In the media
Queensland CCC seeking feedback on changes to complaint
disclosure laws
Queensland's Crime and Corruption Commission (CCC) is
reviewing its laws that allow allegations to be made public while
they are being investigated.
More...
Queensland needs reform on class actions
Queensland's continued lack of a class action structure
perpetuates a significant omission in the States legal structure,
according to Queensland Law Society (26 May 2016).
More...
Palaszczuk Government to standardise age of
consent
The Palaszczuk Government has announced its intention to
standardise the age of consent for lawful sexual activity in
Queensland (25 May 2016).
More (Government to standardise age of consent) ...
More (Action plan to tackle rising STI rates in North
Queensland)....
Queensland says 'there's no excuse for elder
abuse'
The Palaszczuk Government has stepped up the fight against elder
abuse, launching a new campaign today to target the growing issue
in Queensland (25 May 2016).
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Sentencing Council reinstated in
Queensland
State Parliament has today passed the Palaszczuk Government's
legislation re-establishing the Queensland Sentencing Advisory
Council (24 May 2016).
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QLS: Return of Sentencing Advisory Council a win for QLD
justice system
The reintroduction of the Sentencing Advisory Council in
Queensland is vital to the delivery of justice throughout the
state. Society president Bill Potts said the return of SAC was
consistent with QLS's state Call to Parties document issued
prior to the last Queensland election.
More...
Palaszczuk Government ensures safety of
Queenslanders
Today Minister for Police Bill Byrne introduced a Bill in
Queensland Parliament that will increase the Queensland Police
Service's ability to get on with the job of keeping
Queenslanders safe (24 May 2016).
More...
New laws to strengthen child protection in
schools
Education Minister Kate Jones today introduced legislation into
State Parliament to strengthen protection for children in schools
(24 May 2016).
More...
In practice and courts
Elder Abuse Inquiry
The ALRC has received Terms of Reference for an Inquiry into Elder
Abuse. Initial research and consultations are underway and will
continue into May. The ALRC has established an Advisory Committee
for the Inquiry and its first meeting will be in May. The first
consultation document of the Inquiry will be an Issues Paper to be
released on 15 June 2016.
More...
2016 COAT National Conference 2016
Hotel Grand Chancellor Hobart. COAT National Conference
"Between CATs and Courts".
More...
Legal and Constitutional Affairs References Committee
– current enquiries
The establishment of a national registration system for Australian
paramedics to improve and ensure patient and community safety -
The reporting date is 30 June 2016.
CCC: to examine whether publicising allegations of
corrupt conduct is in the public interest
The CCC published a discussion paper today titled Making
allegations of corrupt conduct public: Is it in the public
interest?and is calling for public submissions to support
the examination of this issue closing on 30 June2016.
Queensland Current Inquiries
Examination of Portfolio Subordinate Legislation
Auditor-General Reports referred to the Committee for
Consideration
Published – articles, papers, reports
Justice Logan RFD, 'Statutory Construction'
(2016)
Panel Discussion Presentation. Delivered at the Administrative
Appeals Tribunal Members Conference, Twin Waters Resort, Sunshine
Coast, Queensland (30 May 2016).
Cases – Queensland
Francis v Administrative Appeals Tribunal [2016]
FCA 639
PRACTICE AND PROCEDURE – summary judgment – whether
applicant has reasonable prospect of successfully prosecuting
proceeding - Federal Court of Australia Act 1976 (Cth) s
31A – Federal Court Rules 2011 (Cth) r 26.01(1)(a).
ADMINISTRATIVE LAW– appeal against decision of the
Administrative Appeals Tribunal – where Tribunal conducted a
review of decision made by the Information Commissioner to make a
vexatious applicant declaration – where Information
Commissioner satisfied that a particular access action involves an
abuse of process – Freedom of Information Act 1982
(Cth) ss 89K, 89L.
Gerhardt
v Queensland Building and Construction Commission [2016] QCA
136
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
GENERALLY – where an extension of time is required to bring
the application for leave to appeal – where the extension is
not opposed – whether leave is granted. ADMINISTRATIVE LAW
– ADMINISTRATIVE TRIBUNALS – GENERALLY – where
the Queensland Building and Construction Commission decided the
applicant had engaged in unsatisfactory conduct – where the
decision was set aside by a member of the Queensland Civil and
Administrative Tribunal (QCAT) – where a member of the
Queensland Civil and Administrative Appeal Tribunal set aside the
QCAT member's findings – where leave to appeal is
restricted to a question of law – where the applicant was a
private certifier under the Building Act 1975 (Qld)
– where the applicant issued building permits without
preliminary approval – where the council was prescribed as a
"concurrence agency" in the Sustainable Planning
Regulation 2009 – whether the applicant was the
assessment manager of the development application and therefore did
not require preliminary approval.
Leigh and Australian Federal Police (Freedom of
information) [2016] AATA 330
FREEDOM OF INFORMATION — request for access to names of
former staff of the Minister for Foreign Affairs contained in
Australian Federal Police report — whether staff names are
conditionally exempt from disclosure — whether disclosure
would involve unreasonable disclosure of personal information
— whether disclosure would be contrary to the public interest
— decision varied.
PARLIAMENTARY PRIVILEGE — whether applicant can rely on
Parliamentary proceedings and media references to Parliamentary
proceedings — whether reliance on material would invite the
drawing of inferences or conclusions contrary to s 16(3)(c) of the
Parliamentary Privileges Act 1987 — applicant cannot
rely on material.
Administrative Appeals Tribunal Act 1975, ss 43(5B),
44
Bill of Rights 1688, art 9
Freedom of Information Act 1982, ss 3, 3A, 4(1), 11(2),
11A(5), 11B(4), 15, 22, 27A, 31B, 47F, 53C, 54L, 54W(b), 60AA,
61(1)(b), 63(2), 64(1A), 67(2), 93A.
Taggart and Civil Aviation Safety Authority (Freedom of
information) [2016] AATA 327
FREEDOM OF INFORMATION – exemption – legal
professional privilege – in-house agency legal services
division – whether appropriately independent of remainder of
agency – whether communications between legal services
division and another division within the agency – made for
the dominant purpose of giving or obtaining legal advice –
whether waiver of privilege – decision varied.
Administrative Appeals Tribunal Act 1975 ss 26(1)(b),
33(1)(c), 33(1AA), 34E, 40(5), 43(2), 43(2A), 43(2B) Freedom of
Information Act 1982 ss 3(1)(b), 3A(2)(b), 4(1), 8(2)(j),
8A(1), 8A(2), 11, 11A, 11A(5), 11B, 22, 22(1)(b), 22(1)(c),
22(1)(d), 31B, 42, 42(1), 42(2), 42(3), 58(2), 61(1)(b), 93A.
Commissioner of State Revenue v Kimiora [2016] FCCA
1229
STATUTORY INTERPRETATION – Interest payable under Duties
Act 2000 (Vic) – whether judgment debt attracts interest
under Magistrates Court Act 1989 (Vic) or under
Taxation Administration Act (Vic) – interest on
unpaid tax is payable under Taxation Administration Act
(Vic) that establishes a code, separate and apart from ordinary
judgment debts on which interest under other legislation may be
payable. STATUTORY INTERPRETATION – Principles to be applied
in ascertaining the intention of Parliament.
Kakae v Wetspot Consolidated Pty Ltd & Ors [2016] VSC
271
ADMINISTRATIVE LAW – Judicial review – Medical panel
– Adequacy of reasons – Procedural fairness –
Error of law – Relevant considerations – Supreme
Court (General Civil Procedure) Rules 2015 (Vic) Order 56
– Accident Compensation Act 1985 (Vic) ss 5, 93, 99,
114 – Workplace Injury, Rehabilitation & Compensation
Act 2013 (Vic) ss 3, 282, 284, 302.
Legislation – Queensland
Subordinate Legislation as made
No 55:
State Penalties Enforcement Amendment Regulation (No. 2)
2016
State Penalties Enforcement Act 1999 – 27 May 2016
No 58:
State Penalties Enforcement Amendment Regulation (No. 3)
2016
State Penalties Enforcement Act 1999 – 27 May
2016
Bills
Director of Child Protection Litigation Bill
2016
Introduced by: on 16/02/2016 Stage reached: PASSED with amendment
on 11/05/2016
Assent Date: 25/05/2016 Act No: Act No. 23 of 2016
Commences: see Act for details
Child Protection Reform Amendment Bill 2016
Introduced on 16/02/2016 Stage reached: PASSED on 11/05/2016
Assent Date: 25/05/2016 Act No: Act. No. 24 of 2016
Commences: see Act for details
Penalties and Sentences (Queensland Sentencing Advisory
Council) Amendment Bill 2016
Introduced on 15/03/2016 Stage reached: PASSED with amendment on
24/05/2016. This Bill re-establishes the Queensland Sentencing
Advisory Council.
Australian Crime Commission (Queensland) and Other Legislation
Amendment Bill 2016
Introduced on 24/05/2016 Stage reached: Referred to Committee on
24/05/2016
The objectives of the Bill are to facilitate the merger of
CrimTrac (Australia's policing information sharing agency) into
the Australian Crime Commission (Australia's national criminal
intelligence agency).
Acts as passed – 25 May 2016
No 23 Director of Child Protection Litigation Act 2016
No 24 Child Protection Reform Amendment Act 2016
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.
