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Started by Garry R. Ford
Wed, 10 Jun 1998 00:00
Qld Coalition - Law and Justice Policy
Author: Garry R. Ford
Date: Wed, 10 Jun 1998 00:00
Date: Wed, 10 Jun 1998 00:00
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NATIONAL PARTY OF AUSTRALIA (QUEENSLAND)
LIBERAL PARTY OF AUSTRALIA (QUEENSLAND DIVISION)
(the �Coalition�)
LAW AND JUSTICE POLICY
INTRODUCTION
Three years ago the Coalition committed itself to the clear and
fundamental responsibility of providing a safe community in
which people can live and provide services throughout the
State.
Our initiatives over the past two years have sought to achieve
those objectives. At the same time we have pursued policies
designed to ensure a just and fair society in which individuals
are able to pursue their own goals and objectives according to
law.
The Coalition has honoured its commitment to update the
Criminal Code by increasing certain maximum sentences and
introducing a number of new offences including those designed
to protect women and children. The Coalition�s amendments to
the Penalties and Sentences Act are designed to ensure serious
violent offenders pay for their crimes. No longer will jail be
regarded as the last resort for offenders - the security of the
community will be the prime sentencing consideration.
As promised, the Coalition has appointed two additional Supreme
Court Judges (including a Far Northern Judge in Cairns), three
additional District Court Judges (including one based at
Beenleigh) and two additional magistrates.
The Coalition�s Uniform Civil Court Rules will help reduce
court delays, make judicial procedures simpler and cut court
costs. At the same time, the Coalition has increased money
available to the Director of Public Prosecutions - an
additional $3.5 million over Labor�s last budget.
The Coalition has revitalised Legal Aid arrangements in
Queensland. Legal Aid Queensland has received $25.4 million in
the last two years the Coalition has been in power - $6.4
million more than it received in the last two years of the
Labor Government.
The Coalition has sought to bring justice to remote
communities. Under Coalition laws, Justices of the Peace in
Aboriginal, Torres Strait Islander and remote communities can
now hear certain indictable offences.
Changes to the succession laws and laws Governing Powers of
Attorney have been updated to give individuals and families a
greater say in their own affairs.
Despite opposition from our opponents, the Coalition has spent
$2 million on setting up a new Anti-Discrimination Commission
Queensland with offices in Cairns, Townsville, Rockhampton and
Brisbane.
Under the Coalition, significant advances have been made in the
area of consumer affairs. New fair trading initiatives, up-to-
date land sales laws, a fresh approach to co-operatives and the
implementation of a new Consumer Credit Code are among our
principal achievements. In addition, major community education
projects, such as the Age-Wise Kit for seniors and Good
Business Guide for Queensland�s diverse range of small
businesses have been produced to improve awareness of consumer
issues.
1997 has seen significant improvements in Queensland�s Registry
of Births, Deaths and Marriages so that a greater range of
improved services can be provided.
These are just some of the achievements the Coalition has made
in two years. They provide the foundation for further advances
over the coming three years - advances which will benefit all
Queenslanders.
CONSUMERS FIRST
The Coalition is dedicated to improving the range of services
and information available to Queensland consumers and
businesses. The Coalition recognises that good business is the
best form of consumer protection and will continue to ensure
Queensland traders pursue the highest possible professional
standards and business practices, while also championing the
interests of consumers across the State.
Four of the key areas within the Coalition�s Consumer Affairs
Policy designed to stimulate an equitable and dynamic
marketplace include:
Legislation
Under the leadership of the Coalition, Queensland has been
widely acknowledged as a national leader in the field of
consumer legislation following the introduction of new laws
such as Co-operatives Act, Consumer Credit Code, Sea Carriages
Act, amendments to Queensland�s Fair Trading Act and in the
field of Trade Measurement.
The Coalition will continue in its task to significantly
improve, modernise and streamline legislation that is good for
consumers, good for business and good for all Queenslanders.
Community Education, Information and Support
The Coalition will continue to take consumerism to the people
of Queensland through community education, information and
support projects such as the Age-Wise Kit, Good Business Guide,
primary and high school education projects and shopping centre
visits.
Working in conjunction with community organisations,
neighbourhood centres and legal centres throughout the State,
the Coalition will also continue to provide funding for a wide
range of community education and advocacy projects, while
ensuring that consumer and community representatives continue
to play an active role in consumer matters and policy advice.
Over the past two years, funding totalling more than $1.2
million has been provided for a diverse range of consumer
education and training initiatives.
Consumer Safety
Despite Labor�s shameful record on consumer safety, the
Coalition will continue to ensure that Queensland mandatory
standards, particularly those relating to child safety, are
comprehensive and up-to-date. Tough new mandatory safety
standards for infants cots and disposable lighters have already
been introduced. Those goods and services failing to meet
these requirements will be quickly removed or banned from
Queensland shelves.
In addition, the Coalition will continue to liaise with
Queensland�s peak safety organisations such as KidSafe House,
and ensure that the re-established Consumer Safety Committee -
previously disbanded by the former Labor Government - continues
to provide timely, expert advice and recommendations about
consumer safety issues.
Client Services and Enforcement
The Coalition is dedicated to ensuring that all Queenslanders
whether in South-East Queensland or in regional and rural
centres have access to quality information and advice services
about business and consumer matters through local offices with
�head office� capabilities. During the Coalition�s term
regional offices at Southport, Maroochydore, Rockhampton,
Townsville and Cairns have been modernised with a state-of-the-
art computer search facility to access business name and
licensing registers, a twenty-four hour phone service, and new
public enquiries counters. To better serve the people of
regional and rural Queensland, a fully staffed and operational
office has been opened at Toowoomba.
Equally, the Coalition will continue to build on its
unparalleled enforcement record regarding Queensland�s fair
trading laws.
ASSISTED AND SUBSTITUTED DECISION MAKING
The Coalition�s pledge to improve the basic human dignities and
rights of Queensland�s capacity impaired citizens and their
families will continue under a bold new strategy to acknowledge
the vital role of family in the decision-making process.
The day-to-day affairs of thousands of capacity impaired
Queenslanders such as the elderly and intellectually disabled,
are managed by institutions such as the Public Trustee, the
Intellectually Disabled Citizens Council and the Legal Friend
under a patchwork of outdated laws.
To ensure the integral role of the family is preserved and
strengthened, the Coalition will introduce new legislation
enabling an independent tribunal to appoint a family member to
act as a substitute decision-maker for a wide range of personal
and financial decisions. This will operate in conjunction with
a newly established adult guardian to provide a framework for
security of those in our community who find their faculties
declining or at risk.
This initiative, together with additional funding to the extent
of $400,000 will complement recent improvements in this area
contained within the Powers of Attorney Act and be of
significant benefit to those in our community who approach old
age and its problems.
CORONIAL SYSTEM
The Coalition will continue its overhaul of the State�s vitally
important coronial system by establishing an Office of State
Coroner to co-ordinate all coronial activities in Queensland.
After years of neglect and inaction by Labor, the State
Coroner�s charter will be updated to include prevention of
injury and deaths as well as the traditional role of
investigating causes of death in particular circumstances.
To assist in this task a computerised database will be
established to collate statistics with the aim of identifying
State and regional trends, and highlighting any unusual
incidents of similar deaths.
Significant additional funding will be spent on establishment
costs to update Queensland�s coronial system and ensure the
interests of all Queenslanders are protected.
LEGAL AID
The provision of adequate resources for Legal Aid is vital for
the operation of the justice system.
Despite Labor�s effort to derail Queensland�s Legal Aid
arrangements, the Coalition remains committed to its growth.
DE FACTO PROPERTY RIGHTS
The Coalition is committed to the introduction of simplified
property laws and court procedures for de facto couples.
The Commonwealth�s Family Law Act covers the property rights
of married couples only.
At present de facto couples have to rely on expensive court
procedures associated with contract law, the common law and
equitable remedies. The Coalition will legislate to remedy this
situation.
INFORMATION TECHNOLOGY
The Coalition is committed to modernising and reducing the cost
of justice, while improving access to vital information about
our State�s laws through state-of-the-art technology.
After years of paralysis and mismanagement of the State�s
computerised justice management systems by the Labor Party, the
Coalition Government has been placed on the Internet.
PROPERTY CRIME
The Coalition will continue to tackle the devastating
emotional, social and financial impact of property crime on
innocent Queenslanders by modernising the law regulating
Queensland�s second hand goods industry.
While penalties for property crimes such as burglary, stealing
and break and entering have already been substantially
increased by amendments to Queensland�s Criminal Code, the
proceeds of housebreaking continue to offer an incentive to
those criminals who wilfully violate our homes and the trust of
our community.
While the Coalition has already increased the power of the
courts to deal with property offenders, expertise will now
focus upon improving the law relating to receiving and dealing
in stolen goods.
The Coalition strategy to significantly reduce the incidence of
property crime involves working in conjunction with industry
organisations and law enforcement agencies toward the
introduction of:
� Electronic record keeping through mandatory computer log-
books; and
� Daily down loading of records to the Police Service
enabling immediate cross-referencing with reported stolen
goods.
JUVENILE OFFENDERS
The Coalition introduced life sentences for juveniles who
commit the worst offences, and naming the offenders will go
hand in hand with that legislation. This ensures the public
knows that justice is being done.
In order that justice is seen to be done, the Coalition will
allow the identification of juveniles found guilty of serious
violent offences such as murder and rape.
As well, the Coalition will allow the identification of
convicted juveniles who escape from lawful custody and who are
considered to be a danger to the public. Allowing names and
photographs to be published will allow the public to assist
police and Correctional Service officers to apprehend escapees.
ORGANISED CRIME
The Crime Commission, established in 1998, is designed to
combat one of the greatest threats to society - organised
crime. However, it is important to ensure the Commission and
other law enforcement agencies have adequate tools to meet this
challenge.
The Coalition will introduce a workable definition of organised
crime into the Criminal Code and build upon the significant
amendments made to the Code in 1997.
The definition will reflect the well accepted concepts used for
convicting major drug traffickers, in that organised crime will
be the business of unlawfully engaging in criminal activity.
There will be a range of penalties, to a maximum of life, for
the most serious organised criminal activity.
STRENGTHENING OF STALKING LAWS
The Coalition will amend the stalking laws to widen the
protection for people who become targets of this unwanted and
unlawful conduct.
The Coalition�s amendments will extend the meaning of stalking
to include unlawful threats which cause people to fear for
themselves or their property. It will also include conduct
directed at individuals as members of a class of people.
The Coalition will also ensure that there are viable
alternatives to a charge of stalking, such as a lesser charge
of harassment, and that injunctions and restraining orders are
available, a breach of which would constitute an offence.
INCEST
Recently concern has been expressed regarding the lack of
alternative verdicts in incest cases. The Coalition will
ensure that alternative verdicts are available for Juries which
are trying incest cases which in reality are rape cases.
The laws concerning incest and rape will be amended to reflect
the gravity of the actions of a person found guilty so that a
Jury can substitute the appropriate offence, be that rape,
incest, or related sexual offence.
REVENGE AND REPRISALS AGAINST WITNESSES
People must be able to give evidence to a court without fear of
revenge or reprisal from the accused or the accused�s
associates. Such threats and actions strike at the heart and
confidence of our criminal justice system.
The Coalition will introduce a new law to ensure that threats
or actions against a witness who is to give evidence, or who
has given evidence, will be a criminal offence attracting a
maximum penalty of seven years imprisonment.
REFORM OF COURT PRACTICE AND PROCEDURES
Access to the legal system and a greater emphasis on speed and
efficiency within that system are critical to those seeking to
enforce their rights.
In a bold new initiative to reduce legal costs and streamline,
simplify and modernise Queensland�s court system, the Coalition
has introduced Uniform Civil Procedures Rules for all courts in
Queensland.
As well as this, the Coalition will also introduce new Criminal
Practice Rules which will govern all criminal trials.
Combined with these new procedural rules will be the
introduction of new information technology to link all courts -
Magistrates, District and Supreme - and to provide a gateway to
the information technology systems of other Government
departments, agencies (Police, Legal Aid etc) and the private
legal profession.
JUDICIAL APPOINTMENTS
Since assuming office the Coalition has appointed an additional
two judges to the Supreme Court, an additional three judges to
the District Court and an additional two magistrates.
The Coalition has already acted to locate judges in places
where there is a demonstrated need for new services (e.g. Far
Northern Judge at Cairns and the Beenleigh District Court
Judge).
Such appointments have been met with widespread approval in the
communities they serve.
During the next term the Coalition will continue this policy by
having a District Court Judge domiciled at Toowoomba. In
addition to this District Court Judge, the Coalition will
appoint at least one other judge.
CRIME PREVENTION
The reduction of crime requires the full co-operation of all
Governmental agencies as well as the general community.
The Coalition will continue to build on the foundations which
it has established by:
� Continuing research into the underlying reasons for
criminal behaviour.
� Expanding the delivery of community and court attached
mediation services to enable victims and offenders to resolve
their differences in appropriate cases.
� Co-operating with other Government agencies in the
development of Whole-of-Government programs aimed at crime
prevention and reduction.
� The extension of the successful anti-graffiti program
piloted by the Department of Justice throughout the whole of
Queensland.
� The extension of the successful victim/offender mediation
program for juvenile offenders throughout Queensland.
VICTIMS OF CRIME
The Coalition will continue to provide victims of crime with
help and assistance through:
� Up to $1 million for the extension of a Victims� Support
Service through the Office of the Director of Public
Prosecutions to persons who are involved in superior Court
prosecutions and for other services;
� The provision of effective aid and assistance to victims
of crime directed towards those services of which victims are
most in need.
� The continued funding of $1 million per annum to enable
the effective operation of organisations delivering services to
the victims of crime including the Victims Support Service.
MAGISTRATES COURT BUILDING
The Coalition will construct a new Magistrates Courts complex
in Brisbane to ensure modern, adequate and secure court
facilities.
AUTHORISED BY Ken Crooke 44 Brookes Street Bowen Hills 4006
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