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.
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.