In the media
Domestic Violence Order Scheme comes in to effect
providing nationwide protections
People fleeing family violence will have better
protections from today under the new National Domestic Violence
Order Scheme (NDVOS). Domestic violence orders
issued from 25 November 2017, in any Australian state or territory
will automatically be recognised and enforceable nationwide (25
November 2017).
More...
New innovation and technology hub to tackle the future
of law and the legal profession
Two new strategic alliances between UNSW and Allens and
the Law Society of NSW will aim to tackle the challenges of
technological change and its impact on lawyers, law and the legal
system (24 November 2017).
More...
Data breach hits Department of Social Services credit
card system
The Department of Social Services has written to 8,500
current and former employees warning them their personal data held
by a contractor has been breached. In letters sent in early
November the department alerted the employees to "a data
compromise relating to staff profiles within the department's
credit card management system prior to 2016" (24 November
2017).
More...
Part-time commissioners appointed for review of the
Family Law Act
The Attorney-General has appointed two part-time
commissioners to assist the Australian Law Reform Commission's
first comprehensive review of the family law system. This review is
now underway and is due report to Government in March 2019 (23
November 2017).
More...
New community safety test for parole
The new changes include the introduction of a new test
that SPA will apply when making parole decisions. The test is
called the 'Community Safety Test' and it ensures that
community safety is the SPA's paramount consideration when
making parole decisions (23 November 2017).
More...
Expert panel examining religious freedom supported,
marriage equality should now be passed swiftly
The establishment of an
expert panel, chaired by the Hon Phillip Rudduck, to examine
the human right to religious freedom is a welcome development that
will help uncouple this important debate from the straight-forward
Senator Dean Smith Bill to legalise same-sex marriage (22 November
2017).
More...
PM announces Inquiry into Protection of Religious
Freedom in Australian Law
The Prime Minister has announced that the Cabinet have
appointed former Liberal minister the Hon Philip Ruddock to head an
inquiry which will examine "whether Australian law adequately
protects the human right to religious freedom." (22 November
2017). More...
Holding family violence perpetrators to account
The Andrews Labor Government is taking action to reduce
family violence with a $1.6 million grants package for intervention
programs to hold perpetrators to account (22 November 2017).
More...
Former police officer jailed for selling secret
information
Former Australian Federal Police officer Ben Hampton, who
admitted receiving cash in exchange for secret information, is
sentenced to 22 months in prison (22 November 2017).
More...
HRLC: Doctors, lawyers, experts unite in call to raise
the age of criminal responsibility
Following Universal Children's Day, doctors, lawyers,
health and human rights experts from across Australia are calling
for the age when children can be held criminally liable to be
raised to at least 14 years so that primary school aged children
are not entangled in the criminal justice system (21 November
2017).
More...
Countering violent extremism to keep Victorians
safe
The Andrews Labor Government will strengthen preventative
detention laws as part of a suite of measures to counter violent
extremism and keep Victorians safe, releasing the second report
into Victoria's counter-terrorism laws which made 26
recommendations (20 November 2017).
More...
Brandis may incorporate human rights treaty to SSM
bill
An international human rights treaty may be incorporated
into a bill to legalise same-sex marriage, in an attempt to pacify
conservative members of the Government (18 November 2017).
More...
How sexting is creating a legal minefield for teens and
the courts
Judges are being forced to consider whether to record
serious child pornography convictions against young Australians,
and there are calls for greater clarity around the prosecution of
such cases (18 November 2017).
More...
John Cameron, who sparked MP citizenship crisis, accuses
parties of 'unspoken agreement'
Both major political parties had an "unspoken
agreement" to keep a lid on the ineligibility of each
other's MPs to sit in the Parliament, says the lawyer who
sparked the ongoing citizenship crisis (17 November 2017).
More...
High Court's decision to dismiss Hollie Hughes shows
the constitution needs updating Analysis
About one in six workers in Australia would be deemed
ineligible to run for Parliament under the current rules, including
teachers, police officers, nurses, doctors, public servants (16
November 2017)
More...
Funding for local solutions to local crime
Local businesses, councils and community groups with
grassroots solutions to crime in their local communities have the
chance to apply for up to $250,000 each in grant funding, Attorney
General Mark Speakman and Minister for Police Troy Grant has
announced (16 November 2017).
More...
QLS defends integrity of magistrates court
QLS President Christine Smyth has defended the integrity
of the state's magistrates after recent media attacks (15
November 2017).
More...
Legislation the next hurdle for marriage equality
Lawyers have underscored the importance of ensuring
same-sex marriage legislation does not limit anti-discrimination
protections. After the same-sex marriage postal survey returned a
61.6 per cent 'yes' vote yesterday, all eyes turned to
Canberra for the next stage of the process (16 November 2017).
More...
Marriage Amendment (Definition and Religious
Freedoms) Bill 2017 - Proposed Same-Sex
Marriage Bill
15 November 2017 marked the release of the results of the
Australian Bureau of Statistic's Marriage Equality Postal
Survey. The results found that, of the population of Australians
that voted in the survey, 61.6% voted yes: the law should be
changed to allow same-sex couples to marry. In response to this
majority postal vote, Senator Dean Smith released the Marriage
Amendment (Definition and Religious Freedoms) Bill 2017 (the
Bill) (16 November 2017). More...
Same-sex marriage bill introduced, paving way for debate
on religious exemptions
In a historic moment for the Australian Parliament,
Liberal senator Dean Smith introduces the bill expected to legalise
same-sex marriage (15 November 2017).
More...
QLS demands 2017 electoral commitment to ongoing funding
and roll out of DV courts
Queensland's peak solicitor body has welcomed the
appointment of two new Magistrates to the Southport Domestic
Violence Specialist Court but said while it was a step in the right
direction, the specialist Domestic Violence Courts needed to be
rolled out across the state (14 November 2017).
More...
State political parties must create judicial commission
to ensure a robust and accountable judiciary for all Queenslanders:
says QLS
The state's peak lawyer group is demanding political
parties commit to the creation of an independent judicial
commission to ensure all Queenslanders can be confident they have
an independent, fair and accountable judiciary (13 November 2017).
More...
QLS: CCC charges
Queensland Law Society president Christine Smyth said
"The Society is aware that three people connected to a law
firm have been charged today by the Crime and Corruption
Commission. The lawyers have a duty to report to the Law Society
the details of the charges against them. If substantiated, the Law
Society will take appropriate regulatory action" (11 November
2017).
More...
In practice and courts
AAT Publication of Decisions Policy
The Administrative Appeals Tribunal
(AAT) has revised its
Publication of Decisions Policy. The revised interim policy
replaces the previous practices that largely reflected those that
were in place in the AAT, Migration Review Tribunal and Refugee
Review Tribunal, and Social Security Appeals Tribunal prior to
amalgamation. Under the revised policy, the Tribunal will generally
publish all written decisions in certain types of cases and a
randomly selected proportion of decisions in most of the higher
volume areas of our jurisdiction.
Full implementation of the policy will be undertaken in stages
from 27 November 2017. A copy of the new policy, which contains the
publication targets, is available on the
Tribunal's website.
OAIC: Statement from the Australian Information and
Privacy Commissioner
I am aware of this incident and my office has commenced
inquiries with Uber. It is also a timely reminder to Australian
businesses and agencies of the reputational value of good privacy
practice, with the commencement of the Notifiable Data Breaches
Scheme in February 2018, which will require them to notify any
individuals likely to be at risk of serious harm due to a data
breach (22 November 2017). More...
OAIC: Retailers mandatory data breach reporting
obligations from 2018
From 22 February 2018, retail businesses with an annual turnover
of $3 million or more, or that trade in personal information, will
be required to comply with the Notifiable Data Breaches
(NDB) scheme. It is important to understand your
obligations under the NDB scheme before commencement on 22 February
2018 — find out more, and start preparing for the scheme,
with our draft NDB
resources.
OAIC: GPs, gyms, and childcare centres may have
obligations under the Notifiable Data Breaches scheme — will
your organisation?
Private sector health service providers will be required to notify
affected individuals and the Australian Information Commissioner of
data breaches that are likely to cause serious harm under the Notifiable Data Breaches
(NDB) scheme (14 November 2017).
More...
DIIS consultation: data on digital future
This paper is the start of the conversation with all
Australians and we're asking for your ideas to help develop the
strategy. Your responses will help the government to identify the
key issues, challenges and opportunities. The paper considers the
broader digital economy, including enabling and supporting the
digital economy (through digital infrastructure, standards and
regulation, and trust, confidence, and security). Consultation
closes on 30 November 2017.
More...
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. 47/2017, 20 November 2017
Issue No. 46/2017, 13 November 2017
High Court of Australia (17 November 2017)
NOTICE - Reference by the Senate to the Court of Disputed
Returns:
Mr Stephen Parry
NOTICE - Reference by the Senate to the Court of Disputed Returns:
Ms Jacqui Lambie
Senator Paterson - Marriage Amendment (Definition
and Protection of Freedoms) Bill 2017 – draft
This is a draft Bill for an Act to amend the law relating
to the definition of marriage and to protect freedom of thought,
conscience, religion, expression and association, and for related
purposes (13 November 2017).
More...
Law Council of Australia Submissions
20 November 2017— Law Council:
Australia's Draft Report to the Committee on the Convention on
the Rights of the Child
Forces of Change – Defining Future Justice
Conference 2018
The Australasian Institute of Judicial Administration is
pleased to announce the Forces of Change – Defining Future
Justice Conference will be held at the Stamford Plaza Brisbane,
Queensland from 24 – 26 May 2018. More...
Queensland
Queensland Courts: Treatment of witnesses, parties and
lawyers
The justice system depends on witnesses and parties being
able to attend court and give evidence without undue influence or
pressure. This includes protection from vilification, in any form
of communication, which may prejudice a pending proceeding, as well
as protection from physical obstruction (13 November 2017).
More...
Amended Magistrates Court Practice Direction
The Chief Magistrate has issued Practice Direction 1
of 2017 (Amended) Mental Health Act 2016 proceedings in the
Magistrates Courts which is available on the courts
website (amended 13 November 2017). The amendment is to
paragraph 2 and arises from the decision in the matter of
Kenneth Charles Rankin; Sunil Kumar; Benjamin James
Sciortino
[2017] QMHC 008.
QLS: Court of Appeal two-monthly sitting system
The Court of Appeal has proposed to adopt a system of
two-monthly sittings. Call-overs for the first of these sittings
will be held in November, with the first of the two-monthly
sittings in February and March 2018.
More...
QLS calls for action in 2017 State Election
Following the announcement of the 2017 Queensland State
Election for Saturday 25 November, Queensland Law Society has
released our
Call to Parties. This document highlights the 10
priority legal and social justice issues for both parties to
consider as matters of priority for Queensland's nearly 13,000
solicitors.
More...
Sentencing Council: Sentencing for child homicide
The Council will be reviewing sentencing for child
homicide as outlined in a
Terms of Reference from the Attorney-General and Minister for
Justice Yvette D'Ath. The 12-month review will focus on
sentencing for offences involving the unlawful death of a child.
Key dates; open until 13 December 2017. 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 is December 2017. More...
CCC Prosecutions
Gold Coast woman charged with perjury -17 November 2017
Nambour man charged with child exploitation offences - 14 November
2017
Three men charged following legal profession investigation - 11
November 2017
Published – articles, papers, reports
Corporate planning, performance statements and risk
management under the PGPA Act
ANAO: 21 November 2017
The Commonwealth Parliament regulates Australian Government
entities through the Public Governance, Performance and
Accountability Act — the PGPA Act. The Act establishes a
system of governance, performance and accountability for resources
managed by entities. This edition of audit insights looks at recent
ANAO audit activity reviewing entities implementation of key
components of the PGPA: risk management, corporate planning and
performance statements.
More...
Corruption risks associated with the corrections
sector
Independent Broad-based Anti-Corruption Commission
(IBAC): 22 November 2017
This report analyses the major corruption issues associated
with the corrections sector, drawing on research and case studies
in Victoria, and from across Australia and internationally. More...
Expert panel on terrorism and violent extremism
prevention and response powers – report 2
Ken Lay, David Harper; Government of Victoria: 20
November 2017
The second report made 26 recommendations relating to
countering violent extremism, disengagement programs, the
legislative definition of a 'terrorist act', support and
engagement orders, preventative detention orders for minors, and
post-sentence supervision of high risk terrorist offenders. More...
The process of federal redistributions: a quick
guide
Damon Muller; Parliamentary Library (Australia): 14
November 2017
This guide focuses on federal electoral boundary
redistributions and the process involved.
More...
A framework for monitoring the performance of the
Independent Broad-based Anti-corruption Commission
Independent Broad-based
Anti-corruption Commission
(IBAC) Committee (Vic): 14 November 2017
This report outlines a framework for more systematic
monitoring of IBAC, based on best practice principles to enhance
its current oversight work.
More...
Cases
A
B Hill Constructions Pty Ltd v Queensland Building and Construction
Commission [2017]
QCAT 391
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
whether desirable to make a stay order in respect of a decision to
suspend a builder's licence – where applicant failed to
meet Minimum Financial Requirements Policy conditions – where
stay granted subject to applicant's undertaking to report
financial data to the Queensland Building and Construction
Commission weekly.
'NB'
and Australian Sports Anti-Doping Authority (Freedom of
information) [2017]
AICmr 114
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
the public interest to release conditionally exempt documents
— (CTH) Freedom of Information Act 1982, ss 11A(5)
and 47E(d).
Paul
Farrell and Australian Federal Police (Freedom of
information) [2017]
AICmr 113
Freedom of Information — Information as to the
existence of certain documents — Documents affecting
enforcement of law — (Cth) Freedom of Information Act
1982 ss 25 and 37.
Maurice
Blackburn Lawyers and Australian Securities and Investments
Commission (Freedom of information) [2017]
AICmr 111
Freedom of Information — Whether material obtained
in confidence — (CTH) Freedom of Information Act
1982 s 45.
Paul
Kaszyckyj and Australian Taxation Office (No. 2) (Freedom of
information) [2017]
AICmr 110
Freedom of Information — Whether disclosure of
personal information unreasonable — Whether contrary to the
public interest to release conditionally exempt documents —
(CTH) Freedom of Information Act 1982 ss 11A and 47F.
Caratti
v Commissioner of the Australian Federal Police [2017]
FCAFC 177
ADMINISTRATIVE LAW – appeal from orders
substantively dismissing application for judicial review pursuant
to the Administrative Decisions (Judicial Review) Act 1997
(Cth) and s 39B of the Judiciary Act 1903 (Cth) in
relation to the decision to issue search warrants under s 3E of the
Crimes Act 1914 (Cth). CRIMINAL LAW – practice and
procedure – search warrants.
LFDB
v SM [2017]
FCAFC 178
PRIVATE INTERNATIONAL LAW – appeal from the
dismissal by the primary judge of an application under s 72(1) of
the Trans-Tasman Proceedings Act 2010 (Cth) to set aside
the registration of a judgment of the High Court of New Zealand in
relation to proceedings under the Property (Relationships) Act
1976 (NZ) – whether enforcement of judgment would be
contrary to public policy in Australia - Constitution, s
51(xxxvii).
Amos
v Wiltshire [2017]
QCA 279
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND
TERRITORY COURTS – TRIAL – DISMISSAL OF PROCEEDINGS
– GENERALLY – where the respondent brought a claim
against the applicant in 2009 – where the respondent was
successful at first instance but the Court of Appeal ordered a
retrial – where the respondent applied for special leave to
the High Court of Australia and instituted other proceedings
relevant to the appeal judgment – where the respondent has
not taken steps to proceed to a retrial as ordered by the Court of
Appeal – where seven years have passed since the Court of
Appeal ordered a retrial – where the primary judge dismissed
the proceedings for want of prosecution because of the
respondent's failure to take steps and the risk of unfairness
to the applicant – whether the respondent has taken a step in
the proceedings – whether there is a substantial risk of
unfairness to the applicant – whether the primary judge erred
in dismissing the proceedings.
Burragubba
v Minister for Natural Resources and Mines & Anor (No
2) [2017]
QSC 265
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
PROCEDURE AND EVIDENCE – COSTS – where the applicants
were unsuccessful in their application – whether costs should
follow the event or an alternative order should be made.
Geordie
Lawrie trading as G & D Lawrie Builders v Queensland Building
and Construction Commission [2017]
QCAT 379
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
whether desirable to order a person to be joined as a party to
review proceeding – where applicant sought review of
Direction to Rectify defects issued by Queensland Building and
Construction Commission – where applicant sought to join
third party alleged to be responsible for defective work –
where remedial work already carried out.
Legislation
Commonwealth
Judiciary
Amendment (Commonwealth Model Litigant Obligations) Bill
2017
15/11/2017 - This Bill requires the Attorney-General
to oblige Commonwealth litigants to act as model litigants, in line
with current practice. It establishes a process by which the
Commonwealth Ombudsman can investigate complaints regarding
contraventions of these obligations, and requires the Ombudsman to
include details of these complaints in annual reports. It empowers
a court to order a stay of proceedings and, if it is satisfied of a
contravention, to make any order it considers appropriate.
Marriage
Amendment (Definition and Religious Freedoms) Bill
2017
16/11/2017 – This Bill amends the Marriage
Act 1961 (Cth) to remove the restrictions that limit marriage
in Australia to the union of a man and a woman. The Bill will allow
two people the freedom to marry in Australia, regardless of their
sex or gender. The Bill also recognises foreign same-sex marriages
in Australia. The requirements for a legally valid marriage
otherwise remain the same under the Marriage Act.
Public
Governance, Performance and Accountability Amendment (Executive
Remuneration) Bill 2017
16/11/2017 – This Bill seeks to establish caps
on the remuneration paid to senior executives in the Commonwealth
public service as well as annual reporting requirements regarding
this remuneration. Clause 2: This clause provides for the Act to
commence on 1 July 2018.
Acts
Freedom
of Information Act 1982
Act No. 3 of 1982 as amended – 13/11/2017.
Regulations
Parliamentary
Business Resources Regulations 2017
21/11/2017 - This instrument prescribes the public
and other resources that may be made available to members of
parliament for the conduct of their parliamentary business under
the Parliamentary Business Resources Act 2017.
Queensland
Subordinate legislation as made
No 227: Domestic and Family Violence Protection (Interstate and Foreign Orders) Amendment Regulation (No. 2) 2017 – 17 November 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.