In the media
AFP incident raises concerns about implementation of
mandatory data retention laws
The revelation Australian Federal Police recently accessed the
private metadata of a journalist without first obtaining a warrant
raises concerns about the implementation of mandatory data
retention laws, according to the Law Council of Australia (30 April
2017). More...
NSW government fails to appeal Ku-ring-gai Council
amalgamation court loss
The NSW government has abandoned one option to forcibly merge
Ku-ring-gai Council with Hornsby, after failing to meet a deadline
to appeal against a court decision – leaving questions around
the future of other Sydney councils fighting forced amalgamations.
More...
Suspended whistleblower sues Queensland for
$1.3m
A Gold Coast Sergeant is suing the Queensland Government for $1.3
million in damages for alleged whistleblower reprisal, claiming
loss of reputation, professional damage and humiliation (27 April
2017).
More...
AHRC: August release date confirmed for university
report
Sex Discrimination Commissioner Kate Jenkins today announced that
the Australian Human Rights Commission's national report on
sexual assault and sexual harassment at Australian universities
will be released on Tuesday 1 August 2017 (28 April 2017).
More...
AHRC: 'Human rights in investment' cover - on
blackboard with business flowcharts
Human rights influence on investors
A new report detailing the strong business case for the financial
services industry to consider human rights in their investment
decisions will be released today, as investors around the globe
become more focussed on responsible investing (27 April 2017).
More...
Serious violent offenders in Victoria could be detained
after sentences end
Victorian courts will soon be able to detain the "worst of
the worst" violent offenders after their sentences end, under
changes prompted by the murder of Melbourne schoolgirl Masa Vukotic
(27 April 2017).
More...
Anomalies' in Queensland police handling of crime
statistics 'corrected'
Queensland's police commissioner says problems with crime data
have been corrected after an auditor-general report found officers
were soliciting victims to withdraw complaints to keep a lid on
crime rates (27 April 2017).
More...
Miscarriages of Justice in Australia: A Brief
Overview
In every country there is some sort of miscarriage of justice that
may be carried out in the criminal justice system. The amount of
miscarriages of justice carried out in each country depends on many
factors (26 April 2017). More...
Post Panama Papers, call to name and shame people behind
secret shell companies
The public should be able to freely access the names of the people
behind the ownership of assets and bank accounts in order to boost
transparency and stop secret shell companies being used for
criminal activity. This is the key contention of a host of
submissions to Treasury as part of the federal government's
plans to increase transparency of the beneficial ownership of
companies (26 April 2017).
More...
Victorian Penalty Rates Inquiry Commences
The Penalty Rates and Fair Pay Select Committee will look into the
social and economic cost of the Fair Work Commissions to changes to
penalty rates. The changes will begin to impact the wages of
retail, hospitality, pharmacy and fast food workers from the middle
of the year (26 April 2017).
More...
Supreme Court throws out Colbert appeal
The South Australian Supreme Court has rejected trucking company
owner Peter Colbert's endangering life and manslaughter
sentencing appeal. The three judges sitting as the Court of
Criminal Appeal, in findings released recently, rejected
unanimously the Colbert Transport boss' contentions (24 April
2017).
More...
Sentencing Spotlights on murder and manslaughter in
Queensland
For the first time, the Queensland Sentencing Advisory Council
(QSAC) has collated and published data on
sentencing outcomes for the offences of murder and manslaughter
finalised in Queensland courts through its Sentencing Spotlights
series (24 April 2017).
More...
Federal Government to reverse community legal funding
cuts in May budget
The Federal Government will restore funding to the community legal
sector in the May budget, abandoning cuts outlined in previous
budgets after a backlash from the legal sector (24 April 2017).
More...
No need to prove who pulled trigger in Victoria's
proposed drive-by shooting laws
New legislation to combat drive-by shootings will be introduced to
the Victorian Parliament allowing police to charge all occupants of
a vehicle involved in a shooting, rather than having to prove who
pulled the trigger (23 April 2017).
More...
In practice and courts – National
OAIC: Data + Privacy Asia Pacific Conference
2017
Privacy and data protection regulators from across the Asia
Pacific region will join Australian industry leaders and data
experts for the Data + Privacy Asia Pacific Conference in Sydney on
12 July this year.
More...
In practice and courts – Queensland
Queensland Family and Child Commission: A systems review
of individual agency findings following the death of a
child
The role of the Queensland Family and Child Commission in writing
this report was to examine current systems for reviewing the deaths
of vulnerable children and make recommendations for change to
create a contemporary and up-to-date child death review system.
More...
Queensland Sentencing Council: Classification of child
exploitation material for sentencing purposes
Consultation into the review of the classification of child
exploitation material for sentencing purposes has now closed. The
final report is due to the Attorney-General on 31 May 2017.
More...
OIC Queensland: How to put a price on damage suffered as
a result of a privacy breach
Queensland privacy complaint jurisdiction - The Information
Privacy Act 2009 (Qld) (IP Act) creates a
right for individuals to make a privacy complaint if they consider
that a Queensland Government agency has failed to comply with its
obligations under this Act. OIC's role is restricted to
assessing the issues of jurisdiction and whether the complaint
shows an 'arguable case' of privacy breach and if so,
provide a mediation service (April 2017).
More...
Published – articles, papers, reports
Two Years of Suppression under the Open Courts Act
2013 (Vic)
Jason Bosland, (2017) 39(1) Sydney Law Review 25-57
The Open Courts Act 2013 (Vic) was introduced in response
to concerns that suppression orders were granted too frequently by
the Victorian courts and that problems often existed in relation to
the breadth, clarity and duration of such orders. Some of these
concerns were verified in a 2013 study of all suppression orders
made in Victoria between 2008 and 2012. This article presents the
findings of a follow-up empirical study of suppression orders made
by the Victorian courts in the two years following the commencement
of the Act in December 2013.
Cases
Comcare v Wuth [2017] FCA 433
ADMINISTRATIVE LAW – Safety, Rehabilitation and
Compensation Act 1988 (Cth) – procedural fairness
– where s 24(6) required Tribunal to award percentage for
degree of permanent impairment – where expert medical
evidence opined not possible to award a percentage degree of
permanent impairment in accordance with approved Guide or AMA
Guides – whether Tribunal required to inform parties it would
determine percentage under s.24(6) – whether practical
injustice shown. Administrative Appeals Tribunal Act 1975
(Cth) ss 33, 44; (Cth) s 26; Safety, Rehabilitation and
Compensation Act 1988 (Cth) ss 4, 5A, 8, 9, 14, 19, 24, 27,
28, 64.
Blake v Commissioner of Taxation [2017] FCA
396
BANKRUPTCY AND INSOLVENCY – appeal against a decision of the
Administrative Appeals Tribunal – whether the proceedings
have been deemed abandoned pursuant to s 60(3) of the
Bankruptcy Act 1974 (Cth) – whether, if the
proceedings are abandoned, the appeal should be dismissed.
PRACTICE AND PROCEDURE – whether an application for
extension of time to programming orders and an adjournment of the
matter should be granted - Administrative Appeals Tribunal Act
1975 (Cth) s 4.
SA Power Networks v Australian Competition Tribunal [2017]
FCA 415
PRACTICE AND PROCEDURE – application to intervene in
judicial review proceedings – nature, scope and length of
submissions by intervener – outline of oral submissions by
parties and intervener limited to 3 pages on each of three topics
– counsel for the parties and the intervener to confer and
provide to the Court a provisional timetable for the hearing.
Administrative Decisions (Judicial Review) Act 1977
(Cth); National Electricity Law; Federal Court Rules 2011
(Cth) r 9.12; High Court Rules 2004 (Cth) r 44.08;
National Electricity Rules.
SZSLM v Minister for Immigration and Border Protection
[2017] FCA 413
MIGRATION – application for leave to appeal from decision of
Federal Circuit Court – application for interlocutory
injunctive relief – whether arguable case –
International Treaties Obligations Assessment – consideration
of the Data Breach incident – whether Convention on the
Rights of the Child a relevant consideration – whether
failure to take into account relevant consideration - Constitution
s 61; Migration Act 1958 (Cth) s 198A.
CTZ v NSW Department of Education, Early Childhood
Education and Care Directorate [2017] NSWCATAD
132
ADMINISTRATIVE LAW- Education and Care Services National Law
– Operator approval – Breach of condition of approval
– Objects and Principles of National Law – Children
– Childcare Services – Failure to commence operating
with 6 months – Administrative review jurisdiction –
External Appeal jurisdiction.
CPP v Secretary Department of Family and Community
Services [2017] NSWCATAD 127
ADMINISTRATIVE LAW - review of decisions under section 245
Children and Young Persons (Care and Protection) Act 1998
(NSW) and section 28(1)(a) Community Services (Complaints,
Reviews and Monitoring) Act 1993 (NSW) – removal of
children from the care of the applicants due to breach of safety
plan and code of conduct - issue is the correct and preferable
decision having regard to the material before the Tribunal -
decision to remove the children from the care of the applicants
confirmed.
CFK v Office of the Children's Guardian [2017]
NSWSC 460
ADMINISTRATIVE LAW – appeal against NSW Civil and
Administrative Tribunal decision re working with children check
clearance – whether the Tribunal was bound to accept expert
opinion that the applicant posed a low risk of sexual abuse –
whether there was a denial of procedural fairness – whether
there was failure to give reasons for rejection of expert opinion
– whether Tribunal was entitled to reach different
conclusions to that reached by the Court of Criminal Appeal –
applicant had not pursued counselling and had not disclosed
acquittal to employers – whether Tribunal's decision was
irrational and illogical – no legal errors established
– appeal dismissed.
Chevron Australia Holdings Pty Ltd v Commissioner of
Taxation [2017] FCAFC 62
INCOME TAX – transfer pricing – whether consideration
exceeded arm's length consideration – consideration that
might have been reasonably expected between independent parties
dealing at arm's length – meaning of property –
meaning of consideration – what constitutes arm's length
consideration for acquisition of property.
INCOME TAX – whether determinations excessive –
whether decision by delegate without authority makes assessment
excessive.
CONSTITUTIONAL LAW – retrospective effect of taxation
legislation – whether retrospectivity results in arbitrary
and incontestable tax. The appeal be dismissed with costs.
Legislation – Queensland
Subordinate legislation as made
No 60 Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2017 - Penalties and Sentences Act 1992 – 28 April 2017.
No 61 Legal Profession (Society Rules) Notice 2017 - Legal Profession Act 2007.
Bills Updated
Police Powers and Responsibilities (Commonwealth Games)
Amendment Bill 2017
Introduced on 14/02/2017 Stage reached: Report from Committee on
27/04/2017.
Corrective Services (Parole Board) and Other Legislation
Amendment Bill 2017
Introduced on 16/02/2017 Stage reached: Report from Committee on
28/04/2017.
State Penalties Enforcement Amendment Bill 2017
Introduced on 2/03/2017 Stage reached: Report from Committee on
28/04/2017.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.