Submissions

Queensland Law Society’s 29 standing policy committees comprise over 350 volunteer committee members who contribute their expertise, knowledge and valuable time to advocating for good law for the public good. Their dedication enables QLS to develop sound and balanced submissions to government when seeking legislative and policy reform which will have a positive impact for both the legal profession and the Queensland community.

QLS values its relationship with the Queensland Government and the Opposition, and is regularly consulted on the development of policy positions and proposed legislative amendments, leading to better outcomes and responsive legislation. 

Access copies of our written submissions to governments and other stakeholders.

2021
QLS acknowledges the Australia-wide shortage of building materials and skilled trades. We consider, however, that it is important to highlight to builders and homeowners that the ABCD service ought to be entered into after careful consideration of the relevant issue/s and how to get the best from the service.
Due to further COVID restrictions in SEQ in early August QLS wrote to respectfully and urgently request legal practitioners be provided an exemption to allow them entry to residential aged care facilities, disability accommodation and hospitals for the purpose of providing legal services.
QLS wrote to the Chief Health Officer to request that an exemption be implemented to allow fully vaccinated legal practitioners to enter restricted facilities (i.e. residential aged care facilities, hospitals, and disability accommodation) to provide necessary legal services. QLD Health subsequently provided an exemption to allow legal practitioners entry to residential aged care facilities.
The Queensland Law Society (QLS) wrote to seek clarification as to where prisoners and people in detention, including young people in youth detention over 16 years of age, will be placed within the ongoing COVID-19 vaccination rollout in Queensland.
QLS submitted that the Banking Code of Practice (Code) should contain a number of commitments to assist vulnerable customers, including: face to face banking services; interpreters; and, responses to scams. Additionally, QLS recommended that the Code should reconsider its safeguarding measures for customers with impaired decision-making authority.
QLS raised concerns about the practice of deposits under “off the plan” sale contracts being released to the seller as a means of assisting in the funding of developments. QLS recommended the intent of the legislation be clarified.
Correspondence to Office of State Revenue, seeking clarification of the approach to registering charitable institutions under Part 11A of the Taxation Administration Act 2001 (Qld).
Correspondence to the Chief Health Officer to request access to restricted facilities (hospitals, residential aged care facilities and disability accommodation) for the purpose of providing essential legal services.
QLS broadly supports the objectives of the amendments, particularly to achieve consistency across the Australian jurisdictions. We especially welcome the proposed defence of publication of matter concerning issues of public interest, noting that this had been a feature of defamation law in Queensland for over 100 years until the introduction of the Defamation Act 2005.
QLS response to the consultation on developing a voluntary code to improve the transparency of charitable donations during natural disasters. QLS highlighted the difficulties with reporting on administrative costs, called for harmonisation of fundraising regulation in Australia and recommended a legislative scheme for disaster fundraising oversubscription.
QLS highlighted the impact that any digital identity framework might have on the legal and justice sector. In particular, a digital identity framework will improve access to justice in many ways (e.g. by enabling transactions for those in remote areas), but cautioned that marginalised groups must not be further digitally excluded.
QLS urged the Department of Energy and Public Works to retain the head contractor licensing exemption in its current form until a review of the role of developers in the industry and sufficient stakeholder consultation is completed.
QLS supported the modernisation of rental laws in Queensland. QLS welcomed the decision that the end of the contractual lease period was grounds on which to issue a notice to leave, being consistent with the fundamental nature of a contract. QLS supported the reforms to help tenants escaping domestic and family violence. QLS raised concerns about the approach to periodic tenancies.
QLS provided this submission in response to questions taken on notice: 1. Is there any case law on whether the Administrative Appeals Tribunal (Tribunal) would have open to it the independent assessment as part of the review process? 2. Is there any case law on the Tribunal failing to consider relevant material that formed a part of that administrative decision?
QLS recommends a range of measures be implemented to improve processing visa classes which provide for family and partner unions. The delays and difficulties visa applicants encounter throughout the visa application process have significant impacts on individuals. These barriers impede the capacity of individuals to genuinely settle and meaningfully contribute to the community in Australia.
The Elder Law Committee and the Domestic and Family Violence Committee made a submission to draw to the Government’s attention the link between social isolation and forms of abuse, specifically elder abuse and domestic and family violence.
QLS considers that the Voluntary Assisted Dying Bill 2021 (the Bill) achieves a reasonable balance in legislation which engages a number of important and fundamental human rights, however made a number of recommendations to improve the Bill.
Remarks in response to two questions taken on notice - Are there any areas of the Voluntary Assisted Dying Bill 2021 (the Bill) which can be amended by regulation? and Are there any amendments required to estate laws in relation to coercing a person to access the voluntary assisted dying scheme?
QLS provided this submission in response to questions taken on notice: 1. Are there any areas of the Voluntary Assisted Dying Bill 2021 (the Bill) which can be amended by regulation? 2. Are there any amendments required to estate laws in relation to coercing a person to access the voluntary assisted dying scheme?
The Construction & Infrastructure Law Committee wrote to the Department of Energy and Public Works to query how the Queensland statutory trust legislation would affect circumstances where the retention money withheld under the subject is required to be withheld in a New South Wales retention trust account.
QLS welcomed this legislation to make permanent measures initially introduced during the pandemic. The Bill facilitates the electronic creation and remote witnessing of affidavits, statutory declarations, GPAs for businesses, deeds and particular mortgages. The bill also allows nurse practitioners to sign a capacity certificate for an AHD and streamlines domestic and family violence proceedings.
The QLS has written to the Treasurer regarding Legal Aid Queensland preferred supplier rates. The Society has advocated for an increase to Legal Aid preferred supplier rates to ensure that these rates are fair and reasonable.
Submission to the Attorney-General’s Department on a proposal for a national register of enduring powers of attorney for financial matters. QLS supported in principle the proposal for a national register, but considered that further harmonisation of the law relating to enduring powers of attorney and a model enduring document should come before the implementation of a national register.
QLS recognises the existing rights for consumers to have products repaired, replaced or refunded under guarantees in the Australian Consumer Law. Our members agree with the Commission that more needs to be done to support consumers to understand and enforce their rights, including the 'right to repair'.
The Bill proposes to further extend (and make some minor changes to) a number of the legislative measures implemented in response to the COVID-19 pandemic as well as introduce new measures for quarantine payment costs.
Queensland Law Society's contribution to the Law Council's 2021-2020 Pre-Budget Submission compiled with input from a number of the QLS legal policy committees.
Feedback on the Child Protection and Other Legislation Amendment Bill 2020.
Feedback on the Commonwealth Integrity Commission Exposure Draft for inclusion in a submission made by the Law Council.
Queensland Law Society's consultation and feedback on the Data Availability and Transparency Bill 2020 and Data Availability and Transparency (Consequential Amendments) Bill 2020.
Feedback and consultation on the development of the Queensland Law Reform Commission's proposed program: 2021-2026.
Further recommendations on the Disability Services and Other Legislation (Worker Screening) Amendment Act 2020 (Amendment Act) which was passed by the Queensland Parliament on 7 December 2020, assented on 11 December 2020 and proclaimed on 18 December 2020.
Comment on exposure draft of the legislative instrument and explanatory materials for changes to governance standard three in the Australian Charities and Not-for-profits Commission Regulation 2013 to expand the scope of impermissible activities that registered charities must not engage in.
Contribution to Law Council's submission on the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020. This submission outlines some key issues raised by members of the Queensland Law Society’s Industrial Law Committee.
Feedback on the Federal Court of Australia Digital Practice Committee consultation considering how the Federal Court will utilise digital technology in the future.
Mandatory reporting requirements under section 229BC of the Criminal Code Act 1899
Feedback on The Treasury's "Modernising Business Communications - Improving the technology neutrality of Treasury Portfolio laws" Consultation Paper.
Queensland Law Society's feedback and comments on this significant legislative reform compiled with the assistance of members from the QLS Banking and Financial Services Law and Competition and Consumer Law Committees.
Comments on the Occupational Mobility Consultation, the concept of automatic mutual recognition (AMR) of occupational registrations and the exposure draft of the Mutual Recognition Amendment Bill 2020.
Feedback in response to The Treasury's consultation on Options for mandatory e-invoicing adoption by businesses.
Submission on behalf QLS members, notably those on our Criminal Law and Human Rights and Public Law Committees, to raise significant concerns about delays in parole decision-making by the Parole Board of Queensland.
The Bill proposes to further extend (and make some minor changes to) a number of the legislative measures implemented in response to the COVID-19 pandemic. QLS expressed broad support for the extension of the legislative COVID-19 measures subject to: 1. appropriate scrutiny and oversight as outlined below; and 2. the comments we make below in relation to specific measures.
During QLS' appearance at the public hearing we raised out concerns regarding the use of data obtained from check-in apps by, for example law enforcement. The Deputy Chair asked us to provide further particulars about access to this information and information sharing arrangements between state and federal law enforcement.
Further correspondence on QLS submission of 18 September 2020 where we recommended amendments to the Queensland Employment Standards in the Industrial Relations Act 2016 (QLD) to address barriers some workers face in accessing termination entitlements.
QLS submission regarding the potential reform of the provisions in the Australian Charities and Not-for-Profits Commission Act 2012 (Cth) about disclosure of information about regulatory activities, including investigations. QLS considered that the need for transparency must be balanced with the risks of prejudice to the charity involved.
Correspondence to the Minister for Children and Youth Justice and Minister for Multicultural Affairs following the recent events and the focus on youth justice issues in Queensland.
Queensland Law Society's feedback and input for a Law Council's submission to the Department of Treasury in relation to a review of the Australian Financial Complaints Authority (AFCA).
QLS made a submission to the Review on the Public Trustee’s Fees and Charges, advocating for increased transparency from the Public Trustee as to how it has responded, or is responding, to the Public Advocate’s recent report.
QLS made a submission to the Review on the Public Trustee’s Fees and Charges, advocating for increased transparency from the Public Trustee as to how it has responded, or is responding, to the Public Advocate’s recent report.
Correspondence to the Office of Advance Care Planning to express concerns about Queensland Health’s Statement of Choices documents, and their interaction with other legal advance care planning documents (e.g., advance health directives and enduring powers of attorney).
Submission to the Law Council of Australia to inform its advocacy work on the Commission’s final report, expressing the view that any legislation drafted to replace the Aged Care Act 1997 (Cth) must have a human rights focus that expressly protects and enhances the human rights of older people in line with international recommendations and protections.
The submission broadly supported the bill in implementing some of the recommendations from the Respect@Work Report including extending the timeframe to commence a claim in the AHRC. However, there are other recommendations requiring action. QLS sought amendments to the meaning "harassment on the grounds of sex" and to who was covered for miscarriage and still birth leave under the FWA.
Queensland Law Society's feedback and supplementary correspondence on some of the issues encountered with the implementation and performance of the National Disability Insurance Scheme (the NDIS).
Queensland Law Society's feedback to the Law Council of Australia's submission to the Senate Economics Legislation Committee in relation to its Inquiry into the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021.
QLS supports the revised draft of this legislation. In our view, the provisions that relate to the execution of documents have been significantly simplified from prior versions and, as the explanatory memorandum indicates, make it easier to extend this approach across other parts of the Corporations Act 2001.
Feedback on the Federal Court of Australia Digital Practice Committee consultation on the Use of Technology in the Federal Courts.
The draft Bill seeks to make permanent changes to the Corporations Act introduced to respond to the effects of the COVID-19 pandemic. QLS expressed support for changes to Schedule 1 of the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 and reiterates the support for those amendments, intended to support companies' and their officers' use of technology, in this submission.
Queensland Law Society's feedback on the Legal Affairs and Safety Committee, Queensland Parliament's report on the Youth Justice and Other Legislation Amendment Bill 2021.
QLS responded to the Women’s Safety and Justice Taskforce on options for responding to coercive control. QLS acknowledged the debate about whether criminalising coercive control will reduce domestic violence against women. QLS emphasised the importance of a multi-faceted response to coercive control, including community and stakeholder education and improved implementation of current systems.
2020
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.
2019
Memorandum dated 20 December 2018 regarding the 2019-20 PreBudget submission comments on the two key issues of Commonwealth funding for legal assistance services and Commonwealth funding for federal courts and tribunals.
Letter to the Minister for Police, Fire and Emergency Services and Minister for Corrective Services to raise the issue of access to legal representation in Queensland correctional facilities.
Confidential consultation draft of the proposed amendments to the Human Rights Bill 2018 to be moved by the Leader of the Opposition.
Comments on the amendments to the Transport Operations (Road Use Management - Driver Licensing) Regulation 2010 in relation to the removal of the 21 day time limit for applying for a Special Hardship Order and the Zero point limit for Special Hardship Licence.
Comments on the Australian Citizenship Amendment (Strengthening the Citizenship Loss Provisions) Bill 2018.
Letter to the Minister for Child Safety, Youth and Women and Minister for the Prevention of Domestic and Family Violence in relation to the issue of children and young people being detained in watch houses and the treatment of these children while they are held in these facilities.
Letter to the Premier of Queensland following on-going media reporting of the growing number of children, some as young as 10, being held in Queensland watchhouses for extended periods of time in facilities with dangerous adult offenders, and attempts by some understood to have committed acts of selfharm.
Comments on the Criminal Code and Other Legislation Amendment Bill 2019 (Government Bill) and Criminal Code and Other Legislation (Mason Jett Lee) Amendment Bill 2019 (Private Member's Bill).
Comments on the Electoral and Other Legislation Amendment Bill 2019.
Comments on the inquiry into aged care, end-of-life and palliative care and voluntary assisted dying compiled by the QLS Elder Law Committee, Health and Disability Law Committee and Succession Law Committee.
Letter to the Attorney-General and Minister for Justice in relation to the Parliamentary Education, Employment and Small Business Committee’s Inquiry into the Working with Children Bills.
Letter to the Shadow Attorney-General and Shadow Minister for Justice in relation to the Parliamentary Education, Employment and Small Business Committee’s Inquiry into the Working with Children Bills.
Letter to the editor of Courier Mail of 17 January 2019 about the fate of Robert Fardon by Marg Wenham's measured and balanced column-which she delivered after reading the actual judgement.
Comments on the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019. QLS makes comments with a particular focus on the interests of procedural fairness and natural justice.
Comments on the Mineral Resources (Galilee Basin) Amendment Bill 2018.
Comments on the Natural Resources and Other Legislation Amendment Bill 2019. This response has been prepared with the assistance of the QLS Alternative Dispute Resolution Committee, Mining & Resources Law Committee, the Reconciliation & First Nations Advancement Committee, the Property & Development Law Committee and the Revenue Law Committee.
Comments on the Police Service Administration (Discipline Reform) and Other Legislation Amendment Bill 2019. QLS welcomes sound reform of the police disciplinary system, which has been dysfunctional for more than 25 years.
Feedback on Protecting Queenslanders from Violent and Child Sex Offenders Amendment Bill 2018. The Bill seeks to amend the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA), relying on the High Court decision of Pollentine v Bleijie [2014] HCA 30. .
Comments on the Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018.
Letter to the Shadow Attorney-General and Minister for Justice regarding a recent news report of certain road traffic accidents.
Comments on the Transport Legislation (Road Safety and Other Matters) Amendment Bill 2019 and on the proposed amendments to the Transport Operations (Road Use Management) Act 1995.
Comments on the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2018 [Provisions].
Letter to supplement QLS's letter dated 26 April 2019 regarding the Parliamentary Education, Employment and Small Business Committee's Inquiry into the Working with Children Bills.
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