Australia: Queensland Government Bulletin - 23 September 2015

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). More...

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). More...

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). More...

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). More...

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). More...

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. More...

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. More...

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.

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Authors
Christine Jones
Kim Nguyen
 
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