Committee Details

COMMITTEE’S REPORT

The Finance and Administration Committee  tabled its Report No. 37, 54^th Parliament – Public Service and Other Legislation (Civil Liability) Amendment Bill 2013 on 3 February 2014. The Minister tabled the Government's response to this report on 12 February 2014. The Bill was passed by the Queensland Parliament on 12 February 2014.

ABOUT THE BILL

On 19 November 2013, the Premier, Hon Campbell Newman MP, introduced the Public Service and Other Legislation (Civil Liability) Amendment Bill 2013 to the Queensland Parliament. In accordance with Standing Order 131, the Bill was referred to the Finance and Administration Committee.

The objective of the Bill, as outlined in the explanatory notes, is to support State and Queensland Police Service employees to perform their roles, to make decisions independently, and to innovate and improve service delivery without the concern of being sued and the accompanying financial risk, by providing an enhanced protection from civil liability.

The Bill will achieve its objective of providing greater certainty for State employees by amending the Public Service Act 2008 by inserting new provisions providing:

1. protection from civil liability for State employees for engaging in, or as a result of engaging in, conduct in an official capacity
2. preservation of the rights of potential claimants by transferring civil liability of State employees to the State
3. for the State to have a right to recover financial contributions from State employees who have engaged in conduct other than in good faith, and with gross negligence.

The Bill will achieve its objective of providing certainty regarding liability for police officers and other members of the QPS by amending the Police Service Administration Act 1990:

1. by amending existing provisions to provide officers, recruits, staff members and volunteers with immunity from civil liability for engaging in, or as a result of engaging in, conduct in an official capacity
2. by preserving of the rights of potential claimants by transferring civil liability of QPS employees to the State
3. by amending the recovery provision such that the State may recover a contribution from an officer, recruit or staff member only where they have engaged in conduct other than in good faith, and with gross negligence.

PUBLIC BRIEFING AND PUBLIC HEARING

Public briefing – 2 December 2013 – Transcript
Public hearing – 28 January 2014 – Transcript      

SUBMISSIONS

The date for written submissions closed on 14 January 2014. Please view them under the “Submissions” tab above.