Civics in Queensland
Policy and legislation in a unicameral system
Ultimately the best defence against unjustified encroachments on civil liberties is an active and informed electorate. Queensland’s unicameral system means that new laws can be passed more efficiently, but this comes at the cost of the additional scrutiny or oversight usually provided by a Senate or Upper House of Parliament. It is therefore important that citizens take an active role in the democratic process to enhance government accountability - and luckily there are often many opportunities for members of the public to get involved in the democratic process.
The information on this page is designed to assist Queenslanders to understand common policy and legislation development processes in Queensland, and provide the tools for citizens to get involved themselves.
How does policy and legislation get developed in Queensland?
New policy can be developed in a multitude of ways in Queensland. For example, it may have its genesis in:
A reaction to a particular event in the community;
Requests and proposals made by lobbyists or other interest groups;
Recommendations made by an Independent Statutory Review or Commission of Inquiry;
Recommendations made by the Queensland Law Reform Commission or Australian Law Reform Commission; or
Policy work carried out by dedicated policy teams within specific government Departments or Agencies.
Once the need for legislative change has been established, new laws are proposed in the form of a bill. Most bills are introduced by the current government, but independent or non-government Members of Parliament may also introduce bills. These are referred to as ‘Private Member Bills.’
When government is proposing to introduce a new law, generally the process is handled by policy teams within each government Department who work on behalf of the relevant Minister. Before a bill can be drafted, a Minister must receive authority from Cabinet to prepare a bill. Once this is received, the policy team works with the Office of the Queensland Parliamentary Counsel to draft a bill. The OQPC is responsible for drafting new laws and publishing these laws on the Queensland Legisltion website. More information about the functions and activities of the OQPC can be found on their website.
Once a bill has been drafted, a Minister must rececieve authority from Cabinet to introduce the bill into Parliament. When a bill is introduced, the parliamentary process begins. There are seven stages of the parliamentary process for creating new law:
Presentation, explanatory speech, and first reading
The Minister presents the bill to the House and tables a copy of the bill, Explanatory Notes, and Statement of Compatibility with Human Rights. The Explanatory Notes and Statement of Compatibility provide insight into why the bill was considered necessary, and how it is intended to play out in practice. The Minister then nominates a Parliamentary Committee to examine the bill. The Minister delivers a speech (known as the Explanatory Speech) explaining principles and policies underpinning the bill. The short title of the bill is read a first time.Committee consideration
The nominated Committee considers the bill and has up to six months to prepare a report on that bill, unless there is a resolution by the House or by the Committee of the Legislative Assembly that the time period be altered. The inquiry process may also involve the Committee seeking further clarification from the Minister (or their Department) or MP that developed the bill to explain certain aspects of the bill, or highlighting key issues with particular measures.Committee Report
Committee Reports provide a further overview of the likely impacts and effects of the bill, and contain recommendations about whether or not the Bill should be passed, along with suggestions for amendments. The Committee tables its Report, and the bill is placed on the Notice Paper for the second reading debate.
Second reading
The Minister moves that the bill be read a second time. The minister then has an opportunity to speak to the bill and also to the Committee Report. The Shadow Minister responds. The second reading debate continues with contributions from government and non-government members. The minister concludes the second reading debate. After agreement is reached that the bill be given a second reading, the Clerk reads the short title of the bill a second time.Consideration-in-detail
The Legislative Assembly debates the clauses of the bill. Amendments may be moved at this time. The Speaker or Deputy Speaker usually presides from the Table of the House.Third reading
The Clerk reads the short title for a third and final time. The long title of the bill is agreed to.Royal assent
Two copies of the bill are presented to the Governor by the Clerk of the Parliament for Royal Assent. Upon assent, the bill becomes an Act of Parliament, and the Act becomes law.
When do I get to have a say?
There may be multiple opportunities to participate in consultation during the process of policy and legislative development. Most of the time, these opportunities take the form of an opportunity to write written submissions. Sometimes - though rarely - a policy review procs
Generally speaking, Independent Statutory Reviews, Commissions of Inquiry and Law Reform Commissions invite submissions from the public as part of their information gathering process. This is often the best opportunity for members of the public to make submissions, as this is the stage of policy development where all ideas are considered, and the seeds for comprehensive reform can be sewed. When Reports are provided to government following one of these review or inquiry processes, the government generally releases a Response which indicates which of the recommendations it accepts, and the steps it commits to take to implement those recommendations.
Sometimes – though less frequently – a Department or Agency may release a consultation draft of a policy proposal in its early stage, or an ‘exposure draft’ of a bill prior to it being introduced to Parliament. Consultation processes at this stage of the policy development cycle are usually focussed on the operational details of proposed legislation, and are unlikely to result in the government substantially or significantly changing its overall policy direction. However, it is important to highlight any potential unintended consequences of proposals at this stage, as amendments are often easier to make before the parliamentary process begins.
A list of currently open reviews and consultation processes can be found at the links below:
In addition to submissions made during policy and legislative development, Parliamentary Committees also accept submissions during the process of reviewing a proposed bill. At this stage of the process, scrutiny of legislation is directed to understand the likely impacts of the bill, along with matters such as its compatibility with human rights, and whether it accords with fundamental legislative principles. A Committee Inquiry is the last opportunity for public consultation before Parliament ultimately decides whether or not to pass a bill.
A list of currently open inquiries (including inquiries into matters other than proposed legislation) is available at:
How do I write an effective submission?
Generally, there is no required or even generally accepted format for submissions made during policy processes. This provides flexibility for differing bodies to provide feedback in a way that suits their expertise. However, the following tips are provided to help interested citizens write effective submissions:
Write in plain English, and use a neutral tone. Submissions that are written in fragmented sentences, entirely in dot points, or that use strong language are not likely to be given serious weight during policy and legislative development processes. The most effective submissions provide reasoned arguments, don’t try to use overly technical language where it is not required, and avoid overly emotive or strong language.
Read any available consultation material. Most consultation processes are accompanied by material such as Discussion Papers or Issues Papers which are designed to help potential submitters understand what issues and themes are of most interest to the people running the consultation process. Consultation material often also includes specific questions for consideration. Reading and understanding this material before writing a submission can help you to organise your ideas more effectively. The more closely you can align your submission to the consultation material, the more likely it will be given serious consideration.
Consider framing your submission with reference to Fundamental Legislative Principles, or Human Rights Compatibility. New legisltion should be drafted in accordance with the Legislative Standards Act 1990 and should be compatible with human rights within the meaning of the Human Rights Act 2019. Accordingly, linking your concerns to concepts within this legislation will help your arguments to be understood and appropriately prioritised.
Provide practical examples or research to back up your arguments. Policy and legislation development is not just about deciding what the law should be: it also has to work in practice. Some policy proposals may come with unintended consequences that are obvious to people with lived or professional experience in a given area of law, but which may be missed or underappreciated by policy development teams. If you think this is the case with a proposed law or policy, referring to relevant research or practical examples can help to convey your concerns.
Share your personal experiences, but don’t use the submission process as though it were a review process. If you have a relevant personal experience you would like to share about how a law currently operates, tell your story in a way that provides sufficient information about your experience to enable the person reading your submission to understand what you say went wrong and what solutions may have been helpful. Be mindful that submissions made without requests for confidentiality may be published publicly: if you would not like your submission to be made public, consider including a clear request for the submission to be treated confidentially at the start of your submission. Remember that policy development processes are not a substitute for review or appeal avenues, and people who receive submissions are not in a position to intervene in individual cases. Submissions that seek intervention in individual cases can often lose credibility. If you are uncertain about what legal options might be open to you to resolve a particular problem, we strongly suggest seeking independent legal advice. You can find legal assistance through the Queensland Law Society, or by contacting your local Community Legal Centre.