Australia: Queensland Government Bulletin - 5 July 2016

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.

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