Australia: Queensland Government Bulletin - 8 June 2016

Last Updated: 15 June 2016
Article by Paul Venus, Stephen Burton and Suzy Cairney

Most Read Contributor in Australia, September 2017

In the media

Queensland CCC seeking feedback on changes to complaint disclosure laws
Queensland's Crime and Corruption Commission (CCC) is reviewing its laws that allow allegations to be made public while they are being investigated. More...

Queensland needs reform on class actions
Queensland's continued lack of a class action structure perpetuates a significant omission in the States legal structure, according to Queensland Law Society (26 May 2016). More...

Palaszczuk Government to standardise age of consent
The Palaszczuk Government has announced its intention to standardise the age of consent for lawful sexual activity in Queensland (25 May 2016). More (Government to standardise age of consent) ... More (Action plan to tackle rising STI rates in North Queensland)....

Queensland says 'there's no excuse for elder abuse'
The Palaszczuk Government has stepped up the fight against elder abuse, launching a new campaign today to target the growing issue in Queensland (25 May 2016). More...

Sentencing Council reinstated in Queensland
State Parliament has today passed the Palaszczuk Government's legislation re-establishing the Queensland Sentencing Advisory Council (24 May 2016). More...

QLS: Return of Sentencing Advisory Council a win for QLD justice system
The reintroduction of the Sentencing Advisory Council in Queensland is vital to the delivery of justice throughout the state. Society president Bill Potts said the return of SAC was consistent with QLS's state Call to Parties document issued prior to the last Queensland election. More...

Palaszczuk Government ensures safety of Queenslanders
Today Minister for Police Bill Byrne introduced a Bill in Queensland Parliament that will increase the Queensland Police Service's ability to get on with the job of keeping Queenslanders safe (24 May 2016). More...

New laws to strengthen child protection in schools
Education Minister Kate Jones today introduced legislation into State Parliament to strengthen protection for children in schools (24 May 2016). More...

In practice and courts

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...

2016 COAT National Conference 2016
Hotel Grand Chancellor Hobart. COAT National Conference "Between CATs and Courts". More...

Legal and Constitutional Affairs References Committee – current enquiries
The establishment of a national registration system for Australian paramedics to improve and ensure patient and community safety - The reporting date is 30 June 2016.

CCC: to examine whether publicising allegations of corrupt conduct is in the public interest
The CCC published a discussion paper today titled Making allegations of corrupt conduct public: Is it in the public interest?and is calling for public submissions to support the examination of this issue closing on 30 June2016.

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

Published – articles, papers, reports

Justice Logan RFD, 'Statutory Construction' (2016)
Panel Discussion Presentation. Delivered at the Administrative Appeals Tribunal Members Conference, Twin Waters Resort, Sunshine Coast, Queensland (30 May 2016).

Cases – Queensland

Francis v Administrative Appeals Tribunal [2016] FCA 639
PRACTICE AND PROCEDURE – summary judgment – whether applicant has reasonable prospect of successfully prosecuting proceeding - Federal Court of Australia Act 1976 (Cth) s 31A – Federal Court Rules 2011 (Cth) r 26.01(1)(a). ADMINISTRATIVE LAW– appeal against decision of the Administrative Appeals Tribunal – where Tribunal conducted a review of decision made by the Information Commissioner to make a vexatious applicant declaration – where Information Commissioner satisfied that a particular access action involves an abuse of process – Freedom of Information Act 1982 (Cth) ss 89K, 89L.

Gerhardt v Queensland Building and Construction Commission [2016] QCA 136
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – GENERALLY – where an extension of time is required to bring the application for leave to appeal – where the extension is not opposed – whether leave is granted. ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – GENERALLY – where the Queensland Building and Construction Commission decided the applicant had engaged in unsatisfactory conduct – where the decision was set aside by a member of the Queensland Civil and Administrative Tribunal (QCAT) – where a member of the Queensland Civil and Administrative Appeal Tribunal set aside the QCAT member's findings – where leave to appeal is restricted to a question of law – where the applicant was a private certifier under the Building Act 1975 (Qld) – where the applicant issued building permits without preliminary approval – where the council was prescribed as a "concurrence agency" in the Sustainable Planning Regulation 2009 – whether the applicant was the assessment manager of the development application and therefore did not require preliminary approval.

Leigh and Australian Federal Police (Freedom of information) [2016] AATA 330
FREEDOM OF INFORMATION — request for access to names of former staff of the Minister for Foreign Affairs contained in Australian Federal Police report — whether staff names are conditionally exempt from disclosure — whether disclosure would involve unreasonable disclosure of personal information — whether disclosure would be contrary to the public interest — decision varied.
PARLIAMENTARY PRIVILEGE — whether applicant can rely on Parliamentary proceedings and media references to Parliamentary proceedings — whether reliance on material would invite the drawing of inferences or conclusions contrary to s 16(3)(c) of the Parliamentary Privileges Act 1987 — applicant cannot rely on material.
Administrative Appeals Tribunal Act 1975, ss 43(5B), 44
Bill of Rights 1688, art 9
Freedom of Information Act 1982, ss 3, 3A, 4(1), 11(2), 11A(5), 11B(4), 15, 22, 27A, 31B, 47F, 53C, 54L, 54W(b), 60AA, 61(1)(b), 63(2), 64(1A), 67(2), 93A.

Taggart and Civil Aviation Safety Authority (Freedom of information) [2016] AATA 327
FREEDOM OF INFORMATION – exemption – legal professional privilege – in-house agency legal services division – whether appropriately independent of remainder of agency – whether communications between legal services division and another division within the agency – made for the dominant purpose of giving or obtaining legal advice – whether waiver of privilege – decision varied.
Administrative Appeals Tribunal Act 1975 ss 26(1)(b), 33(1)(c), 33(1AA), 34E, 40(5), 43(2), 43(2A), 43(2B) Freedom of Information Act 1982 ss 3(1)(b), 3A(2)(b), 4(1), 8(2)(j), 8A(1), 8A(2), 11, 11A, 11A(5), 11B, 22, 22(1)(b), 22(1)(c), 22(1)(d), 31B, 42, 42(1), 42(2), 42(3), 58(2), 61(1)(b), 93A.

Commissioner of State Revenue v Kimiora [2016] FCCA 1229
STATUTORY INTERPRETATION – Interest payable under Duties Act 2000 (Vic) – whether judgment debt attracts interest under Magistrates Court Act 1989 (Vic) or under Taxation Administration Act (Vic) – interest on unpaid tax is payable under Taxation Administration Act (Vic) that establishes a code, separate and apart from ordinary judgment debts on which interest under other legislation may be payable. STATUTORY INTERPRETATION – Principles to be applied in ascertaining the intention of Parliament.

Kakae v Wetspot Consolidated Pty Ltd & Ors [2016] VSC 271
ADMINISTRATIVE LAW – Judicial review – Medical panel – Adequacy of reasons – Procedural fairness – Error of law – Relevant considerations – Supreme Court (General Civil Procedure) Rules 2015 (Vic) Order 56 – Accident Compensation Act 1985 (Vic) ss 5, 93, 99, 114 – Workplace Injury, Rehabilitation & Compensation Act 2013 (Vic) ss 3, 282, 284, 302.

Legislation – Queensland

Subordinate Legislation as made
No 55: State Penalties Enforcement Amendment Regulation (No. 2) 2016
State Penalties Enforcement Act 1999 – 27 May 2016

No 58: State Penalties Enforcement Amendment Regulation (No. 3) 2016
State Penalties Enforcement Act 1999 – 27 May 2016


Director of Child Protection Litigation Bill 2016
Introduced by: on 16/02/2016 Stage reached: PASSED with amendment on 11/05/2016
Assent Date: 25/05/2016 Act No: Act No. 23 of 2016
Commences: see Act for details

Child Protection Reform Amendment Bill 2016
Introduced on 16/02/2016 Stage reached: PASSED on 11/05/2016
Assent Date: 25/05/2016 Act No: Act. No. 24 of 2016
Commences: see Act for details

Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016
Introduced on 15/03/2016 Stage reached: PASSED with amendment on 24/05/2016. This Bill re-establishes the Queensland Sentencing Advisory Council.

Australian Crime Commission (Queensland) and Other Legislation Amendment Bill 2016
Introduced on 24/05/2016 Stage reached: Referred to Committee on 24/05/2016
The objectives of the Bill are to facilitate the merger of CrimTrac (Australia's policing information sharing agency) into the Australian Crime Commission (Australia's national criminal intelligence agency).

Acts as passed – 25 May 2016

No 23 Director of Child Protection Litigation Act 2016

No 24 Child Protection Reform 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

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

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”

Up-coming Events Search
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (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

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’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.


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.


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 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.


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.


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.


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.


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

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

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

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