In the media
No blanket exception for private schools to expel kids
for their sexuality exists – and nor should there be
No blanket exception to anti-discrimination laws currently
exists to allow private schools to expel students on the basis of
their sexual orientation or gender identity – and no such
exemption should ever be introduced, according to the Law Council
of Australia (12 October 2018).
More...
Trust, transparency and right to information:
Accountability in an age of democratic disquiet
A culture of secrecy and a desire for non-disclosure are
still commonplace across many areas of politics and the
bureaucracy, according to Professor Ken Smith, Dean and Chief
Executive of the Australian and New Zealand School of Government
(02 October 2018).
More...
In practice and courts
Review of national arrangements for the protection and
management of identity information
Terms of reference: The Review will consider ways to
enhance or strengthen arrangements for the protection, use and
management of identity information in Australia. Public submissions
will be received until 26 October. The review is to report by the
end of November.
More...
Law Council of Australia Submissions
05 October 2018—Law Council
here.
AAT Bulletins 2018
Issue No. 39/2018, 8 October 2018.
More...
ALRC: Review of the Family Law System: Discussion
Paper
Published on 2 October 2018 - Consultation Paper
here.
Reminder: Australian Digital Health Agency three month
"opt-out period" for My Health
Record
As
announced by the Australian Digital Health Agency, every
Australian will be offered a My Health Record unless they choose
not to have one during the three-month opt out period which has
been extended to 15 November 2018. A national communications
strategy will be implemented to explain the opt-out process. During
the opt out period individuals who do not want a record will be
able to opt out by visiting here.
Queensland
Legal Affairs and Community Safety Committee - Criminal
Code (Non-Consensual Sharing of Intimate Images) Amendment Bill
2018
This report presents a summary of the Legal Affairs and
Community Safety Committee's examination of the Criminal Code
(Non-consensual Sharing of Intimate Images) Amendment Bill 2018.
The committee's task was to consider the policy to be achieved
by the legislation and the application of fundamental legislative
principles - that is, to consider whether the Bill has sufficient
regard to the rights and liberties of individuals, and to the
institution of Parliament.
More...
CCC's 2017-18 Annual Report tabled in
Parliament
The Crime and Corruption Commission's
(CCC) 2017-18 Annual Report has been tabled (02
October 2018).
More...
Court Services Queensland Strategic Plan -
2018-2021
This plan is a guiding document which sets out where
Queensland Courts would like to be by 2021 and when delivered, will
make a positive difference for all Queenslanders (released October
2018).
More...
OIC Queensland: OIC Annual Report 2017-18
The OIC Annual Report is now available and provides an
overview of our performance towards achieving an informed
Queensland that values and respects information rights and
responsibilities (27 September 2018).
More...
OIC Queensland: Privacy Impact Assessment workshop
– 26 November 2018
Participants will work through a hypothetical proposed new
program that has significant privacy implications, with a focus on
three elements: mapping personal information flows, identifying
applicable privacy principles and ensuring compliance with the
privacy principles.
More...
Published - articles, papers, reports
Composition of Australian parliaments by party and
gender: a quick guide
APH Research Paper: 10 October 2018.
More...
Governing Artificial Intelligence: upholding human
rights & dignity
Mark Latonero; Data & Society Research Institute: 10
October 2018
This report assesses how human rights can be applied in the
governance of AI and offers initial recommendations for
stakeholders, including technology companies, governments,
intergovernmental organizations, civil society groups, academia and
the United Nations. More...
Estimating the costs of serious and organised crime in
Australia 2016–17
Russell G. Smith; Australian Institute of Criminology: 10
October 2018
This report estimates the cost of serious and organised crime in
Australia in 2016–17 to be between $23.8b and $47.4b. More...
Investigation into allegations of improper conduct by
officers at Goulburn Murray Water
Victorian Ombudsman: 03 October 2018
The former managing director of Goulburn Murray Water claimed - and
the former chair approved - reimbursement to which he was not
entitled for items including household furniture and alcohol, the
Victorian Ombudsman has found
Investigation into allegations of improper conduct by former
officers at Goulburn Murray Water.
Prisoner use of information and communications
technology
Aysha Kerr, Matthew Willis; Australian Institute of
Criminology: 02 October 2018
This paper explores some of the ways information and communications
technology is being implemented in Australian prisons and
internationally, and considers the challenges, risks and benefits
of bridging the 'digital divide'. More...
The 2018 Solomon Lecture
Professor Ken Smith delivered the 2018 Solomon Lecture on
'Trust, transparency and right to information: accountability
in an age of democratic disquiet' as part of this year's
Right to Information Day (RTI Day) activities (02
October 2018).
More...
Cases
Herron v HarperCollins Publishers Australia Pty
Ltd [2018] FCA 1495
PRACTICE AND PROCEDURE – Application for summary
dismissal as abuse of process – whether proceedings would
involve unfairness and oppression – whether resources of
Court and respondent which would be used disproportionate to
interests at stake – application dismissed.
Defamation – media - coronial inquests into the deaths of
patients as a result of the administration of deep sleep therapy
and electroconvulsive therapy at the Chelmsford Private Hospital
and adverse publicity about the treatment of patients.
'PK' and Department of the Prime Minister and
Cabinet (Freedom of information) [2018] AICmr
65
Freedom of Information — Whether documents contain
deliberative matter prepared for a deliberative purpose —
Whether contrary to the public interest to release conditionally
exempt documents — Whether reasonable steps taken to locate
documents — (Cth) Freedom of Information Act 1982 ss
11A(5), 24A and 47C.
Bourne v Queensland Building and Construction
Commission [2018] QSC 231
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
REVIEWABLE DECISIONS AND CONDUCT – DECISIONS TO WHICH
JUDICIAL REVIEW LEGISLATION APPLIES – GENERALLY – Where
the respondent paid money to a former client of the applicant's
company pursuant to a statutory insurance scheme – where the
applicant owed that money as a debt to the respondent – where
the respondent commenced proceedings to recover that debt –
where the applicant sought judicial review of the respondent's
decision to commence those proceedings – where the respondent
brought an application to have the applicant's judicial review
application dismissed pursuant to s 48 of the Judicial Review
Act 1991 (Qld) – whether the decision to commence
proceedings was judicially reviewable – whether the decision
to commence proceedings was of an administrative character made
under an enactment.
Stevens v Queensland Building and Construction
Commission [2018] QCAT
331
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
Application to review decision to claim under statutory insurance
scheme – where contractor not licensed – whether
contractor fraudulently claimed to be licensed – whether
contract of insurance came into existence.
Alexandra Dapontes on behalf of the estate of Martha
Dapontes v Phillip Kay ATF Lysis Trust [2018]
QCAT 329
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
Application for leave to be legally represented pursuant to s
43(2)(b) of the Queensland Civil and Administrative Tribunal
Act 2009 (Qld).
WB Rural Pty Limited v Commissioner of State Revenue
& Anor [2018] QCA 255
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE
COMMONWEALTH CONSTITUTION – RESTRICTION ON COMMONWEALTH AND
STATE LEGISLATION – Where the first respondent issued
reassessment notices under the Land Tax Act 2010 (Qld) in
respect of property owned by the appellant – where the
appellant lodged an objection to the reassessments – where
the objects were disallowed and the assessments were confirmed by
the first respondent – where the appellant submitted that the
power exercised by the first respondent in making assessments and
determining objections to such assessments by the making of a
reassessment is an exercise of judicial power – whether the
exercise of the first respondent's power involves the creation
of new rights and duties, or the determination of existing rights
and duties.
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH
CONSTITUTION – RESTRICTION ON COMMONWEALTH AND STATE
LEGISLATION – Where the appellant seeks leave to amend the
notice of appeal by addition of a new ground, that s 69(1)(b)
Taxation Administration Act 2001 (Qld) is invalid because
it confers a right of appeal to the Supreme Court only where the
amount of disputed tax has already been paid to the first
respondent – where this submission was not argued below
– where there is no authority for the proposition that a
statutory right of appeal from an administrative decision cannot be
condition upon the fulfilment of the duty created by that decision
– whether leave to amend the notice of appeal by addition of
this ground should be granted.
Legislation
Commonwealth
Privacy
(Australian Honours System) Public Interest Determination
2018
12/10/2018 - This determination applies to the disclosure of
certain information by the Department of Home Affairs to the Office
of the Official Secretary to the Governor-General and the
Department of the Prime Minister and Cabinet for the purpose of
verifying the Australian citizenship and/or permanent residency
status of individuals who are the subject of nominations for
membership or honorary membership of the Order of Australia, or for
other awards in the Australian honours system.
Crimes
Legislation Amendment (International Crime Cooperation and Other
Measures) Regulations 2018
08/10/2018 - This instrument amends six regulations, consequential
to amendments made by the Crimes Legislation Amendment
(International Crime Cooperation and Other Measures) Act 2018,
the Crimes Legislation Amendment Act (No. 2) 2011 and the
Telecommunications Interception and Intelligence Services
Legislation Amendment Act 2011.
Queensland
Bills
Criminal Code (Non-consensual Sharing of Intimate Images) Amendment
Bill 2018
Introduced by: Hon Y D'Ath MP on 22/08/2018
Stage reached: 2nd reading to be moved on 5/10/2018
Subordinate legislation as made
No 152 Justices (Recording of Pleas and Decisions) Amendment
Regulation 2018 05/10/2018
Will amend sections 15 and 16 of the Regulation to provide for the
court to record bulk pleas and decisions on a lead bench charge
sheet or lead bench cover sheet. Alternatively, for bulk decisions
the Amendment Regulation allows decisions to be recorded on a
schedule attached to the lead bench charge or cover sheet. By
virtue of the definitions of 'decision' and 'order'
in section 4 of the Act, the recording of bulk decisions will apply
to committals, sentences, bail applications or any other
determination made by a magistrate.
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.