Queensland Law Society

You’re invited to provide feedback – legal policy reform

Practitioners are invited to provide feedback as QLS policy committees prepare the following submissions.

Proposed repeal of subsection 51(3) of the Competition and Consumer Act 2010
The Treasury Laws Amendment (2018 Measures No.5) Bill 2018 (the Bill) passed the House of Representatives on 17 October 2018 and is currently sitting before the Senate.

The Bill intends to makes changes to intellectual property arrangements. Schedule 4 to the Bill repeals subsection 51(3) of the Competition and Consumer Act 2010, and has been included as a result of the Productivity Commission’s recommendation. A six-month transition period has been included. The Bill will commence on the day it receives Royal Assent, to allow individuals and businesses time to review existing arrangements and ensure they comply with competition law. Individuals and businesses whose arrangements do not comply can apply to the Australian Competition and Consumer Commission for authorisation of existing arrangements.

The QLS Legal Policy Team is seeking feedback on the proposals included in the Bill, and particularly the intended repeal of subsection 51(3).

Practitioners are invited to provide feedback before COB on 1 February 2019.

Inquiry into aged care, end-of-life and palliative care
On 14 November 2018, the Legislative Assembly referred an inquiry to the committee with the following terms of reference:

  • That the Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee inquire into aged care, end-of-life and palliative care and report to the Legislative Assembly on:
  • the delivery of aged care, end-of-life and palliative care in Queensland across the health and ageing service systems
  • the Queensland community and the relevant health practitioners’ views on the desirability of supporting voluntary assisted dying, including provisions for it being legislated in Queensland and any necessary safeguards to protect vulnerable persons.
  • That in undertaking the inquiry, the committee should consider:
  • in relation to aged care, the terms of reference and submissions made to the Australian Government’s Royal Commission into the Quality and Safety of Aged Care and, in recognising the commission will occur in parallel, how to proactively work with the commission to ensure an appropriate exchange of information to inform the conduct of the inquiry
  • outcomes of recent reviews and work including Queensland Health’s ‘Palliative Care Services Review’
  • the current legal framework, relevant reports and materials in other Australian states and territories and overseas jurisdictions, including the Victorian Government’s inquiry into end-of-life choices, the Voluntary Assisted Dying Act 2017 (Vic.), and implementation of the associated reforms.

Please provide your feedback to the Legal Policy Team.

QLRC – Civil surveillance and privacy review
The Queensland Law Reform Commission (QLRC) is conducting an inquiry into the adequacy of Queensland’s laws to protect the privacy of individuals. Its focus is on whether modernisation relating to civil surveillance and the protection of privacy in the context of current and emerging technologies is required. The QLRC has developed the inquiry’s terms of reference and a consultation paper which includes a series of questions to assist in the formation of a new legislative framework.

Please provide your feedback before COB on Friday 25 January 2019.