Australia: Queensland Government Bulletin - 18 November 2015

Last Updated: 19 November 2015
Article by Paul Venus, Stephen Burton and Suzy Cairney

Most Read Contributor in Australia, September 2017

In the media

Reappointment of the Hon Susan Ryan AO Disability Discrimination Commissioner
The Government has reappointed the Hon Susan Ryan AO as the Disability Discrimination Commissioner.   More...

Trade unions royal commission: Calls to press criminal charges against former CFMEU Queensland president
Lawyers assisting the trade unions royal commission have called for a recommendation of criminal charges against former CFMEU Queensland president Dave Hanna and two former executives of developer Mirvac over corrupt payments (13 November 2015).  More...

Justice Philip McMurdo has been promoted to Queensland's Court of Appeal
Queensland Justice Philip McMurdo has been promoted to Court of Appeal judge in the State Government's latest round of judicial appointments (13 November 2015).  More...   More...

Government business: Barbara Belcher review says 'too many musts'
The Belcher review recommends agencies impose the least burdensome mechanisms for responding to requests and consider more active publication of information, to decrease requests (11 November 2015).   More...

New taskforce to tackle child exploitation material
A new Queensland Police Service (QPS) taskforce to crack down on the online sharing of child exploitation material will be set up following a Palaszczuk Government investment of $3.2 million (10 November 2015).   More...

Palaszczuk Government stands up against alcohol-fuelled violence
THE Palaszczuk Government is standing up to alcohol-fuelled violence with a comprehensive package to address the problem across Queensland (08 November 2015).   More...

National model law for domestic and family violence orders
The Government welcomes the development of a model law framework for domestic violence orders announced at the Law, Crime and Community Safety Council (LCCSC) meeting in Canberra (05 November 2015).   More...

In practice and courts

OAIC: Guide to developing a data breach response plan
The OAIC is seeking public comment on the draft Guide to developing a data breach response plan. The closing date for comments is 27 November 2015. Below are links to the draft guide and the consultation information page (28 October 2015).  More...  More...

CCC: Accessing electronically stored evidence of child exploitation material offences
It is common for child exploitation material (CEM) to be stored electronically, and offenders are becoming increasingly skilled in the use of encryption and other security technologies to conceal evidence of their involvement in these offences. This paper examines how the legislative limitations of section 154 manifest in the investigation of offences involving CEM (02 November 2015).   More...

QLD OAIC: To transfer, or not transfer
Given the significant number of government agencies in Queensland, it is inevitable that your agency will eventually receive an application for documents that you don't hold. If another agency holds some or all of those documents, section 38 of the Right to Information Act 2009 (RTI Act) lets you transfer all or part of the application to the other agency (09 November 2015).  More...

Published – articles, papers, reports

Review of Whole-of-Government Internal Regulation
The Department of Finance; Barbara Belcher
The changes recommended  focus on reducing excessive regulation by streamlining security vetting processes, removing duplication of reporting, improving accessibility of information, clarifying guidance, introducing electronic tabling in Parliament and improving annual reports (public release 05 November 2015).  More...

Support frameworks for the use of social media by emergency management organisations: Policy report
Digital Media Research Centre (QUT); Terry Flew et al
This policy seeks to improve knowledge sharing across Australian emergency management organisations about the effective uses of social media for crisis ( 11 November 2015 ).  More...


Francis v Crime and Corruption Commission & Anor [2015] QCA 218
JUDICIAL REVIEW – GROUNDS OF REVIEW – UNREASONABLENESS – where the applicant seeks to appeal the decision of the appeal tribunal of the Queensland Civil and Administrative Tribunal ("QCAT") dismissing him from the Queensland Police Service – where the appeal tribunal held that no reasonable tribunal could have concluded that the sanction of dismissal should be suspended – where the applicant contends that the appeal tribunal misconstrued the QCAT member's reasons – where the applicant contends that the appeal tribunal failed to take into account the applicant's conduct and post-suspension performance – whether the QCAT member's decision was so unreasonable that it lacked an evident and intelligible justification.  POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where the applicant was formerly a member of the Queensland Police Service – where the applicant had engaged in improper conduct on multiple occasions – where the second respondent imposed the sanction of reduction in salary for Matters 1 and 3 and suspension from the Police Service for 12 months with no entitlement to salary, entitlement or accumulation of leave for Matter 2 – where the first respondent applied to the Queensland Civil and Administrative Tribunal ("QCAT") for a review of this decision – where a QCAT member confirmed the sanction in relation to Matters 1 and 3, but set aside the sanction imposed for Matter 2, and instead imposed a 12 month suspension, reduction in rank and dismissal suspended for a period of three years – where the first respondent appealed to the QCAT appeal tribunal – where the appeal tribunal concluded that as a matter of law, the QCAT member's decision was unreasonable – where the appeal tribunal confirmed the sanction in relation to Matters 1 and 3, but set aside the sanction imposed for Matter 2 and instead imposed the sanction of dismissal – whether the purposes of police discipline would be defeated by a decision to allow the applicant to remain in the police force.  More...

O'Donnell v Deputy Commissioner Brett Pointing & Anor [2015] QSC 314
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS – where the applicant is a senior constable with the Queensland Police Service ("QPS") – where the first respondent called upon the applicant to retire from the QPS pursuant to s 8.3(3) of the Police Service Administration Act 1990 (Qld) ("the Act") – where s 8.3(3) of the Act allows a prescribed authority to call on an officer to retire having regard to medical opinions on the health or condition of the officer unless the commissioner takes action pursuant to 8.3(5) of the Act by appointing the officer to a position as a staff member in lieu of retirement – where the applicant submits that the first respondent failed to take into account a relevant consideration by failing to consider whether the applicant could or should be appointed to a staff position pursuant to s 8.3(5) of the Act in lieu of being called upon to retire – whether the applicant could or should have been appointed to a staff position pursuant to s 8.3(5) of the Act is a relevant consideration which the first respondent was bound to take into account in making the decision to call upon the applicant to retire pursuant to s 8.3(3) of the Act – whether, if the discretion in s 8.3(5) is a relevant consideration, the first respondent failed to take it into account in calling upon the applicant to retire.  ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where the applicant is a senior constable with the Queensland Police Service ("QPS") – where the applicant developed post-traumatic stress disorder – where the first respondent suspected that the applicant was incapable of performing the duties of an officer by reason of his mental illness and directed the applicant to be medically examined by a psychiatrist pursuant to s 8.3(2) of the Police Service Administration Act 1990 (Qld) ("the Act") – where the first respondent relied on the report of the psychiatrist to call on the applicant to retire pursuant to s 8.3(3) of the Act without first providing the applicant with a copy of the report – where the applicant submits that the rules of procedural fairness required the first respondent to disclose the psychiatrist's report and afford him a reasonable opportunity to be heard before the decision was made – whether the applicant was denied procedural fairness.  More...



Bills Updated

Counter-Terrorism and Other Legislation Amendment Bill 2015
Introduced by: Hon J-A Miller MP on 16/09/2015
PASSED with amendment on 11/11/2015.  More...

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