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weekly hansard - Queensland Parliament - Queensland Government

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2576 Constitutional and Other Legislation Amendment Bill 23 Aug 2005<br />

work force. What has not changed is that they are still a family-run operation and a business that<br />

supports Logan. I thank them for this service.<br />

There have been approximately 19,000 more passengers since the changes. There has been a<br />

30 per cent increase in patronage on buses in Logan. The Logan City Bus Service moves around<br />

200,000 people a month. That is more than the number of people who live in Logan City. This<br />

government will continue to keep monitoring and reviewing bus routes to ensure better transport<br />

outcomes for Logan. As the member for Springwood, I give this guarantee to constituents: I will continue<br />

to represent their views and ideas for public transport. I will make sure those views and ideas are fed to<br />

TransLink in order to continue to implement successful changes and improvements.<br />

CONSTITUTIONAL AND OTHER LEGISLATION AMENDMENT BILL<br />

First Reading<br />

Hon. PD BEATTIE (Brisbane Central—ALP) (Premier and Treasurer) (12.39 pm): I present a bill<br />

for an act to amend the Constitution of <strong>Queensland</strong> 2001, the <strong>Parliament</strong> of <strong>Queensland</strong> Act 2001 and<br />

the Commission for Children and Young People and Child Guardian Act 2000, and for other purposes. I<br />

present the explanatory notes, and I move—<br />

That the bill be now read a first time.<br />

Motion agreed to.<br />

Second Reading<br />

Hon. PD BEATTIE (Brisbane Central—ALP) (Premier and Treasurer) (12.40 pm): I move—<br />

That the bill be now read a second time.<br />

Today we are seeing the culmination of several years of detailed examination of issues of<br />

constitutional reform in <strong>Queensland</strong>, dating back to the <strong>Queensland</strong> Constitutional Review Commission<br />

which I established in 1999.<br />

I am pleased to introduce the Constitutional and Other Legislation Amendment Bill 2005. The<br />

bill amends the Constitution of <strong>Queensland</strong> 2001 and the <strong>Parliament</strong> of <strong>Queensland</strong> Act 2001 to give<br />

effect to the government’s response to the Legal, Constitutional and Administrative Review Committee’s<br />

reports Nos 36, 41 and 42. My government tabled its response to these three reports on 27 April 2004.<br />

There were 11 recommendations that were accepted which required amendment of the Constitution of<br />

<strong>Queensland</strong> 2001 and a total of three recommendations requiring amendment of the <strong>Parliament</strong> of<br />

<strong>Queensland</strong> Act 2001.<br />

I now turn to the bill. The bill is largely modelled on the government’s tabled response.<br />

Specifically, the bill clarifies constitutional conventions relating to the functions of the Executive Council,<br />

the Governor’s rights and powers, and the appointment and dismissal of the Premier and ministers. This<br />

includes following the Commonwealth model for the appointment of executive councillors. This provision<br />

will also be linked to the Commonwealth policy for use of the title of ‘The Honourable’. We have not<br />

followed the Commonwealth model before; we now will.<br />

The bill provides the option for members of the Legislative Assembly, ministers and judges to<br />

make an oath or affirmation of allegiance to the Crown. It requires the Legislative Assembly to meet<br />

soon after a general election, which is pretty obvious I would have thought but, nevertheless, needed. It<br />

clarifies the role of the parliamentary secretaries; expressly includes the retirement age of judges and<br />

formalises the process by which judges may be removed from office; extends the objects of the statutory<br />

committees of the Legislative Assembly to include extending democratic government and the<br />

transparency of public administration; extends the Legal, Constitutional and Administrative Review<br />

Committee’s area of responsibility regarding legal reform to include considering whether <strong>Queensland</strong><br />

law has sufficient regard to Aboriginal tradition and Torres Strait Islander custom; implements the<br />

government’s response to the Members’ Ethics and <strong>Parliament</strong>ary Privileges Committee report No. 64<br />

regarding members transacting business with the state; and clarifies the definition of ‘state’ under the<br />

Constitution, as it relates to a department’s authority to engage in commercial activities.<br />

The bill removes section 9(3) of the <strong>Parliament</strong> of <strong>Queensland</strong> Act, which allows documents<br />

tabled, submitted or presented to the Assembly, a committee or an inquiry, which were brought into<br />

existence for another purpose, to be impeached or questioned in relation to that other purpose, if the<br />

Assembly or committee has authorised its disclosure. The provision was intended to address concerns<br />

that witnesses could potentially table documents in committee proceedings, and attract parliamentary<br />

privilege, which may later be relied upon in criminal court proceedings. This section may give rise to an<br />

unintended consequence that parliamentary privilege may not apply to documents under section<br />

9(2)(d). The possibility of the exemption being used is low and does not justify the exception to<br />

fundamental principles of parliamentary privilege.

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