Plans for Closure of Criminals’ Name-Change Loophole

Under proposed amendments to the Corrective Services Act 2006 (Qld) announced by the Hon Jack Dempsey MP, Minister for Police, a loophole regarding convicted criminals changing their names will no longer be available in Queensland.

Laws currently exist which require prisoners and certain convicted offenders to obtain permission to change their name from either the chief executive of Corrective Services or the police commissioner, depending on the situation.  The Courier-Mail recently reported that there is presently no law preventing such persons from “acquiring a new identity” as there is no obligation on the registrar of Births, Deaths and Marriages (BDM) to inform the police of any changes in name for such persons. 

The Courier-Mail reported further that:

36 convicted offenders, including several murderers, rapists, fraudsters and a child abuser on parole or probation, had successfully applied to the Community Safety Department to change their names through the Registry of Births, Deaths and Marriages (BDM) since 2008, but police were not notified.

Mr Dempsey has indicated that he intends to “close the loophole and ensure police were informed of any name changes”.  He also stated that he has requested his department “to make changes to the Corrective Services Act to stop any prisoner in custody, on probation or parole changing their name”.

Government Crackdown on 'Hooning' Offenders

On 3 July 2012, the Queensland LNP Government announced that it will introduce tougher ‘anti-hooning’ provisions into the Police Powers and Responsibilities Act 2000 (Qld) (the Act), implementing a LNP State Election Policy to strengthen these laws.  The Police Minister, the Hon Jack Dempsey MP, said that illegal street racing, burnouts, donuts, drifting and speeding are highly dangerous activities and could harm local families and businesses.  These actions could also have fatal consequences.  

Even at low speeds, hooning behaviour can cause the driver to lose control of the vehicle, leave the road and hit a fixed object or a pedestrian.

Flying Foxes in Australia's Urban Environment

Flying foxes (otherwise known as fruit bats) are very noticeable in urban areas because they often roost in colonies of thousands. Their presence engenders different responses within the community – some positive, some negative. 

Flying foxes roost during the day then fly out at sunset to feed during the night.  Some flying fox roosting areas are permanent camps whereas others may be occupied for a period then abandoned, perhaps to become reoccupied sometime later.

Partial Defence of Provocation: Non-violent Sexual Advances

Uncertainty over whether provocation caused by an unwanted homosexual advance will form the basis of a partial defence to murder may soon be resolved with the Sunshine Coast Daily reporting on 7 June 2012 that the Queensland Attorney-General, the Hon Jarrod Bleijie MP, had asked the Department of Justice and Attorney-General to brief him on the issue.  The Attorney-General was quoted as saying ‘the LNP supports, in principle, the concept that persons should not be able to rely on [provocation] simply because of a minor touching incident or unwanted sexual advance’.

Just prior to the 2011 State election campaign, the then Queensland Attorney-General in the Bligh Labor Government, the Hon Paul Lucas MP, announced a proposal to amend the partial defence of provocation contained in s 304 of the Queensland Criminal Code to ensure that it could not be used where the defendant has received an unwanted sexual advance from the deceased, unless there were exceptional circumstances.

Tougher sentences for murder, serious assaults on police and repeat serious child sex offenders

On 20 June 2012, the Attorney-General and Minister for Justice, the Hon Jarrod Bleijie MP, introduced the Criminal Law Amendment Bill 2012 (Qld) and the Criminal (Two Strike Child Sex Offenders) Amendment Bill 2012 (Qld) which, among other things, amend existing laws to increase jail time for murderers, perpetrators of serious assaults on police and repeat child sex offenders.

This legislation is in line with the LNP’s 2012 election campaign policies to apply tougher sentences for serious offenders and protect children.  Key elements of these policies included:

• increasing the non-parole period for murder from 15 to 20 years imprisonment;
• introducing a new offence of murder of a police officer with a non-parole period of 25 years imprisonment;
• increasing the non-parole period for multiple murders from 20 to 30 years imprisonment; and
• increasing the maximum penalty for a serious assault on a police officer from 7 to 14 years; and
• introducing a “two strikes” policy for repeat child sex offenders.

The Attorney-General has stated that “[t]hese tough new penalties send a clear and strong message that these offences simply won’t be tolerated”.  In response, the President of the Queensland Council of Civil Liberties, Mr Terry O’Gorman has commented that “the changes would prevent a judge or magistrate from sentencing on the peculiar facts of each case and would cause injustice”.

 

The Aboriginal Tradition and Torres Strait Islander Custom Exemption in the Animal Care and Protection Act 2001 (Qld)

In the lead-up to the March 2012 Queensland state election, the LNP announced that, if elected to government, it would, amongst other things, remove the Aboriginal tradition and Torres Strait Islander custom exemption from the Animal Care and Protection Act 2001 (Qld), with the aim of protecting dugongs and turtles.  The exemption means that Aborigines and Torres Strait Islanders undertaking traditional hunting and fishing are not liable to a penalty if they are cruel to an animal.   The Bligh Labor Government, if it had been re-elected, had intended to address issues arising from the exemption through education rather than legislative change.    

The issue of the inhumane killing of turtles and dugongs by indigenous hunters was brought to the fore in March 2012 by a story on 7:30 on the ABC.  In the segment, covertly obtained footage of a turtle being butchered before it died and a dugong being towed to its death behind a boat was shown.  Following the airing of the report, the Bligh Government instigated an investigation “into claims … about cruelty to turtles and dugongs and illegal poaching in far north Queensland”.  The investigation was jointly conducted by the then Department of Environment and Resource Management (DERM) (looking into the allegations of poaching) and the then Department of Employment, Economic Development and Innovation (DEEDI) (looking at the cruelty aspect).    

Gift cards on the national agenda - an update

It has been estimated that Australians purchase about $1.5 billion worth of gift cards annually.

Despite their popularity, gift cards have increasingly been the subject of complaints in recent years.  Common consumer concerns relate to:

·    expiry dates (a November 2010 survey by consumer advocate group, Choice, found that:

·    almost all gift cards Choice looked at expired after only one year;

·    of the survey participants, three out of four reported buying or receiving a gift card in the previous year but more than half of those reported that their card expired before they were able to use its full value);

·    at the time of the survey only one retailer, Bunnings, offered a gift card with no expiry date);

·    what happens to gift cards when the issuing business ceases to trade, and

·    who should pocket the interest that accumulates on unredeemed gift cards. 

It is also often the case that, if the full amount of a gift card is not used, consumers will not receive cash change for the remaining balance, leading to concerns about card issuers reaping windfall profits.

In addition, the terms and conditions for gift cards vary significantly between retailers, and consumers are not always provided with a copy of these prior to purchase. 

Cost of Living: Car Registration Fees

In Queensland, motor vehicle registration fees consist of three components:

(a) a base registration fee;

(b) a traffic improvement fee; and

(c) a compulsory third party (CTP) insurance charge. 

The Queensland Government receives the revenue generated by the base registration fee and the traffic improvement fee.  It does not receive the revenue from the third component as the CTP insurance premiums go directly to the nominated insurance provider.

Freeze on Car Registration Fees

During its 2012 election campaign, the LNP made a commitment to freeze family car registration for three years.  The LNP said that this proposal is intended to ease the cost of living for Queensland families by saving them $15 to $20 a year. 

Proposed Amendments to the Queensland Public Advocate’s Powers

The Newman Queensland Government announced on 23 April 2012 that it had commenced drafting amendments to the Guardianship and Administration Act 2000 (Qld) to increase the powers of the Public Advocate.

Queensland’s Public Advocate is an independent statutory officer responsible for systemic advocacy on behalf of adults with impaired decision-making capacity.  This position differs from that of another independent statutory officer, the Adult Guardian, who primarily acts to protect the rights and interests of adults with impaired capacity. 

The Queensland Law Reform Commission’s (QLRC) 2009 A Review of Queensland’s Guardianship Laws Discussion Paper (Discussion Paper) noted (Volume 2, p 194):

Although the guardianship legislation in all other Australian jurisdictions establishes a body with similar functions and powers to the Queensland Adult Guardian, … no other Australian jurisdiction includes, as part of its guardianship system, a body [like the Queensland Office of Public Advocate] with the sole function of systemic advocacy ... 

Regulation of Bikie Gangs

In August 2009, when the Queensland Parliamentary Library published a Research Brief entitled Regulating Bikie Gangs (RBR No 2009/18), a number of Australian jurisdictions, including Queensland, were responding to a perceived increase in motorcycle club (‘bikie gang’) related violence through targeted policing operations and/or legislation.  A similar situation has again arisen and many of the issues discussed in the Brief remain relevant.  

Recent months have seen an escalation of bikie gang related violence, particularly in New South Wales and Queensland.  An incident which has gained significant media coverage, community unease and strong police and Government reaction was the shooting at Robina Shopping Town on the Gold Coast in late April 2012, resulting in the wounding of a bikie gang member and an innocent 53 year old female shopper.

Exhibited Animals in Queensland

The exhibited animals industry comprises “zoos, aquariums, circuses and petting zoos, as well as animals used by magicians and in mobile demonstrations”.  According to the former Department of Primary Industries and Fisheries (DPIF), animal welfare, public safety and pest potential are the main areas of risk involved in keeping animals for exhibition.

A review of the Queensland legislation pertaining to exhibited animals was instigated following the (former) Service Delivery and Performance Commission’s identification, in 2007, of shortfalls in the legislative regime.  The DPIF released the Exhibited Animals Discussion Paper (Discussion Paper) in 2008.  Submissions closed on 30 January 2009.  The legislative review remains under consideration.  

Queensland Retail Lease Legislation Review

The Department of Justice and Attorney-General (DJAG) is currently conducting a statutory review of the Retail Shop Leases Act 1994 (Qld) and the Retail Shop Leases Regulation 2006 (Qld) to determine whether their provisions remain appropriate.  The review is due to be completed by June 2012.

  

Workplace Bullying

The Work Health and Safety Act 2011 (Qld) (the Qld Act) commenced on 1 January 2012, implementing the national Model Work Health and Safety Act (Model Act) released by Safe Work Australia in November 2010.  Legislation implementing the Model Act also commenced on 1 January 2012 in New South Wales, the Australian Capital Territory, the Northern Territory and the Commonwealth but other jurisdictions are yet to pass legislation.  The new laws were discussed in the Queensland Parliamentary Library’s Research Brief (2011/17).The Qld Act is supported by the Work Health and Safety Regulation 2011 (Qld), a National Compliance and Enforcement Policy and model Codes of Practice.

e-Waste

Electronic waste, more generally known as e-waste, is one of the fastest growing waste streams in Australia and throughout the world.  Computers, televisions, printers, photocopiers and mobile phones that have reached end-of-life through being obsolete or broken are all examples of e-waste. 

To date, there has been little recycling of e-waste in Australia so most ends up in landfill where toxins in the e-waste, such as arsenic, cadmium and mercury, may leach out and contaminate the surrounding soil or groundwater and potentially cause health problems.

Many countries, including Australia, the United States, Japan and parts of Canada and Europe, have chosen to address the problem of e-waste through product stewardship. 

Recreational Diving and Snorkelling Industry Safety

The recreational diving and snorkelling sector contributes around $1.4 billion to the Queensland economy annually and is an important part of State tourism.  Most recreational diving and snorkelling occurs in far north Queensland and the Whitsundays and attracts mostly people under 35 years old.  The majority have not participated in the activity before. 

While the rate of incidents involving participants in recreational diving and snorkelling in Queensland is said to be low, fatalities have occurred.  Diving and snorkelling carry risks like drowning and pressure injuries.  Medical conditions and lack of fitness and inexperience may contribute to these outcomes.  There were 81 fatalities during operator organised activities between 1998 and 2010.  Work Health Safety Queensland (WHSQ) data indicates that most deaths are caused by a cardiac event or an event associated with an underlying heart condition – mainly in men over 50 undertaking snorkelling activities.  Two well publicised incidents in Queensland were the 1998 disappearance of a US couple who were left behind by a dive operator during a dive near Port Douglas and the stranding of a tourist near Cairns in 2011 who swam to another boat for help.  In 2004, a US resort diver died snorkelling alone back to the boat.

Kilojoule Counts on Menu Boards

In 2011, the Bligh Government proposed that Queensland follow the lead of New South Wales (NSW) and the Australian Capital Territory (ACT) to legislate for the display of the energy content of food and drinks on the menu boards of certain fast food outlets. 

A key impetus for Australian governments to legislate the display of kilojoule counts is the growing level of obesity in the population (see for example, comments by the Queensland Health Minister, Hon Geoff Wilson MP, and former New South Wales Premier, Hon Kristina Keneally MP).  It is hoped that consumers will make healthier food choices if provided with information about the energy content of fast food and a typical person’s energy needs.

Sentencing double jeopardy

In very broad terms, the principle of double jeopardy is said to protect a person from being twice placed in jeopardy of conviction or punishment for the same matter.  When applied in the context of sentencing, it refers to the anxiety and stress presumed to be involved in being re-sentenced.

The origin of the use of the phrase “double jeopardy” to describe the situation faced by a defendant when the Crown appeals against sentence is usually ascribed to the 1979 Federal Court decision in R v Tait (1979) 46 FLR 386 while the development of the common law principle in the Australian context is said to owe much to sentencing jurisprudence developed by the High Court: for an historical overview, see Director of Public Prosecutions v Karazisis [2010] VSCA 350. 

New offence for dangerous management of a dog

On 1 December 2011, the Hon P Lucas MP, Attorney-General, Minister for Local Government and Special Minister of State, introduced the Law Reform Amendment Bill 2011 (Qld) into the Queensland Parliament. 

A key objective of this Bill is the introduction of a specific new offence into the Criminal Code of dangerous management of a dog resulting in the death or grievous bodily harm of a person through an attack (proposed new s 334A).  A person responsible for such a dog will be liable to a maximum penalty of 10 years’ imprisonment. 

The Bill provides that a person ‘manages a dog dangerously’ if he or she manages a dog in a way that is dangerous having regard to all the circumstances, including, for example:

• the age, size and strength of the dog;
• the past conduct of the dog, its training and temperament;
• the current medical and physical condition of the dog;
• whether the restraint of the dog was appropriate in all the circumstances;
• for the use of a dog to protect persons or premises – whether the use of the dog is appropriate in all the circumstances;
• for a person who has control of the dog and who permits someone else to have actual custody of the dog – all the circumstances in which this happens, including, for example:
• the choice of the other person;
• the conditions on which custody is permitted or allowed; and
• the information and instructions provided to the other person.