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.