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Criminal Code and Jury and Another Act Amendment Bill 2008 A number of Australian states and territories, as well as some overseas jurisdictions (including New Zealand), have introduced judge alone criminal trials in higher courts. No Australian jurisdiction allows a trial by judge alone without consent of the accused. Western Australia is currently the only Australian jurisdiction that gives the judge an overriding discretion to decide whether to order
Recording of Evidence Regulation 2008 The Recording of Evidence Regulation 1992 (the Regulation) is due to expire and be repealed on 31 August 2008. The Recording of Evidence Act 1962 (the Act) allows the recording of legal proceedings in or before any court, justices, tribunal or judicial person, and for the subsequent transcription of a record. The Regulation prescribes various matters for the Act. The recording of evidence and
Recording of Evidence Regulation 2008 The Recording of Evidence Regulation 1992 (the Regulation) is due to expire and be repealed on 31 August 2008. The Recording of Evidence Act 1962 (the Act) allows the recording of legal proceedings in or before any court, justices, tribunal or judicial person, and for the subsequent transcription of a record. The Regulation prescribes various matters for the Act. The recording of evidence and
Government Response to the Review of the civil and criminal justice system in Qld Report On 28 July 2008, a review of the civil and criminal justice system in Queensland was launched by the Queensland Government. Former Senior Judge Administrator, the Honourable Martin Moynihan AO QC, was appointed to conduct the review and report on the working of Queensland courts in the civil and criminal jurisdictions with a view to making more effective use of public resources. The Terms of Ref
Strategic Response to the State Penalties Enforcement Registry outstanding fine pool The State Penalties Enforcement Registry (SPER) has been responsible for collecting unpaid fines in Queensland since 2000. It provides debtors with a wide range of flexible payment options to facilitate compliance by debtors. SPER recovers court ordered fines, which are paid into consolidated revenue, and court ordered restitution or compensation which is paid to victims of crime. The effective e
Penalties and Sentences (Sent Advis Council Amend Bill 2010 The criminal justice system plays an important role in creating a safe community for Queenslanders. It is vital that the community has confidence in the sentencing process. The Queensland Penalties and Sentences Act 1992 sets out the purposes of sentencing and the guidelines to be followed. It also contains the sentencing options available to the court. The Penalties and Sentences (Sentencing
Magistrates entitlements and retirement age Section 47 of the Magistrates Act 1991 prescribes that, in addition to salary, Magistrates are to be paid allowances as determined by the Governor in Council. The terms and conditions of Magistrates (other than remuneration as salary) determined by the Governor in Council are published in the Magistrates’ Entitlements booklet. A departmental protocol was established in which proposed changes to Ma
Referral NonParole Periods Sentencing advisory council The Sentencing Advisory Council for Queensland was established under changes to the Penalties and Sentences Act 1992 (Qld), to help bridge any gap between community expectations, the courts and government on the complex issue of sentencing criminal offenders. The aims behind the Sentencing Advisory Council will be to promote greater consistency in sentencing; stimulate balanced public debate and
Penalties and Sentences and Other Legislation Amendment Bill 2012 As part of its election commitments, the Government pledged to increase the penalty unit value from $100 to $110; and introduce a nominal administration fee on all criminal justice related outcomes in the Supreme and District ($300) and Magistrates ($100) Courts where an offender is found guilty.  The Penalties and Sentences and Other Legislation Amendment Bill 2012 delivers on these commitments b
Future of the Sentencing Advisory Council The Sentencing Advisory Council is an independent statutory body which was established in December 2010 under amendments to the Penalties and Sentences Act 1992. The Council has six statutory functions which are: to provide its views on the giving or review of guideline judgments prepared by the Court of Appeal; if requested, provide advice to the Attorney-General on sentencing matters; to provide
Endorsement of guide for granting of indemnity or legal assistance The Guideline for the Grant of Indemnities and Legal Assistance to State Employees (Employees’ Guideline), the Guideline for the Grant of Indemnities and Legal Assistance to Ministers and Assistant Ministers (Ministers’ Guideline) and the Guideline for the Grant of Indemnities and Legal Assistance to Queensland Judicial Officers (Judicial Officers’ Guideline) state the principles and practices for
Classification of Computer Games and Images and Other Legislation Amendment Bill 2012 The National Classification Scheme (NCS) is a cooperative arrangement between Commonwealth, State and Territory governments underpinned by an Intergovernmental Agreement on Censorship and supported by a legislative framework comprising the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (the Commonwealth Act) and complementary State and Territory legislation. The relevant Q
Justice and other Legislation Amendment Bill 2013 The Attorney-General is responsible for the administration of over 200 statutes. Periodically, these Acts are reviewed to identify amendments which are desirable for ensuring that the Acts continue to operate in the manner intended. Other amendments to legislation may be identified as a result of court or tribunal decisions or representations by administering agencies and stakeholders. The Jus
Appointment to Industrial Court of Queensland The Industrial Court of Queensland is a superior court of record in Queensland. Mr David Hall retired as president of the Industrial Court of Queensland effective 4 October 2013. Section 243 of the Industrial Relations Act 1999 provides for appointment to the office of president of the court. Cabinet approved that the Honourable Justice Glenn Martin AM be recommended to the Governor in Council fo
Criminal Law Criminal Organisations Disruptions Bill 2013 To deliver on the commitment to implement tougher laws to tackle criminal gangs, the Government has implemented a comprehensive package of legislative reforms contained in three Acts: the Tattoo Parlours Act 2013, the Vicious and Lawless Association Disestablishment Act 2013 and the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013. As foreshadowed in Parliament during the Octob
Penalties and Sentences Indexation Amendment Bill 2013 The penalty unit is the basic monetary value for most fines and penalty infringement notices (PINs, commonly called ‘tickets’). When an offence is created by legislation, the legislation also prescribes the penalty. In most cases the penalty is prescribed as a multiple of the penalty unit. The value of the penalty unit is prescribed in section 5 of the Penalties and Sentences Act 1992 and is $110
State Development and Public Works Organisation and Other Legislation Amendment Bill 2015 The State Development and Public Works Organisation and Other Legislation Amendment Bill 2015 (the Bill) implements the government’s election commitment to restore community objection rights removed by the Mineral and Energy Resources (Common Provisions) Act 2014 under the former government. The Bill repeals section 47D of the State Development and Public Works Organisation Act 1971 (SDPWO Act).
Youth Justice and Other Legislation Amendment Bill 2015 A first stage of reforms has been completed in relation to legislative amendments to the Youth Justice Act 1992, Childrens Court Act 1992, and Penalties and Sentencing Act 1992. The Youth Justice and Other Legislation Amendment Bill 2015 provides for the: reinstatement of both the sentencing principle in the Youth Justice Act 1992 that a detention order and detaining of a child in custody for an
Mental Health Amendment Bill 2016 The Mental Health Amendment Bill 2016 (the Bill) amends the Mental Health Act 2016 (the Mental Health Act) and the Public Health Act 2005 (the Public Health Act) to support implementation of the Mental Health Act. The Bill amends the Mental Health Act to clarify that oral or written statements made by a person: during an assessment regarding unsoundness of mind or fitness for trial are not admiss
Appointment of Assisting Psychiatrists to Mental Health Court Established under the Mental Health Act 2000, the Mental Health Court determines the mental condition of persons charged with indictable offences, decides on appeals against decisions made by the Mental Health Review Tribunal and considers other matters relating to the detention of patients and applications for changing forensic orders. It also has special powers of inquiry into the lawfulness of
Court and Civil Legislation Amendment Bill 2017 The justice portfolio encompasses the administration of over 150 statutes which are periodically reviewed to identify amendments to ensure that the Acts continue to operate in the manner intended. The Court and Civil Legislation Amendment Bill 2017 makes miscellaneous amendments to various statutes in the justice portfolio, including amendments to: the Classification of Computer Games and Images
Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017 The Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017 (the Bill) provides an appropriate framework for the establishment, imposition and management of a new sentencing order called a Drug and Alcohol Treatment Order (Treatment Order). The Bill implements the reintroduction of diversionary processes and programs and the recommendations of the Drug
Appointment of members to Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) establishes QCAT and provides for appointment of members and adjudicators. Sections 183 and 198 of the QCAT Act provide that: as many senior members, ordinary members and adjudicators as are required for the proper functioning of the tribunal must be appointed; a senior member, ordinary member or adjudicator must be recommended f
Amendment to Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017 The Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017 (the Bill) provides a framework for the expungement of historical convictions or charges for homosexual acts. The Bill substantively implements the recommendations of the Queensland Law Reform Commission Report No. 74 - August 2016, Expunging criminal convictions for historical gay sex offences. Amendments to be introduced
Appointments Queensland Civil and Administrative Tribunal - September 2020 The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that efficiently resolves disputes on a range of matters. QCAT’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions about: adult administration and guardianship; administrative decisions; anti-discrimination; building disputes; children and young
Appointments Queensland Civil and Administrative Tribunal - March 2021 The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that efficiently resolves disputes on a range of matters. QCAT’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions about: adult administration and guardianship; administrative decisions; anti-discrimination; building disputes; children and young peop
Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021 The Police Legislation (Efficiencies and Effectiveness) Amendment Bill 2021 (the Bill) amends the Police Powers and Responsibilities Act 2000 (PPRA), Oaths Regulation 2021 (Oaths Regulation), Police Service Administration Act 1990 (PSAA), Police Service Administration Regulation 2016 (PSAR) and the Weapons Act 1990 (Weapons Act). The amendments are designed to support the efficient and effective
Police Powers and Responsibilities and Other Legislation Amendment Bill 2021 The Police Powers and Responsibilities and Other Legislation Amendment Bill 2021 (the Bill) amends various laws to enhance the delivery of efficient, quality, front line services. The Bill expands the existing police banning notice regime to apply to adults who unlawfully possess a knife in licensed premises, a public place in a safe night precinct and public events where alcohol is sold. The Bil
Appointments Deputy Public Interest Monitors The Deputy Public Interest Monitors are appointed by the Governor in Council under section 324 of the Crime and Corruption Act 2001 and section 740 of the Police Powers and Responsibilities Act 2000. The Deputy Public Interest Monitors’ functions include: appearing at court hearings to test the validity of applications by law enforcement authorities for surveillance device warrants, retrieval warr
Appointments to Mental Health Court Established under the Mental Health Act 2016, the Mental Health Court is constituted by a Judge of the Supreme Court of Queensland, assisted in relation to psychiatric and intellectual disability matters by one or two assisting clinicians to enable mentally ill and intellectually disabled offenders to be moved from the criminal justice system into the mental health system. An assisting clinician m
Consultation on legislative framework for journalist privilege to shield disclosure of confidential sources The introduction of shield laws is a complex issue that requires detailed analysis and proper consideration and consultation. Journalist shield laws need to balance a journalist’s obligation to maintain the confidentiality of their sources in the interests of a free, independent and effective press and the public interest in the ability for the court to have access to all relevant evidence. A Con
Justice Legislation (COVID-19 Emergency Response — Permanency) Amendment Bill 2021 The Justice Legislation (COVID-19 Emergency Response—Permanency) Amendment Bill 2021 (the Bill) permanently implements certain aspects of temporary laws that were made in the Justice portfolio in response to the COVID-19 emergency. The Bill amends the following pieces of legislation: the Oaths Act 1867 to allow affidavits and statutory declarations to be signed electronically and witnessed over au
Evidence and Other Legislation Amendment Bill 2021 In June 2021, a discussion paper titled Shielding confidential sources: balancing the public’s right to know and the court’s need to know was released seeking feedback on the development of shield laws to better protect journalists’ confidential sources. The Evidence and Other Legislation Amendment Bill 2021 (the Bill) amends the Evidence Act 1977 (Evidence Act), Criminal Code, Magistrates Act 19
Appointment of a sessional ordinary member to the Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that efficiently resolves disputes on a range of matters. QCAT’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions about adult administration and guardianship, administrative decisions, anti-discrimination, building disputes, children and young peopl
Appointment of four sessional ordinary members to the Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that efficiently resolves disputes on a range of matters. QCAT’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions about adult administration and guardianship, administrative decisions, anti-discrimination, building disputes, children and young peopl
Transport Legislation (Road Safety and Other Matters) Amendment Bill 2022 The objectives of the Transport Legislation (Road Safety and Other Matters) Amendment Bill 2022 (the Bill) are to improve road safety, allow a broader range of motorised mobility devices (MMDs), make improvements to court and other processes, and make minor enhancements to transport and housing legislation. Amendments to the Transport Operations (Road Use Management) Act 1995 (the TORUM Act) impro
Appointment of sessional ordinary members to the Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that efficiently resolves disputes on a range of matters. QCAT’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions about adult administration and guardianship, administrative decisions, anti-discrimination, building disputes, children and young peopl
Appointments to the Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that efficiently resolves disputes on a range of matters. QCAT’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions about adult administration and guardianship, administrative decisions, anti-discrimination, building disputes, children and young peopl
Appointment of the Public Interest Monitor and two Deputy Public Interest Monitors The Public Interest Monitor (PIM) and Deputy Public Interest Monitors (DPIMs) are appointed by the Governor in Council under section 324 of the Crime and Corruption Act 2001 and section 740 of the Police Powers and Responsibilities Act 2000. The DPIM and PIM’s functions include: appearing in court hearings to test the validity of applications by law enforcement authorities for surveillance device
Appointments to Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal (QCAT) is an independent, accessible tribunal that efficiently resolves disputes on a range of matters. QCAT’s purpose is to provide a quick, inexpensive avenue to resolve disputes between parties and make decisions about adult administration and guardianship, administrative decisions, anti-discrimination, building disputes, children and young peopl
Appointment of a Deputy Public Interest Monitor The Public Interest Monitor (PIM) and Deputy Public Interest Monitors (DPIMs) are appointed by the Governor in Council under section 324 of the Crime and Corruption Act 2001 and section 740 of the Police Powers and Responsibilities Act 2000. The DPIM and PIM’s functions include: appearing in court hearings to test the validity of applications by law enforcement authorities for surveillance device
Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022 On 21 December 2017, the Commonwealth Government ratified the Optional Protocol to the Convention Against Torture (OPCAT). OPCAT aims to prevent torture or other cruel, inhuman or degrading treatment of persons deprived of their liberty through a two-part system of independent monitoring of places of detention, which requires ratifying state parties to: accept periodic visits by the United Nations
Appointment of the Chairperson and a Member to the Appeal Costs Board Section 6 of the Appeal Costs Fund Act 1973 (the Act) establishes the Appeal Costs Board (the Board). The role of the Board is to administer the Appeal Costs Fund (the Fund). The purpose of the Fund is to assist in the payment of costs incurred by litigants through no fault of their own in certain circumstances, such as when decisions are upset on appeal or proceedings are rendered abortive. The F
Appointment of DPP Section 4A of the Director of Public Prosecutions Act 1984 provides that there is to be a Director of Public Prosecutions (DPP) and establishes the Office of the Director of Public Prosecutions (ODPP). The ODPP’s responsibility is to prosecute criminal matters in the High Court of Australia, Court of Appeal (Qld), Supreme, Mental Health and District Courts and the Magistrates Court (in limited lo