Australia: Queensland Government Bulletin - 5 July 2016

Last Updated: 10 July 2016
Article by Paul Venus, Stephen Burton and Suzy Cairney

Most Read Contributor in Australia, September 2017

In the media

Conducting internal investigations into misconduct
The Victorian Ombudsman has teamed up with the IBAC on a guide to help people working in government agencies and local councils internally investigate misconduct (30 June 2016). More...

No criminal action to be taken by CCC against QPS officers
The CCC has completed its investigation into a complaint alleging excessive use of force by QPS officers determining there are no prospects of a successful criminal prosecution (30 June 2016). More...

New liquor laws start 1 July 2016 in Queensland
The Palaszczuk Government's new laws to tackle alcohol-fuelled violence are set to provide a boost to the social life and economy of Queensland's towns, cities and entertainment precincts (26 June 2016). More...

QLS responds to LCA call for equitable briefing policy for female barristers
Queensland Law Society has responded to the Law Council of Australia's announcement of an updated equitable briefing policy – saying it supported moves to level the playing field for female barristers (24 June 2016). More...

Iman People win native title rights
The Iman People of Central and South Western Queensland have welcomed the opportunity to move on from a turbulent colonial past and rebuild their cultural "purpose and pride" following a Federal Court decision that recognises them as the traditional owners of their land (23 June 2016). More...

Survey reveals highest level of community perception in 22 years that ICAC reduces corruption
Community perceptions that the NSW Independent Commission Against Corruption (ICAC) is effectively reducing corruption in the state are at the highest levels recorded in 22 years, according to the results of the Commission's latest Community Attitudes Survey, released today (23 June 2016). More...

Police officer charged for unauthorised access and disclosure of confidential information
The CCC has charged a 47-year-old current serving Sergeant from the Brisbane region for alleged unauthorised use of the QPS Qprime database system (22 June 2016). More...

Director of Child Protection Litigation appointed
The Palaszczuk Government has appointed Mr Nigel Miller as Queensland's first Director of Child Protection Litigation. Mr Miller will be responsible for independently deciding whether an application for a child protection order should be made for a child (22 June 2016). More...

Restoring fair and effective youth justice
The Palaszczuk Government has taken the final steps to restore and strengthen Queensland's youth justice system. New laws remove current the unjust and ineffective provisions, expanding the definition of a sentence order so as to allow new sentences imposed as a result of a child's contravention of their original sentence order to be reviewable under the Youth Justice Act (18 June 2016). More...

In practice and courts

QLD: New Regulation - Justice Legislation (Fees) Amendment Regulation (No. 1)
The Justice Legislation (Fees) Amendment Regulation (No. 1) 2016 No. 85 (Qld). The amending Regulation will commence on 1 July 2016.

QLD: Access our latest advocacy
Check out recent Queensland Law Society submissions on EPA forms, the Australian Consumer Law and children's law matters at Conflict of laws: administration appointments and enduring power of attorney forms (June 2016).

QLD: Youth justice changes from 1 July
The Youth Justice and Other Legislation Amendment Bill 2015 and Youth Justice and Other Legislation Amendment Bill 2016 commence on 1 July 2016. QLS was quoted in Hansard in relation to the conferencing provisions: agreed and advised the committee that youth conferencing ... is often a very beneficial thing for the victim as well to be able to meet the offender and develop a bit of a broader understanding about some of the reasons why that young person has committed that offence.

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 June 2016.

Queensland Current Inquiries

Examination of Portfolio Subordinate Legislation

Auditor-General Reports referred to the Committee for Consideration

Published – articles, papers, reports

Justice Margaret A McMurdo: 'The Latest Report Card on Gender Equality at the Queensland Bar and Bench' (2016)
Presented to the Queensland Women Judicial Officers and Barristers function, Brisbane, 23 June 2016.

Chief Justice Holmes: 'Preserving the independence of the judiciary' (2016)
Delivered at the University of Southern Queensland Public Lecture, USQ, Toowoomba, 26 May 2016.

Justice Logan: 'The Relationship between Parliament, the Judiciary and the Executive ('the Latimer House principles')' (2016)
Delivered at the 27th Commonwealth Parliamentary Seminar, Parliament House, Brisbane, 9 June 2016.

CCC corruption allegations: Data from 1 July 2015 – 31 December 2015
This report provides information about allegations of corrupt conduct received by the CCC. This data is considered, along with other relevant information and intelligence, when determining how to execute its corruption function. It has been published to improve knowledge about allegations of corruption and to show transparency about the nature of the CCC's corruption function.

Cases – Queensland

Archer v Simon Transport Pty Ltd [2016] QCA 168
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – JURISDICTIONAL MATTERS – where the applicant laid a complaint under the Justices Act 1886 (Qld) that, contrary to s 32 of the Work Health and Safety Act 2011 (Qld) ('WHS Act'), the respondent failed to comply with its duty under s 19(1) of the WHS Act and this failure exposed an individual to a risk of serious injury – where a District Court judge upheld the decision of the Industrial Magistrates Court striking out the complaint for want of jurisdiction on the basis that the complaint was insufficiently particularised – where the complaint set out the ways in which the employer failed to comply with its duty and measures which should have been taken to obviate the identified risks – whether leave to appeal should be granted – whether the complaint was adequate to invoke the jurisdiction of the Magistrates Court.

Schoch v Palmer [2016] QSC 147
LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – OTHER CAUSES OF ACTION AND MATTERS – where the plaintiff sued the defendant for making five alleged defamatory statements – where the limitation period under s 10AA of the Limitation of Actions Act 1974 (Qld) in respect of three of those statements had expired – whether it was not reasonable in the circumstances to have commenced an action within the one year limitation period – whether that limitation period should be extended pursuant to s 32A of the Limitation of Actions Act 1974 (Qld).

Legislation – Queensland

Subordinate legislation as made

No 86 Parliamentary Service Amendment By-law (No. 1) 2016
Parliamentary Service Act 1988 – 24 June 2016 - The objective of this regulation is to explicitly provide that, as part of the regulation under the Parliamentary Service Act 1988, smoking on the parliamentary precinct other than in a designated area will be an offence.

No 92: Childrens Court Rules 2016
Childrens Court Act 1992 – 24 June 2016 - The Regulation is made under the Childrens Court Act 1992 (Qld). The Regulation provides for the procedures of the Childrens Court to implement a case management approach to child protection proceedings (the court case management framework).

Bills Updated

Youth Justice and Other Legislation Amendment Bill 2016
Passed with amendment on 17/06/2016 Assent Date: 27/06/2016 Act No: 39 of 2016 Commences: see Act for details. The objectives of the Bill are to close the Childrens Magistrates Court when hearing all youth justice matters, increase the age at which children are to be transferred to adult corrections from 17 to 18, empower a court to delay a young person's transfer and reinstate a court-referred youth justice conferencing program.

Youth Justice and Other Legislation Amendment Bill 2015
Passed with amendment on 17/06/2016 Assent Date: 27/06/2016 Act No: 38 of 2016 Commences: see Act for details. This Bill will deliver on the Government's commitment to repeal amendments made to the Youth Justice Act 1992 (Qld) by the former Government.

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.