In the media
Report on Justice System released by the Royal
Commission into Institutional Responses to Child Sexual
Abuse
The Royal Commission into Institutional Responses to Child Sexual
Abuse (the Commission) released its report on 14
August 2017, titled 'Criminal Justice'. The report focuses
on recommendations to improve the criminal justice system and
responses to victims by the police and courts (16 August 2017). More...
Modern slavery consultation
The first step is an extensive consultation period with industry on
the Government's Modern Slavery in Supply Chains Reporting
Requirement discussion paper. This consultation, in
conjunction with the inquiry, will help determine the final content
of the proposed legislation to combat modern slavery, something
which should no longer exist in today's world (16 August 2017).
More...
Crackdown on money laundering and terrorism
financing
The Coalition Government has today announced the first stage of
reforms to strengthen the Anti-Money Laundering and
Counter-Terrorism Financing Act and increase the powers of the
AUSTRAC. The reforms implement the first phase of the
recommendations of the Statutory Review of the Anti-Money
Laundering and Counter-Terrorism Financing Act (17 August 2017).
More...
Requiring business to report on anti-slavery efforts a
historic step in addressing modern scourge
Plans for a new legal requirement for large Australian companies to
report on measures they are taking to combat slavery is a momentous
step along the path to an appropriately comprehensive anti-slavery
regime, according to the Law Council of Australia (16 August 2017).
More...
Watchdog points finger at Border Force
The Australian Commission for Law Enforcement Integrity
(ACLEI) has warned members of the Australian
Border Force (ABF) to be vigilant in their work,
which it says is of interest to organised crime gangs and other
criminals (15 August 2017).
More...
Taxpayers warned to cover their assets
The Australian Taxation Office (ATO) is warning
that personal information such as tax file numbers, bank account
numbers and dates of birth should be kept secure. Assistant
Taxation Commissioner Kath Anderson said more than 1,000 taxpayers
reported their personal information had been compromised in June,
up by 26 per cent from May (15 August 2017).
More...
Anti-social salute for social media guide
The Community and Public Sector Union (CPSU) has
raised what it terms are 'strong objections' against
measures in the Australian Public Service Commission's
(APSC) updated guide for dealing with social
media. According to APSC Commissioner, John Lloyd, the consultation
indicated that the policy settings did not need to change, but that
current obligations were not well understood by employees.
According to the CPSU however, the guide imposes severe
restrictions on PS workers' personal use of social media (15
August 2017).
More...
ABS ties knot on same-sex marriage
The Australian Bureau of Statistics (ABS) has been
directed by the Treasurer to survey all Australians on the
electoral roll for their views on proposed changes to the law to
allow same-sex marriage (15 August 2017).
More...
Police join Post in digital ID scheme
Australia Post has announced the Queensland Police Service as the
first public sector Agency to adopt its new personal identity
verification system, Digital iD (15 August 2017).
More...
Councils' telco planning regimes under
scrutiny
As people have complained about lack of access to
telecommunications in their new homes, the federal government will
investigate why. The Department wants to ascertain how many
councils have provisions for telecommunications in their planning
laws and what the current requirements may be. The Department says
that whilst most developers are doing the right thing, a small
number continue to develop land without considerations for
telecommunications (August 2017).
More...
Interstate waste transport under
investigation
The Queensland government has announced that it will launch a
three-month independent investigation into the transport of waste
into the state, in a bid to send a message out to waste management
operators in other states that Queensland is not a "free for
all", the government's renewed campaign against interstate
dumpers follows a controversial report from the ABC's Four
Corners program (August 2017).
More...
Federal corruption a dog's breakfast:
TAI
There are significant gaps in federal anti-corruption measures, a
Federal ICAC is needed to fill the gaps (14 August 2017).
More...
Helping vulnerable families through family law
disputes
Vulnerable families, including those experiencing violence, will
now have access to new and enhanced services to help them through
family relationship breakdowns, with an additional $9.87 million in
funding from the Turnbull Government (11 August 2017).
More...
Key community safety reforms pass
Parliament
Two more major community safety reforms passed Parliament this week
under the Andrews Labor Government. The Sentencing Amendment
(Sentencing Standards) Bill 2017 will introduce a new
sentencing regime to increase the jail terms for 12 of the most
serious crimes, and the Crimes Legislation Amendment (Public
Order) Bill 2017 which includes new statutory offences of
affray and violent disorder, and additional police powers to keep
the community safe. (11 August 2017).
More...
Marriage equality campaign launches High Court challenge
against postal plebiscite
The Human Rights Law Centre has filed a legal action against the
Australian Government on behalf of Australian Marriage Equality and
Senator Janet Rice. The action challenges the constitutional
validity of the postal plebiscite on marriage equality (10 August
2017).
More...
More...
Palaszczuk Government delivers on commitment to
re-establish Drug Court
Attorney-General and Minister for Justice Yvette D'Ath has
today introduced legislation that outlines how the re-established
Drug Court will work in Queensland (10 August 2017).
More...
Queensland leading Australia on No Body, No
Parole
Queensland Parliament has passed 'No Body No Parole' laws,
including an Australian-first provision to broaden the laws to
include anyone convicted of being an accessory after the fact to
manslaughter (10 August 2017).
More...
Former principal sentenced for 'bizarre' role in
Education Department fraud
An ex-school principal receives a good behaviour bond over a scheme
to defraud Victoria's Education Department, after he agrees to
give evidence against a former department official accused of
pocketing taxpayer dollars (10 August 2017).
More...
'Massage parlours and junkets': New dirt file
exposes claims against Queensland councils
Allegations of overseas junkets, mistresses and visits to massage
parlours are examples of further claims of widespread corruption in
several Queensland councils, levelled under parliamentary privilege
by maverick MP Rob Pyne (09 August 2017).
More...
Parliamentary inquiry into family law system
'weakened by lack of judicial input'
Federal Labor accuses the Government of continually delaying
calling senior judges to give evidence before a parliamentary
inquiry into the state of the family law system (09 August 2017).
More...
Government accepts all PJCIS recommendations on
Telecommunications and Other Legislation Amendment Bill
2016
Today the Government announced the Government has accepted all
recommendations of the Parliamentary Joint Committee on
Intelligence and Security in its advisory report of 30 June on the
Telecommunications and Other Legislation Amendment Bill
2016 (09 August 2017).
More...
Time to rethink ASIO's compulsory questioning and
detention powers
The Law Council today told a Parliamentary Committee that
ASIO's current questioning and detention powers appear
unnecessary to prevent or disrupt a terrorist act, given other
powers already in operation. The President of the Law Council,
Fiona McLeod SC, said that the current ASIO questioning and
detention powers fail to strike the right balance between
protecting the community while upholding the rule of law (09 August
2017).
More...
IBAC: Former primary school principal sentenced
following IBAC's 'banker school'
investigation
A former primary school principal has been convicted and placed on
a two-year good behaviour bond following a major IBAC investigation
into allegations of corrupt conduct by senior officers of the
Department of Education and Training (DET) (09
August 2017).
More...
Child protection reforms introduced to
Parliament
Some of Queensland's most vulnerable children are a step closer
to forever homes with the introduction of new legislation into
Parliament (09 August 2017).
More...
Pretend "Gumtree" lawyer's bark muzzled by
court to the tune of $20,000
Queensland's peak legal body has fired a warning shot at
uncertified "Gumtree'' gun advisers after one was
fined $20,000 for advertising to give legal advice under the guise
he was legally permitted to do so (08 August 2017).
More...
Federal Government's changes to welfare laws will
give too much power over remote communities to an unelected
bureaucrat
The Federal Government's Welfare Reform Bill contains unfair
and needlessly punishing measures, while giving too much power over
the lives of Aboriginal and Torres Strait Islander people in remote
communities to an unelected bureaucrat, the Human Rights Law Centre
has told a Senate inquiry (08 August 2017).
More...
Legal experts speak up for future prospect of online
courts
The nation's legal system has been described as too expensive
and out of the reach of many people by former High Court judge
Michael Kirby, who is advocating for the introduction of online
civil courts as a way to improve the affordability of justice in
Australia (07 August 2017).
More...
Public servants not liking new social media
restrictions
A simple click or tap of Facebook's 'like' button can
land you in hot water if it's content that doesn't fall
within approved speech of the state. That is if you're a public
servant within the Australian government, as all are now on notice
for the slightest deviation from the permitted script (07 August
2017).
More...
In practice and courts
Modern Slavery Consultation
The first step is an extensive consultation period with industry on
the Government's Modern Slavery in Supply Chains Reporting
Requirement discussion paper. The consultation paper is
available online at the
modern slavery consultation page on the Attorney-General's
Department website. The deadline for submissions is 20 October 2017
(16 August 2017).
More...
OAIC: Australian Red Cross Blood Service data
breach
(07 August 2017)
Australian Red Cross Blood Service data breach
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. 33/2017, 14 August 2017
Issue No. 32/2017, 7 August 2017
Queensland
QLS: Invitation to provide comments
Practitioners are invited to provide their opinions and feedback as
Queensland Law Society policy committees prepare submissions on
legal topics for government inquiries (09 August 2017).
More...
OIC Queensland: Have your say on the development of
uniform metrics on the use of FOI laws in Australia
Australian Information Commissioners and Ombudsmen, within the
remit of each of their jurisdictions and led by NSW, have agreed on
six proposed metrics on Public Use of Freedom of Information Access
Rights: Type of applicant, Application rates per capita, Release
rates, Timeliness and Review rates. Access more information about
the metrics here.
QAO: Use of confidentiality provisions in government
contracts
The objective of this audit is to determine the extent and
appropriateness of the use of confidentiality provisions in
Queensland Government contracts. Table date December 2017.
More...
QAO: Fraud risk management
The objective of the audit is to assess whether agencies
appropriately identify and assess fraud risks, and apply
appropriate risk treatments and control activities to adequately
manage their exposure to fraud risks. Tabling date October 2017.
Contribute now. More...
QAO: Use of confidentiality provisions in government
contracts
The objective of this audit is to determine the extent and
appropriateness of the use of confidentiality provisions in
Queensland Government contracts. Tabling date December 2017.
Contribute now. More...
Published – articles, papers, reports
The Management of Risk by Public Sector
Entities
ANAO: 15 August 2017
The audit objective was to assess how effectively the selected
public sector entities manage risk.
More...
Criminal justice report
Royal Commission into Institutional Responses to Child Sexual
Abuse: 14 August 2017
The Royal Commission into Institutional Responses to Child Sexual
Abuse has released these 85 recommendations aimed at reforming the
Australian criminal justice system, in order to provide a fairer
response to victims of institutional child sexual abuse.
Criminal justice report: executive summary and parts I -
II
Criminal justice report: parts III - VI
Criminal justice report: parts VII - X and appendices
Legal Affairs and Community Safety Committee: Report No.
58, 55th Parliament - Corrective Services (No Body, No Parole)
Amendment Bill 2017
This report presents a summary of the Legal Affairs and Community
Safety Committee's examination of the Corrective Services
(No Body, No Parole) Amendment Bill 2017. The committee's
task was to consider the policy outcomes to be achieved by the
legislation, as well as the application of fundamental legislative
principles.
More...
Commission of Inquiry into Ararat Rural City Council
– report
Commission of Inquiry into Ararat Rural City Council; Frances
O'Brien, John Tanner, Mark Davies: 09 August 2017
This report outlines the Ararat Commission of Inquiry's
findings into Ararat Rural City Council's rating strategy and
administrative capacity. The Ararat Rural City Council failed
comprehensively to act in the interest of the Municipality on some
of the most important functions of any council.
More...
Australia's criminal justice costs: an international
comparison
Andrew Bushnell; Institute of Public Affairs: 08 August
2017
Incarceration in Australia is growing rapidly. The 2016 adult
incarceration rate was 208 per 100,000 adults, up 28 percent from
2006. There are now more than 36,000 prisoners, up 39 percent from
a decade ago.
More...
Cases
Port of Newcastle Operations Pty Ltd v Australian Competition
Tribunal [2017]
FCAFC 124
ADMINISTRATIVE LAW – consideration of an application for
judicial review of a decision made by the Australian Competition
Tribunal – where the Tribunal made an order setting aside a
decision of the Minister not to declare a service under s 44H of
the Competition and Consumer Act 2010 (Cth) and made an
order declaring a service pursuant to s 44K(8) of the Act.
COMPETITION – consideration of the decision of the Full
Court of the Federal Court of Australia in Sydney Airport
Corporation Ltd v Australian Competition Tribunal and Others
[2006] FCAFC 146; (2006) 155 FCR 124 – where declaration
relates to services provided by coal port infrastructure facilities
– scope of s 44H(4)(a) and of s 44H(4)(f) – where
ordinary meaning of "access" in the context of access to
a service is a right or ability to use a service – where the
exercise of power under s 44H calls for a comparison between the
future state of competition in a dependent market with access and
no access to the service or with increased access and restricted
access to the service.
PRACTICE AND PROCEDURE – consideration of the second
respondent's use of a Notice of Contention pursuant to r 36.24
of the Federal Court Rules 2011 (Cth) – where the
Tribunal is not a "court appealed from" and the applicant
has not served a "notice of appeal" within r 36.24
– where no judicially reviewable error is made out.
Onus v Registrar of Aboriginal and Torres Strait Islander
Corporations (No
2)[2017] FCA 922
ADMINISTRATIVE LAW – costs – where decision to appoint
special administrator under the Corporations (Aboriginal and
Torres Strait Islander) Act 2006 (Cth) set aside –
whether applicants entitled to an order that all, or only some, of
their costs be paid by the first respondent.
Fulton v Chief of the Defence Force [2017]
FCA 913
DEFENCE AND WAR – defence members – defence force
personnel – termination of service – redress of
grievance complaint in respect of termination of service in
Australian Defence Force – power exercised by commanding
officer – Defence Regulation 2016 (Cth), regs 24,
42, 43, 45.
ADMINISTRATIVE LAW – Chief of the Defence Force –
review of termination decision – review of redress of
grievance decision – redress of grievance complaint in
respect of termination of service in the Australian Defence Force
– whether procedural unfairness where applicant not given
opportunity to be reheard in investigation conducted on the papers
– whether procedural unfairness where applicant denied access
to personal documents work account – consideration relevant
to judicial review of decision based on opinion as to suitability
to continue as a member of the Australian Defence Force.
Agius v Repatriation Commission [2017]
FCA 935
ADMINISTRATIVE LAW – appeal from Administrative Appeals
Tribunal – where claim for payment at Special Rate under s
24(2)(b) of the Veterans' Entitlement Act 1986 (Cth)
refused by delegate of the respondent – where Administrative
Appeals Tribunal affirmed delegate's decision on the basis of a
misunderstanding of the Full Court's decision in Leane v
Repatriation Commission [2004] FCAFC 83; 81 ALD 625 –
where parties agree that the Tribunal erred and that the appeal
should be allowed – whether Court should finally resolve the
matter rather than remit it back to the Tribunal for rehearing
according to law.
Attia v Health Care Complaints Commission
[2017] NSWSC 1066
ADMINISTRATIVE LAW – appeal – decision of the Civil and
Administrative Tribunal that the plaintiff's registration as a
pharmacist be cancelled – regulatory system for registered
pharmacists – regulatory system for pharmaceutical
wholesalers – interaction of regulatory schemes –
protective legislation and statutory objects – whether the
finding of unsatisfactory professional conduct under s 139B(1)(a)
constituted an error of law because the impugned conduct was
undertaken by the plaintiff as the office holder of a licenced
pharmaceutical wholesaler corporation and not in the practice of a
pharmacy – whether impugned conduct in practice of
practitioner's profession – procedural fairness –
hearing rule – whether the determination by the Tribunal to
take into account matters not within the particulars of the
complaints breach of procedural fairness – notice and
litigation of non-particularised issues – a single stage
process – relevant principles – orders – leave
partially refused – appeal dismissed.
Lather v Roads and Maritime Services
[2017] NSWCATOD 124
ADMINISTRATIVE LAW - Merits Review – authority to drive
private hire vehicle – criminal convictions – good
behaviour bonds – reputation – fit and proper.
DBU v Secretary, Department of Education
[2017] NSWCATAD 257
ADMINISTRATIVE REVIEW – Education and Care Services National
Law – family day care - service approval – breach of
condition of approval – failure to commence ongoing operation
within 6 months – meaning of commence ongoing operation
– whether approval should be cancelled.
JURISDICTION – basis of Tribunal's jurisdiction to
review decision – administrative review jurisdiction –
general jurisdiction – meaning of administrative review in
the Education and Care Services National Law.
McIvor v Commissioner for Fair Trading
[2017] NSWCATAD 258
ADMINISTRATIVE REVIEW - Home Building Act 1989 -
individual contractor licence – fit and proper –
convicted of criminal offences – currently on parole –
no evidence of rehabilitation – community standards.
Barns v Commissioner, Queensland Fire & Emergency
Services [2017]
QCAT 263
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
Commissioner decided not to accept late application for
compensation – whether Tribunal has jurisdiction to review
decision.
Kang v Secretary, Department of Social Services [2017]
FCA 895
ADMINISTRATIVE LAW - On appeal from the Administrative Appeals
Tribunal – decision to revoke disability support pension
– where applicant held to be an attributable stakeholder
pursuant to s 1207X of the Social Security Act 1991 (Cth)
– where 100% of Trust assets attributed to the applicant
personally pursuant to s 1207X of the Act – whether Tribunal
failed to carry out a merits review – whether Tribunal failed
to take into account mandatory relevant considerations –
whether the matter should be remitted to the Tribunal –
whether there is still discretion yet to be exercised by the
Tribunal.
Stirling v Minister for Finance [2017]
FCA 874
ADMINISTRATIVE LAW – application for judicial review of a
decision of a delegate of the Minister for Finance to refuse to
waive a debt owed to the Commonwealth – whether failure to
take into account relevant considerations – whether
irrelevant considerations taken into account – whether the
decision was legally unreasonable. Administrative Decisions
(Judicial Review) Act 1977 (Cth) ss 5(1)(e), 5(2)(a), 5(2)(b),
5(2)(g), 13, 13(1); Migration Act 1958 (Cth) s 430;
Public Governance, Performance and Accountability Act 2013
(Cth) ss 5(c)(iii), 6, 63(1), 63(1)(a).
NuCoal Resources Ltd v Department of Premier and
Cabinet
[2017] NSWCATAD 245
GOVERNMENT INFORMATION - conclusive presumption of overriding
public interest against disclosure – information that would
be privileged from production on the ground of client legal
privilege – in-house lawyers - secondary material also
privileged if that material discloses the privileged
communication.
CTH v The University of New South Wales
[2017] NSWCATAD 244
PRIVACY – Personal Information – Use for purpose
collected – Whether use consistent with purpose collected
– Disclosure within agency – Whether circumstances
amount to disclosure.
Legislation
Commonwealth
New Bills
Social
Services Legislation Amendment (Cashless Debit Card) Bill
2017 – 17 August 2017
Defence
Amendment (Fair Pay for Members of the ADF) Bill 2017
– 16 August 2017
Fair
Work (Registered Organisations) Amendment (Ensuring Integrity) Bill
2017 – 16 August 2017
Electoral
Amendment (Banning Foreign Political Donations) Bill 2017
– 14 August 2017
Australian Bill of Rights Bill
2017
HR 14 August 2017 - It is modelled very closely on the Australian
Bill of Rights Bill 2001 and is intended to give effect to certain
provisions of the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural
Rights and the Convention on the Rights of the Child. The bill also
allows the Australian Human Rights Commission to inquire into any
act or practice that may infringe a right or freedom in the Bill of
Rights and allows for complaints to be made to the Commission. Australian
Bill of Rights Bill 2017
Bills Progress
Statute Update (Winter 2017) Bill
2017
Senate Third reading agreed to 17 August 2017 - Amends: 18 Acts to
modernise language and correct technical errors; six Acts to make
amendments consequential on the Acts and Instruments (Framework
Reform) Act 2015; and five Acts to repeal spent and obsolete
provisions. Also repeals the Aboriginal Land Rights (Northern
Territory) Amendment (Township Leasing) Act 2007, Governor-General
Amendment Act 2003, Stevedoring Industry Act 1961 and Stevedoring
Industry (Temporary Provisions) Act 1968.
Fair Work Amendment (Protecting Vulnerable Workers)
Bill 2017
Senate: Committee of the Whole debate Amendment details: 6
Opposition agreed to 16 August 2017; Committee of the Whole debate
17 August 2017. Amends the Fair Work Act 2009 to: increase
maximum civil penalties for certain serious contraventions of the
Act; hold franchisors and holding companies responsible for certain
contraventions of the Act by their franchisees or subsidiaries
where they knew or ought reasonably to have known of the
contraventions and failed to take reasonable steps to prevent them;
clarify the prohibition on employers unreasonably requiring their
employees to make payments in relation to the performance of
work.
Productivity Commission Amendment (Addressing
Inequality) Bill 2017
Senate Second reading debate 10 August 2017 - Amends the
Productivity Commission Act 1998 to: expand the functions
of the Productivity Commission to include the undertaking of
research on inequality and its effects on the Australian economy
and community; require the commission to have regard in the
exercise of its functions to the need to mitigate the negative
effects of inequality; and provide for reporting requirements.
Australian Border Force Amendment (Protected Information) Bill
2017
Registered 09 August 2017 Introduced HR 09 August 2017 - The
Australian Border Force Amendment (Protected Information) Bill
2017 (the Bill) amends the Australian
Border Force Act 2015 (the ABF Act) to: 1)
repeal the definition of protected information in subsection 4(1)
of the ABF Act, that includes any information obtained in a
person's capacity as an entrusted person, and substitute a
definition of Immigration and Border Protection information, so
that only specific kinds of information are covered by the secrecy
and disclosure provisions in Part 6 of the ABF Act.
Regulations
Census and Statistics (Statistical Information) Direction
2017
09/08/2017 - This direction by the Treasurer to the Australian
Statistician is to collect certain statistical information on
same-sex marriage.
Queensland
Bills Updated in the last week
Corrective Services (No Body, No Parole) Amendment Bill
2017
Introduced by: Hon Y D'Ath MP on 23/05/2017 Stage reached:
Consideration in detail on 9/08/2017.
Child Protection Reform Amendment Bill 2017
Introduced by: Hon S Fentiman MP on 9/08/2017 Stage reached:
Referred to Committee on 9/08/2017.
Subordinate legislation as made
No 134 Evidence Regulation 2017 - Evidence Act 1977 – 11 August 2017.
No 140 Child Protection (Offender Reporting) Amendment Regulation (No. 1) 2017 - Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 – 11 August 2017.
No 146 Statutory Instruments (Exemptions from Expiry) Amendment Regulation 2017 - Statutory Instruments Act 1992 – 18 August 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.