Committee Details

Committee’s report

The committee tabled its Report No. 50, 57th Parliament - Justice and Other Legislation Amendment Bill 2023 on 28 July 2023. The Bill was passed with amendment on 13 September 2023.

About the Bill 

On 25 May 2023 the Hon Yvette D'Ath MP, Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence introduced the Justice and Other Legislation Amendment Bill 2023 into the Queensland Parliament.  The Bill was referred to the Legal Affairs and Safety Committee for detailed consideration.   

View: Explanatory speech
View: Bill
View: Explanatory Notes 
View: Statement of compatibility 

OBJECTIVES OF THE BILL

The purpose of the Bill is to clarify, strengthen, and update legislation concerning the administration of justice, including legislation relating to the operation of courts and tribunals, the regulation of the legal profession, the conduct of civil proceedings and electoral matters. The Bill also enables better recognition of the deaths of unborn children as a result of criminal conduct.

Specific amendments contained in the Bill aim to: 

• modernise the Appeal Costs Fund Act 1973 and improve its current fee and administrative arrangements;
• replace the Court Funds Act 1973 with a new, modernised court funds legislative framework under the Civil Proceedings Act 2011;
• clarify the operation of a provision of the Civil Proceedings Act with respect to payment of interest on a money order debt;
• recognise interstate cremation permits issued by coroners in other jurisdictions under the Cremations Act 2003;
• remove restrictions in the Criminal Law (Sexual Offences) Act 1978 which prohibit identification of an adult defendant charged with a prescribed sexual offence prior to finalisation of committal proceedings;
• clarify the scope of the offence of assisting in the performance of a termination of pregnancy under section 319A of the Criminal Code with respect to ‘supplying or procuring the supply of a termination drug’ to address concerns that the offence might apply more widely than originally intended and extend to a person providing financial support to a pregnant person to access a lawful termination;
• amend the District Court of Queensland Act 1967 and the Magistrates Courts Act 1921 to allow the courts to make preliminary disclosure orders;
• make improvements to the Electoral Act 1992 to enfranchise voters and optimise administrative efficiency ahead of the 2024 state general election;
• amend section 52 of the Human Rights Act 2019 to provide that, in a proceeding in the Land Court or Land Appeal Court, a party to the proceeding must give notice in the approved form to the Attorney-General and the Queensland Human Rights Commission in certain circumstances;
• amend the Justices of the Peace and Commissioners for Declarations Act 1991 to enhance appointment, disqualification and complaints processes and conduct standards for Justices of the Peace and Commissioners for Declarations;
• address issues that have arisen in the implementation of amendments made to the Oaths Act 1867 by the Justice and Other Legislation Amendment Act 2021;
• address the increasing risk to clients’ privacy and confidentiality arising from the prolonged retention of client documents by law practices, the Queensland Law Society and community legal centres, and the mounting substantial costs associated with securely storing large volumes of client files that are no longer of utility in the Legal Profession Act 2007;
• reduce the regulatory burden for law practices while promoting costs transparency for consumers of legal services through changes to cost disclosure obligations under the Legal Profession Act;
• streamline processes around the advertising and appointment of various positions within the Queensland Civil and Administrative Tribunal under the Queensland Civil and Administrative Tribunal Act 2009;
• streamline the notification requirement for admission guidelines issued under the Supreme Court of Queensland Act 1991; and
• remove public accountants from the scope of the Trust Accounts Act 1973.

Further information

Further information including written briefings, correspondence, response to submissions, transcripts and answers to questions taken on notice are available under the Related Publications tab.

PUBLIC PROCEEDINGS

The committee held a public briefing on the Bill by officers of the Department of Justice and Attorney-General on Thursday, 13 July 2023.  See timeline below for further information.

A public hearing was held in Brisbane on Monday, 10 July 2023.  See below for further information.

Timeline