Australia: Queensland Government Bulletin - 30 March 2016

In the media

New independent inspector to monitor custodial services in NSW
The Department of Justice today announced the appointment of Fiona Rafter as Inspector of Custodial Services. The Inspector of Custodial Services is an independent watchdog who reviews correctional and juvenile justice facilities and reports to parliament on issues of concern (24 March 2016).   More...

New NSW laws to hit crime gangs where it hurts
People engaged in serious and organised crime will face new orders restricting their associations and business dealings, and tough new penalties for dealing in the proceeds of crime, with the introduction of two Bills into Parliament(22 March 2016).   More...

New judges to ease pressure on District Court in NSW
A $20 million package of funding, including the appointment of two new judges, will deliver a total 256 sitting weeks for the District Court to address the criminal trial backlog, Attorney General Gabrielle Upton announced today (21 March 2016).   More...

Prison reform to improve community safety
The NSW prison system will undergo a major reform program to lift standards, strengthen accountability and help meet the Government's commitment to reduce adult reoffending by 5 per cent by 2019  (20 March 2016).   More...

If you use office group chat, don't do this - there are legal risks
We, the modern, group-chatting professional class, saw our personal nightmares play out in a courtroom this week (18 March 2016).   More...

Investment in legal aid protects rights and creates a fairer, safer Victoria
In its submission to the Victorian Government's Access to Justice Review, Victoria Legal Aid details the challenges of helping clients in a justice system where there is crushing demand and inadequate funding and makes 29 recommendations (17 March 2016).   More...

Palmer-owned firms take over court case
Two companies owned by Clive Palmer take over a multi-million-dollar case involving Queensland Nickel and allegations of unpaid royalties (16 March 2016).   More...

Former NSW SES boss not guilty of sacking whistleblower
Murray Kear, the first person to be charged under New South Wales' whistleblower protection laws, says he is enormously relieved with verdict that he did not sack whistleblower (16 March 2016).   More...

Sex offenders have walked free because of case handling: inquiry
Offenders have escaped conviction because cases have been heard separately instead of in a single trial, a deputy senior crown prosecutor tells the royal commission into child sexual abuse (16 March 2016)   More...

Calls for Financial Ombudsman Service to be disbanded over issues in Goldie Marketing court case
Independent Senator Nick Xenophon is calling for the Financial Ombudsman Service (FOS) to be disbanded and replaced with a government body in the wake of a controversial case that has raised issues of trust and credibility in the bank-funded dispute resolution scheme (16 March 2016).   More...

Government's move to introduce 'effects test' angers big business
The Federal Government endorses an effects test to make it easier for farmers and other small companies to prove when big players squeeze others out of the market, angering big business (16 March 2016) More...

Making of a fraudster – ripping off the Australian Public Service
Women are fast catching up with men and increasingly committing serious fraud within the Australian Public Service (APS), a new  AIC report has found (16 March 2016)   More...

See Fraud within the Commonwealth: A census of the most costly incidents, 2010 to 2013

Dick Smith sale
The OAIC has been advised that the customer database will be used for the purpose of delivering an online retail service under a 'Dick Smith' brand, which is in line with what subscribers might reasonably expect. Receivers have offered customers on the database the opportunity to opt out of the list prior to the sale, under Australian Privacy Principle (APP) 6 of the Privacy Act 1988 (Cth) (15 March 2016) More...

IBAC: Operation Dunham hearings reveal vital information for combating public sector corruption
An investigation into the Department of Education and Training's $180 million Ultranet project is progressing to the next stage, guided by information uncovered during recent anti-corruption hearings(16 March 2016) More...

Charges laid following EPA investigation into Hazelwood mine fire
EPA has charged a number of companies with air pollution offences under the Environment Protection Act following a comprehensive investigation into the Hazelwood mine fire which started on 9 February 2014 (15 March 2016) More...

Government Formalises Victims Of Crime Roles
Attorney-General Martin Pakula has announced the official appointment of seven representatives to the Victims of Crime Consultative Committee. The representatives, who will serve for a two-year term (15 March 2016) More...

OAIC establishes national privacy consumer forum
The Office of the Australian Information Commissioner (OAIC) has announced the establishment of a Consumer Privacy Network and is calling for organisations that represent consumer interests to join (14 March 2016) More...

See the Consumer Privacy Network

Hazem El Masri case shows Australia has a problem with innocent until proven guilty
Despite an unblemished record as a player, and a long history of community service, many were ready to assume that allegations of domestic violence were well-founded  (15 March 2016).  More... 

The new frontier in assaults on privacy and what the law is – or isn't – doing about it
Australia stands out as a country that does not provide an actionable right to privacy – that is, the ability to sue someone who has seriously invaded the secrets of your private life. The courts have tried to develop a privacy tort or bend the law relating to breach of confidence so that it extends to protecting personal privacy (15 March 2016).  More... 

Human rights: Laws that curb liberty must be monitored
A 600-page report published this month by the ALRC has proposed reviews of numerous laws that interfere with freedoms or rights, or have the effect of denying fundamental privileges. Among other things, the ALRC has called for a review of provisions in federal and state criminal laws that designate strict and absolute liability for certain offences (14 March 2016).  More... 

Government Formalises Victims of Crime Roles
Attorney-General Martin Pakula has nnounced the official appointment of seven representatives to the Victims of Crime Consultative Committee. The victims of crimes' representatives will bring their own unique experiences of crime and the criminal justice system to inform the work of the committee (15 March 2016) More...

Police officer charged for accessing confidential information
The CCC has today issued a 30-year-old police officer with a Notice to Appear in court to face 38 criminal charges for the alleged unauthorised use of the QPS database (14 March 2016)  More...

In practice and courts

Copyright Council: Update on Updating Australia's Copyright Laws

The introduction of the Copyright Amendment (Disability and Other Measures) Bill into Parliament has been delayed. The Bill was expected to be introduced into Parliament this week (17 March 2016)
More...

ACMA consultation: Varying the International Mobile Roaming Standard
The ACMA is consulting on varying the Telecommunications (International Mobile Roaming) Industry Standard 2013 (IMR Standard). Consultation closes: 30 March 2016.   More...

Law Council of Australia Submissions
18 March 2016: Supporting innovation through visas: the Entrepreneur Visa (3130)
11 March 2016: 457 Programme - Temporary Skilled Migration Income Threshold (TSMIT) (3128)

NSW Parliament:  This month in committees
Research Paper - Cyberbullying of children

Inquiries receiving submissions
Inquiry into Reparations for the Stolen Generations in New South Wales, closes 31 March.

Reports
Examination of the Auditor-General's Performance Audit Reports September 2013 – July 2014 (report published) (Tue 15).
Changes to the Routine of Business and consequential changes to the Sessional Orders (report published) (Wed 23).
Inquiry into Changes to the Routine of Business and consequential changes to the Sessional Orders (report due) (Wed 23).

Government responses
Progress of the Ombudsman's investigation 'Operation Prospect' (response received) (Tue 22).

What's new
The House in Review - Vol 56/19, 21-23 March 2016
[Upcoming Events at Parliament House]

NCAT: Updated guideline on internal appeals
NCAT's G​​uideline on internal appeals has been recently updated with new information about leave to appeal and stays (17 March 2016)  More...

NSW IPC March 2016
See the March 2016 issue of the M NSW IPC Bulletin here More...

CCC determines not to investigate allegations from Whitsunday Ratepayers
The CCC has finished assessing information it received from the Whitsunday Ratepayers Association relating to the Deputy Mayor of the Whitsunday Regional Council (16 March 20216)   More...

CCC: Brisbane City Council Allegations
The CCC has finished its assessment of information relating to the Brisbane City Council and determined to take no action (15 March 2016)   More...

OAIC Qld: Rockhampton Regional Council - follow-up review report
Queensland's OIC follow-up compliance review report regarding the Rockhampton Regional Council (RRC) was tabled in Parliament today (16 March 2016). The follow-up review found that all fourteen recommendations of the 2013/14 Compliance Review Report have been fully implemented.   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. The deadline for submissions is 29 March 2016. See here.

Queensland Current Inquiries
Examination of Portfolio Subordinate Legislation
Auditor-General Reports referred to the Committee for Consideration

CPDP Victoria
Available in March 2016 More...

Information Sharing Guidelines March 2016
The Office of the Commissioner for Privacy and Data Protection has published Guidelines for sharing personal information for the Victorian public sector. The guidelines have been produced following extensive consultation across government.   More...

COAT VIC 2016 Conference, 22 April 2016
"Tribunals, Boards, and Panels – Issues of Procedural Fairness" at Oaks on Market, Melbourne   More...

County Court Victoria: eFiling Update
The County Court has issued a reminder that for all documents in the Common Law Division and the Commercial Division, eFiling will be the prescribed method for filing civil documents from 1 August 2016 (see the SAI Global Litigation Newsfeed of 18 February 2016).  More...

Magistrates' Court Victoria:  Scam Emails Warning
The Magistrates' Court has advised practitioners to take precaution in relation to scam emails "directing recipients to report to court and to open an attachment for more information". The Magistrates' Court added that recipients should delete the email and not open the attachment. More... (16 March 2016)

Rate capping inquiry calls for submissions

The parliamentary inquiry into the Victorian Government's rate capping policy is inviting further public submissions. Public submissions to the Committee are due by 1 April 2016. Further details on the inquiry, including the Committee's first report tabled in December last year, are available from the Committee's website ( 02 March 2016)

Victoria SC: Recent Judgments Bulletin
The Supreme Court has released Recent Judgments Bulletin Issue no. 4/2016 (March 2016), which outlines unreported Supreme Court judgments received from  05-18 March 2016

Victoria Legal Aid Submissions
Victorian Gender Equality Strategy submission – March 2016

Victoria Attorney-General:  Calls for Review of Baseline Sentencing Provisions
The Sentencing Advisory Council (SAC) will conduct a review of baseline sentencing aimed at investigating new ways of ensuring serious offenders receive consistent sentences. The SAC is required to present its report by 15 April 2016   More...

Inquiry into the CFA Training College at Fiskville - Report and Response: Interim Reports
On 12 November 2015 the Committee tabled its special report on production of documents. Inquiry into the CFA Training College at Fiskville - Special report on production of documents(PDF 931.51 KB)
Final Report-The final reporting date for this inquiry is 31 March 2016

Victoria Justice Consultation: Access to Justice Review
The Attorney-General has released the Terms of Reference (undated) for the state government's Access to Justice Review. The DJR is expected to complete the Review by August 2016 More...

Published – articles, papers, reports

The Honourable Justice Stephen Rothman AM, 'Judicial Review of Administrative Decisions'
Paper presented by Rothman J to the Australian Lawyers Alliance
NSW State Conference on 11 March 2016.   More...

Australia in a century of transformative governance: a federation for communities and places
Local Government Professionals Australia, Institute of Governance and Policy Analysis
This paper has been commissioned by Local Government Professionals Australia as a contribution to debate on the future of the Australian federation and as a response to the National Innovation and Science agenda (20 March 2016).   More...

Review of Victoria's Witness Protection Act
Author: Honourable Frank Vincent AO QC
Mr Vincent's review outlines the important role witness protection plays in Victoria's justice system and provides legislative reforms to improve administration and external oversight, and increase community confidence in the system (24 March 2016).   More...

Bullying and Harassment in the Health Sector
Victorian Auditor General's report: 23 March 2016 
The poor performance and variability in management practices of the health sector agencies highlights the need for stronger sector-wide leadership to support them to adopt better practice approaches to addressing inappropriate behaviour.   More...

Patient Safety in Victorian Public Hospitals 2015
Victorian Auditor General's report: 23 March 2016
The audit found that there have been systemic failures by DHHS, indicating a lack of effective leadership and oversight which collectively pose an unacceptably high risk to patient safety More...)

OIAC publications released in March 2016
OAICicon — 18 March 2016
OAICnet —18 March 2016

Cases

Alex Cuthbertson and Department of Immigration and Border Protection [2016] AICmr 20
Freedom of Information — Whether information is personal information – (CTH) Freedom of Information Act 1982 s 47F  More...

Alex Cuthbertson and Department of Immigration and Border Protection [2016] AICmr 19
Freedom of Information – Whether information is personal information – (CTH) Freedom of Information Act 1982 s 47F  More...

Alex Cuthbertson and Department of Immigration and Border Protection [2016] AICmr 18
Freedom of Information – Whether information is personal information – (CTH) Freedom of Information Act 1982 s 47F  More...

Joel Fitzgibbon and Department of Agriculture [2016] AICmr 17
Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative process — (CTH) Freedom of Information Act 1982 s 47C  More...

The Herald and Weekly Times and Department of Agriculture [2016] AICmr 16
Freedom of Information — Whether documents contain deliberative matter prepared for a deliberative process — (CTH) Freedom of Information Act 1982 s 47C  More...

'IG' and Department of Immigration and Border Protection [2016] AICmr 15
Freedom of Information — Whether documents subject to legal professional privilege — (CTH) Freedom of Information Act 1982 s 42  More...

'IF' and Department of Immigration and Border Protection [2016] AICmr 13
Freedom of Information — Whether disclosure of personal information unreasonable — Whether disclosure is contrary to the public interest — (CTH) Freedom of Information Act 1982 ss 11A,47F  More...

Nick Xenophon and Department of Defence [2016] AICmr 14
Freedom of Information — Cabinet documents — Whether document submitted to Cabinet for its consideration — Whether document brought into existence for the dominant purpose of submission for consideration by Cabinet — (CTH) Freedom of Information Act 1982 s 34  More...

Duncan and Secretary, Department of Human Services (Freedom of information) [2016] AATA 152
FREEDOM OF INFORMATION — Access to documents — variation of access refusal decision — whether original decision can be varied under Freedom of Information Act 1982, s 55G if revised decision does not give  More....

Ogbonna v CTI Logistics Ltd [2016] FCA 239
HUMAN RIGHTS – claims of racial discrimination – claims of unpaid employment allowances and  superannuation  – claims dismissed by Federal Circuit Court – application to extend time for lodging appeal – extension of time granted – whether findings of fact open on the evidence – whether hearsay evidence erroneously admitted – whether secret recording erroneously not admitted into evidence – appeal dismissed
More...

R v Independent Broad-based Anti-corruption Commissioner [2016] HCA 8
Appeal dismissed with costs.
Statutory interpretation – Independent Broad-based Anti-corruption Commission Act 2011 (Vic) ("IBAC Act") – Investigation by Independent Broad-based Anti-corruption Commission into allegations of assault and human rights violations by officers of Victoria Police – Where appellants were police officers suspected of involvement in alleged assault – Where appellants summoned to give evidence at public examination – Whether power to hold examination under Pt 6 of IBAC Act exercisable in relation to persons who have not been, but may be, charged with offence relating to subject matter of examination.
Statutory interpretation – Common law rights – Whether s 144 of IBAC Act abrogates privilege against self-incrimination. Independent Broad-based Anti-corruption Commission Act 2011 (Vic), ss 5, 8, 15, 42, 84(2), 120, 144 More...

Babington v Commonwealth of Australia [2016] FCAFC 45
CONSTITUTIONAL LAW– fisheries – regulation – powers of State Parliament – extra-territorial regulation – inconsistency with Commonwealth laws  More...

Hananeia v Secretary, Attorney-General's Department [2016] FCAFC 36
ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – application for Australian Victim of Terrorism Overseas Payment – whether applicant was "in the place where the terrorist act occurred" for the purposes of s 1601PAA(2)(a) of the Social Security Act 1991 (Cth) – whether applicant suffered harm "as a direct result of" the terrorist act for the purposes of s 1601PAA(2)(b) of the Social Security Act 1991 (Cth)  More...

MZAIC v Minister for Immigration and Border Protection [2016] FCAFC 25
MIGRATION – application for review by the then Refugee Review Tribunal under s 412 of the Migration Act 1958 (Cth) – Tribunal decided it did not have jurisdiction because the visa applicant made his application using a superseded version of the form approved under s 495 – appeal from Federal Circuit Court of Australia dismissing an application for review of the Tribunal's decision – whether visa applicant's use of non-approved form rendered his application to the Tribunal invalid – whether use of an approved form required, such that use of a superseded version rendered the application to the Tribunal invalid – whether strict compliance with an approved form required or whether substantial compliance sufficient – Acts Interpretation Act 1901 (Cth) s 25C – whether the provisions of the Migration Act manifested a contrary intention to the application of s 25C of the Acts Interpretation Act
ADMINISTRATIVE LAW – whether use of an approved form required such that use of a superseded version rendered the application to the Tribunal invalid – whether strict compliance with an approved form required or whether substantial compliance sufficient – Acts Interpretation Act 1901 (Cth) s 25C – whether the provisions of the Migration Act manifested a contrary intention to the application of s 25C of the Acts Interpretation Act
More...

Bilaczenko v Bochner [2016] FCA 275
ADMINISTRATIVE LAW – application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – application for extension of time – District Registrars of Federal Court refused on two occasions in the exercise of the power under r 2.26 Federal Court Rules 2011 (Cth) to accept documents for filing – whether proposed applications constituted an abuse of process because of attempt to reagitate matter determined by judgment in earlier proceedings – where earlier judgment interlocutory in nature.
Held: District Registrars' decisions do not involve errors of law – application dismissed.  More...

LFDB v SM [2016] FCA 262
ADMINISTRATIVE LAW - Orders sought under s 37AF of the Federal Court of Australia Act 1976 (Cth) to prevent prejudice to the proper administration of justice - suppression and non-publication orders - judicial comity - Federal Court of Australia Act 1976 (Cth), s 37AF; Family Court Act 1980 (NZ), ss 11B, 11D; Trans-Tasman Proceedings Act 2010 (Cth)  More...

Walker v Secretary, Department of Health and Ageing [2016] FCA 233
ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal (AAT) - whether AAT misconstrued s 130(1) of the Health Insurance Act 1973 (Cth) – information with respect to the affairs of another person – whether s130(1) applies to another person's professional or business affairs or is limited to personal information - freedom of information – exempt document under s 38 of Freedom of Information Act 1982 (Cth)  More...

Voitenko t/as Access Party Hire v Zurich Australian Insurance Limited [2016] NSWSC 324
PROCEDURE – subpoena for production of recordings made by investigating police through the use of a listening device authorised by a warrant issued under the Surveillance Devices Act 2007 (the Act) – prohibition under s 40(1) of the Act against use, communication or publication of such recordings being "protected information" within s 39 of the Act – whether producing the recordings to the court could constitute a contravention of s 40(1) – whether an order can and should be made under s 43 of the Act permitting a party or parties to search the recordings "in the interests of justice" within s 43 – the procedure to be followed by a court in making a determination under s 43 – the issues to be considered in making such a determination which involves a balancing exercise   More...

Insurance Australia Ltd t/as NRMA Insurance v Pate [2016] NSWSC 278
JUDCIAL REVIEW – compensation for past and future economic losses – admissibility of certain evidence – whether assessor erred in failing to deal with an issue relied on by defendant – whether assessor took into account an irrelevant consideration – error established – assessor's decision set aside – costs   More...

Gaynor v Burns [2016] NSWCA 44
ADMINISTRATIVE LAW – Statutory appeals from administrative bodies – Civil and Administrative Tribunal – Appeal Panel – Appeals from – Where Appeal Panel included Acting District Court judge – Appeal to Court of Appeal – Civil and Administrative Tribunal Act 2013 (NSW), s 83 – Supreme Court Act 1970 (NSW) s 48 – District Court Act 1973 (NSW), s 18   PROCEDURE – application for leave to appeal – costs – Civil and Administrative Tribunal Act 2013 (NSW), s 60   More...

Director of Public Prosecutions (NSW) v Best [2016] NSWSC 261
ADMINISTRATIVE LAW – appeal from Local Court – magistrate dismissed charge of intimidate police – s 60 Crimes Act 1900 – whether threat made to police officer communicated through third party intermediary can support the charge – binding authority gives "intimidates" ordinary English meaning – erroneous process of statutory interpretation undertaken – no requirement for intimidatory conduct to be in the presence of the police officer – magistrate's decision set aside and matter remitted to Local Court   More...

Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA 55
ADMINISTRATIVE LAW – judicial review of determination of motor accidents compensation claims assessor – challenge to findings as to past and future care requirements – requirement to give reasons pursuant to the Motor Accidents Compensation Act 1999 (NSW), s 94 and relevant guidelines – whether necessary to give reasons for accepting or rejecting particular evidence   More...

Quach v Health Care Complaints Commission [2016] NSWCA 49
ADMINISTRATIVE LAW – notices of motion seeking judicial review – where Court of Appeal has dismissed amended summons in underlying proceeding – where present applications not commenced by separate summons – where maker of decision to be reviewed not joined as party – motions dismissed   PROCEDURE – whether Court should make orders in terms of Teoh v Hunters Hill Council (No 4) [2011] NSWCA 324    More...

Averkiou v CIC Allianz Australia Insurance Limited [2016] NSWSC 311
ADMINISTRATIVE LAW – judicial review – jurisdictional error – decision of a medical assessor review panel – claimant involved in two accidents – review panel attributed injuries caused by first accident to subsequent accident due to lack of evidence of assessment – misapplication of Permanent Impairment Guidelines in relation to pre-existing injuries   More...

Deputy Commissioner of Taxation v Joseph Frangieh (No 2) [2016] NSWSC 310
PROCEDURE – civil – interlocutory issue – documents produced by Deputy Commissioner of Taxation – whether protected information pursuant to Div 355 of Sch 1 to the Taxation Administration Act 1953 (Cth) – disclosures of protected information – proceedings related to taxation laws – disclosures made in performing duties as a taxation officer – disclosures fall within exception in s 355-50(2) item 3
Administrative Decisions (Judicial Review) Act 1977 (Cth)  More...

Mosman Municipal Council v IPM Pty Ltd [2016] NSWLEC 26
JUDICIAL REVIEW : validity of a complying development certificate – whether proceedings time barred – whether certifier failed to consider development consent – whether irreconcilable conflict between consent and complying development certificate – proceedings not time barred – no conflict between complying development certificate and consent – complying development certificate validly issued.  More...

Health Care Complaints Commission v Khan [2016] NSWCATOD 32
ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 NSW – Professional disciplinary proceedings brought by HCCC against practitioner. Where two complaints heard together. Where it is asserted that the practitioner engaged in conduct that demonstrates his practice of medicine was significantly below the standard reasonably expected of a practitioner of an equivalent level of training or expertise. Where it is asserted practitioner's medical records in respect of an 8 year old child were inadequate. Where separate complaint asserts practitioner inappropriately prescribed medications for himself, and failed to maintain adequate records in respect of his self-prescribing. Where it is also asserted practitioner suffers impairment and further asserted he is not competent to practise. Where practitioner withdraws material filed and does not seek to defend complaints. Where all complaints are found proven.   More...

MSP Consulting and Building Constructions Pty Ltd v Karkoulas [2016] NSWCATAP 69
APPEAL – Civil and Administrative Tribunal (NSW) – home building claim – conditional stay of decision granted – stay lapsed due to failure to comply with condition – whether appeal as of right established – ground of appeal on apprehension of bias not established – whether leave to appeal under section 80(2)(b) Civil and Administrative Tribunal Act 2013 (NSW) required – whether leave pursuant to clause 12 of schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW) should be granted – leave to appeal refused – appeal dismissed.   More...

Hernady v Raccani [2016] NSWCATAP 67
APPEAL – Civil and Administrative Tribunal (NSW) – Consumer and Commercial Division – internal appeal – question of law – whether Tribunal gave adequate reasons for its decision – appeal upheld (in part) – issues remitted for redetermination.   APPEAL – Civil and Administrative Tribunal (NSW) – Consumer and Commercial Division – internal appeal – question of law – whether Tribunal failed to exercise its jurisdiction properly invoked – appeal upheld (in part) – issues remitted for redetermination   More...

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...

Clark-Ugle v Clark [2016] VSCA 44
ADMINISTRATIVE LAW – Validity of general meeting of the Framlingham Aboriginal Trust where a quorum not present – Requirement for a quorum is one-half of the persons entitled to vote at the meeting who are residents of the reserve on the day the meeting is called – Whether Supreme Court has the power under the Aboriginal Lands Act 1970 to dispense with the quorum requirement – Whether Court's discretionary power enlivened in the circumstances of the case – Frustration of previous orders of the Court – Different judge made supplemental orders – Orders take effect as orders of the Court – Whether rights under the Charter of Human Rights and Responsibilities affected – Aboriginal Lands Act 1970, ss 23(4) and 27 – Charter of Human Rights and Responsibilities, ss 19(2)(d) and 32(1) – Leave to appeal granted – Appeal dismissed.  More...

Krongold Constructions (Aust) v SR & RS Wales [2016] VSC 94
ADMINISTRATIVE LAW – Judicial review – Adjudication Determination under Building and Construction Industry Security of Payment Act 2002 (Vic) – Whether Adjudication Determination reviewable for jurisdictional error
BUILDING AND CONSTRUCTION – Building and Construction Industry Security of Payment Act 2002 (Vic) – Payment claim – Whether construction work sufficiently identified – Whether adjudication application made pursuant to the Act  More...

De Bruyn v Victorian Institute of Forensic Mental Health [2016] VSC 111
MENTAL HEALTH ACT 2014 (VIC) – Whether the imposition of a smoke free policy was within the statutory power of a hospital.
TOBACCO ACT 1987 (VIC) – Whether there is an implied statutory right to smoke.
CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 (VIC) – Whether a smoking ban engaged an involuntary patient's human rights to be treated with dignity under s 22(1), appropriately for a person who has not been convicted under s 22(3), and/or not to be subjected to compulsory medical treatment under s 10(c) – Whether a person found not guilty by reason of insanity is 'detained without charge' within the meaning of s 22(3) – Whether a hospital, in adopting a smoke free policy, had given proper consideration to relevant human rights in accordance with s 38(1).  More...

Dias v Oakleigh Centre Industries & Ors [2016] VSC 115
ADMINISTRATIVE LAW – Judicial review – Workers' compensation – Medical panel – Alleged inadequacy of reasons – Reasons not inadequate – Proceeding dismissed – Accident Compensation Act 1985, ss 5, 93C – Workplace Injury Rehabilitation and Compensation Act 2013, ss 274, 313  More...

Legislation

Commonwealth

Statute Update Bill 2016
The bill amends 100 Acts to replace references to penalties expressed as a number of dollars with penalties expressed as a number of penalty units; 27 Acts to replace references to 'maximum penalty' with references to 'penalty'; 32 Acts to provide that provisions relating to the evidentiary status of a certificate (or other instrument or register) clearly provide that it is prima facie evidence of the matters stated in it (Introduced and read a first time 17 March; Second reading moved 17 March 2016)   More...

Statute Law Revision Bill (No. 2) 2016
the main objectives of the Bill are to: correct technical errors that have occurred in laws as a result of drafting and clerical mistakes; reduce the need for reliance on substituted reference orders under ss. 19B (Machinery of government - substituted reference orders) and 19BA (Reference to Minister, Department etc. inconsistent with changed administrative arrangements) of the Acts Interpretation Act 1901 No. 2 (Cth), and the need for such orders to be made in the future by inserting generic references to Ministers and Departments in Commonwealth Acts
(Introduced and read a first time 17 March; Second reading moved 17 March 2016)   More...

Commonwealth Electoral Amendment Act 2016
Commencement: 22/3/2016 (Whole)  More...

Courts Administration Legislation Amendment Act No 24 of 2016
Assent 18/03; 2016 Registered 22/03/2016 c – amendments commencing on 01 July amend the law relating to the administration of courts  More...

NSW

Proclamations commencing Acts
Regulatory Reform and Other Legislative Repeals Act 2015 No 48 (2016-154) — published LW 24 March 2016

Bills introduced – Government – 24 March 2016
Crimes (Serious Crime Prevention Orders) Bill 2016
Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016
Fines Amendment Bill 2016

Bills passed by both Houses of Parliament
Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Bill 2016

Bill introduced - Non-Government – 18 March 2016
Law Enforcement (Powers and Responsibilities) Amendment (Sniffer Dogs—Repeal of Powers) Bill 2016

Bills Progress
Privacy and Personal Information Protection Amendment (State Owned Corporations) Bill 2016
Legislative Assembly 23 March 2016 - Second reading debate continued and adjourned
This Bill is for an Act to amend the Privacy and Personal Information Protection Act 1998 to extend its application to State owned corporations that are not subject to the Privacy Act 1988 of the Commonwealth

Queensland

Bills Progress

Criminal Law (Domestic Violence) Amendment Bill (No. 2) 2015
Legislative Assembly 15/3/2016 Standing Committee report tabled, report to be published

Youth Justice and Other Legislation Amendment Bill 2015
Legislative Assembly 15/3/2016 Standing Committee report tabled, report to be published

Crime and Corruption Amendment Bill 2015
Legislative Assembly 15/3/2016 Standing Committee report tabled, report to be published

Bills

Child Protection (Mandatory Reporting - Mason's Law) Amendment Bill 2016
Introduced on 17/03/2016 Stage reached: Referred to Committee on 17/03/2016
The Queensland Law Reform Commission (the Commission) was requested by the then Government to review child protection mandatory reporting laws for the ECEC sector

Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016
Introduced on 15/03/2016 Stage reached: Referred to Committee on 15/03/2016
Legislative Assembly 15/3/2016 Introduced and read a first time
This Bill is for an Act to amend the Penalties and Sentences Act 1992 to establish a Queensland Sentencing Advisory Council and to amend the acts mentioned in schedule 1

Victoria

Bills Introduced and Second Read in the first House
Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Bill

Bills Progress

Fines Reform and Infringements Acts Amendment Bill 2016
Legislative Assembly 22/3/2016 Second reading debate continued and adjourned

Statutory Rules

No 17 Magistrates' Court General Civil Procedure (Miscellaneous Amendments) Rules 2016
Made: 22 March 2016 - The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules 2010 (a) to ensure that, as far as possible, the Magistrates' Court General Civil Procedure Rules 2010 are consistent with the Supreme Court (General Civil Procedure) Rules 2015;

No 14 Supreme Court (Appeals to the Court of Appeal and Other Amendments) Rules 2016
Made: 17 March 2016 -  The objects of these Rules are (a) to amend Chapter I of the Rules of the Supreme Court (i) to require that, in an appeal or application for leave to appeal to the Court of Appeal where the appeal or proposed appeal is in the nature of an appeal on a question of law, the moving party specify in the notice of appeal or application for leave to appeal the question or questions of law on which the appeal or proposed appeal is to be brought

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