{"id":"qld:act-1992-026","name":"Legislative Standards Act 1992","slug":"legislative-standards-act-1992","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"26 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104804,"registerId":"qld-act-1992-026-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Legislative Standards Act 1992 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nSchedule 1 defines particular words used in this Act.\ns 2 amd 2013 No. 39 s 65 (2)\nNote—s 2 contained definitions for this Act. Definitions are now located in schedule 1 (Dictionary). Annotations for definitions contained in s 2 are located in annotations for sch 1.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Legislative standards","content":"# Legislative standards","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act","content":"### sec.3 Purposes of Act\n\nThe purposes of this Act include ensuring that—\nQueensland legislation is of the highest standard; and\nan effective and efficient legislative drafting service is provided for Queensland legislation; and\nQueensland legislation, and information relating to Queensland legislation, is readily available.\nThe purposes are primarily to be achieved by establishing the Office of the Queensland Parliamentary Counsel with the functions set out in section 7 .\ns 3 amd 2013 No.39 39 s 66\n(sec.3-ssec.1) The purposes of this Act include ensuring that— Queensland legislation is of the highest standard; and an effective and efficient legislative drafting service is provided for Queensland legislation; and Queensland legislation, and information relating to Queensland legislation, is readily available.\n(sec.3-ssec.2) The purposes are primarily to be achieved by establishing the Office of the Queensland Parliamentary Counsel with the functions set out in section 7 .\n- (a) Queensland legislation is of the highest standard; and\n- (b) an effective and efficient legislative drafting service is provided for Queensland legislation; and\n- (c) Queensland legislation, and information relating to Queensland legislation, is readily available.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of fundamental legislative principles","content":"### sec.4 Meaning of fundamental legislative principles\n\nFor the purposes of this Act, fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law.\nUnder section 7 , a function of the Office of the Queensland Parliamentary Counsel is to advise on the application of fundamental legislative principles to proposed legislation.\nThe principles include requiring that legislation has sufficient regard to—\nrights and liberties of individuals; and\nthe institution of Parliament.\nWhether legislation has sufficient regard to rights and liberties of individuals depends on whether, for example, the legislation—\nmakes rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review; and\nis consistent with principles of natural justice; and\nallows the delegation of administrative power only in appropriate cases and to appropriate persons; and\ndoes not reverse the onus of proof in criminal proceedings without adequate justification; and\nconfers power to enter premises, and search for or seize documents or other property, only with a warrant issued by a judge or other judicial officer; and\nprovides appropriate protection against self-incrimination; and\ndoes not adversely affect rights and liberties, or impose obligations, retrospectively; and\ndoes not confer immunity from proceeding or prosecution without adequate justification; and\nprovides for the compulsory acquisition of property only with fair compensation; and\nhas sufficient regard to Aboriginal tradition and Island custom; and\nis unambiguous and drafted in a sufficiently clear and precise way.\nWhether a Bill has sufficient regard to the institution of Parliament depends on whether, for example, the Bill—\nallows the delegation of legislative power only in appropriate cases and to appropriate persons; and\nsufficiently subjects the exercise of a delegated legislative power to the scrutiny of the Legislative Assembly; and\nauthorises the amendment of an Act only by another Act.\nWhether subordinate legislation has sufficient regard to the institution of Parliament depends on whether, for example, the subordinate legislation—\nis within the power that, under an Act or subordinate legislation (the authorising law ), allows the subordinate legislation to be made; and\nis consistent with the policy objectives of the authorising law; and\ncontains only matter appropriate to subordinate legislation; and\namends statutory instruments only; and\nallows the subdelegation of a power delegated by an Act only—\nin appropriate cases and to appropriate persons; and\nif authorised by an Act.\ns 4 amd 1992 No. 68 s 3 sch 1 ; 1994 No. 83 s 8 ; 2013 No. 39 s 111 sch 4\n(sec.4-ssec.1) For the purposes of this Act, fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law. Under section 7 , a function of the Office of the Queensland Parliamentary Counsel is to advise on the application of fundamental legislative principles to proposed legislation.\n(sec.4-ssec.2) The principles include requiring that legislation has sufficient regard to— rights and liberties of individuals; and the institution of Parliament.\n(sec.4-ssec.3) Whether legislation has sufficient regard to rights and liberties of individuals depends on whether, for example, the legislation— makes rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review; and is consistent with principles of natural justice; and allows the delegation of administrative power only in appropriate cases and to appropriate persons; and does not reverse the onus of proof in criminal proceedings without adequate justification; and confers power to enter premises, and search for or seize documents or other property, only with a warrant issued by a judge or other judicial officer; and provides appropriate protection against self-incrimination; and does not adversely affect rights and liberties, or impose obligations, retrospectively; and does not confer immunity from proceeding or prosecution without adequate justification; and provides for the compulsory acquisition of property only with fair compensation; and has sufficient regard to Aboriginal tradition and Island custom; and is unambiguous and drafted in a sufficiently clear and precise way.\n(sec.4-ssec.4) Whether a Bill has sufficient regard to the institution of Parliament depends on whether, for example, the Bill— allows the delegation of legislative power only in appropriate cases and to appropriate persons; and sufficiently subjects the exercise of a delegated legislative power to the scrutiny of the Legislative Assembly; and authorises the amendment of an Act only by another Act.\n(sec.4-ssec.5) Whether subordinate legislation has sufficient regard to the institution of Parliament depends on whether, for example, the subordinate legislation— is within the power that, under an Act or subordinate legislation (the authorising law ), allows the subordinate legislation to be made; and is consistent with the policy objectives of the authorising law; and contains only matter appropriate to subordinate legislation; and amends statutory instruments only; and allows the subdelegation of a power delegated by an Act only— in appropriate cases and to appropriate persons; and if authorised by an Act.\n- (a) rights and liberties of individuals; and\n- (b) the institution of Parliament.\n- (a) makes rights and liberties, or obligations, dependent on administrative power only if the power is sufficiently defined and subject to appropriate review; and\n- (b) is consistent with principles of natural justice; and\n- (c) allows the delegation of administrative power only in appropriate cases and to appropriate persons; and\n- (d) does not reverse the onus of proof in criminal proceedings without adequate justification; and\n- (e) confers power to enter premises, and search for or seize documents or other property, only with a warrant issued by a judge or other judicial officer; and\n- (f) provides appropriate protection against self-incrimination; and\n- (g) does not adversely affect rights and liberties, or impose obligations, retrospectively; and\n- (h) does not confer immunity from proceeding or prosecution without adequate justification; and\n- (i) provides for the compulsory acquisition of property only with fair compensation; and\n- (j) has sufficient regard to Aboriginal tradition and Island custom; and\n- (k) is unambiguous and drafted in a sufficiently clear and precise way.\n- (a) allows the delegation of legislative power only in appropriate cases and to appropriate persons; and\n- (b) sufficiently subjects the exercise of a delegated legislative power to the scrutiny of the Legislative Assembly; and\n- (c) authorises the amendment of an Act only by another Act.\n- (a) is within the power that, under an Act or subordinate legislation (the authorising law ), allows the subordinate legislation to be made; and\n- (b) is consistent with the policy objectives of the authorising law; and\n- (c) contains only matter appropriate to subordinate legislation; and\n- (d) amends statutory instruments only; and\n- (e) allows the subdelegation of a power delegated by an Act only— (i) in appropriate cases and to appropriate persons; and (ii) if authorised by an Act.\n- (i) in appropriate cases and to appropriate persons; and\n- (ii) if authorised by an Act.\n- (i) in appropriate cases and to appropriate persons; and\n- (ii) if authorised by an Act.","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Office of the Queensland Parliamentary Counsel","content":"# Office of the Queensland Parliamentary Counsel","sortOrder":6},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"The Queensland Parliamentary Counsel and office","content":"### sec.5 The Queensland Parliamentary Counsel and office\n\nThere is to be a Queensland Parliamentary Counsel.\nAn office called the Office of the Queensland Parliamentary Counsel is established.\nThe office consists of the parliamentary counsel and the staff of the office.\ns 5 amd 2013 No. 39 s 111 sch 4\n(sec.5-ssec.1) There is to be a Queensland Parliamentary Counsel.\n(sec.5-ssec.2) An office called the Office of the Queensland Parliamentary Counsel is established.\n(sec.5-ssec.3) The office consists of the parliamentary counsel and the staff of the office.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Control of office","content":"### sec.6 Control of office\n\nSubject to the Minister, the parliamentary counsel is to control the office.\nSubsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring that the office is supplied with the administrative support services that it requires to carry out its functions effectively and efficiently.\ns 6 amd 2013 No. 39 s 111 sch 4\n(sec.6-ssec.1) Subject to the Minister, the parliamentary counsel is to control the office.\n(sec.6-ssec.2) Subsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring that the office is supplied with the administrative support services that it requires to carry out its functions effectively and efficiently.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Functions of office","content":"### sec.7 Functions of office\n\nThe functions of the office are to—\ndraft all government Bills and, on request, proposed Bills for government entities other than departments and public service offices; and\ndraft, on request, private members’ Bills; and\ndraft all amendments of Bills for Ministers; and\ndraft, on request, amendments of Bills for other members; and\ndraft all proposed subordinate legislation (other than exempt subordinate legislation); and\ndraft, on request, other instruments for use in or in connection with the Legislative Assembly (whether or not in relation to a Bill or amendment); and\nprovide advice to Ministers and government entities on—\nalternative ways of achieving policy objectives; and\nthe application of fundamental legislative principles;\nin performing the office’s functions under paragraphs (a) , (c) , (e) and (f) ; and\nprovide advice to members on—\nalternative ways of achieving policy objectives; and\nthe application of fundamental legislative principles;\nin performing the office’s functions under paragraphs (b) , (d) and (f) ; and\nprovide advice to the Governor in Council, Ministers and government entities on the lawfulness of proposed subordinate legislation; and\nensure the Queensland statute book is of the highest standard; and\nprepare—\nreprints under the Reprints Act 1992 ; and\ninformation relating to Queensland legislation; and\nmake arrangements for the printing and publication of—\nBills; and\nQueensland legislation; and\ninformation relating to Queensland legislation; and\nmake arrangements for access, in electronic form, to—\nBills presented to the Legislative Assembly; and\nQueensland legislation; and\ninformation relating to Queensland legislation; and\nperform another function conferred on the office under this or another Act; and\nperform functions incidental to a function under another paragraph of this section.\ns 7 amd 1992 No. 68 s 3 sch 1 ; 1994 No. 83 s 9 ; 1996 No. 37 s 147 sch 2 ; 2013 No. 39 s 67\n- (a) draft all government Bills and, on request, proposed Bills for government entities other than departments and public service offices; and\n- (b) draft, on request, private members’ Bills; and\n- (c) draft all amendments of Bills for Ministers; and\n- (d) draft, on request, amendments of Bills for other members; and\n- (e) draft all proposed subordinate legislation (other than exempt subordinate legislation); and\n- (f) draft, on request, other instruments for use in or in connection with the Legislative Assembly (whether or not in relation to a Bill or amendment); and\n- (g) provide advice to Ministers and government entities on— (i) alternative ways of achieving policy objectives; and (ii) the application of fundamental legislative principles; in performing the office’s functions under paragraphs (a) , (c) , (e) and (f) ; and\n- (i) alternative ways of achieving policy objectives; and\n- (ii) the application of fundamental legislative principles;\n- (h) provide advice to members on— (i) alternative ways of achieving policy objectives; and (ii) the application of fundamental legislative principles; in performing the office’s functions under paragraphs (b) , (d) and (f) ; and\n- (i) alternative ways of achieving policy objectives; and\n- (ii) the application of fundamental legislative principles;\n- (i) provide advice to the Governor in Council, Ministers and government entities on the lawfulness of proposed subordinate legislation; and\n- (j) ensure the Queensland statute book is of the highest standard; and\n- (k) prepare— (i) reprints under the Reprints Act 1992 ; and (ii) information relating to Queensland legislation; and\n- (i) reprints under the Reprints Act 1992 ; and\n- (ii) information relating to Queensland legislation; and\n- (l) make arrangements for the printing and publication of— (i) Bills; and (ii) Queensland legislation; and (iii) information relating to Queensland legislation; and\n- (i) Bills; and\n- (ii) Queensland legislation; and\n- (iii) information relating to Queensland legislation; and\n- (m) make arrangements for access, in electronic form, to— (i) Bills presented to the Legislative Assembly; and (ii) Queensland legislation; and (iii) information relating to Queensland legislation; and\n- (i) Bills presented to the Legislative Assembly; and\n- (ii) Queensland legislation; and\n- (iii) information relating to Queensland legislation; and\n- (n) perform another function conferred on the office under this or another Act; and\n- (o) perform functions incidental to a function under another paragraph of this section.\n- (i) alternative ways of achieving policy objectives; and\n- (ii) the application of fundamental legislative principles;\n- (i) alternative ways of achieving policy objectives; and\n- (ii) the application of fundamental legislative principles;\n- (i) reprints under the Reprints Act 1992 ; and\n- (ii) information relating to Queensland legislation; and\n- (i) Bills; and\n- (ii) Queensland legislation; and\n- (iii) information relating to Queensland legislation; and\n- (i) Bills presented to the Legislative Assembly; and\n- (ii) Queensland legislation; and\n- (iii) information relating to Queensland legislation; and","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Drafting of government legislation otherwise than by office","content":"### sec.8 Drafting of government legislation otherwise than by office\n\nThe parliamentary counsel may arrange or approve the drafting of a particular government Bill or particular proposed subordinate legislation by a person who is not a member of the office’s staff.\nWhen drafting of the Bill or proposed subordinate legislation is finished, it must be submitted to the parliamentary counsel for examination to determine whether it achieves an acceptable standard of legislative drafting.\nIf the parliamentary counsel is not satisfied that the Bill or proposed subordinate legislation achieves that standard, the parliamentary counsel must advise the Minister in writing.\ns 8 amd 2013 No. 39 s 111 sch 4\n(sec.8-ssec.1) The parliamentary counsel may arrange or approve the drafting of a particular government Bill or particular proposed subordinate legislation by a person who is not a member of the office’s staff.\n(sec.8-ssec.2) When drafting of the Bill or proposed subordinate legislation is finished, it must be submitted to the parliamentary counsel for examination to determine whether it achieves an acceptable standard of legislative drafting.\n(sec.8-ssec.3) If the parliamentary counsel is not satisfied that the Bill or proposed subordinate legislation achieves that standard, the parliamentary counsel must advise the Minister in writing.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Drafting of exempt instruments","content":"### sec.9 Drafting of exempt instruments\n\nThe parliamentary counsel may issue guidelines with respect to the drafting practices that are to be observed by persons in the drafting of exempt instruments.\nWithout limiting subsection (1) , guidelines under that subsection may make provision with respect to—\nthe citation and numbering of exempt instruments; and\nthe use of gender-neutral language in exempt instruments; and\nthe application of fundamental legislative principles to exempt instruments; and\nthe drafting style used in exempt instruments.\ns 9 amd 2013 No. 39 ss 68 , 111 sch 4\n(sec.9-ssec.1) The parliamentary counsel may issue guidelines with respect to the drafting practices that are to be observed by persons in the drafting of exempt instruments.\n(sec.9-ssec.2) Without limiting subsection (1) , guidelines under that subsection may make provision with respect to— the citation and numbering of exempt instruments; and the use of gender-neutral language in exempt instruments; and the application of fundamental legislative principles to exempt instruments; and the drafting style used in exempt instruments.\n- (a) the citation and numbering of exempt instruments; and\n- (b) the use of gender-neutral language in exempt instruments; and\n- (c) the application of fundamental legislative principles to exempt instruments; and\n- (d) the drafting style used in exempt instruments.","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Application of legal professional privilege to office","content":"### sec.9A Application of legal professional privilege to office\n\nThis section applies to communications made in or for the performance of the office’s functions under section 7 (a) to (i) or a function incidental to those functions.\nConfidential communications between a client of the office, and the parliamentary counsel or any member of the office’s staff, are subject to legal professional privilege.\na Minister to whom the office provides advice on the application of fundamental legislative principles to proposed subordinate legislation drafted by the office\na member who asks the parliamentary counsel to draft a Bill, an amendment of a Bill or an instrument to be used in the Legislative Assembly\nWithout limiting subsection (2) , the communications may not be disclosed by the parliamentary counsel or a member of the office’s staff without the client’s consent.\nThis section has effect despite any other law.\ns 9A ins 1995 No. 38 s 35 sch 1\namd 2013 No. 39 s 111 sch 4\n(sec.9A-ssec.1) This section applies to communications made in or for the performance of the office’s functions under section 7 (a) to (i) or a function incidental to those functions.\n(sec.9A-ssec.2) Confidential communications between a client of the office, and the parliamentary counsel or any member of the office’s staff, are subject to legal professional privilege. a Minister to whom the office provides advice on the application of fundamental legislative principles to proposed subordinate legislation drafted by the office a member who asks the parliamentary counsel to draft a Bill, an amendment of a Bill or an instrument to be used in the Legislative Assembly\n(sec.9A-ssec.3) Without limiting subsection (2) , the communications may not be disclosed by the parliamentary counsel or a member of the office’s staff without the client’s consent.\n(sec.9A-ssec.4) This section has effect despite any other law.\n- 1 a Minister to whom the office provides advice on the application of fundamental legislative principles to proposed subordinate legislation drafted by the office\n- 2 a member who asks the parliamentary counsel to draft a Bill, an amendment of a Bill or an instrument to be used in the Legislative Assembly","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Private members’ Bills etc.","content":"### sec.10 Private members’ Bills etc.\n\nA member may request the parliamentary counsel to draft a Bill, an amendment of a Bill or an instrument to be used in the Legislative Assembly (whether or not in relation to a Bill or amendment).\nThe parliamentary counsel must comply with the request unless the parliamentary counsel considers that it would not be possible to comply with the request without significantly and adversely affecting the Government’s legislative program.\ns 10 amd 1995 No. 38 s 35 sch 1 ; 2013 No. 39 s 111 sch 4\n(sec.10-ssec.1) A member may request the parliamentary counsel to draft a Bill, an amendment of a Bill or an instrument to be used in the Legislative Assembly (whether or not in relation to a Bill or amendment).\n(sec.10-ssec.2) The parliamentary counsel must comply with the request unless the parliamentary counsel considers that it would not be possible to comply with the request without significantly and adversely affecting the Government’s legislative program.","sortOrder":14},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Authorisation relating to Queensland legislation and Bills","content":"### sec.10A Authorisation relating to Queensland legislation and Bills\n\nThe parliamentary counsel may authorise—\na reprint prepared under the Reprints Act 1992 ; or\na copy of Queensland legislation; or\na copy of a Bill introduced into, moved in, tabled in, or circulated to members of, the Legislative Assembly.\nA note that the parliamentary counsel has authorised a document mentioned in subsection (1) must appear in the document in an appropriate place.\nThe production of a document mentioned in subsection (1) purporting to have been authorised by the parliamentary counsel is, in the absence of evidence to the contrary, taken to have been authorised by the parliamentary counsel.\nSee the Evidence Act 1977 , sections 43 (h) , 46A and 47 for evidentiary provisions relating to documents authorised under subsection (1) .\ns 10A ins 2013 No. 39 s 69\n(sec.10A-ssec.1) The parliamentary counsel may authorise— a reprint prepared under the Reprints Act 1992 ; or a copy of Queensland legislation; or a copy of a Bill introduced into, moved in, tabled in, or circulated to members of, the Legislative Assembly.\n(sec.10A-ssec.2) A note that the parliamentary counsel has authorised a document mentioned in subsection (1) must appear in the document in an appropriate place.\n(sec.10A-ssec.3) The production of a document mentioned in subsection (1) purporting to have been authorised by the parliamentary counsel is, in the absence of evidence to the contrary, taken to have been authorised by the parliamentary counsel. See the Evidence Act 1977 , sections 43 (h) , 46A and 47 for evidentiary provisions relating to documents authorised under subsection (1) .\n- (a) a reprint prepared under the Reprints Act 1992 ; or\n- (b) a copy of Queensland legislation; or\n- (c) a copy of a Bill introduced into, moved in, tabled in, or circulated to members of, the Legislative Assembly.","sortOrder":15},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Staff of the office","content":"## Staff of the office","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Staff of office","content":"### sec.11 Staff of office\n\nThe staff of the office are to be employed under the Public Sector Act 2022 .\ns 11 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Duty of parliamentary counsel in relation to training","content":"### sec.12 Duty of parliamentary counsel in relation to training\n\nIt is the duty of the parliamentary counsel to ensure that the office’s staff are adequately and appropriately trained to enable the office to carry out its functions effectively and efficiently.\ns 12 amd 2013 No. 39 s 111 sch 4","sortOrder":18},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Accountability requirements","content":"## Accountability requirements","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Annual report","content":"### sec.13 Annual report\n\nThe parliamentary counsel must, not later than 4 months after the end of each financial year, prepare and give to the Minister a report on the office’s operations during the year.\nWithout limiting subsection (1) , the parliamentary counsel must include in the report—\nan outline of the office’s goals and objectives; and\nparticulars of the office’s principal activities for the year; and\nan outline of the office’s organisational structure and resources; and\nan assessment of the progress made towards achieving the purposes of this Act.\nThe Minister must cause a copy of the report to be laid before the Legislative Assembly within 14 days after the Minister receives it.\nIf, at the time the Minister would otherwise be required to lay a copy of the report before the Legislative Assembly, the Legislative Assembly is not in session or not actually sitting, the Minister must give a copy of the report to the Clerk of the Parliament.\nThe Clerk must cause a copy of the report to be laid before the Legislative Assembly on its next sitting day.\nFor the purposes of its publication, a report given to the clerk under subsection (4) is taken to have been laid before the Legislative Assembly, and to have been ordered to be published by the Legislative Assembly, when it is given to the clerk.\ns 13 amd 2003 No. 8 s 17 sch ; 2013 No. 39 s 111 sch 4\n(sec.13-ssec.1) The parliamentary counsel must, not later than 4 months after the end of each financial year, prepare and give to the Minister a report on the office’s operations during the year.\n(sec.13-ssec.2) Without limiting subsection (1) , the parliamentary counsel must include in the report— an outline of the office’s goals and objectives; and particulars of the office’s principal activities for the year; and an outline of the office’s organisational structure and resources; and an assessment of the progress made towards achieving the purposes of this Act.\n(sec.13-ssec.3) The Minister must cause a copy of the report to be laid before the Legislative Assembly within 14 days after the Minister receives it.\n(sec.13-ssec.4) If, at the time the Minister would otherwise be required to lay a copy of the report before the Legislative Assembly, the Legislative Assembly is not in session or not actually sitting, the Minister must give a copy of the report to the Clerk of the Parliament.\n(sec.13-ssec.5) The Clerk must cause a copy of the report to be laid before the Legislative Assembly on its next sitting day.\n(sec.13-ssec.6) For the purposes of its publication, a report given to the clerk under subsection (4) is taken to have been laid before the Legislative Assembly, and to have been ordered to be published by the Legislative Assembly, when it is given to the clerk.\n- (a) an outline of the office’s goals and objectives; and\n- (b) particulars of the office’s principal activities for the year; and\n- (c) an outline of the office’s organisational structure and resources; and\n- (d) an assessment of the progress made towards achieving the purposes of this Act.","sortOrder":20},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Provisions relating to the parliamentary counsel","content":"## Provisions relating to the parliamentary counsel","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Appointment of parliamentary counsel","content":"### sec.14 Appointment of parliamentary counsel\n\nThe parliamentary counsel is to be appointed by the Governor in Council.\nA person is not eligible for appointment as parliamentary counsel unless the person is a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of the State, another State or a Territory of not less than 7 years standing.\nSubject to sections 18 and 19 , the parliamentary counsel holds office for such term (not longer than 7 years) as is specified in the instrument of appointment, but is eligible for reappointment.\nThe parliamentary counsel is to be appointed under this Act, and not under the Public Sector Act 2022 .\ns 14 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2013 No. 39 s 111 sch 4 ; 2022 No. 34 s 365 sch 3\n(sec.14-ssec.1) The parliamentary counsel is to be appointed by the Governor in Council.\n(sec.14-ssec.2) A person is not eligible for appointment as parliamentary counsel unless the person is a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of the State, another State or a Territory of not less than 7 years standing.\n(sec.14-ssec.3) Subject to sections 18 and 19 , the parliamentary counsel holds office for such term (not longer than 7 years) as is specified in the instrument of appointment, but is eligible for reappointment.\n(sec.14-ssec.4) The parliamentary counsel is to be appointed under this Act, and not under the Public Sector Act 2022 .","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Terms and conditions of appointment","content":"### sec.15 Terms and conditions of appointment\n\nThe parliamentary counsel is to be paid such remuneration and allowances as are determined by the Governor in Council.\nThe parliamentary counsel holds office on such terms and conditions not provided for by this Act as are determined by the Governor in Council.\ns 15 amd 2013 No. 39 s 111 sch 4\n(sec.15-ssec.1) The parliamentary counsel is to be paid such remuneration and allowances as are determined by the Governor in Council.\n(sec.15-ssec.2) The parliamentary counsel holds office on such terms and conditions not provided for by this Act as are determined by the Governor in Council.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Preservation of rights","content":"### sec.16 Preservation of rights\n\nThis section applies if an officer of the public service is appointed as the parliamentary counsel.\nThe person retains and is entitled to all rights that have accrued to the person because of employment as such an officer, or that would accrue in the future to the person because of that employment, as if service as parliamentary counsel were a continuation of service as an officer of the public service.\nAt the end of the person’s term of office or on resignation—\nthe person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as parliamentary counsel; and\nthe person’s service as parliamentary counsel is to be regarded as service of a like nature in the public service for the purpose of determining the person’s rights as an officer of the public service.\ns 16 amd 2013 No. 39 s 111 sch 4\n(sec.16-ssec.1) This section applies if an officer of the public service is appointed as the parliamentary counsel.\n(sec.16-ssec.2) The person retains and is entitled to all rights that have accrued to the person because of employment as such an officer, or that would accrue in the future to the person because of that employment, as if service as parliamentary counsel were a continuation of service as an officer of the public service.\n(sec.16-ssec.3) At the end of the person’s term of office or on resignation— the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as parliamentary counsel; and the person’s service as parliamentary counsel is to be regarded as service of a like nature in the public service for the purpose of determining the person’s rights as an officer of the public service.\n- (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as parliamentary counsel; and\n- (b) the person’s service as parliamentary counsel is to be regarded as service of a like nature in the public service for the purpose of determining the person’s rights as an officer of the public service.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Leave of absence","content":"### sec.17 Leave of absence\n\nThe Minister may grant leave of absence to the parliamentary counsel on such terms and conditions as the Minister considers appropriate.\ns 17 amd 2013 No. 39 s 111 sch 4","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Resignation","content":"### sec.18 Resignation\n\nThe parliamentary counsel may resign by signed notice given to the Governor.\ns 18 amd 2013 No. 39 s 111 sch 4","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Termination of appointment","content":"### sec.19 Termination of appointment\n\nThe Governor in Council may terminate the appointment of the parliamentary counsel if the parliamentary counsel—\nbecomes mentally or physically incapable of satisfactorily performing the duties of office; or\nis convicted of an indictable offence (whether in Queensland or elsewhere); or\nis guilty of misconduct of a kind that could warrant dismissal from the public service if the parliamentary counsel were an officer of the public service; or\nis absent, without the Minister’s leave and without reasonable excuse, for 14 consecutive days or 28 days in any year.\ns 19 amd 2000 No. 16 s 590 sch 1 pt 2 ; 2013 No. 39 s 111 sch 4\n- (a) becomes mentally or physically incapable of satisfactorily performing the duties of office; or\n- (b) is convicted of an indictable offence (whether in Queensland or elsewhere); or\n- (c) is guilty of misconduct of a kind that could warrant dismissal from the public service if the parliamentary counsel were an officer of the public service; or\n- (d) is absent, without the Minister’s leave and without reasonable excuse, for 14 consecutive days or 28 days in any year.","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Delegation of powers","content":"### sec.20 Delegation of powers\n\nThe parliamentary counsel may delegate powers under this or any other Act to a member of the office’s staff or another officer of, or person employed in, the public service.\ns 20 amd 1992 No. 68 s 3 sch 1 ; 2013 No. 39 s 111 sch 4","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Acting parliamentary counsel","content":"### sec.21 Acting parliamentary counsel\n\nThe Governor in Council may appoint a person to act as parliamentary counsel—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the parliamentary counsel is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\ns 21 amd 2013 No. 39 s 111 sch 4\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the parliamentary counsel is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.","sortOrder":29},{"sectionNumber":"pt.4","sectionType":"part","heading":"Explanatory notes","content":"# Explanatory notes","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Explanatory note must be tabled with Bill or subordinate legislation","content":"### sec.22 Explanatory note must be tabled with Bill or subordinate legislation\n\nWhen introducing a Bill in the Legislative Assembly, a member must circulate to members an explanatory note for the Bill.\nWhen subordinate legislation is tabled in the Legislative Assembly, it must be accompanied by an explanatory note prepared under the authority of the responsible Minister.\nSee the Statutory Instruments Act 1992 , section 49 for the requirement to table subordinate legislation.\ns 22 sub 1994 No. 83 s 10\namd 2003 No. 77 s 96 ; 2011 No. 15 s 4 ; 2011 No. 24 s 37 ; 2013 No. 39 s 111 sch 4\n(sec.22-ssec.1) When introducing a Bill in the Legislative Assembly, a member must circulate to members an explanatory note for the Bill.\n(sec.22-ssec.2) When subordinate legislation is tabled in the Legislative Assembly, it must be accompanied by an explanatory note prepared under the authority of the responsible Minister. See the Statutory Instruments Act 1992 , section 49 for the requirement to table subordinate legislation.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Content of explanatory note for Bill","content":"### sec.23 Content of explanatory note for Bill\n\nAn explanatory note for a Bill must include the following information about the Bill in clear and precise language—\nthe Bill’s short title;\na brief statement of the policy objectives of the Bill and the reasons for them;\na brief statement of the way the policy objectives will be achieved by the Bill and why this way of achieving the objectives is reasonable and appropriate;\nif appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives and why the alternative was not adopted;\na brief assessment of the administrative cost to government of implementing the Bill, including staffing and program costs but not the cost of developing the Bill;\na brief assessment of the consistency of the Bill with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency;\na brief statement of the extent to which consultation was carried out in relation to the Bill;\na simple explanation of the purpose and intended operation of each clause of the Bill;\nif the Bill is substantially uniform or complementary with legislation of the Commonwealth or another State—\na statement to that effect; and\na brief explanation of the legislative scheme.\nIf the explanatory note does not include the information mentioned in subsection (1) , it must state the reason for non-inclusion.\ns 23 ins 1994 No. 83 s 10\namd 2003 No. 77 s 97\n(sec.23-ssec.1) An explanatory note for a Bill must include the following information about the Bill in clear and precise language— the Bill’s short title; a brief statement of the policy objectives of the Bill and the reasons for them; a brief statement of the way the policy objectives will be achieved by the Bill and why this way of achieving the objectives is reasonable and appropriate; if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives and why the alternative was not adopted; a brief assessment of the administrative cost to government of implementing the Bill, including staffing and program costs but not the cost of developing the Bill; a brief assessment of the consistency of the Bill with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency; a brief statement of the extent to which consultation was carried out in relation to the Bill; a simple explanation of the purpose and intended operation of each clause of the Bill; if the Bill is substantially uniform or complementary with legislation of the Commonwealth or another State— a statement to that effect; and a brief explanation of the legislative scheme.\n(sec.23-ssec.2) If the explanatory note does not include the information mentioned in subsection (1) , it must state the reason for non-inclusion.\n- (a) the Bill’s short title;\n- (b) a brief statement of the policy objectives of the Bill and the reasons for them;\n- (c) a brief statement of the way the policy objectives will be achieved by the Bill and why this way of achieving the objectives is reasonable and appropriate;\n- (d) if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives and why the alternative was not adopted;\n- (e) a brief assessment of the administrative cost to government of implementing the Bill, including staffing and program costs but not the cost of developing the Bill;\n- (f) a brief assessment of the consistency of the Bill with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency;\n- (g) a brief statement of the extent to which consultation was carried out in relation to the Bill;\n- (h) a simple explanation of the purpose and intended operation of each clause of the Bill;\n- (i) if the Bill is substantially uniform or complementary with legislation of the Commonwealth or another State— (i) a statement to that effect; and (ii) a brief explanation of the legislative scheme.\n- (i) a statement to that effect; and\n- (ii) a brief explanation of the legislative scheme.\n- (i) a statement to that effect; and\n- (ii) a brief explanation of the legislative scheme.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Content of explanatory note for subordinate legislation","content":"### sec.24 Content of explanatory note for subordinate legislation\n\nAn explanatory note for subordinate legislation must include the following information about the subordinate legislation in clear and precise language—\nthe legislation’s short title and, for subordinate legislation other than exempt subordinate legislation, the number given to the legislation when it is notified;\nthe provision of the Act or subordinate legislation under which the legislation was made (the authorising law );\na brief statement of the policy objectives of the legislation and the reasons for them;\na brief statement of the way the policy objectives will be achieved by the legislation and why this way of achieving them is reasonable and appropriate;\na brief explanation of how the legislation is consistent with the policy objectives of the authorising law;\nif the legislation is inconsistent with the policy objectives of other legislation—\na brief explanation of the relationship with the other legislation; and\na brief statement of the reasons for the inconsistency;\nif appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making subordinate legislation) and why the alternative was not adopted;\na brief assessment of the benefits and costs of implementing the legislation that—\nif practicable and appropriate, quantifies the benefits and costs; and\nincludes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ;\na brief assessment of the consistency of the legislation with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency.\nThe explanatory note must also include—\nif consultation took place about the subordinate legislation—\na brief statement of the way the consultation was carried out; and\nan outline of the results of the consultation; and\na brief explanation of any changes made to the legislation because of the consultation; or\nif consultation did not take place—a statement of the reason for no consultation.\nFor significant subordinate legislation, the explanatory note must be accompanied by the regulatory impact statement prepared for the subordinate legislation.\nIf for any reason the explanatory note does not include the information mentioned in subsection (1) or (2) , the explanatory note must state the reason for non-inclusion.\nHowever, for significant subordinate legislation, information is taken to be included in the explanatory note if it is—\nincluded in the accompanying regulatory impact statement; and\nreferred to in the explanatory note and, if necessary, supplemented or updated.\ns 24 ins 1994 No. 83 s 10\namd 2011 No. 15 s 5 ; 2013 No. 39 s 70\n(sec.24-ssec.1) An explanatory note for subordinate legislation must include the following information about the subordinate legislation in clear and precise language— the legislation’s short title and, for subordinate legislation other than exempt subordinate legislation, the number given to the legislation when it is notified; the provision of the Act or subordinate legislation under which the legislation was made (the authorising law ); a brief statement of the policy objectives of the legislation and the reasons for them; a brief statement of the way the policy objectives will be achieved by the legislation and why this way of achieving them is reasonable and appropriate; a brief explanation of how the legislation is consistent with the policy objectives of the authorising law; if the legislation is inconsistent with the policy objectives of other legislation— a brief explanation of the relationship with the other legislation; and a brief statement of the reasons for the inconsistency; if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making subordinate legislation) and why the alternative was not adopted; a brief assessment of the benefits and costs of implementing the legislation that— if practicable and appropriate, quantifies the benefits and costs; and includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ; a brief assessment of the consistency of the legislation with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency.\n(sec.24-ssec.2) The explanatory note must also include— if consultation took place about the subordinate legislation— a brief statement of the way the consultation was carried out; and an outline of the results of the consultation; and a brief explanation of any changes made to the legislation because of the consultation; or if consultation did not take place—a statement of the reason for no consultation.\n(sec.24-ssec.3) For significant subordinate legislation, the explanatory note must be accompanied by the regulatory impact statement prepared for the subordinate legislation.\n(sec.24-ssec.4) If for any reason the explanatory note does not include the information mentioned in subsection (1) or (2) , the explanatory note must state the reason for non-inclusion.\n(sec.24-ssec.5) However, for significant subordinate legislation, information is taken to be included in the explanatory note if it is— included in the accompanying regulatory impact statement; and referred to in the explanatory note and, if necessary, supplemented or updated.\n- (a) the legislation’s short title and, for subordinate legislation other than exempt subordinate legislation, the number given to the legislation when it is notified;\n- (b) the provision of the Act or subordinate legislation under which the legislation was made (the authorising law );\n- (c) a brief statement of the policy objectives of the legislation and the reasons for them;\n- (d) a brief statement of the way the policy objectives will be achieved by the legislation and why this way of achieving them is reasonable and appropriate;\n- (e) a brief explanation of how the legislation is consistent with the policy objectives of the authorising law;\n- (f) if the legislation is inconsistent with the policy objectives of other legislation— (i) a brief explanation of the relationship with the other legislation; and (ii) a brief statement of the reasons for the inconsistency;\n- (i) a brief explanation of the relationship with the other legislation; and\n- (ii) a brief statement of the reasons for the inconsistency;\n- (g) if appropriate, a brief statement of any reasonable alternative way of achieving the policy objectives (including the option of not making subordinate legislation) and why the alternative was not adopted;\n- (h) a brief assessment of the benefits and costs of implementing the legislation that— (i) if practicable and appropriate, quantifies the benefits and costs; and (ii) includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ;\n- (i) if practicable and appropriate, quantifies the benefits and costs; and\n- (ii) includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ;\n- (i) a brief assessment of the consistency of the legislation with fundamental legislative principles and, if it is inconsistent with fundamental legislative principles, the reasons for the inconsistency.\n- (i) a brief explanation of the relationship with the other legislation; and\n- (ii) a brief statement of the reasons for the inconsistency;\n- (i) if practicable and appropriate, quantifies the benefits and costs; and\n- (ii) includes a comparison of the benefits and costs with the benefits and costs of any reasonable alternative way of achieving the policy objectives stated under paragraph (g) ;\n- (a) if consultation took place about the subordinate legislation— (i) a brief statement of the way the consultation was carried out; and (ii) an outline of the results of the consultation; and (iii) a brief explanation of any changes made to the legislation because of the consultation; or\n- (i) a brief statement of the way the consultation was carried out; and\n- (ii) an outline of the results of the consultation; and\n- (iii) a brief explanation of any changes made to the legislation because of the consultation; or\n- (b) if consultation did not take place—a statement of the reason for no consultation.\n- (i) a brief statement of the way the consultation was carried out; and\n- (ii) an outline of the results of the consultation; and\n- (iii) a brief explanation of any changes made to the legislation because of the consultation; or\n- (a) included in the accompanying regulatory impact statement; and\n- (b) referred to in the explanatory note and, if necessary, supplemented or updated.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Validity of legislation is not affected by failure to comply with part","content":"### sec.25 Validity of legislation is not affected by failure to comply with part\n\nFailure to comply with this part does not affect the validity of legislation.\ns 25 ins 1994 No. 83 s 10","sortOrder":34},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Regulations","content":"### sec.26 Regulations\n\nThe Governor in Council may make regulations under this Act.\ns 26 ins 1994 No. 83 s 10","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"References to exempt instruments","content":"### sec.27 References to exempt instruments\n\nA reference in an Act or a regulation under this Act to a statutory instrument that is subordinate legislation and an exempt instrument, is a reference to subordinate legislation that is exempt subordinate legislation.\ns 27 ins 1994 No. 83 s 10","sortOrder":37}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act as provided shows elements that were not present in its original form or were added later (annotations in the text show insertions and amendments). Notable scope additions in the text include: the legal professional privilege provision protecting Office client communications (s.9A, inserted 1995), expanded explanatory-note and subordinate-legislation requirements (s.22–s.24, inserted and amended in the 1990s and 2000s), explicit duties to provide electronic access to Bills and legislation and to arrange publication (s.7 paragraphs (m) and (l)), and an authorisation power for reprints/copies and evidentiary treatment of authorised documents (s.10A, inserted 2013). Definitions were relocated to Schedule 1 (note to s.2). These changes broaden the Office’s procedural, publication and confidentiality functions relative to a narrower original drafting-office model described in earlier versions of the Act (as indicated by the amendment notes in the provided text)."},"complexity_factors":["Multiple distinct functions for one office (drafting, advice, publication, reprints, electronic access) across primary and subordinate legislation (s.7)","Detailed procedural requirements for explanatory notes for both Bills and subordinate legislation, with different content and additional requirements for significant instruments (s.23–s.24)","Discretionary powers that affect access and prioritisation (parliamentary counsel’s control subject to Minister (s.6); refusal ground for private members’ requests (s.10); delegation powers (s.20))","Confidentiality rule creating legal professional privilege for a subset of communications (s.9A) which interacts with transparency duties","Cross-references to other statutes and instruments (e.g. Reprints Act, Statutory Instruments Act) and evidentiary treatment of authorised documents (s.7, s.10A)","Appointment, employment and reporting rules (eligibility, term limits, remuneration, public service employment, annual reporting) introducing governance complexity (s.11, s.13, s.14–s.16)","Amendment history and moved definitions (annotations noted in the provided text) increasing interpretive work"],"plain_english_summary":"What this law does\n\n- The Act sets out rules for how Queensland legislation should be drafted, published and kept. It creates and governs the Office of the Queensland Parliamentary Counsel (the Office) and the officeholder called the Queensland Parliamentary Counsel. (s.3, s.5, s.7)\n\nWho the law affects\n\n- The Office and its staff, who are responsible for drafting and preparing legislation and related documents. (s.5, s.7)\n- Ministers, government entities, members of the Legislative Assembly and other bodies that ask the Office to draft Bills, amendments, subordinate legislation or related instruments. (s.7, s.10)\n- Persons outside the Office who may be authorised to draft specified government Bills or subordinate legislation, subject to Office examination and approval. (s.8)\n- Users of legislation and Bills (because the Office arranges publication and electronic access). (s.7)\n\nHow it works (mechanics)\n\n- Purpose and central mechanism: The Act states its purposes include ensuring high-quality Queensland legislation, providing an effective drafting service and making legislation and legislative information readily available. It achieves those purposes mainly by establishing the Office with the functions set out in section 7. (s.3, s.7)\n\n- Core functions of the Office: The Office must draft all government Bills and most subordinate legislation, draft on request for private members and other non-departmental government entities, draft amendments and other instruments used in the Legislative Assembly, prepare reprints and information about legislation, and arrange printing/publication and electronic access. It must also advise on alternative ways of achieving policy objectives and on the application of the stated fundamental legislative principles. (s.7)\n\n- Oversight and discretion: The parliamentary counsel controls the Office subject to the Minister. The counsel may delegate powers to staff or other public service officers, may approve drafting done by outsiders, and must examine such outside drafting and advise the Minister in writing if it fails to meet acceptable drafting standards. The counsel may refuse a private member’s drafting request only where fulfilling it would significantly and adversely affect the Government’s legislative program. (s.6, s.8, s.10, s.20)\n\n- Standards and guidance: The counsel may issue drafting guidelines for exempt instruments (including citation/numbering, gender-neutral language, application of the fundamental legislative principles and drafting style). The Office is also explicitly tasked with advising on and applying the Act’s defined fundamental legislative principles — for example, whether laws respect rights and liberties and the institution of Parliament. (s.4, s.9)\n\n- Confidentiality: Confidential communications between a client of the Office and the parliamentary counsel or staff — in relation to many of the Office’s drafting and advice functions — are protected by legal professional privilege and may not be disclosed without the client’s consent. This protection overrides other laws. (s.9A)\n\n- Transparency and documentation duties: Bills and subordinate legislation must be accompanied by explanatory notes that set out the Bill/legislation’s short title, objectives, how objectives are to be achieved, alternatives considered, administrative costs to government, consistency with fundamental legislative principles, consultation undertaken, clause-by-clause explanation and related matters. Subordinate legislation explanatory notes must also identify the authorising law, explain consistency with that law and, for significant instruments, include a regulatory impact statement. Failure to comply with these explanatory-note requirements does not invalidate the legislation. (s.22–s.25)\n\n- Governance, appointment and reporting: The parliamentary counsel is appointed by the Governor in Council and must meet legal-practitioner experience requirements. The counsel’s remuneration and other terms are set by the Governor in Council; staff are public service employees; the counsel must ensure staff training; and the counsel must deliver an annual report to the Minister that is to be laid before the Legislative Assembly. (s.11–s.16, s.12, s.13, s.15)\n\nPurpose-claims and practical trade-offs (source-linked)\n\n- The Act claims its purpose is to secure high-quality, accessible Queensland legislation primarily by centralising drafting and publication functions in the Office. (s.3, s.7)\n\n- Who pays: The Act does not set a separate funding stream in the text provided, but it provides that the parliamentary counsel’s pay and allowances are determined by the Governor in Council and that staff are employed under the Public Sector Act, which implies government funding and budget responsibility for staffing, training and publication tasks. (s.15, s.11)\n\n- Incentives and discretion: Central control (parliamentary counsel controlling the Office subject to the Minister (s.6)) creates a single quality gate and allocates discretion to the parliamentary counsel to prioritise requests (including refusing private members’ drafting when it would significantly affect the Government’s program (s.10)). The counsel can delegate powers (s.20) and approve outside drafters with post‑draft review (s.8), which balances central quality control with capacity flexibility.\n\n- Compliance burden and implementation costs: The Act assigns concrete duties that create administrative work and resource needs: drafting all government Bills and most subordinate legislation, preparing reprints and electronic access arrangements, maintaining staff training, and producing annual reports and explanatory notes with specified content. These duties impose ongoing operational costs on the Office and require staff time in departments and ministries to prepare material needed for explanatory notes (s.7, s.12, s.13, s.23–s.24).\n\n- Bureaucratic discretion and transparency trade-offs: Legal professional privilege for client communications (s.9A) protects confidentiality between the Office and its clients; that supports frank legal advice but also limits public disclosure of some explanatory material unless the client waives privilege. Explanatory note requirements (s.22–s.24) increase transparency about policy choices and costs, but the Act also expressly says failure to comply does not affect the validity of the legislation (s.25), preserving parliamentary sovereignty over enactment even where explanatory obligations are unmet.\n\n- Effects on external drafters and private choice: The Office’s role means most government drafting will flow through it; external drafters may be used only with the counsel’s arrangement or approval and are subject to the Office’s examination and acceptance. Private members can request drafting (s.10), but that access is subordinated to Government program priorities. (s.8, s.10)\n\n- Implementation risk and operational trade-offs: The Office is given a wide range of responsibilities (drafting, publication, electronic access, reprints, advice). Delivering those functions at scale requires staff, training and systems (s.7, s.12). Where the Office delegates tasks or authorises outside drafters, quality-control steps are required (s.8), which creates monitoring costs and possible bottlenecks.\n\nNet effect described mechanically\n\n- The Act centralises drafting, quality control and publication of Queensland legislation in a statutory Office; it requires explanatory materials to accompany Bills and subordinate legislation; it protects certain client communications by legal privilege; and it sets out appointment, reporting and governance arrangements for the parliamentary counsel and staff. The government bears the operational costs and decides resource allocation, the parliamentary counsel exercises operational discretion over what the Office drafts and approves, and members and agencies interact with the Office under the processes and limits set out in the Act. (s.3, s.5–s.7, s.8–s.13, s.9A, s.22–s.25)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly from its original 1992 form. The 1994 amendments (No. 83) added the entire Part 4 on explanatory notes (sections 22-25), which was not in the original Act. The 2013 amendments (No. 39) added section 10A on authorisation of documents and significantly restructured the definitions. What began as a relatively straightforward statute establishing a drafting office has expanded into a comprehensive framework for legislative transparency, including mandatory explanatory notes, regulatory impact statements, and detailed fundamental legislative principles that effectively create a bill of rights-style checklist for legislative drafters."},"complexity_factors":["Multiple nested lists of criteria in section 4 defining 'fundamental legislative principles' with 11 specific tests for individual rights and 3-5 tests for parliamentary scrutiny","14 distinct functions listed in section 7 with sub-bullets and cross-references between paragraphs (g), (h) referencing earlier paragraphs (a)-(f)","Extensive amendment history with 8+ amending Acts referenced, indicating evolutionary complexity","Dictionary located in Schedule 1 (not provided in extract) requiring cross-reference for defined terms","Conditional logic in section 10 (private members' Bills) with exception ('unless' clause) based on subjective assessment of impact on government program","Dual pathways for explanatory notes (Bills vs subordinate legislation) with slightly different requirements in sections 23 and 24","Interaction with other statutes (Reprints Act 1992, Statutory Instruments Act 1992, Evidence Act 1977, Public Sector Act 2022) creating interdependence"],"plain_english_summary":"This Queensland law sets up the rules for how laws get written and published in the state. It creates the **Office of the Queensland Parliamentary Counsel** — essentially the government's legal writing team — and tells them what they must do.\n\n**Key things this law does:**\n\n- **Establishes the Office**: Creates a dedicated office led by the Queensland Parliamentary Counsel (a senior lawyer with at least 7 years' experience) to draft all government Bills (proposed laws) and subordinate legislation (regulations, rules, etc.).\n\n- **Sets quality standards**: Defines \"fundamental legislative principles\" — basic rules that all Queensland laws should follow. These include protecting individual rights (like not forcing people to incriminate themselves, requiring warrants for searches, ensuring fair compensation if property is taken) and respecting Parliament's role (not letting ministers make laws without proper scrutiny).\n\n- **Requires plain English explanations**: Makes it mandatory for every new Bill and regulation to come with an **explanatory note** — a plain-language document explaining what the law does, why it's needed, how much it will cost, and whether it respects people's rights.\n\n- **Provides drafting services to everyone**: While the office primarily serves the government, it must also help individual Members of Parliament draft Bills — unless doing so would seriously mess up the government's legislative program.\n\n- **Protects legal privilege**: Keeps communications between the drafting office and its clients (ministers or MPs) confidential, just like conversations between lawyers and clients.\n\n- **Manages the statute book**: The office is responsible for keeping Queensland's laws up to date, preparing reprints, and making sure laws are available online and in print.\n\n**Why it matters:**\nThis law is the reason Queensland laws are (supposed to be) written clearly, respect your rights, and come with explanations you can actually read. It's the machinery that sits behind every law passed in Queensland, ensuring quality control and transparency."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's original 1992 scope focused primarily on establishing fundamental legislative principles and the Office of the Queensland Parliamentary Counsel. Through multiple amendments (notably 1994, 1995, 2013), the scope expanded significantly to include: mandatory explanatory notes with detailed content requirements for both Bills and subordinate legislation; regulatory impact statement requirements for significant subordinate legislation; legal professional privilege protections for Parliamentary Counsel communications; formal authorisation powers over Queensland legislation documents; and electronic access obligations. The 2013 amendments also substantially restructured the office's functions. The Act has grown from a principles-and-office-establishment instrument into a comprehensive legislative quality assurance framework."},"complexity_factors":["Multi-layered structure covering institutional establishment, procedural requirements, and substantive legal principles in a single Act","Nested lists of criteria for 'fundamental legislative principles' with different standards applying to Bills versus subordinate legislation","Technical legal concepts (legal professional privilege, subdelegation, retrospectivity, onus of proof) require explanation for lay readers","Distinction between different categories of legislation (Bills, subordinate legislation, exempt subordinate legislation, exempt instruments) adds definitional complexity","Interaction with multiple other Acts (Reprints Act 1992, Statutory Instruments Act 1992, Evidence Act 1977, Public Sector Act 2022) requires cross-referencing","Regulatory impact statement requirements for 'significant subordinate legislation' add an additional conditional layer to the explanatory note requirements","Employment and appointment provisions for Parliamentary Counsel involve public service rights preservation rules that are not self-contained"],"plain_english_summary":"## What is this law about?\n\nThe **Legislative Standards Act 1992** is a Queensland law that sets out the rules and standards for how Queensland laws should be written, and establishes the **Office of the Queensland Parliamentary Counsel** — the specialist government office responsible for drafting (writing) all Queensland legislation.\n\n## Who does this affect?\n\nMost Queenslanders won't deal with this law directly, but it affects everyone because it governs the quality and rights-protection of **every piece of Queensland legislation** that affects daily life. It also directly affects:\n- **Members of Parliament** (who introduce Bills)\n- **Ministers and government agencies** (who request drafting services)\n- **The Parliamentary Counsel and their staff** (whose role and conditions this law defines)\n\n## What does it actually do?\n\n### 1. Sets minimum standards for legislation (\"Fundamental Legislative Principles\")\nThe Act requires that all Queensland laws must respect certain core values, including:\n- **Protecting individual rights and freedoms** — for example, laws shouldn't let police search your home without a court warrant, shouldn't force you to incriminate yourself, shouldn't take your property without fair payment, and shouldn't apply *retrospectively* (meaning a new law can't make something you did in the past suddenly illegal)\n- **Respecting Aboriginal and Torres Strait Islander traditions**\n- **Protecting Parliament's authority** — for example, regulations (rules made by government without a full parliamentary vote) shouldn't overstep the boundaries set by the Acts that authorised them\n\nThese aren't just aspirations — they must be *actively assessed* every time a new law is proposed.\n\n### 2. Creates the Office of the Queensland Parliamentary Counsel\nThis office:\n- **Drafts** all government Bills (proposed laws), regulations, and amendments\n- **Advises** Ministers and MPs on whether proposed laws comply with the fundamental principles above\n- **Publishes** Queensland legislation and makes it publicly accessible (including online)\n- **Updates** the Queensland statute book (the complete collection of Queensland laws)\n\n### 3. Requires Explanatory Notes\nEvery Bill introduced to Parliament and every piece of subordinate legislation (regulations, rules, etc.) must be accompanied by an **explanatory note** that clearly explains:\n- What the law is trying to achieve and why\n- How it protects (or, if it doesn't, why it departs from) fundamental rights\n- How much it will cost to implement\n- What consultation was done with affected people\n- What alternatives were considered\n\n**Importantly:** if a law *doesn't* comply with these requirements, it is still legally valid — there's no automatic invalidation. The Act focuses on transparency and process, not nullifying flawed laws.\n\n### 4. Protects legal professional privilege\nCommunications between MPs or Ministers and the Parliamentary Counsel's office are **confidential** (like lawyer-client privilege) — meaning those discussions can't be disclosed without consent.\n\n## Why does this matter to ordinary people?\n\nThis Act acts as a **quality control mechanism** for Queensland law. It means:\n- Every new law must be checked against your fundamental rights before Parliament votes on it\n- You can read an explanatory note to understand what any law is trying to do\n- There's a dedicated, independent office ensuring laws are clearly written and publicly available\n- The government can't quietly make regulations that go beyond what Parliament authorised"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.4(3)(k)","severity":"medium","reasoning":"The Act purports to set a standard of clarity and precision for legislation, but the standard itself is not clear or precise. What constitutes 'sufficient' clarity is undefined, creating a self-referential problem: the Act demands unambiguous drafting using ambiguous language to articulate that demand.","confidence":0.85,"description":"The fundamental legislative principles require that legislation is 'unambiguous and drafted in a sufficiently clear and precise way', yet this very standard is itself expressed in vague and imprecise terms ('sufficiently clear', 'unambiguous') that are not defined anywhere in the Act."},{"type":"self_contradicting","section":"sec.4(5)(d) and sec.4(5)(a)","severity":"medium","reasoning":"The two limbs of the FLP test for subordinate legislation pull in opposite directions in edge cases. If an Act grants subordinate legislation power to amend other Acts (which does occur in practice), following s.4(5)(a) means breaching s.4(5)(d), and following s.4(5)(d) means acting outside authorised power. The Act provides no hierarchy to resolve this tension.","confidence":0.72,"description":"Subordinate legislation must 'amend statutory instruments only' (s.4(5)(d)), yet it must also be 'within the power' of its authorising law (s.4(5)(a)). If an authorising Act confers power on subordinate legislation to amend Acts, strict compliance with s.4(5)(d) would require non-compliance with s.4(5)(a), and vice versa."},{"type":"impossible_compliance","section":"sec.3(1)(a) and sec.7(j)","severity":"low","reasoning":"A superlative standard ('highest') admits no gradation and cannot be practically achieved or measured. The office cannot be legally obliged to achieve an objectively unattainable perfection. This is an aspirational statement masquerading as an enforceable obligation.","confidence":0.65,"description":"Section 3 states the purpose includes ensuring Queensland legislation is 'of the highest standard'. Section 7(j) imposes a function on the Office to 'ensure the Queensland statute book is of the highest standard'. This creates an impossible compliance obligation — 'the highest standard' is a superlative implying perfection, which is unachievable and unverifiable."},{"type":"self_contradicting","section":"sec.23(2)","severity":"medium","reasoning":"The mandatory content requirements in s.23(1) are completely neutralised by s.23(2), which imposes no constraint on what constitutes a valid 'reason for non-inclusion'. Any reason suffices. The obligation to include information is thus illusory.","confidence":0.8,"description":"Section 23(1) requires specific information in an explanatory note, but s.23(2) allows that information to be omitted provided the reason for omission is stated. This creates a circular escape hatch: a drafter can always satisfy the requirement by simply stating 'we chose not to include it', rendering the substantive requirements in s.23(1) effectively unenforceable."},{"type":"self_contradicting","section":"sec.25","severity":"high","reasoning":"Creating mandatory obligations (ss.22–24) and then immediately nullifying all legal consequences for breach (s.25) is internally incoherent. The duties are real in form but have no operative legal effect. This is a self-defeating legislative structure.","confidence":0.9,"description":"Part 4 imposes obligations to include explanatory notes with Bills and subordinate legislation (ss.22–24), yet s.25 declares that failure to comply with those obligations does not affect the validity of the legislation. This renders the entire Part 4 compliance regime legally toothless."},{"type":"other","section":"sec.10(2)","severity":"medium","reasoning":"The person responsible for serving the Government's legislative drafting interests is given sole discretion to decide whether a member's request would harm that program. There is no independent review mechanism, no definition of 'significantly and adversely', and no appeal. The fox is guarding the henhouse by legislative design.","confidence":0.75,"description":"The parliamentary counsel 'must comply' with a member's drafting request unless doing so would 'significantly and adversely affect the Government's legislative program'. The parliamentary counsel is the person who both drafts the government's legislative program and makes this judgment call — creating an inherent conflict of interest embedded in the statute."},{"type":"impossible_compliance","section":"sec.4(3) and sec.23(1)(f)","severity":"medium","reasoning":"The phrase 'for example' in s.4(3) means the FLPs listed are illustrative, not exhaustive. An explanatory note author cannot know which unlisted principles may also be relevant. The s.23(1)(f) obligation to assess 'consistency with fundamental legislative principles' is therefore impossible to fully discharge.","confidence":0.7,"description":"Section 4(3) lists fundamental legislative principles (FLPs) as examples only ('depends on whether, for example'). However, s.23(1)(f) requires an explanatory note to assess consistency with FLPs as if they were a definite, closed set. You cannot meaningfully assess consistency with an open-ended, non-exhaustive list of principles."},{"type":"other","section":"sec.9A(1) and sec.9A(4)","severity":"low","reasoning":"The examples of 'clients' in s.9A(2) include Ministers and members. But the office simultaneously serves the public interest. The override of 'any other law' by s.9A(4) could conflict with freedom of information legislation or parliamentary accountability obligations, creating an unresolved tension between transparency and privilege.","confidence":0.6,"description":"Section 9A grants legal professional privilege to communications made in performance of the office's functions and declares this operates 'despite any other law'. However, legal professional privilege can be waived. The section is silent on who holds the privilege (the client or the office), creating ambiguity about whether the office itself could waive privilege over communications the client wishes to keep confidential."}],"contradictions":[{"severity":"low","section_a":"sec.6(1)","section_b":"sec.6(2)","confidence":0.6,"description":"Section 6(1) states the parliamentary counsel controls the office 'subject to the Minister', establishing ministerial supremacy. Section 6(2) then permits the office to be attached to a department for administrative support purposes. This creates a dual-reporting structure (to both the Minister directly under s.6(1) and to the department under s.6(2)) without specifying which prevails in the event of conflict."},{"severity":"medium","section_a":"sec.7(a)","section_b":"sec.8(1)","confidence":0.82,"description":"Section 7(a) states the office's function is to 'draft all government Bills', using mandatory universal language. Section 8(1) permits the parliamentary counsel to arrange drafting of government Bills by persons outside the office's staff. These provisions are contradictory: the office cannot simultaneously be obliged to draft all government Bills and be permitted to outsource that drafting to non-staff."},{"severity":"medium","section_a":"sec.4(4)(c)","section_b":"sec.4(5)(d)","confidence":0.68,"description":"Section 4(4)(c) states a Bill has sufficient regard to Parliament if it 'authorises the amendment of an Act only by another Act'. Section 4(5)(d) states subordinate legislation has sufficient regard to Parliament if it 'amends statutory instruments only'. Together these create a closed system — Acts amend Acts, subordinate legislation amends statutory instruments — yet in practice Acts regularly authorise subordinate legislation to modify or override the effect of Acts, which simultaneously satisfies one limb and violates the spirit of the other."},{"severity":"low","section_a":"sec.14(3)","section_b":"sec.16(3)(a)","confidence":0.63,"description":"Section 14(3) provides that the parliamentary counsel holds office for a term not exceeding 7 years but is 'eligible for reappointment', implying no guaranteed return to prior employment. Section 16(3)(a) provides that a public service officer appointed as parliamentary counsel is entitled at the end of their term to be reappointed to the public service at an equivalent salary. Section 16(3) is triggered by either the end of term or resignation, but is silent on termination under s.19 — creating ambiguity as to whether a dismissed parliamentary counsel retains public service reappointment rights."},{"severity":"high","section_a":"sec.22(1)","section_b":"sec.25","confidence":0.92,"description":"Section 22(1) imposes a mandatory obligation ('must') on a member introducing a Bill to circulate an explanatory note. Section 25 provides that failure to comply with Part 4 (which includes s.22) does not affect the validity of legislation. These provisions are logically contradictory: a 'must' obligation that carries no consequence is not an obligation in any meaningful legal sense."},{"severity":"low","section_a":"sec.3(2)","section_b":"sec.7","confidence":0.55,"description":"Section 3(2) states the Act's purposes are 'primarily to be achieved by establishing the Office of the Queensland Parliamentary Counsel with the functions set out in section 7'. However, s.7 sets out operational and administrative functions (drafting, publication, etc.) rather than the standard-setting functions that would achieve the purpose of ensuring legislation is of 'the highest standard'. There is a gap between the stated mechanism (establishing an office with drafting functions) and the stated purpose (highest legislative standards)."}]}},"importantCases":[],"_links":{"self":"/api/acts/legislative-standards-act-1992","history":"/api/acts/legislative-standards-act-1992/history","analysis":"/api/acts/legislative-standards-act-1992/analysis","conflicts":"/api/acts/legislative-standards-act-1992/conflicts","importantCases":"/api/acts/legislative-standards-act-1992/important-cases","documents":"/api/acts/legislative-standards-act-1992/documents"}}