This week in Parliament: 17–18 March 2020

Queensland Parliament sat on 17 and 18 March 2020, amidst the historic unfolding of the COVID-19 pandemic.

Urgent legislation was passed in response to the COVID-19 pandemic, which included measures to strengthen the powers of the Chief Medical Health Officer and also of appointed Emergency Officers; amendments to the Planning Act; legislative changes to assist with the running of upcoming local elections; and an amendment to the Constitution of Queensland to allow meetings of Executive Council to be held via technology, such as tele-conferencing or video-conferencing. See below for more details.

Separately, legislation was also passed which establishes the Resources Safety and Health Queensland as an independent statutory body and legislation was introduced in relation to the introduction of a Digital Licence App and various traffic offences.

Parliament was also due to sit on 19 March 2020, but resolved to adjourn after the 18 March sitting day. Parliament is currently scheduled to sit again on 31 March 2020.

Bills passed this Parliament

The following legislation was introduced and passed by the Legislative Assembly on 18 March 2020

1. Public Health and Other Legislation Amendment Act 2020

In response to the unfolding COVID-19 pandemic, the Public Health and Other Legislation Amendment Bill 2020 was introduced by the Honourable Dr Steven Miles MP, Minister for Health and Minister for Ambulance Services on 18 March 2020.

The Bill was declared an urgent Bill under the provisions of Standing Order 137, and passed without amendment on the same day. The Act received assent on 19 March 2020.

The Act amends the:

• City of Brisbane Act 2010
• Constitution of Queensland 2001
• Economic Development Act 2012
• Electoral Act 1992
• Local Government Act 2009
• Local Government (Dissolution of Ipswich City Council) Act 2018
• Local Government Electoral Act 2011
• Local Government Regulation 2012
• Planning Act 2016
• Public Health Act 2005
• State Penalties and Enforcement Regulation 2014

As outlined in the explanatory notes:

The Bill amends various Acts to ensure there is clear legal authority to make the interventions necessary to mitigate the spread of COVID-19 in the community and to provide increased flexibility to manage disruptions caused by the disease and social distancing measures.

The explanatory notes to the Bill outline that the Bill:

Amends the Public Health Act to:

• strengthen powers of the chief health officer and emergency officers appointed under the Act for the COVID-19 emergency to implement social distancing measures, including regulating mass gatherings, isolating or quarantining people suspected or known to have been exposed to COVID-19 and protecting vulnerable populations such as the elderly. The majority of these new powers are contained in new part 7A, chapter 8 of the Public Health Act and are designed to apply to the circumstances of the COVID-19 emergency. The Bill provides for part 7A of chapter 8 to be repealed one year after commencement;
• provide that the compensation provisions that apply to declared public health emergencies do not apply to the COVID-19 emergency.

The Bill will also amend:

• the State Penalties Enforcement Regulation 2014 so that penalty infringement notices (PINs) can be issued for the offences of failing to comply with a direction made by the chief health officer or an emergency officer in relation to the COVID-19 emergency.
• the Planning Act 2016 and Economic Development Act 2012 to ensure important services may continue to be provided to the community;
• the City of Brisbane Act 2010, Local Government Act 2009, Local Government (Dissolution of Ipswich City Council) Act 2018, Local Government Electoral Act 2011 and Local Government Regulation 2012 to provide flexibility, if required, for the election date for the 2020 quadrennial local government election and statutory processes for the conduct of the election, to help minimise serious risks to the health and safety of persons caused by the COVID-19 pandemic. The changes to these Acts are temporary and will only apply to the 2020 quadrennial local government election in order to maximise public safety and minimise the public health risks associated with the COVID-19 pandemic;
• the Electoral Act 1992 to provide flexibility, if required, to facilitate the holding of State by-elections in a way that helps minimise serious risks to the health and safety of persons caused by the COVID-19 pandemic. Changes to the Electoral Act 1992 are temporary and will only apply in relation to by-elections held before the next general election;
• the Constitution of Queensland 2001 to allow meetings of Executive Council to be held via technology, such as teleconferencing or videoconferencing.

Read the Bill as introduced here.

Read the Act as passed in full here.

See the explanatory notes here.

The following Bill was passed by the Legislative Assembly on 17 March 2020

1. Resources Safety and Health Queensland Bill 2019

The Resources Safety and Health Queensland Bill 2019 was introduced on 4 September 2019 by the Honourable Dr Anthony Lynham MP, Minister for Natural Resources Mines and Energy and was passed with amendment on 17 March 2020. The Bill received assent on 19 March 2020.

The Bill amends the:

• Coal Mining Safety and Health Act 1999
• Explosives Act 1999
• Mining and Quarrying Safety and Health Act 1999
• Petroleum and Gas (Production and Safety) Act 2004
• Public Service Act 2008
• Statutory Bodies Financial Arrangements Regulation 2019
• Work Health and Safety Act 2011

As outlined in the explanatory notes and the inquiry homepage for the Bill:

The objective of the Bill was to establish a revised regulatory framework for resources safety and health in Queensland with the aim of engendering worker trust, ensuring independence and transparency, and enhancing independent oversight of the performance of the resources safety and health regulator.

The Bill proposed to establish an independent statutory body called Resources Safety and Health Queensland (RSHQ). The Bill also proposed to create an independent Commissioner for Resources Safety and Health with functions across all resources sectors and will replace the existing Commissioner for Mine Safety and Health position.

The Bill amends the Coal Mine Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999 to enhance the functions of the existing Coal Mining Safety and Health Advisory Committee and Mining Safety and Health Advisory Committee.

The Bill also proposed that the Work Health and Safety prosecutor be utilised to prosecute safety and health offences under the Coal Mining Safety and Health Act 1999, the Mining and Quarrying Safety and Health Act 1999, the Explosives Act 1999 and the Petroleum and Gas (Production and Safety) Act 2001. The Work Health and Safety prosecutor would have sole responsibility for prosecuting serious offences under these Acts, while other offences may be prosecuted by the Work Health and Safety prosecutor or the chief executive officer of RSHQ.

As outlined in the explanatory notes for amendments during consideration in detail:

The objectives of the amendments were to address matters raised by the State Development, Natural Resources and Environment Committee consideration of the Bill, and to address minor errors to ensure that the legislation delivers its overall intent. Specifically, the objective of the primary amendment was to ensure that the Chief Executive Officer (CEO) of Resources Safety and Health Queensland (RSHQ) is appropriately qualified to effectively discharge their functions.

The amendments established that to be appointed as the CEO of RSHQ, a person will be required to have a professional qualification relevant to the resources industry and professional experience in the resources sector.

In our submission to the Committee, QLS was broadly supportive of the Bill, but raised concerns regarding:

• CEO Obligations to disclose information to the WHS Prosecutor;
• Whether there should be a requirement for the WHS Prosecutor to consult with the Commissioner for Resources Safety and Health on the public interest in prosecuting (or not prosecuting) an individual matter, where there is currently no requirement for such consultation;
• The broad definition of a ‘serious offence’ in the Bill; and
• Individual rights to request prosecutions.

Read the Bill as introduced here.

Read the Act as passed in full here.

See the explanatory notes here.

See the explanatory notes for amendments during consideration in detail here.

Bills Introduced:

The following Bills were introduced into the Legislative Assembly on 17 March 2020

1. Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Bill 2020

The Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Bill 2020 was introduced by the Honourable Mr Mark Bailey MP, Minister for Transport and Main Roads.

The Bill has been referred to the Transport and Public Works Committee. The closing date for written submissions on the Bill to the Committee is 4:00pm Monday 20 April 2020.

The Bill seeks to amend the:

• Gaming Machine Act 1991
• Keno Act 1996
• Liquor Act 1992
• Photo Identification Card Act 2008
• Summary Offences Act 2005
• Tobacco and Other Smoking Products Act 1998
• Transport Infrastructure Act 1994
• Transport Legislation (Road Safety and Other Matters) Amendment Act 2019
• Transport Operations (Passenger Transport) Act 1994
• Transport Operations (Road Use Management) Act 1995
• Transport Planning and Coordination Act 1994
• Wine Industry Act 1994

As outlined in the explanatory notes:

The policy objectives of the Bill are to support the introduction and ongoing operation of a Digital Licence App, facilitate camera enforcement of seatbelt and mobile phone offences, and make minor and technical improvements to:

• clarify the operation of some drug and drink driving provisions;
• preserve certain existing secondary legal interests in the Department of Transport and Main Roads’ (TMR) land;
• allow access to land for environmental activities;
• clarify evidentiary provisions for Smart Ticketing;
• update evidentiary provisions because of the Road Vehicle Standards Act 2018 (Cwth) (RVS Act); and
• update legislative referencing and definitions.

Read the Bill in full here.

See the explanatory notes here.

2. Corrective Services and Other Legislation Amendment Bill 2020

The Corrective Services and Other Legislation Amendment Bill 2020 was introduced by the Honourable Mr Mark Ryan MP, Minister for Police and Minister for Corrective Services.

The Bill has been referred to the Legal Affairs and Community Safety Committee. The closing date for written submissions on the Bill to the Committee is midday Wednesday 22 April 2020.

The Bill seeks to amend the:

• Corrective Services Act 2006
• Criminal Code
• Criminal Law Amendment Act 1945
• Penalties and Sentences Act 1992
• Racing Integrity Act 2016
• Racing Integrity Regulation 2016
• Weapons Act 1990
• Weapons Categories Regulation 1997
• Weapons Regulation 2016

As outlined in the explanatory notes:

The policy objectives of the Bill are to respond to the immediate risks identified in the Crime and Corruption Commission’s Taskforce Flaxton: An examination of corruption risks and corruption in Queensland’s prisons, support the Government’s implementation of recommendations from the Queensland Parole System Review, and improve operational efficiencies for Queensland Corrective Services and the Parole Board Queensland.

The Bill creates a permanent firearms amnesty in support of a 2019 resolution of the Ministerial Council for Police and Emergency Management to establish a national permanent firearms amnesty. It also includes amendments that support the implementation of the Queensland Police Service policy on replica firearms, and makes a minor technical amendment to the Racing Integrity Act 2016 and the Racing Integrity Regulation 2016.

Some notable key amendments to the Corrective Services Act 2006 include:

Taskforce Flaxton

• Providing the chief executive with the authority to require a corrective services officer or corrective services recruit to submit to alcohol or drug testing.
• Providing the chief executive with the authority to require a staff member to submit to a search before they enter and at any time they are at a corrective services facility.
• Providing clear authority for QCS to destroy or dispose of forfeited things that are not considered inherently unsafe.
• Authorising the appointment, role and function of inspectors to investigate misconduct or corrupt conduct alleged against a staff member.
• Providing the chief executive with discretion to decide whether to refer a matter that could be dealt with either as an offence or as a breach of discipline to the Queensland Police Service Commissioner. Sexual offences and offences with a maximum penalty of 14 years or more must be referred to the Commissioner of police.

New Offences

• The Bill creates a new offence prohibiting a staff member from having an intimate relationship with a prisoner or offender.
• The Bill creates a new offence for offenders who remove or tamper with an electronic monitoring device, to deter this behaviour.
• The Bill creates a new offence prohibiting interference with a sample given by a corrective services officer or corrective services recruit.

Queensland Parole System Review

The Bill makes amendments to support implementation of recommendations of the QPSR and implements the Government’s response to recommendation 58, including:

• Allowing persons registered on the Victims Register to apply to the PBQ for an extension of time to provide a submission.
• Providing flexibility for prisoners who are parent or kin to have access to compassionate leave to establish and maintain relationships with children.
• Providing that a person on the Victims Register will be notified of a prisoner’s discharge or release as soon as practicable after QCS is made aware.
• Clarifying that prisoners convicted of a sexual offence, murder or serving a life sentence are ineligible for transfer from a secure facility to a low custody facility.

Safer community and correctional environments

The Bill also achieves the objective of improving efficiencies for QCS by:

• Allowing a prisoner on a maximum security order (MSO) to be accommodated in a location other than a maximum security unit, and clarifying that an MSO can be put on hold while a prisoner is not in QCS’s custody.
• Removing the requirement that a prisoner must possess a corrective services order when on parole, at a work camp, or on a leave of absence from a corrective services facility.
• Expanding early and late discharge provisions to also include prisoners being released from a corrective services facility on parole.
• Providing clarity on the authority of a corrective services officer to execute a warrant and arrest a prisoner unlawfully at large.
• Providing the express authority for the chief executive to approve or refuse deposits into a prisoner’s trust account.
• Repealing the requirement for doctors to be appointed for each corrective services facility under the CS Act and replacing references to medical services, as the 2008 change in administrative arrangements relating to offender health services made these provisions redundant.
• Expanding the definition of a law enforcement agency to enable criminal justice agencies to perform their function as established in law.
• Repealing outdated provisions that are no longer applicable or have been abolished, and amending administrative and technical inconsistencies.

Parole Board Queensland and ‘No Body, No Parole’ laws

• Providing that the PBQ must have regard to transcripts of a proceeding against a prisoner for the offence which are relevant to the prisoner’s cooperation in the location of victim’s remains under the ‘No Body, No Parole’ scheme.
• Clarifying that the PBQ is to sit with a quorum of five members when considering ‘No Body, No Parole’ matters and streamlining quorum requirements for matters that do not involve a prescribed prisoner’s parole application.
• Allowing the PBQ to determine when a reconsidered decision to suspend or cancel a parole order takes effect.
• Ensuring the PBQ is able to prioritise immediate suspension request considerations and decisions.
• Enabling the PBQ to also cancel a parole order following a request by QCS for an immediate suspension.
• Authorising the Governor in Council to appoint an acting prescribed boardmember for up to 12 months (increased from 3 months).
• Removing the requirement for an officer of the secretariat to be prescribed by regulation.

Read the Bill in full here.

See the explanatory notes here.

Subordinate legislation

Subordinate Queensland Legislation notified in 2020 is available online here.

Subordinate Legislation notified on the Queensland Legislation website from 28th February 2020 to 20th March 2020.

• SL No23 of 2020: Major Sports Facilities (Prescribed Events — North Queensland Stadium) Amendment Regulation 2020
• SL No24 of 2020: Building and Construction Industry (Portable Long Service Leave) (Levy Changes) Amendment Regulation 2020
• SL No25 of 2020: Proclamation №2 — Personalised Transport Ombudsman Act 2019 (commencing certain provisions)
• SL No26 of 2020: Transport Operations (Passenger Transport) (Ticketing) and Other Legislation Amendment Regulation 2020
• SL No27 of 2020: Coal Mining Safety and Health Amendment Regulation (№1) 2020
• SL No28 of 2020: Regional Planning Interests (North Queensland Strategic Environmental Area) Amendment Regulation 2020
• SL No29 of 2020: Rural and Regional Adjustment (Extension of Funding and New Scheme for 2019–2020 Extraordinary Bushfires Disaster) Amendment Regulation 2020
• SL No30 of 2020: Guardianship and Administration and Other Legislation Amendment (Postponement) Regulation 2020
• SL No31 of 2020: Land, Explosives and Other Legislation Amendment (Postponement) Regulation 2020
• SL No32 of 2020: Petroleum and Gas (Safety) Amendment Regulation (№1) 2020
• SL No33 of 2020: Water (SEQ Bulk Suppliers and Bulk Water Customers) Amendment Regulation 2020
• SL No34 of 2020: Nature Conservation (Protected Areas Management) (Great Sandy National Park) Amendment Regulation 2020
• SL No35 of 2020: Police Service Administration (Queensland Corrective Services) Amendment Regulation 2020
• SL No36 of 2020: Rural and Regional Adjustment (COVID–19 Jobs Support Loan Scheme) Amendment Regulation 2020
• SL No37 of 2020: Public Health (COVID-19) and Other Legislation Amendment Regulation 2020

Queensland Government Gazette

The Queensland Government Gazettes for 2020 are available online here.

Parliamentary Sitting Dates

Parliament was scheduled to sit on 19 March 2020. Parliament resolved to adjourn until 31 March 2020.

Parliament has also resolved to amend Sessional Orders, enabling the Speaker of the House, upon advice from the Government of the State, to set an alternative day or hour for the next sitting. That Sessional Order will expire on 17 September 2020.

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

• 31 March to 2 April
• 14 to 16 July
• 4 to 6 August
• 18 to 20 August
• 15 to 17 September
• 1 to 3 December
• 8 to 10 December (tentative)