Australia: Queensland Government Bulletin - 28 May 2018

In the media

New laws pass Parliament for child abuse victims to sue
The Andrews Labor Government has passed new laws quashing a legal loophole preventing child abuse survivors from suing some organisations for their abuse. The Legal Identity of Defendants (Organisational Child Abuse) Bill 2018 will prevent unincorporated organisations from relying upon a legal technicality – known as the 'Ellis defence' – to avoid civil lawsuits (24 May 2018). More...

Queensland's sexual consent laws should be reviewed, Law Society says
The Queensland Law Society president writes to the Attorney-General, backing calls for a review of Queensland's sexual consent laws sparked by a woman whose accused rapist was acquitted despite causing her shocking injuries (24 May 2018). More...

Attorney-General files appeal
The Attorney-General and Minister for Justice Yvette D'Ath has filed an appeal against the sentence imposed on James Ronald Lennox for rape. On the advice of the Office of the Director of Public Prosecutions, the Attorney-General has lodged an appeal on the grounds that the sentence is manifestly inadequate (23 May 2018). More...

New judge appointed to Supreme Court
The Andrews Labor Government today announced the appointment of leading commercial barrister Kevin Lyons QC as a judge of the Supreme Court (22 May 2018). More...

Legal aid under microscope
The Attorney-General's Department has issued the terms of reference for two reviews into legal aid arrangements around the nation. The reviews will look into the National Partnership Agreement on Legal Assistance Services 2015–20 (NPA) and the Indigenous Legal Assistance Program (ILAP) (21 May 2018). More...

Call for submissions — sentencing for child homicide offences
The Attorney-General Yvette D'Ath has asked the Queensland Sentencing Advisory Council to carry out a 12-month review, which includes looking at current sentences imposed for child homicide offences, whether sentencing considerations are adequate, and ways to communicate with the community about sentencing for these offences (17 May 2018). More...

LCA: New Modern Slavery Act on the horizon
A Modern Slavery Reporting Requirement will be introduced as part of the new Modern Slavery Act. More than 3,000 large corporations and other entities will be required to publish annual public statements on their actions to address modern slavery in their supply chains and operations under the proposed new legislation (16 May 2018). More...

Eco Star penalised for calling consumers on the Do Not Call Register
Eco Star Double Glazing Pty Ltd, a window and door glazing company, has paid a $25,200 infringement notice for calling numbers on the Do Not Call Register without consent (15 May 2018). More...

Ombudsman releases NDIA reviews report
The Commonwealth Ombudsman Michael Manthorpe has released a report into the National Disability Insurance Agency's (NDIA) handling of reviews of decisions under the National Disability Insurance Scheme Act 2013. The report discusses systemic issues highlighted by complaints and stakeholder feedback including significant backlogs, delays in decision making and poor communication practices. More...

In practice and courts

NDIS internal reviews: Ombudsman report
Now available, the report by the Commonwealth Ombudsman (report 03/2018) regarding the NDIA internal review processes, released May 2018: Administration of Reviews under the National Disability Insurance Scheme Act 2013.
Comment: Without significant efforts to improve the timeliness of NDIA's administration of reviews and communication with participants, there remains a risk that participants' right to review will be undermined and review processes will continue to lack fairness and transparency and continue to drive a high volume of complaints. More...

Federal Budget 2018-19: Highlights for lawyers
Law Council of Australia has produced a summary of the key items from the Federal Budget which are of interest to the legal profession. Released on 17 May 2018. More...

Law Council consults on Review of Australian Solicitors' Conduct Rules
The Law Council is undertaking a review of the Australian Solicitors' Conduct Rules. This is the first comprehensive review of the Rules since they were first promulgated in June 2011. The Law Council's Professional Ethics Committee has developed a Consultation Discussion Paper for the Review and invites comments and submissions on the issues raised and discussed. More...

Queensland

QLS supports equal justice in tragic circumstances
Queensland Law Society has supported a review into child sentencing in Queensland, while also flagging the importance of individual, equal justice for all Queenslanders (17 May 2018). More...

Review of consent in Queensland criminal law
QLS is supporting a review of Queensland's sexual consent laws, echoing the request of other lawyers in the State. President Ken Taylor has written to the Attorney-General to engage in discussion on the review of the definition of consent in our criminal law. More...

CCC Prosecutions
Brisbane man charged with money laundering - 18 May 2018
Victorian man charged with Official Corruption - 16 May 2018
Kalinga man charged with forgery - 15 May 2018

CCC: Queensland public servants unauthorised access to information – 16 May 2018
As part of Privacy Awareness Week 2018 (PAW) the Crime and Corruption Commission has warned that public servants who improperly access work databases can face disciplinary action including possible dismissal. More...

Queensland Sentencing Advisory Council: Call for submissions — Sentencing for child homicide offences
The Queensland Sentencing Advisory Council is seeking your views on sentencing for child homicide offences.
Community input into the review is important to ensure the views of Queenslanders can be taken into account by the Council in its advice to the Attorney-General. The Submissions deadline is 31 July 2018. Summary paper, Consultation paper, Make a submission

OIC Queensland: Compliance audit report – Ipswich City Council
On Thursday, 17 May 2018, the Chair of the Legal Affairs and Community Safety parliamentary committee tabled our audit report of Ipswich City Council's compliance with the Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld), making 12 recommendations (17 May 2018). More...

Sentencing Council of Queensland: Intermediate sentencing options and parole
In response to the 2016 Queensland Parole System Review Final Report (Sofronoff Report), the Sentencing Council of Queensland have been asked by the Attorney-General to review community based sentencing orders and parole options. The 18-month review will also look at current sentencing and parole legislation, including the Penalties and Sentences Act 1992 and the Corrective Services Act 2006 to see if there are any laws that create inconsistency or constrain sentencing options available to a court. The report is due to be submitted to the Attorney-General by 30 April 2019. More...

Review of the Australian Solicitors' Conduct Rules
The LCA has released a consultation paper entitled 'Review of the Australian Solicitors' Conduct Rules'. The review paper can be found on the QLS website. The QLS Ethics Centre, on behalf of the Ethics Committee and the Queensland Law Society, invites members and interested parties to provide submissions with respect to the consultation paper by 31 May 2018.

Published – articles, papers, reports

Youth justice in Australia 2016–17
Australian Institute of Health and Welfare: 25 May 2018
This report looks at young people who were under youth justice supervision in Australia during 2016–17 because of their involvement or alleged involvement in crime. It explores the key aspects of supervision, both in the community and in detention, as well as recent trends. More...

Identity crime and misuse in Australia: results of the 2016 online survey
Russell G. Smith, Penny Jorna, Australian Institute of Criminology: 24 May 2018
This report presents the results of the latest identity crime and misuse survey, undertaken by the AIC in May 2016. It updates information obtained in earlier surveys, undertaken in 2013 and 2014, and provides an indication of how the identity crime and misuse of personal information environment has changed in Australia since 2013. More...

Cases

PB v WorkCover Queensland Pty Ltd [2018] QCAT 138
HUMAN RIGHTS – PRIVACY LEGISLATION – where incorrect letter used to obtain medical records – whether payment of compensation should be ordered.
Order: The Tribunal prohibits the publication of any information that may enable PB to be identified. It is apparent from the relevant factual background to PB's privacy complaint that WorkCover made a litany errors in the course of processing his claim. ....It is clear that the recording played to PB over the telephone differed materially with declaration WorkCover subsequently affixed his name to. In particular, he did not as a consequence of listening to the recording provide a general authority for his healthcare providers to disclose relevant information from his medical history to WorkCover.

Williams v Director-General, Department of Justice and Attorney-General [2018] QCAT 141
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – application to extend time for leave to appeal.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGMENT – where the applicant filed an application to review a decision out of time – where the applicant filed an application for an extension of time – whether application for an extension of time should be granted.

Cutbush v Scenic Rim Regional Council [2018] QCAT 139
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application for permission to redact personal information and for orders prohibiting publication of personal information and material or evidence – whether non-publication orders necessary to avoid interference with the proper administration of justice or whether non-publication orders necessary in the interests of justice – where communications are likely to continue to be made to target and pressure potential witnesses.

Legislation

Commonwealth

National Redress Scheme for Institutional Child Sexual Abuse Bill 2018
Introduced with the National Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2018, the bill implements the joint response of the Commonwealth Government, the government of each participating state and territory, and each participating non-government institution to recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse's Redress and Civil Litigation Report by: establishing the National Redress Scheme for Institutional Child Sexual Abuse to operate for a 10-year period from 1 July 2018; providing a payment of up to $150,000 to survivors; providing access to counselling and psychological services to survivors; and providing an option for survivors to receive a direct personal response from the responsible institution. HR Second reading debate 24 May 2018.

National Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2018
Introduced with the National Redress Scheme for Institutional Child Sexual Abuse Bill 2018, the bill amends the Administrative Decisions (Judicial Review) Act 1997 to exempt decisions made under the national redress scheme from judicial review; Freedom of Information Act 1982 to exempt protected information from disclosure under the Act; Social Security (Administration) Act 1999 to enable the use and disclosure of protected information if it is done for the purposes of the national redress scheme; and Age Discrimination Act 2004 to enable the exclusion of children applying to the national redress scheme if they will not turn 18 during the life of the scheme. HR Second reading debate 24 May 2018.

Counter-Terrorism Legislation Amendment Bill (No. 1) 2018
HR Second reading moved 24 May 2018.

Queensland

Bills Updated in the last week

Ministerial and Other Office Holder Staff and Other Legislation Amendment Bill 2018
Stage reached: Referred to Committee on 15/05/2018.

Electoral Legislation (Political Donations) Amendment Bill 2018
Stage reached: Referred to Committee on 16/05/2018.

Local Government (Councillor Complaints) and Other Legislation Amendment Bill 2018
Stage reached: Consideration in detail on 16/05/2018.

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.