Government fails to comply with law in relation to the Breach Bail Go to Jail law

The Premier, Police Minister and the Youth  Justice Minister should immediately justify why they have not complied  with Qld Parliament’s post Fitzgerald law relating to consultation before the  Breach Bail Go to Jail law was introduced into Parliament yesterday.

QCCL Vice President , Terry O’Gorman , said that under the heading “Consultation”, in the Explanatory Notes to the new law all that appears is the sentence:
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 “The development of the reforms  set out in the Bill have been informed by consultation.”

“ The Qld Government has deliberately evaded its legal obligations under one of the main Fitzgerald reforms, namely s23 of the Legislative Standards Act 1992[Qld] which was one of the earliest and most important Fitzgerald parliamentary reforms, “ Mr. O’Gorman said.

“ This section provides that the State  Government  must outline in a Bill introduced into parliament “ the extent to which consultation was carried in relation to the Bill, “ Mr.O’Gorman said .  ( See s23(1) (g)  of the Legislative Standards Act.)

Mr.O’Gorman said that the effect of this Act  is not just to indicate that some form of consultation has occurred.

“ Parliament back in 1992 when implementing this important Fitzgerald reforms set out that parliament is required to be told the detail and extent of consultation in relation to the Bill itself before it was introduced into Parliament,” Mr. O’Gorman said.

“ The material  provided under the heading ‘ Consultation’  in the Breach Bail law is woefully inadequate and represents another  Crisafulli government snub of the Fitzgerald good governance model,” Mr. O’Gorman said.

Mr. O’Gorman said that the Premier’s recent comment that consultation would occur at the Committee stage is completely contrary to the provisions of the Legislative Standards  Act.

“ Parliamentary Committee examination of this Bill  is not a substitute for pre Bill introduction consultation as such consultation, when carried out correctly in accordance with the Cabinet Handbook, gives legal and  youth justice groups an opportunity to identify unintended consequences, practical difficulties, legal problems and alternative approaches before the government settled this new legislation,” Mr.O’Gorman said.

Mr. O’ Gorman said the Committee process rarely if ever changes the format and detail of a Bill. It simply gives groups submitting to the Committee an opportunity to comment  on government policy which is set in concrete which the government dominated Committee has no ability, desire or power to change.

“ The Premier  said on 5/7/26  when announcing the new bail laws that consultation will occur. The QCCL has not been consulted  despite writing to the relevant  Minister weeks ago nor apparently have other legal groups according to the ‘Consultation’ heading in relation to what the Premier and other senior Ministers said yesterday in parliament are the most stringent bail laws in the country .” Mr.O’Gorman said.

Mr.O’Gorman said the government talking apparently  only to its North Qld members and allied victims groups who actually proposed the new law without consulting  with legal and youth justice groups  is a farcical misuse of the concept of consultation.