Australia: Queensland Government Bulletin - 16 March 2016

In the media

Disrupting the threat of outlaw motorcycle gangs
Foreign nationals who are members or associates of criminal bikie gangs should be on notice that they could have their visas cancelled and face removal from Australia under Australia's visa cancellation laws (11 March 2016).   More...

Arrest warrants issued in Operation Lima Violin II
The CCC has issued two arrest warrants resulting from the joint CCC - QPS taskforce investigation, Operation Lima Violin II (04 March 2016).  More...

Ninth death of an Australian woman in 2016 unacceptable: QLS
Queensland Law Society CEO Amelia Hodge has described the reported violent death of a ninth woman in Australia so far this year as heartbreaking, abhorrent and unacceptable (01 March 2016).  More...

Palaszczuk Government announces District Court appointment
Attorney-General and Minister for Justice Yvette D'Ath announced the appointment of David Kent QC as a judge of the District Court (03 March 2016).  More...

In practice and courts

Report on Coronial Recommendations
The Commonwealth Ombudsman published a report about responses to coronial recommendations by the Civil Aviation Safety Authority (CASA) in April 2015. The Ombudsman has now prepared a guide outlining suggested administrative principles for responding to coronial recommendations for relevant agencies.   More...  More...

New obligation to report breaches of data security: consultation
If the Privacy Amendment (Notification of Serious Data Breaches) Bill 2015 is passed,  most private sector entities with a turnover above $3 million and government agencies will be required to notify 'serious data breaches' to each affected individual and the AIC.  A 'serious data breach' is one that creates 'a real risk of serious harm' to the affected individuals. Submissions are due 4 March.  More...

OIC Queensland: Can I amend my medical records
OIC has developed an information sheet for applicants who are seeking to have their medical records amended under the Information Privacy Act 2009 (08 March 2016).   More...

OIC Queensland: Do you tick the 'remember my password' option?
While Queensland government agencies have certain obligations under the Information Privacy Act 2009 (Qld) to protect personal information, there are steps that individuals themselves can take to protect their personal information when interacting online (07 March 2016).  More...

QCAT Procedure Review
The Queensland Civil and Administrative Tribunal (QCAT) provides significant judicial services to the community. QCAT is reviewing how it delivers these services and the Society invites you to contact us on ethics@qls.com.au to provide feedback on ways in which QCAT's systems and procedures can be improved.

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...

Queensland Current Inquiries

Examination of Portfolio Subordinate Legislation

Auditor-General Reports referred to the Committee for Consideration

Practice directions – applications for excusal from jury service

Supreme Court of Queensland Practice Direction 5/2016 - Applications for excusal from jury service

District Court of Queensland Practice Direction 3/2016 – Applications for excusal from jury service

Cases

Wirth v Mackay Hospital and Health Service & Anor [2016] QSC 039
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS FOR REVIEW - PROCEDURAL FAIRNESS - GENERALLY - where the applicant was a senior doctor employed by the first respondent in its emergency department - where the first respondent received complaints in relation to a breakdown of communication and working relationships in the department - where first respondent engaged external lawyers to conduct an investigation and provide a report - where report contained findings, recommendations and evidence in the form of summaries of witness interviews - where the first respondent commenced a formal disciplinary process against the applicant resulting in the applicant's dismissal – where, in making relevant disciplinary decisions, second respondent relied on findings, recommendations and evidence contained in the report - where applicant was not provided with the report and the summaries of witness interviews annexed thereto before the second respondent made the relevant disciplinary decisions - where applicant argued that he was denied procedural fairness - whether in the circumstances the content of procedural fairness required that the applicant be provided the report or its annexures.  ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - EXTENSION OF TIME - GENERALLY - where application was almost five months out of time - where applicant submitted that he had acceptable explanation for delay - where respondents submitted that they suffered prejudice because of costs and time wasted in separate Queensland Industrial Relations Committee proceeding - where case is fully argued and determination made - whether discretion should be exercised in the circumstances.  More...

X v Callanan [2016] QSC 042
CONSTITUTIONAL LAW – JUDICIAL POWER – where the respondent required the applicant to answer a question in a hearing conducted under the Crime and Corruption Act 2001 (Qld) – where the applicant declined to answer the question on the ground that he had a reasonable excuse –where the applicant argued the reasonable excuse was that derivative use would be made against him of answers given – whether the institutional integrity of the Supreme Court is impaired by ss 190 and 97, which abrogate privilege against self-incrimination and permit derivative use of evidence given, such that the provisions infringe the Kable principle.  More...

TS v Department of Justice and Attorney General - Industry Licensing Unit & Anor (No 2) [2015] QCAT 505

GENERAL ADMINISTRATIVE REVIEW – Tattoo Parlours Act 2013 (Qld) – where review of decision to refuse licence – where review of making adverse security determination by second respondent – whether fit and proper person and whether it would be contrary to the public interest for the licence to be granted.  More...

KZT v Commissioner of Police [2015] QCAT 502
GENERAL ADMINISTRATIVE REVIEW – Weapons Act 1990 (Qld) – where review of decision to cancel firearms licence – preliminary issue – where issue is whether information relied on by the Commissioner of Police is correctly categorised as 'criminal intelligence' for the purposes of s 142A of the Weapons Act 1990 (Qld).  More...

Legislation

Acts passed 04 March 2016

No 4 Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016
The objective of the Act are to: 1) tackle alcohol-fuelled violence, particularly late at night, through an evidence-based, multi-faceted approach by way of amendments to the Liquor Act 1992, Liquor Regulation 2002, Gaming Machine Act 1991, Bail Act 1980, Penalties and Sentences Act 1992 and Police Powers and Responsibilities Act 2000; 2) provide greater clarity and improve operational efficiency in the regulation of licensed premises through miscellaneous amendments to the Liquor Act 1992; and 3) ensure consistency across Queensland statutes dealing with directors' liability through amendments to the Fair Trading Act 1989.

No 5 Mental Health Act 2016
The main objects of the Act are: 1) to improve and maintain the health and wellbeing of persons with a mental illness who do not have the capacity to consent to treatment 2) to enable persons to be diverted from the criminal justice system if found to have been of unsound mind at the time of an alleged offence or to be unfit for trial, and 3) to protect the community if persons diverted from the criminal justice system may be at risk of harming others.

No 6 Tobacco and Other Smoking Products (Smoke-free Places) Amendment Act 2016
The purpose of the Act is to amend the Tobacco and Other Smoking Products Act 1998 to: 1) create more smoke-free public places across Queensland 2) prohibit the sale of smoking products from temporary retail outlets, and 3) make minor and technical amendments to clarify and strengthen Queensland's tobacco laws.

Subordinate legislation as made – 11 March 2016

No 14 Proclamation commencing remaining provisions - Relationships (Civil Partnerships) and Other Acts Amendment Act 2015.

No 15 Relationships (Civil Partnerships) and Other Legislation Amendment Regulation (No. 1) 2016 – amends the Births, Deaths and Marriages Registration Act 2003; Civil Partnerships Act 2011; Personal Injuries Proceedings Act 2002; Queensland Civil and Administrative Tribunal Act 2009; Rural and Regional Adjustment Act 1994; Workers' Compensation and Rehabilitation Act 2003.

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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