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 2017

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...


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...



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.

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