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(Further Extension of Expiring Provisions) Amendment Bill 2021 Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 Report No. 11, 57th Parliament Economics and Governance Committee August 2021 Economics and Governance Committee Chair Mr Linus Power MP, Member for Logan Deputy Chair Mr Ray Stevens MP, Member for Mermaid Beach Members Mr Michael Crandon MP, Member for Coomera Mrs Melissa McMahon MP, Member for Macalister Mr Daniel Purdie MP, Member for Ninderry Mr Adrian Tantari MP, Member for Hervey Bay Committee Secretariat Telephone +61 7 3553 6637 Fax +61 7 3553 6699 Email [email protected] Technical Scrutiny +61 7 3553 6601 Secretariat Committee webpage www.parliament.qld.gov.au/EGC Acknowledgements The committee acknowledges the assistance provided by Queensland Health. All web address references were current as at 31 July 2021. Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 Contents Abbreviations iii Chair’s foreword vi Recommendation vii 1 Introduction 1 1.1 Role of the committee 1 1.2 Inquiry referral and background 1 1.3 Inquiry process 2 1.4 Government consultation on the Bill 3 1.5 Should the Bill be passed? 4 2 Background 5 3 Extension of COVID-19 emergency measures 9 3.1 Overall stakeholder views 9 3.2 Public health response measures 13 3.2.1 Isolation and quarantine directions 17 3.2.2 Contract tracing and the use of QR code readers 21 3.3 Other COVID-19 emergency measures 24 3.3.1 Support for flexible business operations 24 3.3.2 Amendments relating to requirements for attendance, meetings and documents 28 3.3.3 Body corporate and related amendments 31 3.3.4 COVID-safe elections 35 4 Changes to quarantine system arrangements 36 4.1 Electronic service of quarantine directions 36 4.1.1 Stakeholder views 36 4.1.2 The department’s response 37 4.2 Prepayment system for quarantine fees 38 4.2.1 Stakeholder views 40 4.2.2 The department’s response 41 5 Compliance with the Legislative Standards Act 1992 42 5.1 Fundamental legislative principles 42 5.1.1 Quarantine prepayment system provisions 42 5.1.2 Penalty provisions 45 5.1.3 Extended COVID-19 emergency measures – restrictions on ordinary activities 47 5.1.4 Extended COVID-19 emergency powers – delegation to authorised officers (exercise of administrative powers) 51 5.1.5 Extended COVID-19 emergency powers – delegation of legislative power 53 5.1.6 Extended COVID-19 emergency measures – powers of entry 55 5.1.7 Immunity provisions 56 5.1.8 Takeaway liquor authority provisions 57 5.1.9 Extended COVID-19 emergency measures – amendment of an Act only by another Act 59 Economics and Governance Committee i Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 6 Compliance with the Human Rights Act 2019 62 6.1 Human rights compatibility 62 6.1.1 Human rights considerations 63 6.1.2 Precautionary principle 70 6.2 Statement of compatibility 72 Appendix A – Submitters 73 Appendix B – Officials at public departmental briefing 86 Appendix C – Witnesses at public hearing 87 Appendix D – COVID-19 measures extended by the Bill (by administering department) 88 Appendix E – COVID-19 measures not extended by the Bill (by administering department) 97 Statement of Reservation 98 ii Economics and Governance Committee Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 Abbreviations ALA Australian Lawyers Alliance ALC Australian Logistics Council Amendment Act Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020 Bill Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 CCC Crime and Corruption Commission CHO Chief Health Officer CLA Committee of the Legislative Assembly Committee Economics and Governance Committee Declared Public Health (Declared Public Health Emergencies) Amendment Act 2020 Emergencies Act Disaster Disaster Management Act 2003 Management Act Documents and Justice Legislation (COVID-19 Emergency Response—Documents and Oaths) Oaths Regulation Regulation 2020 ECQ Electoral Commission of Queensland Electoral Act Electoral Act 1992 Environmental Environmental Protection Act 1994 Protection Act ER Act COVID-19 Emergency Response Act 2020 ER Extension Act COVID-19 Emergency Response and Other Legislation Amendment Act 2020 ER Further COVID-19 Emergency Response and Other Legislation Amendment Act 2021 Extension Act ER Further COVID-19 Emergency Response and Other Legislation Amendment Bill 2021 Extension Bill FLP Notebook Officer of the Queensland Parliamentary Counsel, OQPC Notebook: Fundamental Legislative Principles, January 2008 FLPs fundamental legislative principles Economics and Governance Committee iii Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 Former Health Health, Communities, Disability Services and Domestic and Family Violence Committee Prevention Committee Gaming Machine Gaming Machine Act 1991 Act HRA Human Rights Act 2019 Justice Justice Legislation (COVID-19 Emergency Response—Proceedings and Other Legislation Matters) Regulation 2020 Regulation KCCI Kingaroy Chamber of Commerce and Industry Inc. LGEA Local Government Electoral Act 2011 Liquor Act Liquor Act 1992 LSA Legislative Standards Act 1992 Manufactured Manufactured Homes (Residential Parks) Act 2003 Homes Act Manufactured Manufactured Homes (Residential Parks) (COVID-19 Emergency Response) Homes Regulation 2020 Regulation Minister Hon Yvette D’Ath MP, Minister for Health and Ambulance Services OQPC Office of the Queensland Parliamentary Counsel PH Emergency Public Health and Other Legislation (Public Health Emergency) Amendment Act Act 2020 PH Emergency Public Health and Other Legislation (Extension of Expiring Provisions) Extension Act Amendment Act 2021 PH Emergency Public Health and Other Legislation (Extension of Expiring Provisions) Extension Bill Amendment Bill 2021 POQA Parliament of Queensland Act 2001 Public Health Act Public Health Act 2005 QCCL Queensland Council for Civil Liberties QHA Queensland Hotels Association QHRC Queensland Human Rights Commission QLA Queensland Law Society QNMU Queensland Nurses and Midwives Union iv Economics and Governance Committee Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 QPCOU Queensland Police Commissioner Officers’ Union QPS Queensland Police Service RANZCP Royal Australian and New Zealand College of Psychiatrists Queensland Branch Queensland Branch RSA Responsible Service of Alcohol Standing Orders Standing Rules and Orders of the Legislative Assembly TLA Takeaway Liquor Authority TUL temporary use licence UNHRC United Nations Human Rights Committee WHO World Health Organisation Economics and Governance Committee v Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 Chair’s foreword This report presents a summary of the Economics and Governance Committee’s examination of the Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021. The committee’s task was to consider the policy to be achieved by the legislation and the application of fundamental legislative principles – that is, to consider whether the Bill has sufficient regard to the rights and liberties of individuals, and to the institution of Parliament. The committee also examined the Bill for compatibility with human rights, in accordance with the Human Rights Act 2019. On behalf of the committee, I thank the many individuals and organisations who made written submissions on the Bill, and those who provided evidence at the committee’s public hearing. I also thank Queensland Health and our Parliamentary Service staff for their assistance. I commend this report to the House. Linus Power MP Chair vi Economics and Governance Committee Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 Recommendation Recommendation 1 4 The committee recommends the Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 be passed. Economics and Governance Committee vii Public Health and Other Legislation (Further Extension of Expiring Provisions) Amendment Bill 2021 1 Introduction 1.1 Role of the committee The Economics and Governance Committee (committee) is a portfolio committee of the Legislative Assembly which commenced on 26 November 2020 under the Parliament of Queensland Act 2001 and the Standing Rules and Orders of the Legislative Assembly (Standing Orders).1 The committee’s primary areas of responsibility are: • Premier and Cabinet, and Trade • Treasury and Investment • Tourism Industry Development, Innovation and Sport. The committee is responsible for examining each bill in its portfolio areas to consider the policy to be given effect by the legislation, the application of fundamental legislative principles (FLPs), and the compatibility of the legislation with the Human Rights Act 2019 (HRA).2 1.2 Inquiry referral and background On 16 June 2021, the Public Health and other Legislation (Further Extension of Expiring Provisions) Bill 2021 (Bill) was introduced into the Legislative Assembly by the Hon Yvette D’Ath MP, Minister for Health and Ambulance Services (Minister). On 18 June 2021, the Bill was referred to the committee for detailed examination and report to the Assembly by 6 August 2021.3 The policy objectives of the Bill are to: • further extend the operation of a range of temporary legislative measures implemented
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