Australia: Queensland Government Bulletin - 1 July 2015

The latest Queensland Government news

In the media

Optimal conditions for effective self- and co-regulatory arrangements
A key feature of this transition strategy is the increasing reliance on non-regulatory interventions seeking to solve contemporary media and communications issues. This new paper discusses the ACMA's growing use of innovative approaches to communicate, facilitate and, more generally, adopt better practice strategies (25 June 2015). More...

Self-regulation to help address 'new' internet risks
The scope of this third edition of the ACMA's occasional paper has been expanded to address the 'new' risks and problems arising from internet-enabled (IP) technology and service developments. A key feature of this transition strategy is the increasing reliance on non-regulatory interventions seeking to solve contemporary media and communications issues (25 June 2015). More...

Improved access to justice for vulnerable women
Work is underway to strengthen the capacity of Australian courts to ensure access to justice for Indigenous women as well as women from culturally and linguistically diverse backgrounds (24 June 2015). More...

Commissioner Gillian Triggs commended for not cowing on human rights
If you want to question the function of the Australian Human Rights Commission, study the letter of the law (23 June 2015). More...

Tough new laws for child sex offenders in NSW
Child sex offenders will now face tougher sentences under legislation passed by the NSW Parliament, and include additional child sex offences in the Standard Non-Parole Period (SNPP) Scheme. Ms Upton said the legislation will help ensure sentences better align with community expectations (24 June 2015). More... More...

Next generation Biometric Identification System
Minister for Justice, Michael Keenan, said Federal Government agency CrimTrac has gone to market for a next generation Biometric Identification System that has the potential to recognise not only fingerprints, but palm and footprints, and facial images. The system will replace the National Automated Fingerprint Identification System (NAFIS) in 2017 (22 June 2015). More...

Statement by the Attorney-General and Minister for Justice in Qld
Attorney-General, Yvette D'Ath, said this government took a comprehensive plan to tackle alcohol-fuelled violence to the election. Their plan is based on the advice of experts in the field and the clear experience of other jurisdictions who are successfully tackling this issue (19 June 2015). More...

Escalating court fees erode access to justice
The Law Council of Australia is concerned the increase in filing fees in the High Court, Federal Court, Family Court and Federal Circuit Court will further undermine access to justice. Just two years ago, federal court filing fees were tripled. Now, court users are having even greater taxes imposed on them while little is given back to the justice system (17 June 2015). More...

CCC will not investigate Police Minister
The CCC) has completed an assessment into whether the Minister for Police, Fire and Emergency Services unlawfully contacted an individual who has alleged criminal conduct by a Member of Parliament. The CCC has determined it is in the public interest to confirm it will not proceed with an investigation (18 June 2015). More...

Pocketful of Tunes Pty Ltd v The Commonwealth of Australia (No 2) [2015] ACopyT 2
The Copyright Tribunal handed down its decision on costs in relation to proceedings in which the Commonwealth had used the song on a citizenship DVD without agreeing a licence for the use with the rights holders. Separate proceedings are presently on foot in the Federal Court in which the author of the song is claiming moral rights infringement in relation to the use of the song in the DVD (16 June 2015). More...

In practice and courts

National Legal Profession Uniform Law to Start Mid- July
From the middle of 2015 onwards, the regulation of the New South Wales legal profession will be changed by the Legal Profession Uniform Law. As we have previously reported, the Uniform Law will create a common legal services market across NSW and Victoria, encompassing almost three quarters of Australia's lawyers. More...

Australian Copyright Council case commentary

Commissioner of Taxation v AusNet Transmission Group Pty Ltd [2015] FCAFC 60 – 16 June 2015.

Pocketful of Tunes Pty Ltd v The Commonwealth of Australia (No 2) [2015] ACopyT 2 – 16 June 2015.

Copyright in building plans: a new case – 16 June 2015.

Legal Affairs and Community Safety Committee: Report No. 82 - Inquiry on strategies to prevent and reduce criminal activity in Queensland, government response | 2015 | Qld
Letter from the Attorney-General and Minister for Justice, Yvette D'Ath, to the Clerk of the Queensland Parliament as a response to Report No. 82 - Inquiry on strategies to prevent and reduce criminal activity in Queensland. More...

Published – articles, papers, reports

Building social cohesion in our communities: an online resource for local government
Australian Human Rights Commission; Australian Centre of Excellence for Local Government This resource aims to assist local government to develop strong, culturally diverse and socially connected communities (24 June 2015). More...

Reform of the Federation: discussion paper 2015
Department of the Prime Minister and Cabinet (Australia)
This discussion paper is a working draft. The Green Paper is yet to be finalised and is intended to be released later in 2015 after further discussions with the States and Territories. This paper asks whether the Federation provides the system of national governance that Australians need right now (23 June 2015). More...

Cases

Rita Lahoud and Department of Education and Training [2015] AICmr 41
Freedom of Information — Whether work involved in processing 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. More...

'GA' and Department of the Prime Minister and Cabinet [2015] AICmr 42
Freedom of Information — Commonwealth-State relations — Personal information —Whether disclosure of personal information unreasonable — Whether disclosure would be contrary to the public interest— (CTH) Freedom of Information Act 1982 ss 11A, 47B, 47F. More...

Donovan Hill Pty Ltd v McNab Constructions Australia Pty Ltd [2015] QCA 114
ADMINISTRATIVE LAW - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the QBSA issued a number of directions to rectify to the respondent in respect of an apartment complex – where the respondent applied to the Commercial and Consumer Tribunal for review of the decisions to issue the directions – where the review proceedings became proceedings in QCAT as successor to the Commercial and Consumer Tribunal – where the respondent applied under s 42 of the QCAT Act for orders joining an array of entities as parties to each of the applications – where the applicant sought to be joined in each review proceeding under the name Donovan Hill Architects – where a member of QCAT ordered that the joinder application be dismissed with respect to all entities sought to be joined – where directions were made that any application for costs by QBSA or any of the proposed parties be filed by 18 January 2013 and that the costs applications be determined on the papers – where the applicant filed an application for costs – where three of the other proposed parties also applied for costs – where the Tribunal member made orders in respect of the applications on 20 August 2013 – where the respondent appealed against those orders and costs orders made in favour of two of the other proposed parties – where an Appeal Tribunal of QCAT allowed the appeal, set aside the costs orders and dismissed the costs applications of the applicant and the other two proposed parties – where a live issue in both the application before the member and the appeal to the Appeal Tribunal was whether QCAT has power to award costs to a person who successfully resists a joinder application – where the member concluded that QCAT was so empowered – where the Appeal Tribunal held that QCAT was not so empowered – whether the determination of a joinder application under s 42 is in exercise of QCAT's original jurisdiction or its review jurisdiction – whether QCAT is empowered to award costs to a person whom a party to a proceeding in QCAT has unsuccessfully sought to join in the proceeding. More...

Zhang v Queensland Building and Construction Commission (No 2) [2015] QCAT 192
GENERAL ADMINISTRATIVE REVIEW – COSTS – whether in the interests of justice to make order other than the parties bear their own costs. Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No 2) [2010] QCAT 412 Zhang v Queensland Building and Construction Commission [2015] QCAT 106. More...

Close v Moreton Bay Regional Council [2015] QCAT 191
ADMINISTRATIVE REVIEW – destruction order – hearing and determination in the absence of a party. More...

Legislation

Queensland

Subordinate legislation as made

No 42: Public Sector Ethics Amendment Regulation (No. 1) 2015 – 26 June 2015 – amends the Public Sector Ethics Act 1994.

Justice Legislation (Fees) Amendment Regulation (No. 1) 2015.

No 53: Justice Legislation (Fees) Amendment Regulation (No. 1) 2015 – 26 June 2015 – fees effective from 01 July for all underpinning legislation.

No 66: Disability Services Amendment Regulation (No. 1) 2015 – 26 June 2015 – amends the Public Sector Ethics Act 1994.

No 67: Professional Standards (New South Wales Bar Association Scheme) Notice 2015 – 26 June 2015 – amends the Professional Standards Act 2004.

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.

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