In the media
Channel Seven News Brisbane breaches privacy and
impartiality rules
The Australian Communications and Media Authority
(ACMA) has found Channel Seven News Brisbane
breached privacy and impartiality rules during two news programs
which related to the Queensland Building and Construction
Commission (QBCC), broadcast on 30 and 31 July
2019 (05 June 2020).
More...
Optus ordered to hand over information about author of
negative Google review
Optus has been ordered to hand over the details of a
customer accused of defaming a Melbourne dentist through a Google
review, which he says has had a profound impact on his
teeth-whitening business (05 June 2020).
More...
Legislation to Increase Manslaughter sentences
passes
Legislation to increase the maximum penalty for
manslaughter, child homicide and workplace manslaughter has passed
Victorian Parliament (04 June 2020).
More...
Public sector wage freeze will 'cost jobs, hurt
regions'
The NSW government's public sector wage freeze could
indirectly cost 1,100 jobs across the state, according to an
economic analysis by a public policy think tank. The move would see
non-executive frontline staff including nurses, police, paramedics
and teachers get a one-off payment of $1,000 (01 June 2020).
More...
Health leaders warn over 'failing' environmental
laws
More than 180 health professionals have signed an open
letter to environment minister, Sussan Ley, warning the government
to strengthen Australia's weak environment laws, or risk the
future health of the nation (25 May 2020).
More...
Nine appeals $3.6m Queensland flood defamation
case
A wealthy Queensland family defamed in a Nine Network
report about the fatal Grantham floods in 2011 were doubly
compensated when a court awarded them $3.6 million in damages. A 60
Minutes report from May 2015 incorrectly insinuated they were
responsible for the destruction of the town and deaths of 12 people
(25 May 2020).
More...
In practice and courts
OAIC: COVID-19
We have developed advice and guidance on privacy and
freedom of information in the context of the COVID-19 outbreak for
individuals, Australian Government agencies and organisations
covered by the Privacy Act 1988 (01 June 2020). More...
Commonwealth Modern slavery statement paper
This would report on modern slavery risks in the
Government's procurement and investment activities and explain
the steps taken to identify and respond to those risks, and link
with Australia's Modern Slavery Act 2018, the only legislation
in the world requiring a Government to report on modern slavery
risks in its procurement activities (04 June 2020).
More...
Current APH Inquiries and consultations
Legal and Constitutional Affairs Legislation
committee
Migration
Amendment (Prohibiting Items in Immigration Detention Facilities)
Bill 2020 [Provisions]
Federal
Circuit and Family Court of Australia Bill 2019 [Provisions] and
Federal Circuit and Family Court of Australia (Consequential
Amendments and Transitional Provisions) Bill 2019
[Provisions]
Native
Title Legislation Amendment Bill 2019 [Provisions] Report by 20
November 2020
Legal and Constitutional affairs references
committee
Inquiry
into domestic violence with particular regard to violence against
women and their children
Nationhood,
national identity and democracy
On 23 March 2020 the committee's reporting date was extended to
9 September 2020
Inquiry into the exemption of delegated legislation from
parliamentary oversight
The Senate Standing Committee for the Scrutiny of
Delegated Legislation raised significant concerns about the
increasing exemption of delegated legislation from parliamentary
oversight in the 2019 report. Such concerns are also relevant to
the exemption of delegated legislation made in response to the
COVID-19 pandemic from parliamentary oversight. The closing date
for submissions is 25 June 2020. Further details are
here.
Intelligence and Security Legislation Amendment
(Implementing Independent Intelligence Review) Bill 2020
The Parliamentary Joint Committee on Intelligence and
Security is calling for submissions on the Intelligence and
Security Legislation Amendment (Implementing Independent
Intelligence Review) Bill 2020. Further information on the bill can
be found
here. On 23 March 2020 the Senate extended the committee's
reporting date to 14 October 2020. The closing date for submissions
is 25 June 2020.
Queensland
QLS: Retail Shop Leases and Other Commercial Leases
(COVID-19 Emergency Response) Regulation 2020
The
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency
Response) Regulation 2020 was made and notified on 28 May 2020.
The Explanatory Notes
are available here. The purpose of the regulation is to
mitigate the effect of COVID-19 and also specifically to give
effect to the good faith leasing principles in the
'National Cabinet mandatory code of conduct—SME
commercial leasing principles during COVID-19' (03 June
2020).
Queensland Sentencing Advisory Council: Sentencing
Spotlight on stalking
This examined sentencing outcomes data between July 2005
and June 2019 with a total of 1,698 cases sentenced where stalking
was the most serious offence heard at the sentencing event.
Contravention of a domestic violence order is the most common
associated offence with stalking (28 May 2020).
More...
Inquiry into the Queensland Government's economic
response to COVID-19
The Queensland Economics and Governance Parliamentary
Committee is calling for submissions on their inquiry into the
Queensland Government's economic response to COVID-19. Further
information and details on the terms of reference can be found on
the
Inquiry Homepage. Feedback is welcomed by 3
June.
Queensland Sentencing Advisory Council Issues paper:
Penalties for Assaults on Public Officers
The Council has published an
Issues Paper that explores the themes raised in preliminary
submissions and is supported by the Council's analysis of
sentencing trends and reforms introduced in other Australian and
overseas jurisdictions. Further information about the review is
available on the
QSAC website. Submissions close on 25 June 2020
Penalties for assaults of public officers.
Department of the Premier and Cabinet Consultation:
Annual report 2018-19
Feedback survey open until 26 June 2020 - help us improve
our annual reports so readers can use them more effectively.
More...
Published - articles, papers, reports
Vindication of Professional Reputation Arising from
Defamatory online publications
Beijing Law Review ,Ian Freckelton QC.
This article identifies the growing phenomenon of professionals
suing their clients/patients for online defamation of their
professional status and reputation. It reviews the phenomenon of
ratings websites and scrutinises the growing popularity of such
forms of feedback, identifying benefits but also detriments of such
sites.
More...
Cases
Alpert and Secretary, Department of Defence (Freedom of
information) [2020] AATA
1632
FREEDOM OF INFORMATION – Confidentiality Order
– Legal Professional Privilege – Claim of Legal
Professional Privilege – Whether Legal Professional
Privileged Waived –– Confidentiality Order
Granted
Administrative Appeals Tribunal Act 1975 (Cth); Freedom of
Information Act 1982 (Cth)
BP Refinery (Kwinana) Pty Ltd v Tracey
[2020] FCAFC 89
ADMINISTRATIVE LAW – application for judicial review
– where writ of certiorari sought – jurisdictional
error – Full Bench of the Fair Work Commission alleged to
have misconceived its appellate function – could only set
aside decision of Deputy President if satisfied there was an error
as identified in House v The King – Deputy President's
conclusion that meme constituted valid basis for dismissal not
reasonably open as conclusion was outside the legally permissible
range of conclusions – no error by Full Bench of the Fair
Work Commission – where alleged failure to consider question
of fact – s 400(2) of the Fair Work Act 2009 (Cth) is a basal
pre-condition to an exercise of power – no error by Full
Bench of the Fair Work Commission – application
dismissed.Fair Work Act 2009 (Cth) ss 385, 385(b), 387, 396,
400(2), 604, 607(3)
Roadshow Films Pty Limited v Telstra Corporation Limited
(No 2) [2020] FCA
769
PRACTICE AND PROCEDURE – site blocking application
pursuant to s 115A of the Copyright Act 1968 (Cth) – form of
final orders. Copyright Act 1968 (Cth) s 115A
Brett Cattle Company Pty Ltd v Minister for
Agriculture [2020] FCA
732
In accordance with the practice of the Federal Court in
some cases of public interest, importance or complexity, the
following summary has been prepared to accompany the orders made
today
ADMINISTRATIVE LAW — validity of delegated legislation
— test for validity — representative proceeding under
Pt IVA of the Federal Court of Australia Act 1976 (Cth) —
livestock export industry — where public affairs broadcast
revealed inhumane treatment of Australian cattle exported to
Indonesian abattoirs — where broadcast resulted in public
outcry and political pressure on Government — where the
Minister made two control orders under s 7 of the Export Control
Act 1982 (Cth) in short succession — where second control
order prohibited the export of all livestock from Australia to the
Republic of Indonesia for a period of 6 months — where first
control order did, but second control order did not, provide power
to grant exceptions — where purpose of second control order
was to enable Australian Government to develop a regulatory and
compliance regime to address concerns regarding slaughter of
livestock in Indonesian abattoirs — where various exporters
were already capable of ensuring livestock exported to the Republic
of Indonesia would remain within a closed loop system and not be
subject to inhumane conditions up to the time of slaughter —
whether second control order was valid exercise of Minister's
power under s 7 of the Export Control Act — whether second
control order invalid on basis of unreasonableness —
application of proportionality tool of analysis to evaluate
validity of delegated legislation — whether second control
order was suitable, necessary and appropriate and adapted to
achieve a legitimate end within power conferred on Minister by s 7
of the Export Control Act — second control order was
unreasonable, capricious, unnecessary and inadequate in its balance
— second control order invalid
TORTS — misfeasance in public office — whether Minister
committed tort of misfeasance in public office by making second
control order
DAMAGES — compensatory damages
EVIDENCE — where Minister did not give evidence — no
direct evidence of Minister's state of mind or of what he would
have done had he exercised his power validly — where impugned
decision made after Cabinet meeting — where Minister put no
documents before Cabinet — whether inference open that any
evidence the Minister would have given would not have assisted the
respondents
Australian Meat and Live-Stock Industry Act 1997 (Cth), ss 3, 4,
10, 17
Evidence Act 1995 (Cth), s 140
Export Control Act 1982 (Cth), ss 3, 7, 25
Federal Court of Australia Act 1976 (Cth), Part IVA
Judiciary Act 1903 (Cth), s 39B
Legislative Instruments Act 2003 (Cth), ss 4, 17, 26, 38, 42
Taylor v The National Injury Insurance Agency
Queensland [2020] QSC
132
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – GENERALLY - where the Respondent is an agency
under the National Injury Insurance Scheme (Queensland) Act 2016
(Qld) – where the Applicant is a participant in the scheme
created by the National Injury Insurance Scheme (Queensland) Act
2016 (Qld) – where the Respondent denied the Applicants
service request for external case management – where the
Respondent sought to appoint itself as case manager - where the
Applicant seeks review the decision under the Judicial Review Act
1991 (Qld) on the grounds that there was no evidence to justify the
decision, the decision was an improper exercise of power conferred
by statute, the decision was contrary to law, the Applicant was not
afforded natural justice, and the Respondent was affected by bias
– whether the Applicant's grounds for review are
founded
ADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS OF COURTS
UNDER JUDICIAL REVIEW LEGISLATION – DIRECTION TO ACT OR
REFRAIN FROM ACTING – where Respondent has improperly
exercised power conferred by statute in seeking to appoint itself
as case manager – where relevant facts uncontested - whether
appropriate to give direction to respondent to act under s 30(1)(d)
of the Judicial Review Act 1991 (Qld)
The Chief Executive, Office of Fair Trading, Department of
Justice & Attorney-General v Power [2020]
QCAT 159
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Claim
Fund under Agents Financial Administration Act 2014 (Qld) –
whether reimbursement order should be made – where property
agent misused trust funds – where requirements for
reimbursement order met – where Tribunal does not have
discretion once requirements met
Agents Financial Administration Act 2014 Qld s 64, s 102, s 117, s
118, s 119; Queensland Civil and Administrative Tribunal Rules 2009
Qld r 39
Harris v Queensland Building and Construction Commission
& Anor [2020] QCAT
155
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
application to review a decision to disallow a claim under the
statutory insurance scheme – whether a homeowner should have
the benefit of a legislative scheme
PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE
SCHEME - claim under statutory insurance scheme for residential
construction work – where false representations made that a
relevant licence was held – where claim is allowed
Queensland Civil and Administrative Tribunal Act 2009 Qld s 20
Rajagopal v Queensland Building and Construction
Commission [2020] QCAT
154
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– GENERALLY – review of a decision to disallow a claim
under the statutory insurance scheme – whether the driveway
and other defective work was primary building work under the
scheme.Acts Interpretation Act 1954 QLD s 14A; Queensland Civil and
Administrative Tribunal Act 2009 Qld s 20, s 24
Legislation
Commonwealth
Act Compilation
Privacy
Act 1988
29/05/2020 - Act No. 119 of 1988 as amended
Queensland
Subordinate legislation as made – 05 June
2020
No 83
Liquor (Fee Relief) and Other Legislation Amendment Regulation
2020
No 84
Corrective Services (COVID-19 Emergency Response) Regulation
2020
Acts
No 15
Justice and Other Legislation Amendment Act 2020
No 16
Justice and Other Legislation (COVID-19 Emergency Response)
Amendment Act 2020
Bills updated
Justice and Other Legislation Amendment Bill 2019
Stage reached: Passed with amendment on 20/05/2020
Assent Date: 25/05/2020 Act No: 15 of 2020 Commences: see Act for
details
The principal purposes of the Bill are to amend legislation within
the justice portfolio to improve the efficiency and effectiveness
of the courts and administrative agencies and clarify, strengthen
and update that legislation
Justice and Other Legislation (COVID-19 Emergency Response)
Amendment Bill 2020
Stage reached: Passed with amendment on 21/05/2020 Assent Date:
25/05/2020 Act No: 16 of 2020
Commences: see Act for details
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.