Australia: Queensland Government Bulletin - 11 May 2016

Last Updated: 13 May 2016
Article by Paul Venus, Stephen Burton and Suzy Cairney

Most Read Contributor in Australia, September 2016

In the media

Attorney-General's Portfolio Budget Measures 2016-17

The Turnbull Government is investing a further $5 million to support communities impacted by violent extremism and prevent young people from falling for the allure of violent extremists online (03 May 2016).  More...

National Inquiry Report released today

The Australian Human Rights Commission and the Attorney-General, Senator the Hon. George Brandis QC, today will launch the report into employment discrimination against older Australians and Australians with disability, Willing to Work (02 May 2016).  More...

Strengthening AML/CTF capability to tackle new threats

The Coalition Government have tabled the Report on the Statutory Review of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and Associated Rules and Regulations. There are 84 recommendations in the report designed to shape a modern AML/CTF regime that positions Australia to address current and future challenges (29 April 2016).  More...

New national biometrics system to fight crime

Following a competitive tender process, Commonwealth Government agency CrimTrac has awarded NEC Australia Pty Ltd the contract to deliver the nation's next generation biometrics crime-fighting tool (29 April 2016).   More...

Election 2016: Senate probe into women's low super balances to focus on equal pay

A Senate probe into the superannuation gender gap, where women retire with half the savings of men, will urge drastic action on equal pay and push for new tax incentives (29 April 2016).  More...

Productivity Commission to examine arrangements supporting Australian Consumer Law

The Government has released the terms of reference for a Productivity Commission study into the enforcement and administration arrangements underpinning the Australian Consumer Law. The study will focus on the effectiveness of the 'single-law, multiple regulator' model (29 April 2016).  More...

Consultation on improving bankruptcy and insolvency law

The Attorney General, Senator the Hon George Brandis QC, has released a discussion paper titled 'Improving Bankruptcy and Insolvency Laws' for public consultation as part of the Government's National Innovation and Science Agenda (NISA) (29 April 2016).  More...

Smart Cities will grow the innovation economy

The Prime Minister Hon Malcolm Turnbull has released the Commonwealth's Smart Cities Plan, to deliver jobs closer to homes, more affordable housing, better transport connections and healthy environments (29 April 2016).  More... 

Planning Institute of Australia.  29 April 2016 - Planners Welcome Smart Cities Plan, Concerns Over Lack of Population Strategy

Improving privacy in Australia's general practices a joint effort

Acting Australian Information Commissioner, Timothy Pilgrim, has today welcomed a series of actions by Australia's peak medical groups to improve privacy practices at Australia's GP clinics (28 April 2016.) More...

In practice and courts

New Courts and Government appointments

6 May—Appointments to the Administrative Appeals Tribunal
76 reappointments and appointments to the Administrative Appeals Tribunal.

6 May—Appointments to the Federal Courts
four appointments to the federal courts.

5 May 2016—Appointment of Commonwealth Director of Public Prosecutions​​
appointment of Ms Sarah McNaughton SC as the Commonwealth Director of Public Prosecutions.

5 May 2016—Appointments to the Australian Human Rights Commission​​
appointment of the Hon Dr Kay Patterson as Age Discrimination.

Government responds to access to justice report

The Australian Government has released a response to recommendations of the Productivity Commission Access to Justice Report implemented to date. Despite the report recommending increased resourcing for legal assistance services, the Government response does not announce new funding, which is of concern to stakeholder groups (29 April 2016).

Legal Practitioners' Scale of Costs

The High Court, Federal Court, Family Court and Federal Circuit Court have established a Joint Costs Advisory Committee (JCAC) to inquire into, and to make recommendations on, any variations in the quantum of costs (including expenses and fees for witnesses) allowable to legal practitioners (26 April 2016). More... 

Elder Abuse Inquiry

The ALRC has received Terms of Reference for an Inquiry into Elder Abuse. Initial research and consultations are underway and will continue into May. The ALRC has established an Advisory Committee for the Inquiry and its first meeting will be in May. The first consultation document of the Inquiry will be an Issues Paper to be released on 15 June 2016.  More...

QLD: 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

Australian Government's response: Productivity Commission's Report into Access to Justice Arrangements

The report considers a number of significant areas in the civil justice system at both the Commonwealth, and the state and territory level. The Australian Government's response addresses recommendations implemented to date. The Government's response is available below (29 April 2016).  More...

Sentencing Outcomes for Firearms Offences

Parliament of NSW: BF 02/2016 

This paper sets out the recent history of firearms offences, including the origins of the Firearms Act 1996 (NSW) in the aftermath of the Port Arthur massacre. It then outlines the distinction between non-strictly indictable and strictly indictable firearms offences, and considers the significance of that distinction on the sentencing of firearms offences (05 May 2016). More...

Cases

Bartlett v Contrast Constructions Pty Ltd [2016] QCA 119

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – GENERALLY – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where leave to appeal was filed one day late – whether an extension of time be allowed.

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – GENERALLY – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where an error of law was made by the member at first instance – where the member of the QCAT Appeal Tribunal dismissed the appeal – whether the nature of the error of law caused an injustice requiring a grant of leave to appeal.

CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – THE CONTRACT – GENERALLY – where the applicant contracted with a building company – where the applicant claims for contractually prescribed liquidated damages arising from a change to the date of practical completion – where the builder abandoned the works under the contract – whether the applicant's claim to contractually prescribed liquidated damages succeeds. More...

Abbott v Commissioner of Police [2016] QSC 095

EXTRADITION – RETURN AND ATTACHMENT WITHIN AUSTRALIA – UNDER SERVICE AND EXECUTION OF PROCESS ACT 1992 – ABUSE OF PROCESS – where the applicant escaped out of legal custody in Western Australia in 1989 and a warrant issued under the Justices Act 1902 (WA) – where the applicant was later imprisoned in Queensland for a variety of offences, then released on parole in 2016 – where following the applicant's release in 2016 an application was made to execute the 1989 warrant and return him to Western Australia – where the validity of the warrant was not disputed – where the magistrate ordered pursuant to s 83 that the applicant be returned to Western Australia – where the applicant sought review of the decision by the Supreme Court pursuant to s 86 – where the applicant submitted that, given that the Attorney-General of Western Australia previously refused to agree to and failed to request the applicant's transfer to Western Australia, it was an abuse of process to be extradited to Western Australia to serve the balance of a term of imprisonment imposed on him in that State in the 1980s and face further charges – whether ss 83 and 86, properly construed, exclude abuse of process as a ground for refusal of an application for extradition.

HIGH COURT AND FEDERAL COURT – THE FEDERAL JUDICATURE – NATURE AND EXTENT OF JUDICIAL POWER – CONFERRAL ON STATE COURTS – where the power conferred on the magistrate by s 83 was regarded as an administrative power – where the power conferred on the Supreme Court by 86 was regarded as a judicial power – where the magistrate and the Supreme Court exercising power under ss 83 or 86 respectively were concerned only with whether the applicant was liable to be extradited on a valid warrant, not with the extraditing State's criminal law or with determining the applicant's guilt or innocence – whether, by excluding the inherent power of the court to dismiss proceedings for an abuse of process, ss 83 and 86 are invalid because they require a court to act in a way which is inconsistent with its essential character. More...

Medical Board of Australia v Alroe [2016] QCA 120

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – HEARING – NATURE OF HEARING – OPPORTUNITY TO PRESENT CASE – where judicial member of Queensland Civil and Administrative Tribunal (QCAT) made order for costs against a party without affording the parties an opportunity to be heard on the question of costs – where parties agree appeal to Court of Appeal should be allowed and the costs order set aside.

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW THE EVENT – where judicial member of QCAT ordered respondent to a review to pay applicant's costs of the proceedings – where s 100 of QCAT Act provides that each party to a proceeding must bear the party's own costs for the proceeding unless otherwise provided by that Act or an enabling Act – where neither party made submissions as to why the QCAT should depart from the position stated in s 100 – where the judge made a costs order based on the principle that costs follow the event – where parties agree appeal should be allowed because the judge applied the wrong principle. More...

Legislation

Queensland

Subordinate Legislation as made

No 43 Proclamation commencing remaining provisions

Counter-Terrorism and Other Legislation Amendment Act 2015 – 06 May 2016

No 44 Police Service Administration Regulation 2016

Police Service Administration Act 1990 – 06 May 2016

Bills Updated

Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016

Introduced on 15/03/2016 Report from Committee on 29/04/2016

Acts passed 05 May 2016

No 15 Constitution (Fixed Term Parliament) Amendment Act 2015

No 16 Criminal Law (Domestic Violence) Amendment Act 2016

No 19  Crime and Corruption Amendment Act 2016

No 20  Electoral (Improving Representation) and Other Legislation Amendment Act 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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.