In the media
Personal medical and financial documents leaked by Vets
Affairs
The personal documents of war veterans including medical,
psychological and compensation payment details, have been leaked to
other veterans by the federal government (20 September 2015).
More...
Palaszczuk Government embraces equality
The Palaszczuk Government has introduced a bill to State Parliament
to give couples of any gender the right to celebrate an official
ceremony while having their relationship registered (17 September
2015).
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Mr Fluffy: Leak of personal details a 'horrible
violation' of privacy, homeowner says
Homeowners caught up in the Mr Fluffy asbestos affair are furious
after learning their personal details have been leaked by an ACT
public servant (17 September 2015).
More...
Palaszczuk Government fast-tracks domestic violence
laws
The Palaszczuk Government will fast-track legislation to increase
penalties for breaches of domestic violence orders, as part of a
range of measures designed to combat violence in Queensland homes
(14 September 2015).
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Law Council welcomes Robert Cornall AO into vital ASIO
reviewer role
The Law Council of Australia has welcomed the appointment of Mr
Robert Cornall AO as the new Independent Reviewer of Adverse
Security Assessments. Law Council of Australia President Mr Duncan
McConnel said the function of reviewing adverse security
assessments was critical in upholding the fairness of the system
(09 September 2015).
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High court decision should embolden Premier to pursue
reform
The High Court handed down a unanimous decision to reject the case
brought forward by mining mogul Travers Duncan to overturn laws
passed by NSW parliament. Today's decision in Duncan v. ICAC
called for the introduction of further corruption-fighting reform
and the corruption findings from July 2013 will stand despite
repeated legal appeal (09 September 2015).
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Action plan for Gold Coast for policing
issues
Police Minister JoAnn Miller has today announced a four point
action plan to address recent policing issues on the Gold Coast,
including the appointment of a senior police officer to commence an
immediate review into current and recent complaints involving use
of force allegations on the Gold Coast and statewide (09 September
2015).
More...
New Chief Justice appointed in Qld
The Palaszczuk Government has announced the next Chief Justice of
Queensland as respected Court of Appeal Justice Catherine Holmes
and will take up her position this month (07 September 2015).
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Radical overhaul to ban importation of synthetic
drugs
Australian Border Force officers have new powers they need to seize
synthetic drugs and prevent them from making it to the street, no
matter what their chemical structure. The Crimes Legislation
Amendment (Psychoactive Substances and Other Measures) Act
2015 bans the importation of all substances with a
psychoactive effect and no legitimate use (04 September 2015).
More...
Committee recommends passage of Citizenship
Bill
The Parliamentary Joint Committee on Intelligence and Security has
today presented its bipartisan report on the Australian
Citizenship Amendment (Allegiance to Australia) Bill 2015. The
Committee has made a number of recommendations to narrow the scope
of its application and to improve safeguards, oversight and
accountability mechanisms (04 September 2015).
More...
In practice and courts
ALRC: National Freedoms Symposia
The ALRC is holding a national series of discussions around the
ALRC Freedoms Inquiry, to be held in Brisbane, Adelaide, Sydney,
Perth and Melbourne in September.
More...
Rights and freedoms in Commonwealth laws — Interim
Report
The ALRC has released an Interim Report, Traditional
Rights and Freedoms—Encroachments by Commonwealth Laws (IR
127), and is calling for submissions. The ALRC invites
submissions in response to this Interim Report and, in particular,
submissions identifying Commonwealth laws that warrant further
review. The ALRC prefers submissions via the ALRC online submission
form:
www.alrc.gov.au/content/freedoms-ir127-submission Submissions
close 21 September 2015.
Latest AAT Bulletin
The Administrative Appeals Tribunal (AAT) published on 07
September 2015.
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ICAC: Prosecution outcomes and briefs
Tables listing briefs with the Director of Public Prosecutions, and
outcomes of ICAC-related prosecutions. Updated 11 September 2015
(11 September 2015).
More...
ICAC: Public inquiry into corruption allegations
involving $1.7 million obtained by TAFE ICT manager
The ICAC's public inquiry held as part of its Operation Sonet
investigation into allegations that a TAFE ICT manager dishonestly
obtained over $1.7 million from the Department of Education and
Communities TAFE South West Sydney Institute has concluded (07
September 2015).
More...
Queensland Law Reform Commission: laws and the early
childhood education and care sector Discussion Paper (WP
73)
The discussion paper is available online under 'Current
reviews' and under '
Publications, with submissions closing 30 September 2015. The
Commission is seeking submissions on the issues raised in the
discussion paper. All Australian states and territories have
enacted mandatory reporting laws of some description.
QLD OIC: New Privacy Case Note 01-2015
This case note deals with a recent mediated privacy complaint where
the agency's willingness to acknowledge administrative
shortfalls, apologise for them and take active steps to improve its
processes enabled the complaint to be resolved to the
complainant's satisfaction (16 September 2015).
More...
Australian Public Sector Anti-Corruption Conference:
APSACC 2015
The fifth Australian Public Sector Anti-Corruption Conference
(APSACC) will be held 17 to 19 November 2015 at the Brisbane
Convention and Entertainment Centre, South Bank.
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Published – articles, papers, reports
After Heydon and Carmody, does Australia need a new test
for judicial recusal?
Gabrielle Appleby, Associate Professor, UNSW Law School, UNSW
Australia. Under the Australian procedure for determining
disqualification for bias, the judge must apply the test of whether
a "fair-minded lay observer" might reasonably apprehend
that they might not be impartial (September 2015).
More...
Cases
Duncan v Independent Commission Against
Corruption [2015] HCA 32
Statutes – Interpretation – Amending Acts –
Independent Commission Against Corruption Act 1988 (NSW)
– Meaning of corrupt conduct – Where High Court
decision in Independent Commission Against Corruption v
Cunneen [2015] HCA 14 declared meaning of "corrupt
conduct" in ICAC Act – Where effect of Cunneen was to
make invalid some past acts of respondent – Where Pt 13 of
Sched 4 to ICAC Act inserted to validate otherwise invalid acts
done by respondent before decision in Cunneen – Whether Pt 13
invalid. Constitutional law – Validity of legislation –
Retrospective amendments – Relevance of Kable principle
– Relevance of Kirk principle. Words and phrases –
"corrupt conduct", "deem", "Kable
principle", "legal consequences",
"retrospective validity". More...
Ransley and Commissioner of Taxation (Freedom of
information) [2015] AATA 728
Freedom of Information – whether documents exempt from
production – legal professional privilege – privilege
has not been waived – parties have agreed on some documents
– remainder of documents before the Tribunal –
documents exempt – decision under review affirmed Freedom
of Information Act 1982, s 42. More...
'HC' and Department of Human Services [2015]
AICmr 61
Freedom of Information — Whether release of documents would
disclose the existence or identity of a confidential source of
information in relation to the enforcement or administration of the
law — (CTH) Freedom of Information Act 1982 s
37(1)(b). More...
'HD' and the Australian Securities and
Investments Commission [2015] AICmr 62
Freedom of Information — Whether reasonable steps were taken
to locate documents – (CTH) Freedom of Information Act
1982 s 24A. More...
BLW v Nepean Blue Mountains Local Health
District [2015] NSWCATAD 184
PRIVACY – Health privacy principles – Information
protection principles – Alleged contravention of disclosure,
use and security principles – Whether alleged conduct
occurred – Information held by agency – Conduct of
employees which is attributable to agency.
More...
Legislation
Electoral (Redistribution Commission) and Another Act Amendment Bill 2015: Report No. 6, 55th Parliament: Legal Affairs and Community Safety Committee | 2015 | Qld
This Report presents a summary of the Legal Affairs and Community Safety Committee's examination of the Electoral (Redistribution Commission) and Another Act Amendment Bill 2015. More... More... More...
Subordinate Legislation as made
No 124: Supreme Court (Admission) Amendment Rule (No. 1) 2015 – 11 September 2015 - Supreme Court of Queensland Act 1991 - The objective of the Amendment Rule is to amend the Supreme Court (Admission) Rules 2004 to improve procedures for the admission of persons to the legal profession in Queensland.
No 127: Youth Justice and Another Regulation Amendment Regulation (No. 1) 2015 - 18 September 2015 – amends the Sustainable Planning Act 2009; Youth Justice Act 1992.
Bills Updated in the last week
Criminal Law (Domestic Violence) Amendment Bill 2015
Introduced on 15/09/2015 Stage reached: Referred to Committee on
15/09/2015.
Coroners (Domestic and Family Violence Death Review and Advisory
Board) Amendment Bill 2015
Introduced on 15/09/2015 Stage reached: Referred to Committee on
15/09/2015.
Counter-Terrorism and Other Legislation Amendment Bill
2015
Introduced on 16/09/2015 Stage reached: Referred to Committee on
16/09/2015.
Relationships (Civil Partnerships) and Other Acts Amendment
Bill
Introduced on 17/09/2015 Stage reached: Referred to Committee.
Current reprints
State Penalties Enforcement Regulation 2014 11 September 2015.
Supreme Court (Admission) Rules 2004 11 September 2015.
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.