In the media
Flawed citizenship-stripping Bill shouldn’t be
passed
The Law Council of Australia has reiterated its strident
opposition to the Federal Government’s proposed
citizen-stripping laws, which could render people stateless, do not
adhere to international obligations and remain under a
constitutional cloud (14 February 2019). More...
Police airport powers recommendations strike balance
between security and human rights
Australian airports will be safer and the rights of
individuals better protected if a raft of recommendations are
applied to the Police Powers at Airports Bill, according to the Law
Council of Australia (13 February 2019). More...
Scott Morrison suffers historic defeat as Labor and
crossbench pass medevac bill
The Morrison government has suffered a historic defeat,
losing the first substantive vote on the floor of the House of
Representatives since 1929, after Labor and the crossbench stared
down a bare-knuckle tactical offensive by the Coalition, including
late advice that the medical evacuations bill was unconstitutional
(13 February 2019). More...
High court rejects attempt to challenge Australia's
indefinite detention regime
The high court has rejected an attempt to reopen a
controversial ruling which effectively enabled indefinite
immigration detention in Australia. The full bench in Canberra took
the highly unusual step of delivering an immediate judgement, after
a tumultuous day which saw the plaintiff’s lawyers seek to
stop them hearing the case and have it sent back to a single judge
for reassessment (13 February 2019). More...
'We cannot remain silent': Queensland
clinicians' fears on electronic medical record
Clinicians at Queensland's public hospitals say they
“cannot remain silent” in the face of patient safety
risks related to Queensland Health’s integrated electronic
medical record project (13 February 2019). More...
Queensland Health Minister backs discrimination
ruling
Queensland Health Minister Steven Miles has backed a
high-profile discrimination finding against his department,
despite his officials weighing an appeal against the $1.5 million
judgment (13 February 2019). More...
‘Revenge porn’ now a criminal offence
People convicted of sharing ‘revenge porn’
could face up to three years’ jail time after the Queensland
Government passed laws making it an offence (13 February 2019).
More...
New youth justice initiatives aim to support young
people and communities
The Queensland Government is investing $17 million into
new and improved initiatives in the youth justice system aimed at
improving the outcomes for young people engaged with the youth
justice system, their families and their communities (13 February
2019). More...
Legal aid lawyers more efficient than publicly funded
private lawyers
Preliminary results presented at the 6th Annual Applied
Research in Crime and Justice Conference show that publicly funded
cases assigned to private lawyers are less likely to be dealt with
summarily (i.e. in a Local Court) and are less likely to be
committed for sentence than cases dealt with by in-house legal aid
lawyers (13 February 2019). More...
CIC vital but must uphold separation of powers
Constitutional conflict could occur if a Federal Judicial
Commission to investigate alleged judicial misconduct is not
separated from the Federal Government’s proposed Commonwealth
Integrity Commission (CIC), the Law Council of
Australia has stated (12 February 2019). More...
Data breaches prompt wake-up call
The Australian Information Commissioner and Privacy
Commissioner has reported that 262 data breaches involving personal
information were notified to her office between October and
December 2018, prompting the Australian Cyber Security Centre to
call on all organisations to step up their efforts to protect
themselves (11 February 2019). More...
Sacked Newman minister wins $1.5m payout for hospital
board job 'discrimination'
The Queensland Civil and Administrative Tribunal has
awarded nearly $1.5 million to onetime Newman government assistant
health minister Dr Chris Davis, saying he was deliberately
overlooked for a medical position at Royal Brisbane and Women's
Hospital in 2014 (11 February 2019). More...
Convicted killers to face tougher sentences in
Queensland
Killers whose callous disregard has led to the death of
their victims will, if convicted, face life in jail under new
Palaszczuk Government legislation. The Palaszczuk Government
decided to expand the definition of murder following the release of
the Queensland Sentencing Advisory Council’s Sentencing for
criminal offences arising from the death of a child (11 February
2019). More...
New South Wales coal mine ruled out due to climate
change, in landmark court decision
Australia’s coal-lump caressing prime minister
won’t speak its name, but a NSW judge has cited climate
change in a landmark ruling blocking plans to develop an open-cut
coal mine in the state’s Hunter Valley region (8 February
2019). More...
In practice and courts
Queensland
OIC Queensland: Audit of information management
maturity
Queensland’s Office of the Information
Commissioner’s audit report on departmental information
management was tabled in Parliament. This report presents
Queensland Government departments’ reported targets for
information management, and their self‑assessed information
management maturity (14 February 2019). More...
QAO: Regulatory compliance
Regulatory compliance is an entity's adherence to
laws, regulations, policies and guidelines relevant to its business
processes. This article shows you how we evaluate the effectiveness
of regulatory compliance and provides our insights on what entities
can do to ensure they continue to meet their obligations (11
February 2019). More....
Queensland Land Court Practice Directions
Procedure for deciding compensation disputes
and conduct and compensation disputes
Land Court and Land Appeal Court of Queensland, 3 of 2019
(06/02/2019)
Practice Directions
Re-Opening of Townsville Registry
Supreme Court of Queensland, 3 of 2019
Published - articles, papers, reports
The practice of dowry and the incidence of dowry abuse
in Australia
Senate Standing Committee on Legal and Constitutional
Affairs. On 26 June 2018, the Senate referred the practice of dowry
and the instance of dowry abuse in Australia to the Legal and
Constitutional Affairs References Committee for inquiry and report
by 6 December 2018. This report was made public on 13 February
2019. More...
OAICnet
For the latest news about our activities, publications and
other relevant information. The first issue for 2019 is now here.
Cases
Boyd v Automattic,
Inc [2019] FCA 86
PRACTICE AND PROCEDURE – Application for
interlocutory injunctions prior to the commencement of proceedings
– respondents domiciled in United States of America –
applicant seeks orders requiring the Respondents to disclose
details relating to the identity of the publisher of allegedly
defamatory material, requiring the Respondents to suspend the
domain name and publication of a website, and restraining the
publisher of the site from publishing any further defamatory
material – application for disclosure of identity to be
treated as application for preliminary discovery pursuant tor 7.22
of the Federal Court Rules 2011 (Cth) – where Respondents
host the website in question and are in possession of information
about the identity of publishers but prevented from releasing it
without a court order – circumstances justify the making of
an order for preliminary discovery for the purposes of commencing
defamation litigation – application otherwise
dismissed.
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s
9(3); Federal Court Rules 2011 (Cth), rr 7.22, 10.42, 10.43, Sch 1;
Civil Law (Wrongs) Act 2002 (ACT), s 118; United States
Code, Title 28.
Paul Farrell and Department of
Home Affairs (Freedom of information) [2019]
AICmr 5
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 is unreasonable
— whether disclosure would unreasonably affect an
organisation in respect of its lawful business affairs —
whether contrary to public interest to release conditionally exempt
documents — Freedom of Information Act 1982 (Cth) ss
11A(5), 42, 47E, 47F and 47G.
Dean and Comcare
(Compensation) [2019] AATA 99
PRACTICE AND PROCEDURE – Workers’ compensation
– access to documents returned under summons – medical
evidence - relevant principles – where diagnosis of the
accepted injury is challenged by Comcare – privacy –
objection to access to documents disallowed.
Administrative Appeals Tribunal Act 1975, ss 37, 39, 40A,
40B.
Work Health Authority v Outback
Ballooning Pty Ltd [2019] HCA
2
Constitutional law (Cth) – powers of Commonwealth
Parliament – territories – inconsistency between
Commonwealth and Territory laws – where Commonwealth civil
aviation law regulates matters preparatory to and subsequent to
aircraft flight including embarkation and disembarkation of
passengers – where Commonwealth law implements and extends
international obligations designed to achieve uniformity in
regulation of civil aviation – where Territory law regulates
work health and safety – whether Commonwealth law designed to
operate within framework of other State, Territory and Commonwealth
laws – whether Commonwealth law contains implicit negative
proposition that it is only law with respect to safety of persons
affected by operations of aircraft including embarkation –
whether Territory law inconsistent with Commonwealth law.
Words and phrases – "Alter, impair or detract
from", "anti-exclusivity clause", "Chicago
Convention", "civil aviation", "cover the
field", "embarkation", "implicit negative
proposition", "indirect inconsistency",
"intention to deal completely, exhaustively or
exclusively", "legislative intention",
"nationally harmonised laws", "operations associated
with aircraft", "rule of conduct", "safety
standards", "subject matter".
Constitution, ss 109, 122.
'PT' and Aged Care
Quality and Safety Commission (Freedom of
information) [2019] AICmr 3
Freedom of Information — Whether access is to be
given to a qualified person — Freedom of Information Act
1982 (Cth) s 47F(5).
Agriwealth Capital Limited v
Commissioner of Taxation [2019] FCA
56
TAXATION – Applicant applied for a public (product)
ruling in respect of its timber project for the 2018 year –
respondent Commissioner declined to issue the ruling –
applicant applied for a statement under s 13 of the
Administrative Decisions (Judicial Review) Act 1977
(Cth).
ADMINISTRATIVE LAW – Applicant applied for a public (product)
ruling in respect of its timber project for the 2018 year –
respondent Commissioner declined to issue the ruling –
applicant applied for a statement under s 13 of the
Administrative Decisions (Judicial Review) Act 1977 (Cth)
– Commissioner took the view that his decision was not a
decision to which the ADJR Act applied and that therefore he had no
duty under s 13 of that Act to furnish such a written statement to
the applicant – nonetheless the Commissioner set out
“the reasons why” he had declined to issue a product
ruling, and “the findings on material underpinning those
reasons” – whether Commissioner’s declining to
issue a ruling a decision under an enactment for the purposes of
the ADJR Act – whether Commissioner had substantially
complied as a matter of fact with the requirements of s 13 of the
ADJR Act, if it applied – whether Commissioner’s
decision declining to issue the ruling was “accompanied
by” a later statement purporting to set out findings of
facts, referring to the evidence or other material on which those
findings were based and the reasons for the decision –
whether as a matter of discretion the Court should order the
respondent Commissioner to furnish an additional statement.
Coshott v Parker
[2019] FCAFC 14
STATUTORY INTERPRETATION – Whether leave to appeal
necessary – whether, where general retaining lien maintained,
statute-barred debts nevertheless payable in deceased estate
administration under Limitation Act 1969 (NSW) s 68
– whether holder of general retaining lien a
“creditor” within meaning of Probate and
Administration Act 1898 (NSW) s 82(1).
Federal Court of Australia Act 1976 (Cth) s 24(1A)
Limitation Act 1969 (NSW) ss 14, 63, 68
Hocking v Director-General of
the National Archives of Australia [2019]
FCAFC 12
ADMINISTRATIVE LAW – Applicant sought access under
the Archives Act 1983 (Cth) (the Act) to
records, being the originals of correspondence received by, and
contemporaneously made copies of correspondence sent by, the former
Governor-General, Sir John Kerr, or his Official Secretary, to and
from The Queen by means of Her Private Secretary – whether
those records a “Commonwealth record”, being records
that were the property of the Commonwealth, such that public access
to them was governed by Div 3 of Pt V of the Act.
CONSTITUTIONAL LAW – Consideration of relationship between
the Governor-General and the Commonwealth – consideration of
relationship between the Governor-General and The Queen of
Australia.
Romark Design Constructions Pty
Ltd v Queensland Building and Construction Commission
[2019] QCAT 21
ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL – Procedure – where respondent
seeks previous decision be vacated – where respondent
consented to amendment of application at first instance –
where respondent now contends amendment is beyond the powers of the
Tribunal.
Davis v Metro North Hospital and
Health Service & Ors [2019] QCAT
18
HUMAN RIGHTS – DISCRIMINATION LEGISLATION –
GROUNDS OF DISCRIMINATION – DISCRIMINATION DUE TO POLITICAL
OR RELIGIOUS BELIEFS – Where applicant formerly involved in
state politics – where applicant resigns from politics after
being fired as Health Minister for publicly criticising government
policies – where applicant was qualified and sole candidate
for senior medical position – whether decision to not employ
applicant was because of applicant’s political beliefs and
activities – whether applicant should be awarded general
damages for personal impact of decision – whether applicant
should be awarded damages for past and future economic loss –
whether applicant should be awarded aggravated damages.
Legislation
Commonwealth
Human Services Amendment
(Photographic Identification and Fraud Prevention) Bill
2019
Introduced HR 14/02/2019 - If enacted, the Human Services
Amendment (Photographic Identification and Fraud Prevention) Bill
2019 (the Bill) will require photographic
identification on Medicare cards to mitigate against fraudulent use
by someone other than the person to whom it is allocated.
Combatting Child Sexual
Exploitation Legislation Amendment Bill 2019
Introduced HR 14/02/2019 - The Bill protects children from
sexual exploitation by improving the Commonwealth framework of
offences relating to child pornography material and child abuse
material, overseas child sexual abuse, forced marriage, failing to
report child sexual abuse and failing to protect children from such
abuse.
National Disability Insurance Scheme
Amendment (Worker Screening Database) Bill 2019
Introduced HR 13/02/2019 - The National Disability
Insurance Scheme Amendment (Worker Screening Database) Bill 2019
(Bill) amends the National Disability
Insurance Scheme Act 2013 (Act) to establish
a database for nationally consistent worker screening, for the
purpose of minimising the risk of harm to people with disability
from those who work closely with them.
Ministers of State (Checks for
Security Purposes) Bill 2019
Introduced HR 12/02/2019 - The purpose of the Ministers of
State (Checks for Security Purposes) Bill 2019 is to ensure that
the Prime Minister is fully informed of any security issues that
may arise from the personal background and circumstances of persons
who have been appointed as Ministers of State including Assistant
Ministers and Parliamentary Secretaries. Ministers of State
are currently exempt from the security checking and clearance
processes that apply to all Australian Government personnel who are
allowed access to security classified government
information.
Regulation
Marriage (Celebrant Professional
Development) Statement 2019
14/02/2019 - This instrument sets out a list of
professional development activities registered marriage celebrants
can choose from to meet their ongoing professional development
obligations for 2019.
Jury Exemption Regulations
2019
11/02/2019 - These regulations remake the Jury Exemption
Regulations 1987 with minor amendments to ensure the regulations
remain fit for purpose and meet the needs of the community.
Queensland
Bills Updated
Criminal Code and Other Legislation
Amendment Bill
Introduced by: Hon Y D'Ath MP on 12/02/2019
Stage reached: Referred to Committee on 12/02/2019
Police Service Administration
(Discipline Reform) and Other Legislation Amendment
Bill
Introduced by: Hon M Ryan MP on 13/02/2019
Stage reached: Referred to Committee on 13/02/2019
Criminal Code and Other Legislation
(Mason Jett Lee) Amendment Bill
Introduced by: Mr D Janetzki MP on 13/02/2019
Stage reached: Referred to Committee on 13/02/2019
Criminal Code (Non-consensual
Sharing of Intimate Images) Amendment Bill 2018
Introduced by: Hon Y D'Ath MP on 22/08/2018
Stage reached: PASSED on 13/02/2019
Subordinate legislation as made – 15 February
2019
No 7 Proclamation—Crime and Corruption
and Other Legislation Amendment Act 2018 (commencing remaining
provisions)
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.
