In the media
Police query 'sensitivities' of removing
anti-Adani traditional owners from land
After the Queensland Government extinguished native title
over the Adani mine site this week, police are concerned a clash is
likely between mine workers and traditional owners who have set up
a protest camp (31 August 2019).
More...
Law Council of Australia statement regarding the arrest
of Dr Yang Hengjun
The Law Council strongly supports remarks by the Minister
for Foreign Affairs, Senator the Hon Marise Payne, concerning the
formal arrest of Dr Yang Hengjun on suspicion of espionage in
China. His treatment by Chinese authorities appears to constitute
several breaches of the United Nations' Basic Principles of the
Role of Lawyers (28 August 2019).
More...
Human element a key factor in data breaches
National figures on data breaches show about one in three
data breaches last quarter were caused by compromised credentials,
with log in and password information used to gain unauthorised
access to personal information (27 August 2019).
More...
Judge tells John Setka his proposed expulsion from Labor
'not within the court's jurisdiction'
The Supreme Court of Victoria dismisses a bid by union
boss John Setka to stop a vote to have him expelled from the
Australian Labor Party, with the court ruling it does not have the
jurisdiction to decide the matter (27 August 2019).
More...
Statement On Judicial Commission Investigation
I have been advised by the Judicial Commission of Victoria
that it has dismissed an allegation of misconduct concerning State
Coroner Judge Sara Hinchey. On 8 April 2019, the Commission
announced that it has referred a complaint to an investigating
panel (27 August 2019).
More...
Census planners to test privacy risks
Specialist research and advisory consultant, Galexia has
been selected by the Australian Bureau of Statistics
(ABS) to undertake a privacy impact assessment on
plans for the 2021 Census of Population and Housing (26 August
2019).
More...
Victims to have their say on wage theft
The Labor Government is holding forums across Victoria and
will consult a range of employer groups and unions to ensure the
new laws are fair. The government is making the underpayment of
wages, as well as the withholding of entitlements such as penalty
rates, superannuation and leave a criminal offence (26 August
2019).
More...
Police to crack down on protesters using 'locking
devices' laced with booby traps
Queensland police will be given new powers to target
protesters who use "locking devices" that are being laced
with booby traps, Premier Annastacia Palaszczuk says (20 August
2019).
More...
Government official who allegedly faked
'anonymous' complaint faces inquiry
The Queensland corruption watchdog orders an investigation
into two Workplace Health and Safety officials accused of misusing
their "authority and powers" to help CFMEU officials gain
access to a worksite (20 August 2019).
More...
Queensland courts ban offenders from owning
animals
Queensland Courts have banned 260 offenders from owning
animals, a new report by the Queensland Sentencing Advisory Council
revealed. The new Sentencing Spotlight on
Animal welfare offences analysed 13 years of sentencing data
shedding light on the penalties imposed (19 August 2019).
More...
In practice and courts
Draft Religious Freedom Bills
The Australian Government invites submissions on a package
of legislative reforms on religious freedom. These are the:
Religious Discrimination Bill 2019; Religious Discrimination
(Consequential Amendments) Bill 2019 and Human Rights Legislation
Amendment (Freedom of Religion) Bill 2019. The draft Bills are
available on the
Attorney-General's Department website. Submissions on the
Bills close on 2 October 2019.
Whole of Australian Government Legal Services
Panel
The Whole of Australian Government Legal Services Panel
commenced on 15 August 2019. Alongside the panel, Commonwealth
agencies can use AGS for any legal work at any time. Participating
agencies must use the panel for new legal services procurements
from 15 August 2019, subject to some exemptions.
More...
Queensland
Attorney-General: Learn how to effectively resolve
disputes
The Department of Justice and Attorney-General is offering
training for people interested in becoming accredited mediators in
commercial, workplace, neighbourhood and family matters. For more
information about Mediation Level 1 and Level 2 courses, and to
register click here (26 August
2019).
More...
Practice directions
The Chief Judge of the District Court of Queensland has
issued the following practice direction:
Practice Direction 7 of 2019—Designation of court
holidays registry
Practice Direction 8 of 2019—Evidence Act
QAO: Financial Reporting Requirements (FRRs) and the new
accounting standards
Queensland Treasury Financial Reporting Requirements
(FRRs) for 2017–18 are available on
Queensland Treasury's website (21 August 2019).
More...
QLS: Centrelink's compliance program
21 August 2019 - On 31 July 2019, the Senate referred to
the Senate Community Affairs References Committee an inquiry into
Centrelink's compliance program, particularly the
Government's automated debt collection
practices. This is the Committee's second
inquiry into Centrelink's compliance program. Read the final
report of that inquiry
here. Please provide
your feedback to the Legal Policy Team by 30 August 2019.
QLS: Titles registry—Witnessing requirements
A new draft Part 61 of the Land Title Practice Manual has
been released outlining revised practice requirements for
witnessing titles registry instruments. The revised requirements
implement amendments to the Land Title Act 1994 and the
Land Act 1994 which are expected to commence in the coming
months. Please provide your feedback to the Legal Policy Team by
Friday, 30 August 2019.
More...
Royal Commission into violence, abuse, neglect and
exploitation of people with disability
The Office of the Royal Commission is now accepting
submissions to the above
Inquiry.
Current Consultations
Department of Justice and Attorney-General
Proposed reforms to child sexual offence laws Closes 20
September 2019
Consultation on draft legislation proposing reforms to child sexual
offence laws.
Current Consultations
Discussion paper - changes to the Child Protection Act
1999 - Have your say about options for changes to the
child protection legislation. Closes 06 September 2019
OIC QLD: Masterclass - Advanced Privacy Complaint Handling
An advanced privacy complaint handling workshop will be held on 21 October 2019. While agencies may not have any control over whether a privacy complaint is made against them they have full control over how they respond to the complaint (August 2019). More...
Published - articles, papers, reports
Discussion paper: a model for positive human rights
reform
Australian Human Rights Commission: 29 August 2019
This paper outlines what our current system of human rights
protections looks like, how it is and isn't effective in
ensuring that government respects, protects and fulfils our human
rights, why reforming the current system is critical, and options
for reform Discussion
paper: a model for positive human rights reform
Australia's implementation of the OECD Anti-Bribery
Convention
Cat Barker, Foreign Affairs, Defence and Security: 28
August 2019
The recommendations in the two reports provide a useful starting
point for consideration of measures to further improve
Australia's compliance with the Convention and its broader
response to foreign bribery.
More...
Annual Report 2018–19
VAGO: Tabled 29 August 2019
This report covers the activities of VAGO for the period 1 Cover of
the Annual Report 2018-19, July 2018 to 30 June 2019. More...
Managing Registered sex offenders
VAGO: Tabled 28 August 2019
Victoria's sex offender registration scheme requires registered
sex offenders (RSOs) to keep police informed of
key personal details throughout a determined reporting period. This
audit examined whether Victoria Police has the governance structure
and organisational capability and capacity to manage RSOs.
More...
Report on the appointment of a Parliamentary Integrity
Adviser
Legislative Council Privileges Committee (Vic),
Legislative Assembly Privileges Committee (Vic)
Parliament of Victoria: 29 August 2019
This report outlines the scope of the position of Parliamentary
Integrity Adviser in Victoria. More...
Independent review into sex discrimination and sexual
harassment, including predatory behaviour, in Victoria Police:
Phase 3 audit and review
Victorian Equal Opportunity and Human Rights Commission:
27 August 2019
The Victorian Equal Opportunity and Human Rights Commission has
released this third report from its independent review into sex
discrimination and sexual harassment in Victoria Police. The report
identifies the significant progress Victoria Police has made on
gender equality since 2015, while highlighting the ongoing work and
commitment needed to stamp out workplace harm. More...
Young people returning to sentenced youth justice
supervision 2017–18
Australian Institute of Health and Welfare: 27 August
2019
This research finds that of young people aged 10–17, who were
under youth justice supervision at some time from 2000–01 to
2017–18, 41% returned to supervised sentence before turning
18. Of young people aged 10–16 in 2016–17 and released
from sentenced community-based supervision, 24% returned to
sentenced supervision in 6 months, and 47% within 12 months. More...
Government Advertising: June 2015 to April 2019
ANAO Report No 7: 26 August 2019
The objective of this audit is to assess the effectiveness of the
Department of Finance's and selected entities'
implementation of the Australian Government's campaign
advertising framework.
More...
OAIC Corporate Plan 2019–20
23 August 2019 - Our Corporate Plan for 2019–20 sets
out our vision for increasing public trust and confidence in the
protection of personal information and access to government-held
information.
More...
Jurors, social media and the right of an accused to a
fair trial
Jemma Holt; Tasmania Law Reform Institute: 20 August
2019
Jurors' use of social media and other internet activity during
criminal trials is the focus of research underway at the Tasmania
Law Reform Institute (TLRI). There has been
limited research in this area in Australia and overseas. The
prevalence of juror misconduct of this kind remains largely
unknown. More...
Implementation of the 'Smith Review' and
progress in strengthening protective security procedures, practices
and culture: 12 month follow up review
Peter Vardos; Department of the Prime Minister and Cabinet
(Australia): 19 August 2019
This review considers progress to date in strengthening
PM&C's protective security procedures, practices and
culture protective security culture. It also includes
recommendations to guide ongoing efforts to mature protective
security culture across the department and broader Australian
Public Service. More...
Cases
Roadshow Films Pty Limited v Telstra Corporation
Limited [2019] FCA
1328
INTELLECTUAL PROPERTY – Copyright –
application for injunction under s 115A of the Copyright Act
1968 (Cth) – carriage service providers – whether
online locations outside Australia infringed or facilitated the
infringement of copyright works – whether online locations
has the primary purpose or the primary effect of infringing or
facilitating an infringement of copyright – injunction
granted
Copyright Act 1968 (Cth) ss 90, 115A, 126, 184; Copyright
(International Protection) Regulations 1969 (Cth) reg 4
Telecommunications Act 1997 (Cth) s 313(3)
Australian Broadcasting Corporation v Kane
[2019] FCA 1312
PRACTICE AND PROCEDURE – interlocutory application
– application for notice to produce to be set aside –
application for leave to file amended originating application
– application for order under rules 20.13 and 20.15 of the
Federal Court Rules 2011 (Cth) requiring the second and third
respondents to give discovery of documents – applicant
seeking information on oath when warrant under challenge was issued
– notice to produce and application for discovery filed in
context of exercise of intrusive law enforcement powers –
sufficient definition of the issues required to enable the Court to
see a real issue, proof of which would be assisted by the documents
and information sought – information sought would not assist
the applicant's case as pleaded – notice to produce set
aside – order for discovery refused – application for
leave to file first proposed amended originating application
granted
Federal Court Rules 2011 (Cth) rr 20.11, 20.13, 20.15; Judiciary
Act 1903 (Cth) s 39B; Administrative Decisions (Judicial
Review) Act 1977 (Cth) s 5; National Security Information
(Criminal and Civil Proceedings) Act 2004 (Cth)
Gold Coast Lifestyle Association and Department of
Infrastructure and Regional Development and Cities (Freedom of
information) [2019] AICmr
59
Freedom of Information — Whether documents contain
deliberative matter prepared for a deliberative purpose —
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), 47C, 47E
The Department must now provide the applicant with copies of the
documents edited only to the extent necessary to delete exempt or
irrelevant material, within 28 days of this decision.
Minister's letter of approval of the Gold Coast Airport Master
Plan
Slatcher v Globex Shipping S.A.
[2019] QCA 167
CRIMINAL LAW – PROCEDURE – PROSECUTION –
COMMITTAL FOR TRIAL BY JUSTICE OR CORONER – POWERS AND DUTIES
OF MAGISTRATE OR CORONER – OTHER MATTERS – where the
appellant alleged that the Panamanian-flagged ship
"Regina" committed offences by discharging oil into the
exclusive economic zone and outer territorial sea off the coast of
Queensland – where a complaint and summons concerning the
alleged offences and directed to the respondent, a corporation
registered in South Korea, was delivered to locations within
Australia including the offices of Thynne + Macartney – where
the magistrate ruled that the complaint and summons had been duly
served upon the respondent – where the primary judge declared
inter alia that the complaint and summons had not been served upon
the respondent, and that the Magistrates Court has no power to
proceed with an examination of witnesses in the absence of service
or waiver of the requirement for service – whether the
complaint and summons was served upon the respondent –
whether the Magistrates Court has power to conduct an examination
of witnesses in the absence of service or waiver of the requirement
for service of a complaint and summons
Justices Act 1886 Qld s 54(1A), s 56(1);
Magistrates' Court Act 1989 Vic s 34, s 41
Prestige & Rich Pty Ltd v McGregor
[2019] QDC 151
MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND
– APPEAL – appeal against conviction – appeal
against penalty – appeal against costs order – where
appellant was convicted of offence under s 28(2)(a) Agents
Financial Administration Act 2014 – interpretation of
Division 5 Agents Financial Administration Act 2014
– where agent gave notice under s 26(2) Agents Financial
Administration Act 2014 – where agent subsequently had
written notice under s 27(2)(a) Agents Financial Administration
Act 2014 – whether agent required to immediately pay
amount pursuant to s 28(2)(a) or authorised to retain the funds and
subsequently pay out pursuant to s 26(3) – whether the
appellant was denied procedural fairness – whether the fine
was manifestly excessive – whether the Magistrate erred in
the quantum of the costs order
Agents Financial Administration Act 2014 Qld ss 21, 22,
25, 26, 27, 28; Justices Act 1886 Qld ss 157, 158B, 222,
223, 226, 232A; Justices Regulation 2014 Qld s 19, sch 2
Patel v Queensland Building and Construction Commission
& Anor [2019] QCAT
223
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
whether the applicants were entitled to make a claim for assistance
pursuant to s 6 of the Queensland Building and Construction
Regulation 2018 – where the first and second respondents
allege that the building contract was not validly terminated by the
applicants – where the applicants have made an application
for costs pursuant to s 102 of the Queensland Civil and
Administrative Act 2009 for an adjourned hearing date
Queensland Building and Construction Commission Act 1991
Qld s 67X; Queensland Building and Construction Regulation 2018 Qld
s 4(1)(a), s 7, Schedule 6 – s 3; Queensland Civil and
Administrative Tribunal Act 2009 Qld s 19, s 20, s 24(1)(b), s
86, s 87, s 100, s 102
Interlink Developments Pty Ltd v Kruger
[2019] QCAT 219
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – SECURITY FOR COSTS – PROCEDURE – where
the Queensland Civil and Administrative Tribunal may make an order
for security for costs – where s 109 of the Queensland
Civil and Administrative Tribunal Act 2009 (Qld) considered
–where the Tribunal considers the financial circumstances of
the parties – where the Tribunal considers the prospects of
success or merits of the proceeding – where the Tribunal
considers the genuineness of the proceeding – where the
company has a paid up capital of $8.00 and no other apparent assets
– where the company shows a significant decline in the number
and value of houses built over the preceding 3 years and its
principal suffering deteriorating health – where the Tribunal
finds that the respondent fails to put evidence of the current
state of the financial state of the company – that an order
for security for costs should be made
Duryea v Queensland Racing Integrity
Commission [2019] QCAT
226
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
Procedure – reopening – whether matter should be
reopened – whether a proceeding that has been heard and
decided by the Tribunal -Queensland Civil and Administrative
Tribunal Act 2009 Qld s 48, s 72(1)(b), s 137, s 137, s 138, s
140
Legislation
Same-Sex
Relationships (Equal Treatment in Commonwealth Laws—General
Law Reform) (Veterans' Affairs) Regulations
2019
21/08/2019 - These regulations repeal and remake the
Same-Sex Relationships (Equal Treatment in Commonwealth Laws
— General Law Reform) (Veterans' Affairs) Regulations
2009 without amendments and to ensure dependants of deceased
Australian Defence Force members continue receiving benefits under
the Military Rehabilitation and Compensation Act 2004 and
the Veterans' Entitlements Act 1986.
Queensland
Bills
Youth
Justice and Other Legislation Amendment Bill 2019
Introduced by: Hon D Farmer MP on 14/06/2019
Stage reached: Passed with amendment on 22/08/2019
Community Based Sentences (Interstate Transfer) Bill 2019
Introduced by: Hon M Ryan MP on 21/08/2019
Stage reached: Referred to Committee on 21/08/2019
Subordinate legislation as made – 30 August
2019
No 160
Statutory Instruments (Exemptions from Expiry) Amendment Regulation
2019
No 163
Proclamation No. 2—Queensland Civil and Administrative
Tribunal and Other Legislation Amendment Act 2019 (commencing
remaining provisions)
No 164
Queensland Civil and Administrative Tribunal Regulation
2019
No 166
Queensland Civil and Administrative Tribunal Amendment Rule
2019
No 167
Dispute Resolution Centres Regulation 2019
No 168
Uniform Civil Procedure (Fees) Regulation 2019
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.