A better way for Queensland LaOOP ;

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1 Tim Mulherin telephone: address: 16 Peel St South Brisbane Qld 4101 web: abetterwayforqld.com.au 1 8 JAN 2015 Ref: C/15/7 428 Mr James Farrell Director Queensland Association of Independent Legal Services PO Box 119 STONES CORNER QLD 4020 Dear Mr Farrell Thank you for the which you sent to all members of the Queensland Parliament asking political parties to commit to sensible, achievable and important actions to address a number of issues, being: Access to justice; Domestic and family violence; Vulnerable young people; and People with mental health issues and intellectual disability. Whilst you have invited members of the public to address their queries to individual candidates on the issues of concern to you and have not asked for a response to be provided by the Opposition directly to QAILS, I have taken the liberty of responding to your on behalf of the Labor Opposition to outline the policies to be implemented by a future Labor Government. I will address each of the areas of concern individually. 1. Access to Justice Experience has indicated that non-legal agencies such as community organisations, NGOs and religious and charitable organisations are the most common 'gateway' in identifying a need for legal services. Many community legal centres have developed links with related organisations so that strong referral pathways are in place. This means that services are integrated to meet the needs of vulnerable Queenslanders. Some CLCs have even co-located with complementary services to allow easy access to related service providers. QAILS and the individual CLCs are to be congratulated for their innovative and flexible approach to service delivery. A better way for Queensland LaOOP ; AutiiOrisctl A Chislrolm 16 Peel Strcd Soutlr Brislumc Q/d 4101 for tire Austrclliau Labor Party.

2 Another of the important contributions made by a growing number of community legal centres has been their comprehensive and informed submissions to the Committees of the Parliament on Bills introduced into the Parliament, or inquiries conducted by the Committees on important law reform issues. The Labor Opposition was extremely concerned when the Attorney-General included a clause in all community legal centre funding agreements that restricted engagement in advocacy activities in relation to law reform issues. Of more concern was the inclusion in the Justice and Other legislation Amendment Bill 2014 (JOLAB) of a provision to amend section 289 of the Legal Profession Act 2007 to remove one of the purposes for which the Chief Executive may make payments from the Fidelity Fund. Clause 80 of the Bill purported to remove section 289(1 )(h), which provided: (h) grants approved by the Minister for any of the following purposes (i) the advancement of law reform; (ii) the collection, assessment and dissemination of information concerning legal education, the law, the legal system, law reform, the legal profession and legal services; (iii) facilitating access to the legal system, legal information and education and legal services for members of the community, particularly economically or socially disadvantaged members of the community; (iii) is then reinserted into the Act. This amendment sought to legislatively enshrine the prohibition on community legal centres using government funding to advance law reform. The JOLAB had not been debated before the Parliament was prorogued on 5 January 2015, so the Bill has now lapsed. If elected to government at the general election to be held later this month, Labor will not reintroduce a provision such as clause 80 of JOLAB. A future Labor Government will also immediately act to remove existing clauses in community legal centre contracts that restrict engagement in advocacy activities for law reform purposes, and will not impose such restrictions in future contracts. 2. Domestic and Family Violence On 22 May 2014 the Member for lnala and Leader of the Opposition, Han. Annastacia Palaszczuk MP, introduced the Domestic and Family Violence Protection and Other Legislation Amendment Bill 2014 into the Queensland Parliament. The objective of the Bill was to make various amendments to increase penalties for offenders who commit breaches of domestic and family violence orders, and to provide financial and practical support for victims of domestic and family violence. The objective of the Bill was to amend: the Domestic and Family Violence Protection Act 2012 to increase the penalties for offenders who breach domestic violence orders, protection

3 notices or release conditions for offenders where that breach involves acts of physical violence; the Evidence Act 1977 to make admissible evidence of the history of domestic violence in a court proceeding where the offender and victim are involved in a domestic or family relationship; the Penalties and Sentences Act 1992 to change the sentencing guidelines to provide that where offences involve domestic or family violence, that is to be considered an aggravating factor at sentencing. Offenders will not be able to successfully argue that the fact that the act of violence was committed in a domestic or family relationship as a mitigating factor in any sentence of the court. If the offender can satisfy the court that they were previously the victim of the offender in an abusive domestic relationship, the court will not be required to apply the circumstance of aggravation when sentencing the offender; the Victims of Crime Assistance Act 2009 to ensure that the fundamental principles of fair and dignified treatment, privacy and information to victims applies to victims of domestic violence, and that all victims of domestic violence, including non-criminal domestic violence, can obtain assistance under the victims of crime assistance scheme. Despite the submissions made on the Bill being overwhelmingly supportive of the amendments, the Legal Affairs and Community Safety Committee Report recommended that the Bill not be passed. Again, as the Bill had not been debated before the Parliament was prorogued, the Bill has lapsed, but it will be reintroduced by a future Labor Government. The Labor Opposition has also been participating in the Queensland Domestic and Family Violence Taskforce, which is a bipartisan committee established by the Premier to enquire into domestic violence in Queensland. That committee, not being a committee of the Parliament, has not dissolved with the dissolution of the Parliament, and its work will be ongoing into the term of the next Parliament. A future Labor government will consider the recommendations of the Taskforce, and implement strategies to tackle the rising incidence of domestic violence in Queensland. Labor in opposition has also highlighted the massive increase in breaches of domestic violence orders that have occurred under the Newman LNP Government. In 2011, there were 10,702 incidents of breach of a domestic violence protection order. That has risen, in 2014, to 15,800. Despite this increase, the LNP has not introduced any measures to tackle this problem, and the LNP-dominated committee recommended that the Private Member's Bill introduced by the Leader of the Opposition be opposed. 3. Vulnerable Young People A future Labor Government will provide a youth justice system that responds to young people appropriately, including their individual circumstances, development status and cultural background. The amendments contained in the Youth Justice and Other Legislation Amendment Bill 2013 were strenuously opposed by the Labor Opposition. Labor in government will remove those

4 provisions that significantly changed the philosophical approach to juvenile justice in Queensland. A future Labor Government will repeal the amendments made to the Youth Justice Act 1992 so that: repeat offenders' identifying information cannot be published, other than in exceptional circumstances and at the court's discretion breach of bail is no longer an offence all children's law matters are held in closed court childhood findings of guilt for which no conviction was recorded are inadmissible in relation to adult offences the principle of detention as a last resort is reinstated 17 -year-olds who have six months or more left to serve in detention are not automatically transferred from detention to adult corrective services facilities Labor will also reinstate the court-ordered youth justice conferencing that was abolished by the Newman Government in its first budget. Since this was abolished, figures also indicate that police referred youth justice conferencing rates have also declined, meaning more young people are being dealt with formally in the criminal justice system. During debate of the Youth Justice amendments on 18 March 2014, the Member for Rockhampton outlined Labor's position in relation to the inclusion of 17-yearolds in the youth justice system. He said: 'The presence of 17-year-olds in adult prisons has been a controversial topic in Queensland for many years. The Opposition acknowledges the concerns raised by various groups through the committee process... we are examining ways for a future Labor Government to resolve this issue and bring Queensland into line with the rest of the country.... The presence of 17-yearolds in adult prisons is highly controversial, and Labor will be moving from that position over time.' Labor in government will certainly look at ways of resolving this issue with a view to implementing this objective. Labor in opposition has also been vocal about the government's policy of boot camps for sentenced offenders. Research from all over the world has indicated that this is an ineffective method of rehabilitation of juvenile offenders. Early intervention models, where at-risk youth are identified and provided with appropriate counselling and assistance to get their life back on track, is a much more effective way of ensuring they don't enter the criminal justice system. 4. People with Mental Health Issues or Intellectual Disability Labor has shown a commitment to people with mental health issues or intellectual disability in the justice system. The Special Circumstances Court was a highly effective mechanism for assisting these vulnerable people to access the

5 services that would assist them in their day-to-day living requirements, and to eliminate the factors that often lead to offending behaviour. The Labor opposition was appalled when the Newman Government, with the stroke of a pen, abolished the Special Circumstances Court, together with the Drug Court, the Murri Court, the Queensland Indigenous Alcohol Diversion Program and youth justice conferencing. Labor has pledged to reintroduce these diversionary courts and programs, so that where appropriate people can be diverted from the criminal justice system to the services they need to help address their offending behaviour. Increased imprisonment rates are being heralded by the LNP Government as an indicator of success as they make Queensland a safer place for families. Labor considers that this is an indicator of failure of policy, which sees more people offending, and therefore more people who are victims of crime. The two go hand in hand. Overall crime rates in Queensland have risen significantly in Queensland since the Newman Government came to office. Manipulation of statistics, where certain offences are singled out and commented on by government members does not change the fact that overall, crime is up. Thank you for sending the Labor Opposition members of Parliament your QAILS call to parties: 2015 Queensland election. I trust this information will be of some assistance to you and to your members and supporters. Yours sincerely Hon Tim Mulherin MP Deputy Leader of the Opposition