ICC insists nothing sinister in accessing residents
Ipswich City Council leads the way in its requests for
residents' metadata amongst councils in eastern states but has
defended its actions amid criticism, with six local councils in
eastern states now requesting residents' metadata to chase
minor infringements. Councils are permitted under the
Telecommunications (Interception and Access) Act 1979 to
request metadata without a warrant (08 August 2015).
Man to face drink-drive charge after High Court rules on
bungled second test
Doctors are not legally obliged to take blood samples effectively
in drink-drive cases, the High Court found. The High Court this
week ruled that allowing the police breath test results to be used
as evidence in the trial would not result in an "unacceptable
risk of miscarriage of justice" (07 August 2015).
Release of Workplace Gender and Equality Strategy
The Workplace Gender and Equality Strategy funded by the
Department of Employment and undertaken by the Centre for Workplace
Leadership has been released. The study was in response to worrying
gender equality indicators released by the Workplace Gender
Equality Agency (06 August 2015).
Sex work: Australia's most permissive and
Laws on brothels, soliciting and escort services differ wildly
from state to state, a parliamentary research paper has found. The
results show that sex workers experience vastly different levels of
regulation and criminalisation depending on which state they work
(04 August 2015).
Two men to appear in court over alleged fraud:
Two men will appear in court to face charges of defrauding a local
Council and a beneficial enterprise, following a Crime and
Corruption Commission (CCC) investigation (03 August 2015).
In Practice and Courts
E-Alert: Building Code 2013 - Freedom of
The FWBC considers that allowing a union representative/shop
steward to meet with inductees or conduct inductions without
supervision by site management is not consistent with the
requirements of section 15 of the Building Code. Site inductions
should be conducted by or supervised by site management (04 August
Published – articles, papers, reports
Fraud against the Commonwealth: report to government
2010–11 to 2012–13
Australian Institute of Criminology, 31 July 2015, Penny Jorna,
Russell G. Smith. This report presents the results of a
longitudinal census of fraud incidents experienced by Commonwealth
entities and the ways in which fraud risk has been managed and
Admissibility of Evidence and "General
Unfairness Discretions" in Police v Dunstall  HCA
The High Court has unanimously allowed an appeal from South
Australian Supreme Court in Police v Dunstall  HCA 26. The
case considered the discretionary powers of courts to exclude
evidence where the admission of the evidence would render the trial
unfair (06 August 2015). More...
Smith v The Queen  HCA 27: Procedural
Fairness and Majority Jury Verdicts
On the 5 August 2015, the High Court unanimously dismissed an
appeal from a decision of the Queensland Court of Appeal on
procedural fairness and majority jury verdicts in the case of
Smith v The Queen  HCA 27. More...
Gilbey v Central and Northern Queensland Regional
Parole Board  QSC 217
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – RELEVANT CONSIDERATIONS – where the respondent
cancelled the applicant's parole order – where the
applicant applied for judicial review of the respondent's
decision – rules of natural justice – applicant's
opportunity to address concerns – effect of respondent's
failure to request further information. More...
BAW v Department of Justice and Attorney-General,
Office of Fair Trading  QCAT 285
INFORMATION PRIVACY – where workers compensation claim
– where workers compensation requested a response to the
claim from the employing agency – where agency disclosed the
claim to a person named in it and requested comments from that
person to include in the agency response – whether breach of
information privacy principles. More...
Subordinate legislation as made
Crime and Corruption Regulation 2015 – 07 August 2015.
Crime and Corruption Act 2001 – outlines for search
warrants, surveillance warrants and covert search warrants what
information must be included for section 86(4)(c) of the Act.
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