Australia: Queensland Government Bulletin - 4 November 2015

In the media

Law Council calls for bipartisan approach to a national redress scheme
The Law Council calls for a national redress scheme is an essential part of a broader response to ensuring justice for survivors of child sexual abuse. In implementing any redress scheme, survivors must not have any of their other legal rights restricted or removed (28 October 2015).  More...

Appointments to the Federal Court and Federal Circuit Court
The Administrator of the Commonwealth of Australia, the Hon Paul de Jersey AC QC, on advice of the Cabinet, has made a number of judicial appointments to the Federal Court of Australia and Federal Circuit Court of Australia (29 October 2015).  More...

Reappointment of the Federal Court Registrar
The Administrator of the Commonwealth of Australia, on the advice of the Cabinet, has reappointed the Federal Court Registrar, Mr Warwick Graeme Soden as Federal Court Registrar for a period of five years (29 October 2015).  More...

myHealth to be rolled out to a million Australians
The federal government's myHealth Record will be rolled out to around one million people as a trial from early 2016.  The Federal Health Minister said that the government should be moving towards giving patients access to and control over their own health data so that they could use the data how they wanted and control who they shared it with (28 October 2015).  More...

Domestic violence: Government considers changes to make ouster conditions mandatory
Proposed legislative changes will help victims of domestic violence stay in their homes, the Queensland Government says. Current laws allow for ouster conditions which provide the potential for the aggressor to be removed but records show the orders are only being applied for in about 28 per cent of cases  (25 October 2015).  More...

Poker machines 'could breach consumer law'
Lawyers say poker machines could be considered misleading and deceptive under consumer law.  A potentially landmark case to have poker machines declared in breach of Australian consumer law is being considered by a leading Melbourne law firm (22 October 2015).  More...

In practice and courts

Queensland Government Considers Amendments to Make Consideration of Ouster Conditions Mandatory
Communities, Women and Youth Minister Shannon Fentiman has announced that the state government is considering the introduction of amendments to the Domestic and Family Violence Protection Act 2012 No. 5 (Qld), which would require Magistrates to consider applying "ouster conditions" to exclude perpetrators from the family home so that victims can remain there Communities, Women and Youth Minister's media release (25 October 2015). 

Initial CCC response to organised crime inquiry report
The CCC welcomes the report by the Queensland Organised Crime Commission of Inquiry. A number of the recommendations made in this report are consistent with recommendations the CCC made in its July 2015 submission, and subsequent oral submission, to the ongoing Parliamentary Crime and Corruption Committee's (PCCC) review of the Crime and Corruption Act 2001 (30 October 2015).   More...

CCC reports released, October 2015

Police officer to face court on drug informant and misconduct charges — 27.10.2015.

Former Ipswich scout leader facing 103 additional child exploitation charges — 21.10.2015.

CCC charges after-school carer with child exploitation offences – 20.10.2015.

OAIC Qld: 2014-15 Annual Report
The Office of the Information Commissioner's Annual Report was tabled in Parliament on 30 September and released on 19 October 2015.  More...

Published – articles, papers, reports

The power of an administrative tribunal to inform itself
Matthew Groves; Australian Journal of Administrative Law (Volume 22 Part 4 2015)
The article also argues that the statutory powers of tribunals to inform themselves means that tribunals should rarely, if ever, need to rely on the doctrine of official notice as an alternative way of informing themselves.  More...

Jurisdictional error and no-invalidity clauses at State level: Does the High Court still hold all the cards?
Giridhar Kowtal; Australian Journal of Administrative Law (Volume 22 Part 4 2015)
After the failure of "privative clauses" – directed to courts' jurisdiction to issue remedies and conduct judicial review – a new legislative device has arisen, called "no-invalidity clauses",  that  expands  the  original  decision-maker's  jurisdiction  to  make  an  invalid decision, turning a "mandatory" duty into a "directory" one.  More...

Cases

The Club of Mt Isa Hotel Pty Ltd v Commissioner for Liquor and Gaming [2015] QCAT 384
GENERAL ADMISTRATIVE REVIEW – LIQUOR AND GAMING - ADULT ENTERTAINMENT PERMIT – Where Commissioner refused application – Whether applicant a suitable person to receive a permit and whether permit would have an adverse impact on the amenity of the community - where decision to refuse application set aside – where permit granted on conditions.  More...

Haywood v Queensland Building and Construction Commission [2015] QCAT 392
ADMINISTRATIVE REVIEW – OCCUPATIONAL REGULATION – PERMITTED INDIVIDUAL – relevant event - whether applicant took all reasonable steps to avoid circumstances leading to relevant event - Queensland Building and Construction Commission Act 1991, ss 56AC & 56AD.  More...

Wiggins Island Coal Export Terminal Pty Ltd v Monadelphous Engineering Pty Ltd & Ors[2015] QSC 307
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – where the applicant argued the adjudicator had no jurisdiction to order it to pay any sum to the respondents because the relevant construction work was excluded from the operation of the Building and Construction Industry Payments Act 2004 (Qld) by s 3(4) – where the operation of the Act was not displaced by s 3(4) and the adjudicator had jurisdiction – applicant argued the adjudicator failed to consider its submissions and evidence in a way that involved jurisdictional error – no finding that the adjudicator's treatment of the applicant's submissions and evidence involved a jurisdictional error but if there was an error it was not one which affected the validity of the adjudicator's decision.  ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS –– whether the applicant was denied natural justice by being deprived of an opportunity to explain why the evidence was properly included in its adjudication response – where the applicant was not denied natural justice.  More...

Arnold v Racing Qld & Anor[2015] QSC 293
ADMINISTRATIVE LAW – JUDICIAL REVIEW – POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION – DECLARATIONS – where the applicant is a greyhound trainer – where the ABC broadcast an episode of Four Corners concerning live baiting and animal cruelty in the greyhound industry – where the applicant was subsequently summonsed to appear before a Stewards Inquiry of the first respondent – where the first respondent took possession of greyhounds owned by the applicant and retains possession of them – where the applicant applied for a declaration that the seizure and retention of the greyhounds was unlawful – whether on construction the statutory rules allowed the first respondent to seize and retain the greyhounds – whether if seizure was illegal retention could be justified.  ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the applicant was informed at the Inquiry and by two subsequent letters that the first respondent was considering warning her off racecourses – where the applicant was invited to show cause – where conduct found to have breached statutory rules included the applicant witnessing live baiting by others – where the first respondent decided to warn the applicant off – whether the first respondent erred in its finding that the applicant breached rules by merely witnessing live baiting by others.  ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – HEARING – NOTICE TO PERSONS AFFECTED – where the first respondent decided that all greyhounds owned by the applicant were prohibited from competing in any event – where the applicant was not given an opportunity to be heard – whether the applicant was denied natural justice.  ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the applicant's solicitors emailed a notice of appeal to the second respondent without paying the requisite fee – where the applicant submits that the power under s 149V(3)(c) of the Racing Act 2002 (Qld) to reject the applicant's appeal had not been enlivened.  ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW –– PROCEDURAL FAIRNESS – GENERALLY – where the applicant submits that she was denied natural justice in the decision to reject her notice of appeal – where the applicant relied on the hearing rule and the bias rule – where the second respondent has a quasi-judicial function in hearing appeals from decisions of the first respondent – where the first respondent and the second respondent had communications regarding the decision to reject the notice which excluded the applicant – where the second respondent gave notice and reasons of the decision to reject the appeal to the first respondent only – whether the applicant was denied natural justice.  More...

Legislation

Bills Updated from Wednesday, 28 October 2015

Electoral (Redistribution Commission) and Another Act Amendment Bill 2015
Introduced on 15/07/2015 Stage reached: 2nd reading failed on 28/10/2015.  More...

Criminal Law (Domestic Violence) Amendment Bill 2015
Introduced on 15/09/2015 PASSED with amendment on 15/10/2015.  Assent Date: 22/10/2015 Act No: Act No. 17 of 2015.  Commences: see Act for details.

Multicultural Recognition Bill 2015
Introduced on 27/10/2015 Referred to Committee on 27/10/2015.

Statutory Rules

No 147 Criminal Code (Criminal Organisations) Amendment Regulation (No. 1) 2015
23 October 2015 - Criminal Code Act 1899 - This regulation amends the Criminal Code (Criminal Organisations) Regulation 2013 with Amendment of s 3 (Places declared to be prescribed places.

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