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.