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Recent consultation activities

The introduction of a new partial defence for victims of seriously abusive relationships

The Government proposes to introduce a new defence into the Criminal Code by virtue of the Criminal Code Amendment Bill 2009 (the Bill). The defence will apply in cases where the accused has unlawfully killed another in the following circumstances:

The closing date for submission was 16 October 2009.

Read the draft bill
Read Homicide in Abusive Relationships: A Report on Defences report
Read The Excuse of Accident and the Defence of Provocation report


Queensland Government model for the decriminalisation of altruistic surrogacy and the transfer of legal parentage

A position paper concerning models laws for decriminalisation of altruistic surrogacy was released for public comment.

Surrogacy, including altruistic surrogacy, is currently prohibited in Queensland under the Surrogate Parenthood Act 1988.  Offences against the Act currently attract a maximum penalty of up to three years imprisonment.

The proposed legislative framework for altruistic surrogacy aims to achieve a balance between helping childless Queenslanders to become parents and protecting the rights and interests of the child.

The closing date for submissions was 30 September 2009.

Read the position paper for the Queensland Government model decriminalisation of altruistic surrogacy and transfer of legal parentage.

Review of the legal status of children being cared for by same-sex parents

A position paper concerning changes to the parentage presumptions for same-sex couples under the Status of Children Act 1978 was released for public comment.

The paper is the result of the Queensland Government’s review of the legal status of children being cared for by same-sex parents.

The current status of the law, the issues resulting from the current law, the findings and recommendations of reviews in other Australian jurisdictions and the Queensland Government’s position are outlined in the paper.

The closing date for submissions was 30 September 2009.

Read the position paper about the Review of the legal status of children being cared for by same-sex parents.

  Draft Victims of Crime Assistance Bill 2009 released for public consultation

The draft Victims of Crime Assistance Bill 2009 which implements the new Victims Financial Assistance and Services Scheme (VFASS) was released by the Queensland Government for comment. The draft legislation can be accessed here.

The draft Bill provides for a new scheme which focuses on victim recovery by paying for or reimbursing the costs of goods and services that the victim requires to help them recover from the physical and psychological effects of the crime. VFASS will mark a significant change of focus from criminal compensation to financial assistance and support for victims. The draft Bill repeals the current scheme under the Criminal Offences Victims Act 1995 (COVA). More information on VFASS can be accessed here.

Included in the Bill are fundamental principles of justice for the treatment of victims in the criminal justice system based on those contained in COVA. The principles have been modernised and include a new process for resolving victims’ complaints relating to breaches of the principles.

The closing date for submissions was 12 June 2009.

  Draft Bill

Discussion paper on 'battered persons' defence

A discussion paper on the development of a new 'battered persons' defence was released on 26 April 2009.

The paper, Victims who kill their abusers: A Discussion Paper on Defences, was prepared by Professors Geraldine Mackenzie and Eric Colvin of Bond University, to provide an opportunity for the community and government to consider the need for legal reform in this area.

The discussion paper is a result of a review of the use of provocation and accident defences in murder and manslaughter trials, conducted by the Queensland Law Reform Commission in 2008.

The closing date for submissions was 25 May 2009.

  Discussion paper

Non-consensual Genetic Testing discussion paper

On 6 November 2008, the Standing Committee of Attorneys-General released the Model Criminal Law Officers’ Committee’s (MCLOC) Discussion Paper on non-consensual genetic testing for public consultation.

The closing date for submissions was 31 January 2009.

  Discussion paper

Community urged to have its say on community titles schemes

The Department of Justice and Attorney-General is seeking public comment on the laws governing how body corporate expenses are shared between owners in community titles schemes.

The Body Corporate and Community Management Act 1997 provides for most body corporate expenses to be divided between owners in proportion to the lot entitlements allocated to each lot.

The Department has released a discussion paper, Sharing Expenses in Community Titles Schemes, to inform the community about the current system for setting and adjusting lot entitlements and encourage public discussion and comment about the system.

Owners in community titles schemes and other interested individuals and organisations are invited to make written submissions on the discussion paper.

The closing date for submissions was 28 February 2009.

  Discussion paper

Spent Convictions Bill 2008

In Queensland, whether a conviction for a criminal offence can be spent or remains part of a person’s official criminal record is governed by the Criminal Law (Rehabilitation of Offenders) Act 1986 (CLROA).

Spent convictions schemes exist in all Australian jurisdictions, except Victoria and South Australia. The schemes vary in operation between jurisdictions through the level of convictions capable of being spent, exclusions from the schemes, when the waiting period commences and its length, the means by which convictions become spent and the situations in which such information may be used, disclosed and taken into account.

These inconsistencies can create complexities both for rehabilitated offenders, for agencies responsible for the provision of criminal history information and for exempt agencies responsible for assessing a person’s fitness for admission to certain professions or occupations.

The Standing Committee of Attorneys-General (SCAG) is working on a project to design a national model Bill for a spent convictions scheme. Adopting a national model aims to provide for certainty and uniformity in approach across all Australian jurisdictions.

The draft Spent Convictions Bill 2008 has been developed with that in mind. This paper invites comment on the draft Bill that could form the national model for a spent convictions scheme. Please note that the draft Bill does not represent the policy of the Queensland Government or the Ministers involved in SCAG.

Submissions on the draft Bill closed on 27 January 2009.

  Spent Convictions Bill
  Consultation paper

Shaping Queensland's Guardianship Legislation: Principles and Capacity

The Queensland Law Reform Commission has commenced stage two of its consultation on Queensland's guardianship laws. Stage one looked at rules of confidentiality.

Stage two is looking more widely at the guardianship legislation and separate discussion papers dealing with the issues will be published. The Commission's first discussion paper and companion paper for stage two looks at the threshold issues of capacity, the general principles and health care principle.

Read the Queensland Government Response to the Queensland Law Reform Commission Report - Public Justice, Private Lives: A New Approach to Confidentiality in the Guardianship System.

You can also view the Queensland Law Reform Commission's full report and draft legislation.

Submissions for stage two closed on Friday 12 December 2008.

Review of s280 of Criminal Code (domestic discipline)

The Department of Justice and Attorney-General has undertaken a review of the use of section 280 in cases of parent/child assaults. The results of the review were tabled in Parliament on 25 November 2008.

  View the review paper

Review of neighbourly relations - trees and resolving neighbourhood disputes

Many things affect relations between neighbours. Dangerous and intrusive trees are one of the most common causes of neighbourhood conflict and complaints to government departments and councils.

The review examined:

Submissions closed on 31 October 2008.

  Discussion paper - Trees
  Discussion paper - Resolving neighbourhood disputes

Review of the civil and criminal justice system in Queensland

On 8 August 2008 the Attorney-General and Minister for Justice Kerry Shine called for a review of the civil and criminal justice system in Queensland, with the aim of identifying practical improvements to resolve cases more quickly and fairly.

The Attorney-General asked the Honourable Martin Moynihan AO QC, former Senior Judge Administrator of the Supreme Court of Queensland, to conduct the review and report on key areas including:

Submissions as part of the review closed on 5 September 2008.

  Terms of reference
  Discussion Paper - Reform of the Committal Proceedings Process
  Forum launch on 28 July 2008 - Speaking notes of M Moynihan

Improving Cape York justice project

The Department of Justice and Attorney-General is currently examining ways to improve the delivery of justice services to Cape York communities.

The department recently commissioned a report into justice services in Cape York. This work was done by a project director, who was based in Cairns. The director consulted with key stakeholders and groups who play a role in the delivery of justice services in Cape York communities, including across government and in the community.

While the work was focused on the justice system, it is also examined the importance of a whole of government approach, and the benefits when all service providers and local people work in partnership to address the issues facing Cape York communities.

A key part of the review involved talks with Cape York communities to discuss ways of responding to existing challenges and needs, and options for the future. The department is encouraged submissions about the delivery of justice services in Cape York.

Submissions closed on 9 June 2008.

  Improving Cape York justice services

Queenslanders urged to have their say on Freedom of Information

The Freedom of Information Independent Review Panel was established on 17 September 2007 to review Queensland’s Freedom of Information laws.

The FOI Independent Review Panel released a discussion paper in January 2008 titled "Enhancing Open and Accountable Government". Submissions closed on 7 March 2008.

On 10 June 2008, the Panel Chair, Dr David Solomon AM, delivered the report, The Right to Information, to the Honourable Anna Bligh MP, Premier of Queensland and the Honourable Kerry Shine MP, Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland.

To view the report, visit the FOI review website here.

  Discussion paper

Views sought on proposed changes to body corporate regulations

The Department of Justice and Attorney-General is seeking public comment on proposed regulations under the Body Corporate and Community Management Act 1997.

The need for the regulations arises from the expiry of existing regulations under the Act on 1 September 2008. It is proposed to remake, with enhancements, four expiring regulation modules (the Accommodation, Commercial, Small Schemes and Standard Modules) and an expiring fees regulation. Subject to supporting amendments to the Act, a new Two-lot Schemes regulation module is also proposed.

The regulations provide management processes and procedures designed to meet the needs of different types of community titles schemes, and set out fees payable for dispute resolution services provided under the Act.

A regulatory impact statement has been prepared to explain the need for the proposed regulations and to present an evaluation of the likely costs and benefits of the regulations.

Submissions closed on 14 March 2008.

  Regulatory impact statement

New civil and administrative tribunal for Queensland

On 12 March 2008, the Premier announced the Queensland Government’s intention to establish a new civil and administrative tribunal, providing a single gateway to increase the community’s access to justice.

For more information, click here.

Victims of crime review

On 24 November 2008 Premier Anna Bligh and Attorney-General Kerry Shine announced that the new Victims Financial Assistance Scheme would replace the current scheme under the Criminal Offence Victims Act 1995 (COVA). The proposed new scheme will result in significant increases in the amount of assistance to the families of victims of criminal violence as well as new categories of funding.

This followed a comprehensive review of the criminal injury compensation scheme to make it simpler and easier for victims of crime. This was the first time COVA had been reviewed substantively since its introduction.

The review examined the most appropriate ways to addresses victims’ needs, and whether the range of assistance provided to victims through government and funded non-government organisations could be more effectively co-ordinated. Submissions to the review closed on 1 February 2008.

The draft bill for the new scheme will be released for public consultation in March 2009.

For further details of the Premier’s announcement click here.

For further details on compensation for victims of crime click here.

  Issues paper

Reform of civil and administrative justice

This discussion paper is part of a project that aims to improve the delivery of civil and administrative justice across all Queensland Government agencies. The project is conducted by the Department of Justice and Attorney-General.

Improvements to the current system of civil and administrative justice will focus on two issues:

This discussion paper has three parts. The first part sets out the need for reform, detailing the scope of the project and the proposed outcomes. The second part proposes options to reform current civil and administrative justice mechanisms. The third part proposes a new administrative review policy to ensure a consistent and contestable approach across all government agencies when reforms are made to review rights.

Specific consultation questions are raised throughout the paper, but are also listed together in attachment 7 of the discussion paper.

Following the close of the consultation period, the results of consultation will be analysed and recommendations will be made to the Attorney-General on ways to improve the delivery of civil and administrative justice in Queensland.

Submissions closed on 21 December 2007.

  Discussion paper

Audit on defences to homicide: accident and provocation

The Attorney-General and Minister for Justice Kerry Shine recently commissioned an audit of homicide trials to ascertain the nature and frequency of the reliance on the excuse of accident (under section 23 of the Criminal Code) and the partial defence to murder of provocation (under section 304 of the Criminal Code).

The audit arose out of community concern following the outcomes of three recent cases – Jonathan James Little, who was acquitted of murder in relation to the death of David Stevens; Ryan William Moody, who was acquitted of manslaughter in relation to the death of Nigel Lee; and Damien Karl Sebo, who was acquitted of murder, but convicted of manslaughter, in relation to the death of Taryn Hunt.

A discussion paper has been drafted and provides a review of the law in relation to the excuse of accident and the partial defence of provocation. It includes a jurisdictional comparison and looks at law reform in other Australian jurisdictions and in New Zealand and the United Kingdom. The discussion paper also looks at the role of the jury and the nature of Queensland’s sentencing system. Importantly, the discussion paper also outlines the results of the audit, including a number of case studies involving particularly relevant factual circumstances.

The purpose of the discussion paper is to provide information about the nature and frequency of the use of these defences, as well as some broader contextual information, in order to provide an opportunity for stakeholders to comment on the operation and use of these defences.

The discussion paper does not reflect or represent the views of the Government nor does it propose a particular direction for future action.

Submissions closed on 3 December 2007.

  Guide to discussion paper
  Discussion paper

Response to Queensland Advocacy Report

In Novemeber 2007 the department coordinated a whole of government response to a report produced by Queensland Advocacy Incorporated on the issues faced by people with a disability within the Queensland criminal justice system.

  Queensland Government’s response to the Queensland Advocacy Report

Review of neighbourly relations - dividing fences

Fences are one of the most common causes of neighbourhood conflict and complaints to government departments and councils.

The review of neighbourly relations - dividing fences examined:

Queenslanders had their say by completing an online survey, providing written submissions or attending public forums. Your input has been valuable and we thank you for taking part. A report is being prepared which may recommend changes to the current law and processes used to resolve complaints.

Submissions closed on 26 July 2007.

Criminal Proceeds Confiscation Act 2002

The review assessed the operation of the Act since its commencement, including the strengths and achievements of the Act and ways in which the operation of the Act may be improved.

Specifically the review sought to:

  1. Gather information on the impact of the operation of the Act.
  2. Consult with principal stakeholders in relation to areas where the Act is operating effectively in achieving its objects and factors which may have limited the achievement of the objects of the Act.
  3. Consider recommendations regarding amendment to the Act, made by the Parliamentary Crime and Misconduct Commission in its Three Year Review of the Crime and Misconduct Commission, Report No. 71 October 2006.
  4. Make recommendations for any changes that may be required to enable the Act to better achieve its objectives.

Submissions closed on 1 March 2007.

Litigation funding - SCAG consultation paper

In November 2005, the Standing Committee of Attorneys General (SCAG) agreed that further consultation and research should be undertaken into regulating the litigation funding industry. A working party of State and Territory officers has developed a discussion paper which sets out the legal context of litigation funding, and some issues upon which comment is invited. The New South Wales Department of Justice and Attorney-General is leading the working party. Comments are now being sought on the paper which can be found here.

Submissions closed on 14 September 2006.

Unauthorised photographs on the internet and ancillary privacy issues

At a meeting of the Standing Committee of Attorneys-General (SCAG) in August 2003, Ministers agreed that all State and Territory officers would work in consultation to develop options for reform to address the issue of unauthorised publication of photographs being made available on websites, including ancillary privacy issues associated with the practice.

A working party of State and Territory officers was established to examine possible options for reform. The working party was led by Victoria and consists of representatives from each jurisdiction.

At the SCAG meeting on 28–29 July 2005, the State and Territory Attorneys-General agreed to release a Discussion Paper, Unauthorised Photographs on the Internet and Ancillary Privacy Issues.

The discussion paper sought to:

Submissions closed on 14 October 2005.

  Discussion paper

State and Territory proposal for uniform defamation laws

Defamation laws in Australia vary between the States and Territories. These cross-jurisdictional differences have become more significant with the escalation in internet publication and the practical realities of mass communication.

In late 2002, the Standing Committee of Attorneys-General (SCAG) initiated a review of defamation laws throughout Australia with a view to achieving uniformity.

At the SCAG meeting on 30 July 2004, the State and Territory Attorneys-General released a discussion paper entitled 'Proposal for Uniform Defamation Laws' which sets out a comprehensive framework for uniform defamation laws in the form of 21 recommendations.

Submissions closed on 30 September 2004.

  Discussion paper

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