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This Week in Parliament: 16–18 June 2020

QLS Legal Policy
First reading
Published in
26 min readJun 23, 2020

Queensland Parliament sat from 16 to 18 June 2020. Key legislative updates included the passing of the Community Services Industry (Portable Long Service Leave) Act 2020, new laws which will regulate Queensland State elections, and amendments to the Youth Justice Act 1992 in relation to bail.

Bills Introduced

The following Bills were introduced into the Legislative Assembly:

  • Environmental Protection and Other Legislation Amendment Bill 2020
  • Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020

Environmental Protection and Other Legislation Amendment Bill 2020

The Environmental Protection and Other Legislation Amendment Bill 2020 was introduced by the Honourable Leeanne Enoch MP, Minister for Environment and the Great Barrier Reef, Minister for Science and Minister for the Arts, on 18 June 2020.

The Bill has been referred to the Natural Resources, Agricultural Industry Development and Environment Committee. Submissions on this Bill are due Monday 6 July 2020 at 10:00am. More information on the Committee Inquiry is available here.

The Bill seeks to amend the Environmental Protection Act 1994, Mineral and Energy Resources (Financial Provisioning) Act 2018, Environmental Protection Regulation 2019, Environmental Protection (Water and Wetland) Policy 2019, and the Water Act 2000.

As outlined in the explanatory notes and on the Committee Inquiry webpage:

The principal policy objectives of the Bill are to:

  • provide for the statutory appointment of a Rehabilitation Commissioner that will be appointed by the Governor in Council on the recommendation of the Minister; provide advice on what constitutes best practice management and rehabilitation to ensure progressive rehabilitation and closure plans (PRCPs) are world-class; provide advice on public interest evaluation processes; and facilitate better public reporting about rehabilitation in Queensland; and
  • clarify and enhance the residual risk framework to better manage risks on sites after an environmental authority for a resource activity has been surrendered. This will ensure that the State better understands the residual risks associated with resource sites at surrender so it receives adequate funds from resource companies to manage these risks and appropriately administers the funds received.

The Bill includes operational amendments to the Environmental Protection Act 1994 (EP Act). This includes amendments to:

  • enable a proposed PRCP to be submitted later in an environmental authority application process where an environmental impact statement (EIS) process is to be completed;
  • prevent an unincorporated body from applying for an environmental authority, or applying for registration as a suitable operator;
  • require an environmental authority holder to apply for amendments to both the environmental authority and PRCP schedule if an application for amendment of only one of these documents would result in an inconsistency between the documents;
  • align public notification requirements for environmental authority amendment applications relating to a new mining lease with the public notification requirements for new environmental authority applications relating to a mining lease;
  • introduce a ‘properly made application’ concept for environmental authority amendment applications to provide consistency with the framework for new environmental authority applications;
  • align application requirements for an environmental authority for cropping and horticulture activities with matters to be considered when making a decision to grant the environmental authority;
  • require relevant applications for de-amalgamation of an environmental authority to be accompanied by an application for a new decision on the estimated rehabilitation cost (ERC);
  • provide for a more administratively sound process for internal review applications;
  • clarify the intended operation of stay provisions in chapter 11;
  • correct drafting errors in the contaminated land provisions in chapter 7; and
  • remove provisions no longer required due to changes to the Land Court Act 2000.

The Bill will also rectify a drafting error in the Water Act 2000.

For more information:

  • Read the Bill in full here.

Disability Services and Other Legislation Amendment Bill 2020

The Disability Services and Other Legislation Amendment Bill 2020 was introduced by Mr Barry O’Rourke MP, Member for Rockhampton on 18 June 2020.

The Bill has been referred to the Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee. Submissions on this Bill are due Monday 6 July 2020. More information on the Committee Inquiry is available here.

The Bill seeks to amend the Disability Services Act 2006, Evidence Act 1977, the Police Powers and Responsibilities Act 2000, Working with Children (Risk Management and Screening) Act 2000, Guardianship and Administration Act 2000

As outlined in the explanatory notes the objectives of the Bill are to:

  • support nationally consistent worker screening for the National Disability Insurance Scheme (NDIS) and the Intergovernmental Agreement on Nationally Consistent Worker Screening for the NDIS (the IGA);
  • enable Queensland to operate a state disability worker screening system for certain disability services that it continues to fund, or deliver, outside of the jurisdiction of the NDIS Quality and Safeguards Commission (NDIS Commission);
  • streamline and strengthen the legislative framework for disability worker screening in Queensland; and
  • ensure the blue card system operates effectively and efficiently alongside the disability worker screening system and the strongest possible safeguards are maintained in relation to persons working with children with disability.

For more information:

  • Read the Bill in full here.

Legislation passed this Parliament sitting

The following legislation was passed by the Legislative Assembly:

  • Associations Incorporation and Other Legislation Amendment Act 2020;
  • Community Services Industry (Portable Long Service Leave) Act 2020;
  • Co-operatives National Law Act 2020; and the
  • Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019

Associations Incorporation and Other Legislation Amendment Act 2020

The Associations Incorporation and Other Legislation Amendment Bill 2019 was introduced on 26 November 2019 by the Honourable Yvette D’Ath MP, Attorney General and Minister for Justice. It was passed without amendment on 16 June 2020 and received assent on 22 June 2020. The Act is available in full here.

The Act amends the Associations Incorporation Act 1981, the Collections Act 1966, the Fair Trading Inspectors Act 2014, the State Penalties Enforcement Regulation 2014, Food Act 2018, Hospital Foundations Act 2018, Liquor Act 1992, and the Royal National Agricultural and Industrial Association of Queensland Act 1971.

During the consultation process when the bill was introduced, QLS made a submission (available online) to the Education, Employment and Small Business Committee and also appeared at the Committee’s public hearing on the Act. Of note, QLS raised concerns on some of the more onerous regulatory features of the Act and called for further review of the Collections Act 1966 and the regulatory policies relating to fundraising generally. QLS advocated in particular for more consultation in relation to the significant changes implemented by the Act.

As outlined in the explanatory notes, the policy objectives of the Act are to:

  • clarify the operation of the Associations Incorporation Act 1981 (Associations Incorporation Act);
  • improve the internal governance of incorporated associations;
  • reduce regulatory burdens for incorporated associations and charitable entities; and
  • streamline, enhance or otherwise improve government processes.

The Act implements a vast number of changes including:

  • The insertion of an objects clause in the Associations Incorporation Act.
  • a mechanism to expressly allow incorporated associations to amend their rules in a way that replaces the association’s current rules with the model rules currently in force.
  • imposing obligations on officers of incorporated associations to exercise their powers and discharge their duties with care and diligence, in good faith in the best interests of the association, and for a proper purpose.
  • imposing obligations on officers of incorporated associations to not improperly use their position to gain, directly or indirectly, a pecuniary benefit or material advantage for themselves or another person.
  • imposing obligations on officers of incorporated associations to not improperly use information obtained from their position to gain, directly or indirectly, a pecuniary benefit or material advantage for themselves or another person.
  • imposing obligations on members of a management committee of an incorporated association to disclose material personal interests; disclose remuneration or benefits paid/given to management committee members and senior staff members, and their relatives; and to prevent insolvent trading of the association.
  • introducing a requirement for the rules of an association to provide a grievance procedure and require parties to a dispute to attempt to resolve the matter internally before seeking adjudication through the court system.
  • amending the financial reporting requirement provisions under both the Associations Incorporation Act and the Collections Act to allow for ACNC-registered entities to be exempt from the State-based reporting requirements.
  • providing the chief executive with the power to direct an incorporated association or an entity with the ability to fundraise under the Collections Act to lodge financial information and documents and to cause the financial information to be audited, verified or examined by appropriately qualified persons as defined in the relevant provision.
  • introducing amendments to assist in facilitating an information-sharing arrangement between the chief executive and the ACNC, which will ensure the chief executive retains access to financial information in respect of the entities that are proposed to be exempt from Queensland Government reporting requirements.
  • introducing amendments to the Associations Incorporation Act to enable an association to write to the chief executive to seek a declaration that the association is a small or medium association for the financial year and may report in that manner.
  • providing a mechanism whereby an association or an administrator of an association may apply to the chief executive to cancel the incorporation of the association instead of requiring the association to undergo a formal winding up process.
  • giving effect to a number of minor amendments to streamline internal processes including removing the requirement for an incorporated association to use a common seal and providing that an association may conduct general meetings using communications technology without the use of such technology to be addressed in the association’s rules.
  • applying Part 5.3A of the Corporations Act 2001 (Cth) to provide incorporated associations with a formalised process to appoint a voluntary administrator.
  • introducing amendments to clarify and simplify the vesting powers under both the Associations Incorporation Act and the Collections Act, transferring the power to vest surplus property from the Governor in Council to the chief executive.
  • amending the Associations Incorporation Act to fix an inconsistency between how surplus property is vested in circumstances where the association is wound up by the Supreme Court and where the association has its incorporation cancelled by the chief executive so that both are achieved by gazette notice rather than by regulation.
  • amending the Collections Act similarly to provide that when the chief executive is satisfied under a range of circumstances that property obtained under the Act is unlikely to reach the intended beneficiary, the chief executive may vest that property in the public trustee by gazette notice.
  • replacing the application of Part 10 of the Financial Institutions Code 1992 to the Associations Incorporation Act with the Fair Trading Inspectors Act 2014 , however, for the purposes of the AIA, the Act removes an inspector’s power to stop or move vehicles, and the power to obtain criminal history reports. Additionally, entry and seizure powers will not apply to a residence.
  • providing the necessary amendments to transfer the power to appoint members of the Disaster Appeals Trust Fund Committee from the Governor in Council to the chief executive. It also provides that the chief executive (in addition to the public trustee) is an ex officio member of the committee, and that the chief executive is the chairperson of the committee.

Co-operatives National Law Act 2020

The Co-operatives National Law Bill 2019 was introduced on 4 February 2020 by the Honourable Yvette D’Ath MP, Attorney General and Minister for Justice. It was passed without amendment on 16 June 2020 and received assent on 22 June 2020. The Act is available in full here.

The Act amends the Associations Incorporation Act 1981; Corporations (Queensland) Act 1990; Duties Act 2001; Housing Act 2003, Public Service Act 2008, Water Act 2000. The Act also repeals the Cooperatives Act 1997.

As outlined in the explanatory notes:

The Act repeals the Queensland Cooperatives Act 1997, and in its place applies the Co-operatives National Law (CNL). The CNL is template legislation, contained in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW).

The main policy objectives of the Act are to modernise and improve the regulatory framework for the formation, registration and management of co-operatives in Queensland, principally through nationally-harmonised co-operatives legislation.

The CNL is the result of collaboration between the states and territories, originally under the auspices of the Ministerial Council on Consumer Affairs (now known as the Legislative and Governance Forum on Consumer Affairs or ‘CAF’). The agreed operation of the CNL scheme is outlined in the Australian Uniform Co-operative Laws Agreement (the Agreement).

Under the CNL, states and territories continue to be responsible for administering cooperatives laws in their respective jurisdictions (including, for example, by providing registration services). However, by administering the CNL or a corresponding law, the states and territories will apply a consistent legislative framework.

Replacing Queensland’s current Cooperatives Act 1997 with the CNL will mean that Queensland co-operatives benefit from a consistent system of law for co-operatives. Other key reforms of the CNL include:

  • updating of provisions to ensure consistency of laws across all jurisdictions;
  • automatic mutual recognition of co-operatives by other states and territories resulting in lower costs and paperwork for co-operatives trading interstate;
  • simplification of financial reporting and auditing requirements for small co-operatives;
  • updating of directors’ and officers’ duties to modern standards of corporate governance, integrated with co-operative principles;
  • new fundraising provisions for co-operative capital units; and
  • updating references to the Corporations Act 2001 (Cth)

The Act provides for specific jurisdictional arrangements to enable the operation of the CNL to apply in Queensland. For example, the Act makes provision for particular Queensland registry processes, and prescribes the Queensland court and tribunal with jurisdiction to determine specified matters arising under the CNL. The Act also makes minor, consequential amendments to a number of Queensland acts to reflect the CNL.

In terms of subordinate legislation, the Act contains provisions to apply the Co-operatives National Regulations (CNR) made under the CNL, as a law of Queensland. The CNR are template regulations that support the CNL by providing for a range of administrative matters that are common to each jurisdiction.

In addition, the Act contains a regulation-making power to allow local regulations to be made in Queensland. Local regulations will support the operation of the CNL, by making provision for matters that are specific to Queensland (including, for example, by prescribing fees for various registry services).

Community Services Industry (Portable Long Service Leave) Act 2020

The Community Services Industry (Portable Long Service Leave) Bill 2019 was introduced on 27 November 2019 by the Honourable Grace Grace MP, Minister for Education and Minister for Industrial Relations. It passed with amendment on 17 June 2020 and received assent on 22 June 2020. The Act is available in full here.

In addition to creating a portable long service leave scheme for the community services industry, the Act amends the Bail Act 1980, Building and Construction Industry (Portable Long Service Leave) Act 1991, Contract Cleaning Industry (Portable Long Service Leave) Act 2005, the COVID-19 Emergency Response Act 2020, Holidays Act 1983, the Industrial Relations Act 2016, Public Health Act 2005, Public Health Regulation 2018, Work Health and Safety Act 2011, and the Youth Justice Act 1992

As outlined in the explanatory notes:

The Portable Long Service Leave scheme for the community services industry will:

  • cover workers performing community services work, including contract workers, engaged by an employer that is established for, or with purposes including, providing community services. The description of community services is informed by the sector profile in the Deloitte report, Forecasting the future: Community Services in Queensland 2025 and in combination with the scope as set out in the Social, Community, Home Care and Disability Services Industry Award 2010;
  • also cover other workers engaged by an employer to support the provision of community services work;
  • apply to both for-profit and not-for-profit organisations in the community services industry;
  • provide workers with a PLSL entitlement after 7 years’ service with accrual at the rate of the existing statutory entitlement of 8.67 weeks after 10 years’ service so prescribed in the IR Act;
  • require an employer to pay a levy calculated on an employee’s ordinary wages and report on an employee’s service, quarterly; and
  • be administered by the existing PLSL Authority, QLeave, with oversight by a governing board consisting of a Chair; a Deputy Chair with financial/investment expertise; and an equal number of employer and employee representatives.

The amendment of the Industrial Relations Act (2016) (IR Act) will make clear that an employee whose employment is terminated through an illness-related incapacity will have an entitlement to pro rata long service leave in accordance with the IR Act.

During the Parliamentary Committee process:

QLS made a submission (available online) to the Education, Employment and Small Business Committee. QLS raised concerns in relation to the definition of ‘employer’ and ‘worker’; guidance on the calculation of payment of long service leave under the scheme; the availability of reviews and appeals; powers of authorised officers; and the limitation period on offences under the Act. Following further consultation on the Bill, QLS provided a further submission to the parliamentary committee (also available online).

Amendments to the Bill as introduced:

There were a number of amendments to the Bill as introduced, including amendments unrelated to the Portable Long Service Leave Scheme.

The COVID-19 Emergency Response Act 2020 was amended to:

  • Validate the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 and the Justice Legislation (COVID-19 Emergency Response — Wills and Enduring Documents) Amendment Regulation 2020, and clarify that any acts, matters and things done (including documents made) in reliance on the regulations, before the commencement of these amendments, are taken to have been lawfully done.

The Holidays Act 1983 was amended to:

  • To give effect to the Premier’s announcement of the People’s long weekend by declaring Friday, 14 August 2020 as a public holiday in the City of Brisbane and in those districts where the local government has requested that the day be observed in place of the district’s show day public holiday. In the absence of a specific request from a local government for a change to their 2020 show holiday, the existing show holiday will be maintained.
  • The Act also makes a minor consequential amendment to the IR Act to ensure the public holiday is recognised for industrial relations purposes. A show holiday is also recognised as a public holiday for industrial relations and for allowable retail trading hours purposes.

Amendments to the Industrial Relations Act 2016:

To give effect to the Premier’s announcement of a public service wage arrangements across Queensland’s public sector, including temporary changes to the processes for the certification of bargained agreements. The amendments to the IR Act will:

  • defer all headline wage increases scheduled to occur in the period from 1 July 2020 to 30 June 2021 (public service wage arrangements period) by one year for all General Government sector employees covered by State industrial relations jurisdiction certified agreements;
  • defer all subsequent headline wage increases following the public service wage arrangements period and provide a six-month catch-up payment;
  • for those agreements not having received an increase during 2019 due to bargains not being resolved in full through a replacement agreement, a 2.5% wages policy adjustment will be applied, backdated to the 2019 anniversary date of the agreement;
  • extend the nominal expiry date of a certified agreement where required; and
  • provide for a truncated agreement certification process to allow for the variation of an existing agreement or a new agreement to be certified in the QIRC, including the suspension of a requirement to ballot and for certification to proceed on the consent of the employer and the majority of unions party to the agreement.

The Public Health Act 2005 was amended to:

  • insert a head of power to allow a fee to be charged for quarantine;
  • allow all or part of the fee to be waived, to enable a hardship scheme to apply.

The Work Health and Safety Act 2011 was amended to:

  • To improve right of entry dispute resolution processes and outcomes by removing sections 141A and 142A; and
  • Increase penalty amounts under Part 7, Division 7 and Part 9, Division 6 to strengthen the deterrence of abusive and threatening behaviour towards WHSQ inspectors and WHS entry permit holders

Amendments to the Youth Justice Act 1992:

  • The Youth Justice Act was amended in relation to considerations which must be taken into account when granting bail under the Act. More information on the operation of these amendments is can be found on this factsheet available on the Queensland Department of Youth Justice website.

For further information:

  • Read the Bill as introduced in full here.
  • See the explanatory notes to the Bill as introduced here.
  • See the amendments to the Bill here.
  • See the explanatory notes to the amendments here.

Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019

The Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 was introduced on 28 November 2019 by the Honourable Yvette D’Ath MP, Attorney General and Minister for Justice and was passed with amendment on 18 June 2020. At the time of publication on 24 June 2020, this legislation had not yet received assent.

The Bill amends the City of Brisbane Act 2010, Electoral Act 1992, Electoral Regulation 2013, Integrity Act 2009, Local Government Act 2009, Local Government Electoral Act 2011, and the Parliament of Queensland Act 2001.

As outlined in the explanatory notes and Committee Inquiry webpage:

The Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 contained a number of proposed amendments relating to:

  • funding and expenditure for State elections (including increasing public funding to eligible parties and candidates, introducing caps on electoral expenditure and donations, and increasing policy development funding and allowing independent members to access policy development payments)
  • signage at State elections (setting limits on the number and size of signs permitted to be displayed by a candidate or registered endorsing party at pre-poll and polling locations, and creating offences for displaying unpermitted signs for purposes relating to an election within 100 metres of buildings or grounds in which polling booths are to be located)
  • dishonest conduct of Ministers (creating offences for Ministers who fail to disclose conflicts of interest or update their register of interests with dishonest intent to obtain a benefit for themselves or another person, or cause detriment for another, with penalties of up to 2 years imprisonment), and
  • dishonest conduct for councillors and other local government matters (including introducing new offences relating to a failure to comply with particular conflict of interest or register of interest requirements, changes to processes for dealing with conflicts of interest, and other administrative arrangements).

The length and complexity of the Bill, as introduced, and the amendments made, are considerable. For further information:

  • Read the Bill as introduced in full here.
  • See the explanatory notes to the Bill as introduced here.
  • See the amendments to the Bill here.
  • See the explanatory notes to the amendments here.

During the Parliamentary Committee process:

QLS made a submission to the Economics and Governance Committee (available here). QLS raised concerns in relation to:

  • the timing and timeframe for consultation;
  • the way in which the Act will apply to third parties, particularity charities and not-for-profits; and
  • the proposed offences for ministers and members of local governments.

QLS particularly emphasised, at the Bill was introduced ‘…the chilling effect that the new electoral expenditure framework for “third parties” will have on the participation of not for profit (NFP) and charity organisations in the debate and development of social policy, where that particular issue is connected with their purpose’.

QLS responded to a question on notice from the Committee (available here), giving further particulars about not-for-profits in Queensland and reiterated our submission that there is no need for strict liability offences to be introduced, as proposed by the Crime and Corruption Commission (CCC). QLS also made a further supplementary submission in relation to the CCC proposals for serious conduct offences (available here), outlining objections of the QLS to amending the proposed offence provisions to create strict lability offences. Ultimately the Bill was not amended to include a strict liability offence.

The Committee report recommended amendments to the Bill ‘…to address the concerns of small, not-for-profit third party organisations regarding the regulatory burden of the political donation and electoral expenditure cap schemes, such as by increasing the threshold for third party registration.’

Amendments were made during the Third Reading of this Bill. QLS will provide an update on these amendments in a further publication.

Subordinate legislation:

Recent Regulations made in response to COVID-19:

The COVID-19 Emergency Response Act 2020, passed on 22 April 2020 enabled the making of regulations under several broad heads of power. (Read more about this Act in our previous Parliamentary Update). Since then a number of regulations have been published in response to COVID-19 drawing upon those heads of power and other enabling legislative instruments. We have summarised some of the key recent updates below.

Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020

  • See the Regulations here
  • See the explanatory notes here
  • QLS has also recorded ‘COVID-19: Commercial leasing regulation explained’, available for download online (please note there is a cost associated with downloading this).

The purpose of the regulation is to mitigate the effect of COVID-19 and also specifically to give effect to the good faith leasing principles in the ’National Cabinet mandatory code of conduct — SME commercial leasing principles during COVID-19’ agreed to by the National Cabinet on 3 April 2020.

The regulation is intended to provide relief to parties to an “affected lease” by way of a number of measures, including a moratorium on evictions for non-payment of rent and access to a dispute resolution process specifically designed for small business tenancy disputes and affected lease disputes.

Of note:

  • The regulation confers dispute resolution responsibility on the new Small Business Commissioner, created under the Covid-19 Emergency Response Act 2020
  • The meaning of ‘affected lease’ has been specifically drafted to ensure that it extends to franchise situations and also to when the lessee under the lease may not be the employing entity [Section 5]
  • An affected lease essentially means a retail shop lease or a lease of premises which are to be wholly or predominantly used for carrying on a business
  • There are two other key requirements:

— The lessee must also be a small and medium enterprise entity under the Commonwealth Government’s “Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Rules 2020” AND

— The lessee (or an entity connected with or an affiliate of the lessee) must be eligible for the Commonwealth’s JobKeeper scheme.

  • The regulation specifically deals with non-profit entities, by clarifying that if a lessee carries on operations or activities on a non-profit basis, a reference in the regulation to carrying on a business includes a reference to the carrying on of the operations or activities by the lessee
  • The regulation prohibits lessors from taking prescribed action on certain grounds during the COVID 19 response period. This includes, for example, prohibiting the lessor from terminating the lease or evicting the lessee for a failure to pay rent.
  • The parties to an affected lease must cooperate and there is a process for negotiating rent payable and other conditions. There are processes dealing with deferred rent, including extending a lease to reflect a period of waiver or rent deferral.
  • The dispute resolution process has been designed specifically for small business lease disputes and affected leases.
  • Parties can still use alternative ways to resolve the dispute, but a party can choose to refer the dispute to the Small Business Commissioner.
  • The commissioner then arranges a mediation conference by nominating a mediator and giving written notice to each party to the dispute.
  • There is also a process for related disputes to be heard together at the mediation conference. The example provided is a dispute where a franchisee subleases premises and the franchisor is the lessee from the landlord.
  • Parties to a mediation must pay their own costs for the conference unless otherwise ordered by QCAT or a court. But the Small Business Commissioner must pay the mediator’s fees and costs.
  • If the parties to the dispute cannot reach a settlement agreement at a mediation, or a range of other circumstances apply, a party to the lease dispute can apply to QCAT for an order to resolve the dispute provided the dispute is within the jurisdiction of QCAT.
  • The regulation also includes a general exemption under a lease for the lessee complying with COVID-19 response measures, so that if, for example, a lessee is required to close their business under a public health direction, the closure is taken not to amount to a breach of the lease. Also, if a lessee under an affected lease is unable to operate a business at the premises for any part of the response period because of the COVID-19 emergency, the lessor may cease or reduce any services at the premises.

Health Legislation (COVID-19 Emergency Response) Regulation 2020

  • See the Regulations here
  • See the explanatory notes here

As outlined on page 4 of the explanatory notes:

The regulation facilitates effective administration and minimise potential adverse impacts of the COVID19 emergency for the food and pest control industries. The regulation relies on section 13 of the COVID-19 Emergency Response Act 2020 to make modifications to the Food Act 2006 and the Pest Management Act 2001.

Modifications to the Food Act 2006:

  • if a statutory instrument made under the COVID Act modifies the statutory time limits for deciding applications, ensure timeframes for requesting further information or documents are consistent with the modification;
  • extend the period within which a local government must decide an application for renewal, restoration or amendment of a licence before it is taken to be refused from 30 days to 90 days;
  • extend the period within which the chief executive must decide an application for amendment of conditions on an auditor approval from 30 days to 90 days;
  • extend the period within which an application for compensation must be decided before it is deemed refused from 28 days to 90 days; and
  • extend the period by which a QCAT information notice of the outcome of a review must be given to an applicant before the original decision is taken to be confirmed from 30 days to 90 days.

Modifications to the Pest Management Act 2001:

  • allow a pest management technician to make, and the chief executive to accept, an application for renewal of a pest management licence up to 30 days after the licence has expired where it is considered necessary to achieve the main purpose of the COVID Act. Consistent with section 8(4) of the COVID Act, this modification will apply retrospectively for any licence that expired on or after 19 March 2020; and
  • extend the period by which a QCAT information notice of the outcome of a review must be given to an applicant before the original decision is taken to be confirmed from 60 days to 90 days. The modifications of statutory time limits will only apply until 31 December 2020.

Disaster Management (Further Extension of Disaster Situation — COVID-19) Regulation (№4) 2020

  • See the Regulations here
  • See the explanatory notes here

As outlined in the explanatory notes:

Under the Disaster Management Act 2003 (the Act), the purpose of the Disaster Management (Further Extension of Disaster SituationCOVID-19) Regulation (№4) 2020 (the Regulation) is to further extend the period of the disaster situation declared for the whole of the State of Queensland on 22 March 2020 and extended by regulation on 2, 16, 30 April and 14 May 2020.

Under the Act, the Minister and the Premier may declare a disaster situation for the State, if satisfied a disaster is happening or likely to happen, for the purpose of preventing or minimising loss of human life or illness to humans. In response to the global pandemic, such a disaster situation was declared on 22 March 2020. The disaster situation was notified by Extraordinary Gazette.

Unless extended by Regulation pursuant to section 72, or declaration pursuant to section 72A, of the Act, for the COVID-19 emergency period, a disaster situation ends 90 days after the day it was declared. A further extension is required due to the longer term nature of COVID-19 and its potential impacts.

Extension of the period of the disaster situation is necessary to ensure powers are available to appropriately address risk to the health of the Queensland community.

The Regulation establishes a further 90-day extension period for the disaster situation related to the COVID-19 emergency.

Corrective Services (COVID-19 Emergency Response) Regulation 2020

  • See the Regulations here
  • See the explanatory notes here

The Corrective Services (COVID-19 Emergency Response) Regulation 2020 was made under the Corrective Services Act 2006; COVID-19 Emergency Response Act 2020; Dangerous Prisoners (Sexual Offenders) Act 2003; Penalties and Sentences Act 1992; and, State Penalties Enforcement Act 1999.

As outlined in the explanatory notes:

The Regulation provides a temporary response for the duration of the COVID-19 emergency as an extraordinary regulation.

  • The Regulation provides for an extension of the length of time a declaration of emergency can be made, under section 268 of the Corrective Services Act 2006, from three days to 90 days or until the Queensland Minister for Health and Minister for Ambulance Services declares and publishes the end of the COVID-19 emergency pursuant to sections 324 and 325 of the Public Health Act 2005.
  • The Regulation provides for amendments to the Parole Board Queensland (PBQ) meeting quorum requirements under section 234 of the Corrective Services Act 2006, addressing a restriction requiring the president or a deputy president to sit on the same board as a professional member when hearing prescribed matters. This ensures the PBQ can appropriately respond to the increase in parole applications.
  • The Regulation introduces additional entry procedures for corrective services facilities when a declaration of emergency under section 268 of the Corrective Services Act 2006t is in force. The Regulation responds to the risks and transmissibility of COVID-19 by providing that a person entering a corrective services facility may be required to be screened for COVID19, including by taking the person’s temperature. The provision also ensures the chief executive has the power to refuse entry where a person displays a high temperature (in excess of 38 degrees Celsius) or flu-like symptoms.
  • The Regulation also clarifies the ability for offenders subject to relevant orders and managed in the community to be supervised by Queensland Corrective Services (QCS) officers remotely, supporting social distancing requirements in response to COVID-19.
  • In line with the COVID-19 Response Act, the Regulation (an extraordinary regulation) may be inconsistent with the Corrective Services Act 2006 and have retrospective operation. It will provide the clear authority for QCS and the PBQ to lawfully maintain security and good order in corrective services facilities and to ensure the health and safety of officers, visitors, prisoners and offenders in the community for the duration of the COVID-19 emergency.

The Regulation will have effect retrospectively from the date of commencement of the COVID-19 Response Act (23 April 2020) and will expire on 31 December 2020.

Transport Legislation (COVID-19 Emergency Response) Regulation (№2) 2020

  • See the Regulations here
  • See the explanatory notes here

The Transport Legislation (COVID-19 Emergency Response) Regulation (№2) 2020 was made under the COVID-19 Emergency Response Act 2020, Rail Safety National Law (Queensland) Act 2017, Transport Infrastructure Act 1994, and the Transport Operations (Marine Safety) Act 1994

As outlined in the explanatory notes:

The Department of Transport and Main Roads (TMR) administers a broad range of transport services across road, rail and marine environments. With directions that the public undertake social distancing and restrict movement, many legislative requirements which would normally be able to be complied with are difficult or impossible to meet. For instance, an authority to hold an aquatic event that would attract spectators and require close quarters work by support staff would contravene the restrictions on public gatherings under the public health directions.

There are also significant economic impacts associated with COVID-19 affecting individuals and Queensland businesses. For instance, commercial operators and tenants within State managed boat harbours have reduced capacity to operate their businesses resulting in a significant downturn of revenue due to mandatory shut downs and social distancing requirements.

The policy objectives of the Transport Legislation (COVID-19 Emergency Response) Regulation (№2) 2020 (the Regulation) are to:

  • provide financial relief to commercial operators in State-managed boat harbours; and
  • provide a framework that will enable exemptions from, or otherwise modify the application of, requirements about certain marine authorities.

The Regulation will also extend the expiry of a transitional regulation that preserves certain Queensland-specific definitions under national rail safety legislation.

The Regulation will expire on 31 December 2020.

Subordinate Legislation notified on the Queensland Legislation website from 18 May 2020 to 23 June 2020 2020.

See the Queensland Legislation website for more detail on subordinate legislation notified in 2020

Queensland Government Gazette

The Queensland Government Gazettes for 2020 are available online here.

Parliamentary Sitting Dates

As indicated on the parliamentary website (linked here), the Queensland Parliament is scheduled to sit on the following dates for the remainder of 2020:

  • 14 to 16 July
  • 11 to 13 August
  • 8 to 10 September
  • 1 to 3 December
  • 8 to 10 December (tentative)
Legislation Update

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QLS Legal Policy
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