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This Week in Parliament: 19–21 May 2020

QLS Legal Policy
First reading
Published in
20 min readMay 26, 2020

Queensland Parliament sat from 19–21 May 2020. Key legislative updates include the passing of more emergency legislation via the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020.

Parliament also passed the Justice and Other Legislation Amendment Act 2020, and the Mineral and Energy Resources and Other Legislation Amendment Act 2020, which implements industrial manslaughter laws for the resources industry.

Read on for more details, including our analysis on some of the most recent regulations announced in response to COVID-19.

Acts Passed

Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020

The Justice and Other Legislation (COVID-19 Emergency Response) Amendment Bill 2020 was introduced on 19 May 2020 by the Honourable Steven Miles MP, Deputy Premier, Minister for Health and Minister for Ambulance Services.

The Bill was declared an urgent bill under the provisions of Standing Order 137, and was passed with amendment on 21 May 2020. The Act received assent on 25 May 2020.

After the Bill was introduced, QLS raised strong reservations with respect to the breadth of legislation that the Bill proposed to amend, noting the need for further consultation. QLS raised particular concerns in relation to the Disability Services Act 2006, the Forensic Disability Act 2011, and amendments relating to portable long service leave legislation. The QLS submission in relation to this legislation is available on our website.

  • Read the Act here
  • Read the Bill as introduced here
  • See the explanatory notes here

As outlined in the explanatory notes:

The Act is the third in a series of urgent legislation implemented in response to the COVID-19 pandemic, following on from the Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020, and the COVID-19 Emergency Response Act 2020.

The Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act introduced amendments to over 20 different Acts across the Queensland statute book.

Broadly, the proposed amendments in this Act address the following issues in response to the COVID-19 emergency:

  • clarifying the operation of the provisions for the modification of statutory time limits across the statute book relating to COVID-19, through amendments to the COVID-19 Emergency Response Act 2020;
  • providing particular measures to assist Queensland businesses and individuals suffering financial and operational stress caused by the public health emergency, through amendments to the Body Corporate and Community Management Act 1997, Building Units and Group Titles Act 1980, Gaming Machine Act 1991, Keno Act 1996, Lotteries Act 1997, Casino Control Act 1982, Environmental Protection Act 1994, Liquor Act 1992, and the Manufactured Homes (Residential Parks) Act 2003;
  • the safeguarding of the revenue streams for local governments and assisting in minimising the economic impacts of COVID-19 on the State (through amendments to the City of Brisbane Act 2020, Local Government Act 2009 and Disaster Management Act 2003);
  • allowing affected registered workers to apply for payment of all or part of their long service leave, through amendments to the Building and Construction Industry (Portable Long Service Leave) Act 1991 and Contract Cleaning Industry (Portable Long Service Leave) Act 2005;
  • assisting Queensland’s health and disability sectors to operate safely and effectively, through amendments to the Disability Services Act 2006, Forensic Disability Act 2011, Mental Health Act 2016, Private Health Facilities Act 1999, and Public Health Act 2005;
  • ensuring there is an ability for COVID-19 testing of persons suspected of committing particular offences, through amendments to the Police Powers and Responsibilities Act 2000;
  • assisting Queensland’s adult corrective services and youth detention sectors to operate safely and effectively, through amendments to the Corrective Services Act 2006 and Youth Justice Act 1992.

Amendments moved in relation to the Act

During consideration in detail, clause 10 of the Bill was omitted. That clause was seeking to empower the Chief Executive to order early release of a prisoner from a corrective services facility within 7 days immediately before the day on which the prisoner is due to be released on parole. That clause was set to expire December 31 2020.

The Act amends the following:

  • Body Corporate and Community Management Act 1997
  • Building and Construction Industry (Portable Long Service Leave) Act 1991
  • Building Units and Group Titles Act 1980
  • Casino Control Act 1982
  • City of Brisbane Act 2010
  • Contract Cleaning Industry (Portable Long Service Leave) Act 2005
  • Corrective Services Act 2006
  • COVID-19 Emergency Response Act 2020
  • Disability Services Act 2006
  • Disaster Management Act 2003
  • Environmental Protection Act 1994
  • Forensic Disability Act 2011
  • Gaming Machine Act 1991
  • Keno Act 1996
  • Liquor Act 1992
  • Local Government Act 2009
  • Lotteries Act 1997
  • Manufactured Homes (Residential Parks) Act 2003
  • Mental Health Act 2016
  • Police Powers and Responsibilities Act 2000
  • Private Health Facilities Act 1999
  • Public Health Act 2005
  • Youth Justice Act 1992

Justice and Other Legislation Amendment Act 2020

The Justice and Other Legislation Amendment Bill 2019 was introduced on 28 November 2019 by the Honourable Yvette D’Ath MP, Attorney-General and Minister for Justice. It passed with amendment on 20 May 2020, and received assent on 25 May 2020.

You can view the QLS submission to this Bill online. With the assistance of many QLS Legal Policy Committees, QLS raised comments on particular aspects of the Bill in relation to amendments made to the Anti-Discrimination Act 1991; Civil Proceedings Act 2011; Commercial Arbitration Act 2013; Criminal Code; Dangerous Prisoners (Sexual Offenders) Act 2003; District Court of Queensland act 1967; Drugs Misuse Act 1986; Land Court Act 2000; Magistrates Court Act 1921; Peace and Good Behaviour Act 1982; Property Law Act 1974; Queensland Civil and Administrative Tribunal Act 2009.

QLS also appeared at the public hearing before the Committee (transcript available here) where we outlined further concerns in relation to proposed section 100D of the Coroners Act 2003.

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

As outlined in the explanatory notes:

The principal purposes of the Act are to amend legislation within the justice portfolio to improve the efficiency and effectiveness of the courts and administrative agencies and clarify, strengthen and update that legislation.

The Bill provides for amendments to:

  • streamline processes in relation to:

— the granting of certificates under section 22(2)(c) of the Appeal Costs Fund Act 1973 where the presiding judge, magistrate or justice has died; has stopped being a judge, magistrate or justice; or it is not reasonably practicable for them to grant the certificate due to illness;

— the acceptance of certain out-of-time complaints under the Anti-Discrimination Act 1991;

— the appointment of mediators under the Retail Shop Leases Act 1994; and

— applications for, and the execution of, court appointed wills for people without testamentary capacity under the Succession Act 1981;

  • to extend the application of the Dangerous Prisoners (Sexual Offenders) Act 2003;
  • enhance the protections for vulnerable witnesses under the Evidence Act 1977;
  • streamline and simplify the operation of certain provisions in the Criminal Code and Penalties and Sentences Act 1992 to enhance the efficiency of criminal proceedings;
  • improve the administrative and operational efficiency of the coronial system including in response to the coronial findings following the inquest into the death of Bryan Hodgkinson to ensure that all inquests (including inquests that are part-heard or inquests to be re-opened) come within the ambit of the Coroners Act 2003 (Coroners Act) regardless of when the death, or disappearance or suspected death, occurred; and issues identified by the State Coroner and highlighted in the Queensland Auditor-General’s Delivering Coronial Services Report 6: 2018–19;
  • confirm the protections and immunities applicable to certain types of assessors;
  • clarify the effect of interest on monetary limits in the District Court, Magistrates Courts and the Queensland Civil and Administrative Tribunal (QCAT);
  • clarify, update and strengthen legislation for the regulation of the legal profession;
  • clarify the jurisdiction of the Magistrates Courts Act 1921 in relation to personal actions for the recovery of chattels;
  • support the efficient operation of the Ombudsman’s function with respect to human rights complaints by allowing delegation to an appropriately qualified officer;
  • ensure the intended operation of the restricted premises scheme under the Peace and Good Behaviour Act 1982 in response to a Magistrates Court interpretation of the definition of disorderly activity as not including unspecified criminal activity; and
  • other justice portfolio statutes to streamline administrative processes, clarify various provisions and make amendments of a technical or drafting nature.

Amendments made during consideration in detail:

As noted in the explanatory notes in relation to the Amendments to the Bill, the objectives of the amendments to the Bill moved during consideration in detail were to:

  • refine the amendments to the Coroners Act to ensure that they achieve their intended purpose, including to clarify that the types of preliminary examinations able to be performed are limited to those exhaustively listed in the Coroners Act; and to clarify that a coroner can reopen, under the current Coroners Act, all inquests into deaths heard or part-heard under the repealed Coroners Act 1958 (repealed Coroners Act), regardless of whether a fire was involved;
  • remove the amendment to section 552BB (Excluded offences) of the Criminal Code which expands summary disposition of indictable offences relating to property by increasing the definition of ‘prescribed value’ from $30,000 to $80,000;
  • make amendments to the Human Rights Act 2019 to allow for one Minister to prepare a human rights certificate for subordinate legislation that has more than one responsible Minister; and add a regulation-making power that facilitates an exemption for certain types of subordinate legislation from the requirement for a human rights certificate (where they do not directly or indirectly limit any human rights);
  • clarify the amendments to the Legal Profession Act 2007 to ensure that the Queensland Law Society’s (QLS) existing power to investigate the affairs of a law practice is not limited to the investigation of a trust account; and
  • refine the amendments to the Magistrates Courts Act 1921 to ensure the amendments as drafted achieve their intended purpose, being to clarify that the Magistrates Courts do have jurisdiction to order recovery of good and chattels.

The Act amends the following:

  • Acts Interpretation Act 1954
  • Anti-Discrimination Act 1991
  • Appeal Costs Fund Act 1973
  • Civil Proceedings Act 2011
  • Commercial Arbitration Act 2013
  • Coroners Act 2003
  • Corrective Services Act 2006
  • Crime and Corruption Act 2001
  • Criminal Code
  • Criminal Law (Rehabilitation of Offenders) Act 1986
  • Criminal Proceeds Confiscation Act 2002
  • Dangerous Prisoners (Sexual Offenders) Act 2003
  • District Court of Queensland Act 1967
  • Drugs Misuse Act 1986
  • Evidence Act 1977
  • Guardianship and Administration Act 2000
  • Introduction Agents Act 2001
  • Judges (Pensions and Long Leave) Act 1957
  • Land Court Act 2000
  • Legal Profession Act 2007
  • Legal Profession Regulation 2017
  • Magistrates Courts Act 1921
  • Mineral Resources Act 1989
  • Ombudsman Act 2001
  • Peace and Good Behaviour Act 1982
  • Penalties and Sentences Act 1992
  • Penalties and Sentences Regulation 2015
  • Personal Injuries Proceedings Act 2002
  • Personal Injuries Proceedings Regulation 2014
  • Property Law Act 1974
  • Property Law Regulation 2013
  • Queensland Civil and Administrative Tribunal Act 2009
  • Retail Shop Leases Act 1994
  • Second-hand Dealers and Pawnbrokers Act 2003
  • Succession Act 1981
  • Surrogacy Act 2010
  • Tourism Services Act 2003
  • And the legislation mentioned in schedule 1 of the Bill for particular purposes

Mineral and Energy Resources and Other Legislation Amendment Act 2020

The Mineral and Energy Resources and Other Legislation Amendment Bill 2020 was introduced on 4 February 2020 by the Honourable Dr Anthony Lynham MP, Minister for Natural Resources Mines and Energy. The Act was passed with amendment on 20 May 2020, and received assent on 25 May 2020.

You can view the QLS submission to the State Development, Natural Resources and Agricultural Industry Development Committee in full online.

QLS raised a number of concerns in relation to the industrial manslaughter offences, noting that offences addressing fatalities in the resources sector already exist in the Resources Safety Acts, and within the Criminal Code. QLS also raised concerns in relation to the Bill’s exclusion of the operation of section 23 of the Criminal Code; the definition of ‘employer’ under the Bill; and raised that the introduction of industrial manslaughter provisions may also have the unintended consequence of compromising individuals’ willingness to participate in safety investigations following fatal accidents. QLS also provided comments in relation to financial assurance and regulatory efficiency.

When the Bill was debated in Parliament, the Minister addressed some of the recommendations made by the parliamentary committee:

  • Standard of negligence that will apply for industrial manslaughter — the standard of proof is the criminal standard of beyond a reasonable doubt, not the civil standard.
  • Reverse onus of proof — the Minister stated that the prosecution will be required to prove each element of the offence beyond a reasonable doubt, including that the employer or senior officer’s negligent conduct caused the death of a worker.
  • An 18 month transition period for amendments relating to statutory office holders will be included.
  • The penalties for reprisal actions under the Coal Mining Safety and Health Act 1999 and the Mining and Quarrying Safety and Health Act 1999 will be aligned with those in the Work Health and Safety Act 2011. The penalty will increase from 40 penalty units to 1,000 penalty units.
  • Publishing of guidelines for change of control, assessment of applications for a resource authority, and relinquishment — the government accepted the recommendations that operational guidelines should be published and they will be prepared by DNRME.
  • The amendments to the water legislation will now commence on assent rather than by proclamation.

The QLS comments were referenced by members of Parliament throughout the debate, particularly in relation to the introduction of industrial manslaughter.

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

As outlined in the explanatory notes:

The principal policy objectives of the Act relate to three Queensland Government priorities:

  • Safety and health — to strengthen the safety culture in the resources sector through the introduction of industrial manslaughter offence provisions and requiring that persons appointed to critical safety statutory roles for coal mining operations must be an employee of the coal mine operator;
  • Financial assurance — to implement legislative changes that support mine rehabilitation and financial assurance reforms that mitigate the financial risk to the State and improve rehabilitation outcomes for Queensland; and
  • Regulatory efficiency — to improve the administration and effectiveness of the regulatory framework applying to resource projects. Streamlining, minor, and miscellaneous amendments to legislation within the Natural Resources, Mines and Energy portfolio are also included in the Bill. These amendments are designed to improve the operation of these Acts and Regulations.

As outlined in the explanatory notes to the amendments of the Bill:

The objectives of the amendments are to:

  • Implement the fourth, fifth and ninth recommendations of the State Development, Natural Resources and Agricultural Industry Development Committee report on the Bill (Committee Report number 46, 56th Parliament) (‘Committee Report’);
  • Correct a drafting error identified in the Resources Safety and Health Queensland Act 2020; and
  • Correct minor drafting errors in the Bill, including correcting the commencement date for certain water-related provisions.

The fourth recommendation of the Committee Report was to amend the bill to allow a transition period of eighteen months for the amendments relating to statutory office holders.

The fifth recommendation of the Committee Report was to amend section 275AA of the Coal Mining Safety and Health Act 1999 and section 254AA of the Mining and Quarrying Safety and Health Act 1999 to align the penalty for reprisal action with the reprisal provisions in the Work Health and Safety Act 2011.

The ninth recommendation of the Committee Report was to amend clause 212 of the Bill so that the proposed new section 99BU(6) will require that information about infrastructure charges forecast to be ‘collected’ be included in the distributor-retailer’s infrastructure charges register.

The Act amends the following:

  • Coal Mining Safety and Health Act 1999
  • Energy and Water Ombudsman Act 2006
  • Explosives Act 1999
  • Geothermal Energy Act 2010
  • Greenhouse Gas Storage Act 2009
  • Mineral and Energy Resources (Common Provisions) Act 2014
  • Mineral and Energy Resources (Common Provisions) Regulation 2016
  • Mineral and Energy Resources (Financial Provisioning) Act 2018
  • Mineral Resources Act 1989
  • Mineral Resources Regulation 2013
  • Mining and Quarrying Safety and Health Act 1999
  • National Energy Retail Law (Queensland) Act 2014
  • New South Wales-Queensland Border Rivers Act 1946
  • Petroleum Act 1923
  • Petroleum and Gas (Production and Safety) Act 2004
  • South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
  • Water Supply (Safety and Reliability) Act 2008
  • And the legislation mentioned in schedule 1 of the Act for particular purposes

Bills Introduced

Forest Wind Farm Development Bill 2020

The Forest Wind Farm Development Bill 2020 was introduced into the Legislative Assembly on 20 May 2020 by the Honourable Kate Jones MP, Minister for State Development, Tourism and Innovation.

The Bill has been referred to the State Development, Natural Resources and Agricultural Industry Development Committee, and subsequently transferred to the newly established State Development, Tourism, Innovation and Manufacturing Committee.

Submissions can be made to the Committee in relation to this Bill by 8 June 2020. Further information about the Bill and how to make a submission can be found on the Inquiry Homepage.

The Bill establishes a legislative framework for the Forest Wind project to coexist with a current plantation licence by exempting the project from certain provisions in the Forestry Act 1959 and the Land Act 1994, and by amending the Planning Act 2016 in certain respects.

  • Read the Bill in full here
  • See the explanatory notes here

As outlined on the Inquiry homepage:

The Bill proposes to provide tenure within the Toolara, Tuan and Neerdie State forests to enable a proposed major renewable energy project (the Forest Wind project) for Queensland to occur. Under the current legislative framework, the Forestry Act 1959 prohibits the development of inconsistent and incompatible uses, including the grant of tenure for projects of this kind.

The Forest Wind project proposes the establishment of a large-scale wind farm under the Investment Facilitation process for Exclusive Transactions — a process which offers a pathway for complex private sector commercial proposals to seek a mandate with government.

The Bill also amends the Planning Act 2016 to ensure the correct administration of the Springfield Structure Plan, including updating the dispute resolution procedures.

Criminal Code (Choking in Domestic Settings) and Another Act Amendment Bill 2020

The Criminal Code (Choking in Domestic Settings) and Another Act Amendment Bill 2020 was introduced into the Legislative Assembly on 20 May 2020 by Mrs Deborah Frecklington MP, Leader of the Opposition.

The Bill was referred to the Legal Affairs and Community Safety Committee. The Committee has not yet called for submissions.

The Bill seeks to amend the Criminal Code and the Penalties and Sentences Act 1992

  • Read the Bill in full here
  • See the explanatory notes here

As outlined in the explanatory notes, the Bill seeks to:

  • strengthen the offence of choking, suffocation or strangulation in a domestic setting (non-lethal strangulation offence) as provided for in section 315A of the Criminal Code;
  • define the words ‘choke’, ‘suffocate’ or ‘strangle’ which are not currently defined in section 315A of the Criminal Code;
  • double the maximum penalty of the non-lethal strangulation offence from 7 to 14 years imprisonment
  • insert the non-lethal strangulation offence in schedule 1 of the Penalties and Sentences Act 1992 in order to classify the offence as a serious violent offence, which will require the prisoner to serve 80% of their sentence of imprisonment. This will be mandatory for offenders sentenced to 10 years imprisonment or more and discretionary for sentences of 5 years or more but less than 10 years imprisonment.

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 updates below. For a full list of all published regulations, see the Queensland Legislation Website:

Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020

See the Regulations in full here and the Explanatory Notes here.

QLS has prepared FAQs in relation to this regulation, available to members here (see “Commercial and Residential Tenancies”).

As outlined in the Explanatory Notes, the COVID-19 public health emergency has had a significant impact on Queenslanders, including those in the residential tenancy and rooming accommodation sectors. Many tenants and rooming accommodation residents face major financial pressures, which may impact their ability to maintain rent payments and stay in their homes.

The policy objectives of this regulation are to:

  • ensure the stability of residential tenancies and rooming accommodation in Queensland during the COVID-19 pandemic
  • minimise the impact of obligations under the Residential Tenancies and Rooming Accommodation Act 2008 that may conflict with COVID-19 community health directives
  • improve transparency and certainty regarding how residential tenancies and rooming accommodation agreements end during the COVID-19 emergency period
  • improve protections for persons in residential tenancies or rooming accommodation who are escaping domestic and family violence during the COVID-19 emergency period.

Land (COVID-19 Emergency Response — Waiver and Deferral of Rents and Instalments) Regulation 2020

The Land (COVID-19 Emergency Response — Waiver and Deferral of Rents and Instalments) Regulation 2020 (COVID-19 Regulation) was published on 8 May 2020.

As outlined in the explanatory note to the Regulations, the objective of the COVID-19 Regulation is to implement the Queensland Government’s commitment to provide rent relief for businesses who rent premises from the State government to mitigate the financial impact arising from the COVID-19 pandemic.

Section 448(2)(h) of the Land Act 1994 provides for the Governor in Council to make a regulation for the payment and collection of rent and instalments under the Act. Schedule 1B provides for matters that may be included in a regulation made under section 448(2)(h), including for the Minister to apply an alternative way of calculating the rent payable for a category of authority so that a lower rental amount may be applied in prescribed circumstances.

The COVID-19 Regulation establishes a power and framework for the Minister to provide relief (either wholly or partially) from the necessity to pay rent under the Land Act and the Land Regulation 2009 (Land Regulation), in response to the socioeconomic impacts of the COVID-19 pandemic. On commencement of the COVID-19 Regulation, a 6-month waiver starting from 1 April 2020 (initial waiver) will apply to leases, licences and permits to occupy(tenures) in the following rental categories that meet certain criteria:

  • Category 11 (primary production)
  • Category 13 (business)
  • Category 14.2 (large sporting and recreation clubs (i.e. over 2000 members)
  • Category 15 (communication sites)
  • Category 16 (divestment).

Leases, licences and permits held by a federal, state or local government entity, a statutory authority or a government-owned corporation are not eligible for the initial waiver.

A threshold has been established to determine the amount of waiver the tenure is eligible for. The initial waiver is calculated as a proportion of the annual rent that would be payable during the waiver period.

The Minister may decide to issue additional waivers or to extend the application of a waiver for additional periods and to other tenures that are not eligible for the initial waiver. To exercise these powers the Minister

This Regulation is due to expire 30 June 2022

See the Regulations in full here.

Nature Conservation and Other Legislation (COVID-19: Fee Waiver) Amendment Regulation 2020

The Nature Conservation and Other Legislation (COVID-19: Fee Waiver) Amendment Regulation 2020 was published on 15 May 2020.

As outlined in the explanatory note to the Regulations, on 18 February 2020, the Queensland Government announced a business support package, following the impacts on Queensland businesses due to the outbreak of COVID-19. This package included a fee waiver for daily activity/passenger fees levied by the Department of Environment and Science on commercial tour operators using protected areas, recreation areas and State forests.

As these are regulatory fees, amendments to the Forestry Regulation 2015, the Nature Conservation (Administration) Regulation 2017, and the Recreation Areas Management Regulation 2017 are required to provide for the fee relief to be implemented.

The Nature Conservation and Other Legislation (COVID-19: Fee Waiver) Amendment Regulation 2020 (Amendment Regulation) provides a mechanism for the daily fees not to be charged during the period 1 February 2020 to 31 July 2020 which aligns with the initial duration of the Immediate Industry Recovery Package (COVID-19). Because implementation of the fee relief has already commenced, the Amendment Regulation applies retrospectively to ensure all operators are able to take advantage of the fee relief program during the period of concern.

The fee waiver applies to the daily activity fee, payable by the holder of a commercial activity permit, other than for filming or photography, which is applicable for the period 1 February 2020 to 31 July 2020. Provision has also been made for the Minister to fix, by Gazette Notice, a date beyond 31 July 2020 for the cessation of the fee waiver, if required

See the Regulations in full here.

Justice Legislation (COVID-19 Emergency Response — Documents and Oaths) Regulation 2020

The Justice Legislation (COVID-19 Emergency Response — Wills and Enduring Documents) Regulation 2020 was published on 15 May 2020. It provided modified arrangements in relation to the making, signing and witnessing of wills, enduring powers of attorney and advance health directives

Those regulations were later amended on 22 May 2020 by the Justice Legislation (COVID-19 Emergency Response — Wills and Enduring Documents) Amendment Regulation 2020, to include modified arrangements in relation to a range of other documents.

The newly amended regulations, now called the Justice Legislation (COVID-19 Emergency Response — Documents and Oaths) Regulation 2020 are now in force.

As outlined in the explanatory notes of the original Regulation and the amending Regulation:

The Regulation prescribes the modified arrangements in relation to:

  • Wills and enduring documents
  • Affidavits
  • Statutory Declarations
  • Oaths
  • Deeds
  • General Powers of Attorney
  • particular mortgages (lodged under the Electronic Conveyancing National Law)

The policy objectives of the Regulation is to prescribe modified requirements or arrangements, which will apply in addition to existing requirements, for the making, signing and witnessing of wills under the Succession Act 1981 and enduring documents under the Powers of Attorney Act 1998, in reliance on the COVID-19 Response Act 2020.

The Regulation also sets out a number of general requirements that must be met when using audio visual link for signing and witnessing documents. It sets out the requirements of a special witness to sign and keep a certificate that states particular matters including that the document was signed and witnessed in accordance with the Regulation.

These modified arrangements will mean that these documents can continue to be made even with social distancing requirements under the COVID-19 emergency.

The regulation is due to expire 31 December 2020.

Public Health (Further Extension of Declared Public Health Emergency — COVID-19) Regulation (№3) 2020

The Public Health (Further Extension of Declared Public Health Emergency — COVID-19) Regulation (№3) 2020 was published on 18 May 2020 under Sections 323 and 461 of the Public Health Act 2005.

As outlined in the explanatory note:

  • The title of the Regulation has been updated from previous extension regulations to refer to the official name ‘COVID-19’ and not ‘2019-nCoV’. The Regulation extends the period of the declared public health emergency to allow for emergency powers to be used to reduce the risk of COVID-19 spreading.
  • In accordance with section 323 of the Public Health Act 2005, the Regulation extends the declared public health emergency for a further period of 90 days. The effect of making the Regulation is that the declared public health emergency will be extended until midnight on 17 August 2020.
  • If the need arises, section 323(4) of the Public Health Act states that the Governor-in-Council may make another regulation to extend the declared public health emergency for a further period of not more than 90 days.

See the Regulations in full here.

Subordinate Legislation

Subordinate Queensland Legislation notified in 2020 is available online here.

Subordinate Legislation as made and notified on the Queensland Legislation website from 24 April 2020 to 17 May 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 currently scheduled to sit on the following dates for the remainder of 2020:

  • 16 to 18 June
  • 14 to 16 July
  • 11 to 13 August
  • 18 to 20 August
  • 8 to 10 September
  • 1 to 3 December
  • 8 to 10 December (tentative)
Legislation Update

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