This week in Parliament: 13 to 15 November 2018
Bills introduced this Parliament
The following bills were introduced into the Legislative Assembly on 13 November 2018.
1. Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018
The bill was introduced by the Honourable Yvette D’Ath, Attorney-General and Minister for Justice. The policy objectives of the bill, as referred to in the explanatory notes, are to:
- give effect to the Government’s election commitment to amend the Working with Children (Risk Management Screening) Act 2000 and introduce automated blue card application processes to prevent people commencing paid work when a blue card application is pending; and
- implement recommendations from the Queensland Family and Child Commission reports Keeping Queensland’s children more than safe: Review of the blue card system and Recommendation 28 Supplementary Review: A report on information sharing to enhance the safety of children in regulated home-based services.
The ‘No Card, No Start’ provisions will prohibit any employer from employing a person in regulated employment unless:
- the person holds a working with children clearance; and
- the employer has notified the chief executive that the employer is proposing to employ that person.
The penalty for failure to do so will result in an offence of 100 penalty units.
The bill was referred to the Legal Affairs and Community Safety Committee for consultation.
- Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018 — here
- Explanatory notes — here
2. Justice Legislation (Links to Terrorist Activity) Amendment Bill 2018
The bill was introduced by the Honourable Yvette D’Ath, Attorney-General and Minister for Justice. The policy objective of the bill, as referred to in the explanatory notes, is to implement the Council of Australian Government’s commitment by removing the presumption of bail for those persons who have demonstrated support for, or have links to, terrorist activity.
The bill amends the Bail Act 1980, the Corrective Services Act 2006, the Penalties and Sentences Act 1992 and the Youth Justice Act 1992. Significantly, the Bill includes the reversal of the presumption of bail for youth offenders who have been previously convicted of a terrorism offence or who are, or have been, subject to a control order under the Commonwealth Criminal Code. The power to grant bail will be limited to a court and require an offender to satisfy the court that there are exceptional circumstances to justify granting bail.
The bill was referred to the Legal Affairs and Community Safety Committee for consultation.
- Justice Legislation (Links to Terrorist Activity) and Other Legislation Amendment Bill 2018 — here
- Explanatory notes — here
3. Health and Other Legislation Amendment Bill 2018
The bill was introduced by the Honourable Dr Steven Miles MP, Minister for Health and Minister for Ambulance Services. The policy objective of the bill is to:
- Repeal the Public Health (Medicinal Cannabis) Act 2016 and make consequential amendments to the Health Act 1937, to significantly streamline the regulatory framework for prescribing medicinal cannabis in Queensland;
- Amend the Public Health Act 2005 to establish the Notifiable Dust Lung Disease register and require prescribed medical practitioners to notify the chief executive of Queensland Health about cases of notifiable lunch disease;
- enable the chief executive to require a person responsible for causing a pollution event to publish a pollution notice to inform the public of potential risks to public health;
- enable the standard that a person must comply with when manufacturing, selling, supplying or using paint to be prescribed by regulation rather than in the Act;
- amend the Radiation Safety Act 1999 to provide that certain persons are deemed to have a use or transport licence;
- amend the Transplantation and Anatomy Act 1979 to clarify the provisions about research that involve removing tissue from adults and children;
- ensure pathology laboratories can access tissue-based products that are necessary for diagnostic and quality control purposes;
- remove the requirement that a post-mortem examination of a body conducted in a hospital only be held in the hospital mortuary;
- amend the Births, Deaths and Marriages Registration Act 2003, the Coroners Act 2003 and the Cremations Act 2003 to enable human body parts used at a school of anatomy for the study and practice of anatomy to be lawfully cremated without a corresponding death certificate or the approval of an independent doctor;
- amend the Retirement Villages Act 1999 to clarify a recent amendment in relation to timely payment of exit entitlements at retirement villages and make associated amendments to the Duties Act 2001.
The bill was referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee for consultation.
The following bills were introduced into the Legislative Assembly on 15 November 2018.
1. Civil Liability and Other Legislation Amendment Bill 2018
The bill was introduced by the Honourable Yvette D’Ath, Attorney-General and Minister for Justice. The main objective of the bill is to amend the Civil Liability Act 2003 in response to recommendations 91–94 of the Redress and Civil Litigation Report. The bill includes amendments to:
- introduce a reverse onus (applied prospectively) under which an institution must prove it took reasonable steps to prevent the sexual abuse of a child in its care by an associated person with the institution to avoid legal liability for the abuse; and
- establish a statutory framework for the nomination of a proper defendant by an unincorporated institution to meet any liability incurred by the institution.
The bill also includes an amendment with the policy objective of ensuring that a person under a legal incapacity may recover the cost of trustee management fees in the award of damages for wrongful death of a member of a person’s family.
The bill was referred to the Legal Affairs and Community Safety Committee for consultation.
2. Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018
The bill was introduced by the Honourable Yvette D’Ath, Attorney-General and Minister for Justice. As referred to in the explanatory notes, the objectives of the bill are to:
- amend the Queensland Civil and Administrative Tribunal Act 2009 to implement conclusions from the Report on the Review of the Queensland Civil and Administrative Tribunal Act 2009 aimed at improving the operational efficiency of the Queensland Civil and Administrative Tribunal (QCAT) to better achieve the objects of the QCAT Act; and
- amend the QCAT Act, Fair Trading Act 1989 and the Motor Dealers and Chattel Auctioneers Act 2014 to implement the Government’s commitment to improve the fairness and provide greater rights for Queenslanders buying a vehicle and address recommendation 7 of the Report Lemon Laws — An inquiry into consumer protections and remedies for buyers of new motor vehicles, prepared by the Legal Affairs and Community Safety Committee.
The bill was referred to the Legal Affairs and Community Safety Committee for consultation.
- Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018 — here
- Explanatory notes — here
Bills passed this Parliament
The following bills were passed by the Legislative Assembly on 14 November 2018
1. Mineral and Energy Resources (Financial Provisioning) Bill 2018
The Mineral and Energy Resources (Financial Provisioning) Bill 2018 was introduced into the Legislative Assembly on 15 February 2018 by the Honourable Jackie Trad MP, Deputy Premier, Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships. The policy objectives of the bill, as referred to in the explanatory notes are to:
- manage the financial risk to the State if mineral and energy resource tenure holders do not comply with their environmental management and rehabilitation obligations;
- ensure land disturbed by mining activities is rehabilitated to a safe and stable landform that does not cause environmental harm, and can sustain an approved post-mining land use.
The bill was passed with amendment.
- Mineral and Energy Resources (Financial Provisioning) Bill 2018 — here
- QLS Submission on the Bill — here
Subordinate Legislation notified on the Queensland Legislation website between 2 and 16 November 2018
- SL №173 of 2018: Charitable and Non-Profit Gaming (Designated Day) Amendment Regulation 2018
- SL №174 of 2018: Health Legislation (Scope of Practice) Amendment Regulation 2018
- SL №175 of 2018: Proclamation — Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 (commencing remaining provisions)
- SL №176 of 2018: Proclamation — Building Industry Fairness (Security of Payment) Act 2017
- SL №177 of 2018: Building Industry Fairness (Security of Payment) and Other Legislation Regulation 2018
- SL №178 of 2018: Building Industry Fairness (Security of Payment) (Postponement) Regulation 2018
- SL №179 of 2018: Fisheries (Vessel Tracking) Amendment Regulation 2018
- SL №180 of 2018: Professional Standards (The Institute of Public Accountants Professional Standards Scheme) Notice 2018
- SL №181 of 2018: Professional Standards (The Law Society of New South Wales Professional Standards Scheme) Notice 2018
- SL №182 of 2018: Planning Amendment Regulation (№1) 2018
- SL №183 of 2018: State Development and Public Works Organisation (State Development Areas) (Cairns South) Amendment Regulation 2018
- SL №184 of 2018: Storage Liens Regulation 2018
- SL №185 of 2018: Fair Trading (Fuel Price Reporting) Regulation 2018
- SL №186 of 2018: Proclamation — Termination of Pregnancy Act 2018 (commencing remaining provisions)
- SL №187 of 2018: Health and Other Legislation (Nursing and Midwifery) Amendment Regulation 2018
- SL №188 of 2018: Proclamation — Vegetation Management and Other Legislation Amendment Act 2018 (commencing remaining provisions)
- SL №189 of 2018: Rural and Regional Adjustment (Bus Driver Safety Scheme) Amendment Regulation 2018
- SL №190 of 2018: Trans-Tasman Mutual Recognition (Queensland) (ACT Container Deposit Scheme) Notice 2018
- SL №191 of 2018: Mutual Recognition (Queensland) (ACT Container Deposit Scheme) Amendment Regulation 2018
Queensland Government Gazette
The Queensland Government Gazette №61 of 2018 is available online here.
Parliamentary Sitting Dates
As indicated on the parliamentary website, the Queensland Parliament is scheduled sit on the following dates in 2019:
- 12 to 14 February
- 26 to 28 February
- 26 to 28 March
- 2 to 4 April
- 30 April to 2 May
- 14 to 16 May
- 20 to 22 August
- 3 to 5 September
- 17 to 19 September
- 15 to 17 October
- 22 to 24 October
- 26 to 28 November
