Australia: Queensland Government Bulletin - 2 August 2016

In the media

QLS launches domestic violence guidelines
The Queensland Law Society officially launched its Domestic and Family Violence Best Practice Guidelines today at the Supreme Court of Queensland Banco Court (27 July 2016). More...

Deaf woman takes Queensland Government to High Court
A Queensland woman hoping to be Australia's first deaf juror is having her discrimination case heard by the High Court in Brisbane this afternoon (25 July 2016). More...

Statement from the Attorney-General
The Palaszczuk Government is working through a number of recommendations to respond to the Royal Commission into Institutional Responses to Child Abuse, including the removal of the statute of limitation for child sexual abuse claims (24 July 2016). More...

Independent review for Electoral Commission of Queensland
The Palaszczuk Government will seek an independent review of recent elections conducted by the Electoral Commission of Queensland. The review will examine the 2016 Queensland Local Government elections, the referendum on fixed four-year terms for Queensland parliament, as well as the recent Toowoomba South by-election (21 July 2016). More...

Search warrant guidelines initiative
QLS is excited to be leading the profession by initiating the authoring of the new guidelines, which will bring certainty to its subject area and ensure the rights of all participants are protected according to law as well as the ethical obligations of both practitioners and police (20 July 2016). More...

Expert board to review domestic violence deaths
The Palaszczuk Government has taken another important step in its actions to tackle domestic and family violence, with the appointment of the Domestic and Family Violence Death Review and Advisory Board, chaired by State Coroner Terry Ryan (20 July 2016). More...

In practice and courts

COAG Energy Council meeting
The next meeting of the Council of Australian Governments (COAG) Energy Council will be held on 19 August in Canberra (25 July 2016). More...

Queensland Current Inquiries
Constitution of Queensland and Other Legislation Amendment Bill 2016 - report due 15 August 2016.
Australian Crime Commission (Queensland) and Other Legislation Amendment Bill 2016 – report due 02 August 2016.

QLD: Self-Represented Litigants update
The Industrial Court of Queensland (ICQ) and Queensland Industrial Relations Commission (QIRC) have updated the webpage Self-Represented Litigants (updated 19 July 2016), which is "intended to give some guidance about the procedural aspects of Commission hearings" to self-represented litigants.

QLD: New Australian Crime Commission (Queensland) Regulation 2016 (120 of 2016) [QLD]
The Regulation achieves the policy objectives by providing requirements and processes to support provisions in the Act in accordance with the regulation-making power in section 53 of the Act. The Regulation is consistent with the objects of the Act which provides for the powers, duties and functions of the Australian Crime Commission (25 July 2016). More...

QLS: Judicial Appointments Protocol
The Queensland Law Society (QLS) has announced that the state government has approved a protocol "associated with the appointment of judicial officers in the Magistrates Court, District Court and Supreme Court of Queensland". More (Dept of Justice and Attorney-General)... More (Queensland Law Society)...

Published – articles, papers, reports

Barrett Adolescent Centre Commission of Inquiry Report 2016
The Queensland Government received the Barrett Adolescent Centre Commission of Inquiry Report on 24 June this year, and after careful consideration of patient confidentiality, the report has now been released, along with the Government's Response to the recommendations and findings (July 2016).

Queensland Ombudsman: An investigation into the current child safety complaints management processes within the Department of Communities, Child Safety and Disability Services, 2016
This report presents the findings of an investigation into the Department of Communities, Child Safety and Disability Services' management of complaints about the child safety system in Queensland (July 2016).

Cases

Abbott v Queensland All Codes Racing Industry Board [2016] QSC 162
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where the applicant allegedly assaulted one of two stewards conducting an inspection at private stables, and also made derogatory remarks about the deputy chair of stewards – where the version of events, particularly as to the assault, was disputed – where the chief steward was phoned by one of the stewards both before and immediately after the alleged assault – where the chief steward made a third phone call to scratch a horse on the basis that the applicant assaulted one of his stewards – where a stewards' inquiry was convened and chaired by the chief steward, at which the applicant was charged with breaches of the Australian Harness Racing Rules – where at the stewards' inquiry the first two phone calls, but no details of their contents, were mentioned by witnesses – where the third phone call was mentioned only once in passing by a witness – where the applicant was found guilty and disqualified for two years in respect of the alleged assault and disqualified for three months in respect of the derogatory remarks – where the applicant sought judicial review of the decisions – whether the chief steward was disqualified from being able to sit on the panel on the ground of apprehended bias because of his involvement in the events – whether the failure to disclose the chief steward's involvement, or to disclose that involvement fully, gave rise to an apprehension of bias or was a breach of the rules of natural justice – whether to quash both the decision relating to the assault and the decision relating to the derogatory remarks.

Geju Pty Ltd v Central Highlands Regional Council [2016] QSC 159
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – AMENDMENT – where the applicant applies to have certain amendments to the defence disallowed – where the applicant applies to obtain orders precluding the defendant relying on two expert reports – where there has not been compliance with the rules and practice direction for experts - whether the applicant will suffer prejudice – whether the amendments are embarrassing or have a tendency to prejudice or delay the fair trial of the proceeding.

Phian Pty Ltd v Commissioner of State Revenue [2016] QCAT 191
ADMINISTRATIVE LAW - ADMINISTRATIVE TRIBUNALS - GENERALLY - QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - APPLICATION FOR REVIEW - whether the Commissioner ought exercise discretion to exclude applicant from group for payroll tax purposes - whether business is substantially independent of and not substantially connected with business carried on by other group members - where question of fact and degree - where nature of business completely different - where connections between ownership and management of companies - where financial interdependency between group members - where connection and interdependency relevant in commercial sense - where connection and interdependency not immaterial or inconsequential.

Legislation – Queensland

Subordinate legislation as made

No 120: Australian Crime Commission (Queensland) Regulation 2016
Australian Crime Commission (Queensland) Act 2003 – 22 July 2016 - The aim of the Regulation is to support the Australian Crime Commission (Queensland) Act 2003 (the Act) which provides for the powers, duties and functions of the Australian Crime Commission.

No 124: Summary Offences Regulation 2016
Summary Offences Act 2005 - 29 July 2016 - The objective of the Summary Offences Regulation 2016 (the new Regulation) is to prescribe specific matters for the Summary Offences Act 2005 (the Act). These matters relate to sections 11A 'Unlawful driving of motorbike on public land' and 23D 'Seller of spray paint must display prohibition sign' of the Act.

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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Authors
Christine Jones
Kim Nguyen
 
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