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Call for Submissions

Submissions have now closed and can be viewed under the submissions tab.

Committee Report

The Committee's report on the Bill was tabled on 15 May 2017.  A copy of the Report can be viewed here - Report No. 55, 55^th Parliament, Court and Civil Legislation Amendment Bill 2017.

The second reading debate on the Bill is available here (pages 1300-1314).

Inquiry Timeline

Submissions:          Closed

Public Hearing:       Held on Tuesday, 18 April 2017

Public Briefing:       Held on Tuesday, 18 April 2017

Public Briefing

The committee held a public briefing on the Bill on Tuesday, 18 April 2017.  The broadcast video of the public briefing is available here and runs until 53:50 minutes of the video.  A copy of the transcript can be viewed here.

Public Hearing

The committee held a public hearing on the Bill on Tuesday, 18 April 2017.  The broadcast video of the public hearing is available here and runs until 54:40 minutes to 2:30:00 of the video.  A copy of the transcript can be viewed here. 

Referral

On 23 March 2017 the Attorney-General and Minister for Justice and Minister for Training and Skills, the Hon Yvette D’Ath MP, introduced the Court and Civil Legislation Amendment Bill 2017.

In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee (the committee) for detailed consideration. The committee is required to report by Monday, 15 May 2017.

The Bill

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

The Bill provides for amendments to:

• Streamline various court and tribunal processes and clarify court powers and jurisdiction

• Increase the age limit for acting magistrates to 75 years

• Provide for enhanced equity and clarity as to the basis of payments from the Appeal Costs Fund (ACF)

• Make Queensland’s classification legislation consistent with national scheme legislation

• Modernise the eligibility requirements for the chief executive officer (CEO) of Legal Aid Queensland (LAQ)

• Strengthen the Ombudsman’s functions and powers in the interests of enhanced integrity and accountability and the protection of complainants and witnesses

• Facilitate the making of domestic violence notations on a person’s criminal history or a formal record of conviction

• Clarify the functions and powers of the Public Guardian in relation to a relevant child under the Child Protection Act 1999 (Child Protection Act)

• Clarify, update and strengthen legislation for the regulation of the legal profession

• Expand secrecy provisions and facilitate disclosure of personal information in certain cases

• Limit the effect of statutory instruments in relation to contracts or dealings concerning property

• Give permanent effect to a transitional regulation under the Retail Shop Leases Act 1994 (RSL Act) and correct an inadvertent omission from the Retail Shop Leases Amendment Act 2016 (RSLA Act)

• In place of various requirements for the publication of matters and notices in the Queensland Government Gazette (gazette), allow for online website notifications

• Clarify when the stepchild relationship ends (for family provision applications) and revoke certain dispositions in a will upon the end of a de facto relationship

• Remove the requirement that the delegation of the administration of a trust is to be made by power of attorney executed as a deed, and

• Remove redundant legislation and make minor and technical amendments of a correcting or clarifying nature.