This week in Parliament: 22–24 October 2019

A number of key legislative reforms were passed in Parliament last week, including:

• Civil Liability and Other Legislation Amendment Bill 2018
• Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2019
• Summary Offences and Other Legislation Amendment Bill 2019

Highlights are:

Civil Liability and Other Legislation Amendment Bill 2018 — Significant amendments were introduced to the Bill by the Government during consideration in detail. The Bill now:

• includes an expanded definition of “abuse” to include not only child sexual abuse but also serious child physical abuse and psychological abuse connected with child sexual abuse and serious child physical abuse. The expansion to include serious physical abuse and connected psychological abuse did not form part of the original 2018 Bill and was added during consideration in detail;
• retrospectively abolishes the limitation period for commencing a civil action for damages for personal injury relating to serious child physical abuse and psychological abuse connected with child sexual abuse and serious child physical abuse, noting that limitation periods have previously been abolished for child sexual abuse claims (amendments to section 11A of the Limitation of Actions Act 1974). This amendment was also added during consideration in detail;
• includes a prospective, reverse onus duty on institutions to take all reasonable steps to prevent child sexual abuse or serious physical abuse of children in the care of the institution;
• introduces a statutory framework to enable a claimant to access assets of an associated trust to respond to a damages claim;
• allows an unincorporated institution to nominate a proper defendant for a claim and to meet any liability incurred;
• provides statutory indemnities to the trustee of an associated trust of an institution for reasonable legal costs and for liability for breach of trust for taking actions in accordance with the Act;
• provides for an institution to give an apology to survivors of child abuse which cannot be construed or used as an admission of liability;
• amends section 64 of the Civil Proceedings Act 2011 to provide that the amount of damages awarded to a person under a legal incapacity may include an amount for management fees relating to the amount awarded to the person.

The amendments to the Civil Liability Act 2003 will commence on a day to be fixed by proclamation. The remaining provisions will commence on assent.

• Civil Liability and Other Legislation Amendment Bill 2018 — here
• Explanatory Notes — here
• Hansard — amendments made during consideration in detail — here

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2019 — we note the following amendments in particular to the Workers’ Compensation and Rehabilitation Act 2003 (WCRA):

The following amendments will commence on assent:

• to section 32 of the WCRA to remove the requirement that for a psychiatric or psychological disorder, employment is the major significant contributing factor to the injury, that is, that all injuries are to be assessed the same , if the injury to which the disorder relates was sustained after commencement (section 731).
• to section 39A (Meaning of terminal condition) so that a terminal condition is now defined as “a condition certified by a doctor as being a condition that is expected to terminate the worker’s life”, removing the requirement that the condition is expected to terminate the worker’s life within 2 years after diagnosis, if the latent onset injury was sustained by a worker on or after 31 January 2015 (section 732).
• amendments which provide that unpaid interns are workers for the purposes of the WCRA and entitled to access workers’ compensation benefits.
• the insertion of a new ch 5, part 14 to exempt expressions of regret and apologies provided by employer representatives following a workplace injury from being considered in any assessment of liability in a civil action brought under the WCRA (specifically a common law claim for damages under Chapter 5). This section applies if a person gives a notice of claim after the commencement and an expression of regret or apology was made in relation to the claim before the commencement (section 741).

Some parts of the Bill which are not listed above will commence on 1 July 2020, see section 2 of the Bill for details.

• Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2019 — here
• Explanatory Notes — here

Summary Offences and Other Legislation Amendment Bill 2019 — we note the following:

The legislation makes amendments to the following:

1. Police Powers and Responsibilities Act 2000
2. State Penalties Enforcement Regulation 2014
3. Summary Offences Act 2005.

• The amendments to the Police Powers and Responsibilities Act 2000 introduce preventative powers to intervene in the use or proposed use of dangerous attachment devices, as well as providing for two new offences relating to their use. Dangerous attachment devices are defined by the new section 14B.
• The Bill further amends the State Penalties Enforcement Regulation 2014 to allow for the issue of infringement notices with respect to each of the new offences.
• Summary Offences and Other Legislation Amendment Bill 2019 — here
• Explanatory Notes — here
• Hansard — amendments made during consideration in detail — here

The following bills were introduced into the Legislative Assembly and referred to committee on 23 October 2019:

Criminal Code and Other Legislation (Ministerial Accountability) Amendment Bill 2019

The bill was introduced by the Hon Deborah Frecklington, Leader of the Opposition and Shadow Minister for Trade and referred to the Economics and Governance Committee for consideration.

The bill amends the following:

• Criminal Code
• Parliament of Queensland Act 2001

The objectives of the bill, as outlined in the Explanatory Notes, are to:

• improve Ministerial accountability by strengthening the framework and obligations on Ministers to ensure disclosure of actual, potential and perceived conflicts of interests occur;
• provide for a means for which a failure to declare a conflict of interest can be considered corrupt conduct;
• align the obligations of elected officials in state government with the obligations of elected officials in local government arising out of Operation Belcarra.

The policy objectives will be achieved by:

• amending the Criminal Code to create a criminal offence (new Part 3, Chapter 13A) for occasions when a member of Cabinet is aware, or ought reasonably to be aware, the Minister has a declarable conflict of interest in a matter to be discussed at a meeting of Cabinet or a Cabinet committee but fails to declare the conflict;
• failing to make a declaration as outlined above could, in certain circumstances, be considered corrupt conduct, as defined in the Crime and Corruption Act 2001;
• The Bill further amends the Parliament of Queensland Act 2001 to create a criminal offence to apply to a member of Cabinet who fails to comply with the requirements of the statements of interests (new section 69B(2A)) by not informing the Clerk of Parliament of the particulars of an interest or the change to an interest within one month after the interest arises or the change happens.

Criminal Code and Other Legislation (Ministerial Accountability) Amendment Bill 2019 — here

Explanatory Notes — here

Natural Resources and Other Legislation (GDA2020) Amendment Bill 2019

The bill was introduced by the Hon Dr Anthony Lynham, Minister for Natural Resources, Mines and Energy and was referred to the State Development, Natural Resources and Agricultural Industry Development Committee for detailed consideration and report by 6 December 2019.

The bill amends the following:

• Cape York Peninsula Heritage Act 2007
• Geothermal Energy Act 2010
• Gold Coast Waterways Authority Act 2012
• Greenhouse Gas Storage Act 2009
• Land Act 1994
• Land Title Act 1994
• Minerals and Energy Resources (Common Provisions) Act 2014
• Mineral Resources Act 1989
• Petroleum Act 1923
• Petroleum and Gas (Production and Safety Act 2004
• South Bank Corporation Act 1989
• Survey and Mapping Infrastructure Regulation 2014
• Transport Infrastructure Act 1994

The policy objectives of the bill, as outlined in the Explanatory Notes, are to:

• Implement the new national standard of measurement of position, Geocentric Datum Australia 2020 (GDA2020), for the future collection and provision of location data.
• Clarify the historical datum for position, references or upgrade position references to GDA 2020 (where appropriate)
• Ensures that Queensland legislation is responsive to national measurement standards as they evolve or new ones are adopted.

Improve the effectiveness of certain land Act processes by:

• allowing the chief executive to be proactive in making an offer to renew a lease where the department has assessed that renewal is appropriate and consistent with the objectives of the Land Act 1994.
• amending the Land Act 1994 to enable a deed of grant of unallocated State land to be granted, without competition, to an entity that represents the people who would have otherwise held native title but for historical extinguishment of their native title.
• Removing the provision which requires that the Governor in Council make a model by-law by regulation and instead providing for the Minister to make a model by-law.
• Replacing the current head of power for conducting ballots with new provisions, which would provide the chief executive with the power and flexibility to adopt an appropriate, modern competitive process.

Enhancing and clarifying land titling processes by:

• Introducing the concept of a ‘building lease plan’ into both the Land Title Act 1994 (Land Title Act) and the Land Act 1994 (Land Act) to facilitate future changes to lease registration processes.
• Providing that certain documents relating to the issue of a deed of grant or lease to a trustee under the Land Act are consistent with the documents required when recording an interest in the name of trustee under the Land Title Act.
• Inserting new provisions into the Land Title Act and Land Act to clarify that certifications made under the participation rules determined under the Electronic Conveyancing National Law (Queensland) can be relied on for the purposes of registering electronic conveyancing documents.
• Removing an expired provision from the Land Act.
• Replacing headings for two Land Title Act provisions to remove duplication.
• Removing references to paper certificates of title, now redundant, in the South Bank Corporation Act.

Extend the boundary of the Cape York Peninsula region to include additional land parcels that are either properties added to the Daintree National Park or state land adjacent to the park.

Natural Resources and Other Legislation (GDA2020) Amendment Bill 2019 — here

Explanatory Notes — here