In the media
Major building firm in court for allegedly
discriminating against subcontractor
A tiling company who had a legal enterprise agreement
(EBA) registered with the Fair Work Commission was refused a
contract with a Queensland construction company because the
agreement was not endorsed by the CFMEU, according to a claim
lodged in the Federal Circuit Court (25 February 2016).
More...
Next step to address corrupt conduct in Queensland
Attorney-General Yvette D'Ath today released an
issues paper for public consultation on the definition of
"corrupt conduct" in the Crime and Corruption Act
2001 (25 February 2016).
More...
Queensland Law Reform Commission report on mandatory
reporting laws for the early childhood education and care sector
released
The Queensland Law Reform Commission's Report No. 73,
Review of Child Protection Mandatory Reporting Laws for the Early
Childhood Education and Care Sector, was tabled in Parliament today
(25 February 2016). More...
Operation Lima Violin II Update
A 34-year-old Broadbeach Waters man has been arrested
following a joint Crime and Corruption Commission (CCC) and
Queensland Police Service (QPS) taskforce that is investigating
serious organised fraud and money laundering offences (24 February
2016).
More...
Six arrested in major boiler room investigation
Six people have been arrested this morning for their
alleged involvement in investment frauds and money laundering
following a major 20-month investigation by a joint Crime and
Corruption Commission (CCC) and Queensland Police Service (QPS)
taskforce (24 February 2016).
More...
Domestic violence research funding welcomed
Queensland Law Society has welcomed new funding for the
CQ University Queensland Centre for Domestic and Family Violence
Research. Society president Bill Potts said that the work of the
centre was consistent with Queensland Law Society's commitment
to the development of policies through evidence-based research (19
February 2016).
More...
QLD toasts NSW lockout laws – with its own
The Sunshine State's Labor government has followed
the precedent set by the NSW Coalition by introducing tough new
restrictions on after midnight trading hours and late night
takeaway alcohol sales in a bid to stop brawls and opportunistic
'one-punch' assaults on unsuspecting victims (19 February
2016).
More...
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Queensland Law Society welcomes legislation to tackle
alcohol-fuelled violence
Queensland Law Society has welcomed the overnight passage
of the Government's legislation to tackle alcohol-fuelled
violence. The Tackling Alcohol-Fuelled Violence Amendment
Bill is part of an election commitment from the current
government, and aims to reduce violence through reduced trading
hours (18 February 2016).
More...
Report into the Public Safety Business Agency (PSBA)
tabled in Queensland Parliament today
The Minister for Police, Fire and Emergency Services and
Minister for Corrective Services Bill Byrne tabled in parliament a
report into an independent review of the Public Safety Business
Agency (PSBA) (17 February 2016).
More...
Queensland Law Reform Commission releases a consultation
paper on expunging historical gay sex convictions
The Queensland Law Reform Commission has been asked to
undertake a review to 'recommend how Queensland can expunge
criminal convictions for "historical gay sex offences"
from a person's criminal history' (16 February 2016).
More...
Legislation to
give greater voice to children and families in court
Children
and families will have a greater voice in child protection
proceedings with proposed legislative changes introduced to
Parliament today by the Palaszczuk Government (16 February 2016).
More...
In practice and courts
Commonwealth Ombudsman: Report on Coronial
Recommendations
The Ombudsman has prepared a guide outlining suggested
administrative principles for responding to coronial
recommendations for relevant agencies. It aims to assist agencies
participating in a coronial process to be responsive to
recommendations made by a coroner in order to improve agency work
(22 February 2016).
More...
Call for submissions on expunging gay sex
convictions
The Queensland Law Reform Commission has been asked to
undertake a review to recommend how Queensland can expunge criminal
convictions for 'historical gay sex offences' from a
person's criminal history. A consultation paper (WP 74) seeks
input on specific legal issues, including what the nature and
features of an expungement scheme should be. The deadline for
submissions is 29 March 2016.
More...
QLRC: WP 74: Review of expunging of criminal convictions
for historical gay sex offences
The Attorney-General has requested the QLRC to recommend
how Queensland can expunge criminal convictions for historical gay
sex offences from a person's criminal history. This
Consultation Paper gives an overview of the relevant legal issues
in the review. The Commission welcomes submissions on those
questions, as well as any other issues relevant to the terms of
reference (February 2016).
More...
Queensland Current Inquiries
Examination of Portfolio Subordinate Legislation
Auditor-General Reports referred to the Committee for Consideration
Published – articles, papers, reports
Temporal distribution of crime in Victorian night-time
entertainment precincts
Crime Statistics Agency: 18 February 2016
There is an established relationship between crime and areas with
a high density of licensed premises (night-time entertainment
precincts).
More...
Cases
Berenyi v Maynard & Anor
[2016] QSC 025
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND
TERRITORY COURTS – COSTS – GENERAL RULE – where
applicant succeeded on first issue but failed on second issue in
case – where first issue involved whether the decision to
terminate the applicant's employment was amenable to judicial
review – where second issue involved whether this was
affected by jurisdictional error – where applicant submitted
there be no order to costs – where respondents sought costs
based on the event being the outcome of the hearing – where
respondents sought indemnity costs based on offers made. More...
Ghostgum Developments Pty Ltd ATF Coomera Development
Trust [2015] QCAT 500
ANTI-DISCRIMINATION – exemption application –
manufactured home park planned for construction – whether
ownership should be restricted to those aged 50 and over –
whether in the community interest – whether necessary to
achieve the stated aims. More...
Till v Workplace Health and Safety Queensland-Office
of Industrial Relations Queensland Treasury Department &
Anor [2015] QCAT 496
GENERAL ADMINISTRATIVE REVIEW – application to
review decision of Workplace Health and Safety not to investigate
– whether reviewable decision – whether application
should be dismissed for lack of substance. More...
Legislation
Queensland
Bills Introduced 16 February 2016
Child
Protection Reform Amendment Bill 2016
This Bill aims to achieve better outcomes for families and
children involved in child protection court proceedings, and
generally improve the functioning of the Children's Court and
the quality of applications for a child protection order. Referred
to Committee on 16/02/2016.
Director of
Child Protection Litigation Bill 2016
The Bill will establish the independent statutory position of the
Director of Child Protection to make decisions as to which matters
will be the subject of a child protection application and what type
of child protection order will be sought, as well as litigate the
applications. Referred to Committee on 16/02/2016.
Bills Progress
Tobacco and
Other Smoking Products (Extension of Smoking Bans) Amendment Bill
2015*
The objective of the Bill is to strengthen smoking bans in
Queensland by amending the Tobacco and Other Smoking Products
Act 1998 (Qld). Report from Committee on 16/10/2015.
Tackling
Alcohol-Fuelled Violence Legislation Amendment Bill 2015
The objective of the Bill is to tackle alcohol-fuelled violence,
provide greater clarity and improve operational efficiency in the
regulation of licensed premises and ensure consistency across
Queensland statutes dealing with directors' liability. Passed
with amendment on 17/02/2016.
Multicultural
Recognition Bill 2015
The Queensland Government made an election commitment during the
2015 campaign to develop legislation to ensure that State
Government policies, programs and services recognise and respond to
Queensland's growing culturally and linguistically diverse
population. Passed on 16/02/2016.
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.