In the media
Law Institute of Victoria calls for stamp duty reform to
protect elder financial abuse victims
Victims of elder financial abuse should be protected from
paying stamp duty on property transfers when they recover their
stolen real estate, according to the Law Institute of Victoria (22
November 2019).
More...
Replacement identity documents for people affected by
bushfires
People who lose important identity documents in the
bushfires can have them replaced for free to help them recover as
quickly as possible, NSW Attorney General Mark Speakman and
Minister for Customer Service Victor Dominello announced (22
November 2019).
More...
Morrison Government continues trying to prevent sick
people accessing Medevac process
The Full Bench of the Federal Court will today hear the
Morrison Government's appeal from a Federal Court ruling that
requires the Government to consider applications under the Medevac
laws where doctors provide reports based on detailed medical
records (21 November 2019).
More...
Case of prisoner sentenced and jailed in secret prompts
calls to reconsider law reform
The fluke public discovery of a man imprisoned in secret
has prompted a call to revisit reform of secrecy law, almost 10
years since the last major inquiry occurred (21 November 2019).
More...
Investigation into Aussie Farms
The Office of the Australian Information Commissioner is
investigating Aussie Farms Inc under the Privacy Act 1988
The investigation follows preliminary inquiries into the
collection of personal information by Aussie Farms and its
notification practices (19 November 2019).
More...
Media freedoms - striking a balance
The Law Council's Business Law Section hosted a Media
and Communications Seminar in Sydney, which focused on the
significant legal challengers in the ever-evolving regulatory
landscape of the communications sector (21 November 2019).
More...
Reconciliation action easy as ABC
The Australian Broadcasting Corporation
(ABC) has launched a new Reconciliation Action
Plan (RAP) aimed at boosting Indigenous
representation across its media platforms (21 November 2019).
More...
PJCIS – press freedom inquiry reporting
timeframe
The Parliamentary Joint Committee on Intelligence and
Security (PJCIS) is busy finalising its
consideration of the Inquiry into the impact of the exercise of law
enforcement and intelligence powers on the freedom of the press.
The Committee has written to the Attorney-General informing him of
the later reporting requirement (21 November 2019).
More...
Multispecies justice: A new approach to a growing
environmental threat
Confronting another climate change summer of extremes,
it's obvious the future of humans and the health of the
environment are inextricably linked. New theories of justice must
respond to this ecological entanglement (20 November 2019).
More...
Chips cashed for gaming websites
The Australian Communications and Media Authority
(ACMA) has requested Australian internet service
providers (ISPs) block two illegal offshore
gambling websites. The ACMA move comes under the Government's
new website blocking scheme (21 November 2019).
More...
ACMA moves to block Emu Casino and Fair Go Casino
The Australian Communications and Media Authority
(ACMA) will request Australian internet service
providers (ISPs) block illegal offshore gambling
websites Emu Casino and Fair Go Casino. The two sites will be the
first blocked following ACMA investigations that found they offer
online casino-style games which are prohibited under the
Interactive Gambling Act 2001 (19 November 2019).
More...
'A win for the people': Companies convicted over
Hazelwood mine fire
Hazelwood Power Corporation failed to take key steps to
avoid a coalmine fire that raged for 45 days, blanketing the local
community in thick smoke and coal dust, a Supreme Court jury finds
(20 November 2019).
More...
Thousands of credit card insurance customers to get
compensation payouts from NAB
The National Australia Bank agrees to pay compensation to
tens of thousands of customers who were sold junk credit card and
personal loan insurance in what is believed to be the largest class
action settlement involving a big-four bank and its customers in
Australian history (20 November 2019).
More...
OIC Queensland: How will you deal with personal
information in an emergency?
When it comes to extreme weather events in Queensland,
it's not a matter of 'if' but 'when'. Bushfire
season has started earlier than expected this year and conditions
look set to continue if there is no significant rainfall (20
November 2019).
More...
Emails suggest Tennis Australia director told executive
Seven was 'safe' with Australian Open rights
Sensational emails emerge in a court case where ASIC is
attempting to have media-buying mogul Harold Mitchell banned from
managing corporations over allegations he stymied competitors to
help Seven Network retain the Australian Open tennis rights without
a competitive tender (19 November 2019).
More...
QLD Human Rights Act to Fully Commence in January
2020
On 15 November, the remaining uncommenced provisions under
the Human Rights Act 2019 (QLD) ('the HR Act') were
commenced by proclamation. The provisions, primarily relating to
obligations of public entities, are set to commence on 1 January
2020 (19 November 2019). More...
New Pro Bono platform to increase access to
justice
The Andrews Labor Government is supporting the launch of a
new online system that will improve access to legal representation
for the state's most vulnerable and disadvantaged people. The
new platform will allow courts to refer self-represented litigants
to barristers for pro bono services (19 November 2019).
More...
Robodebt under review
The government will no longer rely entirely on automated
processes to chase welfare debt after a backdown on the
controversial robodebt system. Critics say it resulted in errors,
incorrect debts and unnecessary hardship for welfare recipients (19
November 2019). More...
Govt targets foreign interference on campus
Universities will have to inform the government of any
identified risk of foreign interference under new guidelines
developed across both sectors. Interference risks identified in the
guidelines include cyber attacks; attempts to direct research;
intellectual property theft and moves to steal away researchers and
academic staff (18 November 2019).
More...
Make your mark on graffiti laws
A review of NSW's graffiti laws is giving people
across the State the opportunity to make their own mark in shaping
these laws for the future (18 November 2019).
More...
Deficiencies in Victoria Police review of Inflation
night club shooting
Victoria's independent police oversight agency, IBAC,
has found Victoria Police failed to properly examine and review
police conduct following a critical incident at the Inflation
nightclub in 2017, instead focusing on the actions of civilians and
not police officers (14 November 2019).
More...
New laws to modernise appeals in Victoria
New laws to modernise Victoria's criminal appeals
system have passed Parliament, making appeal proceedings more
efficient and reducing the burden on victims and witnesses (14
November 2019).
More...
Highly regarded leader appointed new CEO of
Victoria's anti-corruption commission
Victoria's independent anti-corruption commission,
IBAC, announced that highly experienced public sector leader and
legal practitioner Marlo Baragwanath has been appointed as its new
CEO (12 November 2019).
More...
Licensee fined $45,000 for 'comprehensive
disregard' of Liquor Act
Phoenix Darts Australia Pty Ltd, trading as Phoenix Darts
Bar, was found guilty of not complying with various obligations
relating to unacceptable liquor service practices, having an
approved manager present or available, operation and maintenance of
CCTV, and engaging crowd controllers for the venue (11 November
2019).
More...
In practice and courts
ACICA launch Australian Arbitration Survey
ACICAhas launched
theAustralian
Arbitration Surveyto gather empirical evidence from
practitioners as what works in arbitration and what can be improved
on. To take the survey it is necessary to first obtain a respondent
number from ACICA. Details can be found
here.
AHRC: Submission date extended for the National
Conversation - have your say
The Australian Human Rights Commission has extended the
date to hear from anyone on the key human rights priorities for
Australia into the future. Submissions for the Free and
Equal: An Australian conversation on human rights project will be
kept open until 29 November 2019.
More...
Current Consultations
Legal and Constitutional Affairs References Committee
– November 2019
Impact
of changes to service delivery models on the administration and
running of Government programs
Nationhood,
national identity and democracy
Native
Title Legislation Amendment Bill 2019
Customs
Amendment (Product Specific Rule Modernisation) Bill 2019
[Provisions]
Crimes
Legislation Amendment (Sexual Crimes Against Children and Community
Protection Measures) Bill 2019 [Provisions]
Rural and Regional Affairs and Transport References
Committee
Federal
Government's response to the drought, and the adequacy and
appropriateness of policies and measures to support farmers,
regional communities and the Australian economy
Community Affairs Legislation Committee
Australian
Sports Anti-Doping Authority Amendment (Sport Integrity Australia)
Bill 2019
AAT Bulletin
The AAT Bulletin is a weekly publication containing a list
of recent AAT decisions and information relating to appeals against
AAT decisions, including immigration and citizenship
Issue No. 46/2019,18 November 2019.
More...
Law Council of Australia: Submissions
13 November 2019— Law Council .
More...
Inquiry into the impact of the exercise of law
enforcement and intelligence powers on the freedom of the
press
The inquiry was
referred by the Attorney-General, The Hon Christian Porter MP
who noted that the Government will consider proposals from media
organisations and interested bodies which aim to ensure the right
balance is struck between a free press and keeping Australians
safe. For further information about the inquiry see the full terms
of reference
here. As agreed by the Attorney-General, the reporting date for
this inquiry has beenextended to 28 November 2019
ANAO Performance audit in-progress: Defence's
management of its public communications and media activities
Due to table: December 2019: The objective of this audit
is to assess the effectiveness and appropriateness of the
Department of Defence's (Defence's) management of its
public communications and media activities.
More...
What does open government mean to you: Open Government
Partnership (OGP)
OGP is about governments and civil society groups
committing to work together to make sure governments are
transparent, responsive and accountable to the public Your input
will help gain a better understanding of community attitudes to
open government and inform the next OGP National Action Plan. More
information is available on the Open Government Partnership
Australia website. Complete the questionnaire here (12 November
2019).
Queensland
Requests for comment
QLS invites feedback on the below inquiries:
Queensland Law Reform Commission: Consent and mistake of fact
review—Terms of Reference
here.
Feedback welcome until
Friday 29 November 2019.
CCC: Operation Impala commences - 11 November 2019
Operation Impala will examine the improper access and
dissemination of confidential information by public sector
agencies.
More...
QAO: Have you considered physical security as part of
your cyber security strategy
Entities need more than technical security controls to
protect their data from cyber security risks (11 November 2019).
More...
Where next for law reform? Final report launch
Australian Law Reform Commission - Speakers include
Justice Sarah Derrington, President of the ALRC, and the Hon
Michael Kirby, inaugural Chairman of the ALRC. The launch will be
held at the Harry Gibbs Commonwealth Law Courts Building, North
Quay, on 2 December 2019.
More...
Published - articles, papers, reports
Maintaining trust in the Parliamentary process —
PACs and Officers of the Parliament
ANAO: 22 November 2019
The Auditor-General, Grant Hehir, delivered a presentation to the
15th Biennial Australasian Council of Public Accounts Committees
(ACPAC) Conference held at Parliament House,
Canberra, on 7 November 2019. The presentation was titled
Maintaining Trust in the Parliamentary Process — PACs and
Officers of the Parliament.
More...
Implementation of recommendations
ANAO: 14 November 2019
This edition of audit insights considers the approaches entities
are taking to implement recommendations to improve public
administration practices and outcomes.
More...
19th Copyright Law and Practice Symposium 2019
Creativity. Innovation. Modernisation: 15 November
2019
The 2019 Symposium was a resounding success, with over 200 people
attending over 2 days.
More...
Deportation and sentencing: an emerging area of
jurisprudence
Paul McGorrery; Sentencing Advisory Council (Vic): 19
November 2019
This report examines how sentencing courts deal with an
offender's potential deportation from Australia. It summarises
the ways that potential deportation can affect an offender's
sentence. More...
Skewed priorities – comparing the growth of prison
spending with police spending
Andrew Bushnell; Institute of Public Affairs: 19 November
2019
This report was originally released in June 2019. The author has
released this updated version to correct some errors in the
underlying data. More...
Evidence based policy research project: 20 case studies
2019
Matthew Lesh; Institute of Public Affairs: 15 November
2019
The aim of this project was to coax more evidence-based policy
decisions by all tiers of government by reviewing and rating 20
high profile government decisions against the Wiltshire business
case criteria. More...
Guidelines to counter foreign interference in the
Australian university sector
University Foreign Interference Taskforce; Department of
Education (Australia): 14 November 2019
These guidelines have been developed for, and in partnership with,
the Australian university sector, to help manage and engage with
risk to deepen resillience against foreign interference. They are
designed to build on risk management policies and security
practices already implemented by many Australian universities. More...
Cases
Estates 77 Pty Ltd v Minister for the Environment (No
2) [2019] FCA 1935
ADMINISTRATIVE LAW – application of judicial review
of a decision made under the Environment Protection and
Biodiversity Conservation Act 1999 (Cth) (EPBC Act) –
judicial review under the Administrative Decisions (Judicial
Review) Act 1977 (Cth) and the Judiciary Act 1903 (Cth) –
whether the Minister for Environment made an error of law in
considering the applicants' action a 'controlled
action' – whether the applicants were exempt under s 43A
of the EPBC Act
ENVIRONMENTAL LAW – EPBC Act – construction of s 43A
– whether 'specific environmental authorisation' was
given by a law of the State – consideration of Minister for
Environment and Heritage v Greentree (No 2) [2004] FCA 741; (2004)
138 FCR 198 – endangered and vulnerable species of black
cockatoo
Bailey v Repatriation Commission
[2019] FCA 1840
ADMINISTRATIVE LAW – veterans' entitlements
– whether tribunal misapplied ss 120(3) of the Veterans'
Entitlement Act 1986 (Cth) (VE Act) – Tribunal erred in
finding material did not point to a hypothesis by weighing
evidence
ADMINISTRATIVE LAW – veterans' entitlements –
whether Tribunal misapplied ss 196B(14) of the VE Act –
whether 'but for' and 'operative cause' tests
sufficient in circumstances – Tribunal erred
Veterans' Entitlement Act 1986 (Cth), ss 5C, 6-6F, 7, 9, 13,
120, 120A, 196B
Shafran v Repatriation Commission
[2019] FCA 1833
DEFENCE AND WAR – veterans' entitlements –
application for judicial review of conduct of the Veterans'
Review Board –– whether the Secretary committed a
jurisdictional error in providing the report to the Principal
Member before giving it to the veteran for comment
STATUTORY INTERPRETATION – where s 137(1) of the
Veterans' Entitlements Act 1986 (Cth) requires the Secretary to
prepare a report – where s 137(4) requires the Secretary to
provide the report, any comments on it made by the veteran and any
supplementary report arising from any consequential investigation
to the Principal Member of the Board as soon as practicable –
whether the Secretary can only send the relevant documents to the
Board once the time for comment and any consequential investigation
has ended – whether it is a jurisdictional error for the
Secretary to send the documents to the Principal Member before
providing it to the veteran
STATUTORY INTERPRETATION – where s 137(3) requires the
Secretary to give the veteran 28 days on which to comment on the
report or such longer time as is requested – where s 137(3)
does not expressly provide for approval of the extension or how
long it may be for – whether there is an implied
reasonableness restriction on the veteran's rights to request
an extension under s 137(3) – whether the Secretary has the
power to grant or refuse an extension request under s 137(3)
– whether the request must be made to the Secretary –
whether the Board has jurisdiction to make directions regarding a
request for an extension of time to comment under s 137(3)
'RJ' and Australian Federal Police (Freedom of
information) [2019] AICmr
72
Freedom of Information — Whether disclosure would
have a substantial adverse effect on the management or assessment
of personnel — Whether contrary to the public interest to
release conditionally exempt documents — (CTH) Freedom of
Information Act 1982 ss 11A(5) and 47E(c).
'RI' and Department of Home Affairs (Freedom of
information) [2019] AICmr
71
Freedom of Information — Whether disclosure would
prejudice lawful methods or procedures — Whether disclosure
would have a substantial adverse effect on the proper and efficient
conduct of the operations of an agency — Whether disclosure
is contrary to the public interest — (CTH) Freedom of
Information Act 1982 ss 11A, 37(2)(b) and 47E(d)
Justin Warren and Services Australia (Freedom of
information) [2019] AICmr
70
Freedom of Information — Whether documents brought
into existence for the dominant purpose of briefing a Minister on a
Cabinet document — Whether disclosure would prejudice lawful
methods or procedures — Whether document contains
deliberative matter prepared for a deliberative process —
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),
34(1)(c), 37(2)(b), 47C and 47E(d)
Van Dieren and Australian Securities and Investments
Commission [2019] AATA
4777
PRACTICE AND PROCEDURE – application for stay of
decision under s 41(2) of the Administrative Appeals Tribunal Act
1975 – relevant considerations – prospects of success
– consequences for the Applicant of a refusal of stay –
public interest – consequences for the Respondent in carrying
out its functions – whether the application for review would
be rendered nugatory – stay application refused –
Tribunal does not have power to order any stay on publication by
way of a media release where there has not been a stay granted
– order that the hearing of the application be
expedited
Administrative Appeals Tribunal Act 1975 (Cth) – ss 41,
41(2); Australian Securities and Investments Commission Act 2001
(Cth) – s 1(2); Corporations Act 2001 (Cth) – ss
670A(1), 760A, 920A, 920A(1), 1041H(1)
Frugtniet v Tax Practitioners Board
[2019] FCAFC 193
ADMINISTRATIVE LAW – Appeal from Federal Court
decision dismissing appeal under s 44 of the Administrative Appeals
Tribunal Act 1975 (Cth) against Administrative Appeals Tribunal
(AAT) decision – where no further hearing
held after reconstituting the AAT – where AAT affirmed Tax
Practitioners Board decision terminating the appellant's
registration as a tax agent under ss 40-5(1)(b), Tax Agent Services
Act 2009 (Cth), on the ground it was not satisfied he was a fit and
proper person – whether AAT breached procedural fairness
including by reason of delay or the failure by the reconstituted
Tribunal to hold a further hearing – whether AAT erred in
having regard to certain evidence of conduct in court and other
tribunal proceedings – whether AAT erred in having regard to
a witness statement where the witness was not called –
whether AAT had jurisdiction to determine the validity of the
Board's decision – where only a court may authoritatively
determine whether an administrative body has acted within
jurisdiction – where AAT's decision effectively overtook
any jurisdictional error in the Board's decision – appeal
dismissed
The Wilderness Society (Tasmania) Inc v Minister for the
Environment [2019] FCA
1842
ENVIRONMENT LAW – application for judicial review of
a referral decision made under the Environment Protection and
Biodiversity Conservation Act 1999 (Cth) – where a delegate
of the Minister decided under s 75 of the Act that the proposed
action was not a "controlled action" – where
delegate adopted Departmental brief as reasons for decision –
whether delegate's decision involved an error of law or
misdirection due to erroneous view of Act's requirements,
including task under s 75 – where delegate relied on
assessment of proposed action conducted by the Tasmanian Parks and
Wildlife Service under the "Reserve Activity Assessment"
(RAA) process – where delegate took into account mitigation
and avoidance measures proposed by proponent under RAA process in
deciding action was not a "controlled action" –
whether non-compliance with s 77A of the Act – whether
delegate was required to consider whether to exercise power in s
74A of the Act before making decision under s 75 –
application allowed
Da Silva v Building Professionals Board
[2019] NSWCATOD 177
ADMINISTRATIVE REVIEW – accredited certifier –
whether construction certificate plans inconsistent with
development consent – whether development consent authorised
variations – finding of unsatisfactory professional conduct
– appropriate penalty
Wilson v Brisbane; Wilson v Chan & Naylor
Parramatta Pty Ltd [2019] NSWSC
1598
ADMINISTRATIVE LAW – Judicial review – Civil
and Administrative Tribunal of NSW – Decisions of an Appeal
Panel and Senior Member of the New South Wales Civil and
Administrative Tribunal – Refusal to conduct judicial review
under s 34 of the Civil and Administrative Tribunal Act 2013 (NSW)
PRACTICE AND PROCEDURE – Civil procedure – Application
for leave to appeal from the decisions of an Appeal Panel and
Senior Member of the New South Wales Civil and Administrative
Tribunal as to costs – Civil and Administrative Tribunal Act
2013 (NSW), s 83 – Appeal on a question of law – Where
the decision of the Senior Member does not involve an
"external or internal appeal" – Inappropriate
exercise of discretion – Failure to provide adequate reasons
– Failure to afford procedural fairness
Council of the City of Ryde v Azizi
[2019] NSWSC 1605
ADMINISTRATIVE LAW – jurisdictional error –
judicial review of Determinations of Compensation issued by the
Valuer-General under s 47 of the Land Acquisition (Just Terms
Compensation) Act 1991 (NSW) – whether the Determinations
with respect to underlying zoning and development standards lacked
probative evidence and were legally unreasonable – whether
the Determinations with respect to the comparable sales method of
valuation were legally unreasonable – not legally
unreasonable – impermissible merits review – no
jurisdictional error ADMINISTRATIVE LAW – jurisdictional
error – whether there was power to award certain disturbance
costs under s 59(1)(a) of the Land Acquisition (Just Terms
Compensation) Act 1991 (NSW) – where the Valuer-General
misdirected himself to the date from which disturbance costs were
claimable in accordance with Hoy v Coffs Harbour City Council
[2016] NSWCA 257 – whether the legal error made by the
Valuer-General in making the Determinations has the consequence
that the Determinations are liable to be set aside for
jurisdictional error – jurisdictional error –
Determinations set aside – declaration made CIVIL PROCEDURE
– stay – orders made by consent staying the legal
effect of the Valuer-General's Determinations until the final
disposition of the proceedings – whether the Court can stay
the operation of an Act COSTS – party/party – issues
severable – first and second defendants successful on 70 per
cent of issues in the case – plaintiff to pay 30 per cent of
the first and second defendants' costs
Ashworth v Terrill [2019] NSWSC
1596
ADMINISTRATIVE LAW – procedural fairness –
notice not given by Registrar General when primary application made
by neighbour to bring land under Real Property Act 1900 (NSW)
– relief granted
CJU v Northern Sydney Local Health
District [2019] NSWCATAD
236
ADMINISTRATIVE LAW – privacy – whether an
application for internal review has been made – whether the
alleged conduct is established – alleged disclosure and use
of personal information –- alleged disclosure to legal
representative and employee - judicial functions exemption.
Sneesby v Shoalhaven City Council
[2019] NSWCATAD 234
FREEDOM OF INFORMATION - consultation with third parties
– personal information – prejudice to court proceedings
or right to procedural fairness.
Insurance Australia Ltd t/as NRMA Insurance v Gurbuz
Aslan [2019] NSWSC
1587
ADMINISTRATIVE LAW — Judicial Review — Motor
Accidents Compensation Act 1999 (NSW) s 92(1)(b) — Where
plaintiff sought that the claim be exempt from informal assessment
process on the grounds that it was not suitable due to the first
defendant's false and misleading statements — Whether
there was error of law or jurisdictional error on the part of the
assessor — Whether the assessor asked the correct question
— Errors established — Matter remitted for
determination according to law
Wagner
& Ors v Nine Network Australia & Ors
[2019] QSC 284
DEFAMATION – DAMAGES – GENERAL DAMAGES –
ASSESSMENT – IN GENERAL – where a jury found that a 60
Minutes program imputed that the plaintiffs caused a man-made
disaster and that the disaster was the result of their failing to
take steps that they should have to prevent a quarry wall on
property they owned from collapsing, causing a devastating wall of
water to destroy Grantham and kill twelve people – where the
jury found that the sixth defendant, an experienced journalist who
featured in the program, conveyed a similar imputation by his words
– where the program also was found to impute that the
plaintiffs sought to conceal the truth about the role their quarry
played in the flood and that the plaintiffs disgracefully refused
to answer to the public for their failure to take steps to prevent
the quarry wall they owned from collapsing and causing the flood
– what award of damages should be given to each plaintiff
against the Nine Network defendants and against Mr Cater
DEFAMATION – DAMAGES – GENERAL DAMAGES - ASSESSMENT
– SPECIAL MATTERS – AGGRAVATION – CONDUCT OF THE
PARTIES – where the plaintiffs claim aggravated compensatory
damages on the basis that the defendants engaged in conduct that
was improper, unjustifiable or lacking in bona fides – where
the defendants made inadequate attempts to ascertain the truth
– where the defendants possessed information which
contradicted allegations in the program but did not report it
– where the defendants made belated attempts to seek a
response from the plaintiffs and did not include in the program any
part of a statement issued by the plaintiffs – where, despite
the findings of a Commission of Inquiry which in October 2015
discredited the allegations in the program, the defendants pleaded
a defence of justification for seven months, withdrawing it in
November 2018 – where the defendants have failed to broadcast
a correction, retraction or apology in the years following the
program – whether the defendants engaged in conduct which was
improper, unjustifiable or lacking in bona fides – whether
there should be awards of aggravated compensatory damages against
the Nine Network defendants and against Mr Cater
DEFAMATION – DAMAGES – GENERAL DAMAGES –
ASSESSMENT – SPECIAL MATTERS – MITIGATION – where
in September 2018 the plaintiffs received large awards of damages
for numerous defamations, including substantially similar
imputations, broadcast on a radio show – whether the previous
awards and any public vindication achieved by reporting that
decision should mitigate damages, and the extent of any such
mitigation
Meissner v Commissioner for Liquor and Gaming &
Anor [2019] QCAT
338
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
related proceeding in Planning and Environment Court –
whether review proceeding should await outcome of Court
proceeding
GAMING AND LIQUOR – ADMINISTRATION – LIQUOR LICENSING
– LICENSING TRIBUNALS GENERALLY – REVIEWS, APPEALS AND
CASES STATED – GENERALLY – where objector seeks to lead
new evidence – whether tribunal can receive evidence that
came into existence after reviewable decision made
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s
3(b)
Body Corporate for Holland Park View Apartments v
Queensland Building and Construction Commission
[2019] QCAT 334
The decision of the Commission given on 24 May 2018 is
confirmed
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – general
administrative review – direction to rectify – where a
body corporate complained about defective work – where the
Commission found building work was not defective and refused to
direct rectification – where the work complied with statutory
requirements – where the body corporate maintained the work
did not comply with the contract – whether failure to comply
with the contract amounted to defective building work
Statutory Instruments Act 1992 (Qld), s 7(3)
Pivovarova v Michelsen [2019] QCA
256
ADMINISTRATIVE LAW – STATUTORY APPEALS FROM
ADMINISTRATIVE AUTHORITIES TO COURTS – where applicant seeks
leave to appeal a decision of the appeal tribunal of the Queensland
Civil and Administrative Tribunal – where s 150(3)(a) of the
Queensland Civil and Administrative Tribunal Act 2009 (Qld)
provides that an appeal may be made "only on a question of
law" – whether the grounds of the proposed appeal raised
by the applicant are limited to questions of law – whether
the Court of Appeal lacks jurisdiction to hear and determine the
proposed appeal
Administrative Appeals Tribunal Act 1975 Cth s 44; Queensland Civil and Administrative Tribunal Act 2009 Qld s 142, s 149, s 150, s 153; Uniform Civil Procedure Rules 1999 Qld r 765(1)
PRS v Crime and Corruption Commission
[2019] QCA 255
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES
– INTERFERENCE WITH DISCRETION OF COURT BELOW – IN
GENERAL – OTHER MATTERS – where the appellant in the
first instance applied for injunctive relief against the respondent
– where the application arose out of an investigation into
alleged corrupt conduct by a person (ABC) who held an appointment
in a unit of public administration – where an investigation
by the respondent concerned dealings between the appellant and ABC
– where the application in the first instance was dismissed
– where the appellant seeks to appeal the decision to dismiss
the application – where fourteen grounds of appeal were
initially articulated in the amended notice to appeal, but were
subsequently grouped into six grounds – where it is contended
that the court erred in failing to order the respondent to provide
disclosure of documents – where it is contended that the
court erred in failing to allow the appellant leave to amend the
orders sought – where it is submitted that the court erred in
finding that the investigation had concluded at the relevant time
and that the court therefore had no power to grant injunctive
relief pursuant to s 332 of the Crime and Corruption Act 2001 (Qld)
– where it is argued that the court erred in finding that a
police officer seconded by the respondent had the power to charge
the appellant in relation to a corruption offence – where it
is submitted that the court erred in finding that it should not
embark upon a consideration of the appellant's complaint as to
unfairness – whether the learned primary judge erred in the
first instance pursuant any of to the appealed grounds
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
INTERPRETATION ACTS AND PROVISIONS – EXERCISE OF POWERS AND
DUTIES – GENERALLY – where the learned primary judge
concluded that the investigation of the respondent had concluded
and the court therefore had no power to grant injunctive relief
pursuant to s 332 of the Crime and Corruption Act 2001 (Qld)
– where the appellant argues that for the purposes of s 332
the relevant time for deciding whether an investigation is on foot
or not is the time at which a person "claims" one of the
two bases under s 332(1) Crime and Corruption Act 2001 (Qld)
– where it is contended that the interpretation of the s 332
of the Crime and Corruption Act 2001 (Qld) permitted the
circumvention of the of that section by the respondent –
where it is contended that a police officer that was seconded by
the respondent was not able to exercise the powers of an arresting
or charging officer into the conduct of a person called to give
evidence before the respondent as an officer not seconded by the
respondent might – where it is contended that the seconded
officer could not be in a position to determine that any charge
should be laid against the appellant as the officer could not form
a "reasonable suspicion" divorced from consideration of
privileged material – where it is submitted that the
preservation of police powers under s 255(5) of the Crime and
Corruption Act 2001 (Qld) should be read subject to a limitation
– whether the learned primary judge erred in his
interpretation that the court had no power to grant injunctive
relief – whether the learned primary judge erred in
concluding that the investigation was complete – whether the
learned primary judge erred in finding that the officer seconded by
the respondent had the power to charge the appellant in relation to
a corruption offence.Crime and Corruption Act 2001 Qld s 197(7), s
255(5), s 332
Lowis v Queensland Industrial Relations
Commission [2019] QSC
277
ADMINISTRATIVE LAW – JUDICIAL REVIEW –
REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – where
respondent convened hearing for the purpose of the applicant
objecting to the discontinuance of his employer's appeal
– where applicant applied to become a party to the appeal
during hearing – where respondent refused application and
discontinued the appeal – where applicant seeks judicial
review of the decision to refuse the applicant becoming a party to
the appeal – where respondent contends that no such decision
was made as the respondent instead rejected the applicant's
objection to the discontinuance of the appeal – whether the
decision is a decision of an administrative character - whether
provision is made by a law under which the applicant is entitled to
seek a review of the matter
Judicial Review Act 1991 Qld s 20, s 12, s 13; Workers'
Compensation and Rehabilitation Act 2003 Qld s 549, s 51, s 57, s
550, s 553, s 554, s 557, s 558, s 559, s 560, s 561, s 562
Kinchington Estate Pty Ltd v Wodonga City
Council [2019] VSC
745
ADMINISTRATIVE LAW – Judicial review – Order
56 – Agreement under s 173 of the Planning and Environment
Act 1987 (Vic) – Applications by registered proprietor to
amend s 173 agreement – Council refusal to agree in principle
to s 173 amendment applications – Refusal by Council to
furnish statement of reasons – Whether Council was acting as
a 'tribunal' when decisions were made – Definition of
'tribunal' considered – Procedural fairness –
No 2 Pitt Street Pty Ltd v Wodonga City Council (No 3) [1999] 3 VR
439; Muldoon v Melbourne City Council [2013] FCA 994; (2013) 217
FCR 450 referred to and applied – Administrative Law Act 1978
(Vic) ss 2, 8(1) – Planning and Environment Act 1987 (Vic) ss
177, 178A, 178B, 178C-178I.
LJU v Hoffman (Human Rights) (Corrected)
[2019] VCAT 1429
Health Records Act 2001 section 18 - Health Privacy
Principles – whether a health practitioner has breached the
Health Records Act 2001 section 18 and Health Privacy Principles 2,
3 and 4.
The complaints in relation to the breaches of Health Privacy
Principles 2, 3 and 4 are proven.
David Hoffman to pay to LJU the sum of $39,420.00.
Wellington v Surf Coast Shire (Review and
Regulation) [2019] VCAT
1811
Freedom of Information Act 1982 – email provided to
municipal councillors and officers by applicant in support of
planning permit application – whether exempt as personal
information or information received in confidence –ss 33,
35(1)(a) (invoking s 30), 35(1)(b).
Legislation
Commonwealth
Regulations
National
Redress Scheme for Institutional Child Sexual Abuse Amendment (2019
Measures No. 1) Rules 2019
21/11/2019 - This instrument amends the National Redress
Scheme for Institutional Child Sexual Abuse Rules 2018 to exclude
eight Queensland grammar schools from the definition of 'State
institution' under the National Redress Scheme for
Institutional Child Sexual Abuse Act 2018 (the Act) and to
prescribe various Queensland, New South Wales and Victorian laws
for the purposes of section 27 of the Act.
Social
Security (Declared Overseas Terrorist Act—Christchurch 2019)
Declaration 2019
18/11/2019 - This instrument declares the 15 March 2019
attacks in Christchurch as a 'declared overseas terrorist
act' for the purposes of the Australian Victim of Terrorism
Overseas Payment Scheme.
Social
Security (Declared Overseas Terrorist Act) Declaration
2019—Karachi 2002
18/11/2019 - This instrument declares the 8 May 2002
attacks in Karachi as a 'declared overseas terrorist act'
for the purposes of the Australian Victim of Terrorism Overseas
Payment Scheme.
ASIC
Corporations (Whistleblower Policies) Instrument
2019/1146
14/11/2019 - This instrument provides relief to public
companies limited by guarantee that operate on a not-for-profit
basis and have annual consolidated revenue of less than $1 million
from the requirement to have a whistleblower policy under
s1317AI(1) of the Corporations Act 2001.
AusCheck
(Major National Event—International Cricket Council T20 World
Cup Australia 2020) Declaration 2019
11/11/2019 - This instrument enables AusCheck to conduct
and coordinate background checks in connection with the
accreditation of individuals who are working or volunteering at the
T20WC.
Queensland
Subordinate legislation as made – 15 November
2019
No 224
Proclamation No. 2—Human Rights Act 2019 (commencing
remaining provisions)
This Proclamation fixes 1 January 2020 for the commencement of the
provisions of the Human Rights Act that are not in
force.
Bills Updated
Child Death Review Legislation Amendment Bill
Introduced by: Hon Y D'Ath MP on 18/09/2019
Stage reached: 2nd reading to be moved on 18/11/2019
Subordinate legislation as made – 22 November
2019
No 231
Gaming Machine (Approved Financiers) Amendment Regulation
2019
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