Australia: Queensland Government Bulletin - 15 July 2015

The latest Queensland Government news

In the media

Cracking Down On Drunk, Drugged Drivers
In Victoria, the Andrews Labor Government is cracking down on some of the most dangerous drivers, who mix alcohol above the legal limit with illicit drugs and then get behind the wheel, with new legislation in force from 01 August 2015(12 July 2015). More...

Alleged president of Queensland's Mongols outlaw bikie gang denied bail
Queensland's police investigation into the alleged state president of the Mongols motorcycle gang has been criticised by a Brisbane Magistrate when denying the man bail (09 July 2015). More...

Chief Justice Resigns in Queensland
Attorney-General Yvette D'Ath and Chief Justice Tim Carmody have jointly announced that the Chief Justice has resigned, and will retain his standing as a Judge of the Supreme Court. Ms D'Ath has confirmed that the Chief Justice position will be filled by an existing member of the court (01 July 2015). More...

CCC media statement: Update on investigation into cocaine-trafficking syndicate
In light of recent media reports, the CCC has determined that it is in the public interest, and in the interests of fairness, to issue an updated statement clarifying information about its investigation into a cocaine-trafficking syndicate (01 July 2015). More...

Strengthening Legal Advice to the Commonwealth
Today the Australian Government completed the consolidation of the Australian Government Solicitor into the Attorney-General's Department. The Judiciary Amendment Act 2015 supports the consolidation by ensuring that there is minimal disruption to the operations of AGS and that it maintains its independent functional identity and name. (01 July 2015). More...

Crime and Corruption Commission temporary appointments in Qld
Attorney-General and Minister for Justice Yvette D'Ath has announced a series of temporary appointments to the Crime and Corruption Commission. Mrs D'Ath said the terms of four CCC officers acting in their roles - the chairperson, chief executive officer and two commissioners - expire today (30 June 2015). More...

In practice and courts

OAIC: Guide to privacy regulatory action
The OAIC has released a new Guide to privacy regulatory action to support the Privacy regulatory action policy released in November 2014. The Guide sets out a detailed explanation of how the OAIC will exercise its privacy regulatory powers and the procedural steps the OAIC will take in using these powers (01 July 2015). More...

OIC QLD: What to do when you've been consulted as a third party
This Information Sheet will assist consulted third parties to understand their rights and obligations, the limitations of the consultation process, and their rights of review (30 June 2015). More...

OIC QLD: How to review and measure your agency's progress in implementing RTI and IP
This guideline provides insight into how the Office of the Information Commissioner measures an agency's compliance with the Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld) (30 June 2015). More...

Published – articles, papers, reports

Judicial Paper: Is access to justice a right or a service?
The Federal Court has released Is access to justice a right or a service? (a paper presented by Justice Steven Rares at the Access to Justice - Taking the Next Steps symposium held at Monash University, presented on 26 June 2015. More...

Cases

Huntley v State of NSW, Department of Police and Justice (Corrective Services NSW) [2015] FCCA 1827
HUMAN RIGHTS – Disability discrimination – whether respondent failed to provide reasonable adjustments – whether applicant was unable to perform inherent requirements of the employment position – whether respondent breached terms of employment contract. Australian Human Rights Commission Act 1986 (Cth), ss.46PH, 46PO. More...

Baboolal v Fairfax Digital Australia and New Zealand Pty Ltd & Ors [2015] QSC 196
DEFAMATION – ACTIONS FOR DEFAMATION – PLEADING – QUEENSLAND – where the plaintiff is a specialist physician and was the executive director of a large public hospital – where the first defendant published three separate news articles, one with reader comments, which the plaintiff alleges contained numerous defamatory imputations of and concerning the plaintiff – where the first defendant applied to strike out 33 pleaded imputations pursuant to r 171(2) of the Uniform Civil Procedure Rules 1999 (Qld) – whether the pleaded defamatory imputations are reasonably capable of being conveyed – whether some pleaded defamatory imputations ought to be pleaded in the alternative – whether the first article contains an antidote to the alleged bane constituting the remainder of the first article. More...

Sunshine Coast Regional Council v Earthpro Pty Ltd & Ors [2015] QSC 168
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY - where the adjudicator was mistaken about claim dates - where the adjudicator decided claims based on information not provided by either party - where the applicant claimed that the adjudicator failed to have proper regard to submissions made - whether the adjudicator's actions amounted to procedural unfairness. CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT TO AND RECOVERY OF PROGRESS PAYMENTS – OTHER MATTERS - where part of an adjudication decision is affected by jurisdictional error - where the proceeding to challenge the adjudicator's decision was brought before the Building Construction Industry Payment Act 2004 ("the Act") was amended to include s.100(4) - whether s.100(4) of the Act applies to the proceeding. ESTOPPEL – ESTOPPEL BY JUDGMENT – RES JUDICATA OR CAUSE OF ACTION ESTOPPEL – PARTICULAR CASES - where the respondent was unsuccessful in a previous adjudication - where the respondent brought a new claim based on similar facts using a different contractual clause - where the respondent adduced new evidence - whether the adjudicator was bound by an issue estoppel - whether the parties to the adjudication were bound by a decision of a previous adjudicator. More...

Speedy v Queensland Building and Construction Commission [2015] QCAT 245
GENERAL ADMINISTRATIVE REVIEW – PERMITTED INDIVIDUAL – where relevant event was administration of company – where circumstances were inability to pay creditors and recover money owing from debtors –– whether individual took reasonable steps – where appropriate provision not made for taxation debts - where loans to related entities while having outstanding tax liabilities – where steps to recover amounts owing not sufficient – where no attempt to examine debtor finances, negotiate more favourable payment arrangements or seek further security. D'Arro v. Queensland Building and Construction Commission [2015] QCAT 100 Ernst v. Building Services Authority [2011] QCATA 155 Papallo v Queensland Building Services Authority [2012] QCAT 59 Walker v. Wimborne (1976) 137 CLR 1 Younan v Queensland Building Services Authority [2010] QDC 158. More...

Bielefeld v The Commissioner of State Revenue [2015] QCAT 222
GENERAL ADMINISTRATIVE REVIEW - FIRST HOME OWNER GRANT ––– whether 'eligible transaction' - whether 'home' – where applicant contracted for builder to undertake building work - where builder used relocated house - where applicant did not buy house 'fixed to land' – whether 'new home' – whether home 'previously occupied or sold as a place of residence' - where building could not have been 'lawfully used as place of residence' and was not a 'suitable building for use as place of residence' - where substantial change to building – whether 'substantially renovated' home – whether 'contract for the purchase of the home' requires acquiring a 'relevant interest in land' to determine 'substantially renovated' – where no express words to that effect – whether 'comprehensive home building contract' – where building contract from deposit to completion. In re Jose [1941] SASR 26O'Neill v. Commissioner of State Revenue [2014] QCAT 482. More...

DT & Anor v Department of Justice and Attorney-General - Industry Licensing Unit & Anor [2015] QCAT 228
GENERAL ADMINISTRATIVE REVIEW – Tattoo Parlours Act 2013 – where review of decision to refuse a licence – preliminary issue – where issue is whether information relied on by the Police Commissioner in making an adverse security determination correctly categorised as a criminal intelligence report or other criminal information mentioned in s 20(3) of the Tattoo Parlours Act 2013 – where meaning of 'criminal intelligence report' and 'other criminal information' considered. DT and Another v Department of Justice and Attorney General, Industry Licensing and Another [2014] QCAT 694 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 AVS Group Australia Pty Ltd v Commissioner of Police (No. 2) [2014] NSWCATAP 53Kioa v West (1985) 159 CLR 550 Warren Wurridgal v The Commonwealth (2009) 237 CLR 309. More...

Legislation

Queensland

Subordinate legislation as made

No 68: Proclamation repealing previous proclamation
Criminal Law (Criminal Organisation Disruption) and Other Legislation Amendment Act 2013 – 06 July 2015.

No 69: Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment (Postponement) Repeal Regulation 2015.

Amends the Criminal Law (Criminal Organisation Disruption) and Other Legislation Amendment Act 2013 – 06 July 2015 - The Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment (Postponement) Regulation 2014, SL No. 91 is repealed.

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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Authors
Christine Jones
Kim Nguyen
 
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