In the lead-up to the 2024 state election, the Queensland Law Society has developed a Call to Parties Statement (CTP) to:
- Outline the key issues of concern to the Queensland legal profession and;
- Seek the commitment of the various political parties and independent candidates to reforms for the betterment of the Queensland community.
What is ‘good’ law?
The development of good law and policy is a hallmark of a robust democracy. The Society advocates for meaningful consultation and sufficient scrutiny of law and policy by all stakeholders and the Legislative Assembly.
Topic one of the CTP addresses ‘Making good law that serves the public good’.
These calls highlight that good law:
- Is evidence based and not reactionary
- Protects and promotes Australia’s human rights obligations and
- Reflects the principles that underpin the rule of law
These fundamental principles inform the Society’s advocacy and long-standing policy positions.
How can members of parliament support the development of good law with ‘good consultation’?
QLS has called on the next State Government to commit to the increase of parliamentary committee reporting timeframes for parliamentary committee reports to ensure a minimum public consultation period of six weeks for written submissions.
The CTP also makes specific calls to ensure the bills and statutory instruments are consistent with the fundamental legislative principles in the Legislative Standards Act 1992 and are compatible with human rights in accordance with the Human Rights Act 2019.
This aligns with the QLS Policy Statement on Human Rights, which reaffirms the Society’s commitment to upholding human rights and the rule of law.
QLS has also called for urgent changes in how the government implements policies and laws affecting Aboriginal and Torres Strait Islander Peoples.
To advance the Path to Treaty process, it is crucial that government actions are grounded in genuine, culturally appropriate dialogue. This involves consulting with the right community members to speak on behalf of their community and ensuring contributors are financially compensated for their time and expertise.
Good consultation should reflect culturally safe and respectful engagement, not only with Aboriginal and Torres Strait Islander communities but also with culturally and linguistically diverse groups.
A legal system which reflects the rule of law and enhances access to justice
To promote the development of good law that serves the public good, the CTP also calls for a commitment to:
- Refrain from abrogating the right to claim self-incrimination privilege (including derivative evidence) and review existing instances to determine the appropriateness of any such abrogation.
- Fund a comprehensive and strategic review of Queensland’s civil justice system to identify opportunities for increased efficiency and enhance access to justice.1
- Conduct an academic review of existing legislation to assess the powers of entry, investigation and seizure of evidence conferred on authorised persons, including local governments, statutory agencies and departmental officers to assess whether the powers are proportionate, reasonable and appropriate.
QLS has a long history of advocating for good law and sufficient scrutiny of law and policy through submissions to government seeking legislative and policy reform which will have a positive impact for both the legal profession and the Queensland community.
View the QLS submission webpage here.
Members are invited to review the Call to Parties statement here. The Queensland state election will be held on 26 October 2024.
Footnotes
1 https://www.qlsproctor.com.au/2021/12/a-roadmap-for-access-to-civil-justice/
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