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Identification Laws Amendment Bill 2013 Identification Laws Amendment Bill 2013 Report No. 49 Legal Affairs and Community Safety Committee February 2014 Legal Affairs and Community Safety Committee Chair Mr Ian Berry MP, Member for Ipswich Deputy Chair Mr Peter Wellington MP, Member for Nicklin Members Miss Verity Barton MP, Member for Broadwater Mr Bill Byrne MP, Member for Rockhampton Mr Sean Choat MP, Member for Ipswich West Mr Aaron Dillaway MP, Member for Bulimba Mr Trevor Watts MP, Member for Toowoomba North Staff Mr Brook Hastie, Research Director Mrs Ali Jarro, Principal Research Officer Ms Kelli Longworth, Principal Research Officer Ms Kellie Moule, Principal Research Officer Mr Greg Thomson, Principal Research Officer Mrs Gail Easton, Executive Assistant Technical Scrutiny Mr Peter Rogers, Acting Research Director Secretariat Mr Karl Holden, Principal Research Officer Ms Tamara Vitale, Executive Assistant Contact details Legal Affairs and Community Safety Committee Parliament House George Street Brisbane Qld 4000 Telephone +61 7 3406 7307 Fax +61 7 3406 7070 Email [email protected] Web www.parliament.qld.gov.au/lacsc Identification Laws Amendment Bill 2013 Contents Abbreviations iv Chair’s foreword v Recommendations vi 1. Introduction 1 1.1 Role of the Committee 1 1.2 Referral 1 1.3 Inquiry process 1 1.4 Policy objectives of the Identification Laws Amendment Bill 2013 2 1.5 Consultation on the Bill 2 2. Examination of the Identification Laws Amendment Bill 2013 3 2.1 Policy reasons for the Bill 3 2.2 Comparable laws 3 2.3 Terms used in the Bill 4 2.4 Discrimination concerns 4 2.5 Request by Police to confirm identity 6 2.6 Witnessing requirements 8 2.7 Entry to secure buildings 10 2.8 Should the Bill be passed? 11 3. Fundamental legislative principles 12 3.1 Rights and liberties of individuals 12 3.2 Institution of Parliament 12 Appendix A – List of Submissions 14 Dissenting Report 15 Legal Affairs and Community Safety Committee iii Abbreviations Identification Laws Amendment Bill 2013 Abbreviations ALHR Australian Lawyers for Human Rights Attorney-General The Honourable Jarrod Bleijie MP, Attorney-General and Minister for Justice Bill Identification Laws Amendment Bill 2013 Committee Legal Affairs and Community Safety Committee CMC Crime and Misconduct Commission Queensland Department Department of Justice and Attorney-General Former Legal Affairs, Police, Corrective Services and Emergency Services Committee Committee OIC Office of the Information Commissioner 2011 Bill Identification Laws Amendment Bill 2011 (Lapsed) iv Legal Affairs and Community Safety Committee Identification Laws Amendment Bill 2013 Chair’s foreword Chair’s foreword This Report presents a summary of the Legal Affairs and Community Safety Committee’s examination of the Identification Laws Amendment Bill 2013. The Committee’s task was to consider the policy outcomes to be achieved by the legislation, as well as the application of fundamental legislative principles – that is, to consider whether the Bill had sufficient regard to the rights and liberties of individuals, and to the institution of Parliament. On behalf of the Committee, I thank those individuals and organisations who lodged written submissions on this Bill. I commend this Report to the House. Ian Berry MP Chair Legal Affairs and Community Safety Committee v Recommendations Identification Laws Amendment Bill 2013 Recommendations Recommendation 1 10 The Committee recommends the Attorney-General and Minister for Justice, through the Justices of the Peace branch of the Department of Justice and Attorney-General – review the resource material available to JPs and C.Decs to address the cultural issues discussed in this Report and make any amendments considered necessary to address any deficiencies. Recommendation 2 11 The Committee recommends the Identification Laws Amendment Bill 2013 not be passed. vi Legal Affairs and Community Safety Committee Identification Laws Amendment Bill 2013 Introduction 1. Introduction 1.1 Role of the Committee The Legal Affairs and Community Safety Committee (Committee) is a portfolio committee of the Legislative Assembly which commenced on 18 May 2012 under the Parliament of Queensland Act 2001 and the Standing Rules and Orders of the Legislative Assembly.1 The Committee’s primary areas of responsibility include: • Department of Justice and Attorney-General; • Queensland Police Service; and • Department of Community Safety. Section 93(1) of the Parliament of Queensland Act 2001 provides that a portfolio committee is responsible for examining each bill and item of subordinate legislation in its portfolio areas to consider: • the policy to be given effect by the legislation; • the application of fundamental legislative principles; and • for subordinate legislation – its lawfulness. 1.2 Referral The Identification Laws Amendment Bill 2013 (Bill) is a Private Members’ Bill introduced into the Legislative Assembly by the Member for Nicklin, Mr Peter Wellington MP and referred to the Committee on 8 August 2013. As no reporting date was fixed by the Legislative Assembly or Committee of the Legislative Assembly, in accordance with the Standing Order 136(1), the Committee was required the Committee to report back to the Legislative Assembly by 10 February 2014. 1.3 Inquiry process To assist with its examination of the Bill, the Committee wrote to Mr Wellington MP inviting further comments from him on the Bill. The Committee also identified and consulted with likely stakeholders on the Bill and wrote to the Premier seeking his assistance in coordinating a whole of Government submission on the Bill. The Committee received written advice from Mr Wellington MP and received three submissions from stakeholders and members of the general public (see Appendix A). The Premier advised the Committee the Government would not be providing a submission on the Bill.2 1 Parliament of Queensland Act 2001, section 88 and Standing Order 194. 2 Letter from the Honourable Campbell Newman MP, Premier of Queensland, 15 October 2013. Legal Affairs and Community Safety Committee 1 Introduction Identification Laws Amendment Bill 2013 1.4 Policy objectives of the Identification Laws Amendment Bill 2013 The general policy objective of the Bill is to enable persons in a position of responsibility (such as lawyers, Justices of the Peace or Commissioners for Declarations) to lawfully require that a person removes any face coverings so that the person’s face can be seen in order to identify that person. The Acts amended to achieve this aim are as follows: • Corrective Services Act 2006; • Oaths Act 1867; • Police Powers and Responsibilities Act 2000; • State Buildings Protective Security Act 1983; and • Youth Justice Act 1992. As explained by the Member for Nicklin in his introductory speech, the Bill has been drafted in response to events in New South Wales where a burqa-wearing woman, Carnita Matthews, had a charge of making a false statement dismissed because there was no evidence to prove that it had been her behind the burqa.3 The Bill is not however specifically directed at any particular face covering and as suggested by the Member for Nicklin would apply equally to anything that is used to cover a person’s face and hide their identity, including such things as a Darth Vader mask.4 1.5 Consultation on the Bill As set out in the Explanatory Notes, the Bill is modelled on a New South Wales law, and is identical to an earlier Bill which was introduced into the Queensland Parliament by the Member for Nicklin in 2011 (2011 Bill). The 2011 Bill was referred to the then Legal Affairs, Police, Corrective Services and Emergency Services Committee and submissions were sought from stakeholders. Six submissions were received. Due to the dissolution of the 53rd Parliament, the 2011 Bill lapsed prior to the Committee reporting. Prior consultation also occurred with the Office of the Information Commissioner (OIC) due to the privacy implications associated with the Bill. The Privacy Commission provided a submission to the Committee on this Bill which is referred to later in this Report. 3 Record of Proceedings (Hansard), 8 August 2013, page 2531. 4 Record of Proceedings (Hansard), 8 August 2013, page 2531. 2 Legal Affairs and Community Safety Committee Identification Laws Amendment Bill 2013 Examination of the Bill 2. Examination of the Identification Laws Amendment Bill 2013 This section discusses issues raised during the Committee’s examination of the Bill. 2.1 Policy reasons for the Bill As set out in part one of this report, the policy reasons for the Bill are straightforward. The Bill is designed to enable persons in a position of responsibility to lawfully require that a person removes any face coverings so that the person’s face can be seen in order to identify that person. While the Bill amends five separate pieces of legislation, it will apply in three main situations: 1. When a police officer uses their power to demand to see photo identification or require a person’s name or address; 2. When a person makes a declaration or swears/affirms and affidavit before a qualified witness; and 3. When a person enters a secure building, such as a court complex, a corrective services facility or a youth detention centre.5 2.2 Comparable laws The provisions in the Bill are based on similar laws which are currently in force in both New South Wales6 (from November 2011) and the Australian Capital Territory7 (from April 2012). The NSW Act applies generally to police officers providing them with the power to require removal of face coverings for identification purposes, while the ACT legislation is limited to the exercise of functions under the ACT’s road transport laws and related drug and alcohol testing laws. The Committee notes the Criminal Investigation (Identifying People) Amendment Act 2013 (WA) was also recently passed by the Western Australian Parliament in November 2013. The WA Act similarly applies to police officers only, empowering them to require a person to remove headwear for identification purposes.
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