Mirani MP, Stephen Andrew, introduces new bill to boost Transparency
Stephen Andrew, MP for Mirani tabled a new Bill in Parliament this week, aimed at providing more transparency on the increasing use of Public-Private Partnerships (PPPs) to deliver the state’s public infrastructure and services.
Mr Andrew said his Public-Private Partnership (Transparency and Accountability) Bill 2024 will ensure government agencies adopt a fully transparent process in its commercial dealings with the private sector.
“Right now, Queensland has no specific legislative framework for regulating the government’s PPP arrangements” he said.
“This bill will therefore fill a critical gap in the state’s legislature”.
Mr Andrew delivered his Introductory Speech to the Bill on Wednesday, in which he referred to the Auditor General’s Major Projects Report for 2023. The report included a comparison of Queensland’s current disclosure guidelines for PPPs, with that of NSW and Victoria.
According to the report’s findings, Queensland’s PPP arrangements are significantly less transparent, than the other two states.
Crucial details that don’t have to be disclosed in Queensland, include details of a PPP’s project advisors, risk allocations, contract termination rights; contract variation procedures, Value for Money analysis, service payments and contributions made by either party.
With the unprecedented number of capital projects in the pipeline over the next few decades, Mr Andrew said the bill will establish a framework for enhanced transparency and accountability around Public-Private Partnerships in Queensland.
“Currently, the public is being left in the dark when it comes to the long-term costs and contractual arrangements that will bind the state and its citizens for decades to come” the Mirani MP said.
“We need to stop the drain on our public finances and the best way to do this is to legislate for ‘full disclosure’ on how our money is being spent”.
“There should be no secrets when it comes to how the state’s assets and services are being delivered, by whom, and at what cost” he added.
The Bill has been sent for consideration by Parliament’s Housing, Big Build and Manufacturing Committee.
New Gun Control Laws passed in Queensland
The Community Safety Bill 2024 passed last week, introducing a new Firearms Prohibition Order (FPO) Scheme in Queensland.
Under the scheme, a police officer may issue a FPO against a “high-risk individual” for up to 60 days, without obtaining a Court approval, if “satisfied it is in the public interest” to do so.
Who exactly is a ‘high-risk individual’?
The bill doesn’t say.
Another concern is the use of the broad ‘public interest’ term, as the only ‘test’ for issuing an FPO.
Particularly since a FPO could have a devastating impact on those, especially farmers, whose jobs and livelihoods depend on the holding of a gun licence.
Which is why FPOs, should ONLY be issued on notice, and by a Court.
According to Minister Ryan, the new laws are needed to stop the “illicit use of firearms in Australia”.
What isn’t mentioned is that firearms use is already heavily regulated in Australia.
In fact, according to QCCL, incidents of firearm misuse are now so low that the ABS has to include random numbers in the data they report, to avoid identifying individuals.
Here in Queensland, firearms are more than adequately regulated under the State’s Weapons Act and other legislation.
While a person may appeal a FPO, the delay and costs involved in making such an Appeal, would be prohibitive.
Moreover, the bill’s “confidentiality provisions” will make many FPOs almost impossible to dispute or defend in court.
As the Notes state: “an individual’s right to natural justice, specifically procedural fairness, is impacted by the confidentiality provisions … relating to applications or proceedings involving FPOs under the new Section 141 ZT”.
An individual may therefore have no way of knowing what they are being accused of, or by whom.
The bill also provides police with extraordinary new, warrantless ‘stop and search’ powers, which allows them to stop, detain and search anyone subject to a FPO, as well as their vehicle and “relevant premises”, to ensure compliance with a FPO.
Under Section 141C, a FPO can be issued against someone simply for being ‘associated’ with a “recognised offender”.
The bill provides no definition of what a “recognised offender” is exactly, or how they may be identified.
The bill does say that a person is deemed an “associate” of someone, if they have a “romantic or familial relationship” with them, or if they “associate” with that person: “in a way that involves seeking out or accepting their company, whether the association happens in person or … electronically”.
Similar laws in other states, have caused significant controversy, due to their regular misuse by police.
In 2016 the NSW Ombudsman published a review of the Firearms Act, which found that a third of all FPO searches had exceeded the limits of police search powers under the Act.
Claims by Minister Ryan that ‘accountability measures’ have been included to ensure this doesn’t happen in Queensland, are dubious at best.
It’s not about firearms.
No – it is quite a bit more sinister than firearm control.
Click here to watch – FPO’s and how they affect you
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Email: mirani@parliament.qld.gov.au
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