In the media
Ombudsman to conduct OPCAT-style inspection of the Dame
Phyllis Frost Centre
Victoria must ensure people held in places of detention are treated
in a humane and dignified way after the Australian Government
ratifies an important United Nations convention. The Ombudsman has
decided to conduct the pilot inspection at the Dame Phyllis Frost
Centre (DPFC) in July 2017. Submissions close 18
August 2017 (07 July 2017).
More...
Improving access to Victims Of Crime Assistance
Tribunal
The Andrews Labor Government is working to make it easier for
victims of crime to access compensation through the Victims of
Crime Assistance Tribunal (VOCAT).
Attorney-General Martin Pakula today asked the Victorian Law Reform
Commission (VLRC) to broaden its current review of
the way VOCAT engages with family violence victims to consider all
victims of crime (07 July 2017).
More...
Governments must end youth detention
abuse
The Australian Human Rights Commission today expressed continuing
and deep concern about the abuse of young people in detention,
saying the focus on punitive measures is failing young people (07
July 2017).
More...
Human Rights Commissioner calls for OPCAT
input
Human Rights Commissioner Edward Santow is seeking submissions on
Australia's implementation of the Optional Protocol to the
Convention against Torture (OPCAT) (07 July 2017).
More...
Community groups call for greater freedom to speak
out
Australian governments must act now to safeguard and encourage
vibrant debate on matters of public interest, 15 non-government
organisations have said in a new report
Defending Democracy, released on 05 July 2017.
More...
Ministerial guidelines sets new standards for the Parole
Board Queensland
Corrective Services Minister Mark Ryan has issued robust new
guidelines for the Parole Board Queensland when deciding whether to
grant parole to prisoners (05 July 2017).
More...
Statement by the Australian Information and Privacy
Commissioner, Timothy Pilgrim, on personal information of
Australian telecommunication customers
In light of the information provided, the OAIC considered that
these allegations did not point to a failure on the part of the
three providers to ensure reasonable steps are being taken to
protect the personal information of Australian telecommunication
customers at offshore call centres, and that no further regulatory
action is warranted at this time (04 July 2017).
More...
New body to investigate judicial
complaints
A new independent body established by the Andrews Labor Government
to investigate complaints and concerns about the conduct of
judicial officers and VCAT members began work today (03 July 2017).
More...
National Firearms Amnesty officially
commences
The National Firearms Amnesty commenced on 1 July, giving
Australians an opportunity to hand in unregistered and unwanted
firearms and improve community safety (01 July 2017).
More...
Palaszczuk Government boosts help for crime
victims
Attorney-General and Minister for Justice Yvette D'Ath said the
new Charter of Victims' Rights provided standards for how
victims of crime should be treated when interacting with agencies
within the legal process. For more information about the changes,
visit www.qld.gov.au/victims (01
July 2017).
More...
Palaszczuk Government supports startup helping parents
keep kids safe online
A Silicon Valley startup is helping parents protect Queensland
children from cyber bullying and online predators with backing from
the Palaszczuk Government's Advance Queensland Hot DesQ program
(30 June 2017).
More...
New Queensland Integrity Commissioner
appointed
Premier Annastacia Palaszczuk has today announced the appointment
of Dr Nikola Stepanov as the Queensland Integrity Commissioner (29
June 2017).
More...
New members to the Parole Board Queensland
appointed
Minister for Corrective Services has today announced the new single
Queensland Parole Board following last year's parole system
review by Mr Walter Sofronoff QC (29 June 2017).
More...
QLS salutes appointment of former solicitor as new
Federal Administrative Appeals Tribunal president
Queensland's peak solicitor body has applauded the appointment
of a former solicitor as Australia's new president of the
Federal Administrative Appeals Tribunal (28 June 2017).
More...
Appointments to the Administrative Appeals
Tribunal
The Attorney-General announces the appointment of the Hon Justice
David Thomas as President of the Administrative Appeals Tribunal
(AAT). Justice Thomas has also been appointed as a
judge of the Federal Court (28 June 2017).
More...
Committals an essential feature of a fair criminal
justice system
Committal hearings are integral to ensuring fairness in criminal
proceedings, the LIV has argued in a submission on proposed reforms
to criminal procedure – and any changes to committal
procedure should be explored only to the extent that they do not
undermine the accused's right to a fair trial (28 June 2017).
More...
New probation and parole office for Southport
opens
The new $1.5 million purpose-built Probation and Parole office at
Southport was officially opened today by Minister for Corrective
Services Mark Ryan (28 June 2017).
More...
Statement from Attorney-General and Minister for
Justice
The Independent Review of Youth Detention in Queensland was
initiated in 2016 by the Palaszczuk Government in response to
allegations of abuse at the Cleveland and Brisbane Youth Detention
Centres (28 June 2017).
More...
Former Brisbane police officer to appear in court for
misusing confidential information
A 60-year-old former male Sergeant was yesterday served with a
Notice to Appear in court for the alleged unauthorised use of a
Queensland Police Service (QPS) QPRIME database
(28 June 2017).
More...
ID scanners already keeping licenced venues
safe
The Palaszczuk Government's implementation of ID scanners in
licenced venues has already stopped people on banning orders
entering our pubs and clubs 22 times on the weekend (27 June 2017).
More...
New AHRC President; New Proposed Privacy Commissioner
and Youth Koori Court in NSW
On 20 June 2017, there was an announcement by the Federal
Attorney-General of the appointment of Emeritus Professor Rosalind
Croucher AM as the next President of the Australian Human Rights
Commission (AHRC) commencing her seven-year term
on 30 July 2017. Additionally, the NSW Attorney-General has
announced a proposed Privacy Commissioner appointment and
additional funding for a Youth Koori Court in NSW (26 June 2017).
More...
Tackling Encryption and Border Security key Priorities
at Five-Eyes Meeting in Ottawa
Senator Brandis and Mr Dutton will attend the Five Country
Ministerial (FCM) on National Security. Senator
Brandis will also attend the Quintet meeting of Attorneys-General.
Senator Brandis said "The countries meeting in Ottawa are
among the most important partners for Australia in ensuring the
integrity of our borders (25 June 2017).
More...
In practice and courts
Commonwealth Ombudsman now handles complaints about VET
FEE-HELP and VET Student Loans
The VET Student Loans Ombudsman function is operational and
available to the public (01 July 2017).
More...
Family Court, FCC orders now all digital
As of 1 July, all orders from the Family Court and Federal Circuit
Court will be signed and sealed electronically and available for
download from
comcourts.gov.au. Practitioners will need to register at this
portal, link their firm and files, and set email notifications.
More...
High Court of Australia
High Court of Australia Bulletin [2017] HCAB 05 (28 June
2017).
Accountability and the Law 2017
Conference
The conference will be held on 17 August in Canberra by the
Australia Institute.
More...
NDIS costs: Productivity Commission costs position
paper, including NIIS comment
Released by the Productivity
Commission's NDIS Costs position paper, this it sets out
preliminary conclusions and seeks feedback by 12 July 2017.
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list of
recent AAT decisions and information relating to appeals against
AAT decisions:
Issue No. 27/2017, 03 July 2017
Issue No. 26/2017, 26 June 2017
OAIC: Notifiable Data Breaches draft
resources
Draft resources on the
Notifiable Data Breaches (NDB) scheme have
been published to assist organisations in understanding their
compliance obligations from 22 February 2018. The OAIC is still in
the process of developing resources about a number of other topics
relating to the NDB scheme. These will be published on our website. Any comments on the
draft resources are open until 14 July 2017.
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.
AHRC: OPCAT submissions
The Human Rights Commissioner has released a
consultation paper and a call
for submissions on Australia's implementation of the
Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The
Federal Government intends to ratify OPCAT by December 2017.
Parties wishing to respond to the OPCAT consultation paper should
do so by 21 July 2017.
ANAO: Performance audit in-progress
Due to table: July 2017, the audit objective is to assess the
effectiveness and efficiency of entities' implementation of the
Freedom of Information Act 1982.
More...
AIJA Court Media Officers' Conference The Conference will be held Thursday 31 August and Friday 1 September 2017 in Sydney. More...
COAT National Registrars & Executive Officers
Conference
Save the date! 20 October 2017 in Adelaide.
More...
Commonwealth Consultations
October 2017 - Closing date for comments to the FCA on the
General Practice Notes.
[Subscriber] More...
Queensland
Changes to court fees from 1 July 2017: Regulated fee
increase
The Governor in Council has approved an increase to court fees from
1 July 2017. The new fees are contained in the
Justice Legislation (Fees) Amendment Regulation (No. 1)
2017 and affect fees prescribed under the following
regulations listed here. Note that fees taken in relation to
Births, Deaths and Marriages have increased as well as of 3 July
2017. More...
Magistrates Court Practice Direction
5/2017
Practice Direction 5/2017 - Applications made under the
Peace and Good Behaviour Act 1982 (27 June 2017). More...
Supreme Court Practice Direction 9/2014
(amended)
Practice Direction 9/2014 - Management of controlled items in
court precincts (amended) (26 June 2017). More...
New Resolution Registrar role at Supreme
Court
A
Resolution Registrar is to be appointed at the Supreme Court of
Queensland. The new role will see the appointee working closely
with judges to help resolve cases in the court's civil
jurisdiction or reduce the issues in dispute to shorten the length
of trials. Applications for the position will close on 11 July and
can be submitted via the
Smart jobs and careers website.
CCC: Results for 1 February to 30 April
2017
These results reflect the information reported to the Parliamentary
Crime and Corruption Committee at the joint public meeting held on
12 June 2017 (29 June 2017). More... More...
CCC to investigate Fraser Coast Regional
Council
The Crime and Corruption Commission (CCC) has
completed an assessment of allegations of corrupt conduct relating
to the Fraser Coast Regional Council. The CCC has determined to
commence an investigation (05 July 2017).
More...
CCC: Queensland public sector responses to corrupt
conduct incidents in recruitment activities: summary audit
report
The CCC's audit assessed how public sector agencies dealt with
complaints about corrupt conduct in recruitment activities. For
more information about our corruption audits view the
CCC corruption audit plan for 2016-17. Last updated 30 June
2017.
More...
Published – articles, papers, reports
Implementation of the Annual Performance Statements
Requirements 2015–16
ANAO: 26 June 2017 - The objective of the audit was to examine the
implementation of the annual performance statements requirements
under the Public Governance, Performance and Accountability Act
2013 and the enhanced Commonwealth performance framework.
Foreign political donations e-brief
02/2017 June 2017: Chris Angus
This e-brief discusses current restrictions on political donations
in NSW and other Australian jurisdictions in the light of recent
media reports on donations from foreign and foreign-linked donors.
It then outlines the means by which donors could bypass these
restrictions, before briefly detailing the constitutional
limitations to reform as a result of the implied freedom of
political communication.
Ensure the Crime and Corruption Commission is the strongest
it can be to prevent corruption in Queensland
The Australia Institute; Environmental Defenders Office
Queensland: 27 June 2017
Three key changes are required to the CC Act and Bill - to ensure
the definition of 'corrupt conduct' is widened sufficiently
to include all appropriate activities, and to meet the high
standards and effectiveness of the respected NSW ICAC.
Government response to the independent review of youth
detention
Department of Justice and Attorney-General (QLD): 28 June
2017 The Palaszczuk Government is committed to ensuring the
safety and wellbeing of young people in Queensland youth detention
centres. Equally, any allegations of mistreatment of young people
must be thoroughly and appropriately investigated.
Cases
'LW' and Department of Human Services (Freedom of
information) [2017] AICmr 65
Freedom of Information — Whether reasonable steps taken to
locate documents — (CTH) Freedom of Information Act
1982 s 24A.
'LV' and Department of Defence (Freedom of
information) [2017] AICmr 64
Freedom of Information — Whether reasonable steps taken to
locate documents — (CTH) Freedom of Information Act
1982 s 24A.
Patrick Conheady and Australian Taxation Office (Freedom
of information) [2017] AICmr 63
Freedom of Information — Whether disclosure would have a
substantial adverse effect on the proper and efficient conduct of
the operations of an agency — Whether contrary to public
interest to release conditionally exempt documents — (CTH)
Freedom of Information Act 1982 ss 11A(5), 47E(d).
The Australian and Department of Immigration and Border
Protection (Freedom of information) [2017] AICmr
62
Freedom of Information —Whether disclosure would have a
substantial adverse effect on the proper and efficient conduct of
the operations of an agency — Whether disclosure of personal
information is unreasonable — Whether contrary to public
interest to release conditionally exempt documents — (CTH)
Freedom of Information Act 1982 ss 47E(d) and 47F.
'LU' and Department of Defence (Privacy) [2017]
AICmr 61
Privacy — Privacy Act — Information Privacy Principles
— Privacy Act 1988 (Cth) s52 — IPP 4 —
Data security failure — IPP 10 — Unauthorised use of
sensitive personal information — Compensation awarded –
Non-economic loss – Section 52(3) expenses awarded.
Buttigieg and Comcare [2017] AATA 1002
PRACTICE AND PROCEDURE – whether application for
confidentiality order to be disclosed to other party – s 38AA
decision-maker has an ongoing requirement to lodge documents
relevant to the review – document includes surveillance
– legal professional privilege and public interest immunity
still apply - the application itself is to be disclosed to other
party or parties but not the document over which the
confidentiality is sought – matter adjourned. The applicant,
Mr Buttigieg, has applied for review of a decision made by the
respondent, Comcare.
Malek Fahd Islamic School Limited v Minister for Education and
Training [2017] FCA 757
ADMINISTRATIVE LAW – application for extension of time to
file an originating application – whether acceptable
explanation for delay – whether delay caused prejudice
– whether substantive application has merits –
application for interlocutory relief to refrain delaying of payment
of financial assistance pursuant to the Australian Education
Act 2013 (Cth) – whether serious question to be tried
– where balance of convenience lies. Held: application for
extension of time and interlocutory relief granted. Constitution ss
96, 122.
'LR' and Australian Federal Police (Freedom of
information) [2017] AICmr 58
Freedom of Information — Whether material in documents
irrelevant to the request — Whether reasonable steps taken to
locate documents — Whether disclosure would prejudice lawful
methods or procedures — Whether documents subject to legal
professional privilege — Whether disclosure would have a
substantial adverse effect on the proper and efficient conduct of
the operations of an agency — Whether disclosure of personal
information unreasonable — Whether contrary to public
interest to release conditionally exempt documents — (CTH)
Freedom of Information Act 1982 ss 11A(5), 22, 24A,
37(2)(b), 42, 47E(d) and 47F.
David Griffiths and Department of Human Services (Freedom
of information) [2017] AICmr 56
Freedom of Information — Whether reasonable steps taken to
locate documents — (CTH) Freedom of Information Act
1982 s 24A.
Tristan Masterson and the Murray-Darling Basin Authority
(Freedom of information) [2017] AICmr 57
Freedom of Information — Whether disclosure would have a
substantial adverse effect on the proper and efficient conduct of
the operations of an agency — Whether contrary to public
interest to release conditionally exempt documents — (CTH)
Freedom of Information Act 1982 ss 11A(5), 47E(d).
'LQ' and Department of Human Services (Freedom of
information) [2017] AICmr 55
Freedom of Information — Whether disclosure of personal
information is unreasonable — Whether contrary to public
interest to release conditionally exempt documents — (CTH)
Freedom of Information Act 1982 ss 11A(5), 47F.
Amanda Hay and Australian Bureau of Statistics (No. 2)
(Freedom of information) [2017] AICmr 54
Freedom of Information — Whether disclosure would have a
substantial adverse effect on the management or assessment of
personnel — Whether contrary to public interest to release
conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss 11A(5), 47E(c).
AHZ17 v Minister for Immigration & Anor [2017] FCCA
1400
ADMINISTRATIVE LAW – Judicial review – natural justice
– where confidential certificate has been issued under s.438
of the Migration Act 1958 (Cth) – discretion to
refuse relief – whether respondent can lead further evidence
on question of futility of relief – leave to lead further
evidence refused – relief granted. MIGRATION –
Protection visa – objection to the admissibility of affidavit
filed by the Minister without leave – whether MZAFZ binding
on the court – whether MZAFZ is distinguishable – MZAFZ
applied. Migration Act 1958 (Cth), s.438.
Legislation
Commonwealth
Criminal Code Amendment (Control Orders—Legal Representation
for Young People) Regulations 2017
30/06/2017 – no longer in force.
Do Not Call Register (Access to Register) Determination
2017
30/06/2017 – The determination provides for any matters
relating to access to the Do Not Call Register.
Queensland
Subordinate legislation as made
No 101:
Proclamation commencing certain provisions
Victims of Crime Assistance and Other Legislation Amendment Act
2017 – 30 June 2017.
No 108:
Queensland Civil and Administrative Tribunal Amendment
Regulation (No. 1) 2017
Queensland Civil and Administrative Tribunal Act 2009
– 30 June 2017.
No 109:
Justice Legislation (Fees) Amendment Regulation (No. 1)
2017 – 30 June 2017.
No 119
State Penalties Enforcement Amendment Regulation (No. 1)
2017
State Penalties Enforcement Act 1999 – 30 June
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.