Australia: Queensland Government Bulletin - 3 February 2016

Last Updated: 7 February 2016
Article by Paul Venus, Stephen Burton and Suzy Cairney

Most Read Contributor in Australia, September 2017

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 (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...


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...


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.

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