Feedback on the Law Council of Australia's agribusiness industry consultation and the Personal Property Securities Act 2009 (Cth).
Correspondence to Department of Justice and Attorney-General, Queensland regarding concerns about confusion that appears to exist on the Office of Fair Trading's website around the timing for the annual general meeting for incorporated associations.
Comments to inform the Department of Foreign Affairs negotiations on the UK Free Trade Agreement with respect to legal services.
Comments on the Climate Change (National
Framework for Adaptation and Mitigation) Bill 2020 (CCB) and Climate Change (National Framework for Adaptation and Mitigation) (Consequential and Transitional Provisions) Bill 2020 (consequential Bill), collectively the Bills.
Comments on the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020.
Feedback have been sought from QLS members and the QLS legal policy committees about outstanding issues or problems they face in using the Courts, as well as measures they would like to see remain once the effects of the pandemic ease.
The Federal Courts and Tribunals have been pro-active, responsive and consultative to quickly adapt processes during the COVID-19 pandemic. Feedback have been sought from QLS members and the QLS legal policy committees about outstanding issues or problems they face in using the Courts and Tribunals, as well as measures they would like to see remain once the effects of the pandemic ease.
Feedback on the Crimes Legislation Amendment (Economic Disruption) Bill 2020 as part of the inquiry being conducted by the Senate Legal and Constitutional Affairs Committee.
Feedback on the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020. As outlined in the Explanatory Notes, the Bill, amongst other matters, proposes amendments to the Criminal Code following the Queensland Law Reform Commission report on the Review of consent laws and the excuse of mistake of fact.
Comments on some aspects of the proposed reforms in the Exposure draft of Corporations Amendment (Virtual Meetings and Electronic Communications) Bill 2020 - permanent reforms in respect of virtual meetings and electronic document execution.
Letter at the request of QLS members to raise concerns about the application and interpretation of certain aspects of the First Home Owner’s Grant in light of a recent decision of the Queensland Civil and Administrative Tribunal.
Feedback on the inquiry into general issues related to the implementation and performance of the National Disability Insurance Scheme (NDIS).
Submission and feedback on the Industry Consultation on Financial Products and the Personal Properties Securities Act 2009 (Cth) Public consultation paper.
Feedback on legal profession issues and the urgent extension of the COVID-19 Emergency Response Act 2020 and associated regulation.
Legislative response to COVID-19 pandemic that seeks retention of reforms to support business and the community and facilitate e-commerce, electronic signing and witnessing of documents, facilitating commercial transactions and virtual corporate and association meetings
Letter to Chief Justice of the District Court of Queensland about COVID-19 measures in state Courts, as well as measures Queensland Law Society members and the QLS policy committees would like to see remain once the effects of the pandemic ease.
Letter to Chief Justice of the Supreme Court of Queensland about COVID-19 measures in state Courts, as well as measures Queensland Law Society members and the QLS policy committees would like to see remain once the effects of the pandemic ease.
Letter to Chief Magistrate of the Brisbane Magistrates Court about COVID-19 measures in state Courts, as well as measures Queensland Law Society members and the QLS policy committees would like to see remain once the effects of the pandemic ease.
Letter to Executive Director of Supreme District and Land Courts about COVID-19 measures in state Courts, as well as measures Queensland Law Society members and the QLS policy committees would like to see remain once the effects of the pandemic ease.
Feedback on the National Framework for Information Sharing between the Family Law and Family Violence and Child Protection Systems.
Letter to the Commissioner of State Revenue, Queensland Treasury about the call for a dedicated website to assist taxation professionals.
Comments on options to enhance the family safety competency of legal practitioners. QLS strongly supports ongoing education of legal professionals on domestic and family violence. Ongoing Education is critical to developing practitioners’ ability to identify risk and respond appropriately.
In line with key medical and human rights stakeholders, QLS advocates to raise the minimum age of criminal responsibility to at least 14 years of age.
Feedback on the issues paper for the review of the Privacy Act 1988. This submission highlights approaches and suggestions on key privacy law issues raised by the Issues Paper.
Feedback on the revised principles underpinning a Federal Judicial Commission. Our submission of 3 September 2020 in response to the Law Council’s first set of principles outlined the reasons why QLS considers a Federal Judicial Commission should be established.
Feedback on the Draft Propositions by Counsel Assisting the Royal Commission. The Queensland Law Society appreciates being consulted on this important step in the Royal Commission into National Natural Disaster Arrangements.
An ongoing discussion of the Queensland Law Society’s Elder Law Committee relating to the multiplicity of substitute decision-makers and decision-making supports in guardianship matters.
Correspondence requesting urgent action be taken to improve the processing times for Centrelink clearances and Notices of Charge.
Comments in relation to the proposed amendments of the Corrective Services and the Other Legislation Amendment Bill 2020.
Comments and review on the Consultation paper on proposed amendments to the Legal Profession Uniform Law. The Legal Profession Act 2007 (QLD) (LPA) provides for the regulation of legal practice in Queensland. However, the Legal Profession Uniform Law nonetheless has an impact on many of QLS's members.
Comments provided to the Law Council of Australia regarding potential areas of reform to achieve consistency across jurisdictions for the electronic execution of documents.
Comments and response on the Community Services Industry (Portable Long Service Leave) Bill 2019 compiled by the QLS Industrial Law Committee, whose members have substantial expertise in this area.
Feedback on the Child Protection and Other Legislation Amendment Bill 2020. Children and young people occupy a special place in our community. Due to their age and vulnerability the rights, interests and wellbeing of children and young people must be protected and promoted.
Queensland Law Society (QLS) in its capacity as the peak professional body for the State’s legal practitioners, have considered the Aged Care Direction (No. 8) and its accompanying material as it applies to restricted residential aged care facilities.
Queensland Law Society requests that an exemption to the Chief Health Officer’s Hospital Visitors Direction be granted and published in respect of solicitors attending upon patients to make wills or enduring documents.
Comments on the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020.
Comments and response on the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2020.
Comments to the Law Council in relation to its proposed response to the Senate Select Committee on COVID-19 (Committee) Inquiry into the Australian Government's response to COVID-19.
Comments and submission on the Associations Incorporation and Other Legislation Amendment Bill 2019.
Feedback on the implementation of the National Redress Scheme (NRS) compiled with the assistance of members across several of QLS legal policy committees, whose members have substantial expertise in this area.
Comments on the Attorney-General Department’s 'Singapore Convention on Mediation - Consultation paper' for inclusion in the Law Council’s submission.
Feedback on the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2020 compiled with the assistance of the QLS Accident Compensation and Tort Law Committee, whose members have substantial expertise in this area.
Various issues raised by the QLS Revenue Law Committee in participation with Queensland Treasury's Taxation Consultative Committee to discuss issues of concern to practitioners and other stakeholders who practise in revenue and
taxation matters.
Feedback from QLS members and the QLS legal policy committees about outstanding issues or problems they face in using the Federal Court, as well as measures they would like to see remain once the effects of the pandemic ease.
Feedback from QLS members, including the QLS legal policy committees, about outstanding issues or problems members face in using the Family Court and Federal Circuit Court, as well as measures they would like to see remain once the effects of the pandemic ease.
Feedback on the current approaches and barriers associated with services, support and life outcomes for autistic people, and the need for a National Autism Strategy and the related legal, social, and health frameworks.
Submission to the Review of the Crime and
Corruption Commission’s activities. The Queensland Law Society (QLS) appreciates the
opportunity to contribute to the important work of the Parliamentary Crime and Corruption
Committee (Committee).
Submission to the Inquiry into the Public Service and Other Legislation Amendment Bill 2020 has been prepared with the assistance of QLS Occupational Discipline Law and Industrial Law legal policy committees, whose members have substantial expertise in this area.
Feedback on the Planning initiatives to support economic recovery consultation on proposed amendments to the Development Assessment Rules, Minister’s Guidelines and Rules and Planning Regulation 2017.
Feedback on the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Bill 2020.
Submission to the Inquiry into the Criminal Code and Other Legislation (Wage Theft) Amendment Bill 2020 prepared with the assistance of QLS legal policy committees including the Industrial Law Committee and Criminal Law Committee.
Response of the QLS Human Rights and Public Law Committee on the Inquiry into the Human Rights of Women and Girls in the Pacific.
Feedback and QLS's review of the efficacy and the impact that measures taken by the courts in response to the COVID-19 emergency have had.
Feedback and recommendations for the inquiry into the Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020.
Feedback on the Policy position paper - Sale or acquisition of land for overdue rates. As noted in the Position Paper, QLS has previously raised concerns with the process for the sale of land for overdue rates.
Queensland Law Society welcomes the release of the National Transport Commission’s (NTC) discussion paper Government access to vehicle-generated data. This submission highlights approaches and suggestions on some key data law issues.
Response to amendments passed to the Youth Justice Act 1992 as part of the Community Services Industry (Portable Long Service Leave) Bill 2019.
Feedback on the Queensland Government’s health response to COVID-19 compiled with the assistance of the QLS Health and Disability Committee and the QLS Elder Law Committee.
Feedback on the Environmental Protection and Other Legislation Amendment Bill 2020 compiled with the assistance of the QLS Mining and Resources Law Committee.
The Legal Perspectives on Solitary Confinement in Queensland report was released on 18 May 2020. The report provides empirical research pertaining to the experience of prisoners held in solitary confinement and includes a review of case law regarding the use of solitary confinement.
Feedback on the Law Council of Australia Review of the Law Council’s draft submission: Royal Commission into Aged Care Quality and Safety.
Comments on the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020.
Letter to the Premier of Queensland about the Legal Perspectives on Solitary Confinement in Queensland report released on 18 May 2020. The report provides empirical research pertaining to the experience of prisoners held in solitary confinement and includes a review of case law regarding the use of solitary confinement.
Feedback on the Criminal Justice System Issues Paper in relation to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
Input from the Queensland Law Society as to whether it would be beneficial for the Law Council in consultation with Constituent Bodies to keep a list of the various public health and emergency management orders made in response to the COVID-19 pandemic.
Feedback on the issues raised in the terms of reference to the inquiry. QLS is pleased to see the Terms of Reference acknowledge the role of climate change in the extreme bushfire season Australia experience in 2019-2020, resulting in devastating loss of life, property and wildlife, as well as environmental destruction across the nation.
Consideration of the implementation of the Commercial Leasing Code of Conduct and its possible impact on affected parties.
Feedback on the process for the dispute resolution required by the recently announced Commercial Leasing Code of Conduct in response to the COVID-19 pandemic, the ADR Committee has drafted a proposal for how this process could work.
QLS supports the need for urgent legislative reform to assist tenants and landlords as a result of the growing impact of the COVID-19 pandemic, but the reform must however balance the needs of tenants and landlords.
Comments on the Enhancements to Unfair Contract Term Protections - Consultation Regulation Impact Statement December 2019.
Feedback on the Magistrates Court published amended Practice Direction 3 of 2020, intending to facilitate an expanded capacity to hear non-urgent represented matters in the Magistrates Court, subject to specific registry capacities.
Items raised by the QLS Revenue Law Committee for consideration by the Office of State Revenue (OSR) in regards to the impacts of COVID-19 pandemic, JobKeeper package and wages, and the delivery of correspondence and documents to legal practitioners.
Comments in respect of possible solutions to the issues of witnessing of wills, enduring powers of attorney, appointments of enduring guardian, affidavits and other solemn documents where it is impossible to meet the signatory face to face; and facilitating practitioners needing to cross State and Territory borders to attend to essential legal services.
The QLS Not for Profit Law Committee identified concerns about the eligibility of charities and not for profits for the JobKeeper Payment in light of the particular role these organisations have in Australia and the way in which they operate financially.
QLS correspondence to the Queensland Premier and Minister of Trade and the Leader of the Opposition regarding the growing threat that prisons and youth detention centres pose to the spread of COVID-19 in the Queensland community.
Response to the Law Council's revised proposal in relation to seeking variations to the Legal Services Award 2020, to respond to issues arising from the COVID-19 outbreak.
Further feedback to QLS's previous correspondence of 24 March 2020 dealing the impact of COVID19 restrictions on the legal profession and the community. There are a number of measures to raise that may be considered as emergency responses to the issues we see occurring.
QLS writing to seek urgent support in overcoming a significant practical difficulty which has been heightened in the evolving COVID-19 crisis. Feedback on the Supreme Court and the District Court that are encouraging the listing of sentences where there is a likelihood that the prisoner will be released from custody.
Members of the QLS Industrial Law Committee's feedback and concerns about a decision of the Fair Work Commission to make new rules about annualised wage arrangements that could be misleading to employers and result in non-compliance.
Feedback on the proposed amendments to sections 651 and 652 of the Criminal Code Act. The amendments are contained in Clauses 53, 54 and 164 of the Justice and Other Legislation Amendment Bill 2019 (JOLA Bill).
Comments on the impact of the COVID-19 outbreak on the incorporated associations of Queensland, particularly in light of recent government announcements about limiting non-essential gatherings and likely further restrictions of movement.
Response compiled with the assistance of the QLS Elder Law and Succession Law Committees providing comments on the Enhancing protections relating to the use of Enduring Power of Attorney instruments - Consultation Regulation Impact Statement.
Comments to the Law Council’s submission to the Independent Review of the Environment Protection and Biodiversity Conservation Act (EPBC Act Review) and in particular to the Independent Review's Discussion Paper.
Response on a proposed international convention on the rights of older persons compiled with assistance by the QLS Elder Law Committee and the QLS Human Rights Law Committee.
Comments on the Paid Parental Leave Amendment (Flexibility Measures) Bill 2020 to amend the Paid Parental Leave Amendment (Work Test) Act 2019 to make the Paid Parental Leave (PPL) scheme more flexible.
Comments on the Law Council of Australia’s (LCA) submission on the third cycle of the Universal Period Review (UPR) of Australia’s compliance with its international human rights obligations.
Queensland Law Society's response to the question, "Is there current legislation to prosecute criminal negligence by corporate mining executives?" at the State Development, Natural Resources and Agricultural Industry Development Committee's public hearing for the inquiry into the Mineral and Energy Resources and Other Legislation Amendment Bill 2020.
Comments compiled with the assistance of members of the QLS Mining and Resources Law, Industrial Law and Criminal Law Committees who have substantial expertise in this area.
Comments on the National Consumer Credit
Protection Amendment (Small Amount Credit Contract and Consumer Lease Reforms) Bill
2019 (No. 2).
Comment and submission on the merits of the development of a Law Council policy position on climate change.
Response on the Queensland Law Reform Commission's Review of consent laws and the excuse of mistake of fact, compiled by members of the QLS Criminal Law Committee, whose
members have substantial expertise in this area.
Request of the Society’s Children’s Law Committee requesting the Chief Magistrate, Judge of the District Court of Queensland, to give consideration to the issues identified that have arisen as a result of the COVID-19 pandemic.
Preliminary views regarding the proposal to update the Rural, Regional and Remote (RRR) lawyers survey.
Comments on the Religious freedom reforms which include the drafts of the Religious Discrimination Bill 2019, Religious Discrimination (Consequential Amendments) Bill 2019 and the Human Rights Legislation Amendment (Freedom of Religion) Bill 2019.
Comments to the Inquiry into the Parliamentary Crime and Corruption Commission's performance of its functions to assess and report on complaints about corrupt conduct.
Response after appearing before Parliament House's Economics and Governance Committee on the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 on Monday, 20 January 2020.
Queensland Law Society appeared before the Legal Affairs and Community Safety Committee on the Justice and Other Legislation Amendment Bill 2019.
Queensland Law Society appeared before the Education, Employment and Small Business Committee on the Community Services Industry (Portable Long Service Leave) Bill 2019 on Tuesday, 21 January 2020.
Comments on the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019.
Comments on the review of the Seniors Legal and Support Services (SLASS) program. QLS has taken a special interest in the prevention of elder abuse for a number of years and is committed to advocating for services and policies that assist the victims of elder abuse and prevent further elder abuse within the community.
Feedback compiled by the QLS Criminal Law Committee on the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019.
Comments on the Health Legislation Amendment Bill 2019 that amends five health portfolio acts and two regulations to implement various policy objectives. This submission is limited to the proposed amendments to the Public Health Act 2005 (PHA) and in particular the insertion of Chapter 5B which seeks to prohibit the practice of conversion therapy by health service providers in Queensland.
Comments and submission on the Justice and Other Legislation Amendment Bill 2019.
Response to a decision announced in a media release on 23 July 2020 ('Update on Queensland fiscal position') to transfer the Titles Registry to the Queensland Future Fund. Queensland Law Society (QLS) considers that it is essential that the Titles Registry remains in public hands as a vital service to the Queensland public.
Letter to Attorney-General and Minister of Justice about ongoing issues QLS members are facing in respect of obtaining court transcripts from the current service provider.
Feedback on the Reef 2050 Long-Term Sustainability Plan and the acknowledgment of the continuing connection of Aboriginal and Torres Strait Islander Peoples to the Great Barrier Reef.