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Frequently asked questions

Office of the Queensland Parliamentary Counsel (OQPC) and its services

Instructing OQPC

Legislation

Queensland Legislation website

 

Office of the Queensland Parliamentary Counsel (OQPC) and its services

What are OQPC’s functions?

OQPC is established under the Legislative Standards Act 1992 to perform a range of functions, which are set out in section 7 of that Act.

In summary, OQPC’s functions are—

  • to draft Queensland legislation, which includes—
    • drafting Bills, amendments to Bills and subordinate legislation for the Government
    • when asked, drafting Bills and amendments to Bills for individual members of Parliament
    • providing advice to the Government and individual members about a range of matters related to drafting legislation
  • to make Queensland legislation available, which OQPC does by—
    • publishing legislation on the Queensland Legislation website, where it can be accessed electronically or purchased in printed form
    • preparing versions of legislation as it is in force on a particular date by consolidating the changes made to the legislation as at that date
    • preparing and publishing information about legislation.

 

What is OQPC’s role in drafting legislation?

OQPC drafts legislation for the Government in the form of Bills (proposed laws to be introduced into Parliament), amendments to Bills being considered by the Parliament, and subordinate legislation.

When asked to, OQPC also drafts legislation for individual members of Parliament, referred to as private member legislation. OQPC may draft a Bill for a member to introduce into Parliament or amendments for the member to propose to another Bill being considered by the Parliament.

Responsibility for drafting legislation is given to OQPC under the Legislative Standards Act 1992. This Act establishes OQPC as a statutory body and gives OQPC its functions.

 

Does OQPC draft regulations and other subordinate legislation?

Yes, OQPC drafts subordinate legislation. Most subordinate legislation is drafted in the form of regulations and proclamations to commence Acts. Subordinate legislation takes many other forms including notices, rules of court and declarations.

However, a specific category of subordinate legislation, called exempt subordinate legislation, is not drafted by OQPC.

 

Does OQPC provide legal advice or advice about how legislation operates?

No. OQPC can not give legal advice about the interpretation or operation of legislation. The Queensland Government has information on its website (www.qld.gov.au/law) about where to get assistance with legal information and advice.

The government department that administers particular legislation may have information about the legislation on its website. You may also be able to contact that department directly for more information. You can find out which department to contact by—
•    looking at the legislation on the Queensland Legislation website (go to the status information page or legislative history page for the legislation), or
•    accessing the Administrative Arrangements.

OQPC provides a help line for members of the public. See the Contact us page for information about the matters we can help you with and how to contact OQPC’s help line.

 

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Instructing OQPC

Can I get advice about a proposed law before I give drafting instructions to OQPC?

Yes. Senior drafters are available to discuss proposals for legislation and related matters with policy officers, and individual members of Parliament and their staff, before they send drafting instructions to initiate a drafting project.

See the Information for drafting clients page for more information.

 

How do I give drafting instructions to OQPC?

See the Information for drafting clients page for information about how to give drafting instructions to OQPC.

 

How long does it take to draft legislation?

Many factors influence the time it takes to draft a particular item of legislation. These include the size and complexity of the legislation, how well-developed the legislative proposal and drafting instructions are, and the priority given to the legislation by the Government.

Experience suggests that, unless legislation is given urgent priority, the following time periods are realistic indicators of the time required for drafting—

  • for small legislation (20 pages or less)—3 months
  • for medium-length legislation (21-90 pages)—6 months
  • for large legislation (over 90 pages)—12 months.

 

How can I find out more about working with OQPC on legislation?

The Instructing OQPC page will give you access to information for OQPC’s drafting clients and resources related to legislation and drafting legislation.
OQPC has also produced the following guides that you may find helpful—

 

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Legislation

How do I find a copy of an Act or subordinate legislation (such as a regulation, proclamation commencing an Act or court rules)?

All Queensland legislation is published on the Queensland legislation website from which you can access electronic copies of legislation or purchase printed copies of legislation. 

Legislation is published on the website as it was originally enacted or made and also in compilations (called reprints) that show the legislation as in force each time the legislation was changed.

See the Printed legislation page for more information about buying printed copies of legislation.

 

What is subordinate legislation?

Subordinate legislation is legislation that is made by an entity exercising law-making power that is delegated to the entity by the Parliament, under the authority of an Act. The entity that most commonly makes subordinate legislation is the Governor in Council.

There are different types of subordinate legislation. The most common type of subordinate legislation is regulations. Other types of subordinate legislation include proclamations that commence provisions of an Act, rules (most commonly, rules of court), standards and notices.

Go to the Subordinate legislation page for more information.

 

How do I find out if legislation is being drafted?

OQPC is bound by a strict obligation of confidentiality and can not tell you if legislation about a particular subject is being drafted.

The government department that administers legislation about the subject may have information about proposed legislation on its website. You can find out which department to contact by—

 

How do I find a copy of a Bill?

All Bills introduced into Parliament are published on the Queensland legislation website shortly after introduction. You can access an electronic copy of the Bill on that website, or use the website to purchase a printed copy of the Bill. 

See the Printed legislation page for more information about buying a printed copy of a Bill.

 

How do I find out what stage a Bill is at in Parliament?

Visit the Queensland Parliament website (www.parliament.qld.gov.au) for information about the stage a Bill has reached in the Parliament. You will find information about Bills and Legislation in the ‘Work of the Assembly’ section of the Queensland Parliament website.

 

How do I find out about amendments made to a Bill when it is debated in Parliament?

Amendments made to a Bill when it is debated in Parliament are called amendments made during consideration in detail. A version of a Bill that includes amendments made during consideration in detail is published on the Queensland legislation website, on the Bill's legislative history page. This version of a Bill is called the third reading draft of the Bill.

Go to the Finding legislative information page on the Queensland Legislation website for more information about the legislative history of Bills and Acts.

Also, visit the Queensland Parliament website  (www.parliament.qld.gov.au) to access a copy of the amendments made to a Bill during consideration in detail. You will find information about Bills and Legislation in the ‘Work of the Assembly’ section of the Queensland Parliament website. You will also be able to read a transcript of the debate in the Legislative Assembly in which the amendments were agreed to in the record of proceedings (Hansard), also available on the Queensland Parliament website.

 

How do I find a copy of the explanatory notes for a Bill or subordinate legislation?

The explanatory notes for a Bill or subordinate legislation are published on the Queensland legislation website with the Bill or subordinate legislation. Look for the book icon in the column headed ‘EN’.

For more help, go to the How to find explanatory notes page on the Queensland legislation website.

 

Human Rights Act 2019: How do I find a copy of the statement of compatibility for a Bill or human rights certificate for subordinate legislation?

The statement of compatibility for a Bill or human rights certificate for subordinate legislation are published on the Queensland legislation website with the Bill or subordinate legislation. Look for the person icon in the column headed ‘HR’.

For more help, go to the Human rights statements and certificates page on the Queensland legislation website.

Visit the Human Rights Act 2019 page to learn more about the scrutiny of legislation for compatibility with human rights.

 

How do I find out when an Act or subordinate legislation commences?

On the Queensland Legislation website: Information about when an Act or subordinate legislation commences is recorded in the legislative history for the Act or subordinate legislation on the Queensland legislation website. To find the legislative history, click on the hyperlinked name of the legislation to be taken to its ‘status information’ page. From that page, click on the ‘Legislative history’ button. 

Go to the Finding legislative information page on the Queensland Legislation website for more information about the legislative history of Acts and subordinate legislation.

From a copy of the legislation: If you have a copy of the Act or subordinate legislation, you can find out when it commences by looking at the commencement section. This is usually section 2.

Commencement of Acts

  • Commonly, an Act may commence on the day it receives the royal assent, on a day or days stated in the Act, or on a day or days to be fixed by proclamation. If there is no commencement provision in an Act, the Act commences on the day of assent (see section 15A of the Acts Interpretation Act 1954). 
  • The day of assent is noted on the cover of the version of the Act as passed and in the legislative history for the Act on the Queensland Legislation website.

Commencement of subordinate legislation

  • Subordinate legislation will commonly commence on the day it is notified by publication on the Queensland Legislation website or on a stated day or days. If there is no commencement provision in the legislation, it commences on the day it is notified (see section 32 of the Statutory Instruments Act 1992). 
  • The day of notification is stated in the endnotes on the last page of an item of subordinate legislation as made and in the legislative history for the subordinate legislation on the Queensland Legislation website.

 

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Queensland Legislation website

How do I find the Queensland Legislation website?

The web address of the Queensland Legislation website is www.legislation.qld.gov.au. Most references to the Queensland Legislation website on this website are hyperlinked to the website. Clicking on a hyperlink will take you to the home page of the Queensland Legislation website or to a particular page of the website.

 

How do I find my way around the Queensland Legislation website?

There is lots of helpful information on the Queensland Legislation website about how to find legislation and information about legislation on that website. Go to the Information page or Help page on that website to learn more.

OQPC has prepared a booklet, Finding Queensland legislation and information, that you can download and print as a reference guide to Queensland legislation and using the website to find legislation and related information.

 

What can I find on the Queensland Legislation website?

Go to the About this website page of the Queensland Legislation website for information about the legislation and information available on that website.

 

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