In the media
My Health Record — in or out?
The Office of the Australian Information Commissioner
(OAIC) has published a series of new fact sheets
for consumers considering opting out of the national online My
Health Record system (19 July 2018).
More...
Service Seeking penalised for breaches of the Spam
Act
Service Seeking Pty Ltd has paid a $50,400 infringement
notice for sending SMS messages without consent, for failing to
clearly identify who authorised them and for not including an
unsubscribe statement (16 July 2018).
More...
Commonwealth Ombudsman releases investigation report
into the actions and decisions of DVA in relation to Mr A
Commonwealth Ombudsman Michael Manthorpe has released a
report on the investigation of the actions and decisions of the
Department of Veterans' Affairs (DVA) in
relation to a complaint made by a veteran with over 30 years of
service to Australia, and the difficulties he faced in accessing
his correct entitlements (16 July 2018).
More...
CCC calls for improved transparency of Government board
appointments after assessment of Energy Queensland process
The Crime and Corruption Commission
(CCC) has completed its assessment of the
appointment process of Mark Algie to the board of Energy Queensland
Limited (EQL) and has determined there is
insufficient evidence to raise a reasonable suspicion that any
person involved in the appointment engaged in corrupt conduct (13
July 2018).
More...
QLS backs recommendations to overhaul youth justice
system
Queensland's peak legal body has thrown its support
behind a report recommending an overhaul of the way Queensland
deals with young offenders (13 July 2018).
More...
Bob Atkinson report to guide new Youth Justice
strategy
Early intervention to stop young people going off the
rails is the key to cutting youth crime, according to a new report
on Queensland's Youth Justice system. Ms Farmer said the report
would lay a foundation to build on significant Youth Justice
reforms already carried out by the Palaszczuk Government and the
investments made in breaking the cycle of youth offending (13 July
2018).
More...
Move to combat Modern Slavery
The Law Council has been supportive of the establishment
of a Modern Slavery Act in Australia, particularly the inclusion of
reporting requirements. The proposed Modern Slavery Bill contains
provisions for supply chain reporting that encourages certain
entities, with an annual consolidated revenue of more than $100
million, to report on modern slavery risks in their supply chains
(12 July 2018).
More...
Ombudsman seeks public assistance with Whitehead
investigation
The Victorian Ombudsman has begun an investigation into
several matters involving the Victorian Railways, its successor
organisations and associated rail entities, and convicted child sex
offender, Robert Whitehead. The case was referred to the Ombudsman
by the Department of Economic Development, Jobs, Transport and
Resources (12 July 2018).
More...
QLS: Property law reform makes solicitors tax
collectors
Recently, the Federal Government's Treasury Laws
Amendment (2018 Measures No.1) Act 2018 came into effect, with
Queensland Law Society president Ken Taylor remarking that
solicitors would effectively become tax collectors (10 July 2018).
More...
AHRC: Submissions to the National Inquiry into sexual
harassment in Australian workplaces open today
The National Inquiry, led by the Australian Sex
Discrimination Commissioner Kate Jenkins, is seeking submissions
from individuals and organisations across the country about their
experiences relating to workplace sexual harassment." (09 July
2018).
More...
In practice and courts
Law Council of Australia: Email scam alert
The Law Council has become aware of an email scam
purporting to be from the Law Council and is reminding people to be
vigilant about online and email security (16 July 2018). More...
Queensland
Queensland Law Reform Commission report on termination
of pregnancy laws – tabled in Parliament
16 July 2018 - The Queensland Law Reform Commission's
Report No 76, Review of termination of pregnancy laws (2018) was
tabled in Parliament on 16 July 2018 by the Attorney-General and
Minister for Justice, Leader of the House, the Honourable Yvette
D'Ath MP. More...
CCC Prosecutions
Clayfield woman charged with additional fraud offences -13 July
2018
Sydney woman charged with Misconduct in Public Office - 13 July
2018
CCC Strategic Plan 2018–2022
The following is an outline of the CCC strategic plan and
highlights the CCC objectives, strategies and performance
indicators (updated 13 July 2018).
More...
Queensland Sentencing Advisory Council
Child homicide in Queensland: A descriptive analysis of offences
finalised by Queensland criminal courts has been published as
part of our
review into the sentencing of child homicide offences (13 July
2018).
OIC Queensland: Updated privacy guidance on
surveys
The OIC have updated our guideline on online surveys to
include advice on the privacy considerations of designing a survey
and distributing a survey (19 July 2018).
More...
QAO Consultation: Delivery of shared services in
Queensland
The objective of this audit is to assess whether the
Queensland Government's shared service functions are delivering
value for money now, and are well positioned to successfully
deliver into the future.
More...
Published – articles, papers, reports
The Implementation and Performance of the Cashless Debit
Card Trial
ANAO: 17 July 2018
The objective of the audit was to assess the Department of
Social Services' implementation and evaluation of the Cashless
Debit Card trial.
More...
What are the taxpayer savings from cancelling the visas
of organised crime offenders?
Anthony Morgan, Rick Brown, Georgina Fuller;
Australian Institute of Criminology: 18 July 2018
The focus of this study is the direct cost of offences
committed by organised crime offenders, and the cost of prison
sentences associated with these offences. More...
Australian Broadcasting Corporation Amendment (Fair and
Balanced) Bill 2017
Don Arthur; Parliamentary Library (Australia): 11
July 2018
This Bill would amend the Act to insert the words
'fair' and 'balanced' into paragraph 8(1)(c). The
amended Act would require the Board 'to ensure that the
gathering and presentation by the Corporation of news and
information is fair, balanced, accurate and impartial according to
the recognized standards of objective journalism.' More...
Ministerial and Other Office Holder Staff and Other
Legislation Amendment Bill 2018 Queensland
Introduced by Economics and Governance Committee: 5
July 2018
This report presents a summary of the Economics and
Governance Committee's examination of the Ministerial and Other
Office Holder Staff and Other Legislation Amendment Bill 2018. The
committee's task was to consider the policy outcomes to be
achieved by the legislation, as well as the application of
fundamental legislative principles, that is, to consider whether
the Bill had sufficient regard to the rights and liberties of
individuals, and to the institution of Parliament.
More...
When courts get it wrong: Judicial errors and common law
unenforcement
Olowofoyeku A, (2018) 134 The Law Quarterly Review
450
"If it can be conclusively shown that the state was not
entitled to punish a person, it seems to me that he should be
entitled to compensation for having been punished." The
consequences of judicial error can be grave, potentially extending
to wrongful loss of fortune, liberty, reputation or (in some
jurisdictions) life. Such consequences are not always
reversible.
Cases
'PF' and Department of Human Services
(Freedom of information) [2018] AICmr 59
Freedom of Information — Whether material in
documents irrelevant to the request — Whether reasonable
steps taken to locate documents — Whether disclosure of
personal information unreasonable— Whether access is to be
given to a qualified person — (CTH) Freedom of
Information Act 1982 ss.22, 24A, 47F(1), 47F(5) and
55D(1).
'PE' and Australian Taxation Office
(Freedom of information) [2018] AICmr 58
Freedom of Information — Whether work involved in
processing the request would substantially and unreasonably divert
the resources of the agency from its other operations — (CTH)
Freedom of Information Act 1982 ss.24, 24AA, 24AB.
Christie v Australian Communications and Media
Authority [2018] FCCA
1796
ADMINISTRATIVE LAW – Radio communications licence
transferred to applicant and co-licensee – dispute between
co-licensees – respondent authority required to approve form
on which application for transfer of licence is made –
applicant did not sign, consent to or know of application or
transfer – applicant seeks to renew licence and is informed
of transfer – applicant objected to transfer –
respondent authority gave reasons – licence re-transferred
– applicant objected – respondent authority gave
reasons for second transfer – applicant issues proceeding
seeking judicial review of decision relating to second transfer of
licence – application for extension of time in which to seek
judicial review of decision relating to first transfer of
licence.
STATUTORY INTERPRETATION – Licensee defined by applicable
legislation to mean the person specified in the license –
applicant and co-licensee specified in licence – only
co-licensee signed transfer – respondent authorised to
transfer licence where application for transfer signed by a
licensee – whether signature of both co-licensees required
for valid application – whether singular includes plural
– whether application for transfer signed only by co-licensee
was valid – extension of time granted.
Mr Christie's fundamental complaint is that the transfer of
the Licence was affected by Mr Loughnan without his knowledge or
consent.
Director of Public Prosecutions (NSW) v
Kmetyk [2018] NSWCA 156
COURTS – orders – reconciliation of
differences between forms of orders entered on JusticeLink and
pronounced in court and recorded in document placed on file signed
by judge JUDICIAL REVIEW – jurisdictional error by District
Court – appeal against sentence imposed by Local Court
– whether District Court decision quashing conviction,
re-convicting and imposing new sentence vitiated by jurisdictional
error TRAFFIC LAW – statutory disqualification upon
conviction for driving while disqualified.
Legislation
Commonwealth
Interactive Gambling Amendment (Lottery Betting) Bill
2018
Amends the Interactive Gambling Act 2001 to prohibit
betting on the outcome, or a contingency that may or may not happen
in the course of the conduct, of Australian and overseas lottery
draws (including a keno draw).Assent Act no: 73 Year: 2018 09 July
2018.
Queensland
Subordinate legislation as made – 20 July
2018
No 103:
Proclamation—Local Government (Councillor Complaints) and
Other Legislation Amendment Act 2018 (commencing certain
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.