Australia: Queensland Government Bulletin - 27 April 2016

Last Updated: 2 May 2016
Article by Paul Venus, Stephen Burton and Suzy Cairney

Most Read Contributor in Australia, September 2017

In the media – National

QLS says environmental clean-up reform amendments a win for Queensland
Queensland Law Society has praised the State Government for guaranteeing landowners and native title holders were protected in its newly minted chain of responsibility bill (22 April 2016).  More...

QLS says youth justice reforms are not before time
The Queensland Government's announcement of youth justice reforms is a welcome return to evidence-based policy, according to Queensland Law Society president Bill Potts (22 April 2016).  More...

Legislative amendments to the Youth Justice Act 1992
The Palaszczuk government has unveiled its latest round of measures to disrupt the path to more serious crime among young offenders (21 April 2016).   More...

Palaszczuk Government strengthens independence and integrity of Queensland's corruption watchdog
The Palaszczuk Government has restored the independence and integrity of Queensland's corruption watchdog , with new laws  ratified by Queensland's Parliament which will ensure the state's corruption watchdog can adequately tackle and prevent public sector corruption (20 April 2016).  More...  More...

QLS backs plan for common law rights as part of NIIS
The Queensland Government's announcement of a commitment to common law rights while implementing the NIIS was a win for common sense and the taxpayers hip pocket, according to Queensland Law Society (19 April 2016).   More...

Strangulation to be a stand-alone offence under Queensland's Criminal Code
The Palaszczuk Government has passed landmark laws to make non-fatal strangulation a separate offence under the Criminal Code, in a further move to strengthen Queensland's response to domestic and family violence(19 April 2016).  More... 

Barbaro amendments herald important changes for legal profession
The Palaszczuk Government has today passed amendments to improve the consistency of sentencing and efficiency of Queensland's courts (19 April 2016).  More...

Domestic violence public disclosure scheme to be referred to QLRC
The Palaszczuk Government has considered the next stage of legislative reform in the ongoing review of the Domestic Violence Protection Act (19 April 2016).  More...

In practice and courts

Queensland Supreme Court:Amended Practice Direction 7 of 2014
The Supreme Court has made available an amendment to Practice Direction Number 7 of 2014 - Digitally Recording Proceedings: Means of identifying proceedings, those appearing and witnesses (6 April 2016), which provides that "[d]igital recording of court proceedings in the State of Queensland is now being undertaken by Auscript Australasia Pty Limited".

QLD OAIC: Department of Education and Training follow-up review
Queensland's Office of the Information Commissioner's (OIC) follow-up compliance review report regarding the Department of Education and Training (DET) was tabled in Parliament on 20 April 2016.  More...

CCC Corruption Audit Plan for 2016–17
Outline of the proposed audits of how Queensland's public sector agencies deal with complaints of corrupt conduct from May 2016. The audit plan also sets out more detailed information about how the CCC plans and executes audits.   More...

Queensland Current Inquiries
Examination of Portfolio Subordinate Legislation

Auditor-General Reports referred to the Committee for Consideration

Published – articles, papers, reports

Journal of Judicial Administration update: 6 April 2016
The award of wasted costs arising from defective expert evidence – Dr Ian Freckelton QC;
Therapeutic jurisprudence in the coronial jurisdiction – Isabel Roper and Vivien Holmes;
The International Framework for Court Excellence and therapeutic jurisprudence: Creating excellent courts and enhancing wellbeing – E Richardson, Magistrate P Spencer and Prof D Wexler;
Improving the use of court decisions in the Federal Circuit Court – Grant T Riethmuller;
The High Court and the cocktail party from hell: Can social media improve community engagement with the courts– Andrew Henderson More...

The Hon T F Bathurst AC, Chief Justice of NSW, 'Judicial Responses to Domestic Violence' (2016)
Bathurst CJ's paper presented to a panel on domestic violence at the Royal Australasian College of Surgeons, 11 April 2016.   More...

The Hon T F Bathurst AC, Chief Justice of NSW, 'Statutory Commissions, Compulsory Examinations and Common Law Rights' (2016) 
Bathurst CJ's paper presented as part of the Contemporary Issues in the Law Series at the UNSW Law School, 21 March 2016.  More...

Cases – Queensland

Tablelands Regional Council v Minister for Local Government [2016] QSC 088
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY - where the Tablelands Regional Council de-amalgamated and was replaced by two new local governments – where a dispute arose over the division between the two new councils of the former council's cash balance – where a comprehensive process to determine the final cash split was undertaken – where the dispute was referred to and decided by the Minister under Local Government (De-amalgamation Implementation) Regulation 2013 (Qld) – where the applicant makes application for statutory review of the Minister's decision pursuant to s 20 Judicial Review Act 1991 (Qld) – where the applicant alleges there was no evidence or other material to justify the making of the decision – where the applicant alleges the decision was an improper exercise of power because of Wednesbury unreasonableness or because the Minister failed to take into account a relevant consideration – whether even if the Minister did err it would be inappropriate to grant the application.
LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - CONSTITUTION, AREA AND BOUNDARIES - REARRANGEMENT OF EXISTING AREAS - CONSEQUENCES OF REARRANGEMENT - ON ASSETS AND LIABILITIES – where the Tablelands Regional Council de-amalgamated and was replaced by two new local governments – where a dispute arose over the division between the two new councils of the former council's cash balance – where in the first instance the dispute was determined by the Minister under Local Government (De-amalgamation Implementation) Regulation 2013 (Qld) – where the applicant makes application for statutory review of the Minister's decision pursuant to s 20 Judicial Review Act 1991 (Qld) – whether the Minister erred in her decision.  More...

Hammercall Pty Ltd v Minister for Transport & Main Roads & Ors [2016] QCA 095
ADMINISTRATIVE LAW – PREROGATIVE WRITS AND ORDERS – CERTIORARI – GROUNDS FOR CERTIORARI TO QUASH – EXCESS OR WANT OF JURISDICTION – PARTICULAR INSTANCES OF JURISDICTIONAL ERROR – where the appellant contended the Minister's decision was invalid as he failed to consider all materials attached to the application in accordance with s 9(5)(a) Transport Planning and Coordination Act – where the Minister's decision was attached to a briefing memorandum he was given along with a large body of material relating to the application to acquire the land – where the appellant did not establish that the Minister did not consider the material accompanying the briefing memorandum – whether there was a jurisdictional error on the face of the record.
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – RIGHT TO BE HEARD – where the appellant contended it did not have the opportunity to comment on the briefing memorandum given to the Minister or another Departmental memorandum about the acquisition – where the memoranda did not include any substantially new content about which the appellant had not already been heard – whether the appellant was denied procedural fairness.  More...

Willis v State of Queensland [2016] QSC 080
WORKERS' COMPENSATION - PROCEEDINGS TO OBTAIN COMPENSATION - DETERMINATION OF CLAIMS - PROCEDURE - where tribunal assessed applicant under s 502 of the Workers Compensation and Rehabilitation Act 2003 (Qld) ("the Act") - where tribunal made findings in respect of the applicant's degree of permanent impairment - where applicant argued that the tribunal failed to comply with the procedures required by the Act and the Guidelines for Evaluation of Permanent Impairment ("the Guides") - whether the tribunal complied with the procedures required by the Act and the Guides.
ADMINISTRATIVE LAW - FREEDOM OF INFORMATION - REASONS FOR ADMINISTRATIVE DECISIONS - ADEQUACY OF REASONS - where the reasons of the tribunal made reference to the categories of the Psychiatric Impairment Rating Scale ("PIRS") provided for in the Guides - where the applicant submitted that, on the face of the tribunal's reasons, the tribunal erred at law in its application of the PIRS - whether, on the face of the tribunal's reasons, the tribunal erred at law.  More...

Legislation - Queensland

Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 - F2016L00523,
Bills Updated from Thursday 21 April 2016

Electoral (Improving Representation) and Other Legislation Amendment Bill 2016
Introduced on 19/04/2016. Stage reached: PASSED with amendment on 21/04/2016.  More...

Counter-Terrorism and Other Legislation Amendment Bill 2016
Introduced on 19/04/2016. Stage reached: Referred to Committee on 19/04/2016

Youth Justice and Other Legislation Amendment Bill 2016
Introduced on 21/04/2016. Stage reached: Referred to Committee on 21/04/2016

Constitution of Queensland and Other Legislation Amendment Bill 2016
Introduced on 21/04/2016. Stage reached: Referred to Committee on 21/04/2016

Crime and Corruption Amendment Bill 2015
Stage reached: PASSED with amendment on 20/04/2016

Criminal Law (Domestic Violence) Amendment Bill (No. 2) 2015
Stage reached: PASSED on 19/04/2016

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