Mr PERRETT (Gympie—LNP) (6.48 pm): I rise to speak on the Justice Legislation (COVID-19
Emergency Response—Permanency) Amendment Bill 2021. This bill seeks to provide permanency to
several temporary measures which were introduced to streamline government practices during the
COVID emergency. They cover issues such as electronic signatures on certain legal documents or
witnessing over video links, measures regarding filing applications and appearances at domestic and
family violence proceedings, the authorisation of the sale of liquor, and lease reforms. I note that the
committee has made five recommendations for additional reforms or seeking clarification.
In our increasingly digitised world, the way we do business and operate without being physically
present is clearly changing. Some of the temporary measures embrace these new practices and help
streamline procedures by bringing systems into the 21st century. While it is anticipated they will help
save time and money and give greater access to justice, it is important to always remember that there
are many in the community who do not have access to electronic means and still do business with hard
copies.
This bill proposes changes to the making, signing and witnessing of certain documents. It will
allow for electronic signing and witnessing via video link for documents such as affidavits, statutory
declarations, general powers of attorney for businesses, deeds, and particular mortgages. As part of
an advance health directive, it will also allow nurse practitioners, in addition to doctors, to sign a
certificate stating that the person making the document appears to have capacity. The Australian
Medical Association advised caution in allowing nurses to sign advance health directives.
Following examination of these proposals, the committee has made some additional
recommendations. It recommends that the minister in the second reading speech explain the benefits
of utilising regulations to determine standards of accepted methods of electronic signatures.
Submissions from the Queensland Law Society and legal stakeholders also raised issues with the
signing of deeds, and the committee has called for the consideration of further reforms.
Recommendation 3 proposes reforms to address the execution of deeds by the state, and
recommendation 4 proposes they be considered by partnerships in cases where an individual is not
appointed by a deed. Ms Karla Fraser, partner at the large commercial law firm Allens, advised the
committee of a recent situation where ‘… other parties were able to sign a deed electronically under the
Regulations, the Queensland government did not.’ She said, ‘There is no reason why governments
should not be able to sign documents electronically.’ If we are introducing a system where individuals,
businesses and industry stakeholders can sign electronically, we should not preclude governments.
Another reform in this bill streamlines domestic and family violence proceedings. While it
proposes to permanently keep some measures from last year, they are narrow in scope and are only
available in urgent cases. The bill will allow for domestic and family violence matters to be heard via
video or audio link. The operation of alternative verification processes for temporary protection orders and electronic filing was approved by the principal registrar. It is important that victims are supported
and protected from further trauma in legal proceedings. Where technology can protect victims from
coming face to face with perpetrators and facilitate keeping a distance from them that can only be a
positive change. This is why the LNP supports this reform.
Reforms to the provision of liquor are also narrower in scope than those introduced under the
emergency provisions. Under the emergency provisions, 2.25 litres are allowed to be sold via takeaway
or a delivery meal. That equates to three bottles of wine or a sixpack of beer, cider or premixed drinks.
This bill limits the quantity and type of alcohol. It will reduce the quantity to 1.5 litres of wine with the
condition it must be sold with a full meal and not snacks. While the explanatory notes state that the
amendments are ‘anticipated to deliver tangible public benefit by reflecting contemporary food service
standards and changing customer expectations’, industry stakeholders say it will disadvantage an
already hurting sector.
Among those opposed are the Restaurant & Catering Association of Australia, Spirits and
Cocktails Australia, Independent Brewers Association, independent cafes and restaurants, Scenic Rim
Brewery, White Brick Brewing, and the Chamber of Commerce & Industry Queensland. The COVID
pandemic meant that many businesses have had to change the way they operate just to stay afloat.
The Restaurant & Catering Association of Australia said it has ‘drastically and permanently changed
the face of the hospitality industry.’ The sector has had to deal with government lockdowns—sometimes
at short notice—mandates about patron numbers and the loss of potential customers from interstate
while still trying to stay viable.
Some of those changes include the sale of takeaway alcohol, which has become an important
source of revenue. The hospitality industry has been hit hard. The Restaurant & Catering Association
of Australia represents 8,354 businesses in Queensland. Those businesses employ 112,000 people. It
submitted—
The removal of beer and RTDs … as well as the cap at only a 1.5 litre bottle of wine will have a devastating effect on an already hurting industry.
It makes no sense to limit the alcohol to wine. The committee has made two recommendations
regarding the service of alcohol. In recommendation 5 the minister has been asked to consider allowing
the option of additional alcohol types to be sold with a takeaway meal. It proposes the inclusion of beer,
cider or premixed drinks in addition to wine. Recommendation 6 has called for clarification from the
minister about measures to support the responsible service of alcohol by restaurants and cafes which
sell it with takeaway meals.
The lease reforms concern commercial and retail leases. The department advises—
As well as preserving any rent relief arrangements under the Leases Regulations, the amendment will allow the Queensland
Small Business Commissioner to continue to provide mediation services in respect of eligible lease disputes until such time as
the permanent statutory officer of the QSBC is established.
For almost 18 months we have been subject to claims of an emergency to justify the government
grabbing greater powers and the introduction of emergency legislation. They should be used in only the
most stringent circumstances and reviewed with the tightest time frames and not used to bypass
parliamentary oversight. Emergency legislation is not a substitute for proper legislation. I do not oppose
the bill.
