QUEENSLAND Queensland Law Society
MAR–MAY 2012
and other Queensland Government agencies, the Organisation must not advocate for State or Federal legislative change. The Organisation must also not include links on their website to other organisations’ websites that advocate for State or Federal legislative change.”
Queensland Law Society regularly advocates on a range of issues to both the state and federal government, to help ensure proposed changes to legislation can be practically applied and are just and benefi cial to the Queensland legal profession and community. Below is a selection of recent issues that may interest practitioners within and beyond the Sunshine State.
State budget 2012-13 highlights
The Queensland government’s budget, released 11 September 2012, delivered both savings and cost increases across the state’s legal sector including:
• changes to court diversion programs and referrals that aim to produce savings of $5 million for government;
• an increase in Titles lodgement fees by $15;
• introduction of a $15,000 First Home Owners Construction Grant and phasing out of the existing First Home Owners Grant;
• increases to coal royalties;
• an increase in the top marginal rate for transfer duty; and
• Legal Aid Queensland also expects to increase fees to private lawyers for sessional duty lawyer services and domestic violence grants of aid by 10 per cent.
Queensland Law Society is waiting on the fi ner detail of these proposed changes to communicate to members and educate the community.
Gag clauses a choke
Recently, Queensland media published an extract from a funding contract signed with the state government that stated:
”Where the Organisation receives 50 per cent or more of its total funding from Queensland Health
Queensland Law Society fi nds this extremely concerning both from a freedom of speech perspective and the impracticality of the government refusing to hear community organisations who are at the coalface of service provision. These bodies have the professional know-how and practical experience to intelligently inform government policy, propose legislative reform and identify service effi ciencies.
The Society hopes the government rethinks its approach and views funding recipients as trusted organisations that have a great role to play in contributing to, and improving, community services.
Mandatory sentencing
Queensland Law Society has frequently spoken out against proposals by the Queensland Government to introduce mandatory sentencing for several criminal off ences.
There are a number of negative consequences that arise from such schemes including:
• increased costs to taxpayers;
• the judicial system becomes clogged with cases;
• increased stress for victims and their families;
• deliberate circumvention of the system;
• removal of sentencing discretion from the judiciary and the ability to ensure a just individual outcome; and
• lack of community benefi t.
Queensland Law Society is concerned at the rapid succession of mandatory sentencing Bills being introduced into parliament, including mandatory sentencing for the murder of a police offi cer and for two-strike child sex off ences. The Society remains watchful for future legislative changes and the potential for a domino eff ect in other states and territories.
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