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1 total messages Started by Garry R. Ford Wed, 10 Jun 1998 00:00
Qld Coalition - Law and Justice Policy
#8
Author: Garry R. Ford
Date: Wed, 10 Jun 1998 00:00
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                             -17-


           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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