In lieu of mandatory sentencing, Queensland Law Society supports visible policing, proven to prevent crime, educating the public about sentencing and ensuring adequate court resourcing. The Society will continue to advocate on this issue.
Workers’ compensation scheme
Recent statements about reforming Queensland’s workers’ compensation scheme saw Queensland Law Society provide a detailed submission to government stating support for the current scheme. The Society stated that, on examining the scheme’s fi nancial sustainability, fairness and contribution to safer workplaces, the Queensland scheme was the best in Australia, however more needed to be done to reduce the rates of injury through regulatory activity, education and incentives. Favourable features of the scheme are detailed below.
Sustainability
The sustainability of the Queensland scheme is due to its short tail nature (where claims are dealt with quickly and are brought to fi nality as soon as is fair and practical), principally through its unrestricted access to common law. This brings fi nality to claims and avoids inculcating a ‘welfare mentality’ among claimants. The Society observed the trend that long tail liability schemes have higher premium levels or signifi cant unfunded liabilities due to the length of time payments are made (that is, the ‘long tail’) and the eff ects of infl ation over that period.
Fairness
In terms of fairness, the scheme’s common law process provides a check on unmeritorious claims while also deterring employers from engaging in negligent workplace practice. It also aims to place an injured worker back in the position they would have been in but for the injury occurring. In addition to common law, a statutory benefi ts process provides a period of support while the worker is assisted to recover from his or her injuries and is rehabilitated back into meaningful employment.
The fairness of the Queensland scheme is played out in its results. The scheme consistently has lower
disputation rates than other state’s schemes (3 per cent in 2009/10 compared to 9.7 per cent in Victoria) and disputes are resolved more quickly than in other schemes (81.6 per cent of disputes are resolved within 3 months, compared to 10 per cent in Comcare, 45.3 per cent in New South Wales and 47.8 per cent in Victoria). This reduces costs to the scheme, claimants and employers.
Safer work places
Serious injury rates are the one area in which Queensland falls behind other states. Injury rates have been improving but are still higher than in New South Wales and substantially higher than in Victoria. However, the current combined return to work rate in Queensland of 98.6 per cent for 2011/12 is exemplary and will fl ow through to lower rates of common law claims.
The Society is strongly of the view that more needs to be done in Queensland to reduce the rates of injury, through:
• greater emphasis on eff ective workplace health and safety through regulatory activity, education and awareness; and
• employers being fi nancially incentivised to improve systems, reduce the number of injuries and promote good return-to-work outcomes through premium reductions and benefi ts. Early and meaningful return to work is a prime dissuader of common law claims.
Examining these successes, the Society advocated there is no justifi cation for structural change to the current workers’ compensation scheme.
Surrogacy Act changes a miscarriage of justice
Queensland Law Society (QLS) highlighted two major issues with proposed changes to the Surrogacy Act 2010 – signifi cant legislative inconsistencies and discrimination.
The changes included redefi ning ‘intended parent and couple’ to refuse access to surrogacy arrangements for same-sex couples, single people and those who have been in a de facto relationship for less than two years.
The Society publicly argued that the proposed changes to the Surrogacy Act could put people in a catch-22 situation with the state and federal laws contradicting each other. In addition, they allowed the government to set diff erent rules for diff erent people and discriminate in a way that businesses and individuals in our society may not.
QLS recommended no change to the state’s current surrogacy law.
Pakistan President entreated to ensure lawyers respected
On 6 July the Society wrote to the President of Pakistan, leveraging QLS’ close relationship with LAWASIA, regarding threats to the life of Asma Jahangir. Ms Jahangir is a leading human rights lawyer, who had worked as the United Nations Special Rapporteur on Freedom of Religion or Belief, was the founder of Pakistan’s Human Rights Commission and the fi rst woman president of Pakistan’s Supreme Court Bar Association. She claimed Pakistan’s Inter Services Intelligence agency had hired an assassin to kill her.
In response to these claims, QLS’ letter reinforced the United Nations Basic Principles of the Role of Lawyers including that lawyers are able to freely perform their professional functions without intimidation, hindrance, harassment or improper interference. The Society is keeping a watching brief on this issue.
Thank you to other states
Queensland Law Society sends a heartfelt thank you to the Law Society of South Australia and the ACT Law Society for their support on the issue of 17-year-olds in Queensland prisons, and for requesting the Queensland Attorney-General to address the issue.
Queensland is the only Australian state where 17-year-olds are exposed to the adult, not youth, justice system. Apart from the practice of exposing young people to serious criminal elements, it also puts Australia in breach of its United Nations obligations regarding the rights of children.
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