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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of Evidence Regulation 2008 The Recording of Evidence Regulation 1992 (the Regulation) is due to expire and be repealed on 31 August 2008.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of Evidence Regulation 2008 The Recording of Evidence Regulation 1992 (the Regulation) is due to expire and be repealed on 31 August 2008.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
Increase to the penalty unit value Cabinet considered an increase to the penalty unit value from $75 to $100. Cabinet approved an increase in the penalty unit amount from $75 to $100 to reflect movements in the Consumer Price Index, commencing 1 January 2009. Cabinet approved the penalty unit increase be reviewed every three years to take account of CPI increases. Cabinet approved amendments to the Penalties and Sentences Act 1992
Coroners and Other Acts Amendment Bill 2008 The Bill implements amendments identified in an operational review of the Coroners Act which, when it came into force in 2003, established a new coronial regime focussed on finding the truth of what occurred in order to prevent deaths from similar causes happening in the future. The review was conducted by the Department of Justice and Attorney-General. The proposed amendments are primarily proced
Justice and Other Legislation Amendment Bill 2008 The Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland is responsible for the administration of approximately 190 Acts. Periodically, these Acts are examined to identify minor amendments which can be made to ensure that the Acts continue to operate in the manner intended. The Justice and Other Legislation Amendment Bill 2008 includes such minor ame
Review of the Criminal and Civil Justice System in Queensland - Terms of Reference Criminal offences are divided into two main classes: indictable offences, which are more serious crimes, and summary offences of a more minor nature. An indictable offence is ordinarily prosecuted before a judge and jury. In some circumstances, offences declared to be indictable may be dealt with summarily in a Magistrates Court, generally at the election of the accused. Former Senior Judge Ad
Arrangements for Judicial Officers In January 2009, the Premier of Queensland announced the Queensland Government would tighten the guidelines for judicial entitlements Cabinet approved amended entitlements for the Chief Justice, judges and magistrates to align all appointment and transfer arrangements with those that apply to all officers of the public service and specify that the transfer arrangements only apply to compulsory tra
Response to Private Member's Bill - Juvenile Justice (Sentencing Principles) Amendment Bill 2009 The member for Southern Downs, Mr Lawrence Springborg MP, introduced the Juvenile Justice (Sentencing Principles) Amendment Bill 2009 as a Private Member’s Bill on 3 June 2009. The Explanatory Notes to the Bill state the purpose of the Bill is to amend the Juvenile Justice Act 1992 to remove reference to detention as a last resort. Cabinet considered that the removal of the principle of detenti
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
Criminal Code and Other Leg Amendment Bill The Bill implements recommendations made by the Crime and Misconduct Commission (CMC) in its recent report concerning the investigation of former Director-General of the Department of Employment and Training. The Bill also introduces new measures to allow disciplinary action to be taken against former public officials (including police officers) who had abused or breached their public obligation
Juvenile Justice Amendment Bill The Bill proposes amendments to the Juvenile Justice Act 1992, Child Protection Act 1999, Young Offenders (Interstate Transfer) Act 1987 and other Acts. A review of the Juvenile Justice Act was conducted to ensure it was providing an effective framework for a best practice youth justice system with the capacity to respond to current demands and challenges. The amendments propose to: give court
Queensland Civil and Administrative Tribunal Legislation On 12 March 2008, the Premier announced that that a new civil and administrative tribunal was to commence in the second half of 2009 The new tribunal would deal with a range of matters currently dealt with by tribunals as well as some civil disputes (including small claims and minor debt matters) and a range of administrative decisions that are currently dealt with in the courts. The Queensland
Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill 2009 In 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 report on the r
Expiry of Aboriginal and Torres Strait Islander Justice Agreement The Justice Agreement was signed by the Queensland Government and the Aboriginal and Torres Strait Islander Advisory Board on behalf of the Aboriginal and Torres Strait Islander peoples of Queensland in 2000. The Justice Agreement has the long term aim of reducing the rate of Aboriginal and Torres Strait Islander people coming into contact with the Queensland criminal justice system to at least th
Civil Liability and other Legislation Amendment Bill 2009 The Civil Liability and Other Legislation Amendment Bill 2009 amends and modernises the civil liability and personal injury regime in Queensland. The Bill includes amendments to: re-base and facilitate the future indexation of monetary amounts in the Civil Liability Act 2003 (CLA), the Motor Accident Insurance Act 1994 and the Personal Injuries Proceedings Act 2002 (PIPA), including the legal cos
Criminal Code (Honesty and Integrity in Parliament) The Member for Surfers Paradise and then Leader of the Opposition and Shadow Minister for the Arts, Mr John-Paul Langbroek MP, introduced the Criminal Code (Honesty and Integrity in Parliament) Amendment Bill 2009 on 19 August 2009. The Explanatory Notes to the Bill state the purpose of the Bill is to amend the Criminal Code to introduce the offence of giving false evidence to Parliament and the
Qld Civil and Administrative Tribunal and other Leg Amendment Reg (No. ) 2009 On 12 March 2008, the Premier and Minister for the Arts announced that that a new civil and administrative tribunal was to commence in the second half of 2009. The new tribunal would deal with a range of matters currently dealt with by tribunals as well as some civil disputes (including small claims and minor debt matters) and a range of administrative decisions that are currently dealt with in t
National Indigenous Law and Justice Framework The National Indigenous Law and Justice Framework (the Framework) has been developed by the Standing Committee of Attorneys-General (SCAG) to provide a national approach to reducing the disproportionate involvement of Aboriginal people and Torres Strait Islanders with the justice system as victims and offenders and improve community safety. The five inter-related goals of the draft Framework are:
State Penalties Enforcement Bill 2009 Amendments to the State Penalties Enforcement Act 1999: The State Penalties Enforcement and Other Legislation Amendment Bill 2009 (the Bill) amends that Act to: extend driver licence suspension to unpaid amounts for non-motor related offences; strengthen the State Penalties Enforcement Register’s (SPER) existing powers of seizure and sale; create new powers and processes to wheel clamp the vehicle
Civil and Criminal Jursidiction Reform and Modernisation Amendment Bill 2010 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 report on th
Criminal Code (Serious Assaults on Police) The Member for Southern Downs and Deputy Leader for the Opposition, Mr Lawrence Springborg MP introduced the Criminal Code (Serious Assaults on Police and Particular Other Persons) Amendment Bill 2010 as a Private Member’s Bill in February 2010. The Bill proposed amendments to section 340 of the Criminal Code, which contains the offence of serious assault. The Bill aims to introduce mandatory mini
Govt response to Crime and Misconduct Commission Report Restoring Order The CMC report Restoring order: Crime prevention and local justice in Queensland’s Indigenous communities was released on 20 November 2009, in response to the Queensland Government’s 2007 request for a review of policing in Indigenous communities. Cabinet broadly supported all six recommendations of the CMC. Five of the CMC recommendations were supported in full, including: a focus on crime preven
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
Review of Domestic and Family Violence Protection Act Cabinet previously endorsed the ‘Queensland Government Strategy to Reduce Domestic and Family Violence 2009-2014’ (the Strategy) and approved the Terms of Reference for a review of the Domestic and Family Violence Protection Act 1989 (DFVPA). The Department of Communities is leading the review of the DFVPA to ensure that the Act supports the implementation of the Strategy and is effective and e
Strategic Response - State Penalties Enforcement Registry outstanding fine pool The State Penalties Enforcement Registry (SPER) has been responsible for collecting and enforcing 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 generally paid into consolidated revenue, and court ordered restitution or compensation which is paid to victims o
Strengthening Adult Sentencing Regime The criminal justice system plays an important role in creating a safe community for Queenslanders. Equally as important is the need to ensure that people within the community also enjoy a sense of safety. The task of sentencing is complex and is one of the most difficult functions performed by the courts. It is vital that the Queensland community has confidence in the criminal sentencing process
Guidelines for post-coviction DNA testing The Griffith University Innocence Project has suggested law reform in Queensland to assist convicted persons in establishing their innocence through testing of DNA post-appeal. A convicted offender must be required to meet certain criteria to request post-conviction DNA testing. For example, the application must relate to a conviction for an offence carrying a maximum or mandatory penalty of life
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
Government Response to Coronial Recommendations 2009 The Queensland Government Response to Coronial Recommendations 2009 (the report) documents the Government’s response to coronial recommendations and comments directed to the Queensland Government departments in 2009. The report contains implementation details for one hundred and thirty-seven recommendations and comments directed to the Queensland Government drawn from forty-three coronial inquests
Criminal Code and Other Legislation Amendment Bill The primary objectives of the Criminal Code and Other Legislation Amendment Bill 2010 are to: amend the excuse of accident (section 23(1)(b), Criminal Code) to omit the term ‘accident’ and substitute the term with a phrase which better reflects the ‘reasonably foreseeable consequence’ test; recast the partial defence of provocation (section 304, Criminal Code) to address its bias and flaws, as r
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
Justice and other Legislation Amendment Bill The Attorney-General and Minister for Industrial Relations is responsible for the administration of more than 140 Acts. Periodically these Acts are reviewed to identify minor, technical or other amendments which can be made to ensure that the Acts continue to operate in the manner intended. The amendments required as a result of this review are generally included in the one annual Bill, the Just
Qld Aboriginal and Torres Strait Islander Justice Agreement 2011-14 The Queensland Aboriginal and Torres Strait Islander Justice Agreement 2000-2010 expired in December 2010. An internal assessment of the Justice Agreement highlighted a need to redirect efforts based on what works to deliver real outcomes. Following the cessation of the Justice Agreement, the Government has developed a draft Queensland Aboriginal and Torres Strait Islander Justice Strategy for con
Queensland Aboriginal and Torres Strait Islander Justice Strategy 2012-2015 Just futures The State Government has conducted extensive consultations with Aboriginal and Torres Strait Islander communities throughout Queensland to develop a new Aboriginal and Torres Strait Islander Justice Strategy, Just futures (the strategy). The strategy will run from January 2012 to June 2015 and succeeds the Aboriginal and Torres Strait Islander Justice Agreement 2000–2010. The strategy commits Go
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
Government response to coronial recommendations 2011 report The report, The Queensland Government’s Response to Coronial Recommendations 2011 (the 2011 Report) documents the Government’s response to coronial recommendations and comments directed to it in 2011 as well as those which were still under consideration in the 2010 Report. The 2011 Report details the implementation status of one hundred recommendations and comments directed to Government originat
Youth Justice (Boot Camp Orders) and Other Legislation Amendment Bill 2012 As part of its 2012 election commitments, the Government committed to a two year trial of a youth boot camp diversion program. The youth boot camp diversion program, which consists of an early intervention boot camp in the Gold Coast area and a sentenced youth boot camp program in the Cairns and surrounding area, is an initiative under the Safer Streets Crime Action Plan. These programs will targ
Commercial Arbitration Bill 2012 Arbitration is a formal dispute resolution process in which two or more parties refer their dispute to an independent third person (the arbitrator) for determination. The result of the arbitration, known as the award, is enforceable in the same manner as a court judgment. The Commercial Arbitration Act 1990 currently governs domestic commercial arbitrations in Queensland. The Act, which is one o
Appointment one full time member Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal Act 2009 establishes the Queensland Civil Administrative Tribunal (QCAT) and provides for the appointment of members and adjudicators. QCAT commenced on 1 December 2009 and amalgamated 18 of the State’s tribunals and other bodies into one, providing a single gateway through which the community can access civil and administrative justice. The functio
Guardianship and Administration and Other Legislation Amendment Bill 2012 As part of the Queensland Government’s 100 day action plan, the Government committed to ‘commence drafting legislative amendments to install the Independent Public Advocate as a statutory authority’, within the first 30 days. The Public Advocate is established under the Guardianship and Administration Act 2000 as an integral part of Queensland’s guardianship system, which protects and promotes th
Appointments to the Parole Boards The Queensland Parole Board, the Southern Queensland Regional Parole Board and the Central and Northern Queensland Regional Parole Board are independent statutory bodies established under the Corrective Services Act 2006. The parole boards determine parole applications from prisoners who are serving sentences in excess of three years, all sex offenders and offenders determined to be serious violen
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
Expanding Youth Boot Camp Trial and Youth Justice Blueprint There is widespread community concern about crime and Queensland communities are seeking more effective responses to youth crime, in particular. This Government has delivered the first step towards reforming the youth justice system with the introduction of the trial of youth boot camps and the announcement of the review of the Youth Justice Act 1992 as part of the Government’s Six Month Action Pl
Qld Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal (Justice of the Peace) Amendment Bill 2013 (Bill) incorporates the following key elements: enabling two justices of the peace to constitute the Queensland Civil and Administrative Tribunal (QCAT) for determining minor civil disputes, excluding disputes with a value of more than $5,000 and urgent residential tenancy matters; and requiring one of the
Appointments of Justices of the Peace for Qld Civil and Administrative Tribunal As part of the election commitments, the Government committed $3.5 million over four years to the justice of the peace (JP) program to enhance and refocus the role of JPs in the community. As part of this commitment, a trial is to be undertaken to expand the role of JPs to hear minor civil disputes (MCD) with a value of $5,000 or less and non-urgent residential tenancy matters in the Queensland C
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
Appointment of Deputy Director of Public Prosecutions Section 4A of the Director of Public Prosecutions Act 1984 (the Act) establishes the Office of the Director of Public Prosecutions (DPP). Section 17 of the Act provides for the appointment of a Deputy DPP. Section 10 of the Act provides that the DPP’s functions are to: prepare, institute and conduct criminal proceedings on behalf of the Crown; prepare and conduct appeals against convictions or pen
Appointment Criminal Organisation Public Interest Monitor The Criminal Organisation Act 2009 (the Act) seeks to disrupt and restrict the activities of organisations involved in serious criminal activity and to disrupt and restrict the activities of the members and associates of such organisations who are involved in serious criminal activity. Section 83 of the Act provides for the appointment of the Criminal Organisation Public Interest Monitor (COPIM)
Appointment Justices of the Peace Qld Civil and Administrative Tribunal As part of the election commitments, the Government committed $3.5 million over four years to the justice of the peace (JP) program to enhance and refocus the role of JPs in the community. As part of this commitment, a trial commenced in June 2013 to expand the role of JPs to hear minor civil disputes (MCD) with a value of $5,000 or less and non-urgent residential tenancy matters in the Queenslan
Appointments to Legal Aid Board Section 48 of the Legal Aid Queensland Act 1997 establishes the Legal Aid Board. The function of the Board is to responsibly manage Legal Aid Queensland and ensure that Legal Aid Queensland achieves its objects under the Act. Under section 49 of the Act, the Board consists of five persons (including one as the Board Chairperson) appointed by the Governor in Council. Cabinet endorsed that Mr Bri
Appointments of JPs to Qld Civil and Administrative Tribunal As part of its election commitments, the Government committed $3.5 million over four years to the Justice of the Peace (JP) program to enhance and refocus the role of JPs in the community. As part of this commitment, a trial commenced in June 2013 to expand the role of JPs to hear minor civil disputes with a value of $5,000 or less and non-urgent residential tenancy matters in the Queensland Civi
Youth Justice and Other Legislation Amendment Bill 2014 In satisfaction of a commitment under the Government’s Six month action plan (January – June 2013), a formal review of key aspects of the Youth Justice Act 1992 has been completed. The Youth Justice and Other Legislation Amendment Bill 2014, developed following community consultation on effective responses to youth crime, implements the outcomes of this review. The Bill delivers a number of refo
Appointment of Energy and Water Ombudsman Qld The Office of the Energy and Water Ombudsman Queensland (EWOQ) is an independent statutory authority which receives, investigates and facilitates the resolution of complaints made by small energy customers in Queensland and water customers in South East Queensland in relation to the connection, supply or sale of electricity, gas or water by a member of the Scheme. The EWOQ has offices in Brisbane,
Criminal Law Amendment Bill 2014 The main purpose of the Criminal Law Amendment Bill 2014 (the Bill) is to clarify or otherwise improve the operation of criminal law and criminal law related statutes within the portfolio of the Attorney-General and Minister for Justice. The Bill provides miscellaneous criminal law and other amendments to a number of Acts including: Acts Interpretation Act 1954; Bail Act 1980; Criminal Code; Dange
Appointments to health panels of assessors In accordance with the Health Ombudsman Act 2013, panels of assessors contribute to upholding professional standards by providing expert advice in response to questions of fact from judicial members who constitute the independent Queensland Civil and Administrative Tribunal (QCAT). QCAT deals with serious disciplinary matters which, if substantiated, may result in the cancellation or suspension of
Statutory review of the Victims of Crime Assistance Act 2009 The Victims of Crime Assistance Act 2009 (VOCA Act) commenced in December 2009. The purposes of the Act are to declare the fundamental principles of justice to underlie the treatment of victims; implement the principles of justice and set out processes to make complaints about conduct inconsistent with the principles; and establish a financial assistance scheme for victims who have suffered from a
Establishment of the Stolen Wages Reparations Scheme From 1897, previous governments controlled the lives, earnings and savings of Aboriginal and Torres Strait Islander Queenslanders under a range of ‘Protection Acts’. This included the underpayment of wages and mismanagement of savings accounts. The Queensland Government established a fund of $21 million to provide reparation to Aboriginal and Torres Strait Islander people whose wages and savings w
Appointments Queensland Civil and Administrative Tribunal Section 161 of the Queensland Civil and Administrative Tribunal Act 2009 (the 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 mu
Reappointment of Anti-Discrimination Commissioner Section 234 of the Anti-Discrimination Act 1991 (the Act) establishes the Anti-Discrimination Commission (the Commission) and provides that there is to be a Commissioner. Apart from specific powers given by the Act, the Commissioner has power to do all things necessary or convenient to be done in connection with the performance of the Commission’s functions, namely: inquiring into complaints and,
Appointment of Director of Public Prosecutions Section 4A of the Director of Public Prosecutions Act 1984 (the Act) establishes the Office of the Director of Public Prosecutions (DPP). Section 5 of the Act provides for the appointment of a DPP. Section 10 of the Act provides the DPP’s functions are to: prepare, institute and conduct criminal proceedings on behalf of the Crown; prepare and conduct appeals against convictions or penalties, on be
Reappointment of the Ombudsman The statutory office of Ombudsman is established under the Ombudsman Act 2001 (the Act) and is responsible to investigate administrative actions taken by, in or for certain agencies and recommending to government departments, local government and public authorities on ways of improving administrative processes. Section 58 of the Act provides that the Ombudsman is appointed by the Governor in Counc
Crime and Corruption Amendment Bill 2015 The Crime and Corruption Amendment Bill 2015 (the Bill) aims to restore independence and integrity to the Crime and Corruption Commission (CCC). The Bill makes amendments to the Crime and Corruption Act 2001 to: ensure the CCC chief executive officer (CEO) is not a commissioner, but retain a five member commission with the requirement for an additional ordinary commissioner to ensure the commissio
Criminal Law (Domestic Violence) Amendment Bill (No 2) 2015 In February 2015, the Special Taskforce on Domestic and Family Violence provided its report, Not Now, Not Ever: Putting an End to Domestic Violence in Queensland (the report) to the Honourable Annastacia Palaszczuk MP, Premier and Minister for the Arts. The report contains 140 recommendations on how the Government and the Queensland community can better address and reduce domestic and family viole
Further Education and Training (Training Ombudsman) Amendment Bill 2015 Working Queensland sets out the Queensland Government’s plan for creating jobs and lowering unemployment in order to lead Queensland to future prosperity. It also includes the commitment to establish an independent Training Ombudsman with the power to investigate complaints made about vocational education and training (VET), including apprenticeships and traineeships, in Queensland. The Further E
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
Appointments to Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) establishes Queensland Civil and Administrative Tribunal as an independent tribunal and provides for the appointment of members. QCAT commenced operation on 1 December 2009 and amalgamated 18 of the State’s tribunals and other bodies into one, providing a single gateway through which the community can access civil and administrat
Relationships Civil Partnerships and Other Acts Amendment Bill 2015 The Relationships (Civil Partnerships) and Other Acts Amendment Bill 2015 implements the Government’s election commitment to restore civil partnership ceremonies. The Bill ensures that adult couples, regardless of their gender, can have an official civil partnership ceremony to acknowledge and celebrate their relationships. The Bill reinstates civil partnership ceremonies by: renaming the Relatio
Energy and Water Ombudsman Amendment Bill 2015 The Energy and Water Ombudsman Queensland (EWOQ) provides a free, independent dispute resolution service for residential and small business customers to help them resolve complaints with energy and water suppliers. Small businesses for these purposes are currently defined as businesses using less than 100 megawatt hours (MWh) of electricity per year. This definition means that many businesses that
Appointment of the Public Guardian Section 9 of the Public Guardian Act 2014 (the Act) provides that there must be a Public Guardian. Section 10 of the Act provides that the Public Guardian’s role: in relation to adults who have impaired capacity for a matter, is to protect their rights and interests; and in relation to relevant children and children staying at a visitable site, is to protect their rights and interests. Section 97
Response to the Stolen Wages Reparations Taskforce Report From 1897, previous governments controlled the lives, earnings and savings of Aboriginal and Torres Strait Islander Queenslanders under a range of ‘Protection Acts’. This included the underpayment of wages and mismanagement of savings accounts. The Queensland Government committed to establish a fund of up to $21 million to provide reparation to Aboriginal and Torres Strait Islander people whose wa
Limitations of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 The Royal Commission into Institutional Responses to Child Sexual Abuse identified that one of the most significant barriers for victims seeking justice was that they were unable to meet the limitation periods within which to commence their claims. The Royal Commission considered that states and territory Governments should remove any limitation periods. The Limitations of Actions (Institutional C
Appointment of Director of Forensic Disability The Director of Forensic Disability, established under the Forensic Disability Act 2011 (the Act), has an independent statutory oversight role to ensure the protection of the rights of forensic disability clients, and that the detention, assessment, care and support, and protection of clients comply with the Act. As outlined under the Act the Director has the following functions: ensuring that th
Protocol for judicial appointments in Queensland The Government has committed to review the current processes for the appointment of judicial officers in Queensland, and to consult extensively with stakeholders in the development of a protocol as to how judicial appointments ought to be made. To enhance the judicial appointments process in Queensland, a discussion paper was released in October 2015 seeking feedback on: the skills, attributes an
Appointment of sessional members to the 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
Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016 The Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016 amends the Penalties and Sentences Act 1992 by establishing the Queensland Sentencing Advisory Council, an independent body which will enhance the community’s confidence in the criminal sentencing process. The Queensland Sentencing Advisory Council provides the government, the judiciary and the community wit
Appointment of members of the Queensland Sentencing Advisory Council The Queensland Sentencing Advisory Council is established by the Penalties and Sentences Act 1992. The Queensland Sentencing Advisory Council’s main functions are to: provide the Council’s view about the giving or reviewing of a guideline judgement; advise the Attorney-General on matters relating to sentencing and increase community awareness; publish researched information; and consult the com
Appointment of Energy and Water Ombudsman Queensland The statutory office of the Energy and Water Ombudsman was established under the Energy and Water Ombudsman Act 2006. The Office of the Ombudsman is an independent statutory authority who receives, investigates and facilitates the resolution of complaints made by small energy and South East Queensland water customers, or by a Scheme member in relation to the connection, supply or sale of electrici
Appointment of the Public Advocate Section 208 of the Guardianship and Administration Act 2000 provides that there must be a Public Advocate. The Public Advocate is responsible for: promoting and protecting the rights of adults with impaired capacity for a matter; promoting the protection of the adults from neglect, exploitation or abuse; encouraging the development of programs to help the adults to reach the greatest practicable
Response to the Independent Review of the Gasfields Commission The Gasfields Commission, an independent statutory body, was established to manage and improve sustainable coexistence between rural landholders, regional communities and the onshore gas industry. The Commission was formally established on 1 July 2013, at a time of rapid development of the coal seam gas to liquefied natural gas industry. In March 2016, the Queensland Government commissioned an ind
Appointment of the Training Ombudsman The Further Education and Training Act 2014 provides for the appointment of the Training Ombudsman as an independent statutory position aimed at restoring accountability within the training sector by providing vocational education and training (VET) stakeholders with dispute resolution services for what can be a very complex sector. The Training Ombudsman provides complete wrap around support for
Youth Justice and Other Legislation (Inclusion of 17 year old Persons) Amendment Bill 2016 The youth justice system in Queensland currently applies to young people aged between 10 and 16 years of age, with 17-year-olds treated as adults in the criminal justice system. Inclusion of 17-year-olds in the adult criminal justice system is inconsistent with the United Nations Convention on the Rights of the Child, and the law in all other Australian states and territories. It is also inconsist
Building Industry Fairness (Security of Payment) Bill 2017 The Security of Payment discussion paper was released in December 2015, followed by extensive consultation. The Queensland Building Plan: A discussion paper for industry and consumers, released in November 2016, proposed reforms to key areas including security of payment. Consultation outcomes reinforced previous analysis of systemic problems within the building and construction industry. The resu
Corrective Services (Parole Board) and Other Legislation Amendment Bill 2017 On 9 August 2016, the Premier and Minister for the Arts announced an independent review into the parole system in Queensland following the alleged murder of an elderly Townsville woman by a man on parole following his release from the Townsville Correctional Centre that same day. Mr Walter Sofronoff QC was appointed to conduct the review. On 1 December 2016, Mr Sofronoff delivered his report to t
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
Councillor Complaints Review Report In 2016, the Queensland Government announced the appointment of an independent panel to review arrangements for dealing with complaints about the conduct of local government councillors. The review was commissioned to examine and evaluate the effectiveness of the current councillor conduct complaints system to ensure that councillors are held to high standards of ethical and legal behaviour. The
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
Government response to Committee Report No 31 Inquiry into performance of Health Ombudsman functions In June 2016 the Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee (the Committee) resolved to conduct an inquiry into the performance of the Health Ombudsman’s functions pursuant to section 179 of the Health Ombudsman Act 2013. The Committee tabled its report in December 2016. The Committee noted significant concerns that the Office of the Health Ombud
Land Access Ombudsman Bill 2017 The Land Access Ombudsman Bill 2017 sets out the legislative framework to enable the establishment of an independent Land Access Ombudsman by setting out the functions, powers and administrative arrangements of the Office of the Land Access Ombudsman. It also migrates existing provisions contained in the Mineral and Energy Resources (Common Provisions) Transitional Regulation 2016 related to land
Appointment of Health Ombudsman The Health Ombudsman is established under the provisions of the Health Ombudsman Act 2013 (the Act). Pursuant to section 25 of the Act, the Health Ombudsman’s role includes undertaking investigations, inquiries and other relevant action and reporting on systemic issues relating to health service complaints. The Health Ombudsman reports to the Minister for Health and the Health, Communities, Disab
Reconciliation Plan for children who as wards of the State were placed in adult mental health facilities During the 1950s through to the 1980s, some Queensland children in the care of the State, who did not have an identified mental illness, were placed in adult mental health institutions. In 2010, the Queensland Government apologised to those who, as children in the care of the State of Queensland, suffered in any way while resident in an adult mental health facility. In 2016, Queensland Health beg
Social Housing Eligibility - Ex-gratia Payments During the 1950s through to the 1980s some Queensland children in the care of the State who did not have an identified mental illness, were placed in adult mental health institutions. In 2010, the Queensland Government apologised to those who, as children in the care of the State of Queensland, suffered in any way while resident in an adult mental health facility. In 2016, Queensland Health began
Youth Justice (Transitional) Regulation 2018 The Youth Justice (Transitional) Regulation 2018 (the Transitional Regulation) provides for the transfer of young people who are in the adult criminal justice system on commencement (both sentenced and not sentenced) into the youth justice system. The Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016, which authorises the making of the Transitional Regulati
Redress Scheme for Queensland Survivors of Institutional Child Sexual Abuse The Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) was established in January 2013 to inquire into how institutions, including Federal and state and territory governments, have responded to allegations and incidents of child sexual abuse. The Royal Commission presented its Redress and Civil Litigation Report in September 2015 and its final report in Decembe
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018 The Royal Commission into Institutional Responses to Child Sexual Abuse’s (Royal Commission) Redress and Civil Litigation Report was publicly released on 14 September 2015. The Report recommended establishment of a single national redress scheme to provide eligible applicants who experienced institutional child sexual abuse with a monetary payment, access to counselling and psychological care, and
Appointments to Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) establishes Queensland Civil and Administrative Tribunal 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 mem
Public Consultation - Births Deaths and Marriages Registration Act 2003 The Attorney-General and Minister for Justice and Leader of the House has initiated a review of the Births, Deaths and Marriages Registration Act 2003 (the Act) to ensure the Act provides a contemporary framework for the registration of life events that: facilitates the ongoing relevancy, efficiency and effectiveness of Registry of Births Deaths and Marriages (RBDM) in delivering services to meet
Consequential Marriage Equality Amendment to Births, Deaths and Marriages Registration Act The Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Commonwealth) (MADRF Act) commenced in December 2017. The MADRF Act introduced marriage equality by amending the definition of marriage to enable same-sex couples to marry. All Australians regardless of sex or gender have the right to be married in Australia. Same-sex marriages have been taking place since the commencement of the
Appointments to Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) establishes Queensland Civil and Administrative Tribunal 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 mem
Appointment of Health Ombudsman The Health Ombudsman is established under the provisions of the Health Ombudsman Act 2013 (the Act). The Health Ombudsman reports to the Minister for Health and Minister for Ambulance Services and the Health, Communities, Disability Services and Domestic and Family Violence Committee of the Queensland Parliament on the administration of the health service complaints management system. Pursuant to
Appointment of members to panels of assessors In accordance with the Health Ombudsman Act 2013, panels of assessors contribute to upholding professional standards by providing expert advice in response to questions of fact from judicial members who constitute the independent Queensland Civil and Administrative Tribunal (QCAT). QCAT deals with serious disciplinary matters which, if substantiated, may result in the cancellation or suspension of
Appointments to pool for Child Death Case Review Panels When a child who is known to the Department of Child Safety, Youth and Women (DCSYW) dies or suffers a serious physical injury, a two-step review process is undertaken. Chapter 7A of the Child Protection Act 1999 provides a system for the review of the involvement of the DCSYW with particular children who have since died or suffered serious physical injury. The system includes a review by the chie
Working Together, Changing the Story - Youth Justice Strategy 2019-2023 In February 2018, Mr Bob Atkinson AO, APM was commissioned to provide advice on the progress of the Queensland Governments youth justice reforms, next steps, other measures to reduce recidivism, and recommendations for youth detention from the Royal Commission into Institutional Responses to Child Sexual Abuse. In June 2018 a Report on Youth Justice was published which makes 77 recommendations tha
Whole-of-government submission to Queensland Productivity Commission of Inquiry into imprisonment and recidivism On 6 September 2018, the Deputy Premier, Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships directed the Queensland Productivity Commission (the QPC) to undertake an Inquiry into imprisonment and recidivism (the QPC Inquiry). The QPC Inquiry is required under its terms of reference to produce a draft report for public consultation by 1 February 2019 and a final report b
Appointment of assisting clinicians to the 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 medical 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 may be a psychiat
Appointments to Truth, Healing and Reconciliation Taskforce The Truth, Healing and Reconciliation Taskforce (the Taskforce) is established to provide advice to the Minister for Child Safety, Youth and Women and Minister for the Prevention of Domestic and Family Violence on key issues relating to the implementation of reforms arising from the Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission), and oversee a grants fund fo
Appointment of Commissioner for Police Service Reviews Commissioners for Police Service Reviews are appointed under section 9.2A of the Police Service Administration Act 1990 (the Act). They perform a review function in relation to police appointment, transfer and disciplinary decisions made under the Act. In accordance with section 9.2A(5) of the Act, each appointment as a Review Commissioner is for the term, not longer than three years. The Act doe
Reviews of Forensic Disability Act 2011 and Forensic Disability Service System in Queensland A review of the Forensic Disability Act 2011 (the FDA review) has been completed by the Queensland Government as required under section 157 of the Act. The FDA review attaches an independent review of the Forensic Disability Service System conducted by eminent sector representatives, Professor James R.P Ogloff AM, Dr Danny Sullivan, and Dr Janet Ruffles acting for the Centre for Forensic Behaviou
Personalised Transport Ombudsman Bill 2019 The Personalised Transport Ombudsman Bill 2019 (the Bill) establishes a new legislative framework to deliver a Personalised Transport Ombudsman (PTO) and makes amendments to the Transport Operations (Passenger Transport) Act 1994 (TOPTA), Integrity Act 2009, Public Service Act 2008, Tobacco and Other Smoking Products Act 1998 and Transport Infrastructure Act 1994 for various purposes. The Bill wil
Appointment of Land Access Ombudsman The Land Access Ombudsman is appointed under the Land Access Ombudsman Act 2017. The Land Access Ombudsman will have powers to operate and direct the Office of the Land Access Ombudsman. The appointment, along with the commencement of certain provisions in the Land Access Ombudsman Act 2017, precedes the formal establishment of the Office to allow the appointed Land Access Ombudsman sufficient tim
Appointment to Legal Aid Board Section 48 of the Legal Aid Queensland Act 1997 (the Act) establishes the Legal Aid Board (the Board). Under section 49 of the Act, the Board consists of five persons (including one as the Board Chairperson) appointed by the Governor in Council. Section 51(1) of the Act provides that a member of the Board must be appointed for a term of not longer than three years decided by the Governor in Counc
Appointment to Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) establishes the Queensland Civil and Administrative Tribunal (QCAT) and provides for the appointment of members. Section 183 of the QCAT Act provide that: as many ordinary members as are required for the proper functioning of QCAT must be appointed; an ordinary member must be recommended for appointment by the Minister after cons
Appointments to Appeal Costs Board Section 6(1) of the Appeal Costs Fund Act 1973 (the Act) establishes the Appeal Costs Board (the Board). The Act, in conjunction with the Appeal Costs Fund Regulation 2010, allows for the reimbursement to eligible applicants of certain costs associated with particular litigation and establishes the Appeal Costs Fund to meet those costs. Section 6(2) of the Act provides the Board shall consist of t
Appointment of Anti-Discrimination Commissioner Section 234 of the Anti-Discrimination Act 1991 (the Act) establishes the Anti-Discrimination Commission (the Commission) and provides that there is to be a Commissioner. Apart from specific powers given by the Act, the Commissioner has power to do all things necessary or convenient to be done in connection with the performance of the Commission’s functions, namely: inquiring into complaints and
Appointment of Ombudsman The statutory office of Ombudsman is established under the Ombudsman Act 2001 (the Act) and is responsible to investigate administrative actions taken by, in or for certain agencies and recommending to government departments, local government and public authorities on ways of improving administrative processes. Section 58 of the Act provides that the Ombudsman is appointed by the Governor in Counc
Appointments to Queensland Civil and Administration Tribunal The Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) establishes Queensland Civil and Administrative Tribunal. 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 for appointment by
Appointment to Mental Health Review Tribunal The Mental Health Review Tribunal (the Tribunal) is established under the Mental Health Act 2016 (the Act). Its primary role is to provide independent review of persons subject to involuntary detention and treatment under the Act. The Tribunal consists of a President, Deputy President and other members located across Queensland, comprised of psychiatrists, lawyers and other persons with relevant q
Appointments to nursing and midwifery panels of assessors In accordance with the Health Ombudsman Act 2013, panels of assessors contribute to upholding professional standards by providing expert advice in response to questions of fact from judicial members who constitute the independent Queensland Civil and Administrative Tribunal (QCAT). QCAT deals with serious disciplinary matters which, if substantiated, may result in the cancellation or suspension of
Qld Govt Participation in Royal Commission into Violence Abuse and Neglect of People with Disability On 27 February 2019, the Premier and Minister for Trade announced that Queensland supported a Royal Commission into violence against, abuse and neglect of people with disabilities and would work through the details with the Federal Government. On 5 April 2019, the Prime Minister formally announced the establishment of a Royal Commission into Violence, Abuse, Neglect and Exploitation of People wit
Appointments to paramedics panel of assessors In accordance with the Health Ombudsman Act 2013, panels of assessors contribute to upholding professional standards by providing expert advice in response to questions of fact from judicial members who constitute the independent Queensland Civil and Administrative Tribunal (QCAT). QCAT deals with serious disciplinary matters which, if substantiated, may result in the cancellation or suspension of
Agriculture and Other Legislation Amendment Bill 2019 The Agriculture and Other Legislation Amendment Bill 2019 (Bill) proposes a number of amendments to portfolio and other legislation. The principal Acts proposed to be amended by the Bill are: Animal Care and Protection Act 2001; Animal Management (Cats and Dogs) Act 2008; Biosecurity Act 2014; Chemical Usage (Agricultural and Veterinary) Control Act 1988; Drugs Misuse Act 1986, Part 5B; Environmen
Youth Justice and Other Legislation Amendment Bill 2019 The Queensland Government committed to commencing a review of the Youth Justice Act 1992 (YJ Act) in Working Together Changing the Story: Youth Justice Strategy 2019 - 2023. As part of the review, priority legislative amendments were identified that would complement other government initiatives aimed at reducing the high number of young people held on remand. The Youth Justice and Other Legislat
Appointment of Energy and Water Ombudsman and Land Access Ombudsman The Energy and Water Ombudsman is appointed by the Governor in Council under section 51 of the Energy and Water Ombudsman Act 2006. The Energy and Water Ombudsman receives, investigates and facilitates the resolution of complaints made by small energy customers and South East Queensland water customers, in relation to their electricity, gas or water providers. The Land Access Ombudsman is appointe
Report on Review of Queensland Civil and Administrative Tribunal Act 2009 Under section 240 of the Queensland Civil and Administrative Tribunal Act 2009 (the Act), a review has been conducted to determine whether the Act would benefit from any amendment. As part of the review, a discussion paper was released for public consultation (the Consultation Paper) in 2012. Ninety-seven responses to the Consultation Paper were received from a representative crosssection of Quee
Justice Legislation (Links to Terrorist Activity) Amendment Bill 2018 The Justice Legislation (Links to Terrorist Activity) Amendment Bill 2018 (the Bill) ensures that there is a presumption that neither bail nor parole will be granted to those persons who have demonstrated support for, or have links to, terrorist activity. The Bill: reverses the statutory presumption in favour of bail for any adult or child offender who has previously been convicted of a terrorism
Human Rights Bill 2018 The Human Rights Bill 2018 (the Bill) implements a Human Rights Act for Queensland based on the Victorian Charter of Human Rights and Responsibilities Act 2006. The Bill would protect and promote human rights, help build a culture in the Queensland public sector that respects and promotes human rights, and help promote a dialogue about the nature, meaning and scope of human rights. The Bill adopts
Appointment of Director of Forensic Disability The Forensic Disability Act 2011 (the Act) provides that there is to be a Director of Forensic Disability. The Director has an independent statutory oversight role to ensure the protection of the rights of forensic disability clients, and that the detention, assessment, care and support, and protection of clients comply with the Act. Under section 85 of the Act, the Director is appointed by the G
Civil Liability and Other Legislation Amendment Bill 2018 The Royal Commission into Institutional Responses to Child Sexual Abuse in the Redress and Civil Litigation Report (the Report) made recommendations for improving the capacity of the justice system to provide fair access and outcomes to survivors of child sexual abuse wishing to pursue a claim for civil damages for personal injury arising from the abuse. On 16 August 2016, the Government released
Qld Civil and Administrative Tribunal & Other Legislation Amendment Bill 2018 The Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018 (Bill) implements amendments arising from conclusions of the Report on the Review of the Queensland Civil and Administrative Tribunal Act 2009 to improve the operational efficiency of the Queensland Civil and Administrative Tribunal (QCAT) to better achieve the objects of the Queensland Civil and Administrat
Queensland Framework to address Sexual Violence In July 2018, the Queensland Government approved development of a whole-of-government framework to provide a cohesive and evidence-informed approach to preventing and responding to all forms of sexual violence. Prevent. Support. Believe. Queensland’s Framework to address Sexual Violence presents a clear vision and objectives for addressing sexual violence in Queensland, brings together existing ef
Appointments of Deputy Directors of Public Prosecutions Section 4A of the Director of Public Prosecutions Act 1984 (the Act) establishes the Office of the Director of Public Prosecutions (ODPP). The main function of the ODPP is to represent the State in the prosecution of criminal matters in the Magistrates (limited), District, Supreme and Mental Health Courts, the Court of Appeal and the High Court of Australia. Section 17 of the Act provides that th
Appointments to Queensland Civil and Administrative Tribunal The Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) establishes the Queensland Civil and Administrative Tribunal (QCAT) and provides for appointment of Senior Members, Ordinary 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 QCAT must be appointed; a
Appointment of Public Guardian Section 9 of the Public Guardian Act 2014 (the Act) provides that there must be a Public Guardian. Section 10 of the Act provides that the Public Guardian’s role: in relation to adults who have impaired capacity for a matter is to protect their rights and interests; and in relation to relevant children and children staying at a visitable site is to protect their rights and interests. Section 94 o
Appointment of Chief Executive Officer Legal Aid Queensland Section 41 of the Legal Aid Queensland Act 1997 (the Act) establishes Legal Aid Queensland (LAQ). The main functions of LAQ, as provided for in the Act are to: ensure legal assistance is given to persons in the most effective, economic, commercial and efficient way; manage its resources so as to make legal assistance available at a reasonable cost to the community and on an equitable basis throu
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 peop
Justice and Other Legislation Amendment Bill 2019 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. Other amendments to legislation may be identified as a result of court or tribunal decisions or representations by administering agencies and stakeholders. The Justice and Other Legislation Amendment Bil
Appointments to 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 Appeals 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
Appointments to Legal Aid Board Section 48 of the Legal Aid Queensland Act 1997 (the Act) establishes the Legal Aid Board (the Board). The functions of the Board under the Act are to responsibly manage Legal Aid Queensland (LAQ) and to ensure that LAQ achieves its objects under the Act. Under section 49 of the Act, the Board consists of five persons (including one as the Board Chairperson) appointed by the Governor in Council.
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 youn
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
Appointments Mental Health Review Tribunal The Mental Health Review Tribunal (the Tribunal) was established under the former Mental Health Act 2000 and is continued under the Mental Health Act 2016 (the Act). The Tribunal’s primary purpose is to review the involuntary status of persons with a mental illness and/or intellectual disability. The Act authorises the Tribunal to hear specified reviews, applications and appeals including treatm
Appointment of Ombudsman Section 11 of the Ombudsman Act 2001 (the Act) provides that there is to be an Ombudsman and that the Ombudsman is to be an officer of the Parliament. The functions of the Ombudsman, set out in section 12 of the Act, are: to investigate administrative actions of agencies: on reference from the Assembly or a statutory committee of the Assembly; on complaint; or on the ombudsman’s own initiative; t
Appointment of Director of Child Protection Litigation Section 7 of the Director of Child Protection Litigation Act 2016 (the DCPL Act) states there must be a Director of Child Protection Litigation (DCPL). The DCPL’s main functions are to do the following under the Child Protection Act 1999: prepare and apply for child protection orders and conduct protection proceedings; prepare and apply for transfers of a child protection order or child protectio
Appointment of Director of Public Prosecutions 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 l
Referral of voluntary assisted dying laws to Queensland Law Reform Commission In November 2018, the Premier and Minister for Trade asked the Parliamentary Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee (the Committee) to inquire into aged care, end-of-life and palliative care, including voluntary assisted dying. On 24 March 2020, the Committee tabled its ‘Aged care, end-of-life and palliative care’ report, making 77 recommend
Appointment of members to panels of assessors In accordance with the Health Ombudsman Act 2013, panels of assessors contribute to upholding professional standards by providing expert advice to judicial members who constitute the independent Queensland Civil and Administrative Tribunal (QCAT) in matters relating to disciplinary proceedings for health practitioners. QCAT deals with serious disciplinary matters which, if substantiated, may resul
Consultation RIS on regulating re-entry to National Injury Insurance Scheme (Qld) On 1 July 2016, the Queensland Government introduced two separate statutory schemes to establish Queensland’s National Injury Insurance Scheme (NIIS): a scheme to support people seriously injured in motor vehicle accidents, by introducing the National Injury Insurance Scheme (Queensland) Act 2016, and a scheme to support workers seriously injured in workplace accidents, by amending the Workers’ Co
Appointments to Lay and Practitioner Panels of Queensland Civil and Administrative Tribunal The Legal Profession Act 2007 (LP Act) empowers the Queensland Civil and Administrative Tribunal (QCAT) to hear and decide legal practitioner discipline matter referred to it by the Legal Services Commissioner. Section 598(1) of the LP Act provides that for a proceeding for a matter QCAT is empowered to deal with under this Act, QCAT is to be constituted by a judicial member who is a Supreme Cour
Appointments to Legal Aid Board Section 48 of the Legal Aid Queensland Act 1997 (the Act) establishes the Legal Aid Board (the Board). The functions of the Board, under the Act, are to responsibly manage Legal Aid Queensland (LAQ) and to ensure that LAQ achieves its objects under the Act. Under section 49 of the Act, the Board consists of five persons (including one as the Board Chairperson) appointed by the Governor in Council
Appointment of Queensland Training Ombudsman The Queensland Training Ombudsman (QTO) is a statutory position that reports directly to the Minister for Employment and Small Business and Minister for Training and Skills Development (the Minister). The QTO is established under section 112B(1) of the Further Education and Training Act 2014. The QTO provides a dedicated single point of contact to support consumers with advocacy, comprehensive adv
Appointment of Chief Executive Officer of Legal Aid Queensland Section 41 of the Legal Aid Queensland Act 1997 (the Act) establishes Legal Aid Queensland (LAQ). The main functions of LAQ, as provided for in the Act are to: ensure legal assistance is given to persons in the most effective, economic, commercial and efficient way; manage its resources so as to make legal assistance available at a reasonable cost to the community and on an equitable basis throug
Prevention of domestic, family and sexual violence and womens experience of the criminal justice system The Queensland Government is committed to leading an ongoing program of reform to end domestic, family and sexual violence (DFSV) and to improve the experience of women in the criminal justice system. While significant progress has already been made through the Government’s implementation of Not Now, Not Ever: Putting an End to Domestic and Family Violence in Queensland, there is more that the Go
Appointment Deputy Director of Public Prosecutions Section 4A of the Director of Public Prosecutions Act 1984 (the Act) establishes the Office of the Director of Public Prosecutions (ODPP). The main function of the ODPP is to represent the State in the prosecution of criminal matters in the Magistrates (limited), District, Supreme and Mental Health Courts, the Court of Appeal and the High Court of Australia. Section 17 of the Act provides that th
Appointments QCAT JPs Section 161 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) establishes Queensland Civil and Administrative Tribunal (QCAT) as an independent tribunal. The QCAT Act provides for the appointment of QCAT Justices of the Peace (JPs) to hear minor civil disputes with a value of $5,000 or less and non-urgent residential tenancy matters in QCAT. Cabinet endorsed the 22 nominees b
Third Annual Report - Royal Commission into Institutional Responses to Child Sexual Abuse The Queensland Government is committed to continuing to implement the significant reform agenda proposed by the Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission). This includes better prevention and responses to child sexual abuse and improved support and access to justice for those with lived experience of institutional child sexual abuse. The Queensland Gover
COVID-19 Emergency Response Bill – Non-residential Tenancies & Small Business Commissioner The economic impacts of COVID-19 are continuing to evolve and it is likely that there will be long-term effects on the Queensland economy and for the business community. On 7 April 2020, the Prime Minister announced the National Cabinet agreement on the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles, to be legislated by the State-Territory Governments to aid commer
Defamation (Model Provisions) and Other Legislation Amendment Bill 2021 In November 2004, the former Standing Committee of Attorneys-General endorsed the model defamation provisions (MDPs) and thereafter each state and territory enacted legislation to implement them. In Queensland, the Defamation Act 2005 commenced on 1 January 2006. In June 2018, the former Council of Attorneys-General (Council) agreed to reconvene the Defamation Working Party (DWP), led by the New S
Inspector of Detention Services Bill 2021 Since 2016, a number of reviews into elements of Queensland’s criminal justice system have considered the existing layers of accountability over Queensland’s places of detention and recommended the establishment of an independent inspectorate to oversee adult prisons, youth detention centres and police watch-houses. These reviews include the Queensland Parole System Review, the Independent Review
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
Amendments to the COVID-19 Emergency Response Bill 2020 On 29 January 2020, the Minister for Health and Minister for Ambulance Services declared a public health emergency under section 319 of the Public Health Act 2005 (PH Act). As a first response, the Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020 (Public Health Emergency Act) was urgently passed by Parliament on 18 March 2020. As a second response on 22 April 2020,
Sexual Violence Prevention Action Plan 2021-2022 The Prevent. Support. Believe. Queensland’s Framework to address Sexual Violence - Action Plan 2021-2022 (the Action Plan) is the first action plan to be developed to support implementation of Prevent. Support Believe. Queensland’s Framework to address Sexual Violence (the Framework). Significant work to address sexual violence has been undertaken in recent years, including in the time since the
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
Response to Queensland Productivity Commission inquiry into imprisonment and recidivism In September 2018, the Queensland Government directed the Queensland Productivity Commission (QPC) to undertake an inquiry into imprisonment and recidivism. The QPC conducted extensive consultation, including over 150 meetings with over 600 stakeholders, public forums, and public hearings in a variety of locations around Queensland and released an Issues Paper and draft report. The QPC provided th
Government statement in response to the independent review of the Parole Board Queensland The Parole Board Queensland (PBQ) is established under section 216 of the Corrective Services Act 2006. PBQ is a vital part of the criminal justice system with the highest priority being the safety of the community. It is responsible for making independent, evidence-based parole decisions in accordance with statutory timeframes and with consideration of the human rights of prisoners and offenders.
Appointment of the President and two Deputy Presidents of Parole Board Queensland Parole Board Queensland (the Board) is established under Section 216 of the Corrective Services Act 2006 (the Act). The Board is a vital part of the criminal justice system with the highest priority being the safety of the community. It is responsible for making evidence-based decisions about a prisoner’s release into the community under supervision in order to release prisoners on parole in accor
Amendments to support video recorded evidence and testing and examination of human remains On 5 April 2019, Mr Terry Ryan, State Coroner, delivered his findings under the Coroners Act 2003 of the inquest into the disappearance and death of Daniel James Morcombe. Recommendation 2 of the findings provides that the Queensland Government amend the Criminal Code to ensure a time limit is imposed on the testing of human remains in circumstances where the prosecution and defence fail to reach
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
Appointment of a Deputy Director of Public Prosecutions Section 4A of the Director of Public Prosecutions Act 1984 (the Act) establishes the Office of the Director of Public Prosecutions (ODPP). The main function of the ODPP is to represent the State in the prosecution of criminal matters in the Magistrates (limited), District, Supreme and Mental Health Courts, the Court of Appeal and the High Court of Australia. Section 17 of the Act provides that th
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
First Report on implementation of Women’s Safety and Justice Reform Program 2022-23 The first Annual Report on implementation of the Women’s Safety and Justice Reform Program 2022 – 2032 (Annual Report) outlines progress to date on implementation of the Government response to the recommendations made by the Women’s Safety and Justice Taskforce in its Hear her Voice - Report One and Report Two. In the first year of reform, significant progress has been made for the 89 recommendat
Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 In response to the Queensland Government’s election commitment to legislate against coercive control, in March 2021 the independent Women’s Safety and Justice Taskforce (the Taskforce) was established to examine coercive control, the need for a specific offence of domestic violence and the experience of women across the criminal justice system. The Criminal Law (Coercive Control and Affirmative C
10.Appointment of Assisting Clinicians to the 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 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 may be a psy
Appointment of Assisting Clinicians 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 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 may be a psy
Response to interim report from COI into Forensic DNA Testing in Queensland On 6 June 2022, the Queensland Government announced an independent Commission of Inquiry into Forensic DNA testing in Queensland led by the former President of the Court of Appeal, retired judge Mr Walter Sofronoff KC. The Commission of Inquiry was established to ensure transparency, identify opportunities for improvement and ensure public confidence in the collection of DNA and the testing and an
Response to Womens Safety and Justice Taskforce Report Hear her voice - Report Two The Queensland Government is committed to addressing sexual violence and supporting an improved criminal justice system for women and girls as victims, accused persons and offenders. The Women’s Safety and Justice Taskforce’s report Hear Her Voice – Report Two – Women and girls’ experiences across the criminal justice system makes 188 recommendations for Government to improve women and girls’ expe
Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Bill 2022 In response to the Queensland Government’s commitment to legislate against coercive control, in March 2021 the independent Women’s Safety and Justice Taskforce (Taskforce) was established to examine coercive control, review the need for a specific offence of domestic violence and the experience of women across the criminal justice system. The Domestic and Family Violence Protection (Combating Coer
COI into Forensic DNA Testing in Queensland - Final Report and Initial Implementation On 6 June 2022, the Queensland Government announced the Commission of Inquiry into Forensic DNA Testing in Queensland (Commission of Inquiry). The Commission of Inquiry released its Final Report on 13 December 2022, which highlighted organisational and individual staff deficiencies and found that, in some cases, the methods, systems and processes used by the Queensland forensic DNA laboratory were
Response to Committee Report Inquiry into support provided to victims of crime On 19 May 2023, the Legal Affairs and Safety Committee (the Committee) tabled Report No. 48, 57th Parliament, Inquiry into support provided to victims of crime (Report) in the Legislative Assembly. Pursuant to the Parliament of Queensland Act 2001, a Government response to the report must be tabled in Parliament. The Report contains 18 recommendations, that relate to support and advocacy to assis
Justice and Other Legislation Amendment Bill 2023 The justice portfolio encompasses the administration of over 200 statutes which are periodically reviewed to identify amendments to ensure 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 Justice and Other Legislation Amendment Bil
Victims’ Commissioner and Sexual Violence Review Board Bill 2024 On 1 July 2022, the Women’s Safety and Justice Taskforce released its second report, Hear Her Voice – Report 2 – Women and girls’ experience in the criminal justice system (Taskforce Report Two), which included several recommendations including the establishment of a victims’ commissioner and sexual violence case review board in Queensland. On 21 November 2022, the Queensland Government response t