the act involved violence, a sexual offence, or breach of duty of care.
- •Anyone convicted of murdering a child would have faced a mandatory minimum 25-year non-parole period before being eligible for releaseClause 15 (s 305(4A))The court must order that the person not be released until they have served a minimum of 25 or more specified years of imprisonment.
- •Child homicide would have carried mandatory life imprisonment with a minimum 15-year non-parole periodClause 17 (new s 309A)Any person who commits child homicide is liable to imprisonment for life, which cannot be mitigated or varied under any law, with a minimum 15-year non-parole period.
- •Courts could order retrials for child homicide acquittals if fresh and compelling evidence emergedClause 19 (s 678B)Extends the existing retrial-on-fresh-evidence provisions for murder to also cover child homicide.
13/2/2019· Mr D Janetzki MPChildren & FamiliesCommittee: not recommended
30
Criminal Code and Other Legislation Amendment Bill 2019
PassedThis bill became law.- •Murder charges can now be laid where someone causes death with reckless indifference to human life, not just where they intended to killClause 3Inserts new paragraph (aa) into section 302(1) of the Criminal Code to provide that a person is guilty of murder if death is caused by an act done, or omission made, with reckless indifference to human life.
- •The maximum penalty for failing to supply necessaries to a dependant more than doubles from 3 to 7 years imprisonmentClause 4Amends section 324 of the Criminal Code to increase the maximum penalty and reclassify the offence from a misdemeanour to a crime.
- •Offenders convicted of failure to supply necessaries may now be declared serious violent offenders, meaning they must serve at least 80% of their sentence before applying for paroleClause 10Adds section 324 (Failure to supply necessaries) to Schedule 1 (Serious violent offences) of the Penalties and Sentences Act 1992.
- •Victims of neglect offences gain protected witness status so self-represented accused persons cannot cross-examine them directlyClause 7Amends section 21M of the Evidence Act 1977 to include section 324 in the definition of prescribed special offence.
12/2/2019· Hon Y D'Ath MPChildren & FamiliesCommittee: pass (dissent)
37
Civil Liability and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •Survivors of institutional child sexual abuse no longer bear the burden of proving the institution failed them — the institution must prove it took reasonable stepsClause 4, new section 33EThe institution is taken to have breached its duty unless it proves it took all reasonable steps to prevent the abuse.
- •Unincorporated organisations like churches can no longer avoid being sued by hiding behind their legal structureClause 4, new sections 33F-33ICreates a framework for identifying a proper defendant and allows claims against nominees, current office holders, or associated trust trustees.
- •If an institution refuses to nominate a defendant within 120 days, a court can appoint a trustee of an associated trust to stand as defendantClause 4, new section 33HOn application by the claimant, a court may order that the trustee of an associated trust is the institution's nominee if the court is satisfied the order would be appropriate.
- •Institutions cannot escape liability by restructuring, renaming themselves, or incorporating — they are treated as the same institutionClause 4, new section 33OAn institution is taken to be the same institution even if its name, structure, or incorporation status has changed.
15/11/2018· Hon Y D'Ath MPChildren & FamiliesCommittee: pass (dissent)
32
Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •Vehicle buyers can now take disputes worth up to $100,000 to QCAT instead of going to court, saving time and money (Clause 5, new section 50A)
- •QCAT introduces conciliation as a new way to resolve disputes, giving parties another option besides mediation or a full hearing (Clause 31, new sections 66A-66J)
- •If QCAT accidentally dismisses your case, it can now be reinstated rather than requiring you to start over (Clause 29, new subsections 49(5)-(6))
- •QCAT can now stay part of a decision during review rather than only the whole decision, giving more flexibility (Clause 26)
15/11/2018· Hon Y D'Ath MPCost of LivingHousing & Renting
26
Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •If QCAT overturns a decision to refuse someone a blue card, that decision is now automatically put on hold until any appeal is finalisedClause 58, s 354AQCAT's decision to set aside a negative notice does not take effect until the appeal period expires or any appeal is decided or withdrawn, preventing the person from starting work in the interim.
- •Penalties for the most serious blue card offences are increased to up to 500 penalty units or 5 years imprisonmentClause 17, s 176A and s 176JAggravated offences (e.g. a disqualified person or negative notice holder starting in regulated or restricted employment) attract the maximum penalty of 500 penalty units or 5 years imprisonment.
13/11/2018· Hon Y D'Ath MPChildren & FamiliesWork & EmploymentCommittee: pass (dissent)
32
Justice Legislation (Links to Terrorist Activity) Amendment Bill 2018
PassedThis bill became law.- •People convicted of terrorism offences or subject to control orders must now prove exceptional circumstances to get bail, reversing the normal presumption in their favourClause 9 (new s 16A)A court must refuse to grant bail unless satisfied exceptional circumstances exist to justify granting bail.
- •Prisoners with terrorism links face a presumption against parole and may wait up to 200 days for a decision on their applicationClause 13 (new ss 193B-193E)The parole board must refuse to grant parole unless satisfied exceptional circumstances exist, and may defer decisions to obtain terrorism intelligence.
- •Children with terrorism links face a new reverse presumption against bail that did not previously exist under youth justice lawClause 27 (new s 48A)A court must not release the child from custody unless satisfied exceptional circumstances exist to justify releasing the child.
- •Courts can no longer guarantee a parole release date for terrorism-linked offenders sentenced to 3 years or less — only an eligibility date can be setClause 23 (amended s 160B)The court may fix the date the offender is eligible for parole, instead of a date for release on parole.
13/11/2018· Hon Y D'Ath MPSafety & EmergencyCommittee: pass
20
Human Rights Bill 2018
PassedThis bill became law.- •You gain 23 legally protected human rights when dealing with any Queensland government service, including rights to equality, privacy, fair hearings, and freedom of expressionPart 2, Divisions 2 and 3Clauses 15-37 establish civil and political rights drawn from the ICCPR, plus rights to education and health services from the ICESCR.
- •If a government body makes a decision that ignores your human rights, you can complain to the Queensland Human Rights Commission for conciliationPart 4, Division 2Individuals must first complain to the public entity and wait 45 business days, then may escalate to the Commission.
- •You cannot sue for money damages under this Act, but you can add a human rights ground to an existing legal challenge against a government decisionClause 59Relief or remedy on a human rights ground is available only if the person has an independent cause of action. Damages are excluded.
- •Courts must now interpret all Queensland laws in a way that is compatible with human rights wherever possibleClause 48All statutory provisions must, to the extent possible consistent with their purpose, be interpreted in a way compatible with human rights.
31/10/2018· Hon Y D'Ath MPFirst NationsGovernment & ElectionsCommittee: pass (dissent)
21
Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018
PassedThis bill became law.- •People who falsely claim to be registered health practitioners face fines up to $60,000 and up to 3 years in prison, double the previous penaltiesClauses 8-16, 20Maximum penalties doubled from $30,000 to $60,000 for individuals and from $60,000 to $120,000 for body corporates, with 3 years imprisonment introduced.
- •Holding out offences become indictable, meaning the most serious cases can be tried before a jury with higher penaltiesClause 21, new section 241AOffences can proceed summarily or on indictment depending on the seriousness of the case.
31/10/2018· Hon S Miles MPHealthCommittee: pass
29
Civil Liability (Institutional Child Abuse) Amendment Bill 2018
WithdrawnThis bill was withdrawn from consideration and will not become law.- •Survivors of institutional child abuse would have had clearer legal pathways to sue institutions for historical abuseClause 3, s 49D(2)The duty of care applies whether the child abuse was perpetrated before or after commencement.
- •Institutions that cannot be sued or lack assets would have to nominate a proper defendant with the financial means to pay compensationClause 3, s 49EThe institution must nominate an appropriate entity as the defendant that is capable of being sued and in a financial position to meet the claim.
- •Property trusts associated with institutions could be accessed to pay compensation to survivors, capped at the trust's valueClause 3, s 49FThe trustee is responsible in law for any liability arising out of a breach of the institution's duty of care, limited to the value of the trust property.
- •Limitation periods are removed for the broader definition of child abuse, not just sexual abuseClause 6Amends s 11A of the Limitation of Actions Act 1974 so the exemption from limitation periods applies to child abuse more broadly.
31/10/2018· Mr M Berkman MPChildren & FamiliesCommittee: not recommended
1
Anti-Discrimination (Right to Use Gender-Specific Language) Amendment Bill 2018
DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.- •Would have created a new category of prohibited discrimination protecting people who use traditional binary gender language like 'he', 'she', 'husband' or 'wife'Clause 3 (new section 8A)The Act prohibits discrimination, including direct discrimination and indirect discrimination, on the basis of the use of gender-specific language.
- •Discrimination complaints about gender language use would have been handled through the same process as existing anti-discrimination complaintsClause 3 (new section 8A)The procedures for complaint under, and enforcement of, these new discrimination categories are the same as existing categories and covered under Chapter 7 of the Act.
- •Exceptions would have still applied if gender-specific language was used to sexually harass, unlawfully discriminate, or intentionally offend or intimidate someoneClause 3 (new section 8A(2))Subsection (1) does not apply to the use of gender-specific language in a way that is, or causes, sexual harassment; or in a way that is unlawful discrimination on the basis of an attribute; or with the intention of offending, humiliating or intimidating another person.
19/9/2018· Mr R Katter MPWork & EmploymentEducationCommittee: not recommended
15
Protecting Queenslanders from Violent and Child Sex Offenders Amendment Bill 2018
Lapsed- •Courts would no longer be able to set an end date on supervision orders for dangerous sex offenders — orders would run indefinitelyClause 6Omits section 13A which allowed courts to fix a period for supervision orders.
- •Courts could find an offender dangerous even if the chance of reoffending was assessed as less than 50 per centClause 5The court may be satisfied a prisoner is a serious danger even if the likelihood of committing a serious sexual offence is less than more than likely than not.
- •Repeat sex offenders would automatically be subject to supervision by operation of law, without needing a court orderClause 10, s 43ALA repeat offender is, by operation of law and without specific order, subject to indeterminate supervision requirements.
- •The Attorney-General would be required to review these amendments three years after commencement and table a report in ParliamentClause 11, s 51A
19/9/2018· Mr D Janetzki MPSafety & EmergencyChildren & FamiliesCommittee: not recommended
10
Revenue and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •People with SPER debts can access work and development orders earlier, before their debt goes to enforcementClause 62Defines 'WDO eligible amount' to include amounts payable under an enforcement order within the 28-day payment period, as well as enforceable amounts.
- •When you pay a SPER debt, compensation and restitution to victims is paid first before finesClause 70 (new Part 4A)Establishes a single payment priority order: compensation, restitution, damages, fixed penalty portions, offender levy, court fees, then fines.
- •SPER debtors experiencing genuine hardship have clearer rules for discharging debts through non-monetary meansClauses 62-69Removes inconsistencies between sections relating to work and development orders, clarifying eligibility and review rights.
22/8/2018· Hon J Trad MPGovernment & ElectionsFirst NationsCommittee: pass
20
Termination of Pregnancy Bill 2018
PassedThis bill became law.- •Women can no longer be criminally charged for terminating their own pregnancy, removing penalties that were up to 7 years imprisonmentClause 10A woman who consents to, assists in, or performs a termination on herself does not commit an offence.
- •Criminal Code sections 224-226 repealed, removing century-old offences carrying up to 14 years imprisonment for terminationsClause 22Sections 224 to 226 of the Criminal Code are omitted.
- •Unqualified persons who perform or assist in terminations face up to 7 years imprisonment, protecting women from unregulated proceduresClause 25 (new s 319A)An unqualified person who performs a termination on a woman commits a crime with a maximum penalty of 7 years imprisonment.
22/8/2018· Hon Y D'Ath MPHealthCommittee: pass (dissent)
61
Criminal Code (Non-consensual Sharing of Intimate Images) Amendment Bill 2018
PassedThis bill became law.- •Sharing someone's intimate images without their consent is now a criminal offence carrying up to 3 years in prisonClause 5 (new s 223)A person who distributes an intimate image of another person without consent, in a way that would cause distress reasonably arising in all the circumstances, commits a misdemeanour.
- •Threatening to share intimate images is also a crime, even if the images do not actually existClause 9 (new s 229A)It is immaterial whether the intimate image or prohibited visual recording exists or does not exist.
- •Courts can order offenders to remove, delete or destroy shared images, with up to 2 years imprisonment for non-complianceClause 9 (new s 229AA)The court may order the person to take reasonable action to remove, retract, recover, delete or destroy an intimate image within a stated period.
- •Penalties for existing privacy breach offences such as voyeurism and distributing secret recordings increased from 2 to 3 years imprisonmentClauses 6-7 (ss 227A, 227B)Maximum penalty for offences under sections 227A and 227B increased from two years to three years imprisonment.
22/8/2018· Hon Y D'Ath MPTechnology & DigitalCommittee: pass
36
Local Government (Dissolution of Ipswich City Council) Bill 2018
PassedThis bill became law.- •Decisions about the interim administrator appointment were shielded from court challenge except for jurisdictional errorClause 6Unless the Supreme Court decides a decision is affected by jurisdictional error, the decision is final and conclusive and cannot be challenged under the Judicial Review Act 1991 or otherwise.
- •All councillors lost their positions regardless of whether they were personally charged with corruption offences, with no compensationClause 4The dissolution impacts all councillors irrespective of whether allegations or charges have been made against all of them. The Bill does not contemplate any compensation for former councillors.
21/8/2018· Hon S Hinchliffe MPGovernment & ElectionsCommittee: pass
22
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018
Passed (amended)This bill became law after being modified during debate.- •Survivors of institutional child sexual abuse can apply for redress without needing to go through the courtsPart 2, Clause 3The bill adopts the Commonwealth National Redress Act, providing an alternative to civil litigation for survivors.
- •Accepting a redress offer releases the institution from civil liability for the abuse, so survivors should seek legal advice before acceptingSchedule 1, Section 43The National Redress Act provides that accepting an offer of redress releases and discharges the responsible institution from civil liability.
- •Redress payments will not reduce any victim assistance you receive under Queensland's Victims of Crime Assistance ActClause 18Amends the definition of 'relevant payment' in the Victims of Crime Assistance Act 2009 to exclude National Redress Scheme payments.
12/6/2018· Hon D Farmer MPChildren & FamiliesCommittee: pass (dissent)
14
Police Powers and Responsibilities and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •Police can now apply for court orders to unlock phones and computers seized at crime scenes, with up to 5 years imprisonment for refusing to complyClause 25 (new s 178A)A Supreme Court judge or magistrate may make an access information order for a storage device at or seized from a crime scene.
- •Crime scenes can now be declared for a broader range of offences including unlawful stalking and repeat domestic violence order breachesClause 23 (new s 163A)Crime scene threshold offence lowered from indictable offence with maximum penalty of 7 years to 4 years imprisonment.
- •Vehicle owners whose car is used in an evade police offence must provide detailed information about who had access to the vehicle or face a fine of up to 100 penalty unitsClauses 39-40 (ss 755, 755A)New offence for failing to give a statutory declaration within 14 business days, with maximum penalty of 100 penalty units.
- •Parole Board Queensland can cancel a serious offender's parole more quickly, with three members instead of five needed for the decisionClause 9 (s 234)Allows PBQ sitting as three members to cancel a prescribed prisoner's parole order, matching the threshold already required for suspension.
12/6/2018· Hon M Ryan MPSafety & EmergencyChildren & FamiliesCommittee: pass
34
Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •Providing false information on a criminal history consent form carries a penalty of up to 100 penalty unitsClause 3, new section 13J and Clause 10, new section 47HA person must not give a consent or document that they know contains false or misleading information. Maximum penalty: 100 penalty units.
- •Unauthorised disclosure of a person's criminal history information is a criminal offence with a penalty of up to 100 penalty unitsClause 3, new section 13K and Clause 10, new section 47ICriminal history information can only be disclosed for suitability assessments, with the individual's consent, or as otherwise required by law.
- •Police and prosecutors must notify the Director-General or Clerk within 7 days if a staff member is charged with, committed for, or convicted of an indictable offenceClause 3, new section 13I and Clause 10, new section 47GThe prosecuting authority must provide the person's name, court details, offence particulars, and outcome within 7 days of each event.
15/5/2018· Hon A Palaszczuk MPGovernment & ElectionsCommittee: pass
10
Births, Deaths and Marriages Registration Amendment Bill 2018
PassedThis bill became law.- •Married transgender people can now update their birth certificate without having to divorce firstClause 3Amends section 22 of the BDMR Act to remove the requirement that a person not be married to have the reassignment of their sex noted on the register of births or adopted children register.
- •Applicants no longer need to provide proof that they are unmarried when applying to update their recordsClause 6Omits section 12(2)(d) from the BDMR Regulation, removing the requirement to provide evidence of not being married.
- •People who had already applied but were waiting for a decision benefit from the new rules tooClause 4Transitional provision ensures applications made but not yet decided at commencement are assessed without the marriage restriction.
7/3/2018· Hon Y D'Ath MPCommittee: pass
10
Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •Attempting to circumvent the property developer donation ban is a criminal offence carrying up to 10 years imprisonmentClause 15, s 307B and Clause 32, s 194BKnowingly participating in a scheme to circumvent the donation prohibition carries a maximum penalty of 1,500 penalty units or 10 years imprisonment.
- •It is now a criminal offence for a councillor with a conflict of interest to try to influence another councillor's vote or a council employee's decisionClause 24, s 175IMaximum penalty of 200 penalty units or 2 years imprisonment for influencing or attempting to influence votes or decisions while conflicted.
- •Councillors who fail to report another councillor's suspected conflict of interest face misconduct proceedingsClause 24, s 175GCouncillors must report suspected conflicts of interest to the meeting chair; failure to do so constitutes misconduct under s 176(3)(d).
6/3/2018· Hon S Hinchliffe MPGovernment & ElectionsCommittee: pass (dissent)
56
Tow Truck and Other Legislation Amendment Bill 2018
PassedThis bill became law.- •17-year-old drivers who commit serious driving offences like drink driving will again face mandatory licence disqualification, same as adult driversClause 47, new section 254(3A)If a child aged at least 17 years is found guilty of an offence for which an adult would be disqualified by operation of law, the child is also disqualified to the same extent.
- •Unpaid demerit point fines for 17-year-olds can again be enforced through SPER, and demerit points recorded on their traffic historyClause 24, new section 5(2)If a child aged at least 17 years is served with an infringement notice for a transport demerit points offence, the SPE Act applies to the child in the same way it applies to an adult.
15/2/2018· Hon M Bailey MPTransport & RoadsCost of LivingCommittee: pass
41
Police and Other Legislation (Identity and Biometric Capability) Amendment Bill 2018
PassedThis bill became law.- •Police can now access your driver licence photo to investigate serious crimes like terrorism and murder without needing a justice's approvalClauses 11 and 23Removes the requirement for QPS to obtain an access approval order from a justice before accessing TMR digital images for non-transport law enforcement purposes.
- •Maximum penalties for unlawfully making or possessing explosives increased from 2-3 years to 7 years imprisonmentClauses 5 and 6Increases maximum penalties for sections 470A and 540 of the Criminal Code to 7 years imprisonment and expands section 470A to cover making or possessing explosives.
- •Anyone who misuses identity information obtained through the national matching system faces a penalty of up to 100 penalty unitsClause 24, section 28EQCreates an offence for collecting, using or disclosing identity information for a purpose other than a permitted purpose.
15/2/2018· Hon M Ryan MPSafety & EmergencyTechnology & DigitalCommittee: pass
22
Crime and Corruption and Other Legislation Amendment Bill 2018
Passed (amended)This bill became law after being modified during debate.- •The anti-corruption watchdog can now investigate a wider range of corrupt conduct, including by private citizens involved in government dealingsClause 5Widens the definition of corrupt conduct to include conduct that impairs public confidence in public administration, covering collusive tendering, licence fraud, misuse of public funds, and tax evasion.
- •The CCC can proactively investigate conduct that could allow, encourage or cause corruption, not just corruption itselfClause 7Expands the Commission's corruption functions to include investigating conduct liable to allow, encourage or cause corrupt conduct, and conduct connected with corrupt conduct.
- •If you are named in a CCC report tabled in Parliament, the Commission must give you a chance to respond before publishing adverse comments about youClause 17The Commission must not make an adverse comment unless it first gives the person an opportunity to make submissions, and must fairly state those submissions in the report.
- •Evidence obtained indirectly from compelled testimony at CCC hearings can now be used in court proceedings against the personClause 18Expressly authorises derivative use of compelled evidence, while maintaining the existing protection that the actual compelled answer cannot be used directly.
15/2/2018· Hon Y D'Ath MPGovernment & ElectionsCommittee: pass
34
Guardianship and Administration and Other Legislation Amendment Bill 2018
PassedThis bill became law.- •People who report abuse or neglect of vulnerable adults now have stronger legal protection from retaliation, including the right to claim damagesClauses 39-40Creates a new indictable offence of taking a reprisal against a whistleblower, with a maximum penalty of 167 penalty units or two years imprisonment.
- •QCAT can now order former attorneys and administrators to pay compensation for financial losses even after the vulnerable person has diedClauses 25 and 74Clarifies that QCAT's jurisdiction to order compensation continues after the appointment ends or the adult dies, removing the need for costly court proceedings.
- •Decision-makers for adults with impaired capacity must follow new human rights principles aligned with the UN Convention on the Rights of Persons with DisabilitiesClause 8New general principles require that decisions promote and safeguard the adult's rights, interests and opportunities in the least restrictive way.
- •Families of missing persons can now apply to QCAT to have someone appointed to manage the missing person's finances and protect their assetsClause 9QCAT may appoint an administrator if the person has been missing for at least 90 days and their financial interests would be adversely affected.
15/2/2018· Hon Y D'Ath MPSeniorsHealthCommittee: pass (dissent)
24
55th Parliament (2015–2017)79 bills
Local Government Electoral (Implementing Belcarra) and Other Legislation Amendment Bill 2017
Lapsed- •Making or accepting a property developer donation can lead to up to 2 years in jail or a fine of 400 penalty unitsClauses 15 and 32 (new s 307A Electoral Act, new s 194A LGEA)A person who knows or ought reasonably to know the facts faces a maximum penalty of 400 penalty units or 2 years' imprisonment for the indictable offence.
- •Schemes designed to get around the donation ban carry up to 10 years' imprisonmentClauses 15 and 32 (new s 307B Electoral Act, new s 194B LGEA)A person must not knowingly participate, directly or indirectly, in a scheme to circumvent the prohibition; maximum penalty 1,500 penalty units or 10 years' imprisonment.
- •Councillors who try to influence another councillor's vote, or a council employee or contractor, on a matter they have a personal interest in face up to 2 years' imprisonmentClauses 6 and 24 (new s 177I COBA, new s 175I LGA)Maximum penalty 200 penalty units or 2 years' imprisonment, and the offence is an integrity offence triggering 4-year disqualification.
- •Taking retaliatory action against a councillor who reports another councillor's conflict of interest is a new criminal offenceClauses 6 and 24 (new s 177H COBA, new s 175H LGA)Threats, intimidation, harassment or other detrimental action attract a maximum penalty of 167 penalty units or 2 years' imprisonment.
12/10/2017· Hon A Palaszczuk MPGovernment & ElectionsHousing & Renting
Civil Liability (Institutional Child Abuse) Amendment Bill 2017
Lapsed- •Survivors of institutional child abuse would have a clearer legal right to sue the institution responsibleClause 3 (new section 49D)Creates a non-delegable duty of care requiring institutions to ensure relevant children do not suffer child abuse perpetrated by an official of the institution.
- •Institutions would have to prove they took reasonable precautions, rather than victims proving the institution was negligentClause 3 (new section 49D(2))It is a defence if the defendant proves the institution took reasonable precautions and exercised due diligence to prevent the abuse.
- •Unincorporated organisations like some churches could no longer avoid lawsuits by claiming they cannot be suedClause 3 (new section 49E)An institution not capable in law of being sued must nominate an appropriate entity that is related, suable, and in a financial position to meet a claim.
- •Unpaid compensation could be recovered from property held on trust for the institutionClause 3 (new section 49F)Where an institution benefits from trust property, the trustee becomes liable for the judgment debt in that capacity.
10/10/2017· Mr R Pyne MPChildren & Families
Local Government (Councillor Complaints) and Other Legislation Amendment Bill 2017
Lapsed- •A new Councillor Conduct Tribunal hears serious misconduct cases and can order councillors to apologise, forfeit allowances, or recommend they be sackedNew sections 150DK, 150ARThe tribunal can make orders ranging from reprimand and counselling to recommending suspension or dismissal from office.
- •Councillor conduct decisions can now be appealed — the old ban on appeals has been scrappedClause 15 / new section 150ATRepeals chapter 6 part 2 division 2 and allows a councillor or the Assessor to apply to QCAT to review tribunal misconduct decisions.
- •Making a vexatious or frivolous complaint about a councillor can now cost you up to 85 penalty unitsNew sections 150AU, 150AVIncreases the maximum penalty from 10 to 85 penalty units, modelled on equivalent offences in the Crime and Corruption Act 2001.
- •The Independent Assessor's investigators have similar powers to corruption investigators, including entering places with consent or a warrant and compelling answers to questionsNew chapter 5A, part 4Investigators can enter premises, search, seize evidence, require information and require attendance to answer questions, with natural-justice safeguards.
10/10/2017· Hon M Furner MPGovernment & Elections
Guardianship and Administration and Other Legislation Amendment Bill 2017
Lapsed- •QCAT can appoint someone to look after the finances of an adult who has gone missing, protecting their assets before the seven year presumption of death kicks inClause 9New sections 12A and 12B GAA let QCAT appoint an administrator for the financial matters of a missing adult.
- •Reporting suspected abuse, neglect or exploitation of a person with impaired capacity is now legally protected, not just reports of actual breaches of the ActClause 39Amends section 247 GAA to cover honest reports about suspected exploitation, abuse or neglect.
- •Anyone who retaliates against a whistleblower can be prosecuted (up to two years imprisonment) and sued for damagesClause 40New sections 247A-247C GAA create a reprisal offence with maximum penalty of 167 penalty units or 2 years imprisonment, plus a tort for damages.
- •Your views, wishes and preferences must be sought and taken into account in guardianship tribunal decisions, using supported decision-makingClauses 8 and 30New chapter 2A GAA sets out rewritten general and health care principles aligned with the UN Convention on the Rights of Persons with Disabilities.
5/9/2017· Hon Y D'Ath MPHealthSeniorsGovernment & Elections
Building Industry Fairness (Security of Payment) Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Unlicensed building work now carries escalating penalties up to 350 penalty units and 1 year imprisonment, and counts as a crime for repeat offenders or tier 1 defective workClauses 260-263Amends sections 42, 42B, 42C and 42D of the QBCC Act to introduce escalating penalties and imprisonment for third or later offences.
- •Deliberately avoiding a building contract and causing another party significant financial loss is a new offence carrying up to 350 penalty unitsClause 264 (new s42E)Targets poor payment practices and phoenixing that causes significant financial loss.
- •The 'influential person' test now catches anyone who controls a company through a spouse, nominee or instruction, closing a gap that let banned operators keep running businessesClause 252 (new s4AAA)Expanded definition includes people who give instructions to officers, control 50% or more of shares, or make decisions affecting the business.
- •Being a director within 2 years before a company failure, anywhere in Australia, can now exclude you from getting a QBCC licenceClause 271Strengthens excluded individuals provisions and broadens 'construction company' to include interstate operations.
22/8/2017· Hon M de Brenni MPWork & EmploymentBusiness & EconomyCommittee: pass (dissent)
Tow Truck and Other Legislation Amendment Bill 2017
Lapsed- •Seventeen-year-olds still face automatic licence disqualifications for serious driving offences like drink driving and dangerous drivingClause 46 (s 254 YJ Act)Inserts new s 254(3A) so that a child aged at least 17 is disqualified to the same extent as if they had been convicted as an adult.
- •Unpaid traffic fines for 17-year-olds can still be enforced by SPERClauses 24, 25 (SPE Act ss 5, 195)Amends s 5 of the SPE Act so it applies to 17-year-olds for transport demerit point offences, and preserves enforcement of existing SPER debts through transitional provision s 195.
- •Demerit points continue to be recorded against 17-year-olds' traffic historiesClause 24Defines transport demerit points offence and applies SPER enforcement so demerit points can continue to accumulate for 17-year-olds who leave infringement notices unpaid.
- •Tow truck operators who break the new rules can face fines of up to $20,000 or more for operating without a licenceClauses 5, 11, 19Maximum penalty for operating an unlicensed tow truck rises to 160 penalty units and for towing without a driver's or assistant's certificate to 80 penalty units.
22/8/2017· Hon Dr S Miles MPTransport & RoadsCost of LivingCommittee: pass
Work Health and Safety and Other Legislation Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Industrial manslaughter prosecutions have no limitation period, so a deadly workplace incident can be prosecuted years laterClause 11Section 232(1)'s standard limitation periods for WHS prosecutions do not apply to proceedings for industrial manslaughter offences.
- •An independent WHS Prosecutor now decides whether to bring workplace safety charges, free from ministerial directionClause 51 (new Schedule 2 Part 4)Establishes the Work Health and Safety Prosecutor, appointed by the Governor in Council for up to 5 years and not under the control of the Minister.
- •Employers can no longer escape prosecution through an enforceable undertaking if the incident involved a worker's deathClause 7Expands section 216(2) to prevent WHS undertakings being accepted for category 2 offences causing death or industrial manslaughter offences.
22/8/2017· Hon G Grace MPWork & EmploymentSafety & Emergency
Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017
PassedThis bill became law.- •Some offenders with severe drug or alcohol addiction can have their prison sentence suspended while they complete a court-supervised treatment programClause 35 (new Part 8A)New Part 8A of the Penalties and Sentences Act allows a designated Magistrates Court to suspend a sentence of up to 4 years imprisonment while the offender completes a rehabilitation program of at least 2 years.
- •An old criminal conviction with a head sentence of more than 30 months must now be disclosed forever, even if you never actually went to jailClauses 8 and 9A rehabilitation period applies only if no term of imprisonment was imposed or a term of not more than 30 months was imposed; change applies retrospectively.
- •If you are an alleged victim of choking, suffocation or strangulation by a partner, a self-represented accused cannot cross-examine you directly in courtClause 18Adds section 315A of the Criminal Code to the definition of 'prescribed special offence' in the Evidence Act, triggering protected witness provisions.
- •You cannot appeal most decisions a court makes about your treatment order, including a decision not to give you oneNew section 151ZDNo appeal lies against decisions not to make, revoke, amend or cancel a treatment order, despite section 222 of the Justices Act.
10/8/2017· Hon Y D'Ath MPHealthTechnology & DigitalCommittee: pass
Child Protection Reform Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Children who are witnesses in sexual or violent offence cases cannot be named publicly, including during bail and committal hearings, unless a court allows itClause 74 (s 193)Extends the automatic publication ban to all proceedings for sexual or violent offences where a child is or is likely to be a witness, from the time the originating process is filed.
- •Police investigating a child's death can require the department to hand over information, including the identity of the person who first reported harmClause 71 (new s 188E)Obliges the chief executive to comply with a written request from the police commissioner for information about a deceased child, with a duty to flag notifier details so police can manage any risks.
- •Only the government's child protection litigation director can apply to vary or cancel a permanent care order — birth parents cannotClause 38 (new s 65AA)Restricts applications to vary or revoke a permanent care order to the litigation director, who can only act if the child has suffered or is at risk of significant harm or the guardian is significantly breaching obligations.
9/8/2017· Hon S Fentiman MPChildren & FamiliesFirst NationsCommittee: pass
Workers' Compensation and Rehabilitation (Coal Workers' Pneumoconiosis) and Other Legislation Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Dangerous electricians can have their licence suspended on the spot after a death or grievous injuryClause 9 (new s 121AA)The regulator may immediately suspend an electrical work licence if it reasonably believes the licensee's work may have caused death or grievous bodily harm, or involves an imminent serious risk to health or safety.
- •Suspended electricians get a disciplinary hearing within about three weeks and can appeal the outcome to QCATClauses 9 and 12 (new ss 121AD-121AE, s 172)The Electrical Licensing Committee must give a hearing notice within 10 business days and hold the hearing within a further 5-10 business days; the final decision is reviewable by QCAT.
- •The electrical regulator can check with past employers and training providers before issuing a licenceClause 10Section 122C is amended to let the regulator obtain information from a 'relevant person' including past employers and registered training organisations when deciding an electrical licence application.
14/6/2017· Hon G Grace MPWork & EmploymentHealthCommittee: pass
Counter-Terrorism and Other Legislation Amendment Bill 2017
PassedThis bill became law.- •If caught up in a declared police emergency, you can be required to unlock your phone or give police your password, and refusing is a criminal offence even if doing so would incriminate youClause 35 (new s 8AZE) and Clause 37 (new s 8PAB)Maximum penalty 40 penalty units or 1 year's imprisonment; self-incrimination is excluded as a reasonable excuse.
- •Police can now take your photograph and electronically fingerprint you in an emergency area to confirm your identity, with biometrics to be destroyed when no longer neededClause 35 (new s 8AZD) and Clause 37 (new s 8PAA)
- •Preventative detention orders can now be issued based on whether you are 'capable' of a terrorist act within 14 days, rather than requiring proof the act is imminentClause 45Replaces the 'imminence test' with a capability and 14-day temporal test, mirroring Commonwealth amendments made in November 2016.
- •Police can enter your home at any hour of the day or night on a 'reasonable suspicion' (not 'reasonable belief') to take you into custody under a preventative detention orderClause 46Removes the 9pm-6am restriction on entry into dwellings and lowers the threshold from 'believes' to 'suspects' on reasonable grounds.
14/6/2017· Hon M Ryan MPSafety & EmergencyTechnology & DigitalCommittee: pass
Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2017
PassedThis bill became law.- •Someone deregistered for serious misconduct can be banned from providing any health service, not just the one they were trained in, permanently or for a set periodClauses 36, 76, 77Amends section 196(4)(b) of the National Law and sections 107(4) and 113(4) of the Health Ombudsman Act so QCAT can prohibit a person from any or a specified health service or title.
- •Breaking a prohibition order becomes a criminal offence, with fines of up to $30,000 for individualsClause 37 (new section 196A)Creates an offence to contravene a prohibition order (maximum $30,000), with extra penalties of up to $5,000 for not telling patients or employers, and $10,000 for bodies corporate advertising without disclosing the order.
- •If a health panel suspends a practitioner, it must set a date to review the suspension, giving the practitioner certainty their case will be reconsideredClauses 33 and 34New section 191(4A), 191A and 191B require panels to set a 'reconsideration date' and allow earlier or later reconsideration in defined circumstances.
- •Practitioners can ask the Health Ombudsman to vary an immediate suspension or prohibition order instead of having to go straight to QCAT for reviewClause 66 (new section 58B) and Clause 70 (new section 68B)Provides a quicker and cheaper internal review route, with QCAT review still available if the practitioner disagrees with the decision.
13/6/2017· Hon CR Dick MPHealthSafety & EmergencyCommittee: pass
Labour Hire Licensing Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Operating as an unlicensed labour hire provider can mean up to three years in prison for an individual or fines of 3,000 penalty units for a companyClause 10A person must not provide labour hire services unless the person is the holder of a licence; maximum penalty 1,034 penalty units or 3 years imprisonment for an individual, 3,000 penalty units for a corporation.
- •Businesses that knowingly use an unlicensed labour hire provider face the same top-tier penalties as the provider itselfClause 11A person must not, without a reasonable excuse, enter into an arrangement with an unlicensed provider; maximum penalty 1,034 penalty units or 3 years imprisonment for an individual.
- •Arrangements designed to dodge the scheme's obligations are an offence in their own right, catching both sides of the dealClause 12A person must not enter into an avoidance arrangement for the supply of a worker if they know, or ought reasonably to know, the arrangement is designed to circumvent or avoid an obligation imposed by this Act.
- •Inspectors can enter workplaces without consent, seize evidence and demand documents, with decisions reviewable at QCATPart 6 and Part 8Inspectors may enter a workplace without the occupier's consent or a warrant when it is open for business, and most licensing decisions can be reviewed internally and then appealed to QCAT.
25/5/2017· Hon G Grace MPWork & EmploymentRegional Queensland
Corrective Services (No Body, No Parole) Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •If a loved one was murdered and their body never found, the killer cannot get parole unless they cooperate with police to help locate the remainsClause 4 (new s 193A)The parole board must refuse to grant the application under section 193 unless the board is satisfied the prisoner has cooperated satisfactorily in the investigation of the offence to identify the victim's location.
- •The rule covers murder, manslaughter, accessory after the fact to murder, and conspiring to murderClause 4 (new s 193A(8))Homicide offence means an offence against sections 302, 305, 303, 310, 307 or 309 of the Criminal Code, or counselling, procuring or conspiring to commit those offences.
- •Police must give the Parole Board a written report rating how truthful, timely and useful the prisoner's cooperation has beenClause 4 (new s 193A(6))The commissioner must give a written report stating whether the prisoner has cooperated and evaluating the nature, extent, timeliness, truthfulness, completeness, reliability, significance and usefulness of that cooperation.
- •The new rule applies to prisoners convicted before the Act started, not just new cases, so families of past victims may also benefitClause 5 (new s 490U)Section 193A applies to a prisoner's application for a parole order whether the prisoner was convicted of, or sentenced for, the offence before or after the commencement.
23/5/2017· Hon Y D'Ath MPCommittee: pass
Transport and Other Legislation Amendment Bill 2017
PassedThis bill became law.- •A conviction for attempted rape disqualifies a person from driving taxis, rideshare or other public passenger vehicles, regardless of whether the victim was a child or an adultClause 69Schedule 1A is amended to remove the qualification 'if the offence was committed against a child', making attempted rape a Category A driver disqualifying offence in all cases.
- •Public passenger drivers already convicted of attempted rape cannot renew their driver authorisation, and any pending appeal or application is cancelled when the law startsClause 68 (new s 217)Pending applications are terminated, entitlements arising from existing decisions are extinguished, and existing authorisations continue only for the term of the current authorisation.
- •The maximum fine for leaking confidential transport security information rises from 60 to 200 penalty unitsClause 96Section 57 of the Transport Security (Counter-Terrorism) Act 2008 is amended to replace 60 penalty units with 200 penalty units.
23/5/2017· Hon J Trad MPTransport & RoadsChildren & FamiliesGovernment & ElectionsCommittee: pass
Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017
Passed (amended)This bill became law after being modified during debate.- •If you were convicted before 1991 of consensual adult homosexual activity, you can apply to have the conviction or charge wiped from your criminal recordClause 11An eligible person may apply to the chief executive for a conviction or charge of the eligible person for an eligible offence to be expunged.
- •Once expunged, you can lawfully say you were never convicted and you don't have to disclose the charge on forms or under oathClause 24It is lawful for the person to claim, on oath or otherwise, including in a proceeding before any court or tribunal, that the person was not convicted of, or charged with, the offence.
- •Families can apply on behalf of a relative who died after 1991, including spouses, parents, adult children, siblings or close-relationship partnersClause 11(3)If the eligible person died after 19 January 1991, the application may be made by the personal representative, spouse, parent, adult child, adult sibling, or a person in a close personal relationship with them.
- •If your application is refused you can ask QCAT to review the decision, and you can re-apply if new evidence becomes availableClauses 23 and 36A person given a QCAT information notice may apply to QCAT for a review of the decision.
11/5/2017· Hon Y D'Ath MPWork & EmploymentCommittee: pass (dissent)
Crime and Corruption and Other Legislation Amendment Bill 2017
Lapsed- •You can be investigated by the CCC for fraud, collusive tendering or evading State tax, even if you don't work for governmentClause 5New section 15(2) extends corrupt conduct to any person whose conduct impairs or could impair public confidence in public administration through collusive tendering, licence or permit fraud, dishonestly obtaining public funds, evading State tax, or fraudulently obtaining an appointment.
- •If the CCC proposes to publish damaging comments about you, it must give you a chance to respond first and fairly state your responseClause 17New section 71A requires the Commission to give the person an opportunity to make submissions before making an adverse comment in a report tabled in the Legislative Assembly or published to the public.
- •You have 28 days, instead of 14, to ask QCAT to review a CCC decision that affects youClause 21Section 219G(2) is amended by replacing '14 days' with '28 days', aligning with the standard QCAT review timeframe.
- •The CCC can investigate conduct that leads to or is connected with corruption, using its full coercive powers including compelled hearingsClause 7New section 33(2) expands the Commission's corruption functions to include investigating conduct liable to allow, encourage or cause corrupt conduct, and conduct connected with corrupt conduct.
23/3/2017· Hon Y D'Ath MPGovernment & ElectionsCommittee: pass (dissent)
Court and Civil Legislation Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •If you win a case at QCAT, enforcing the decision becomes simpler because you no longer need a certified copy from the QCAT registryClause 217 (new ss 131-132)A copy of a QCAT final decision filed in the registry of a court is taken to be a money or non-money order of that court and may be enforced accordingly.
- •If you are convicted of a domestic violence offence, the conviction will now be marked as such on your criminal history automatically, without the court needing to make a separate orderClause 189Allows domestic violence notations to be administratively made where the charge has been noted as a domestic violence offence, unless the court orders otherwise.
- •If you complain to the Queensland Ombudsman, it is now an offence for someone to threaten or retaliate against you, with a maximum penalty of 100 penalty unitsClause 177Replaces section 47 so that a person must not cause or threaten detriment to another because they have, or may, complain to or help the Ombudsman.
- •If you have been declared a vexatious litigant, the Supreme Court can now dismiss your applications for leave without holding an oral hearingClause 255Allows the Supreme Court to dismiss applications under section 12 on the papers, with the order and reasons given to the applicant.
23/3/2017· Hon Y D'Ath MPGovernment & ElectionsChildren & FamiliesCommittee: pass (dissent)
Child Protection and Education Legislation (Reporting of Abuse) Amendment Bill 2017
Lapsed- •Religious ministers could have been fined up to 20 penalty units for failing to report suspected child sexual abuseClauses 6-9Maximum penalty of 20 penalty units applies to a religious representative who does not give a written report to a police officer immediately.
- •The bill deliberately did not exempt information heard in religious confession from the duty to reportThe explanatory notes state the bill does not include the confessional as an exception from mandatory reporting.
- •Reports about suspected abuse would have gone directly to Queensland Police, not to a church authorityClauses 6-9Religious representatives must give a written report about the abuse, or suspected abuse, to a police officer immediately.
21/3/2017· Mr R Pyne MPChildren & FamiliesEducation
Honourable Angelo Vasta (Reversal of Removal) Bill 2017
Lapsed- •Parliament would have formally declared a past removal of a Supreme Court judge invalid, treating it as if it never happenedClause 3(1)(a)-(b)Declares both that the 1989 Commission findings did not warrant removal and that the exercise of the power to remove is invalid and taken to have never happened.
- •The judge would have been treated as having retired under the modern Supreme Court Act rather than being dismissedClause 3(1)(d)Deems Justice Vasta to have retired under section 21(1) of the Supreme Court of Queensland Act 1991.
- •The bill would not reinstate the judge to the bench, as he was already past the statutory retiring ageExplanatory notes state the Bill 'does not reinstate Mr Vasta as a judge as the Judge is now aged 76 and beyond the statutory retiring age for a Supreme Court judge.'
2/3/2017· Mr R Katter MPGovernment & ElectionsCommittee: not recommended
State Penalties Enforcement Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •If you have unpaid fines and can't afford to pay, you can clear them by doing unpaid work, attending treatment, counselling or a life skills course through an approved community organisationClause 24 (new Part 3B, s 32G)A work and development order requires a person to undertake unpaid work, medical or mental health treatment, educational courses, counselling, drug or alcohol treatment, or (for under-25s) mentoring to satisfy SPER debt.
- •If you ignore SPER, your car can be immobilised for up to 14 days before it is seized and sold, doubling the previous 5-day windowClause 59 (amending s 108O)Extends the maximum immobilisation period from five days to 14 days.
- •SPER can now direct your bank to pay a lump sum from your account, not just a regular redirectionClause 44 (amending s 75) and Clause 47 (new Division 6A)Adds a new type of fine collection notice directing a financial institution to pay an amount from money held for the debtor, subject to a protected minimum account balance prescribed by regulation.
- •If you think you never got the original infringement notice, you dispute it with the council or agency that issued it, not SPERClause 37 (new s 56)Disputes about not receiving an infringement notice are decided by the administering authority; SPER only decides disputes about its own enforcement orders.
2/3/2017· Hon C Pitt MPCost of LivingHealthCommittee: pass
Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Parole decisions will be made by a single, more professional board led by a former judge instead of three separate boardsClause 12 (s 216, 221, 222)Establishes the Parole Board Queensland with a president who must be a former judge or equivalent, at least one deputy president, at least two professional members, police and public service representatives, and community members.
- •Decisions on parole applications must be made faster, with maximum timeframes cut by roughly a thirdClause 5Reduces the decision period for deferred applications from 210 days to 150 days, and for other applications from 180 days to 120 days.
- •Parole for prisoners convicted of the most serious violent, sexual or organised crime offences must be decided by a five-member panel including a former judgeClause 12 (s 234)For 'prescribed prisoners' the meeting must include the president or deputy president, a professional member, a community member, a police representative and a public service representative.
- •A senior board member can urgently suspend your parole and issue an arrest warrant without first giving you notice or a chance to respondClause 11 (s 208A, 208B)Allows the chief executive to request immediate suspension where the prisoner has breached parole, poses a serious and immediate risk of harm, poses an unacceptable risk of reoffending, or is preparing to leave the State.
16/2/2017· Hon M Ryan MPSafety & EmergencyCommittee: pass
Bail (Domestic Violence) and Another Act Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •People accused of domestic violence offences will find it harder to get bail because they now have to show cause why they should be releasedClause 6Amends section 16 of the Bail Act 1980 to add relevant domestic violence offences to the show cause category.
- •Courts and police can require accused domestic violence offenders to wear a GPS tracking device while on bailClause 4Inserts new section 11(4C) requiring the court or police officer to consider imposing a tracking device as a special bail condition.
- •If prosecutors appeal a decision to release someone accused of domestic violence, that release is automatically paused for up to three business daysClause 7New section 19CA stays a release decision until the reviewing court rules, the application is discontinued, or 4pm three business days after the decision.
- •The new domestic violence bail provisions must be reviewed after two years, with the report tabled in ParliamentClause 9New section 36BA requires the Minister to review whether the provisions are effective and still appropriate.
14/2/2017· Mr T Nicholls MPSafety & EmergencyCommittee: not recommended
Police Powers and Responsibilities (Commonwealth Games) Amendment Bill 2017
Passed (amended)This bill became law after being modified during debate.- •Police can search you, your bag or your car in a Games 'protective security zone' without needing to suspect you of anythingClause 4, sections 619J and 619KThe power for a police officer to search a person in a protective security zone under section 619J is not dependent on a police officer forming a reasonable suspicion.
- •Police can enter and search non-residential premises in a zone without a warrant, but your home is still protected unless you consent or a serious safety risk existsClause 4, section 619LSubsection (1) does not authorise a police officer to enter premises where a person resides other than with the consent of the occupier or if a police officer reasonably suspects an offence likely to endanger safety.
- •Police will not have to log these Games searches in the public enforcement register, and the same exemption becomes permanent for all future Major Events Act searchesClause 4 section 619E and Clause 5(5)The amendment to exempt the recording of searches by police officers under the MEA will not lapse at the end of the Games and will continue to apply to all future major events prescribed under the MEA.
- •The extra police powers are temporary and expire on 22 April 2018, seven days after the Commonwealth Games finishClause 4, section 619QThis chapter expires on 22 April 2018.
14/2/2017· Hon M Ryan MPSafety & EmergencyCommittee: pass
Local Government Electoral (Transparency and Accountability in Local Government) and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •The maximum fine for doing assessable development without a permit jumps to 4,500 penalty units, up from 1,665Clauses 77-88Brings forward Planning Act 2016 penalty increases into the Sustainable Planning Act 2009 for offences including unlawful development, non-compliance with approvals, and false documents.
- •In Planning and Environment Court cases, parties will generally bear their own costs, with exceptions for frivolous or improper proceedingsClause 74Replaces section 457 of the Sustainable Planning Act 2009 and inserts new sections 457A and 457B establishing the circumstances in which costs may be awarded.
- •You can serve a notice of appeal on the department by email rather than having to deliver it in person or by postClauses 50, 73, 75Amends several planning Acts to allow a copy of a notice of appeal to be emailed to the chief executive.
1/12/2016· Hon J Trad MPGovernment & ElectionsHousing & RentingCommittee: pass (dissent)
Victims of Crime Assistance and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •If you are a victim of sexual assault, your counselling records can no longer be dragged into bail or committal hearings at allClause 7 (new s 14D)Creates an absolute privilege that stops the accused compelling, subpoenaing, adducing or inspecting protected counselling communications in committal or bail proceedings.
- •At trial, an accused person must now get the court's permission before using a complainant's counselling records, and the court must weigh the harm to you against the accused's right to a fair trialClause 7 (new ss 14F–14H)Applies a qualified privilege in trials, sentencing and DFV order proceedings; leave is only granted if the communication has substantial probative value, no other evidence is available, and the public interest of admitting it substantially outweighs the public interest in preserving confidentiality.
- •As a victim of a sexual offence, you automatically get 'special witness' status, so you can give evidence by CCTV, pre-recording, with a support person or from behind a screen without having to prove you would be traumatisedClause 8Amends section 21A of the Evidence Act 1977 to include a person against whom a sexual offence has been, or is alleged to have been, committed within the definition of 'special witness'.
- •A new Charter of Victims' Rights replaces the old principles and requires police, prosecutors and funded support services to proactively give you information about investigations, prosecutions and the Victims RegisterClauses 15–27, 93 (new schedule 1AA)The charter is written in plain language, applies to prescribed persons including funded non-government entities, and places a proactive duty on agencies to provide information without victims having to ask.
1/12/2016· Hon Y D'Ath MPChildren & FamiliesHealthCommittee: pass
Criminal Law Amendment Bill 2016
PassedThis bill became law.- •Killers can no longer use an unwanted sexual advance (the 'gay panic' defence) to reduce a murder charge to manslaughter, except in exceptional casesClause 10Amends section 304 of the Criminal Code so the partial defence of provocation does not apply if the sudden provocation is based on an unwanted sexual advance, other than in circumstances of an exceptional character.
- •Interfering with a dead body now carries up to 5 years imprisonment (up from 2) and counts as a serious violent offenceClauses 9 and 70Recasts section 236 of the Criminal Code and adds section 236(2) to the serious violent offences schedule in the Penalties and Sentences Act.
- •Child and special witnesses get stronger protection, with the public cleared from court when their recorded evidence is played in sexual offence casesClauses 31 and 34New section 21AAA and amended section 21AU of the Evidence Act require or allow exclusion of non-essential persons while a child or special witness's recording or soundtrack is being presented.
- •Minor charges where you were granted police cash bail can now be ended by a magistrate without any finding of guilt on your recordClause 62New section 150A of the Justices Act lets justices order that a complaint is ended when police cash bail was granted, meaning no criminal history entry.
30/11/2016· Hon Y D'Ath MPFirst NationsCommittee: pass
Mental Health Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •If you're charged with an offence and undergo a mental health assessment, the doctor's report can only be used to decide whether another examination or a Mental Health Court referral is needed — not as trial evidence against youClause 15 (new s 180)Examination reports are admissible at trial only to decide whether to make another examination order or to refer the matter to the Mental Health Court.
- •The Mental Health Review Tribunal can throw out frivolous or vexatious appeals without holding a hearingClause 42 (new s 534A)
- •Magistrates, District Court and Supreme Court forms under the Mental Health Act can now be approved by the courts' Rules Committee, making court processes more consistentClause 50 (s 798)
- •People charged with a serious offence who become temporarily unfit for trial cannot be transferred interstate — unless their criminal proceeding has already been discontinuedClause 41 (s 522)
30/11/2016· Hon C R Dick MPHealth
Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Breaching an offender prohibition order becomes a crime carrying up to 5 years imprisonment or 300 penalty units, up from 2 yearsClause 22, section 51AAligns the penalty for breaching a prohibition order with other serious offences under the Child Protection (Offender Reporting) Act.
- •Police can require an offender to hand over passwords to phones or cloud accounts, even if doing so might incriminate them, but only with a magistrate's post-search approvalClause 22, section 51BExcludes the privilege against self-incrimination and makes failure to comply an indictable offence punishable by up to 5 years imprisonment, subject to a magistrate's post-search approval order.
- •Courts can treat someone convicted of a non-reportable offence as a reportable offender where the facts amount to a reportable offenceClause 7, section 5Section 5 is extended to cover a person sentenced for an offence that is not a reportable offence but whose facts and circumstances constitute elements of a reportable offence.
- •Prohibition orders can now be heard at the same time as related criminal proceedings instead of waiting for one to finishClause 36, section 77FAn application under the Act may be made and dealt with even if the person has been charged with an offence arising out of the same conduct, with admissibility safeguards.
29/11/2016· Hon M Ryan MPChildren & FamiliesTechnology & DigitalCommittee: pass
Transport Operations (Road Use Management) (Offensive Advertising) Amendment Bill 2016
PassedThis bill became law.- •You cannot appeal or seek a court review of the transport department's decision to cancel your registration, except for jurisdictional errorClause 4 (s 19N)Part 4 of the Judicial Review Act 1991 does not apply and the decision is final and conclusive, except to the extent it is affected by jurisdictional error.
- •Members of the public get real enforcement of rulings against sexist, discriminatory or otherwise offensive vehicle advertisingExplanatory Notes - Policy objectivesThe objective is to minimise the amount of offensive advertising on Queensland registered vehicles by allowing the chief executive to cancel a vehicle's registration to enforce Standards Board determinations.
- •Providing a false statutory declaration when re-registering the vehicle is a criminal offence under the Criminal CodeClause 4 (s 19L)Providing a false declaration is an offence under section 194 of the Criminal Code.
8/11/2016· Hon M Bailey MPTransport & RoadsCommittee: pass
Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Bill 2016
PassedThis bill became law.- •17-year-olds charged with offences will go to the Childrens Court and the youth justice system instead of adult courts and prisonsClause 6The definition of 'child' in the Youth Justice Act is omitted so the Acts Interpretation Act definition (under 18) applies.
- •17-year-olds in adult prisons or on remand can be moved to youth detention centres during a staged transferClause 5, section 391A transitional regulation may provide for the staged transfer to a detention centre of persons being held on remand, serving imprisonment or otherwise in custody in a corrective services facility.
- •Courts can swap an adult sentence a 17-year-old is serving for an equivalent child sentence, such as turning imprisonment into detention or parole into a supervised release orderClause 5, section 389A court may discharge the sentence or subsequent order and substitute it with a corresponding child sentence or order.
- •Under-18s already in adult prisons must still be kept separate from adult prisoners until the last 17-year-old leaves adult custodyClause 9, section 490LRepealed section 18(2) continues to apply to under-18 prisoners on or after commencement.
15/9/2016· Hon Y D'Ath MPChildren & Families
30
Adoption and Other Legislation Amendment Bill 2016
PassedThis bill became law.- •The old criminal offence (up to 2 years jail) for breaching a pre-June 1991 contact statement is abolishedClause 56 (omits s 272)Removes section 272 to remove the offence and penalty relating to breaches of contact statements for pre-June 1991 adoptions.
- •Adopted people can access more information about a possible birth father even if he doesn't meet the strict legal definitionClauses 46 and 49 (new ss 256A, 263A)Chief executive must give the applicant any information held about the identity of a person who may be the adopted child's biological father, with a notice that the identity is not confirmed.
- •You can appeal to QCAT if your step-parent adoption application is declared lapsed by the chief executiveClause 62 (s 319)Inserts a new reviewable decision — a decision under new section 100A to give notice that a step-parent application has lapsed.
- •The chief executive can decide to release adoption information without consent in exceptional circumstances, such as when all relatives have died or unreasonably withhold consentClauses 45, 48, 51Consent is not required if the chief executive considers, because of exceptional circumstances, the consent is not required.
14/9/2016· Hon S Fentiman MPChildren & FamiliesFirst Nations
12
Serious and Organised Crime Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •The VLAD Act and the Criminal Organisation Act 2009 are repealed, along with mandatory minimum jail terms for alleged bikie offencesParts 5, 6 and related repealsThe Bill reflects the unanimous recommendation of the Taskforce to repeal the VLAD Act in its entirety and the Criminal Organisation Act 2009.
- •Police can warn you off associating with people who have serious criminal records, and if you keep meeting with them you can be jailed for up to three yearsNew consorting offence (Criminal Code)It will be a misdemeanour for a person to consort with two recognised offenders after having been given an official warning by police with respect to each, with a maximum penalty of three years imprisonment or 300 penalty units.
- •If you are convicted of a serious offence while involved in organised crime, the court must add a mandatory extra seven years in prison with no parole on top of your sentenceNew Part 9D of Penalties and Sentences Act 1992The court must impose a fixed cumulative jail term of seven years served wholly in prison without parole release, unless the offender provides cooperation of significant use to a law enforcement agency.
- •People refused a licence to run a tattoo studio, security business, tow truck, pub or pawnbroker business regain the right to be told why and to have the decision reviewed in courtParts amending Liquor, Tattoo Parlours, Security Providers, Tow Truck, Motor Dealers, Racing Integrity and Second-hand Dealers ActsThe Bill contains amendments to restore appeal and review rights affected by the 2013 suite, and to ensure that a person adversely affected by a licensing decision is entitled to be given reasons for the decision.
13/9/2016· Hon Y D'Ath MPSafety & EmergencyChildren & Families
40
Industrial Relations Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Workplace discrimination complaints are now heard exclusively by the Queensland Industrial Relations Commission rather than QCATClauses 1088-1106 (amending the Anti-Discrimination Act 1991)The QIRC gains exclusive jurisdiction for workplace/employment related anti-discrimination matters, with transfer powers between QIRC and QCAT.
- •If you are unfairly sacked, you have 21 days to apply for reinstatement, re-employment or compensation from the commissionClauses 316-323A dismissal is unfair if harsh, unjust or unreasonable; reinstatement applications must be made within 21 days and the commission can order remedies.
- •In workplace discrimination and adverse-action cases, the employer must prove they did not act for an unlawful reason - the reverse of the usual civil standardClause 306Reverses the onus of proof so the respondent must establish that action was not taken for a reason that contravenes the general protections.
1/9/2016· Hon G Grace MPWork & EmploymentGovernment & ElectionsCommittee: not recommended
27
Farm Business Debt Mediation Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Farmers can apply for a certificate that legally stops their bank from taking enforcement action when the bank refuses to mediatePart 4, Division 1 (Clauses 40-47)A farmer in default who has given a request for mediation notice may apply to the authority for an enforcement action suspension certificate if the mortgagee has failed to mediate.
- •Anything said or documents shared during farm debt mediation stay confidential and can't be used in courtClause 38Matters said or done during a mediation meeting and documents prepared for it are not admissible in any civil, criminal or administrative proceeding.
- •Farmers and banks can appeal the authority's decisions to the Queensland Civil and Administrative Tribunal after internal reviewPart 6A person must first apply for internal review of an original decision, and may then apply to QCAT for external review of the internal review decision.
- •Any contract clause trying to waive a farmer's right to ask for mediation has no legal effectClauses 85-86Contracts contrary to this Act have no effect, and a waiver or purported waiver of a farmer's rights under this Act has no effect.
30/8/2016· Hon L Donaldson MPRegional QueenslandBusiness & Economy
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.- •Survivors of child abuse could sue no matter how long ago it happened, even decades laterClause 9Inserts section 11(3A) so a right of action for personal injury from child abuse is not subject to any limitation period.
- •Past settlements signed under time pressure could be voided and the case brought againClause 14 (new s 51)Voids settlement agreements executed after the limitation period expired but before commencement, so a fresh action can be brought.
- •Institutions could no longer get cases thrown out for being too old when they themselves caused the delayClause 5 (new s 22A)Prevents courts from permanently staying or dismissing proceedings on time-delay grounds where the institution caused the delay or has admitted the abuse.
- •Civil trials for child abuse would once again be heard by a jury of ordinary citizensClause 3Replaces section 73 of the Civil Liability Act 2003 so the exclusion of jury trial does not apply to claims related to child abuse.
18/8/2016· Mr R Pyne MPChildren & Families
7
Health (Abortion Law Reform) Amendment Bill 2016
Withdrawn- •Protesters would have to stay at least 50 metres from abortion clinics during operating hoursSection 23The Minister must declare an area around an abortion facility to be a protected area, at least 50m at any point from the abortion facility.
- •Harassing, intimidating, filming, or protesting against people entering or leaving a clinic would carry a fine of up to 25 penalty unitsSection 24A person in a protected area for an abortion facility must not engage in prohibited behaviour, including harassing, hindering, intimidating, interfering with, threatening or obstructing a person.
- •Publishing photos or video of someone entering or leaving a clinic without their consent, with intent to stop an abortion, could mean up to 6 months jailSection 25Maximum penalty - 50 penalty units or 6 months imprisonment.
- •Performing an abortion without being a qualified health practitioner would carry up to 10 years imprisonmentSection 20Maximum penalty - 10 years imprisonment.
17/8/2016· Mr R Pyne MPHealth
1
Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Survivors of child sexual abuse in institutions can sue for damages at any time, with no time limit applyingClause 4 (new s 11A)An action for damages relating to personal injury from sexual abuse of a person in an institutional context when the person was a child may be brought at any time and is not subject to a limitation period.
- •If your earlier case was thrown out because you were 'too late', a court can now set that judgment aside and let your claim be heardClause 5 (new s 48)The court may set aside a judgment given on the ground that a limitation period had expired if it is just and reasonable to do so.
- •Seven or more people with related claims can run a single class action in the Supreme Court instead of many separate casesClause 10 (new Part 13A, s 103B)A proceeding may be started if 7 or more persons have claims against the same person that arise out of the same, similar or related circumstances and give rise to a substantial common issue of law or fact.
- •Any settlement of a class action must be approved by the court, protecting group members from unfair dealsClause 10 (new s 103R)A representative proceeding may not be settled or discontinued without the approval of the court.
16/8/2016· Hon A Palaszczuk MPChildren & FamiliesGovernment & 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.- •Protection orders will last five years by default instead of two, so victims don't have to keep reapplyingClause 17New section 97 provides that if a court does not specify duration, the PO will continue for five years, and shorter orders require the court to be satisfied there are reasons for making a shorter order.
- •Breaching a police protection notice can now land you up to three years in prison, up from twoClause 45Section 178(2) maximum penalty for contravening a PPN rises to 120 penalty units or three years imprisonment, aligning with the penalty for breaching a DVO.
- •Courts must consider any family law order when making a DVO and can vary or suspend it if it clashes with protecting the victimClause 11Section 78(1) amended so the court must consider any family law order it is aware of, and must consider using its powers to revive, vary, discharge or suspend the family law order where it allows contact that may be restricted under the DVO.
- •If you hold a domestic violence order made in another state or New Zealand, it's automatically enforceable in Queensland without needing to register itClause 57 (new Part 6)New Part 6 establishes the National Domestic Violence Order Scheme - interstate orders become recognised interstate orders when properly notified, with no manual registration required.
16/8/2016· Hon S Fentiman MPSafety & EmergencyChildren & FamiliesCommittee: pass (dissent)
24
Health and Other Legislation Amendment Bill 2016
PassedThis bill became law.- •The age of consent is 16 for all sexual activity, so 16 and 17-year-olds in same-sex relationships are no longer criminalisedClauses 3-4Omits the offence of unlawful sodomy (section 208) and extends the definition of carnal knowledge to include anal intercourse.
- •The word 'sodomy' is removed from the Criminal Code and replaced with 'anal intercourse' to reduce stigmaClause 3Section 6(2) is amended to omit 'sodomy' and insert 'anal intercourse'.
- •Historical offences committed before the repeal can still be prosecuted under transitional provisionsClause 12Inserts a new chapter 95 transitional provision so references to section 215 include the repealed section 208.
16/6/2016· Hon C R Dick MPHealthChildren & FamiliesCommittee: pass
18
Australian Crime Commission (Queensland) and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Police can arrest you without a warrant when instructed by another officer who reasonably suspects you of an offenceClause 10 (new s 365A)Responds to the Bulsey court decision by allowing a lawful arrest on instruction, provided the instructing officer holds the reasonable suspicion and it is not practicable for them to make the arrest personally.
- •Police can search your vehicle without a warrant if they reasonably suspect it contains a knife you cannot lawfully possessClause 8Adds 'knife' to section 32(a) of the PPRA alongside existing powers to search for weapons and explosives.
- •Courts can admit oral evidence of a confession even if police did not fully follow recording rules, where it is in the interests of justiceClause 12Redrafts section 439 of the PPRA to remove the narrow reference to 'record', responding to R v McMillan and later cases.
- •If you are arrested, you must be told in writing the name, rank and station of both the arresting officer and any officer who instructed the arrestClause 11
24/5/2016· Hon B Byrne MPSafety & EmergencyGovernment & ElectionsCommittee: pass (dissent)
11
Abortion Law Reform (Woman’s Right to Choose) Amendment Bill 2016
Withdrawn- •Three sections that criminalised abortion would have been removed from the Criminal CodePart 2Sections 224, 225 and 226 of the Criminal Code Act 1899 would be omitted.
- •Women who end their own pregnancies would no longer face the risk of criminal prosecutionClause 4Repeals section 225 which applied to a woman procuring her own miscarriage.
- •The bill was withdrawn and did not become law
10/5/2016· Mr R Pyne MPHealthCommittee: not recommended
Public Health (Medicinal Cannabis) Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Using cannabis outside the new medicinal framework remains a criminal offence under the Drugs Misuse Act 1986Clause 92Performing a regulated activity with medicinal cannabis without authorisation carries a maximum penalty of 750 penalty units, and the Drugs Misuse Act crimes of up to 15-25 years imprisonment also continue to apply.
- •Inspectors can enter pharmacies and doctors' rooms, seize evidence and issue compliance and recall orders to stop medicinal cannabis being misusedChapter 7, Parts 2-6Authorised persons appointed by the chief executive can enter places, stop vehicles, seize evidence, require information and issue compliance notices and recall orders.
- •If you are refused an approval or have one cancelled, you can ask for an internal review and then appeal to the Queensland Civil and Administrative TribunalChapter 9Decisions under the Act can be internally reviewed by Queensland Health within 28 days, with external review by QCAT, and court appeals available for seizure and forfeiture decisions.
- •Your criminal history, including spent convictions, can be checked before you are approved to hold or receive medicinal cannabisClauses 28-31The chief executive can request a criminal history report on applicants and patients, and the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply so spent convictions remain visible.
10/5/2016· Hon C R Dick MPHealthCommittee: pass
20
Youth Justice and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Young people who admit an offence can be sent to a restorative justice conference instead of court, avoiding a criminal recordClause 13 (new s 22)A police officer may refer an offence to the chief executive for a restorative justice process instead of bringing the child before a court, if the child is willing to comply.
- •Youth justice matters in the Childrens Magistrates Court are closed to the public, but victims and their representatives can attendClause 5 (new s 20)The court must exclude everyone from the room other than the child, family, witnesses, the victim or the victim's representative, and specified others.
- •17-year-olds in youth detention are no longer automatically sent to adult prison; transfer now happens at 18 and can be delayed up to six monthsClause 30 (new ss 276B-276D)A person who turns 18 in detention with 6 months or more left to serve is liable to be transferred to a corrective services facility, but may apply to the court for a temporary delay of up to six months.
- •Admissions a young person makes in a restorative justice conference cannot be used against them in courtClause 16 (new s 40)An admission about committing the relevant offence, made by the child while participating in a restorative justice process, is inadmissible in any proceeding.
21/4/2016· Hon Y D'Ath MPChildren & FamiliesFirst Nations
National Injury Insurance Scheme (Queensland) Bill 2016
Passed (amended)This bill became law after being modified during debate.- •If you are in the scheme, courts cannot award you damages for treatment, care and support for the period you are a participant, but you can still claim damages for pain, suffering and lost incomeClause 149 (new section 52B of Civil Liability Act 2003)A court cannot award damages in relation to the person's treatment, care and support needs that arise while the person is a participant in the insurance scheme.
- •Lifetime participants who are less than 25% at fault can choose to opt out and take a lump sum from the CTP insurer instead of staying in the schemeClauses 41-44
- •Decisions by the agency can be challenged through internal review, then a medical tribunal for medical questions or QCAT for other matters, with appeals to the courtsChapter 6
- •Defrauding the agency carries a maximum penalty of 400 penalty units or 18 months imprisonment, and giving false information can lead to 150 penalty units or 1 year imprisonmentClauses 132-133A person must not defraud or attempt to defraud the agency, with maximum penalty 400 penalty units or 18 months imprisonment; giving false or misleading information carries maximum penalty 150 penalty units or 1 year imprisonment.
19/4/2016· Hon C Pitt MPHealthTransport & Roads
15
Counter-Terrorism and Other Legislation Amendment Bill 2016
PassedThis bill became law.- •Police can get a Preventative Detention Order against a terrorism suspect even if they don't know the person's real name, using a photo or descriptionClauses 62, 63Initial and final Preventative Detention Orders can be made where the applicant does not know the name of the person, using part of the name, an alias, nickname, physical description or photograph sufficient to identify the person.
- •You can be told not to tell anyone that police asked you for information, and face jail if you doClause 28 (new s 8AI, 8AJ)During a declared emergency it is an offence to disclose to an unauthorised person the fact that an information requirement was made or the nature of the information sought, with up to 1 year's imprisonment (10 years in aggravated cases).
- •If forced to give information you're protected from being sued, prosecuted or disciplined for it, and you can ask to have a lawyer told so you can get legal adviceClause 28 (new s 8AL, 8AQ)A person acting honestly and without negligence is not civilly, criminally or administratively liable for giving information, and may request that a disclosure notice be given to a lawyer to seek legal advice.
- •Urgent applications for terrorism detention orders can now be made orally by phone, email or radio without a written applicationClause 68 (new s 79, 79A)A police officer may apply orally in urgent circumstances without preparing the written application otherwise required under section 15, provided they state each matter that would have been in writing.
19/4/2016· Hon B Byrne MPSafety & EmergencyGovernment & ElectionsCommittee: pass
13
Child Protection (Mandatory Reporting - Mason’s Law) Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Queensland joins most other Australian states and territories in requiring child care workers to report suspected abuseThe ACT, SA, Tasmania, Victoria, NSW and the NT already include certain child care providers or employees as mandatory reporters.
- •The reporting threshold is unchanged — it covers significant harm from physical or sexual abuse where a child may not have a parent able and willing to protect themSection 13E (existing)The threshold for a 'reportable suspicion' under section 13E of the Act is confined to significant harm 'caused by physical or sexual abuse'.
17/3/2016· Ms T Davis MPChildren & FamiliesEducationCommittee: pass
18
Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •An independent council will research sentencing and publish findings, helping you understand how and why sentences are set in QueenslandClause 5, section 199Functions include publishing information about sentencing and researching sentencing matters and publishing the outcomes of that research.
- •You will have formal ways to share your views on sentencing with the council, which must seek community inputClause 5, section 199(1)(f)The council must obtain the community's views on sentencing and matters about sentencing.
- •The Court of Appeal can ask the council for written advice before setting guideline judgments that shape sentences across Queensland courtsClauses 4 and 5, section 199(1)(a)Section 15AK is amended so a court may consider any written views of the council about giving or reviewing a guideline judgment.
- •The council must report to Parliament each financial year, making its work public and open to scrutinyClause 5, section 203JThe Attorney-General must table the council's annual report in the Legislative Assembly within 14 sitting days of receiving it.
15/3/2016· Hon A Palaszczuk MPFirst Nations
17
Environmental Protection (Chain of Responsibility) Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Employees and others can be compelled to answer questions about suspected environmental offences, even if the answer is self-incriminatingClause 10 (s 476)It is no longer a reasonable excuse that the answer might tend to incriminate the individual; however, that answer and evidence derived from it cannot be used against them in civil or criminal proceedings other than for providing false or misleading information.
- •Decisions to name someone as a 'related person' and to issue them an environmental protection order can be internally reviewed and appealed to the Land Court or Planning and Environment CourtClause 17 (sch 2)
- •These new powers can apply to activities and environmental harm that happened before the law commenced, so companies cannot avoid liability by restructuring ahead of timeClause 16 (ss 744-747)Transitional provisions allow orders to be issued for pre-commencement activities and harm, and to persons who were related during the period between the bill's introduction and commencement.
15/3/2016· Hon S Miles MPEnvironmentBusiness & Economy
8
Mineral and Other Legislation Amendment Bill 2016
Passed (amended)This bill became law after being modified during debate.- •Any person can object to a mining lease application in the Land Court, not just directly affected landholdersClause 90Repeals the MERCP Act amendments that would have limited standing to lodge objections to a mining lease application.
- •The Land Court gets jurisdiction to hear disputes about miners entering your land to mark out proposed mine boundaries, and you can appeal decisions of the chief executiveClause 101 (new s 386Y) and Clause 100Creates appeal rights to the Land Court for persons aggrieved by the chief executive's decision to withdraw authority to enter land or impose a penalty of up to 5 penalty units.
- •Arbitrators resolving disputes between coal and gas companies must use objective criteria and remain subject to Supreme Court review for jurisdictional errorClauses 56 and 57Amends section 178 to require objective decision-making and clarifies that section 182 does not limit the Supreme Court's power to review an arbitrator's decision for jurisdictional error.
23/2/2016· Hon Dr A Lynham MPEnvironmentRegional QueenslandCommittee: pass (dissent)
9
Animal Management (Protecting Puppies) and Other Legislation Amendment Bill 2016
PassedThis bill became law.- •Cruel puppy farms can be found and shut down by making every dog breeder register with the stateClause 11 (new s 43E)Requires a person who breeds a dog to apply for breeder registration within 28 days after the dog is born, with a maximum penalty of 50 penalty units.
- •If you use a live or dead animal as a kill or lure to blood a hunting dog, it's now clearly an offence whether or not the dog has been blooded beforeClause 4Amends s 32 of the Animal Care and Protection Act 2001 so it does not matter whether the dog has previously tasted or seen the blood of the animal or of another animal.
- •If a biosecurity order is made against you, you'll now get a written notice explaining your rights to internal review and a QCAT stayClause 62Requires an authorised officer to give an information notice with every biosecurity order, triggering review rights under the Act.
16/2/2016· Hon L Donaldson MPEnvironmentBusiness & EconomyRegional QueenslandCommittee: pass
13
Director of Child Protection Litigation Bill 2016
Passed (amended)This bill became law after being modified during debate.- •A new independent statutory officer is created to run child protection cases — separate from the department that investigated the childClauses 7-8, 13Establishes the Director of Child Protection Litigation, who represents the State and is not under Ministerial control when performing functions.
- •The Director must be a lawyer with at least 10 years' experience and is appointed by the Governor in Council for up to five yearsClauses 25, 27Minister may only recommend appointment of a lawyer admitted to practise for at least 10 years with demonstrated leadership qualities.
- •Sharing confidential child protection information outside the allowed reasons can be punished by up to 2 years in prison or a $12,000+ fineClauses 19, 21Maximum penalty for unauthorised recording or disclosure of confidential information is 100 penalty units or 2 years imprisonment.
- •The Minister must review how well the Act and the new office are working after five years and table the review in ParliamentClause 41Minister must review effectiveness of the Act and operations of the Office as soon as practicable after five years, with a report tabled in the Legislative Assembly.
16/2/2016· Hon Y D'Ath MPChildren & FamiliesCommittee: pass
11
Child Protection Reform Amendment Bill 2016
PassedThis bill became law.- •The litigation director must now get the court's permission and give reasons before withdrawing a child protection order applicationClause 10New section 57A requires leave of the court to withdraw an application, with reasons why the order is no longer required.
- •Parties to child protection cases get a new continuing duty of disclosure so they can see the evidence being used against themClause 31New section 189C imposes a continuing duty on the litigation director to disclose all relevant documents; misuse of disclosed material is an offence carrying up to 100 penalty units or 2 years imprisonment (section 189E).
- •QCAT must pause its review of a contact decision when the same issue is already before the Childrens Court, avoiding duplicated proceedingsClause 19New section 99MA requires QCAT to suspend the review and notify parties so the Childrens Court can deal with the contact matter.
- •Courts can join two or more child protection cases (for example, relating to siblings) if it is in the interests of justiceClause 26Replaced section 115 lets the Childrens Court hear applications together on its own initiative, even where the parties differ.
16/2/2016· Hon S Fentiman MPChildren & FamiliesCommittee: pass
11
Queen's Wharf Brisbane Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Cabinet can order someone to sell all their interests in the casino operator within two months if they are found unsuitable, with no right of appealClause 37The Governor in Council may direct a person to dispose of all of the person's interests and convertible securities in each relevant entity, with a maximum penalty of 200 penalty units for non-compliance.
- •Cabinet's decisions to condition a casino licence or refuse approval cannot be appealed, only judicially reviewedClause 73The bill amends section 18 of the Casino Control Act so the Governor in Council may grant a casino licence on conditions, with the decision final and not subject to appeal.
- •The casino agreement itself becomes law once approved by regulation, so the final signed agreement is not debated by ParliamentClause 10When the agreement is approved by regulation, it is taken to be ratified by the Legislative Assembly and has effect as if it were a law of the state.
3/12/2015· Hon Y D'Ath MPBusiness & EconomyHousing & RentingCommittee: pass
18
Racing Integrity Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Authorised officers can enter places and vehicles without a warrant in urgent animal welfare situations, and under warrant in other casesClauses 175-190Expands entry powers similar to those of police and Animal Care and Protection Act inspectors, including entry to vehicles where evidence could be concealed.
- •You are protected from being sued or disciplined professionally if you report suspected cruelty to a racing animal in good faithClause 282A person acting honestly and in good faith is not liable (criminally, civilly, or under a professional code) for giving information to an authorised officer about an animal welfare offence.
- •Illegal bookmaking and running an illegal betting place carry penalties of up to 4,000 penalty units or 5 years imprisonment for repeat offencesClause 245Penalties range from 600 penalty units or 1 year's imprisonment for a first offence to 4,000 penalty units or 5 years for a third offence.
- •Decisions by the new Commission can be internally reviewed and then appealed to QCAT or the courts if you disagreeClauses 262-274Provides a two-step review process: internal review by the Commission, then external review by QCAT or appeal to the Magistrates Court for seizure and forfeiture decisions.
3/12/2015· Hon B Byrne MPEnvironmentBusiness & Economy
28
Criminal Law (Domestic Violence) Amendment Bill (No. 2) 2015
PassedThis bill became law.- •Strangling, choking or suffocating a partner or family member becomes a specific crime carrying up to 7 years in prisonClause 3Inserts new section 315A into the Criminal Code creating the offence of choking, suffocation or strangulation in a domestic setting.
- •If you are sentenced for any crime that happened in a domestic context, the court must treat that context as making the offence worse, unless exceptional circumstances applyClause 5Amends section 9 of the Penalties and Sentences Act 1992 so courts must treat domestic violence as an aggravating factor.
- •Prosecutors and defence lawyers can once again tell the judge what sentence or sentence range they think is appropriate, reversing a 2014 High Court rulingClause 6Restores the sentencing practice that existed in Queensland prior to the Barbaro decision of 12 February 2014.
- •The defence of provocation cannot be used to excuse the new strangulation offenceClause 3Assault is not an element of the new offence, so sections 268 and 269 of the Criminal Code have no application.
2/12/2015· Hon Y D'Ath MPSafety & EmergencyChildren & FamiliesCommittee: pass
23
Crime and Corruption Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •You can now report suspected corruption anonymously, without having to sign a statutory declarationClause 13Removes subsections requiring corruption complaints to be made by statutory declaration unless the CCC decides exceptional circumstances apply.
- •The Crime and Corruption Commission gets back its role of helping prevent corruption, not just investigating it after the factClauses 3-9Reinstates the CCC's corruption prevention function and adds a new statutory function to raise standards of integrity in public administration.
- •The anti-corruption commission can run its own research without needing a minister's approvalClause 14Replaces section 52 to remove the requirement for research to be conducted under a minister-approved research plan.
- •Senior appointments to the Crime and Corruption Commission require cross-party agreement, reducing political appointmentsClause 23Requires bipartisan support of the Parliamentary Crime and Corruption Committee for nominations to chairperson, deputy chairperson, ordinary commissioner and CEO positions.
1/12/2015· Hon Y D'Ath MPGovernment & Elections
19
Youth Justice and Other Legislation Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Children can no longer be named in the media for offences dealt with under the Youth Justice Act, even if they are repeat offendersClauses 51-52Section 299A (which allowed publication for non first-time offenders) is omitted and section 301 is expanded to prohibit publication of identifying information about any child.
- •A child cannot be charged with a separate offence just for committing another offence while on bailClause 8Part 5, division 2 (Offence committed while on bail) of the Youth Justice Act is omitted, with transitional provisions preventing further prosecution of pending charges.
- •Detention for a child and imprisonment for an adult must again be treated as a last resort (except for violence and child sexual offences)Clauses 16, 26, 61New section 208 requires a court to be satisfied no other sentence is appropriate before imposing detention; section 9 of the Penalties and Sentences Act is amended to reinstate the last-resort principle for adults.
- •A child, the chief executive, the complainant, or the arresting officer can ask a Childrens Court judge to review a magistrate's sentence within 28 daysClause 14 (new sections 118-126)Reinstates the Childrens Court of Queensland's sentence review jurisdiction and expands it to include magistrates' decisions on breaches of community-based orders.
1/12/2015· Hon Y D'Ath MPChildren & Families
Disability Services and Other Legislation Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Authorised officers can get a warrant to enter an NDIS provider's premises if there are reasonable grounds to suspect abuse, neglect or exploitation of a participantClause 44 (new s 200M)A magistrate may issue a warrant where entry is necessary to protect a participant from risk of harm or to check compliance with the Disability Services Act.
- •NDIS providers must answer information requests from authorised officers or face a maximum penalty of 50 penalty unitsClause 44 (new s 200X)Failure to comply with an information requirement under section 200W is an offence with a maximum penalty of 50 penalty units.
- •Refusing to help or answer an authorised officer's questions during an inspection can attract a 40 penalty unit fine, unless you have a reasonable excuse such as self-incriminationClause 44 (new ss 200U, 200V)Offences of contravening a help requirement or failing to answer questions each carry a maximum penalty of 40 penalty units.
- •The new monitoring and enforcement powers are temporary - they expire on 30 June 2019, with a mandatory review of how the Act is workingClause 51 (new ss 241A, 241B)Part 6A expires on 30 June 2019 and the Minister must complete a review of the Act's efficacy by that date.
1/12/2015· Hon C O'Rourke MPHealthWork & EmploymentCommittee: pass
17
Planning and Environment Court Bill 2015
Passed (amended)This bill became law after being modified during debate.- •The Planning and Environment Court gets its own stand-alone Act, making it easier to find the rules that govern planning disputesClauses 1-4The Bill continues the existing Planning and Environment Court and pulls its constitution, jurisdiction and powers out of the Sustainable Planning Act 2009 into a dedicated Act.
- •Each party usually pays their own legal costs, unless a case is frivolous, vexatious or brought to delay or obstruct a competitorClauses 59-61Clause 59 sets the general rule that each party bears their own costs, with clause 60 listing circumstances, including improper purpose and lack of reasonable prospects of success, where the court can order costs.
- •Disputes can be resolved faster and cheaper through mediation, with more ADR registrars able to help parties reach agreement without a full trialClauses 15-28, 67The Bill continues and expands the ADR framework, allows the principal registrar to appoint more than one ADR registrar, and lets an ADR registrar hear and decide certain matters if the court directs.
- •Disobeying a court order is treated as contempt, carrying the same powers as in the District CourtClause 36A P&E Court judge has the same power to punish for contempt as a District Court judge, and a failure to comply with a court order is declared to be contempt.
12/11/2015· Hon J Trad MPHousing & RentingEnvironment
13
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Failing a rehabilitation or drug and alcohol course set as a bail condition is no longer a criminal offenceClause 8Section 29 of the Bail Act is amended so breach of a condition imposed under section 11(9) or 11AB is not an offence.
- •Drug and alcohol assessment sessions no longer have to be delivered one-on-one, so more flexible group formats are allowedClause 69(2)The definition of 'drug assessment and education session' in section 15B of the Penalties and Sentences Act is amended to remove the one-on-one requirement.
- •Every police officer is automatically an investigator for Liquor Act purposes, so officers no longer need to carry a delegationClause 18(3)Section 4 definition of 'investigator' is amended to include any police officer.
- •Decisions to refuse or revoke a rapid intoxication drink exemption can be reviewed by QCATClause 23Section 21 of the Liquor Act is amended so tribunal review applies to decisions to refuse, vary or revoke an exemption under section 155AK or 155AP.
12/11/2015· Hon Y D'Ath MPSafety & EmergencyHealthBusiness & EconomyCommittee: not recommended
43
Domestic and Family Violence Protection and Another Act Amendment Bill 2015
PassedThis bill became law.- •If both people in a relationship apply for protection orders against each other, a court must hear both applications together and work out who is most in need of protectionClause 5 (new sections 41A-41C)Courts must hear cross applications together unless separate hearings are necessary for the safety, protection or wellbeing of an aggrieved.
- •Victims and police can now appeal if a court refuses to make a temporary protection orderClause 11Section 164 is amended so a person who sought a temporary protection order can appeal a decision to refuse to make the order.
- •Your views and wishes as a victim must be sought, where appropriate, before a court makes decisions that affect youClause 4Inserts a new principle into section 4(2) that views and wishes of people who fear or experience domestic violence should be sought before a decision affecting them is made.
- •Police on duty are expressly authorised to use body-worn cameras, including where they accidentally record private conversationsClause 20 (new section 609A)New section 609A of the Police Powers and Responsibilities Act 2000 makes it lawful for a police officer to use a body-worn camera while performing their duties, including inadvertent or incidental use.
29/10/2015· Hon S Fentiman MPSafety & EmergencyChildren & FamiliesCommittee: pass
25
Multicultural Recognition Bill 2015
PassedThis bill became law.- •The Charter and Act do not create new legal rights you can enforce in court, and do not override the Anti-Discrimination Act 1991Clause 6This Act does not create rights for anyone or impose legally enforceable obligations, and if there is a conflict with another Act, the other Act prevails.
- •If you experience discrimination or racial or religious vilification, this is still dealt with under the Anti-Discrimination Act 1991, not this ActIf a person suffers discrimination or racial or religious vilification, this should be dealt with under the Anti-Discrimination Act 1991.
27/10/2015· Hon S Fentiman MPFirst NationsGovernment & ElectionsCommittee: pass
25
Family Responsibilities Commission Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Queensland courts (Supreme, District, Magistrates and Childrens Courts) must send a 'court advice notice' to the FRC within 10 business days when making qualifying convictions or protection ordersClause 6, new s 43The court officer must give the notice as soon as practicable, but not more than 10 business days, after the conviction or protection order.
- •Information covered by a domestic violence protection order can now be shared with the FRC despite the usual confidentiality rulesClause 6Section 159(2) of the Domestic and Family Violence Protection Act 2012 allows publication of information where specifically provided for by another Act.
13/10/2015· Hon Pitt MPFirst NationsChildren & FamiliesCommittee: pass
16
Mental Health Bill 2015
Passed (amended)This bill became law after being modified during debate.- •If you are charged with a serious offence and may have been of unsound mind or unfit for trial, the Mental Health Court can divert you from the criminal justice system and order treatment instead of punishmentChapter 5The Court may hear references on whether a person charged with a serious offence was of unsound mind at the time of an alleged offence or is unfit for trial, and may make a forensic order or treatment support order.
- •For the most serious violent offences like murder, manslaughter, grievous bodily harm and rape, the Court can set a period of up to 10 years during which a forensic order cannot be revokedClause 137The Court may set a non-revocation period for certain forensic orders of up to 10 years for 'prescribed offences' such as murder, manslaughter, grievous bodily harm and rape.
- •If you are a victim of a serious act committed by someone on a forensic order, you can apply to receive information about their status and provide a victim impact statement the Court and tribunal must considerChapter 10, Part 6 and Chapter 5, Division 3Victims and close relatives may apply for an information notice to receive specified information, and may provide a victim impact statement that the Court and tribunal must have regard to.
- •Magistrates can now expressly dismiss minor charges against you if you appear to have been of unsound mind or unfit for trial, or order a mental health examination insteadClauses 172-177Magistrates Courts gain express power to dismiss complaints where a person was of unsound mind or unfit for trial, and to order examinations by authorised doctors.
17/9/2015· Hon CR Dick MPHealthChildren & Families
12
Relationships (Civil Partnerships) and Other Acts Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Couples of any gender can again choose to hold an official civil partnership ceremony before registering their relationshipClause 14 (new sections 10-12)Restores provisions allowing two adults in a couple relationship to make a declaration of civil partnership before a civil partnership notary and at least one other adult witness.
- •Your existing registered relationship automatically becomes a civil partnership when the law starts, so you don't need to do anythingClause 26 (new section 48)A registered relationship in effect immediately before commencement is taken, on commencement, to be a civil partnership under the Act.
- •You can challenge a refusal to register your civil partnership, or to register you as a notary, at the Queensland Civil and Administrative TribunalClause 27 (amended schedule 1)Amends schedule 1 so that refusals to register a relationship as a civil partnership, refusals to register a person as a notary, and cancellations of a notary's registration are all reviewable by QCAT.
- •Pretending to be a civil partnership notary or skipping the required notices can bring fines up to 50 penalty units or six months in prisonClause 25 (new section 34)Creates offences for a notary allowing a declaration without proper notice, or for a person making a declaration before someone they know is not a notary, with a maximum penalty of 50 penalty units or 6 months imprisonment.
17/9/2015· Hon Y D'Ath MPGovernment & ElectionsCommittee: not recommended
Transport Legislation (Taxi Services) Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Demerit points apply even if you pay the fine rather than being convicted in courtClause 3 (new s 70A(1))Section 70A is triggered by a conviction, by paying a fine under the State Penalties Enforcement Act, or by a SPER order under section 38.
- •The infringement notice system is extended to cover unlicensed taxi offences, making on-the-spot enforcement easierClause 7Section 31 of the State Penalties Enforcement Act 1999 is amended so its cancellation-of-infringement-notice rules apply to section 70 of the Transport Operations (Passenger Transport) Act 1994.
16/9/2015· Mr R Katter MPTransport & RoadsCommittee: not recommended
8
Counter-Terrorism and Other Legislation Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Police can hold someone for up to 14 days without charge to prevent a terrorist act for another 10 yearsClause 13Amends section 83 of the Terrorism (Preventative Detention) Act 2005 to extend the sunset provision by 10 years from its scheduled expiry on 16 December 2015.
- •The Minister must review how well these preventative detention laws are working within 4 years and report to Parliament within 5Clause 14New section 83A requires the Minister to start a review of the need for, and effectiveness of, the Act within 4 years and table the report within 5 years.
- •People who take part in a police service review or give evidence can no longer be sued for acting in good faithClause 6New sections 9.7 and 9.8 protect review commissioners and review participants from civil liability for good-faith conduct without negligence.
- •Counter-terrorism police powers can now be used outside Queensland, including on vessels up to 200 nautical miles at seaClause 11Replaces section 6 of the TPDA to extend extraterritorial application to the 'adjacent area' for Queensland, defined by reference to the Crimes at Sea Act 2001.
16/9/2015· Hon J-A Miller MPSafety & EmergencyCommittee: pass
16
Energy and Water Ombudsman Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •You can complain to EWOQ if you think your energy or water provider has misused your credit informationClause 7Expands EWOQ's functions to receive, investigate and resolve complaints about acts or practices of scheme participants that may interfere with an individual's privacy under the Commonwealth Privacy Act.
- •When you lodge certain EWOQ complaints, your account details may be shared with your utility so it can verify the bill it receives from EWOQClause 11The eligible customer is taken to have agreed to their customer identifying information being disclosed to the utility entity to the extent reasonably necessary for user-pays purposes.
- •EWOQ becomes eligible to be an officially recognised External Dispute Resolution scheme under the federal Privacy ActClauses 7 and 13Adds the Information Commissioner as a recipient of EWOQ reports so EWOQ can apply for recognition as an EDR scheme under the Privacy Act 1988 (Cwlth).
15/9/2015· Hon M Bailey MPBusiness & EconomyCost of LivingCommittee: pass
14
Criminal Law (Domestic Violence) Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •Repeat breaches of a domestic violence order can now land someone in jail for up to 5 years, up from 3 yearsClause 7Maximum penalty for a breach where there's a prior domestic violence offence in the last 5 years becomes 240 penalty units or 5 years imprisonment.
- •Criminal records will now show when an offence was committed in a domestic violence context, helping courts see an offender's pattern of abuseClause 18New section 12A of the Penalties and Sentences Act requires courts to record convictions as being for a domestic violence offence.
- •Prosecutors can ask the court to flag past convictions as domestic violence offences on someone's criminal historyClause 18 (s 12A(3))Allows retrospective notation of previous offences as domestic violence offences on application by the prosecution.
- •Domestic violence victims giving evidence in court can now access special witness protections like screens, support persons or pre-recorded evidenceClause 11Amends the Evidence Act 1977 to include DV victims in the definition of 'special witness'.
15/9/2015· Hon Y D'Ath MPSafety & EmergencyChildren & FamiliesCommittee: pass
26
Coroners (Domestic and Family Violence Death Review and Advisory Board) Amendment Bill 2015
PassedThis bill became law.- •A new independent Board will review domestic and family violence deaths to identify what went wrong in the system and recommend fixesClause 5 (new s 91D)The Board's functions include reviewing domestic and family violence deaths and making recommendations for improvements to legislation, policies, practices, services, training, resources and communication.
- •Government departments, police, and services must hand over information the Board needs or face fines of up to 100 penalty unitsClause 5 (new s 91Y)The prescribed entity must comply with the notice, unless the entity has a reasonable excuse. Maximum penalty 100 penalty units.
- •The Board's annual report must be tabled in Parliament so the public can see the findings and recommendationsClause 5 (new s 91ZB)The Minister must table a copy of the report in the Legislative Assembly within one month after receiving it.
- •The Board operates independently of government and cannot be directed by the Minister on how to do its workClause 5 (new s 91H)The board is not subject to direction by anyone, including the Minister, about how it performs its functions.
15/9/2015· Hon Y D'Ath MPSafety & EmergencyChildren & FamiliesCommittee: pass
15
Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •You regain the common law right to take an employer to court for a work injury that was removed in 2013Clause 6Reinstates an injured worker's entitlement to seek damages that was removed by the Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2013.
- •Dependants of a deceased worker can apply for a certificate of dependency to support a damages claimClause 5Inserts section 132B allowing a dependant of a deceased worker to apply for a certificate to support a claim for damages.
- •The limitation period for bringing damages proceedings is extended in specified circumstances such as pending reviews or assessmentsClause 9, Schedule 5Amends section 302 and inserts Schedule 5 setting out circumstances in which the general limitation period is altered.
15/7/2015· Hon C Pitt MPWork & EmploymentHealth
21
Public Health (Childcare Vaccination) and Other Legislation Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •If you are asked to attend a Health Ombudsman investigation, you can now be legally compelled to turn up in person and answer questionsClause 9 (new s 228(3)(b))An authorised person may require a person to attend before the authorised person at a stated reasonable time and place to answer questions or produce documents.
- •Refusing to attend, answer or produce documents without reasonable excuse carries a maximum penalty of 100 penalty unitsClause 11 (new s 229A)A person must not fail to attend, answer questions or produce documents, maximum penalty 100 penalty units.
- •You can still refuse to answer or produce a document if it might incriminate you or expose you to a penaltyClause 11 (s 229A(2))It is a reasonable excuse if answering or producing might tend to incriminate the individual or expose them to a penalty.
- •Attendance notices already issued by the Health Ombudsman before the law changes are retrospectively validatedClause 16 (new s 320B)A pre-commencement notice has effect, and is taken to have had effect since it was given, as if the amended section 228 were already in force.
15/7/2015· Hon C R Dick MPHealthChildren & FamiliesCommittee: pass
23
Guide, Hearing and Assistance Dogs Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •If a business refuses to let you in with your certified assistance dog, you can now take action under Queensland's Anti-Discrimination Act 1991 as well as Commonwealth lawClauses 9 and 10Notes under sections 12A and 13 are updated to recognise that a person with disability may have a right of action under the Anti-Discrimination Act 1991 in addition to the Disability Discrimination Act 1992.
- •Inspectors enforcing the Act can now enter premises under a magistrate's warrant if they suspect an offenceClause 39 (new sections 84A-84D)New subdivision sets out how authorised officers apply for a warrant from a magistrate, how it is issued, and the procedure for entry, modelled on standard Queensland provisions.
- •Refusing to give an inspector information they reasonably require about a suspected offence can attract a fine of up to 50 penalty unitsClauses 42 and 45New section 89A creates a general power to require information and section 92 sets the maximum penalty at 50 penalty units for non-compliance, with self-incrimination allowed as a reasonable excuse.
15/7/2015· Hon C O'Rourke MPHealthCommittee: pass
13
State Development and Public Works Organisation and Other Legislation Amendment Bill 2015
PassedThis bill became law.- •Land Court judges and registrars are protected from legal liability whether they are doing judicial work or administrative tasks like making mining lease recommendationsClause 9Amends section 35 to ensure privileges, protection and immunity for Land Court members extend to the exercise of all judicial powers and administrative functions.
- •Lawyers, agents and witnesses appearing before the Land Court get the same immunity as if they were in the Supreme CourtClause 9The extension of the existing privileges, protection and immunity also applies to judicial registrars, a lawyer or agent appearing, or a witness attending before the court.
- •These legal protections apply retrospectively to past Land Court work, resolving uncertainty from the BHP Mitsui Coal court decisionClause 10 (new s 96)Section 35 as amended applies to the exercise or performance of a judicial power or administrative function before commencement as if performed after commencement.
- •A one-year temporary regulation power lets the government quickly adapt Land Court rules to mining and cultural heritage referral matters while permanent fixes are draftedClause 10 (new s 97)A transitional regulation may provide that provisions of the Act apply to Land Court functions under various statutes, and expires one year after commencement.
15/7/2015· Hon Dr A Lynham MPEnvironment
5
Planning and Development (Planning Court) Bill 2015
WithdrawnThis bill was withdrawn from consideration and will not become law.- •The Planning and Environment Court would get its own Act, making its rules and powers easier to findClause 4Continues the existing Planning and Environment Court but re-establishes it under this stand-alone Bill instead of within the Sustainable Planning Act 2009.
- •You could have a simple planning dispute heard and decided by an ADR Registrar without a full trial, with each side paying their own costsClause 22Allows an ADR registrar to hear and decide minor-change matters and tribunal-jurisdiction matters, including making final judgments or orders.
- •The court can order you to put up security for the other side's costs before your case continuesClause 58On application by a respondent, the court may order the party that started the proceeding to give security for the respondent's costs.
- •You can appeal a Planning and Environment Court decision to the Court of Appeal only on a legal error, and only within 30 business days with the court's permissionClauses 63-64Appeals are limited to errors or mistakes of law or jurisdictional error, require leave of the Court of Appeal, and must be sought within 30 business days.
4/6/2015· Mr T Nicholls MPHousing & RentingEnvironment
1
Magistrates Amendment Bill 2015
PassedThis bill became law.- •Court decisions made by affected magistrates between 2013 and 2015 remain legally valid and cannot be challenged because of the oath errorClause 4 (new s 68)Declares that a relevant exercise of jurisdiction by the magistrate is, and always has been, as valid as if the magistrate had taken the correct 2013 oath.
- •Decisions and orders made by affected judicial registrars during the same period are confirmed as validClause 4 (new s 70)Extends the same validation to judicial registrars appointed under sections 53 or 53A of the Magistrates Act.
- •Magistrates who never took an oath must take the correct one within three months of commencement or lose their officeClause 4 (new s 69(3))If the magistrate does not, within 3 months after the commencement, take the 2013 oath or make the 2013 affirmation, the magistrate ceases to hold office.
7/5/2015· Hon Y D'Ath MPGovernment & Elections
2
Mental Health (Recovery Model) Bill 2015
WithdrawnThis bill was withdrawn from consideration and will not become law.- •Magistrates can discharge you if you appear to have been of unsound mind at the time of an alleged offence or are unfit for trial, without the matter having to go to a higher courtChapter 6, Part 2 (s 175)The Bill rectifies a major deficiency in the current legal framework in Queensland, by expressly enabling magistrates to discharge persons who appear to have been of unsound mind at the time of an alleged offence or unfit for trial.
- •The Mental Health Court can make a less restrictive court treatment order instead of a forensic order where your role in the offence is relatively minorChapter 5, Part 4, Division 2 (s 143)The Bill gives the Mental Health Court an additional option of making a court treatment order for a person. The intention of these provisions is to provide a less intensive form of order to apply, for example, where a person's role in a serious offence is relatively minor.
- •For the most serious violent offences such as murder, rape and grievous bodily harm the Mental Health Court can impose a non-revoke period of up to 7 years on a forensic orderChapter 5, Part 4, Division 4 (s 151)The Mental Health Court will be able to set a non-revoke period for forensic orders of up to 7 years for serious violent offences such as murder, rape and grievous bodily harm.
- •If you are a victim of an unlawful act you can apply for an information notice to be told about reviews, transfers and when a patient is authorised to receive community treatmentChapter 10, Part 6 and Schedule 1Victims of unlawful acts may apply to receive specific information about the person who committed the unlawful act, including when community treatment is authorised for the person.
5/5/2015· Mr M McArdle MPHealth
3
Electoral and Other Legislation Amendment Bill 2015
Passed (amended)This bill became law after being modified during debate.- •The head of Queensland's corruption watchdog will get a taxpayer-funded pension similar to a Supreme Court judge'sClause 47 (new sections 238A-238K)Applies the Judges (Pensions and Long Leave) Act 1957 to the CCC chairperson, with modifications.
- •A CCC chairperson must serve at least five years to qualify, and cannot draw the pension until age 65New sections 238D and 238FEntitlement requires five years' service, accrues at 6% per year up to 60% of the prescribed salary, and is not payable before age 65.
- •A CCC chairperson who is removed from office for misconduct loses their pension entitlementNew section 238ISubdivision 3 does not apply to a former chairperson whose appointment is terminated under section 236(3) unless the Governor in Council decides otherwise.
27/3/2015· Hon Y D'Ath MPGovernment & Elections
18