2.7 Office of the Queensland Parliamentary Counsel

The Legislative Standards Act 1992 established the Office of the Queensland Parliamentary Counsel (OQPC).

The main functions of the OQPC include:

• draft all government Bills and, on request, proposed Bills for units of the public sector other than departments;
• draft, on request, Private Members' Bills;
• draft all amendments of Bills for Ministers;
• draft, on request, amendments of Bills for other Members;
• draft all proposed Subordinate Legislation (other than exempt Subordinate Legislation);
• draft, on request, other instruments for use by, or in connection with, the Legislative Assembly (whether or not in relation to a Bill or amendment);
• in carrying out its drafting role, provide advice to Ministers, units of the public sector and Members in relation to alternative ways of achieving policy objectives and the application of fundamental legislative principles;
• provide advice to the Governor in Council, Ministers and units of the public sector on the lawfulness of proposed Subordinate Legislation;
• ensure the Queensland Statute Book is of the highest standard;
• make arrangements for the printing and publication of Queensland legislation including Bills and information relating to that legislation; and
• arrange electronic access to Bills presented to the Legislative Assembly, other Queensland legislation and information relating to that legislation.

It should be noted that the OQPC's duty in relation to government legislation is to the government as a whole and not simply to individual Ministers, departments or Members. The OQPC will report to the Premier if a Bill or Subordinate Legislation is not in accordance with Cabinet authority, if it infringes fundamental legislative principles, or otherwise contains matters of which Cabinet should be made aware.

The OQPC must generally meet all requests for drafting assistance from Private Members.

Confidential communications between a Minister, or a Private Member, and the OQPC are subject to legal professional privilege under the Legislative Standards Act 1992.

Further detailed information regarding the role and responsibilities of the OQPC, and the procedural requirements associated with the legislative development process is contained in the Queensland Legislation Handbook.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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