This week in Parliament: 4–6 February 2020
The following Bills were introduced into the Legislative Assembly on 4 February 2020
1. Mineral and Energy Resources and Other Legislation Amendment Bill 2020
The Mineral and Energy Resources and Other Legislation Amendment Bill 2020 was introduced by the Honourable Dr Anthony Lynham MP, Minister for Natural Resources, Mines and Energy.
As outlined in the explanatory notes:
The objectives of the Bill are 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;
- 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;
- 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.
In order to achieve the objective, the Bill amends the following Acts:
- 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
- North Stradbroke Island Protection and Sustainability Act 2011
- Petroleum Act 1923
- Petroleum and Gas (Production and Safety) Act 2004
- Planning Regulation 2017
- South East Queensland Water (Distribution and Retail Restructuring) Act 2009
- Water Supply (Safety and Reliability) Act 2008
The Bill has been referred to the State Development, Natural Resources and Agricultural Industry Development Committee.
Read the Bill in full here.
See the explanatory notes here.
2. Public Health (Declared Public Health Emergencies) Amendment Bill 2020
The Public Health (Declared Public Health Emergencies) Amendment Bill 2020 was introduced by the Honourable Dr Steven Miles MP, Minister for Health and Minister for Ambulance Services.
As outlined in the explanatory notes:
The Bill amends the Public Health Act 2005 to allow a declared public health emergency to be extended by regulation for periods of up to 90 days. This will give emergency officers and the Queensland community greater certainty about the anticipated need for the declared public health emergency to continue. It will also allow the Queensland Government to communicate with certainty about emergency arrangements up to 90 days in advance.
In accordance with section 324 of the Public Health Act 2005, if the need for the declaration of the public health emergency is no longer required, the Minister will declare the end of the public health emergency and the emergency powers provided under chapter 8 will cease on the day the declaration ends.
The Bill also contains a sunset clause, which provides that amendments to the Public Health Act 2005 made by the Bill will expire after 1 year.
The Bill was passed on 6 February 2020 and received assent on 7 February 2020.
Read the Bill in full here.
Read the Act as passed here.
See the explanatory notes here.
3. Co-operatives National Law Bill 2020
The Co-operatives National Law Bill 2020 was introduced by the Honourable Yvette D’Ath MP, Attorney-General and Minister for Justice. The objective of the Bill, as referred to in the explanatory notes, is 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.
In order to achieve the objective, the Bill seeks to repeal the Queensland Cooperatives Act 1997, and in its place, apply the Co-operatives National Law (CNL) as a law of Queensland. The CNL is template legislation, contained in the appendix to the Co-operatives (Adoption of National Law) Act 2012 (NSW).
The explanatory notes indicate that:
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
- Referencing of the Corporations Act 2001 (Cth) has been updated.
The Bill provides for specific jurisdictional arrangements to enable the operation of the CNL in Queensland. For example, the Bill 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 Bill also makes minor, consequential amendments to a number of Queensland Acts to reflect the CNL.
In terms of subordinate legislation, the Bill 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 Bill 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).
The Bill has been referred to the Legal Affairs and Community Safety Committee.
Read the Bill in full here.
See the explanatory notes here.
The following Bill was introduced into the Legislative Assembly on 5 February 2020
1. Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020
The Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill of 2020 was introduced by the Honourable Michael de Brenni MP, Minister for Housing and Public Works, Minister for Digital Technology, and Minister for Sport.
As outlined in the explanatory notes:
The objectives of the Bill are to:
- Implement the recommendations of the Building Industry Fairness Reforms Implementation and Evaluation Panel
- Implement the recommendations of the Special Joint Taskforce that investigated subcontractor non-payment in the Queensland building industry
- Enhance Queensland’s security of payment legislation and further extend the protections for industry
- Improve the Queensland Building and Construction Commission’s ability to address fraudulent behaviour in the industry
- Strengthen Queensland’s building laws to enhance regulatory oversight capabilities, clarify licensing requirements, improve building safety and support industry professionals
- Implement reforms arising from the Queensland Building Plan to strengthen the certification and inspection process and improve professional standards and compliance in the certification sector
- Implement reforms arising from the Building Confidence Report such as enhancements to the regulation of architects and registered professional engineers
- Ensure the continuation of external review rights for decisions about transition plans for retirement village schemes.
In order to achieve those objectives, the Bill amends the:
- Architects Act 2002;
- Building Act 1975;
- Building Industry Fairness (Security of Payment) Act 2017;
- Fire and Emergency Services Act 1990;
- Planning Act 2016;
- Private Health Facilities Act 1999;
- Professional Engineers Act 2002;
- Public Health (Infection control for Personal Appearance Services) Act 2003;
- Queensland Building and Construction Commission Act 1991; and
- Retirement Villages Act 1999.
The Bill also repeals the Retirement Villages (Transitional) Regulation 2019.
The Bill was referred to the Transport and Public Works Committee.
Read the Bill in full here.
See the explanatory notes here.
Bills passed this Parliament
The following Bill was passed by the Legislative Assembly on 5 February 2020
1. Child Death Review Legislation Amendment Bill 2019
The Child Death Review Legislation Amendment Bill 2019 was introduced on 18 September 2019 by the Honourable Yvette D’Ath MP, Attorney-General and Minister for Justice.
As outlined in the explanatory notes:
The Bill establishes a new child death review model (new model) by:
- Expanding the requirement to conduct an internal systems review following the death or serious physical injury of a child known to Child Safety, to other relevant government agencies involved in providing services to that child (in addition to Child Safety and the litigation director); and
- Establishing a new, independent Child Death Review Board (the Board), located within the QFCC, responsible for carrying out systems reviews, following child deaths connected to the child protection system, to identify opportunities for continuous improvement in systems, legislation, policies and practices; and to identify preventative mechanisms to help protect children and prevent deaths that may be avoidable.
Given the broad purpose of the new model is about systems and practice improvements, and not about individual accountability or blame, the Bill makes it clear that the scope of reviews (for internal reviews and by the Board) must not include considering whether disciplinary action should be taken against an individual.
The new model has a continued focus on children known to Child Safety, given the heightened vulnerability of this cohort, but with a broader systems focus beyond the provision of child safety services. The new model complements, rather than duplicates, existing Queensland child death review processes.
The Bill amends the Child Protection Act 1999; Director of Child Protection Litigation Act 2016; and the Family and Child Commission Act 2014.
Read the Bill in full here.
See the explanatory notes here.
The following Bills were passed by the Legislative Assembly on 6 February 2020
1. Agriculture and Other Legislation Amendment Bill 2019
The Agriculture and Other Legislation Amendment Bill 2019 was introduced on 22 August 2019 by the Honourable Mark Furner MP, Minister for Agricultural Industry Development and Fisheries.
As outlined in the explanatory notes:
The Bill is an ‘omnibus’ Bill which addresses a number of impediments, identified over the past several years, to the efficient and effective regulation of agriculture; animal management and welfare; forestry; and fisheries.
For convenience, the Bill also addresses two unrelated matters — concerning the Racing Integrity Commission and threatened species classification.
The following are the most significant specific objectives for the miscellaneous amendments contained in the Bill:
- Addressing the risks posed by certain protest actions
- Timely amendment of biosecurity zones
- Animals in hot vehicles
- Empowering animal welfare inspectors to help abandoned animals
- Facilitating investigation of animal welfare offences
- Reuniting lost dogs with their owner
- Reports about exceeding a maximum residue limit
- Authorise the use of body-worn cameras by authorised officers and inspectors
- Expand access to farm business debt mediation
- More efficient procedures to remove wild stock and abandoned vehicles from State forest
- Classification of threatened species under the Nature Conservation Act 1992
- Clarify the responsibilities of the Queensland Racing Integrity Commission
- Amendments Concerning boards and committees
- Improve traceability of goats
The Bill was passed with amendment on 6 February 2020.
Read the Bill in full here.
See the explanatory notes here.
2. Public Health (Declared Public Health Emergencies) Amendment Bill 2020
As outlined above, the Public Health (Declared Public Health Emergencies) Amendment Bill 2020 was introduced into the Legislative Assembly on 4 February 2020, passed on 6 February 2020, and received assent on 7 February 2020.
The Bill was declared an urgent bill under the provisions of Standing Order 137, and passed without amendment.
Read the Bill in full here.
Read the Act as passed here.
See the explanatory notes here.
Subordinate legislation: Subordinate Legislation notified on the Queensland Legislation website from 6th December 2019 to 7th February 2020
See the Queensland Legislation website for more detail on subordinate legislation notified in 2019 and 2020
1. SL No243 of 2019: Planning (Spit Master Plan and Other Matters) Amendment Regulation 2019
2. SL No244 of 2019: Major Events (T20 World Cup) Regulation 2019
3. SL No245 of 2019: Transport Operations (Passenger Transport) Amendment Regulation (№2) 2019
4. SL No246 of 2019: Economic Development (Roma Street Cross River Rail PDA) Amendment Regulation 2019
5. SL No247 of 2019: Proclamation — Transport Legislation (Road Safety and Other Matters) Amendment Act 2019 (commencing certain provisions)
6. SL No248 of 2019: Transport Infrastructure and Other Legislation Amendment Regulation 2019
7. SL No249 of 2019: Land, Explosives and Other Legislation Amendment (Postponement) Regulation 2019
8. SL No250 of 2019: Coal Mining Safety and Health (Methane Monitoring and Ventilation Systems) Amendment Regulation 2019
9. SL No251 of 2019: Water Plan (Moreton) (Supply Scheme Arrangements) Amendment Plan 2019
10. SL No252 of 2019: Queensland Building and Construction Commission and Other Legislation Amendment Regulation 2019
11. SL No253 of 2019: Major Sports Facilities (North Queensland Stadium) Amendment Regulation 2019
12. SL No254 of 2019: Public Records (Category 2 Water Authorities) Amendment Regulation 2019
13. SL No255 of 2019: Retirement Villages (Closure, Transition and Redevelopment Plans and Other Matters) Amendment Regulation 2019
14. SL No256 of 2019: Retirement Villages (Transitional) Regulation 2019
15. SL No257 of 2019: Forestry and Other Legislation Amendment Regulation (№2) 2019
16. SL No258 of 2019: Nature Conservation (Protected Areas) (Bellthorpe) Amendment Regulation 2019
17. SL No259 of 2019: Local Government Legislation (Boundary Changes and Other Matters) Amendment Regulation 2019
18. SL No260 of 2019: Proclamation — Youth Justice and Other Legislation Amendment Act 2019 (commencing remaining provisions)
19. SL No261 of 2019: Youth Justice and Other Legislation Amendment Regulation 2019
20. SL No262 of 2019: Rural and Regional Adjustment (Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2019
21. SL No263 of 2019: Hospital and Health Boards (Changes to Prescribed Services) Amendment Regulation 2019
22. SL No264 of 2019: Water Plan (Cooper Creek) (Postponement of Expiry) Notice 2019
23. SL No265 of 2019: Nature Conservation (Macropod Harvest Period 2020) Notice 2019
24. SL No266 of 2019: Professional Standards (The CPA Australia Ltd Professional Standards (Accountants) Scheme) Notice 2019
25. SL No267 of 2019: Water Plan (Baffle Creek Basin) (Postponement of Expiry) Notice 2019
26. SL No268 of 2019: Legal Profession (Society Rules) Amendment Notice (№3) 2019
27. SL No269 of 2019: Supreme Court (Admission Guidelines) Amendment Notice 2019
28. SL No270 of 2019: Electrical Safety (Codes of Practice) Amendment Notice 2019
29. SL No1 of 2020: Public Health (Coronavirus (2019–nCoV)) Amendment Regulation 2020
30. SL No2 of 2020: Proclamation — Civil Liability and Other Legislation Amendment Act 2019 (commencing remaining provisions)
31. SL No3 of 2020: Proclamation №1 — Electoral and Other Legislation Amendment Act 2019 (commencing certain provisions)
32. SL No4 of 2020: Public Trustee (Interest Rate) Amendment Regulation 2020
33. SL No5 of 2020: Rural and Regional Adjustment (2019–2020 Extraordinary Bushfires Disaster Recovery Funding) Amendment Regulation 2020
34. SL No6 of 2020: Local Government (Change of Representation for Cloncurry Shire Council) Amendment Regulation 2020
35. SL No7 of 2020: Public Health (Extension of Declared Public Health Emergency — Coronavirus (2019-nCoV)) Regulation 2020
36. SL No8 of 2020: Public Health (Further Extension of Declared Public Health Emergency — Coronavirus (2019-nCoV)) Regulation 2020
37. SL No9 of 2020: Nature Conservation and Other Legislation (Koala Protection) Amendment Regulation 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 in 2020:
18 to 20 February
17 to 19 March
31 March to 2 April
14 to 16 July
4 to 5 August
18 to 20 August
15 to 17 September
1 to 3 December
8 to 10 December (tentative)
