What Qld lawyers want to see ahead of the state’s election
In the lead-up to the 2024 Queensland election, the Queensland Law Society has issued its Call to Parties statement outlining the principal concerns and priorities of the state’s legal profession.
With the Queensland state election scheduled for the end of October, the Queensland Law Society (QLS) has released its 2024 Call to Parties report, outlining critical issues and policy recommendations, aiming to ensure that the political parties prominently address the concerns and priorities of the state’s legal profession during their campaign platforms.
The Call to Parties statement details 115 recommendations across 18 distinct areas.
Combating elder abuse
One of the foremost issues highlighted by QLS president Rebecca Fogerty is the alarming increase in elder abuse cases across Australia.
In the Call to Parties, the QLS has urged political parties to endorse a robust, whole-of-government strategy to address this escalating concern and mitigate this growing problem.
“We’re calling on political parties to commit to a whole-of-government strategy to respond to elder abuse, focusing on prevention, education, training, collaborative frameworks, interventions, responses, and redress,” Fogerty said.
During the 2021–22 period, the Australian Institute of Health and Welfare reported that Queensland’s helpline received 3,841 calls regarding the abuse of older individuals. This figure represents the highest number of reported incidents among all the states.
Fogerty emphasised that given the alarming prevalence of elder abuse in Queensland and the Royal Commission into Aged Care’s critical findings of inadequate care standards and significant underfunding, it is imperative to implement immediate and comprehensive reforms.
“A significant number of older Queenslanders experience abuse, and urgent action is needed. The Royal Commission into Aged Care highlighted substandard care and severe underfunding. As the population of Australians aged 65+ doubles over the next 25 years, a culture of openness and accountability is necessary to prevent abuse,” Fogerty said.
Reforming property law
Recent amendments to the Property Law Act 2023, including the implementation of a new seller disclosure framework, have raised concerns about public awareness and the potential implications for Queensland residents from the state’s legal professionals.
In the Call to Parties report, the QLS advocated for establishing a public awareness program and creating a government-managed database to facilitate access to seller disclosure information.
“QLS is calling for a public awareness program and the development of a government database for seller disclosure information, that will ensure buyers and sellers understand their responsibilities and can access consistent information across Queensland, such as flooding data,” Fogerty said.
Fogerty noted that while the seller disclosure framework has the potential to substantially enhance the property sale process in Queensland, its successful implementation must “be coupled with appropriate education, support, and resources for the community to understand what is expected of them”.
This ensures effective transparency and robust protection for Queensland consumers within the property market.
Recruitment incentives for rural and regional solicitors
Another significant concern for state legal professionals is the government’s need to address the substantial disparity in the availability of legal services across rural, regional, and remote (RRR) areas.
This issue is of considerable importance, underscored by the Australian Bureau of Statistics, which reported that nearly 450,000 individuals resided in rural Queensland areas in 2021. Addressing the disparity in legal services in these regions is essential to ensuring that this significant population has equitable access to justice and legal support.
Fogerty said: “Without adequate legal services in rural, regional and remote areas, we are failing these communities and denying them essential access to important legal services and support.”
To address this disparity, the QLS, in its Call to Parties report, proposed implementing a graduate solicitor program designed to bolster recruitment in rural areas.
“QLS is calling for a graduate solicitor program to support recruitment in RRR areas, investment in regional law scholarships, and greater benefits for RRR solicitors to recruit and retain local talent,” Fogerty said.
Fogerty detailed the challenging conditions encountered by solicitors in rural, regional, and remote areas and underscored the critical need for innovative strategies to attract and retain legal professionals in these regions.
“Currently, solicitors in RRR locations experience disparity in remuneration, employment conditions and workload, compared to those in urban centres. Attracting and retaining solicitors in these communities is a significant challenge that requires innovative solutions,” Fogerty said.
Addressing this issue is also imperative to ensure that these communities have access to essential legal services, thereby addressing the service disparity and supporting equitable access to justice.
Protecting children’s online privacy
In an era where digital privacy concerns are increasingly critical, the state’s legal professionals advocate for more robust safeguards to protect children’s online data and personal information.
The Australian Community Attitudes to Privacy Survey 2023 indicated that 62 per cent of Australians regard protecting their personal information as a significant concern in their lives. Additionally, the survey found that 94 per cent of parents expressed their substantial concern about the privacy of their children.
Fogerty said: “Robust privacy protections and education initiatives are essential in the digital age. Children are especially vulnerable to privacy impacts from technology and the long-term implications of the collection of their personal information.”
The Call of Parties report outlined that legal professionals are urging the need for political parties to commit to “funding education initiatives to promote the protection of children’s online data and personal information, an increase in funding for the Office of the Information Commissioner to support responses to data breaches, and transparency around the commercialisation of government datasets, including public facing guidelines and oversight mechanisms”.
Fogerty further said: “QLS has always advocated for good law, good lawyers and serving the public good. It’s essential we hold political parties accountable this election, to improve outcomes for all Queenslanders.”