Australia: Queensland Government Bulletin - 3 February 2016

In the media

Michaela Cash warns employers to stop doing deals with corrupt unions
Corrupt and unscrupulous bosses will be in the sights of both major parties today with the government to warn companies about cutting dodgy deals with unions while Labor will announce a policy promising severe penalties for those who exploit the low-paid and vulnerable (31 January 2016). More...

Little Progress from Commonwealth on National Approach to Redress
State and Territory Attorneys-General have today received correspondence from the Commonwealth Attorney-General regarding a "national approach to redress for survivors of institutional child sexual abuse (29 January 2016). More...

Tackling Alcohol-Fuelled Violence laws prioritised for Parliament
The Parliament will debate legislation to tackle alcohol-fuelled violence, particularly late at night, as soon as it resumes next month, Premier Annastacia Palaszczuk said (23 January 2016). More...

Telstra privacy breach leaves customer's voicemail exposed
A consumer said he was lucky the person who bought his iPhone 5 had been co-operative and forthcoming about the issue, but was worried about the implications for privacy-critical businesses such as law firms or medical and government organisations who resold their digital equipment (22 January 2016). More...

CCC commences investigation into Queensland Health recruitment allegations
The CCC has commenced an investigation into allegations of corrupt conduct relating to Queensland Health recruitment processes (20 January 2016). More...

Former OMCG member to face $1 million bank fraud offence
A joint CCC and QPS investigation has led to a 29-year-old Sunnybank Hills man facing one count of fraud for allegedly dishonestly obtaining a $1 million loan from a financial institution (20 January 2016). More...

Queensland Law Society welcomes short-term funding but the fiscal cliff looms
Queensland Law Society Queensland Law Society has welcomed the Government's commitment to $2.7 million in additional funding for nine community legal centres (CLCs) across Queensland until June 2017 (18 January 2016). More...

Freelancer contests $20,000 privacy breach fine from OAIC
Matt Barrie's Freelancer has been ordered to pay $20,000 in damages to a European former account holder for alleged privacy breaches by the Office of the Australian Information Commissioner (13 January 2016). More... More...

Establishment of a Queensland judicial commission
Queensland Law Society has called for the State Government to consider establishing a judicial commission as a part of a protocol for judicial appointments in Queensland (13 January 2016). More...

Palaszczuk Government acts to expunge historic homosexual convictions
Attorney-General and Minister for Justice Yvette D'Ath has asked the Queensland Law Reform Commission to make recommendations on how historical convictions for consensual homosexual conduct can be removed from a person's criminal record (13 January 2016). More...

A welcome step towards erasing leftover homosexual convictions in Queensland
The announcement by the Queensland Attorney-General that the Queensland Law Reform Commission will examine how historical convictions for consensual homosexual conduct can be removed from a person's criminal record has been welcomed by community and legal groups (13 January 2016). More...

Additional Funding for Legal Assistance Announced
Attorney-General Yvette D'Ath has announced that the state government will allocate $2.704 million of temporary funding through the National Partnership Agreement on Legal Assistance Services to provide direct services to Queenslanders from early 2016 through to 30 June 2017 (12 January 2016). More...

Sexual harassment at work is profoundly damaging and unfair
Australian law gives us all a legal right to live and work free from sexual harassment. But where does behaviour that is inappropriate, disrespectful or just plain rude cross the line to become unlawful? (13 January 2016). More...

Digital dispute resolution at your fingertips in Queensland
Applying for mediation is now easier than ever, with the form available on the Dispute Resolution Branch's website that can be filled out and submitted online (04 January 2016). More...

Baden-Clay sentencing hearing delayed
The Director of Public Prosecutions was successful in his application to delay the sentencing hearing of Gerard Baden-Clay on the substituted charge of manslaughter (08 January 2016). More...

Southport domestic and family violence court trial extended
A trial of Queensland's first dedicated specialist domestic and family violence court at Southport has been extended until June 30, 2017. This is far beyond the six-month period initially proposed (07 January 2016). More...

Queensland Law Society urges preventative approach in response to increasing coward punch attacks
Queensland Law Society urges the Queensland Parliament as a whole to carefully consider lockout legislation currently before it, in order to prevent the further loss of lives due to coward punches and alcohol-fuelled violence (05 January 2016). More...

Palaszczuk Government appoints anti-corruption chief
The Palaszczuk Government has appointed a new chief executive officer to the state's corruption watchdog (23 December 2015). More...

In practice and courts

OAIC QLD: All I want for Christmas is an Information Sheet
The Right to Information Act 2009 (RTI Act) requires applicants and third parties to be fully informed of their rights. OIC's Information Sheets can be included with your correspondence, allowing you to keep your letters short and sweet and your applicants fully informed (22 December 2015). More...

New Online Application for Mediation Service: Queensland
The Department of Justice and Attorney-General (DJAG) has announced the launch of a new online application for assistance with mediation for disputes. Members of the public who are involved in a dispute and wish to seek resolution through mediation can apply for assistance at www.qld.gov.au/applymediation (04 January 2016). More...

QLRC Review: Expunging Historical Gay Sex Convictions
The Queensland Law Reform Commission (QLRC) has released the Expunging historical gay sex convictions review for the purposes of conducting a review and investigation of the issue of expunging criminal convictions for historical gay sex offences. The QLRC is expected to report its findings by 21 August 2016 (04 January 2016). More...

Queensland: Final Report on the review of the Victims of Crime Assistance Act 2009 - December 2015
The Victims of Crime Assistance Act 2009 (Qld) commenced in December 2009, replacing the previous criminal compensation schemes that existed under the Criminal Offence Victims Act 1995 (Qld) and the Criminal Code Act 1899 (Qld). The Victims of Crime Assistance Act 2009 (Qld) requires a review of the provisions in the Act to be undertaken within five years of its commencement. More...

Queensland Family and Child Commission Annual Report: Deaths of children and young people 2014-2015
This report has been prepared under section 29 of the Family and Child Commission Act 2014 (Qld). It describes information on the deaths of children and young people in Queensland registered in the period 1 July 2014 - 30 June 2015. More...

Published – articles, papers, reports

Chief Justice James Allsop AO and Justice Clyde Croft, 'The Role of the Courts in Australia's Arbitration Regime'
Chief Justice Allsop and Justice Clyde of the Federal Court provide an update on how the role of Australian courts in arbitration has been interpreted and practiced in recent times, November 2015. More...

Justice James Edelman, 'Vindicatory Damages'
Justice James Edelman of the Federal Court discusses five issues in relation to vindicatory damages: the concept of damages; the central authority in support of vindicatory damages; reasons for awarding damages; the decline of vindicatory damages in England and revisiting the authorities in light of the previous discussion, 15 December 2015. More...

Justice John Griffiths, 'Some Ethical Issues for Legal Practitioners
Speech delivered by Justice John Griffiths of the Federal Court of Australia as part of the College of Law's Professional Skills Development Programs, November 2015. More...

Cases

Calanca v The Queensland Parole Board [2016] QSC 003
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE – where the applicant applied for parole – where the Queensland Parole Board failed to determine the application until after the period prescribed by s 193(3) Corrective Services Act 2006 (Qld) had elapsed – whether the Queensland Parole Board failed to observe the procedures that were required by the Corrective Services Act 2006 (Qld) to be observed – whether any failure to do so constitutes a ground for judicial review pursuant to s 20(2) Judicial Review Act 1991 (Qld). ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – where the applicant's parole application was refused on the ground that he posed an unacceptable risk to the community – where the Ministerial Guidelines made pursuant to s 227(1) Corrective Services Act 2006 (Qld) provided that, where parole is refused and reasons for that refusal are given, the Queensland Parole Board should give to the applicant and to Queensland Corrective Services an indication of the improvements or activities that would be of benefit to reduce the risks the applicant posed to the community – whether the Ministerial Guidelines imposed a duty on the Queensland Parole Board to decide whether such an indication should be given for the purposes of s 22(2) Judicial Review Act 1991 (Qld) – whether such an indication was in fact given. More...

Berenyi v Maynard & Anor [2015] QSC 370
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – where the respondent initiated disciplinary process and made disciplinary findings against the applicant – where the respondent purported to terminate the applicant's employment pursuant to a contractual clause – whether the termination was in the exercise of a contractual or a statutory power – whether the respondent's decision to terminate is judicially reviewable. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where the respondent made three allegations specifying acts or omissions by which the applicant failed to discharge her professional responsibilities – whether the respondent failed to sufficiently particularise the acts or omissions which gave rise to the applicant's alleged breach of discipline – whether natural justice was afforded. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS – where the applicant relied on the expertise of others in her decision making – where the applicant was found not to have turned her own mind to and made her own enquiries about the bases upon which her decisions were made – whether it was a relevant consideration that the applicant relied on the expertise of others – whether the respondent failed to take that consideration into account. ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS – where the respondent considered it necessary to attribute responsibility for the failure of the project the applicant was involved in – whether that was an irrelevant consideration. More...

Legislation

Subordinate legislation as made

No 189 Public Service and Another Regulation Amendment Regulation (No. 1) 2015 - 18/12/2015- Amends the Public Sector Ethics Act 1994 and Public Service Act 2008.

Acts passed 17 December 2015

No 30 Family Responsibilities Commission Amendment Act 2015.

No 33 Relationships (Civil Partnerships) and Other Acts Amendment Act 2015.

No 34 Domestic and Family Violence Protection and Another Act Amendment Act 2015.

No 35 Constitution (Fixed Term Parliament) Referendum Act 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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.